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May 01, 2001 Agenda
AGENDA ,~,l;)enda Item , , ' CITY OF DENTON CITY CO~CIL l]ate_ ~11 ~ I May 1, 2001 A~er dete~mxng that a quorum ~s present ~d convemng ~n ~ Open Meeting, the C~ty Councd of the C~ty of Denton, Texas ~11 convene ~n a Closed Meeting on Tuesday, May 1, 2001 at 5 15 p m ~n ~e C~ty of Denton Co~cfl Work Session Room, Denton C~ty Hall, at 215 East McK~ey, Denton, Texas to consider specffic ~tems when these ~tems me hsted below under ~e Closed M?et~ng section of ~s agenda ~en ~tems for consideration ~e not hsted ~der the Closed M~e~ng section of the agenda, the C~ty Co.cd w~ll not conduct a Closed Meeting at 5 15 p m ,, ~d will convene at the t~me hsted below for ~ts regul~ or specml called meeting The Cxty Council rese~as the right to adjoin ~nto a Closed Meeting on ~y ~tem on ~ts Open Meeting agen~ conmstent w~ Chapter 551 of~e Texas Government Code, as mended, as set fo~h below ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT 1S HELD IN COMPLIANCE WITH TE~KAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF SECTION 551 086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION ) THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED 'MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX GOV'T CODE, SECTIONS 551 001, ET SEQ (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, 1N ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551 071-551 086 OF THE TEXAS OPEN MEETINGS ACT Regular Meeting of the City of Denton City Council on Tuesday, May 1, 2001 at 6 00 p m in the Council Chambers at City Hall, 215 E McKlnney Street, Denton, Texas at which the following items will be considered 1 Pledge of Allegiance A U S Flag B Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible" PRESENTATIONS 2 Proclamations A Mental Health Month B Dr Norval Pohl Day Denton Clnco de Mayo Day 13 Drmkang Water Week in Denton Arson Awareness Week CITIZE[N REPORTS 3 J~ckm Sasser regarding harassment by a eotmcfl member 4 Eetemla Washington regarding the Racial Profiling Task Force City of Demon Caty Council Agenda May 1, 2001 Page 2 5 Ross Melton regarding the City Attorney, Code Enforcement, and the Caty Council 6 Carolyn Ph~lhps regarding the Southeast Denton Neaghborhood Associataon NOISE EXCEPTIONS 7 Consider a request for an exception to the noase ordanance for a Denton Cmco de Mayo event hosted by Canales Production at North Texas Fairgrounds on Sunday, May 6, 2001 from Noon to 9 30 p m 8 Consider a request for an exception to the noase ordinance for a Campaign and B~rthday Party on Reed and McDonald Streets between (1004 Reed and 1212 McDonald) on Saturday, May 5, 2001, until Midnight CONSENT AGENDA Each of these atems as recommended by the Staff and approval thereof wall be smctly on the bas~s of the Staff recommendations Approval of the Consent Agenda authorizes the C~ty Manager or his designee to amplement each item m accordance wath the Staff recommendataons The C~ty Council has received background mformat~on and has had an opportumty to raise questions regarding these items praor to conslderataon Listed below are bids, purchase orders, contracts, and other atems to be approved for payment under the Consent Agenda (Agenda Items 9-29) Thas hstmg ~s provided on the Consent Agenda to allow Council Members to dascuss or wathdraw an ~tem praor to approval of the Consent Agenda If no items are pulled, Consent Agenda Items 9 - 29 below wall be approved with one motaon If items are pulled for separate discussion, they w~ll be consadered as the first atems under "Items for Indavldual Consaderatlon" 9 Consider approval of a tax refund to Johnme L Samon m the amount of $599 11 The 2000 property tax was pard twace 10 Consider approval of a tax refund to Lympens Kozlrls an the amount of $726 66 The 2000 property tax was prod twaee 11 Consider approval of a tax refund to Centex Homes in the amount of $2,776 38 The 2000 property tax was paad twice 12 Consider approval of a tax refund to Extraco Mortgage m the amount of $812 70 The 2000 property tax was prod twice 13 Consider approval of a tax refund to David Coulter and Shelley Cushman an the amount of $805 00 The 1999 property tax was prod twice 14 Consider approval of a tax refund to Cormle Suttle m the amount of $881 35 The 2000 property tax was paad twice 15 Consader approval of a tax refund to Kyle & Nancy Baker m the amount of $941 42 The 2000 property tax was pard twice C~ty of Denton Clty Council Agenda May 1, 2001 Page 3 16 Consider approval of a tax refund to Nell Elhott ~n the amount of $2,091 30 Mrs Elhott erroneously paid her Denton County and DISD taxes to the City of Denton 17 Consider approval of a tax refund to Charles Q Mmh~e ~n the amount of $1,013 53 The 2000 property tax was paid twice 18 Consider approval of a tax refund to DolgenCorp Texas, Inc in the amount of $1,025 58 The 2000 property tax was prod twine 19 Consider approval of a tax refund to David Haesle in the amount of $731 44 The 2000 property tax was prod twice 20 Consider approval of a tax refund to Umted Copper Industries ~n the amount of $1,934 03 The 2000 property value was decreased by the Denton Central Appraisal D~smct 21 Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal Cooperatmn Agreement between the C~ty of Denton and the C~ty of Krum for the ~mpoundment and d~spos~t~on of dogs and cats and the collectmn of fees pursuant to the prowsmns of smd agreement, and prowd~ng for an effective date 22 Consider adoption of an ordmance accepting competitive b~ds by way of an Interlocal Agreement w~th Denton County and awarding a contract for the purchase of Office Furmture, prowd~ng for the expenditure of funds therefore, and providing an effective date (File 2675 - Interlocal Agreement for Furniture with Denton County, contract awarded to McK~nney Office Supply ~n the amount of $31,428 81) 23 Consider adoption of an ordinance of the C~ty of Denton, Texas, authorizing an A~rport ProJect Partm~pat~on Agreement between the C~ty of Denton and the State of Texas, acting through the Texas Department of Transportation to prowde for financml assistance to the Denton Mun~mpal A~rport for deslgn/eng~neenng costs, authorizing the expenditure of funds therefor, and prowd~ng an effective date 24 Consider approval of a resolutton allowing Metzlers Food and Beverage to be the sole participant allowed to sell alcohohc beverages at the C~nco de Mayo Celebration on May 5, 2001, upon certmn conditions, authorizing the C~ty Manager or h~s designee to execute an agreement ~n conformity w~th th~s resolution, and prowd~ng for an effective date 25 Consider approval of a resolution of the C~ty of Denton, Texas supporting the H~stonc Homeownersh~p Assistance Act and urging Congress and the President to enact ~t expeditiously, and prowdmg an effective date 26 Consider adoption of an ordinance authorizing the City Manager to execute a sewer main cost partm~patlon agreement between the C~ty of Denton and Denton CJW Partners for the c~ty's participation ~n the overs~z~ng of sewer main and in accordance w~th the terms and conditions of th~s ordinance, authorizing the expenditure of funds therefor, and prowdlng an effective date C~ty of DeNton C~ty Council Agenda May 1, 2001 Page 4 27 Consider adoption of an ordinance authorizing the C~ty Manager to execute a water main cost participation agreement between the City of Denton and Denton CJW Partners for the c~ty's participation m the overslzmg of water mains and m accordance with the terms and condmons of this ordinance, authorizing the expenditure of funds therefor, and prowdmg an effective date 28 Consider adoption of an ordinance of the C~ty of Denton, Texas authorizing the City Manager to execute a first amended professional services agreement wth EMCON for completion of construction quahty assurance and constructmn management tasks for City of Denton Landfill Cells 2A and 2B, authorizing the expenditure of funds therefor, and prowd~ng an effective date 29 Th~s item has been pulled from consideration PUBLIC HEARINGS 30 Hold a pubh¢ hearing to receive citizen comments regarding cable telewsion rates 31 Hold a pubhc hearing and consider adoption of an ordinance granting approval of a subsurface use of a portion of the Denton Branch Rail/Trail approximately 1,850 feet south of Corinth Loop road at milepost 728 for the installation of a wastewater sewer line ~n accordance with Chapter 26 of the Texas Parks and Wildlife Code, providing for the issuance of an easement and providing an effective date 32 Hold the second of two public hearings regarding the involuntary annexation and service plan for approximately 122 acres of land in the western section of the C~ty of Denton Extratemtonal Jurisdiction (ETJ) The site is generally located along Masch Branch Road south of Hampton Road north of Highway 380 (A-Ol-O004, Masch Branch Road) 33 Hold the first of two pubhe heanngs regarding a proposed voluntary annexation and service plan for approximately 77 5 acre tract of land located north of Loop 288, east of Stuart Road and west of Sherman Drive m the extraterritorial jurisdiction of the City of Denton, Texas (A-Oi-O001, Denton 1SD) 34 Hold a pubhc hearing and consider adoption of an ordinance amending the Concept Plan and Detmled Plan for approximately 428 acres located m the Planned Development 132 (PD-132) zomng district, commonly known as The Preserve at Pecan Creek The property is generally located northeast of the intersection of Interstate 35E and Lakevlew Boulevard and east of Swisher Road The intent is to modify the scope and phasing of transportation ~mprovements assocmted with The Preserve at Pecan Creek development The Planning and Zomng Commission recommends approval (7-0) with conditions (Z- 01-0003, Preserve at Pecan Creek) 35 Hold a pubhc heanng and consider adoption of an ordinance approving a Zoning Plan at 801 Sherman Drive from a Single Family (SF-7) zoning district to a Planned Development (PD) zoning d~stnct The 0 6 acre property is generally located on the west s~de of Sherman Drive, approximately ¼ mile north of Bell Avenue A convemence store w~th gasohne sales ~s proposed At the March 28, 2001 P&Z meeting, a motion to deny City of Der~ton City Council Agenda May 1, 2001 Page 5 fmled (3-4), the motion to continue the case to April 11, 2001 was approved (6-1) The Planning and Zoning Commission's motion to approve failed (2-5) on April 11, 2001 Therefore, no recommendation was made by the Planning and Zoning Commlslson (ZP- 01-0002, Sherman Shell) 36 Hold a public hearing and consider adoption of an ordinance approving a Zomng Plan at 3502 E McKlnney Street from an Agriculture (A) zoning dlstrtct to a multi-family conditioned (MR-1 [c]) zomng district The 22 0 acre property is generally located on the south side of McKlnney, less than 1000' west of Loop 288 A multi-family complex is proposed The Planning and Zoning Commission recommends approval (5-2) with conditions (ZP-O I-O003, Knollwood Villas) ITEMS FOR INDIVIDUAL CONSIDERATION 37 Consider approval of a resolution of the C~ty of Denton, Texas, authonzxng the City Manager to participate with the City of Ft Worth in the development and submission of a grant apphcat~on under the United States Department of Housing and Urban Development Lead-Based Pmnt Hazard Control grant program, estabhsh~ng objectives and projected use of funds with appropriate cemficat~ons, as authorized and reqmred by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended and all other apphcable laws, providing for an effective date 38 Consider approval ota resolution approwng a ProJect Plan for 3 086 acres, in a Commercial conditioned (C[c]) zoning district, located at the southeast comer of Pockms Page Road and 1-35E Service Road An auto dealership is proposed (SP-OI-O05, House Smart Addttton) 39 Consider approval of a resolution of the City Council of the City of Denton, Texas, amending the policy for tax abatement for the City of Denton to establish gmdehnes and cnterm governing tax abatement agreements to allow wmver of the five million dollar threshold and the maxtmum tax abatement percentage, to define professional positions, to make other changes as set forth ~n the amended pohcy, and declaring an effective date 40 Consider approval of a resolution to declare the intent to reimburse expenditures from the net contributed capital of the Water Fund with Revenue Bonds so that the Lake Ray Roberts Water Treatment Plant may be commenced, and prowde an effective date 41 Consider adoption of an ordinance accepting competitive b~ds and awarding a contract for the construction of the Lake Ray Roberts 20 mgd Water Treatment Plant, providing for the expen&ture of funds therefore, and providing an effective date (Bid 2612 awarded- total expenditure $35,895,257 00) 42 Consider approval of a resolution accepting the resignation of Howard Martin and appointing Timothy S Fisher as the Cxty's representative to serve as a member of the Board of Directors of the Upper Trinity Regional Water District, and providing an effective date City of Der~ton Clty CoBncll Agenda May 1, 2001 Page 6 43 Consider adoption of an ordinance amending Ordinance 94-183, and Section 2-29 of the C~ty of Denton Code relating to rules of procedure for the C~ty Council of the C~ty of Denton, and all amending ordinances, and repealing and consohdatlng ordinances 76-48, 81-35, 90-026, 90-150, 92-115, 93-073, 94-183, 96-045, 96-057, 96-085, 96-257, 98-246, 98-325, 98-415, 99-028, and 2000-420 44 Consider appointments to the Racml Profihng Task Force 45 Consider nominations and appointments to the City's Boards and Commiss~ons 46 New Business This ~tem prowdes a section for Council Members to suggest ~tems for future agendas 47 Items from the City Manager A Notification of upcoming meetings and/or conferences B Clarification of items on the agenda 48 Possible Continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 49 Official Action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetmgs Act CERTIFICATE I certify that the above notice of~a~e,e~Ing was po~e~d.o..n ~e bulletin board at the C~ty~ Hall of the City of,~atton, Texas, onthe c~'/OL .day of~ ,2001 at ~-~)(_.) o'clock (a m~..~p~) (] 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 INTERPRETERCAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE AGENDA INFORMATION SHEET Oate \ 0 __ AGENDA DATE. May 1,2001 DEPARTMENT City Manager's Office CM' Howard Martin, Interim City Manager, 349-8307 SUBJECT Consider a request for an Exception to the Noise Ordinance for a Cmco de Mayo event hosted by Canales Productmn at North Texas Fairgrounds on Sunday, May 6, 2001 from Noon to 9 30 p m BACKGROUND Mr Carlos Canales of Canales Productions is requesting an exception to the noise ordinance for a Cmco de Mayo event The event wdl include a rodeo, entertmnment, and a hve band at the North Texas State Fmrgrounds on May 6 The orgamzation is requesting an exception to the noise ordinance for Sunday, May 6 from Noon until 9 30 pm Canales Productions hosted this event on May 7, 2000, at the North Texas State Fairgrounds, pohce records ~ndlcate several calls were received (Pohce call log attached) The event staffcomphed w~th the police Calls were also placed into the City Manager's Office The main source of the noise w~ll come from the use of amplified sound for the purpose of making announcements in conjunction w~th the rodeo events and musical entertmnment As you know, the no~se ordinance declares loudspeakers, amplifiers, and musical ~nstnanents a no~se nuisance, particularly after 10 00 p m Monday through Saturday and anytime on Sunday (Attachment 2) The ordinance does, however, provide that the C~ty Council may make exceptions when the public interest is served The organizers have been informed that should Council approve th~s request, responsible use of the amplified sound is still reqmred by Section 20-1 of the City of Denton Code of Ordinances In particular, Section 20-1 (a) states It shall be unlawful for any person to make or cause any unreasonably loud, disturbing, unnecessary noise which causes or may cause material distress, d~scomfort or injury to persoas of ordinary sensibilities in the immedmte vlcimty thereof Dentor~ Ctnco de Mayo May 1, 2001 Page 2 Options 1 Grant a Nmse Exception 2 Nmse Exception can be demed PRIOR ACTION/REVIEW (Councfi~ Boards~ Commissions) The C~ty Councd approved an exception to nmse exceptmn on Aprd 18, 2000 for an event on May 7, 2000 FISCAL INFORMATION None Respectfully submitted getty ~flha-ms D~rector, Management and Pubhc Informat~on Prepared by Rodn~ey tchel]/~~ Management Assistant Attachments 1 Request from Mr Carlos Canales 2 Map 3 Pohce Call log 4 No~se ordinance 2 April 1~, ~001 RE: Request for Exception to Denton Sound Ordinance Hon Mayor and Cat,/Council City of DentoIl C~t~ Hall Denton, Texas This is a formal request from Canales Productions for an exception to the Denton Sound Ordwn-ce on May 6, 2001, at the North Texas State Fatr Grounds. Canales Produotwns plans to produce a Cmco de Mayo event again as was done last year at tins time A PA system will be m use from Noon untd 9 30 PM There wdl be a rodeo from approximately I 00 PM unhl 3 00 PM, voth a PA system and a band playing At approxtmately 3 00 PM, musical entertainment will begin and bands will play until 9 30PM The pubhc wtll vacate the prermses by 10 00 PM Please set this matter down for a hearing as soon as possible If we can fUlmsh more mformahon, please call on us Ve~ Truly Yours, Carlos C?~s ~ DCAD CALL SUMMARY REPORT AS of 04/23/01 at 14.22 Call- 00036055 Pol Fire Amb 0thr Loc N CARROLL BLVD / W SHERMAN DR Grid 520 210 210 A638 District: 104 I 1 DENTON Agency P F A CmdArea A B B Type. DISTURBANCE MUSIC/PARTY Priority 2 Name ALRUWAILI,CAROL Date/Time. 05/07/00 14:35 Addr: 520 STRATA Call Source- P DENTON, TX 76201 Received By BHOBO Home 940-484-6371 Work Actual Type Disposition F Remarks by BHOBO at 05/07/00 14:35 loud~usic from fairgrounds .... several (5 complaints in last 5 minutes as far away as Bowling Green) Remarks by BHOBO at 05/07/00 14:40 additional complainant. Linda Krauser 2403 Denison 565-1001 Remarks by BHOB0 at 05/07/00 14.42 additional comp. brett martin 2217 Denison 940-387-8205 Remarks by BHOBO at 05/07/00 14:44 additional complainant- bruce patera 2208 Denison 380-1036 Remarks by MOBIL at 05/07/00 14.57 contacted lx65 - he will have sound man turn bass down Remarks by BHOBO at 05/07/00 15.01 female by the last name of Kraus (565-1001) wanted the city manager's office number in order to, complain about the ~usic and how it is disturbing her peace caller was advised that an officer was enroute out there to Remarks by BHOBO at 05/07/00 15:02 talk with the people in charge to see about getting the music turned down Caller wanted to know about why they were allowed to play music on a Sunday, and was advised that they may have, had a noise exception permit, however Remarks by BHOBO at 05/07/00 15503 dRe to the number of complaints, the officer respondi~g could have the band turn the music dowrl Caller was very upset about the music, and how it was disturbing her sunday Unit Personnel Disp Entre Arriv Clear Qtrs Agy-No 1X40 183 KEY, RACHEL 14 38 14 39 14'51 14 57 U .D CAD CALL SUMMARY REPORT ~ . AS of 04/23/01 at 14.22 Call: 00036066 Pol Fire Amb Othr Loc: 2403 DBNISON ST Grid 520 220 220 A696 District- 104 5 5 DENTON Agency: P F A FAIN / HE~DLEE Cmd Area: A B B Type: DISTURBANCE MUSIC/PARTY Priority: 2 Name: KRAUSER,LINDA Date/Time. 05/07/00 15:10 ~dr: 2403 DBNI~ON ST Call Source P DENTON, TX76201 Received By SJGAN Home. 940-565-1001 Work. Actual Type: Disposition: CL Remarks by SJ.GA~ at 05/07/00 15.10 LOUD NO~S~, IN THE FAIRGROUND AR~A Unit ' ' ' . Personnel Disp Entre Arriv Clear Qtrs u D C AD CALL SUMMARY R E P O RT u u As of 04/23/01 at 14:23 u Call: 00036088 Pol Fire Amb Othr Loc. 2216 DEN~SON ST Grid. 520 210 210 C696 District: 104 I 1 DENTON Agency: P F A ROSS / FAIN Cmd Area A B B Type: DISTURBANCE MUSIC/PARTY Priority 2 Name' MARTIN,BRETT Date/Time: 05/07/00 16.28 Addr 2216 DEN~SON ST Call Source. P D~NTON, TX 76201 Received By SJGAN Home. 940-387-8205 Work. Actual Type Disposition: CL Remarks by SJGAN at 05/07/00 16:28 loud music from fairgrounds Unit Personnel Disp Enrte Arriv Clear Qtrs Agy-No 8 Chapter 20 NUISANCES* Art I In General, §§ 20-I~20-$0 Art II. Abandoned Property, §§ 20-31--20-70 Div 1 Generally, §§ 20-31--20-40 Div 2 Motor Vehicles, §§ 20-41--20-70 Art III Grass and Weeds, §§ 20-71~20-73 ARTICLE I. IN GENERAL Sec 20-1. Noise (a) It shall be unlawful for any person to make or cause any unreasonably loud, disturbing, unnecessary noise wluch causes or may cause material distress, d~scomfort or lr0ury to persons of ordinary sensibilities ~n the immediate vicinity thereof (b) It shall be unlawful for any person to make or cause any noise of such character, intensity and continued duration as to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary senslbd~t~es (c) The following acts, among others, are declared to be noise nuisances m violation ofth~s Code, but such enumeration shall not be deemed to be exclusive (1) The playing of any phonograph, television, radio or any musical instrument In such manner or with such volume, particularly between the hours of 10 00 p m and 7 00 a m, as to annoy or disturb the quiet, comfort or repose of persons of ordinary sensibilities In any dwelling, hotel or other type or residence, (2) The use of any stationary loudspeaker, amphfier or musical ~nstrument in such manner or w~th such volume as to annoy or d~sturb persons of ordinary sensibilities in the immediate vicinity thereof, particularly between the hours of 10 00 p m and 7 00 a m, or the operation of such loudspeaker, amplifier or musical instrument at any time on Sunday, provided, however, that the c~ty council may make exceptions upon apphcation when the public interest wdl be served thereby, (3) The blowing of any steam whistle attached to any stationary bo~ler or the blowing of any other loud or far-reachmg steam whistle within the city limits, except to g~ve not~ce of the t~me to beg~n or stop work or as a warning of danger, (4) The erection, excavation, demolition, alteration, or repair work on any building at anytime other than between the hours of 6 00 a m and 8 30 p m Monday through Friday from June 1 to September 30, between 7 00 a m and 8 30 p m Monday through Friday from October 1 to May 31, between 8 00 a m end 8 30 p m on *Cross references--Protected m~gratory bird roosts declared nuisance, § 6-87, Inspec- tion and abatement warrants, § 19-86 et seq, insect and rodent control in mobile home and recreational vehicle parks, § 32-91 Supp No 6 1389 9 § 20-1 DENTON CODE Saturday, and between 1 00 p m and 8 30 p m on Sunday, provided, however that the c~ty council may msue special permits for such work at other hours ~n case of urgent , necesmty and m the interest ofpubhc safety and convemence (5) The creatmn of any loud and excessive nome ~n connectmn w~th the load~ng or unloading of any vehicle or the opening or destruction of bales, boxes, crates or containers, (6) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creatmn of homes to any performance, show, theatre, morton p~cture house, sale of merchandise or display which causes crowds or people to block or congregate upon the mdewalks or streets near or adlacent thereto (Code 1966, §§ 14-20, 14-21, Ord No 95-184, § I, 9-12-95) Cross reference--Ammal nome, § 6-26 Sec 20-2. Odors. (a) It shall be unlawful for any person to create or cause any unreasonably noxmus, unpleasant or strong odor which causes material dmtress, d~scomfort or injury to persons of ordinary sens~biht~es m the unmedmte v~cm~ty thereof (b) It shall be unlawful for any person to create or cause any odor, stench or smell of such character, strength or cant~nued duration as to substantially interfere w~th the comfortable enjoyment of private homes by persons of ordinary sens~bd~t~es (c) The following acts or conditions, among others, are declared to be odor nmsances ~n v~olat~en of this Code, but such enumeratmn shall not be deemed to be exclusive (1) Offenmve odors from cow lots, hog pens, fowl coops and other s~mllar places where ammals are kept or fed which dmturb the comfort and repose of persons of ordinary senslblhtles, (2) Offenmve odors from pr~wes and other mmdar places, (3) Offensive odors from the use or possesman of chermcals or from mdust~al processes or activities winch dmturb the comfort and repose of persons of ordinary sens~bd~tms, (4) Offensive odors from smoke from the burmng of trash, rubbish, rubber, chemicals or other things or substances, (5) Offensive odors from stagnant pools allowed to remain on any premises or from rotting garbage, refuse, offal or dead ammals on any premises (Code 1966, §§ 14-22, 14-23) Sec. 20-3. Garbage, trash and rubbmh nmannces=-Generally. (a) Storing or keeping garbage, trash and rubbish The storing or keeping of any and all stacks, heaps or pdes of old lumber, refuse, junk, old cars or machinery or parts thereof, garbage, trash, rubbish, scrap materml, ruins, demolished or partly demohshed structures or bmldmgs, pales of stones, br~cks or broken rocks on any preunses bordenng any public street Supp NO 6 1390 10 AGENDA INFORMATION SHEET AGENDA DATE' May 1, 2001 DEPARTMENT. City Manager's Office CM Howard Martin, Interim City Manager, 349-8307 SUBJECT Consider a request for an exception to the noise ordinance for a Campaign and Birthday Party on Reed and McDonald Streets (between 1004 Reed and 1212 McDonald) on Saturday, May 5, 2001, until Midnight BACKGROUND Mrs Jackle Sasser of the Larry Sasser Campaign has requested that the City Council grant an exception to the noise ordinance on Saturday, May 5, 2001 for a party celebrating a birthday and election day The party is scheduled from 8 00 p m until Midnight and will take place in the streets of Reed and McDonald between 1004 Reed and 1212 McDonald The party will be attended by neighbors, family and friends A disc jockey will provide music entertainment As you know, the noise ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance, particularly after 10 00 p m Monday through Saturday and anytime on Sunday (Attachment 3) The ordinance does, however, provide that the City Council may make exceptions when the public interest is served The organizers have been informed that should Council approve this request, responsible use of the amplified sound is still required by Section 20-1 of the City of Denton Code of Ordinances In partmular, Section 20-1 (a) states It shall be unlawful for any person to make or cause any unreasonably loud, disturbing, unnecessary noise which causes or may cause material distress, discomfort or injury to persons of ordinary sensiblhties in the immediate vicinity thereof Options 1 Grant a Noise Exception 2 Noise Exception can be denied Sasser Noise Exception May 1, 2001 Page 2 PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION None Respectfully submitted B e~ty Wflhams Director, Management and Public InformaUon Prepared by Rodn rS y t chell Management Assistant Attachments 1 Request from Jackle Sasser 2 Map 3 Noise ordinance 2 Chapter 20 NUISANCES* Art I In General, §§ 20-1--20.30 Art II Abandoned Property, §§ 20-31--20-70 Dlv 1 Generally, §9 20-31--20-40 Dlv 2 Motor Vehicles, 9§ 20-41--20-70 Art. III Grass and Weeds, §§ 20-71--20-73 ARTICLE I IN GENERAL Sec 20-1. No~se (a) It shall be unlawful for any person to make or cause any unreasonably loud, d~sturbmg, unnecessary noise wluch causes or may cause mater~al d~stress, discomfort or m. lury to persons of ordinary sens~bdltles ~n the lmmedmte wc~mty thereof (b) It shall be unlawful for any person to make or cause any no~se of such character, intensity and continued duration as to substantially Interfere w~th the comfortable enjoyment of private homes by persons of ordinary senslbdltles (c) The following acts, among others, are declared to be noise numances m violation of this Code, but such enumeration shall not be deemed to be exclusive (1) The playing of any phonograph, television, radio or any musical instrument In such manner or with such volume, particularly between the hours of 10 00 p m and 7 00 a m, as to annoy or disturb the quiet, comfort or repose of persons of ordinary sens~bd~t~es in any dwelling, hotel or other type or residence, (2) The use of any statmnary loudspeaker, amplifier or musical instrument m such manner or w~th such volume as to annoy or d~sturb persons of ordinary sens~bd~t~es m the ~mmedlate vicinity thereof, particularly between the hours of 10 00 p m and 7 00 a m, or the operatmn of such loudspeaker, amplifier or musical instrument at any time on Sunday, provided, however, that the city councd may make exceptions upon apphcatlon when the public interest will be served thereby, (3) The blowing of any steam whistle attached te any stationary bo~ler or the blowing of any other loud or far-reaching steam whistle within the c~ty hmlts, except to g~ve notice of the time to beg~n or stop work or as a warning of danger, (4) The erection, excavation, demolition, alteration, or repair work on any braiding at anytime other than between the hours of O 00 a m and 8 30 p m Monday through Friday from June 1 to September 30, between 7 00 a m and 8 30 p m Monday through Friday from October 1 to May 31, between 8 00 a m and 8 30 p m on *Cross reference~--Protected migratory bird roosts declared nuisance, § 6-87, mspec- t~on and abatement warrants, § 19-86 et seq, Insect and rodent control m mobile home and recreational vehicle parks, § 32-91 Supp No 6 1389 9 20-1 DENTON CODE Saturday, and ben, ween 1 00 p m and 8 30 p m on Sunday, prov~dod, however that the aty council may msue special permits for such work at other hours m case of urgent necessity and m the mtorest ofpubhc safety and convemence (5) The creation of any loud and excessive noise m connection with the loading or unloading of any vehicle or the opening or destruction of bales, boxes, crates or (6) The use of any drum, loudspeaker or other instrument or dewce for the purpose of attracting attontlon by the creation of noises to any performance, show, theatre, motwn picture house, sale of merchandise or display which causes crowds or peop]e to block or congregate upon the sidewalks or streets near or adjacent thereto {Code 1966, 99 14-20, 14-21, Ord No 95-184, 9 I, 9-12-95) Cross reference--Ammal noise, 9 6-26 Sec 20-2. Odors (a) It shall be unlawful for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes material dmtress, ~hscomfort or injury to persons of ordinary senslbfl~hes m the immediate wcm~ty thereof (b) It shah be unlawful for any person to create or cause any odor, stench or smell of such character, strength or continued duratwn as to substantm]]y interfere w~th the comfortable enjoyment of private homes by persons of ordinary sensibilities (c) The following acts or conditions, among others, are declared to be odor nuisances ~n v~olahon of this Code, but such enumeration shall not be deemed to be exclusive (1) Offensive odors from cow lots, hog pens, fowl coops and other s~mflar places where animals are kept or fed which d~sturb the comfort and repose of persons of ordinary senslbdltles, (2) Offensive odors from pnwes and other s~mdar places, (3) Offensive odors from the use or possession of chemicals or from industrial processes or act~vltms winch disturb the comfort and repose of persons of ordinary sens~bfiltms, (4) Offensive odors from smoke from the burning of trash, rubbmh, rubber~ chemicals or other things or substances, (5) Offensive odors from stagnant pools allowed to remain on any premises or from rotting garbage, refuse, off`a] or dead ammals on any premises {Code 1966, §§ 14-22, 14-23) Sec 20-3 Garbage, trash and rubbish nuisances--Generally (a) Storing or keeping garbage, trash and rubbish The storing or keeping of any and all stacks, heaps or pries of old lumber, refuse, junk, old cars or machinery or parts thereof, garbage, trash, rubbish, scrap material, ruins, demolished or partly demohshed structures or buildings, plies of stones, br~cks or broken rocks on any premises bordering any pubhc street Supp No 6 1390 6 AGENDA INFORMATION SHEET AGENDA DATE' May 1, 2001 DEPARTMENT: Tax Fiscal and Municipal Services ~ ACM' Kathy DuBose, SUBJECT Consider approval of a tax refund to Johnme L S~mon ~n the amount of $599 11 The 2000 property tax was prod twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the govemtng body of the taxmg umt for refunds m excess of $500 00 Two checks for $599 11 were received for payment on Mr S~mon's property, resulting ~n an overpayment of $599 11 by the homeowner All documentation necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $599 11 EXHIBITS Apphcat~on for Refund Respectfully submitted Dmna Ort~z D~rector of F~scal Operations APPLICATION FOR TA~ REFUND Collecting office name Collecting tax for (taxing units) CITY OF DENTON TAX OFFICE CITY OF DENTON =resent mailing address tnumber and Street) i0t E HICKORY SUITE F .~lty, town or post office, ~tate, ZIP code Phone (area code and number) :)ENTON, TX 76205 (940) 349-8318 Fo apply for a tax refund~the taxpayer must complete the following uwner'a ~ame Step 1 SIMON, JOHNNIE L & EMMA L Presant Ma~lmg Address (number and street) 3wner's name 1012 WYATT AVE C~ty, (own or post office, state, ZIP code Phone (area code and number) and address LAS VEGAS, NV 89106-2447 702-648-1603 i Step 2 Legal description (or attach copy of the tax b~ll or tax receipt) :~escnbe WESTGATE HILLS NORTH PH 3, BLOCK B, LOT 13 :he property Address or Iocehon of property 2509 COFFEY DR Account number of property Tax receipt number ~ OR 4030184 Name of Taxing Year Date Amount Amount Umt From Which For Which Refund Of The Of Of Tax Refund Refund IS Required Is Requested Tax Pa~'ment Taxes Pa~d Requested Step 3 1 City ef Denton 2000 12/29/00 $ 599 11 Dive the tax 2 City ~f Denton 2000 1/3/01 $ 599 11 $ 599 11 ' 3ayment 3 nformat~on 4 5 Taxpayer's reason for refund ( attach supporting documentation) TWO PAYMENTS FOR ~699 1'1 WERE RECEIVED FOR THE 2000 PROPERTY TAX, RESULTING IN AN OVERPAYMENT BY THE HOMEOWNER *1 hereby apply for the refund of the above-descnbed taxes and certify that the ~nformatlon I have given on this Step 4 form ~lgnatur. e, __ 0 L)ate o! application ror tax rerun(I Is true and correct to the best of m~/knowledge and behef * Any person who m~es a false entry upon the foregoing record shall be subject to one of the fotlow,ng penalties 1 Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both such fine and ~mprisonment, 2 Confinement ,n ja~l for a term up to I year or a fine to exceed $2,000 or both such tine a~nd impnsonment as set forth in Section 37 10, Penal Code . ~ AGENDA DATE: May 1, 2001 DEPARTMENT: Tax ACM: Kathy DuBose, Fiscal and Mumclpal Services ~ SUBJECT Consider approval of a tax refund to Lympens Kozms in the amount of $726 66 The 2000 property tax was paid twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing umt for refunds in excess of $500 00 The homeowner paid the 2000 property tax before the mortgage company, resulting in an overpayment of $726 66 All documentation necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $726 66 EXHIBITS Application for Refund Respectfully submitted bi~a Omz Director of Fiscal Operations REFUND 3,ollecting office name :' OFDENTONT XOFF,CE MAR 2 9 2001 Collecting tax for (taxing units) CITY OF DENTON =resent mailing address tnumber and street) 501 E HICKORY SUITE F 31ty, town or post office, State, ZIP code Phone (area code and number) :~ENTON, TX 76206 (940) 349-8318 FAX (940) 349-72tl To apply for a tax refundqthe taxpa~/er must complete the following uwnar$ Name Step I LYMPERIS P KOZIRIS Present Mailing Address (number and street) Owner's name 1904 LA VISTA CT City, town or post office, state, ZIP code Phone (area code and number) and address DENTON TX 76208-7526 Step 2 Legal,descnption (or attach copy of the tax bdl or tax receipt) Descnbe BEVERLY PARK ESTATES PH ONE BLOCK B, LOT 5 the property Address or location of property 1904 LA VISTA CT Account number of property Tax receipt number 2014~6 OR 0006061029 Name of Taxing Year Date Amount Amount Unit From Which For Which Refund Of The Of Of Tax Refund Refund is Required Is Requested Tax Payment Taxes Prod Requested Step 3 Clt7 of Denton 2000 12/29/00 $ 726 66 Give the tax Clt7 of Denton 2000 1/31/01 $ 726 66 $ 726 66 payment Informat~on Taxpayer's reason for refund ( attach supporting documentation) * 2000 TAX WA8 PAID TWICE {FIRST PAYMENT WAS FROM NORWEST ELECTRONIC TAX SERVICEI · 1 hereby apply for the refund of the above-descnbed taxes and certify that the ~nformatlon I have g~ven on this Step 4 form ~ true and correct to the best of my knowledge and behef * Sign the form here s,gn ~ ~lgn~__.~"-~ L.~ate ot appucatlon tot tax retun~ Any person who makes a false entry upon the foregoing record shall be subject to one of the following penalbes 1 Impnsonment of not more that the 10 years nor less than 2 years and/or a fine of not more then $5,000 or both such fine and imprisonment, 2 Confinement ~n jad for a term up to 1 year or a fine to exceed $2,000 or both such fine and impnsonment as set forth in Section 37 10, Penal Code ~ 2 AGENDA DATE: May 1, 2001 DEPARTMENT: Tax Fiscal and Municipal Services ~ ACM: Kathy DuBose, SUBJECT Consider approval of a tax refund to Centex Homes in the amount of $2,776 38 The 2000 property tax was prod twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500 00 Two payments for account #038039 were received on January 5, 2001 and January 31, 2001, resulting m an overpayment of $2,776 38 All documentation necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $2,776 38 EXHIBITS Application for Refund Respectfully submitted Diana Ortiz Director of Fiscal Operations APPLICATION FOR TAT REFUND .................... ~ ........ Collecting tax for (taxing units) ,~Ollecting office name =,TY OF DE.TO. TAX FF,C. UAE 9 C,TY OF DE.TO. =resent mailing address (number and street) ~0t E HICKORY SUITE F 2,ity, town or post office, ~tate, ZIP code Phone (area code and number) BENTON, TX 76205 (940) 349-83'18 FAX (940) 349-7211 To apply for a tax refund~the taxpayer must complete the following Step 1 ;ENTEX HOMES P/S Present Malhng Address (number and street) Owner's name Z800 SURVEYOR BLVD City, town or post office, state, ZIP code Phone (area code and number) and address 3ARROLLTON TX 75006-5144 Step 2 Legal description (or attach copy of the tax bill or tax receipt) Describe A1085A J ROGERS, TRACT 1, ACRES 29 1333 the property Address or location of property N/A Account number of property Tax receipt number 038039 OR 0005061 '190 I~ama of Taxing Year Date Amount Amount Umt From Which For Which Refund Of The Of Of Tax Refund Refund is Required Is Requested Tax Payment Taxes Prod Requested ~tep 3 1 Cl[7 of Denton 2000 1/5/01 $ 2,776 38 S~vethetax 2 CKT of Denton 2000 1131101 $ 277638 $ ~ayment 3 information 4 5 Taxpayer's reason for refund ( attach supporting documentation) * 2000 TAX WAS PAID TWICE FIRST, PAYMENT WAS CHECK #'100009~ SECOND CHECK WAS #224040) · 1 hereby apply for the refund of the above-descnbed taxes and certify that the mformat~on I have given on th~s Step 4 form ia true and correct to the best of m}' knowledge and behef * ' ~.'.'.'.'.'.'.'.'.~nature Date o! application tor tax reruncl Sign the form ~i~ p~~ f~l, e e r subject to one of the following penalbes 1 imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both such fine and ~mprisonment, 2 Confinement ~n jml for a term up to 1 year or a fine to exceed $2,000 or both such fine and imprisonment as set forth m Section 37 10, Penal Code 2 AGENDA INFORMATION SHEET AGENDA DATE' May 1, 2001 DEPARTMENT: Tax Fiscal and Municipal Services ACM: Kathy DuBose, SUBJECT Consider approval of a tax refund to Extraeo Mortgage in the amount of $812 70 The 2000 property tax was p0ad twine BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the governing body of the taxing unit for refunds m excess of $500 00 Mr Krantz erroneously prod bas 2000 property taxes, resulting m an overpayment of $812 70 Mr Krantz has requested the City of Denton Tax Department to return bas refund to Extraco Mortgage so the refund can be apphed to his escrow account All doeumentatmn neeassary for refund ~s attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $812 70 EXHIBITS Apphcat~on for Refund Respectfully submitted Diana OrtlZ D~rector of Fiscal Operations SENT BY CORP , 4-11- I ,11 46AM , EXTRACO MORTGAGE~ ~40 340 7211,# 2 APPUCATION FOR TAX REI'UNI~ C-~L,~_.!hg ta~ ';or (laxlno unit,,) Coffee,lng omoe name ~ITY OF DENTON :ITY OF DENTON TAX OFFICE ,,,,~ .... ~reeent malllflg a(Rlfsa$ (number a~ ~W t~n o~ post ~. elate, ;IP ~m F~Ra (ama ~ and numbeO TO app ~ u~er. marne~ St~ 1 ~RK ~ & TERRY K~ PAID BY ~T~CO MTQ present Maillng ~d~s (numar end e~eet) 3~e~s name P O BOX 21717 C~y, t~n or p~t o~, state, ZIP ~de ~ho,,~ (ama ~e and number) and a6~.~ WACO, ~ 76702-1717 90~7~8~ ~ 2 L~I das~ptim (m ~ch copy of t~ ~x bill or ~x re~ipt) Oes~ ~ENTO~8~ ~LO~K 1~ LOT 19 ~e pro~y ~d~ or Io~flon of ~ OAKHURS~, A~u~ num~ of pro~ T~ r~lpt number OR 00042201~ 1~26 Unit From ~1~ F~ ~l~ Re.nd Of ~e Of ~ T~ Re.nd Ream · R~ulmd Is ~e~'J~ Tax Payment Taxes Paid Reqm~ted Glve~e~x Z C~of~li~ 2~ 011~1 $ 81270 $ 81270 my~t nfo~ation 4 5 T~aye~s ~aaon for ;e~nd ( at~ ~u~o~ng doGu~n~on) ~E HOMEOWNERS ERRNE~BLY PAID rile ~00 p~Cr ~..~y T~ ~LTiHG iN AH OVERPAYMENT HOMEOWNERS WOULD LI~ THE ~FUND APPLII '1 hereby a~ly ~ ~e m~nd ~ the a~e~d ~xea and ~rll~ ~at the Inf~tlo~ I ~ve given on ~~all ~e subject toone of the ~llowing penalties I im~lson~nt d not ~re t~t the 10 yearn ~r lees than 2 Years and/or e fine °f n°t re°re than $6'°~ °r b°th eu~ fl~ and impfls~ment, 2 Conflne~nt in jail for a te~ up to 1 y~r or · ~ne to ex.ed ~,000 or ~ AGENDA INFORMATION SHEET AGENDA DATE: May 1, 2001 DEPARTMENT: Tax ACM Kathy DuBose, Fiscal and Mumcipal Servlceg'~ SUBJECT Consider approval of a tax refund to Dawd Coulter and Shelley Cushman ~n thc amount of $805 00 The 1999 property tax was paid twine BACKGROUND Chapter 31 11 of the Texas Property Tax Code mqmres the approval of the governing body of the taxing unit for refunds m excess of $500 00 The homeowners were unaware that the 1999 property taxes were paid January 4, 2000 and submitted another payment on January 19, 2000 The second payment, ~n the amount of $805 00, resulted in an overpayment All documentation necessary for refund m attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $805 00 EXHIBITS Apphcatmn for Refund Respectfully submitted l~ana Omz D~rector of F~scal Operations APPLICATION FOR TAX REFUND Collecting office name I Collecting tax for (taxing units) CITY OF DENTON TAX OFFICE C TY OF DENTON Present mailing address (r~Umber and street) E DENTON, TX 76205 (940) 349-83'18 ro apply for a tax refund, ~he taxpa;/er must complete the following uwners Hame Step 1 DAVID,,GU6NMAN, ~ Preseht Mailing Address (number and street) Dwner's name 2402 GLENWOOD LN City, town or.~4,~,~post office, state, ZIP code Phone (area code and number) and address DENTON, TX 76201-1124 Step 2 Legal ~descrlptlon (or attach copy of the tax bill or tax receipt) Describe 3RENTWOOD, BLOCK O~ LOT 1 (E PT), 2, 3 (ALL) (INCL BLK P LOT) lhe properly Address or location of property 2402 GLENWOOD LN Account number of property Tax receipt number 22613 OR 9904190147 N'~me of Taxing Year Date Amount Amount Ur~lt· From Which For Which Refund Of The Of Of Tax Refund RefUnd Is Reclulred Is Requested Tax Payment Taxes Pa~d Requested Step 3 Clt~ Of Denton 1999 1/4/00 $ 805 00 Give the tax ! CIt~ of Denton 1999 1/19/00 $ 805 00 $ 805 00 payment information 4 Taxpayer's reason for refund ( attach supporting documentation) '1999 tax was paid twice *1 hereby apply for the refund of the ebove-descnbed taxes and certify that the informat~on I have g~ven on Step 4 this ferm Is true and correct to the best of m~/knowledge and belief * ! ~~~ u ate et application Tot tax retund nere i,----F_ ,~'JEa~.~'J~.~. Z.,~--.~-~.--~.,~. / Any pemon who makes a~lee entry upon the foregoing record shall be subject to one of the following penalbes 1 Imprisonment of not more that the t0 years nor less than 2 years and/or a fine of not more than $5 000 or both such fine and Imprisonment, 2 Confinement in jail for a term up to 1 year or a fine to exceed $2,000 or both such 10, Penal Code AGENDA INFORMATION SHEET AGENDA DATE: May 1, 2001 DEPARTMENT: Tax ACM. Kathy DuBose, F~scal and Mumclpal Serv:ces~ SUBJECT Consider approval of a tax refund to Connie Suttle in the amount of $881 35 The 2000 property tax was prod twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of thc governing body of thc taxing unit for refunds in excess of $500 00 The 2000 property tax for Connie Suttle was paid twice Two payments were received m March for the 2000 property tax The homeowner did not want more penalty and interest to accrue on her account, therefore she paid $881 35 before her mortgage company The mortgage company prod the correct amount owing, $897 82, later that month Ensuring that her taxes were prod, the homeowner intentionally made a payment of $881 35 and caused an overpayment All documentation necessary for refund ns attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $881 35 EXHIBITS Apphcataon for Refund Respectfully submitted Director of Fiscal Operations APPLICATION FOR TAX RBFUND Collecting office name ~ Collecting tax for (taxing units) CITY OF DENTON TAX OFFICE CITY OF DENTON Present mailing address 0~umber and street) 601 E HICKORY SUITE F City, town or post office, atate, zIP code Phone (area code and number) DENTON, TX 76206 940) 349-8318 FAX (940) 349-7211 To apply for a tax refund,~the taxpayer must complete the following Step 1 CONNIE C SUTTLE Present Mailing Address (number and street) Owner's name 1995 HUNTERS POINT ~NE City town or post Office, state, ZiP ~de Phone (area code and number) and address COLORADO SPRINGS CO 80919-~62 Step 2 Legal descnptlon (or attach copy of the tax bill or tax receipt) }escnbe SOUTHRIDGE, BLOCK 19, LOT 14 :he prope~y Address or Iocatmn of prope~y 2407 SOUTHRIDGE Account number of prope~y Tax receipt number 0274~9 OR 0006130001 Name of Taxing Year Date Amount Amount Unit From ~ich For ~ich Refund Of The Of Of Tax Refund Refund Is Required Is Requested Tax Payment Taxes Prod Step 3 1 CI~ of Denton 2000 2/26/01 $ 881 35 G~ve the tax 2 CI~ of Denton 2000 3/8/01 $ 897 82 $ payment ~nformatlon Taxpayer's reason for refund ( attach suppoR~ng documentatmn) *2000 TAX WAS PAID IN F~LL ON 2126101, *1 hereby apply for the refund of the above-descnbed taxes and ~ff~ that the mformatmn I have g~ven on th~s Step 4 form is true and corre~ to the best of m~ knowledge and belief * here, Any person who makes a false ent~ upon the foregoing record shall be subject to one of the following penalties 1 Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both such~flne and ~mpnsonment, 2 Confinement ~n jml for a term up to 1 year or a fine to exceed $2,000 or both such fine ~nd imprisonment as set fo~h ~n So,ion 37 10, Penal Code AGENDA INFORMATION SHEET AGENDA DATE' May 1, 2001 DEPARTMENT: Tax Fiscal and Mumclpal Services ~ ACM' Kathy DuBose, SUBJECT Constder approval of a tax refund to Kyle & Nancy Baker m the an~ount of $941 42 The 2000 property tax was paid twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the govermng body of the taxing unit for refunds in excess of $500 00 Kyle & Nancy Baker, new homeowners, erroneously prod the property taxes after their mortgage company paid The second payment of $941 42 by the homeowners resulted in an overpayment All documentation necessary for retired is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $941 42 EXHIBITS Apphcatton for Refund Respectfully submitted Diana Ort~z Director of Ftscal Operattons APPLICATION FOR TAX REFUND Collecting office name I Collecting tax for (taxing units) CITY OF DENTON TAX (~FFICE CITY OF DENTON Present mailing address (number and street) 601 E HICKORY SUITE F City, town or post office, State, ZiP code Phone (area code and number) DENTON, TX 76205 (940) 349-83'18 I'o apply for a tax refund, the taxpayer must complete the following Step 1 BAKER,, KYLE & NANCY Present Mad~ng Address (number and street) Dwner's name 2517 POTOMAC PKWY C~ty, town or post office, state, ZIP code Phone (area code and number) and address DENTON, TX 76205-2971 c~/~) ~,~E(3 ~ ~ ~- Step 2 Legal deacnptlon (or attach copy of the tax bill or tax receipt) Descnbe 3OUTH~IDGE ESTATES PH 3, BLOCK 1, LOT 39 the property Address or Iocabon of property Z517 POTOMAC PKVVY Account number of property Tax receipt number 201082 OR 3270540 Name of Taxing Year Date Amount Amount Unit From Which For Which Refund Of The Of Of Tax Refund Refund is Re(]ulred la Re(]uested Tax Pa),ment Taxes Pa~d Requested Step 3 Clt7 pf Denton 2000 12/29/00 $ 941 42 Give the tax 2 Clt7 of Denton 2000 12/27/00 $ 941 42 $ 941 42 payment 3 ~nformat~on 4 5 Taxpayer's reason for refund ( attach supporting dcoumentat~on) TWO PAYMENTS FOR $941 42 WERE RECEIVED FOR THE 2000 PROPERTY TAX, RESULTING IN AN OVERPAYMENT BY THE HOMEOWNER *1 hereby apply for the refund of the above-descnbed taxes and certify that the ~nformat~on 1 have g~ven on th~s Step 4 form is true and correct to the best of mi/knowledge and behef * ~51gnature Date ot application tor tax retuno S~gn the form s~gnhereI ~F ~2 ~ Any person who makes a false entry upon the foregoing record shall be subject to one of the following penalties 1 Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both such fine and ~mpnsonment, 2 Confinement m jad for a term up to 1 year or a fine to exceed $2,000 or both such fine and imprisonment as set forth m Section 37 10, Penal Code 2 AGENDA INFORMATION SHEET AGENDA DATE: May 1, 2001 DEPARTMENT: Tax ACM. Kathy DuBose, Fiscal and Municipal Servlces~ SUBJECT Consider approval of a tax refund to Nell Elhott in the amount of $2,091 30 Mrs Elhott erroneously prod her Denton Co~nty and DISD taxes to the City of Danton BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds m excess of $500 00 Mrs Elhott submitted a payment for $3,136 95 for DISD, Denton County, and City of Denton taxes The City of Denton property tax was only $1,045 65, therefore, resulting In an overpayment of $2,091 30 All documentation necessary for refund ~s attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $2,091 30 EXHIBITS Application for Refund Respectfully submitted Diana Ortlz Director of Fiscal Operations APPLICATION FOR TAX REFUND ColleCting office name Collecting tax for (taxing units) =,TY OF DENTON TAX , FF=E FEB 2 ' 2001' C,TYOFDBNTON ~resent mailing address (number and street) E}01 E HICKORY SUITE F ~,lty, town or post office, ~tata, ZiP code Phons (area cede and number) BENTON, TX 76206 (940) 349-83t8 FAX (940) 340-72tt Fo apply for a tax refund, the taxpayer must complete the following · ~tep 1 NATHANIEL & NELL ELLIOTT Present Mailing Address (number and street) 3wner's name 203 ROYAL OAKS PLACE City, town or post office, state, ZiP code Phone (area code and number) and address DENTON TX 76205-5579 Step 2 Legal description (or attach copy of the tax bill or tax receipt) Descnbe ESTATES OF FORRESTRIDGE SEC 3, BLOCK C LOT 10 the property Address or location of property 203 ROYAL OAKS PLACE Account number of property Tax receipt number t 78834 OR 0003010046 Name of Taxing Year Date Amount Amount Unit From Which For VVh~ch Refund Of The Of Of Tax Refund Refund is Required Is Requested Tax Payment Taxes Prod Requested Step 3 Clt~ 9f Denton 2000 1211/00 $ 3,136 95 $ 2,091 30 Give the tax 2 CI~ of Denton payment 3 tnformabon ¢ 5 Taxpayer's reason for refund ( attach supporting dcoumentat~on) *TAXPAYER SENT $3,t36 95 TO PAY 2000 TAX, H(~WEVER 2000 TAX WAS ONLY $1,048 65 RESULTING IN AN OVERPAY · 1 hereby apply for the refund of the above-described taxes and certify that the mformabon I have g~ven on th~s Step 4 form is, true and correct to the best of m}, knowledge and belief * ~lgnature /... ~ ~ ~ ~ uate ct application i'or tax reTuna Sign the form sign~ /-/_ __ ~L~ (~___ ~';~ .~ here Any person who make~ a fals~e~entry ~'l~ol~the foregoing record shall be subJect to one of the following penalties I Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than 55,000 or both such fine and imprisonment, 2 Confinement in jail for a term up to I year or a fine to exceed $2 000 or both such fine and impnsonmsnt as set forth in Section 37 10, Penal Code 2 -t0 AGENDA INFORMATION SHEET AGENDA DATE: May 1, 2001 DEPARTMENT: Tax DuBose, Fiscal and Mumcipal Serv~ces~ ACM' Kathy SUBJECT Constder approval of a tax refund to Charles Q Mmh~e ~n the amount of $1,013 53 The 2000 property tax was pa~d twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the govermng body of the tatung umt for refunds m excess of $500 00 The homeowner prod the 2000 property tax before the mortgage company, resultmg ~n an overpayment of $1,013 53 All documentation necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $1,013 53 EXHIBITS Apphcat~on for Refund Respectfully submitted D~rector of F~scal Operations MAR e ~) Z001 APPLICATION FOR TAX REFUND Collecting office name ;ollectlng tax for (taxing units) CITY OF DENTON TAX qFFICE CITY OF DENTON Present mailing address (number 8nd street) 801 E HICKORY SLJITEIF City, town or post office, State, ZIP cods Phone (area coda 8nd number) DENTON, TX 76205 (840) 349-8318 To apply for a tax refund~the taxpayer must complete the follow~ng Step 1 MICHIEI CHARLES Q Present Mading Address (number and street) :::)wner's name 34 ROLLING HILLS CIR C~ty, town or post office, state, ZIP code Phone (area code and number) and address DENTON, TX 76205-8542 940-382-2653 Step 2 Legal, description (or attach copy of the tax bill or tax receipt) 3escnbe FORRESTRIDGE SEC 2, BLOCK B, LOT 63 the property Address or location of property 34 ROLLING HILLS CIR Account number of property Tax receipt number 075133 OR 4120170000'1 Name of Taxing Year Date Amount Amount Unit From VVhich For Whmh Refund Of The Of Of Tax Refund RefUnd ~s Required Is Requested Tax Payment Taxes Pa~d Requested Step3 CI~ qf Denton 2000 12/27/00 $ 1,01353 $ 1,01353 Give the tax 2 Clt7 of Denton 2000 12/30/00 $ 1,013 53 payment 3 ~nformation ¢ 5 Taxpayer's reason for refund ( attach supporting documentation) THE HOMEOWNER PAID THE 2000 PROPERT~ tAXES BEFORE THEIR MORTGAGE COMPANY PAID, RESULTING IN AN OVERPAYMENT OF $1~013 53 *1 hereby apply for the refund of the above-described taxes and certify that the ~nformat~on I have g~ven on th~s Step 4 form is true and correclt3to th bestnof m~/knov~d~le andnbehef * ~51 atu[ I ~ Date o! application tar tax retuno here Any person who makes a false entry upon the foregoing record shall be subject to one of the following penalbes 1 Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both such fine and imprisonment 2 Confinement in Jad for a term up to 1 year or a fine to exceed $2,000 or both such fine a~nd imprisonment as set forth m Section 37 10, Penal Code 2 Agenda No Agenda Item~~ AGENDA INFORMATION SHEET AGENDA DATE: May 1, 2001 DEPARTMENT: Tax ACM: Kathy DuBose, Fiscal and Municipal Services'~ SUBJECT Consider approval of a tax refund to DolgenCorp Texas, Inc m the amount of $1,025 58 The 2000 property tax was poad twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds m excess of $500 00 Two payments for $1,025 58 were received on January 31, 2001 and February 9, 2001, resulting m an overpayment of $1,025 58 All documentation necessary for refund ~s attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $1,025 58 EXHIBITS Appheatton for Refund Respectfully submitted Director of F~scal Operations APPLICATION FOR TAY~ REFUND ColleCting office name~ Collecting tax for (taxing units) CITY OF DENTON TAX OFFICEMAR2 9 20 D'I CITY OF DENTON Present mailing address ~number and street) 601 E HICKORY SUITE F city, town or post office, ~tata, ziP code Phone (area code and number) DENTON, TX 76205 I 540) 349-8318 FAX (940) 349-721t To apply for a tax refunddthe taxpayer must complete the following ,,Jwner'a flame Step 1 DOLGENCORP TEXAS INC Present Mailing Address (number and street) Owner's name 100 MISSION RIDGE - TAX DEPT City, town or post office, state, ZIP code Phone (area code and number) and address GOODLETTSVILLE TN 37072-2170 Step 2 Legal, description (or attach copy of the tax bill or tax receipt) Describe PERSONAL PROPERTY - 5 & 10 STORE LOCATION 1626 WUNIVERISTY DRIVE ;he property Address or location of property 1626 W UNIVERSITY DRIVE #A Account number of property Tax receipt number 9'145~4 OR 0005090021 N~me of Taxing Year Date Amount Amount Unit From Which For Which Refund Of The Of Of Tax Refund Refund is Required Is Requested Tax Payment Taxes Prod Requested Step 3 1 Cit7 of Denton 2000 1/31/01 $ 1,025 58 $~ve the tax 2 Clt7 Of Denton 2000 2/9/01 $ 1,025 58 $ 1,025 58 ~)ayment 3 information 4 5 Taxpayer's reason for refund ( attach supporting documentabon) * 2000 TAX WA8 PAID TWICE - FIRST SY CHI~CK ff~5~474 AND NEXT BY CHECK #56'1373 · 1 he,by apply for the refund of the above-descnbed taxes and certify that the ~nformabon t have g~ven on th~s Step 4 form s true and correct to the best of my knowledge and behef * / ~lgnatu~ uate ot app,cetlon rot tax retuna here: JL J Any,eraon ent ,',pon the forego,ng record sha, be sub, eot to one of the fo,ow,ng pene,les (~ 1 imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both such fine and ~mprisonment, 2 Confinement ~n jarl for a term up to 1 year or a fine to exceed $2,000 or both such fine, nd impris~nment as set fo~h in Sectlon~ 37 10, P~enal Code AGENDA INFORMATION SHEET AGENDA DATE: May 1, 2001 DEPARTMENT. Tax ACM Kathy DuBose, Fiscal and Mumc~pai Serwces~ SUBJECT Consider approval of a tax refund to David Haesle in the amount of $731 44 The 2000 property tax was prod twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the governing body of the taxing unit for refunds in excess of $500 00 Both the mortgage company and holneowner pa~d the 2000 property tax, resulting ~n an overpayment of $731 44 All documentation necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $731 44 EXHIBITS Apphcat~on for Refund Respectfully submitted D~rector ofF,seal Operations APPLICATION FOR TAXI REFUND ICollectlng office name I Collecting tax for (taxing units) CITY OF DENTON TAX 9FFICE C TY OF DENTON Present mailing address (number and street) E HICKORY SUITE F DENTON, TX 76205 ~ 349-8318 apply for a tax refund the following Step 1 :)AVID A HAESLE Present Maihng Address (number and street) 3wner's name 4701 UPPER GLENWICK CT C~ty, iown or post office, state, ZIP code Phone (area code and number) and address ARGYLE, TX 76226-1544 940-566-7771 Step 2 Legal description (or attach copy of the tax bdl or tax receipt) Descnbe rilE HILLS OF ARGYLE PH I, BLOCK B, LOT 25 the property Address or Iocehon of property ¢701 UPPER GLENWICK CT Account number of property Tax receipt number Rleqt55 OR Name of Taxing Year Date Amount Amount Unit From Which For Which Refund Of The Of Of Tax Refund Refund ia Required Is Reque-~ted Tax Payment Taxes Paid Requested Step 3 City pf Denton 2000 12/29/00 $731 $~ve the tax CRy ,of Denton 2000 1/16/01 731 $ ~)ayment information Taxpayer's reason for refund (attach supporting documentation) *Homeowner and mtg Co paid 2000 taxes *1 hereby apply for the refund of the above-descnbed taxes and cerbfy that the ~nformat~on I have g~ven on th~s Step 4 for~ is true and correct to the best of m~, knowledge and belief * ~lgnature Iuate or appllcetlOn tor tax retunc~ Sign the form 0.~;~ (~ '~.~ ..~ / here Any~person who makes a false entry upon the foregoing record shall be subject to one of the following penalhes 1 Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of n°t re°re than $5,000 °r b°th such fine and tmpnsonment, 2 Confinement ~n jad for a term up to 1 year or a fine to exceed $2,000 or both such fine and imprisonment as set forth ~n Section 37 10 Penal Code 2 ~[~enda Item .--~.~'~ AGENDA INFORMATION SHEET AGENDA DATE: May 1, 2001 DEPARTMENT: Tax Kathy DuBose, Fiscal and Municipal Servlces~ ACM: SUBJECT Consider approval of a tax refund to Umted Copper Industries in the amount of $1,934 03 The 2000 property value was decreased by the Denton Central Apprmsal D~smct BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the governing body of the taxing umt for refunds m excess of $500 00 The Denton Central Apprmsal District decreased the personal property value for Umted Copper Industries, resulting in an supplemental refund of $1,934 03 All docmnentat~on necessary for refund ~s attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $1,934 03 EXHIBITS 2000 Supplemeatal Roll #5 Respectfully submitted D~rector of Fiscal Operations AGENDA INFORMATION SHEET AGENDA DATE. May 1, 2001 DEPARTMENT. Pohce ~ ACM: Jon Fortune SUBJECT An Ordinance authorizing the Mayor to execute an lnterlocal cooperation agreement between the City of Denton and the City of Krmn for the impoundment and d~spomt~on of dogs and cats and the collection of fees pursuant to the prowslons of said agreement, and prowdmg for an effective date BACKGROUND' The City of Kmm has requested this lnterlocal agreement due to the substandard condition of their current kennel famhty Krum estimates that they will deliver 15-30 ammals per year winch should not significantly impact the operation at the Animal Control famhty The agreement states that the City of Denton wall prowde the following services to the C~ty of Krum for the ~mpotmdment and disposition of animals dehvered to the City of Denton from the C~ty of Krum (1) The City of Denton will hold these ammals for ninety-slx (96) hours if not clmmed by an owner If the owner does not clmm the animal within the prescribed mnety-slx (96) hours, the animals will be euthamsed or made avmlable for adoption (2) The City of Denton will accept and hold rabid suspects in quarantine for ten (10) days (3) The City of Denton will remove and sh~p the heads ofraind suspects for rabies testing by the Texas Department of Health For the services, the C~ty of IQ'urn agrees to pay fees set forth m the agreement as follows (1) A holding fee m the amount of fifteen dollars ($15 00) for the first day or part of a day and five dollars ($5 00) for each subsequent day per animal held for reclamation by the owner (2) A holding fee m the amount of fifteen dollars ($15 00) for the first day or part of a day and five dollars ($5 00) for each subsequent day per animal held m quarantine as a rabies suspect (3) Fffieen dollars ($15 00) for each ammal euthan~zed 1 (4) Thirty-five ($35 00) for each decapitation and shipment OPTIONS 1 The C~ty Counml can choose not to approve the ~nterlocal agreement w~th the C~ty of 2 The City Cotmml can approve the ordinance and renew the ~nterlocal agreement RECOMMENDATION The Department recommends approval of the ordinance and renewal of the mterlocal agreement w~th the City of Krum 1 The mterlocal agreement provides a valuable service to the cmzens of Krum 2 The housing and d~sposal of dogs and cats recmved from the C~ty of Krtun ~s not projected to create a hardship for the C~ty's Ammal Control operatmn 3 The ~nterlocal agreement ~s a source of revenue for the C~ty PRIOR ACTION/REVIEW. The attached ~nterlocal agreement has been reviewed for legal form and content by the C~ty of Denton Legal Department The agreement has been approved by the Krum C~ty Council FISCAL IMPACT' The prescribed fees xn the agreement are calculated to recover all costs of all servmes rendered and, therefore, th~s agreement does not result in an xncrease ~n expenditures Based on the antm~pated number of ammals received, the agreement wxll result m an addmonal $1,000 00 m revenue Respectfully submitted, Gary L Matheson Chief of Pohce ~nght Captain Support Services D~vls~on ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Mayor, or m her absence, the Mayor Pro Tcm, is hereby authorized to execute an Interlocal Cooperation Agreement between the C~ty of Demon and the C~ty of Krum for the ~mpoundment and d~spos~t~on of dogs and cats, a copy ofwhmh is attached hereto and incorporated by reference hereto SECTION 2 That the C~ty Council authorizes the collection of all fees as prowded pursuant to the prows~ons of stud Agreement SECTION 3 That th~s ordinance shall become effective lmmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 3 STATE OF TEXAS § § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON § WHEREAS, the City of Denton, Texas ("DENTON") and the C~ty of Krum, Texas ("K_RUM") are both local governments with the authority and power to contract, and WHEREAS, DENTON is engaged In the services of holding and disposing of dogs and cats for the benefit of the citizens of DENTON, and WHEREAS, DENTON is the owner of certain facfl~ties and equipment designed for the holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such faclht~es and equipment, and WHEREAS, KRUM desires to obtain impoundment and disposition services for dogs and cats rendered by DENTON, as more fully hereafter described, for the benefit of the citizens of KKUM, and WHEREAS, K_RUM and DENTON mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto, and WHEREAS, both DENTON and ICRUM have the authority to perform the services set forth ~n this Agreement individually m accordance w~th Texas Government Code §791 011(c), and WHEREAS, KRUM w,ll make all payments for services out of avaalable current revenues and DENTON agrees that the payments made by KRUM hereunder will fairly compensate it for the services provided, NOW, THEREFORE, KRUM and DENTON, for the mutual consideration heremafter stated, agree as follows 1 A COVENANTS OF THE CITY OF DENTON 1 Holdme of Does and Cats DENTON agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of KRUM under the followmg terms and conditions a Holding Period for Dogs and Cats DENTON agrees to hold such dogs and cats for a period of mnety-slx (96) hours from the t~me they are accepted by the Animal Control Center in order to allow the owners of the impounded animal a reasonable amount of time to reclaim the ~mpounded animal If the ammal is not reclaimed within the mnety-slx (96) hour period, the ownershap of the anamal shall revert to the Ammal Control Center Animals will be humanely destroyed or placed for adoption at the dascretaon of the Ammal Control staff b Holding Fees for Imnounded Dogs and Cats For the purpose of this Agreement, DENTON will charge Fafteen Dollars ($15 00) for the first day or part of a day and Five Dollars ($5 00) for each subsequent day holdang fee that an anamal as held at the Animal Control Center In detenmmng the meanang of the term "animal" as used herein, it is agreed that a pregnant ammal whtch has ats latter while being held, or an animal which is nursang ~ts latter and is being kept in the same cage, will be considered one anamal for the assessment of charges provided for m this Agreement This fee will be assessed against the owner of the ammal at the time the animal ~s reclmmed No animal wall be released until all apphcable fees are prod m full c Holding of Quarantine Animals DENTON agrees to accept and hold rabid suspects an quarantine for KRUM when condltaons permat, and such action is authorized by a representative of KRUM d Holding Fees for Ouarantmed Ammals The holdang fee for quarantaned ammals shall be Fifteen Dollars ($15 00) for the first day or part of a day and Fave Dollars ($5 00) for each subsequent day that the animal as held e Head Shipments and Rabies Testing Upon request of KRUM, DENTON wall promde for the removal and shipment of heads of rabid suspects for chmcal rabaes testing at the Texas Department of Health The fee for this servme shall be Thirty-five Dollars ($35 00) for each head shipped B COVENANTS OF THE CITY OF KRUM 1 Fmancml Resnonsablhtaes In order to reimburse DENTON for ats costs recurred under th~s Agreement, KRUM agrees to pay for the holdang fees and euthanasaa fees on dogs and cats received from KRUM or its authorized agent if the animal(s) is not reclmmed by the owner These fees will be assessed on the following basis a Euthanazed Ammal Fffieen Dollars ($15 00) for the first day or part of a day and Five Dollars ($5 00) for each subsequent day holding fee for each anamal as determined hereto, plus Fifteen Dollars ($15 00) euthanasia fee b Adopted Animal Fffieen Dollars ($15 00) for the first day or part of a day and Fare Dollars ($5 00) for each subsequent day holding fee for each anamal as determined herein c Head Shipments Thirty-five Dollars ($35 00) shipping fee ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT - KRLr~ PAOE20F 5 5 2 DENTON will collect ~mpound fees duly authonzed by KRUM and as specified in this paragraph from the owners ofdo§s and cats received from K_RUM Impound fee momes will be apphed to fees owed DENTON by K.RUM for animals not reclmmed by the owner IMPOUND FEE 1st Impoundment - $20 00 2nd Impoundment - $30 00 3rd Impoundment - $45 00 4th Impoundment - $70 00 3 KRUM agrees payment shall be made within forty-five (45) days of receipt ofmvolce by KRUM 2 DENTON agrees to and accepts full rasponslbflity for the acts, neghgance, and/or omissions of all DENTON's employees and agents, DENTON's subcontractors and/or contract laborers doing work under a contract or agreement with DENTON m performance of this Agreement with K.RUM KRUM agrees to and accepts full respons~bfllty for the acts, negligence, and/or ormsslons of all K_RUM's employees and agents, KRUM's subcontractors and/or contract laborers doing work under a contract or agreement with KRUM in performance of tins Agreement w~th DENTON It is further agreed that ifclmm or liability shall arise from the joint or concumng negligence of both parties hereto, ~t shall be borne by them comparatively ~n accordance with the laws of the State of Texas This paragraph shall not be construed as a wmver by e~ther party of any defenses av/ulable to ~t under the laws of the State of Texas It is understood that it ~s not the intention of the part,as hereto to create liability for the benefit of third parties, but that this Agreement shall be for the benefit of the parhes hereto 3 The fact that KRUM and DENTON accept certmn respons~bfllt~es relating to the collection and ~mpoundmg of dogs and cats under tins Agreement as part of their responslblhty for providing protection for the public health and welfare and, therefore, makes ~t imperative that the performance of these vital services be recogmzed as a govermnental ~mmumty shall be, and ~s hereby invoked to the full extent possible under the law Neither DENTON nor KRUM w/uves or shall be deemed hereby to wmve any ~mmumty or defense that would otherwise be avmlable to ~t agmnst the claims arising from the exercise of governmental functions 4 The term of th~s Agreement shall be for a period of one (1) year, commencing as of May I, 2001 and ending Apnl 30, 2002 Thereafter, this Agreement shall be renewed for successive addmonal one (1) year terms commencing on May 1 of each year if KRUM and DENTON agree ANIMAL CONTROL INTERLOCAL COOPERATION AORREMSNT - FAUM 6 P^OE3OF5 ~n wntlng on or before the first day of May to a successave term and the amount of consideration to be paid hereunder for each successive term, prowded, however, e~ther party may terminate this Agreement upon thirty (30) days written notme to the other $ Th~s Agreement represents the entire and ~ntegrated agreement between DENTON and KRUM and supersedes all prior negotaatlons, representations, and/or agreements, e~ther written or oral This Agreement may be amended only by written mstnunent signed by both DENTON and 6 This Agreement and any of its terms or provis~ons, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas 7 In the evant that any port~on of this Agreement shall be found to be contrary to law, ~t ~s the intent of the part~es hereto that the remmmng portions shall remain vahd and m full force and effect to the extent possable 8 The undersxgned officer and/or agents of the part, es hereto are the properly authorized offimals and have the necessary authority to execute flus Agreement on behalf of the part,es hereto, and each party hereby certifies to the other that any necessary resolutions extenchng smd authority have been duly passed and are now an full force and effect EXECUTED m duplicate originals th~s the day of , 2001 CITY OF DENTON, TEXAS BY EULINE BROCK, MAYOR ATTEST JENN~ER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CITY OF KRUM, TEXAS MAYOR ATTEST CITY SECRETARY APPROVED AS TO LEGAL FORM CITY A~ AGENDA INFORMATION SHEET AGENDA DATE' May 1, 2001 Questions concermng this acqmsttlon may be d~rected DEPARTMENT' Materials Management to Alex Pett~t 349-8595/ Carla Romtne 349-8344 ACM Kathy DuBose, Ftscal and Mummpal Servtces ~ SUBJECT: An Ordmance accepting compet~tlve b~ds by way of an Interlocal Agreement with Denton County and awardtng a contract for the purchase of Office Furmture, providing for the expenditure of funds therefore, and provlchng an effective date (File 2675 - Interlocal Agreement for Furniture w~th Denton County, contract awarded to McKanney Office Supply tn the amount of $31,428 81) INTERLOCAL AGREEMENT INFORMATION. An Interloeal Agreement for cooperative purchasing of materials and supplies between the City of Denton and Denton County was approved by Councd on October 20, 1998-(Ordinance 98- 344) Among those contracts available to the C~ty of Denton from Denton County ts Btd 06-00- 1377-Office Furniture This b~d was awarded by Denton County to MeKlnney Office Supply at an agreed price of 56% off of manufacturer's (HON) latest pubhshed price list Due to the wide variety of furniture required, fitting the eonfiguratmn at C~ty Hall East, and the destre to maintain some level of consistency m color and style, a percentage from list price works much better than a b~d for md~wdual items Ttus cooperative agreement allows for a volume discount that is advantageous to both the e~tlzens of the C~ty and County The furniture included m th~s aeqmsltlon ~s for the Technology Services and Human Resources Divisions RECOMMENDATION: We recommend pumhase order 14489 to McKanney Office Supply for Technology Services furmture be approved in the amount of $19,621 85 and that Purchase Order 14490 to McYdnney Office Supply for Human Resources furniture be approved m the amount of $11,806 96 for a total award of $31,428 81 PRINCIPAL PLACE OF BUSINESS: McKarmey Office Supply McKlnney, TX ESTIMATED SCI-IEI~ULE OF PROJECT' Delivery of the hsted furmture ts approximately 6 weeks after receipt of an order or the second week in June 2001 Agenda Infonnataon Sheet May 1, 2001 Page 2 FISCAL INFORMATION: Funding for Technology Servmes furniture and Human Resources furmture ~s available from account (437-032-FURN-9102) Respectfully subnutted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Orders 14489 and 14490 to Mclqhnney Office Supply Inc Attachment 2 Proposal from McKmney Office Supply based upon Denton County Contract (06-00-1377) Prices for Purchase Order 14489 Attachment 3 Proposal from Mcganney Office Supply based upon Denton County Contract (06-00-1377) Prices for Purchase Order 14490 ATTACI{IW. ENT 2 PUI~C~ASE ORDEK 14489 COD I T Department D# CODIT1 cdb 7808 Managerial/Task, Asynchronous 250 80 752 40 I w/Arms, soar GlAde, Plleumabc 8318~4 Full En¢l Panel Support 49 72 198 88 24D 2g-1/2H 83241~9A T-Mold Edge Radial Comer 157 08 314 16 Worksurface 24D 48W 5324: ,0A T-Mold Edge Worksurface 56 98 56 96 24D 30W 8324, ~2A T. Mold Edge Worksuffaco 76 56 15:3 12 24D 42W 8324, 1aA T-Mold Edge Worksu~lace 82 28 82 28 240 48W 8324, ~aA T-Mold Edge Worksurface 110 00 110 00 24D 65W 8324 ~2A T-Mold Edge Won~sudace 115 72 115 72 24D 72W 8616 i2 8tack. on Hutcll w/Doors & Lock 160 60 321 20 42W 36-1/4H 13D 8620 i2 Tackboard 42W 20H 72 60 145 20 870g I0 Task L~ght (Recessed) 81 16 122 32 30W- 36W AKP' Articulating Keyboard w/Mouse 144 76 434 28 Pad C24i 9T Desk T-Mold Edge 240 60W 232 32 232 32 C30; [gT Desk T Mold Edge 30D 72W 266 20 266 20 2 CCL~ Corner Oesl( Leg 29-1/2H 33 44 86 88 CS3(: Half Height Modesly Panel 35 64 35 64. 30W x 14H 6 CS4; Hslf He~ghl Modesty Pane~ 37 40 224 40 42W x 14.H C$4{ Half Hough{ Modesly Panel 39 1§ 39 t0 48W x 14H C$8~ Hell Height Modesty Panel 41 80 41 80 66W x 14H 72W x 14H 12 CSL Support Leg 24D 29-1/2H 43 56 522 72 2 PF1~, o203~ 10000 Series Freestanding Pecl 154 44 308 88 Box/Eox/F~le lgD x 28H I PFl~7.203B 10000 Series Freestanding Ped 154 44 154 44 Box/Box,/F{Io lgD x 28H 3 PF191 ~-202B 10000 Series Freestanamg Peal 154 44 403 32 F~le/F~le 19D x 25H Sub Total ~..~..~$5,207 Mar-21-o1 11 37A COD - Data C enter Diction # t D# CODDATA1 cdt~ 2 00 Storage Caiometl$SX18XS6H 250 36 500 72 2 Maltagenal/Task. A~y~chronous 250 80 501 60 w/Arms Seat Glide P,eumatlc 4 8010~ )P Straight Cormector K~I 69H 20 24 80 96 Low Profile Painted Top Cap 4 80111 )P Ell Connector Kl! 6gH 28 60 1 Low Profile Painted Top Cap 1 8012t DP Tee Co~nector Kit 69H .55 44 55 44 Low Profile Pa~nte~ TOp Cap 3 8014~ 9P Panel End Cover Fabric 69H 20 24 60 72 Low Profrle Ps,riled Top Cap 4 8310: Camtlever Bracket 200 240 19 80 79 20 1 83131 Worksun'aces-To-Panel Bracket 15 40 15 40 20D,24D 2 8324{ A T-Mold Edge Radial Corner 150 48 :300 Workeurface 24D 42W 2 8324; .0A T-Mold Edge Word<surface 58 96 117 92 24D 30W 2 8324, .SA T-Mold Edge Worksun'ece 82 28 164 56 24D 48W 2 8601 t0 Storage Cabinet w/Door 133 76 287 52 30W 14-1140 15H 2 8501 ~8 Storage Cal~lnel w/Door 151 80 303 60 4aW 14-1/4D 16H 2 8709 [4 TaSk L~ghl (Recessed) 60 25 120 56 24W 2 870g 12 TasV, Light (Recessed) 42W - 45W 4 8712 Electrical Power Harness 42W 54 56 218 24 3+1 & 2',2 Systems 2 871; Electrical Power Harness 48W 54 56 3~.I & 2*2 System; § 871,~ Duplex Receptacle Circuit I 8 35 50 16 ! 3~'t & 2~'2 Systems ........... ~- .87.~ - ......... 8aslLP..ower. J~E~.~. C, aOte .................. ~7.~L4__ _ 57 64 3.1 & Z*2 Systems 1 8959 .)4P Acoustical Penal §9H x 24W 126 28 126 28 Low Prof,ie Painted Top Cap Ma~-21-01 11:37A 696g'~ P Acoust~c;I Panel 6gH x 30W 142 12 254 24 Low Profile Palrtted Top Cap 89693 iP Acoustical Panel 69H x 36W 152 68 305 36 Low Profile Painted Top Cap 59694 [P Acoushcal Panel 69H x 42W 175 56 702 24 Low Profile Paroled Top Cap 69694 ~P Ac, ousbcal Panel 6gH x 46W 186 12 372 24 Low Profile Painted Top Cap AKPN Arhculahng Keyboard w/Mouse 144 76 28g 52 Pad PF19;-233B 10000 Sarma Freestanding Pad 159 72 319 44 Box/Box/File 22D x 28H PF19~ :-232B 10000 Serle~ Freestanding Pad 159 72 319 44 Fl~all=lle 22D x 26H Sub Total $5 970 36 03t22/2001 14 15 9727124312 COD - Print Shop Option # 2 D# CODPRINT cdb 3 7606 MeftageriaUTaak, Asynchronous 250 80 752 40 w/Amis, ~eat Glide, Pneumatic 3 601043P Straight Connector Kit 43H 18 48 55 44 Low Profile Painted Top Cap 3 801069P Straight Connector Kit 69H 20 24 60 72 Low Profile Painted Top Cap 6 601160P Eli Connector KE 66H 2860 17160 Low Pmflid Pmnted Top Cap $ 601443P Panel End Cover-Fab~fc 43H t6 46 65 44 Low Profile Painted Top Cap $ 601469P Panel End Cover-Fabric 69H 20 24 60 72 Low Profile Painted Top Cap 3 601602P Variable Hgt Finish Kit 2.Way 30 60 92 40 Low Profile Top Cap Fabric 3 831024 CanUlever Bracket 20D.24D 18 60 59 40 3 832424^ T-Mold Edge Wo~surfece 58 08 174 24 24D 24W 1 83T22EL Coroer Cove T-Mold Wolltsudace 224 40 224 40 72'x48'x24'x24" Left Hand 2 63722ER Coroer Cove T-Moid Wortcsu~ace 224 40 446 60 72"x48"x24"x24" Right Hand 3 860124 Storage Cablr~et w/Door 130 68 392 04 24W 14-114D $ 860846 Open Bookshelf Half-Height 64 24 192 72 4~'V l13.3f4D 8H 3 8709'30 Ta~k UgM (Receded) 61 t6 183 48 30W - ~6W 6 894336P Ar, ouMIcal Panel 43H x 36W 127 60 765 60 [,OW Profile Painted Top Cap 6 896924P Acoustioai Panel 69H x 24W 126 28 757 68 Low Profile Painted Top Cap $ 896948P Aoousticml Panet 66H x 48W 186 12 558 36 Low Profile Painte0 Top Cap 3 AKPM A~ticulailng Keyboard w/Mouse t44. 76 434 28 Pad ............ g P~I §~L~-e- ......... =~l)l~o--~%~Ta~';r~-~tWn~m-g-P-ecr ........... ~rs;r72 ....,~?8-~- BOX/Box/FIle 22D x 28H 3 PF198-232B 10000 Saltes Freestanding Pad 189 72 479 16 FfleiFIle 22D x 28H A~AC~ 3 PURCHASE OP, DER 14490 McKINNEY OFFICE SUPPLY, INC. March 15, 2001 CIT~ O~ DENTON 601 ~. ~okory, bui:e A ATTN. CARLA DIRECTO~ OF ~b/4AN RESOURCES Listed below ara the prises you requested 4 sash 10762 36" lateral £ile $278.96 ~ each 1(1734 Stack on StoraSe/72" $319.88 1599.40 2 ~ach 10771 60x30 doubl~ ped 2 each 10732 b~ack on ~corage/60" $298.76 597 52 2 each H870960 Recessed Lask lights $ 69.96 139.92 2 each 10748L Creaenza w/lateral $~18.00 836.00 1 aa=h 10702L 66x30 a{ngle pod desk $421.96 421.96 I each 1071lB 48x24 Fluuh ~eCurn $281.16 281.16 I each 1075~ Bookcase 2 shelf $150.48 150.48 ] each 895630P ~anei ~6x30 Grade III $~27.$0 L27.60 we do not ~ec~end stack an atn~-~e for :he double lateral files you ar~ wanting :o order. Out ltt~Callation people w%l] not be able have :eqUeSLed Lf you have any queutlouu, ~uzte Taylo~ · -n~il ntck{nncyofl~cesupply ~ait.nel www'mek4n"eYoflce~up ply corn COO. Human Reeources Terrace - Option # 2 D# CODHRTER2 -'db --=~--8-7-~g4E~ .... ~ 66 44 132 88 871224. Power Harness 24W 51 48 102 g5 3-1 & 2-2 Systems 871236 Power Harness 38W 51 48 102 95 3-1 & 2-2 Systems 871248 Power Harness 48W 54 56 10g 12 3-1 & 2-2 SyStems 8,74072 Base Ele~tncal In-Feed Cable 59 84 59 84 3-1 & 2-2 Systems 874501 Duplex Rece~aole Circuit 1 8 80 52 SD 3.1 & 2-2 Systems AKPM Articulating Keyboar(~ 1.44 76 144 76 Platform w/Mouse Pad LT9370A Lateral File 2 Drawer 30W 238 28 472 56 28H PF'Igs-203A Fraestan(~ Pod, Box/Box/File 161 92 161 92 28H x 19-7/~D T52436S Worksurface 24D x 3BW 87 12 87 12 w/Grommets T$2448S Workaurface 24D x 48W 10§ 04 106 04 w/Grommets T52460S Worksu~l'ece 24D x ~0W 12g 80 12g 80 w/Grommets T5622ER Comer Cove Worksurface Right 186 56 186 56 B0x48x24x24 w/Gromm ets T§24.CB Cantilever Bracket 24D & 30D 32 5S 65 12 T624FB Flat Bracl~et 24D 7 92 7 92 T6BI~ Workeurrace Bracket Kit g 24 27 72 T748DN Overhead Storage Cabinet 165 88 331 76 48Wx 16H wlo pulls TT04324 Panel Frame 43H x 24W 89 32 267 95 Flat Peinled Top Cap TTD4335 Panel Fran3s 43H x 36W 101 20 303 60 Flat Palntecl Top Cap 7'r0~24 .......... 'P~ n-e FFTEr~-~ ~A~ ........................ Flat Painted Top Cap 117 48 234 g6 TT06~48 Panel Frame 69H x 48W 147 4{3 294 80 Flat Pmnled Top Cap RECEIVED FROH TT326E End Trim K~t 25H '13 64 13 54 Flat Painted Top Cap TT343E End Trim K~t 43H 15 84 15 64 Flat Painted Top Cap TT343L 90-Degree Connector Kit 43H 30 36 60 72 Flat Painted TOl3 Cap TT369E ....... ~n~ T?~m ?_!! -~gH z,z ~ 2,2 88 Flat Painted Top Cap TT36gL go-Degree Connector Kit egH 36 08 72 16 Flat Pa~ntea TOp Cap TT41324S Steal Embossed Tile 13H 24W 31 88 126 72 TT41324T Tackabla Acousllc Tile 1848 11068 13H x 24W TT413365 Steel Embossed Tile 13H 36W 36 08 1 OB 24 3'i'4.1336T Tackable ^coushc T~le 22 88 68 64 13H x 38W '?T41348S Steal Embossed Tile 13H 48W 44 00 88 00 TT41348T Taokable ^c0uSt~C Tile 25 40 52 80 13H x 48W TT4:~624S Steel Embossed Tile 2~H 2~,W 4O 20 4e2 oo TT42~24T Tack, able Ae0USt~C Tile 25 52 102 08 26H X 24W 9-1'428368 Steal Embossed Tile 25H 36W 57 20 343.20 TT4~48S ~teal Embossed Tile 26H 48W 69 08 276 32 TT42648T Tackable Acoustic Tile 35 52 146 06 26H x 46W TT5153eS Straight Countertop 15D x 36W 79 20 79 20 TT515728 Straight Countertop 15D x 72W 118 80 118 80 TT52424C Comer Counterlop 24W x 24W 124 52 t24 52 Sub Total $5,775 88 ~G-21-91 11 ~4 RECEIVED FROM ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH DENTON COUNTY AND AWARDING A CONTRACT FOR THE PURCHASE OF OFFICE FURNITURE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (FILE 2675 - INTERLOCAL AGREEMENT FOR FURNITURE WITH DENTON COUNTY, CONTRACT AWARDED TO MCKINN~Y OFFICE SUPPLY IN THE AMOUNT OF $31,428 8I) WHEREAS, pursuant to Ordinance 98-344, the County of Denton has sollctted, receaved, and tabulated competttlve btds for the purchase of necessary materials, equipment, supphes, or servtces m accordance wath the procedures of state law on behalf of the Caty of Denton, and WHEREAS, the Caty Manager or a desagnated employee has rewewed and recommended that the hereto described matermls, eqmpment, supphes, or servaces can be purchased by the Caty through the Interlocal Agreement wtth Denton County at less cost than the Caty would expend ff b~ddmg these ttems mdavtdually, and WHEREAS, the Caty Council has prowded an the Caty Budget for the appropnatton of funds to be used for the purchase of the materials, eqmpment, supplies, or servmes approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the numbered ttems m the following numbered purchase order for materials, eqmpment, supphes, or servtces, shown m the "Purchase Orders" referenced herem and on file tn office of the Purchasing Agent, are hereby accepted and approved as betng the lowest responstble b~ds for such ttems PURCHASE ORDER VENDOR AMOUNT 14489 McKanney Office Supply Inc $19,621 85 14490 Melrdnney Office Supply Inc $11,806 96 SECTION 2 That by the acceptance and approval of the above numbered atems set forth an the referenced purchase orders, the Caty accepts the offer of the persons submttttng the b~ds to the Denton County for such ttems and agrees to purchase the materials, eqmpment, supplies, or servmes tn accordance w~th the terms, cond~taons, specfficat~ons, standards, quantttaes and for the spemfied sums contained in the bid documents and related documents filed wtth the Denton County, and the purchase orders assued by the City SECTION 3 That should the Ctty and persons submttt~ng approved and accepted ttems set forth tn the referenced purchase orders wish to enter ante a formal written agreement as a result of the Ctty's ratfficatton of btds awarded by Denton County, the Ctty Manager or hts destgnated representattve ts hereby anthonzed to execute the written contract referenced here~n, promded, that the written contract ~s m accordance w~th the terms, condtttons, spemficatlons and standards contained an the Proposal submttted to the Denton County, quantmes and specified sums contmned tn the Ctty's purchase orders, and related documents herean approved and accepted SECTION 4 That by the acceptance and approval of the above numbered ~tems set forth in the referenced purchase orders, the City Council hereby authorizes the expenditure of funds therefor m the amount and m accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authonzed here~n SECTION 5 That tins 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 LEG ~A~L FORM E j O. TY ATTO Y 14489 & 14490 -~ el/Off~e Furniture ~TB~OCAL COOPE~TIVE P~CHAS~G O~ANCE (4 01) / A0enda Item AGENDA I'NFOR_MATION SHEET AGENDA DATE May 1, 2001 DEPARTMENT Airport ACM Jon Fortune, Pubhc Safety and Transp°rtatlon Operatl°ns ~l .SUBJECT CONSIDER AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN AIRPORT PROJECT pARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS, ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR FINANCIAL ASSISTANCE TO THE DENTON MUNICIPAL AIRPORT FOR DESIGN/ENGINEERING COSTS , AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE BAC GROK__O__~ In 1997 the Texas Department of Transportation, Aviation D~vlmon (TxDOT) was given authority to admlmster federal and state funds for capital improvement projects for all reliever and general avmtlOn mrports statewlde Th~s was done to assist TxDOT in faelhtatmg the Texas Airport System Plan In addmon to the authority to admm~ster federal grant funds, TxDOT was also prowded with the ablhty 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 admlmstrat~on of contracts necessary for the ~mplementatlon of ~mprovements On July 25, 2000 the City of Denton approved a resolution, R2000-035, con£1rmmg an agreement with TxDOT to pay ten percent (10%) of the total project cost for the proposed FY 2001 A~rport Master Plan project, and demgnatmg TxDOT as the City's agent for the admlmstrat~on of Federal and State funds for said project In July 2000, TxDOT estimated the FY 2001 Master Plan would cost a total of $120,000, City's 10% share was estimated at $12,000 After further review and completion of a project scope by Coffman Assoomtes, Inc, TxDOT ~s requesting the project estimate be amended to reflect the $165,150 proposal submitted by Coffman Associates The increase to the prehmmary budget was a d~reet result of expanding the project scope pursuant to recent requests by A~rport Staff for federal chscretaunary funding for the proposed runway extenmon TxDOT is requesting the City of Denton to enter into an Airport Project Participation Agreement (APPA) authorizing TxDOT to ~ssue a not,ce to proceed for the Engmeenng and Design Phase of this project The APPA names TxDOT as the C~ty's agent for the project and describes the State's responslbllmes as the C~ty's agent, outhnes the State's 1 offer for financial assistance and identifies the City's obligations in accepting financial assistance for th~s project Furthermore, the APPA requests documentation on the following certification of a separate fund for mrport revenues, certlficaUon of a pavement mmntenanee plan, and certification of a drug-free workplace ESTIMATED SCHF, DULE OF PROJECT TxDOT is requesting a signed agreement and the sponsor's share of ten percent (10%) for the Englneenng and Design Fees, $16,515, as soon as possible This will allow the consultant, Coffinan Associates, Inc, to proceed with the project The Master Plan Study is estimated to be completed twelve (12) months from receipt of the APPA and sponsor's ten percent (10%) matching funds PRIOR ACTION/REVIEW The City Attorney's Office has reviewed and approved this ordinance Airport Advisory Board and staffreoommend the approval of the APPA and amended fee FISCAL INFORMATION The estimated cost of the project is $165,150 The City's ten percent (10%) match for this project is $16,515 and must be submitted to TxDOT by May 9, 2001 $12,000 of the City's match for this project was budgeted in the FY 00-01 budget Funding for the remmmng $4,515 has been identified m the General Fund EYmIBITS Ordinance Airport Participation Agreement Respectfully submitted Mark ~elson Airport Manager ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN AIRPORT PROJECT PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS, ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR FINANCIAL ASSISTANCE TO THE DENTON MUNICIPAL AIRPORT FOR DESIGN/ENGINEERING COSTS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Pursuant to Council Resolution No R2000-035 the Caty Manager or his designee was authorized to enter into all contracts with the State of Texas, actang through the Texas Department of Transportatmn ("TxDOT") necessary for financial assistance for the Denton Mummpal A~rport Master Plan (the "ProJect"), and WHEREAS, TxDOT has presented to the Caty an Aarport Project Partm~patlon Agreement which provides for federal funds for desagn/eng~neenng costs assomated w~th the ProJect, a copy of which is attached hereto and made apart hereof by reference (the "Partm~pataon Agreement'), and WHEREAS, the City Council finds that the Partlmpataon Agreement is in the pubhc interest, NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Manager or his designee as hereby authorized to enter into the Partm~pat~on Agreement on behalf of the Caty of Denton SECTION2 The expenthture of funds as set forth m the Participation Agreement is hereby authorized SECTION 3 Th~s ordinance shall become effectave ammedaately upon ~ts passage and approval PASSED AND APPROVED this the day of _, 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LECj,~L FORM By ~'--~ ~ S \Our Doeument~\Ordmanees\01 \TxDot A~rport PametpaUon doc TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT PROJECT PARTICIPATION AGREEMENT (Federally Assisted A~rport Development Grant) TxDOT Contract No 1XXFA002 TxDOT CSJ No 0118DNTON TxDOT Project No AP AMP DENTON Part I - Identification of the ProJect TO The C~ty of Denton, Texas FROM The State of Texas, actm8 through the Texas Department of Transportatton Tbs Agreement is made and entered into by and between the Texas Department of Transportation, (herema-qer referred to as the "State"), for and on be,~alf of the State of Texas, and the City of Denton, Texas, (hereinafter referred to as the "Sponsor") Tbs Grant Agreement is entered into between the State and Sponsor shown above, under the authority granted and m comphance vnth the provmons of Title 49 Umted States Code, Sectmn 47101 et seq, and under V T C A. Transportation Code, Title 3, Chapters 21-22, et seq (Vernon and Vernon Supp) The project Is described as follows update an'port master plan at the Denton Mumapal Au'port The Sponsor apphes for federal financial assistance and desires the State to act as the Sponsor's agent m matters connected w~th the project described above The partaes, by flus Agreement, do fix their respective responsib~htles, wath reference to each other, vnth reference to the accomphshmant of the project and w~th reference to the Umted States Pursuaat to and for the purpose of carrying out the provisions of Title 49 U S C, and m consideratton of(a) the Sponsor's adoption and rattfieation of the representations and assurances contained m the Au'port ProJect Partictpation Agreement and its acceptance of flus Offer as proxaded, and (b) the benefits to accrue to the Umted States and the pubhc from the accomphshment of the project and comphance w~th the assurances and condmons provided, THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF O1' 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 m accomphshmg the project, mety pereenmm of all allowable project costs Tins grant Is made on and subject to the following terms and conditions Part H - Offer of Financial Assistance The allowable costs of the project shall not include any costs deternuned by the State to be mehg~ble for consideration as to allowabdity under 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 Airport Zomng Act, Tex Loc Gert Code Ann §§ 241 001 et seq (Vernon and Vernon Supp) It is estunated that design/engmcenng project costs vail be approximately $165,150 00 (Amount A) It is further esthnated that approximately $165,150 00 (Amount B) of the projecl costs will be ehglble for federal financial assistance, and that federal financial assistance will be for mnety percent (90%) of the ehgible project costs Final detemunafion of federal ehlobdity of total project costs wdl be determined by the State m accordance vath federal guidehnes fullowmg completion of project In the event that federal funds are unav~able, tlus Agreement shall automatacally be voided and become of no force and effect, except that unexpended or unencumbered moneys actually deposited by the Sponsor and held vath the State for project purposes shall be returned to the Sponsor The maximum obligation of the Umted States payable under tIus offer shall be $148,635 00 (Amount C) Tlus grant should not be construed as block grant funds for the Sponsor, but as a grant for funding of the scope items as hsted on page one oftlus agreement It is the intent of the State to pro,nde funding to complete the approved work ~tems of tlus grant and not to amend the scope of work to include items outside of the current detemuned needs of tlus project Scope of work may be amended as necessary to fulfill the unforeseen needs of tlus specttic development project vathm the sprat of the approved scope, subject to the avmlab~hty of state, federal, and/or local funds It Is estunated that the Sponsor's share of the total project costs wdl be $16,515 00 (Amount D) The Sponsor specifically agrees that it shall pay any project costs, wluch exceed tho sum of the federal share (Amount C) It is further agreed that the Sponsor w~l rewaburse the State for any payment or payments made by the State m behalf of the Sponsor wtuch are m excess of the federal pementage of finanoal partacipation as stated m Part H-2 The State shah refund to the Sponsor, at the financial closure of the project, any excess funds prowded by the Sponsor It is mutually understood and agreed that if, dunng the lrt'e of the project, the State determines that the grant mount exceeds the expected needs of the sponsor by $5,000 or five (5%) percent, wluchever is greater, the grant amount can be umlaterally reduced by l~tter from tho State adwsmg of the budget change and a refund of the sponsor share of the reduction wdl be done Conversely, if there is an overrun m the ehg~ble project costs, the State may increase the grant to cover the amount of overrun not to exceed the statutory fffieen (15%) percent hnutat~on, and wall adwse the Sponsor by letter of the increase Upon receipt of the aforementioned letter, the mayamum obhgatmn of the Umted States is adjusted to the amount specified and the Sponsor vail rermt their share of the ~ gnmt amotmt Partactpat~on m additional federally ehg~ble costs may require approval by the Texas Transportation Comnussion The State vail not authorize expenditures m excess of the dollar amounts Ident~ed m flus Agreement and any amendments, vnthout the consent of the Sponsor Payment of the Umted States share of the allowable project costs vall be made m accordance vnth the prov~smns of such regulations and procedures as the State and the FAA, shall prescribe Final determmataon of the Umted States share will be based upon the final audit of the total amount of allowable project costs and settlement will 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 pad uutlally m cash when requested by the State At project closeout, Sponsor vall be reunbursed for any credited amounts that exceed Sponsor's share 7 Sponsor, by executing fins Agreement certffies, and upon request, shall furmsh proof to the State that it has sufficmnt funds to meet its share of the costs The Sponsor grants to the State and federal government the right, upon advance written request dunng reasonable and regular business hours, to audit any books and records of the Sponsor to verify smd funds In addition, the Sponsor shall d~sclose the source of all funds for the project and its ab~hty to finance and operate the project Follovang the execution of tins Agreement and upon written demand by the State, the Sponsors financial obhgation (Amount D) shall be due and payable to the State State may request the Sponsors financial obhgat~on m paraal payments Should the Sponsor fail to pay the obhgaUon, either m whole or m part, w~thm 30 days of written demand, the State may exerose its nghts under Part V-7 L~kevase, should the State be unwilling or unable to pay its obhgation m a tunely manner, the f~ure to pay shall be considered a breach and the Sponsor may exercise any nghts and remedies it has at law or equity Expen6ttures for ehg~ble project costs for the above project made by the State or the Sponsor prior to the award ora federal grant for the project, and prior to actual receipt of the authonty to expend federal grant funds, shall be made from Sponsor funds PART m - Sponsor Responszbdit~es 1 In accepting the Agreement, the Sponsor guarantees that a ~t will comply vath the Attachment A, Cert~fication of Au'port Fund, attached and 6 made a part of tins Agreement, and tt wall comply vnth the Attachment B, Certification ofPro, leCt Fund, attached and made a part of tins Agreement, and tt wall comply vnth the Attachment C, ~rport Assurances (9~99)(State Mo&fled 9/99), attached and made a part of tins Agreement, and it wall, m the operation of the facility, comply w~th all applicable state and federal laws, roles, regulations, procedures, covenants and assurances required by the State of Texas or the FAA in connection w~th the federal grant, and the Anport or naxagational facihty winch is the subject of tins Agreement shall be controlled for a period of at least 20 years, and n'nprovements made or acqmred under tlus project shall be operated, repmred and mmntamed m a safe and sermceable manner for the useful hfe of smd improvements, not to exceed 20 years, and consistent w~th safety and security reqmrements, tt shall make the airport or art naxagational famhty available to all types, kinds and classes of aeronautical use vnthout unjust discrimination between such types, lends and classes and shall proxade adequate pubhc access dunng the term of tins Agreement, and tt shall not grant or pemut anyone to exercise an exclusive right for the conduct of aeronautteal activity on or about an a~rport landing area Aeronant~cal actimtles include, but are not lmuted to scheduled airline flights, charter fhghts, instruction, mrcraft sales, rental and repair, sale of awat~on petroleum products and aerial apphcat~ons The landing area consists of runways or landing strips, tamways, parking aprons, roads, mrport hghtmg and nawgat~onal rods, and It shall not pemut non-aeronautical use of an-port factht~es, unless noted on an approved Airport Layout Plan, wthout prior approval of the State/FAA, and It shall not enter rote any agreement nor pemut any a~rcraft to gain d~rect ground access to the Sponsor's an-port from private property adjacent to or m the immediate area of tho an*port Further, Sponsor shall not allow aircraft d~ect ground access to private property Sponsor shall be subJeCt to tins proinintton, commonly known as a "through-the-fence operation," unless an exception ts granted m writing by the State due to extreme circumstances, and it wdl acquire all property interests ident~fied as needed for the purposes of tins project and comply vnth all apphcable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas or the FAA m connection w~th the federal grant m the acqmsttlon of such property interests, and that awport property ~denttfied votinn the scope of tins project and Attorney's Certificate of Au'port Properly Interests shall be pledged to an'port use and shall not be removed fi.om such use w~thout prior written approval of the State, and the Sponsor shall subnut to the State annual statemems of mrport revenues and expenses as requested, and all fees collected for the use of an mrport or navigational facility constructed wath funds prowded under the program shall be reasonable and non&sennunatory The proceeds of such fees shall be used solely for the development, operation and mmntenance of tho Sponsor's system of mrport(s) or nawgational facflay0tes) Sponsor shall not be reqmred to pledge income received from the nuneral estate to awport use unless state and/or federal funds were used to acquire the nuneral estate of atrport lands or any interests therein, and an An'port Fund shall be estabhshed by resolution, order or ordinance m the treasury of the Sponsor, or ewdence of the pnor creation of an erastmg awport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund shah be subwatted to the State Such fund may be an account w~tban another fund, but must be accounted for m such a manner that all revenues, expenses, retained eornmgs, and balances m the account ore &scermble from other types of moneys identified m the fund as a whole Ali fees, charges, rents, and money from any source derived from anport operations must be deposited m saad An-port Fund and shah not be diverted to the general revenue fund or any other revenue fund of the Sponsor All expendttures from the Ah-port Fund shall be solely for airport or airport 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 eomphed w~th the reqmrements oftlus subparagraph, and the Sponsor shah operate runway hghtmg at least at low intensity from sunset to SUl~S~, and msofor as ~t is reasonable and vathm its power, Sponsor shall adopt and enforce zomng regulataons to restrict the height of structures and use of land adjacent to or m the munedmte v~cunty of the mrport to heights and actiwties comparable vath normal mrport operataons as provided m Tex Loc Govt Code Ann §§ 241 001 et seq (Vernon and Vernon Supp ) Sponsor shah also acqmre and retain awation easements or other property interests m or rights to use of land or a~rspace, unless Sponsor can show that acquls~tion and retention of such mterests will be unpractical or ~ result m undue hardsbap to Sponsor Sponsor shall be mehg~ble 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 an'port haTard zoning ordinance or order approved by the State, and It vail provide upon request of the State, the engineering or planning consultant, and the FAA copies of any maps, plans, or reports of the project site, apphcable to or affeetmg the above project, and after reasonable not,ce, it will penmt the State, the FAA, and any consultants and contractors associated vath tbas project, access to the project site, and will obtain pen'mss~on for the State, the FAA, and consultants and contractors associated w~th 8 this project, to enter private property for purposes necessary to this project, and r all development of an mrport constructed wroth program funds shall be consistent vnth the Parport Layout Plan approved by the State and maintained by the Sponsor A reproducible copy of such plan, and all subsequent modifications, shall be filed vnth the State for approval, and s it shall take all steps, including litigation ff' necessary, to recover funds spent fraudulently, wastefully, or m wolation of Federal antitrust statutes, or nusused 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 obtain the approval of the State as to any deternunation of the amount of such funds It shall return the recovered share, including funds recovered by settlement, order or judgment, to the State It shall furrash to the State, upon request, all documents and records pertaimng to the deternunation of the amount of the ~nds or to any settlement, ht~gation, negotiation, or other efforts taken to recover such funds All settlements or other final positions of the Sponsor, m court or otherv~se, revolving the recovery of such funds shall be approved in advance by the State The Sponsor certifies to the State that it will have acquired clear title m 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 advemsement for bids for such construction or procurement of facthties that are part of the above project, and vnthin the tune frame of the project, a sufficient interest (easement or other~nse) m any other property wluch may be affected by the project The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the State's agents, employees or contractors from all clanns and hahihty due to actiwties 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 fi.om any and all expenses, including attorney fees wluch rmght be recurred by the State m htlgation or othervnse resisting the clann or habflities wluch maght be unposed on the State as the result of such act~xat~es by the Sponsor, the Sponsor's agents or employees The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement incorporated shall be ewdenced by execution of this instrument by the Sponsor, and the Agreement shall comprise a contract, constatutmg the obhgat~ons and rights of'the State of Texas and the Sponsor vnth respect to the accomphshment of the project and the operation and maintenance of the an'port Such Agreement shall become effective upon execution of this instrument and shall remain m full force and effect for a period of at least 20 years Sponsor agrees to name an mdlvudual, as the Sponsor's Authorized Representative, who shah be the State's contact vnth regard to this project, and which mdiv~dual shall have the authority to make approvals and disapprovals as required on behalf of the Sponsor 6 Sponsor agrees to name at least three lndiwduals, as the Sponsor's Consultant Selection Comnuttee, to represent the Sponsor In the selection of englneenng and/or planmng consultants, and to name a chatrperson of the selection comnuttee, and to prowde a suitable location for pre-bid and for pre-construction conferences, and for the subnussion and opemng of construction bids 7 The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project identified above as defined m Title 49 U S C Sponsor agrees to assume responsib~hty for operation of the faclhty m comphance w~th all apphcable state and federal requirements including any statutes, rules, re~ulations, assurances, procedures or any other dtrectives before, during and after the completion oftlus project 8 The Sponsor shall have on file w~th the State a current and approved Attorney's Cemficate ~ of Parport Property Interests and Extubit A property map 9 The Sponsor shall have on file vnth the State, Attachment D, Cemfication Regarding Drug-Free Workplace Requirements, attached and made part oftlus agreement 10 Unless othervase approved by the State, the Sponsor will not aeqmre or pernut any contractor or subcontractor to acqmre any steel or manufactured products produced outside the Umted States to be used for any project for a,rport development or noise compatib~hty for winch funds are provided under tlus grant The sponsor will include m every contract a prov~sion implementing tlus special condition 11 SPECIAL CONDITION Except for instrument landing systems acqmred vath AIP funds and later donated to and accepted by the FAA, the Sponsor must prowde for the centmuous operation and maintenance of any navigational md funded under the AIP dunng the useful life of the equipment The sponsor must check the fac~hty, including instrument landing systems, prior to conumssionmg to ensure it meets the operational standards The Sponsor must also remove, relocate, or lower each obstruction on the approach or prowde for the adequate hghtmg or marking of the obstructaon ff' any aeronautaeal study conducted under FAR Part 77 dctermmas that to be acceptable, and mark and hght the runway, as appropriate The Federal Aviation Adnmustrataon will not take over the ownerslup, operation, or maintenance of any sponsor-acqutred equipment, except for instrument landing systems 12 SPECIAL CONDITION For a project to replace or reconstruct pavement at the atrport, the Sponsor shall tmplement an effective an-port pavement maintenance management program as is rexlmred by Au'port Sponsor Assurance Number 11 The sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repan'ed wath Federal financial assistance at the au-port As a rmnunum, the program must conform to the provisions m Attachment E "Pavement Maintenance Management Program", attached and made part of ti'as agreement Part IV= Nomnnatlon of the Agent 10 1 The Sponsor designates the State as the party to apply for, receive and disburse all funds used, or to be used, m payment of the costs of the project, or ~n reimbursement to e~ther of the pames for costs recurred 2 The State agrees to assume the responsibility to assure that all aspects of the grant are done m comphance with all applicable state and federal requirements ~ncludmg any statutes, rules, regulations, assurances, procedures or any other d~rectlves, except as otherwise specifically provided 3 The State shall, for all purposes m coanectlon with the project ldentuqed above, be the Agent of the Sponsor The Sponsor grants the State a power of attorney to act as ~ts agent to perform the follovnng sennces Receiving Disbursing Agent a apply for, accept, rece:ve, and deposit with the State Treasury any and all project funds granted, allowed, and p~ud or made available by the State and/or the Umted States under Title 49 U S C and congressional appropriation, b receive, re.new, approve and process Sponsors reimbursement requests for approved project costs, and pay to the Sponsor, from granted funds, the port~on of any approved reasonable and ehgible project costs recurred by the Sponsor that are m excess of the Sponsor's share l~aying Agent d receive, revaew, approve and pay invoices and payment requests for serwces and materials supphed m accordance with State executed contracts, Contracting Agent: e advertise for professional engineering and/or planning sonnces for, but not hrmted to, the preparation of planning studies, plans and specifications for the above project and for the management of the construction of the above project, eertafy consultant selection procedures, prowde not~fication of contract award for professional sennces, and negotiate professional serwees fees, and execute, on behalf of the Sponsor, a professional serwces agreement as related to this project, f admmaster Disadvantage Business Enterpnses (DBE) and/or Historically Undemt~zed Business (HUB) Programs m accordance with federal and state regulations Contract Management Agent: g exercise such superv~sion and d~rection of the project work as the State reasonably finds appropriate Where there is an a'reconcdable confhct or d~fferenee of opinion, judgment, order or d~rectlon between the State and the Sponsor, any engineer, contractor, or matenalman, the State shall issue a written order, wluch shall prevail and be controlling, 11 h coordinate and re,new project plans, spec~ficattons and construction, coordinate and conduct progress and final inspections I~ART V - Recitals 1 The State and the Sponsor shall obtmn an audit as required by federal or state regulations 2 The Sponsor, and not the State, shall be the contractual party to :all construction and professional servace contracts entered into for the accomphshment of flus project The power of attorney, as granted by the Sponsor to the State in Part IV - Nommatmn of Agent, Is a hnuted power to perform acts m connection w~th mrport improvements as specdled m or necessitated by tbs Agreement 3 The Sponsor agrees to pursue and enforce contract items, winch are required by federal and/or state regulattons, laws and orders to insure satisfactory performance of contract vendors Such items include, but are not hnuted to, bid bonds, payment bonds, and performance bonds Pursuit and enforcement of contract items may require litigation and other remedies of law 4 The Umted States and the State of Texas shall not be responsible or hable for damage to property or injury to persons wluch may arise fi-om, or be tne~dental to, comphanee vnth flus grant agreement 5 Tlus Agreement Is executed for the sole benefit of the contracting parties and is not intended or executed for the d~rect or mcldental benefit of any thud party Furthermore, the State shall not be a party to any other contract or comnutment, wbach the Sponsor may enter into or assume, or have entered into or have assumed, m regard to the above project 6 If the Sponsor fads to comply vnth the conditions of the grant, the State may, by written notice to the Sponsor, suspend the grant m whole or m part The notice of suspension shall contain the following a The reasons for the suspension and the corrective action necessary to 1~ the suspension, b A date by wluch the corrective action must be taken, c lgotdicatton that considerat~on will be g~ven to terminating the grant after the corrective action date In the case of suspension or termmafaon, the Sponsor may request the State to reconsider the suspension or ternunat~on Such request for reconsideration shall be made vathm 45 days after receipt of the notice of suspension or ternunatlon 7 T~us Agreement is subject to the apphcable prov~sions of Title 49 U S C, the V T C A 12 Transportation Code, T~tle 3, Chapters 21- 22, et seq, (Vernon and Vernon Supp ), and the Atrport Zomng Act, Tex Loc Govt Code Ann §§ 241 001 et seq (Vernon and Vernon Supp ) Fmlure to comply w~th the terms of tlus Agreement or wath the roles and statutes shall be considered a breach of tins contract and wall allow the State to pursue the reme&es for breach as stated below Of pnmmy tmportance to the State ts comphance w~th the terms and conditions of tins Agreement If,, however, after all reasonable attempts to reqmre comphance have fmled, the State finds that Sponsor ~s unw~lhng and/or unable to comply w~th any of the terms and con&t~ons of this Agreement, the State may pursue any of the following remedtes (1) reqmre a refund of any money expended pursuant to the Agreement, (2) deny Sponsor's future requests for a~d, (3) request the Attorney General to bnng stat seeking retmbursement of any money expended on the project pursuant to the Agreement, provided however, these remedies shall not haut the State's authonty to enforce ~ts roles, regulations or orders as otheranse prowded by law, (4) declare flus Agreement null and vmd, or (5) any other remedy avadable at law or m eqmty b Venue for resolution by a court of competent juns&ct~on of any dtspute arising under the terms of flus Agreement, or for enforcement of any of the proxastons of tins Agreement, is spectfieally set by Agreement of the parties m Traxas County, Texas 8 The State reserves the nght to amend or withdraw flus Agreement at any tune pnor to acceptance by the Sponsor The acceptance period cannot be greater than 30 days a_qer ~ssuance unless extended by the State, wluch extenston shall not be unreasonably be demed or delayed 9 Tins Agreement constttutas the full and total understanding of the parttes concerning thetr rights and responstb~httes m regard to flus project and shall not be modttied, amended, rescinded or revoked unless such moddicatton, amendment, rescission or revocation Is agreed to by both parttes m writing and executed by both part,es 10 All eonumtments by the Sponsor and the State are subject to constatuuonal and statuto~ lmutattons and restrictions binding upon the Sponsor and the State (including §§ 5 and 7 ofArttcle 11 of the Texas Constatutton, ffapphcable) and to the avaflab~hty of funds wluch lawfully may be apphed 11 The Sponsor's acceptance oftlus Agreement and ratification and adoption of the Atrport ProJect Parac~pat~on Agreement shall be evadenced by executmn of flus instrument by the Sponsor Tins Offer and Acceptance shall compnse a Grant Agreement, as proxaded by the T~tle 49 U S C, constituting the contractual obhgattons and rights of the Umted States, the State of Texas and the Sponsor w~th respect to the accomphshment of the Project and comphance vnth the assurances and condmons as prowded The Grant Agreement shall become effective upon the State's wntten Nottce to Proceed ~ssued following execuUon of tins agreement 13 Part VI = Acceptance of the Sponsor The Ctty of Denton, Texas, does ratify and adopt all statements, representatmns, warranties, covenants and agreements constztutmg the described project and incorporated materials referred to m the Agreement, and does accept the Offer, and agrees to all of the terms and condmons of the Agreement Executed flus day of ,2001 The Cl_ty 0fDenton, Texas Sponsor Witness Signature Signature W~tness T:tle T:tle Certificate of Sponsor's Attorney I, Ed Snyder , acting as attorney for City of Denton , Texas, do terry that I have fully examined the Agreement and the proceedings taken by the Sponsor, and find that the manner ofaceepmnce and execution, of the Agreement by the Sponsor, is m accordance w~th the laws of the State of Texas Dated at Denton , Texas, tlus //~~ /Z~/z//-- ,2001 W~tness St~naturc ature Ai~por t Manager W~m~s T~fle 14 Part VII - Acceptance of the State Executed by and approved for the Texas TransportaUon Conmuss~on for the purpose and effect of activating and/or canymg out the orders, estabhshed pohc~es or work programs and grants heretofore approved and authorized by the Texas Transportation Conmuss~on STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By Date 15 ATTACHIVlENTA CERTIFICATION OF AIRPORT FUND The Sponsor does certify that an fiarport Fund has been established for the Sponsor, and that all fees, charges, rents, and money from any source derived from mrport operations will be deposited for the benefit of the Au-port Fund and wdl not be diverted for other general revenue fund expenditures or any other special fund of the Sponsor and that all expenditures from the Fund w~l be solely for an'port purposes Such fund may be an account as part of another fund, but must be accounted for m such a manner that all revenues, expenses, retmned earnings, and balances m the account are discermble from other types of moneys identified m the fund as a whole The Cl_ty of Denton, Texas (Sponsor) Title ACM, Finance Date April 17, 2001 16 ATTACI-IMENTB CERTEFICATION OF PROJECT FUNDS TxDOT Contract No IXXFA002 TxDOT CS]No 0118DNTON The Sponsor does cemfy that sufficient funds to meet the Sponsor's share of project costs as identified m the Auport Project Pamclpat~on A~reement for smd project va11 be avmlablo m accordance voth the schedule shown below SPONSOR FUNDS Source Amount Date Avmlable c.o. Bonds $12,000 10-20-2001 GeneraA ~'una $4,600 Io-i-zoui The Sponsor, has caused this to be duly executed m its name, tlus day of ., 2001 The C~_ty of Denton~ Texas (Sponsor) Title ACM, Finance 17 Excouhve Order 1124~ - Equal Employmmt Oppo~miy t Ex~:~hv~ O,~der 11 ~0 - Prot~tmn of W~,lands E~w ~ 11~8 - ~ PI~ Y~ ~ ~ 12372 ~ R~ ~F~ ~ 18 Federal Regulaltons 14 CFR pul 13 Invesl3~atl'~ ~ ~ b 14 C~Pm 16 Ru~ ~ F~ F~y ~ ~ ~ ~ o 14 C~ P~ 150- ~ ~ ~bd~ pl~ 29 C~ P~ 1 - ~ f~ ~ ofw~e e 29 C~P~3 ~ ~ ~ ~ ~blic ~d~ ~bho w~ ~ m ~le ~ by ~ (~ ~ ~ ~m~ ~h~l~ ~ ~ ~ ~bJ~ ~ ~o ~ W~ 49 C~ p~ lg. U~ ~ ~ f~ ~ ~ ~ve ~ ~ ~ ~ 1~ go~ s 4~ C~ P~ 20 - N~ ~ ~ ~ ~T~ ~ ~ Cml ~U 4~ C~ P~ 24 -~ ~1~ ~ 49 C~P~ 27 N~ ~ ~ of~ m ~ ~ ~ ~ ~ ~ ~F~ o O C~ P~ 2~ - ~ ~ ~ b A-I 3~ - ~ of ~.!~. ~ ~v~ (2) (3) 49 C~ P~ I g ~ OMB C~ T~e 49, ~ ~ ~ ~r ~ A~ It ~ ~ ~ ~1~ f~ ~ ~ ~j~ ~ ~ ~ ~ ~ ~d ~ ~ ~ ~ho ~ ~ F~ gov~ ~1~ g~ ~ ~ ~ ~,~ ~ ~ of ~ ~ ~ P~e~ 19 20 21 ~ ~ ofl~ ~j~ ~ m~ ~ ~ o~ ~ ~ ~ ~ ~ ~bl~ ~ ~ ~bhc ~ b ~y~ ~ 1~ ~~ a ~t ~e~ ~ ~ ~ ~ ~ ~ ~ ~ r~lm~ ~y ~ ~ly ~1~ ~ ~ ~ ~ ~ ~ m~ ~ ~ ~y ~ ~ ~ o~ ~ ~ o~ ~l~ [~1~ ~ ~ ~y~2 ~ ~ ~y ~vmt~, ~ ~ cl~ ~ ~ ~ ~ ~ ~ m b ~o~ ~ ~ ~ ~m ~& ~ ~ wmld ~~m°f~ 1~ ~~my~T~e49 ~ ~ m ~!,~m~ f~ ~ ~ ~ f~ ~ of~ ~ ~ ~mu~ g~ ~ ~ ~ ~ my l~ ~ ~ a~ ~1 ~ ~ ~ 30, 19~, ~ 22 23 24 CURRENT FAA ADVISORY CIRCULARS FOR AlP/PFC PRO/ECTS uv~m~d o. 7/1/99 The follovang ~/¥1y to high All%nd PFC Pro3 ecis NUMBER TITLE 70F/4~0-1.1 1~0/~0~0-13 ,Ar~ou~ofAv~J~odfly-RTCAIr~ Docum~tRTCA221 Ouldar~ar~t 150/$100 14~ Ar~ Eagrue~nn& ~ pla~mng Comult~m $~w~c~ for A~ (~nt Frojec~ 150/$200 3:~ Haz~dom Wddkfe 1 ~0/$210 ~B ! $0/5210 7B .turcrd~ Fu'e ~] R~zcu~ Commv, mc~e~-~ 150/$210-13A Waler Rescue PIan~ F~c~ hh~, ~ Equtpmeai 150/5210-14A .4~ F~ and Reacue P~-sonne! Pr~ec~w Cioihmg 150/$210-15 ~ Rescue & Fir~figh~ng ~o~ Bullg~ D~n 150/5210 15 150/~210 19 ~vffs ~ Vml~ ~ ~EVS) 150/522510B ~i~ S~ ~ W~ ~ ~ R~e ~ Fafi~ V~cl~ 150/5220 13B 150/522516B 150/5220-17A ~ ~ f~ ~ ~e F~ T~ F~Im~ 150/5220 lg 150/5220 19 ~l& 8~ f~ g~[ ~ ~ ~ R~e ~ F~ V~cl~ 150/522~2 lA 150/53~14 ~l~ ~ ~ F~ 1~0/~320-$B 150/~320~D ~ P~v~ ~ ~ Ev~ 1~0/~320-14 110/~320-1 ~ ~ Pav~ ~ f~ ~ ~ ~7 ~1~ 1~0/~325~ CHO 1 R~y 1 ~0/53~10 150/53~1~ T~y 1~0/53~B 150/53~27A 150/~34~3D 150/534~A 150/534~. CHO 1 ~ f~ ~4 ~ EI~ ~1~ ~ ~ ~mg C~ 150/~345-10E $~ f~ ~ ~ R~I~ ~1~ M~ 1~0/5345 lfl~ 150/5345 27C S~ 1~0/134~1C, CHG 1 1 ~0/~345~3E 8~ f~ 1~0/~34~A 1~0/~345~A 8~ 150/5345~7A 1~0/5345-50. CHG 1 150/5345-51~ CHO 1 150/5341-~2 ~ ~ Oh~ ~ (OVO0 1 $0/53~9 p~ 25 26 ATTACI-IMENT D CERTIFICATION REGARDING DRUC~FREE WORKPLACE REQUIREMENTS A~ The grantee certtfiez th~ It w~ or w~ cimtmue to provide a drug-free workplace by (a) Pubhshmg a statement notifying employees that the u~awfid manufacture, dianbu~on. &spensmg, possesmon. or us~ of a conh'oHod subsiance Is proh~b~d m ~ grantee's workplace and specking the a~ons that va~ b~ taken against employees for violahon of linch prohlbihon (b) Estabhshmg an ongoing drug-free awareness program W mfonn omployces about- (1) Tho dana. s of drug abus~ m t~e workplace. (2) The grantee's pohoy ofmamt~,-,-g a drug-free workplace, (3) Any available chug couns~hng, r~habdl~lon, and employee asmstance programs, and (4) The penalhe~ ~aat may be imposed upon employees for drug abuse violahons occurring m ~he workplace, (c) Making it a requ~ment flint each employee ~) be ~ngagcd m ~ac performance of the grant be given a copy of thc sia~m~mt r~qmr~d by paragraph (a). (d) No~Cymg th~ employee m ~o siah~n~nt reqtured by paragraph (a) ~ha~ as a con&hon of elnployment under (1) Ab~de by tho ia-ms ofth~ sh~ment, and (2) Notify the employer m wntmg of ha or her con, achon for a v~olahon of a cnmmM drug s~tute occumng in the workplace no later than five colendar days after such conxachon, (¢) Notifying the a~ency m wn~ng, wflun t~n calendar days after receiwng noUee under paragraph (d)(2) from an employee or othervase recmvmg aotual notice of such conwc/aon Employers of convicted employees must provide noh0~, In~nd!n~ posl~O~ ii,e, tO ev~y ~r~nt Officer or other designee on whose grant ac~vlO] the convl~d cmployeo wa~ working, unle~s tho Federal agency has demgna~d a c~n~ point for ~e roce~pt of such nohces Nohce~ ~ molude the lden~fioahon number(s) of each affec~d grant. (0 Ta~m~o one of the following achons, w~0am 30 c~dendar days ofrcc~vmg nohce under paragraph (d)(2), respect to any employee who is so conwcted- ( 1 ) Tarn! appropn/de personnel achon against such an employee, up to and including termmahon, conmstcnt with the requu~ments of fl~e Rehabfll~hon Act of 1973, as amended, or (2) Reqmnng such employee ~ parhc~pa~ sa~sfacWrfly m a drag abuse asms~nce or rchabih~hon program approved for stwh purposes by a Feder~d, S~, or locld hcldtb, law enforccmen~ or other appropna~ (g) Making a good faith effo~ to continue W mam~m a drug-free workplace through unplementahon of paragraphs (a), Co). (~), (d). (e), and (0. B The 8raa~ may mse~ m the space prow&d below the m~(s) for ~ performance of work done in connecUon ~e speciflo grant Place ofp~rformsnee (S~eet address, cl~, county, sia~, mp code) Den~on ~un±c±pal A±rpor~ 5000 Airport Road Denton. TX 76207 Check ~f ~ere are workohc~ on file that are not ~&ntuied here Typed Name nnd T~tle of Sponsor Representative ATTACHMENT E 27 PAVEMENT MAINTENANCE MANAGEMENT PROGRAM An effecave pavement maintenance management program is one that detmls the procedures to be followed to assure that proper pavement maintenance, both prevemat~ve and repmr, Is performed An mrport sponsor may use any form of inspection program tit deems appropriate The program must, as a wammum, include the following 1. Pavement Inventory. The following must be depicted m an appropriate form and level of detads Locatton of all runways, tayaways, and aprons Dtmenslons Type ofpavemant Year ofconstructton or most recent rehabflitat~on For compliance vnth the Auport Improvement Program assurances, pavements that have been constructed, reconstructed, or repmred w~th Federal financial assistance shall be so depicted 2. Inspection Schedule. a Detatled Inspection A detaded inspection must be performed at least once a year If a h~story of recorded pavement deterioration is av0alable, i e Pavement Condttton Index (PCI) survey as set forth m Advisory Ctrcular 150/5380-6, Guidelines and Procedures for Maintenance of Atrport Pavements, the frequency ofmspecttons may be ex~ended to three years b Drive-by Inspectton A drive-by mspectton must be performed a mmunum of once per month to detect unexpected changes m the pavement condition 3. Record Keeping. Complete reformation on the findings of all det~uled mspecttons and other mamtanance performed must be recorded and kept on file for a nummum of five years The types of distress, then locattons, and remedial actton, scheduled or performed, must be documented The mmun mformatmn to be recorded ts hsted below a inspection date b location c dtstress types d mamtenance scheduled or performed For drive-by mspect~ons, the date of inspection and any maintenance performed must be recorded 28 4 Information Retrieval. An ~urport sponsor may use any form of record keeping it deems appropriate, so long as the lnformataon and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required 5 Reference. Refer to Advisory Circular 150/5380-6, Gu~dehnes and Procedures for M~untenance of Au'port Pavements, for specific gutdehnes and procedures for ma~ntmnmg au-port pavements and estabhshmg an effective mmntenance program Specific types of d~stress, their probable causes, inspection gu~dehne, and recommended methods ofrepaar ar~ presented 29 Agenda No ~ - Agenda item_.~-- AGENDA INFORMATION SHEET AGENDA DATE: May 1, 2001 DEPARTMENT: Parks and Reereatmn Department ACM: Dave Hill, Assistant City Manager~ SUBJECT Consider approval of a resolution allowmg Metzlers Food and Beverage to be the sole partmApant allowed to sell alcohohe beverages at the C~nco de Mayo Celebratmn on May 5, 2001, upon certmn condAtlons, authorizing the C~ty Manager or h~s designee to execute an agreement m conformity w~th th~s resolution, and providing for an effective date BACKGROUND The CAnto de Mayo Committee, made up of commumty volunteers and C~ty staff voted for the fourth eonsecutAve year to support the sale of alcohol at the event, allowing Metzlers Food and Beverage Restaurant to be the sole proprietor of th~s product Metzlers Food and Beverage Restaurant will be responsible for rental of the booth space, obtaining the temporary hcense, and securing the temporary permit All proceeds from the sale wall support further Cmeo de Mayo Celebration events The annual Cmco de Mayo Celebratmn event As a H~spanm cultural festival, co-sponsored by the C~ty of Denton, Parks and Recreation Department It is held m C~vm Center Park and ~ncludes a parade, local vendors, children's actlwt~es, entertamment and an evening dance The free daytime event runs from 10 00 a m - 6 00 p m A dance ~s held m the CAwc' Center from 8 00 p m - 1 00 a m, where an admission price is charged The event continues to expermnee growth each year m commumty partmApatAon through local vendors and entertmnment Last year's event hosted around 6,000 partAcApants wAth 60 vendors and two entertmnment stages Th~s would be the fourth year that alcohol wall be sold at th~s event Th~s year Ben E Ke~th and Mdler Beer of Denton are the major commtmAty sponsors OPTIONS Councd options include the approval or demal of the ordinance and agreement as submitted Councd may also opt to modify the agreement to ~nclude addAtAonal or modified reqmrements RECOMMENDATION. Staff recommends approval of the ordinance and agreement as submitted, which ~s consistent with agreements w~th other co-sponsored events, such as the Denton Arts & Jazz Festival ESTIMATED SCHEDULE OF PROJECT The Cmco de Mayo Celebration ~s May 5, 2001, from 10 00 am - 6 00 p m A dance ~s held m the C~wc Center from 8 00 p m - 1 00 a m The sale of alcohol wall be hm~ted to the daytime event PRIOR ACTION/REVIEW. At the March 28, 2001, meeting the Parks and Recreation Board unammously recommended approval of this ~tem FISCAL INFORMATION This actmn has no impact on the City's General Fund budget All costs and revenue from th~s actmn will be solely the responslbthty of the Metzlers Food and Beverage Restaurant BID INFORMATION' Not applicable EXHIBITS: a Resolution b Contract c Request Letter d Parks Board Minutes of March 28, 2001 RESPECTFULLY SUBMITTED Ed Hodney, D~rector J Parks and Recreat~epartment Prepared by Ja~le~Mcl~, ~dthlmstrat~e Assistant P~ks ad Recreation Department F/aw Couned/Cm¢odeMayo 2001 doc 2 EXHIBIT RESOLUTION NO A RESOLUTION ALLOWING METZLERS FOOD AND BEVERAGE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE CINCO DE MAYO CELEBRATION ON MAY $, 2001, UPON CERTAIN CONDITIONS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton ("City") ~s the owner of the Ctwc Center Park and through the Park and Recreations Department co-sponsors a Clnco De Mayo Celebration at the C]wc Center Park, WHEREAS, the consumption of alcohohc beverages is allowed In the C~vic Center Park pursuant to C~ty of Denton Code, {}22-32 (b), WHEREAS, the City Counml finds that ~t is ~n the pubhc interest to select only one vendor of alcoholic beverages at the Cmco De Mayo Celebration, and WHEREAS, Roy Mezler doing business as Metzlers Food and Beverage (called "Metzlers") has requested that they be sole parhclpant allowed to sell alcohohc beverages at th~s year's C]nco De Mayo Celebration on May 5, 2001, and WHEREAS, the Parks and RecreaUon Board has recommended that Metzlers be the sole partlmpant allowed to sell alcohohe beverages at the Cinco De Mayo Celebration, and WHEREAS, the City agrees with the recommendation of the Parks and Recreation Board, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1 Metzlers shall be the sole participant allowed to sell alcohohc beverages at the Cmo0 De Mayo Celebration on May 5, 2001 at the C]vm Center Park upon the following conditions 1 They shall be responsible for rental of any booth space necessary, [ 2 They shall be responsible to obtain the temporary hcense and penmt for selhng alcohohc beverages approved by appropriate state agency, 3 They shall promde the ~ecurity necessary for the sale of alcohohc beverages, 4 They shall prowde general comprehensive habthty ~nsurance from a responsible career, w~th the City as an additional insured, in the amount of $500,000 00 I 5 Agrees to llldemnlfy the C~ty of Denton agmnst any habthty mmdent to the selling of alcohohc beverages at the Canco De Mayo Celebratmn SFCTION 2 The C~ty Manager or has designee as authorized to execute an agreement an conformaty w~th this resolution, whmh shall be substantially an the form of the agreement attached hereto and made a part hereof by reference SECTION 3 Thru resolution shall become effective ammed~ately upon ~ts passage and approval PASSED AND APPROVED th~s the day of ,2001 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM S \Our Doeument~\R~solut~ons\01\Ctnco De Mayo alcohol sell doc EXHIBIT CIVIC CENTER AGREEMENT FOR THE CINCO DE MAYO CELEBRATION STATE OF TEXAS § COUNTY, OF DENTON § This Agreement, made this __ day of April, 2001, by and between the City of Denton, a,municipal corporation, hereinafter referred to as the "CITY" and Roy Metzler doing business as METZLER'S FOOD AND BEVERAGE (called "METZLER'S') WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows ARTICLE 1 GENERAL The City grants to METZLER'S the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions herelnat~er set forth, for the Clnco De Mayo celebration on May 5, 2001 to be held at the Civic Center Park Attached hereto and made a part hereof by is a copy of the resolution passed by the City Council of Denton, Texas authorizing this privilege ,This privilege docs not extend beyond the date of the Cmco De Mayo celebration set for the year 2001 ARTICLE 2 SCOPE OF SERVICES METZLER'S in order to exercise the privilege to sell alcoholic beverages must perform the following A METZLER'S shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcohohc beverages at the Clnco De Mayo Celebration B METZLER'S shall be solely responsible to obtmn any temporary license and permit necessary for the selhng of alcoholic beverages at the Clnco De Mayo Celebration C METZLER'S shall be solely responsible for the obtalmng and paying for any security necessary for their sale of alcoholic beverages at the Clnco De Mayo Celebration METZLER'S failure to do any of the above and to show proper proof of comphance shall waive their right to exercise the privilege of selling alcoholic beverages at the Clnco De Mayo Celebration ARTICLE 3 LOCAL RULES AND REGULATION METZLER'S agrees to abide by all municipal, county, state and federal laws, ordinances, rules and regulations and specifically, without limitation, the Denton Civic Center Rules and Regulations, to obtoan all necessary and proper licenses, permits and anthonzatlons, and to comply with the requirements of any duly authorized person acting in connection therewith METZLER'S shall pay all taxes, if any, of every nature and description ansmg out of or in any manner connected with the sale of alcoholic beverages METZLER'S will exercise reasonable care and duc diligence in their sale of alcoholic beverages at the Clnco De Mayo Celebration ARTICLE 4 INDEMNITY AGREEMENT METZLER'S shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all llabdlty, claims, demands, losses, and expenses, including but not hmited to, court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of METZLER'S or it officers, shareholders, agents, or employees in 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 waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agrccmant, including the defense of governmental immunity, which defenses are hereby expressly reserved ARTICLE 5 INSURANCE Dunng the performance of the Agreement, METZLER'S shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Careers of at least an A- or above A Comprehensive General Llablhty Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $$00,000 in the aggregate, and with property damage limits of not less that $I00,000 for each occurrence and not less than $ ~00,000 in the aggregate B METZLER'S shall furnish insurance certificates or insurance policies at the CITY'S request to evidence such coverages The insurance pohcles shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance Clnco De Mayo Celebration Agreement - Page 2 6 shall not be canceled or modified without written notice to the CITY and METZLER'S In such event, METZLER'S shall, prior to the effective date of the change or cancellation, serve substitute pohcles furmshmg the same coverage ARTICLE 6 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mmled to the respective parties by depositing same in the United States mail to the address shown below, certified mml, return receipt requested, unless otherwise specified herein Mmled notices shall be deemed communicated as of three (3) days' mmhng To METZLER'S To CITY METZLER'S FOOD AND BEVERAGE CITY OF DENTON Roy Metzler City Manager 628 Londonderry Lane 215 E McI<hnney Denton, Texas 76205 Denton, Texas 76201 (940) 591-1652 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mallmg ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, d~scusslons, communications, and agreements which may have been made in connection with the subject matter hereof ARTICLE 8 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent junsdmtlon to be invalid or unenfomeable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision, 7 C~nco De Mayo Celebration Agreement - Page 3 ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, METZLER'S shall not discriminate agmnst any person on the basis of race, color, rehg~on, sex, national ong~n or ancestry, age, or physical hund~cap ARTICLE 10 PERSONNEL A METZLER'S represents that it has or w~ll secure, at its own expense, all personnel reqmred to perform all the services reqmred under th~s Agreement Such personnel shall not be employees or officers of, or have any contractual relations w~th the CITY ARTICLE 11 ASSIGNABILITY METZLER'S shall not assign any interest ~n th~s Agreement, and shall not transfer any ~nterest m th~s Agreement (whether by assignment, novatton, or otherwise) w~thout the prior written consent of the CITY ARTICLE 12 MODIFICATION No waiver or modfficat~on of this Agreement or of any covenant, condition, or limitation here~n contmned shall be vahd unless ~n writing and duly executed by the party to be charged therewith, and no ewdence of any wmver or modfficat~on shall be offered or received ~n ewdence in any proceeding arising between the part,es hereto out of or affecting this Agreement, or the rights or obhgat~ons of the part, es hereunder, and unless such waiver or modfficat~on ~s ~n writing and duly executed, and the part, es further agree that the prows~ons ofth~s section will not be wmved unless as set forth here~n ARTICLE 13 MISCELLANEOUS A The following exhibits are attached to and made a part of th~s Agreement (hst exhibits) Exh~btt "A" Resolution No . B Venue of any stat or cause of action under tfus Agreement shall he exclusively ~n Denton County, Texas Th~s Agreement shall be construed ~n accordance w~th the laws of the State of Texas C The captions of th~s Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of th~s Agreement C~nco De Mayo Celebration Agreement - Page 1N WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by ~ts duly authorized City Manager, and METZLER'S has executed thru Agreement through Its duly anthonzed undersigned officer on th~s the day of April, 2001 CITY OF DENTON, TEXAS Howard Martin, ACTING CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY METZLER'S FOOD AND BEVERAGE WITNESS.~ ~ Clnco De Mayo Celebration Agreement - Page 5 9 EXHiB' CITY OF DEN'FON P~RX$ & F~E~'C'JD~ttr~.l March 19, 2001 Ed Hodney Director of Parks and Recreation 321 E McKmney Denton, TX 76202 Dear Mr Hodney, This letter is to request that the Cmco de Mayo Celebration be placed on the City Council Agenda to request a resolution to sell beer during the event on Saturday, May 5, 2001 We have been approached by Nopales Restaurant to utilize their alcohol permit to sell beer No one non-profit organization has been guaranteed to be the serving agent, but several have been considered This year the Cmco de Mayo Celebration has once again expanded We have included a third stage, which guarantees tremendous growth to the event Your continual support is important to the success of our event If you have any questions, please feel free to call me at 566-5851 Thanks for your assistance Sincerely, Nlcole Vazquez Cinco de Mayo, Chair 10 DRAFT 'D Parks, Recreation and Beautfficatlon Adwsory Board March 28, 2001 Doma Recreation Center 6 00pm Members present Dalton Gregory, Gert Asehenbrenner, Teresa Andress, Dale Yeatts, and Brenda Pbalhps Members absent Don Edwards, excused, Brandon Barnes, and Gwendolyn Carter, excused Staff present Ed Hodney, Janet S~mpson, Jame McLeod, John Wh~tmore, Emerson Vorel, Bob Tmkner, and Lancme Bentley Other guests present Nancy MeBeth, Planner, Planmng and Development Department, and N~eole Vazquez, Chmr of the Cmeo de Mayo committee Dalton Gregory, V~¢e Chmrman called the meeting to order at 6 10 p m Approval of Minutes A motion was made by Dale Yeatts to approve the manutes of the February 28, 2001 meeting Brenda Phflhps seconded the motion and ~t was approved tmammous ACTION 'ITEMS Leg~lattve Report Janet S~mpson chscussed House Bill 2203 that ~s related to the construction of facilities and trails for bicycles and electric b~cycles, House Bill 2291 ~s related to beverage container redemptaon and recycling and prowdes penalties, State Bill 108 ~s related to the first day of instruction of a school year for pubhc school students Janet added that no action has occurred on the CARA or LWCF ~ssues Actmn No action was needed from the Board Sale of Beer at Cmco de Mayo N~cole Vazquez requested that the Board approve Cmco de Mayo Committee request for the sale of alcohol at the fourth annual event Ms Vazquez smd that LULAC dec~ded not to sponsor the event flus year due to the d~fficulty of recrmtlng volunteers to work at the event Ms Vazquez smd that Ben E Ke~th and Miller Beer would be the sponsor of the alcohol sales The proceeds from all sales will go back into the event Action Dale Yeatts moved that the request to sale alcohohc beverages at the C~nco de Mayo Celebration be approved Teresa Andress seconded the motion and ~t was passed unammous DISCUSSION ITEMS Recetve Brief on Development Code on Trees Nancy McBeth, Planner w~th the Planmng and Development department d~scussed rems~ons of the 30-year old development code Ms McBeth d~scussed how habitats would be protected, developments will be based on s~ght analys~s and would work w~th the natural terrmn of the land, non-conforming braiding/land usages, and the protection of large trees AGENDA INFORMATION SHEET AGENDA DATE May 1, 2001 DEPARTMENT. Community DevelopmentfMaln Street . )c ACM: Dave Hill, Director of Planning and Development"/v' ~ SUBJECT Consider a resolution of the City of Denton, Texas supporting the H~stonc Homeownersh~p Assistance Act and urging Congress and the President to enact ~t expedltmusly, and providing an effective date BACKGROUND The United States Legislature will reconsider the Historic Homeownershlp Assistance Act dunng th~s session The HHAA would prowde a 20 percent tax credit to a homeowner against their federal mcome taxes for rehabd~tat~on expenses up to $40,000 on a primary residence This act would benefit moderate-income taxpayers and allow for relaxed historic rehab~htat~on standards in distressed neighborhoods The HHAA would help preserve and revitalize historic Denton neighborhoods by expanding homeownershlp and encouraging the rehabflitat~on of historic properties ESTIMATED SCHEDULE OF PROJECT N/A OPTION 1 Approve resolution 2 Deny resolution PRIOR ACTION/REVIEW The Texas Historic Commission recommends support of this bill FISCAL INFORMATION N/A EXHIBITS Resolution Respectfully submitted Llnda Rathff, D~rector Commumty Development lYet~rtment Prepared by Juhe Glover Mmn Street Manager -2- S \Our Documents~solutlons\01\Hlston¢ Homeownershlp Resolution doc RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS SUPPORTING THE HISTORIC HOMEOWNERSHIP ASSISTANCE ACT AND URGING CONGRESS AND THE PRESIDENT TO ENACT IT EXPEDITIOUSLY, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Representatives clay Shaw and John Lewis plan to reintroduce the Historic Homeownerstnp Assistance Act in the Umted States House of Representatives, and WHEREAS, the Htstonc Homeownershlp Assistance Act enjoyed broad b~partlsan support ~n the 106th Congress, and WHEREAS, the Historic Homeownershlp Assistance Act would provide a 20 percent tax credit to a homeowner against the homeowner's federal income taxes for rehabthtat~on expenses up to $40,000 on a primary residence that ~s located ~n a federal, state or h~stonc d~stnct, and WHEREAS, the Hmtonc Homeownerslup Assistance Act would benefit moderate- income taxpayers by allowing the credit to be claimed ~n the form of a mortgage credit transferred to a bank or lender to reduce mortgage interest rates for those taxpayers w~thout adequate tax liability to clmm the credit, and WHEREAS, the Historic Homeownersh~p Assistance Act would not allow the credit to be claimed for the cost of expanding a house, and WHEREAS, the H~stonc Homeownerslup Assistance Act would allow for relaxed lustonc rehabilitation standards m dastressed neighborhoods if the cond~tlon of the property or the neighborhood warranted such a relaxatmn, and WHEREAS, the National Trust for Historic Preservation estimates that Texas has 271 hmtone districts w~th 17,871 lustonc buildings, mcludmg 171 historic d~stncts w~th 15,754 hmtonc bmldmgs that are located m census tracts with 20 percent or more poverty, and WHERAS, the Historic Homeownersh~p Assistance Act would preserve and rev~tahze hmtonc Denton netghborhoods by expanding homeownerslup and encouraging the rehabilitation of historic properties, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The C~ty of Denton supports the H~stonc Homeownersbap Assistance Act and urges Congress and the President to enact it expeditiously SECTION2 That this resolution shall become effective ~mmedmtely upon its passage and approval PASSED AND APPROVED tNs the __. day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ~ 4 Agenda Date 5--, LLI, (J AGENDA INFORMATION SHEET AGENDA DATE' May 1, 2001 DEPARTMENT. Utility Administration ACM Howard Marl~n, ACM/Utilities 349-8232 SUBJECT AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON CJ~vV PARTNERS. FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF SEWER MAIN AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE BACKGROI~D Denton CJW P'~artners (owner) is developing the Vintage Development, over 400 acres along IH 35W and,Bonme Brae P, oad m the southwest part of the C~ty (see Exhibit I) Sewer service for tl~s development w~ll be avmlable by tying ~nto the Htekory Creek Interceptor Sewer For th~s, construction of off-site sewer ~s reqmred The owner has proposed construction of off-rote sewer on the north s~de of the proposed development The C~ty of Denton Wastewater Collection System Masterplan Shows a 18-mch and 24-meh sewer line at the location proposed by Vintage Development The proposed development needs 12-tach and then 15-tach sewer to serve the property Overmze of the 12-tach and 15-meh sewer to 18-tach and 24-tach sewer ~s reqmred to serve the future development m tl~s eomdor The project consists of approximately 4,112 linear feet o£ off-site 12-tach and 15-tach sewer main to be overmzed to 18-~neh and 24-meh sewer The owner has prowded b~d data for the 12-tach and 15-tach sewer as well as 18-tach and 24- tach sewer hnes (see Exhibit II) The City oversize cost participation ~s estimated at $46,310 Staffhas rewewed the bid data and find the umt prices acceptable OPTIONS · Partac~pate m overs~zmg of the proposed off-site sewer mare to accommodate future growth at a reduced cost now · Do not participate m overs~zmg and bmld a parallel sewer mmn m future at s~gmficantly greater cost RECOMMENDATION A~er evaluatmn of the proposed off-site improvements by Denton CJW Partners, staff recommends acceptance of smd cost participation for the amount of Forty-six Thousand Three Hundred Ten Dollars ($46,310 00) ESTIMATED SCHEDULE OF PROJECT April 2001 to June 2001 PRIOR ACTION/REVIEW (Council, Boards, Commissions) PUB recommended approval of the oversize cost participation agreement on April 16, 2001 FISCAL INFORMATION There is $100,000 00 in bond funds available for the oversize cost partmlpatlon agreement The FY2001 CIP detml sheet is attached as Exhibit III Respectfully subnutted J~m Coulter D~rector Water Wastewater Utflltms Pr~~~_~ P S ~Aro/~a~ P E Assistant Director Wastewater Utflmas Exhibit I Location Map Exhlblt II Bid Tabulation Sheet Exlublt III FY 2001 CIP Detml Sheet Exhibit IV Ordinance Exh~bn V Contract 2 VINTAGE DEVELOPMENT 18" & 24" SEWERLINE PROPOSED 24" SEWERkI~ ~~1 PROPOSED I O" SEWE~L'NE ~~ HiCKORYCREEK INT~RCE~OR 21 / VI:NTAG E DEVELOPMENT ctr~ o~ o~ro~ EXHIBIT WATER UTILITY ~ 1 ,nchequalsl,000feet Preconstruction Cost Off-Site Sanitary Sewer Base Costs item Descr~ptlon Qty UnIt UmtPrme Total 1 15" SDR 35 SEWER LINE 2515 LF $ 1200 $ 3018000 2 12" SDR 35 SEWER LINE 1597 LF $ 900 $ 1437300 3 10" SDR 35 SEWER LINE 18 LF $ 800 $ 14400 4 8" SDR 35 SEWER LINE 989 LF $ 700 $ 692300 5 4' STANDARD MANHOLES 3 EA $1 650 00 $ 4 950 00 6 5' STANDARD MANHOLES W/WT LID 12 EA $2,000 00 $ 24 000 00 7 EXTRA DEPTH 5'MH 109 VF $ 11500 $ 1253500 8 EXTRA DEPTH 4'MH 8 VF $ 7500 $ 60000 9 4" SERVICES ON 8" PIPE 12 EA $ 26000 $ 312000 10 4" SERVICE ON15" PIPE** 1 EA $ 35000 $ 35000 11 24" STEEL CASING (1/2"THK1 DIRECT BURY 54 LF $ 60 00 $ 3 240 00 12 8'- 10' TRENCH AND BACKFILL 268 LF $ 16 50 $ 4,422 00 13 10'- 12' TRENCH AND BACKFILL 338 LF $ 16 50 $ 5,57700 14 12- 14' TRENCH AND BACKFILL 369 LF $ 16 50 $ 6,088 50 15 '14'- 16 TRENCH AND BACKFILL 1537 LF $ 16 50 $ 25 360 50 16 16'-18' TRENCH AND BACKFILL 2625 LF $ 1650 $ 4331250 17 TRENCH SAFETY 5137 LF $ 260 $ 1027400 18 ONE-SA~KCONC BACKFILL 44 LF $ 50 00 $ 2,200 00 $197,649 50 Oversize Costs Item Description Qty Umt UmtPrme Total 1 24" SDR 35 SEWER LINE 2515 LF $ 23 50 $ 59 102 50 2 18" SDR 35 SEWER LINE 1597 LF $ 1700 $ 2714900 3 15"~DR35 SEWER LiNE 18 LF $ 12 00 $ 216 O0 4 10" SDR 35 SEWER LINE 18 LF $ 8 00 $ 14400 5 8" SDR 35 SEWER LINE 989 LF $ 700 $ 592300 6 4' STANDARD MANHOLES 3 EA $1,650 00 $ 4 950 00 7 5' STANDARD MANHOLES W/WT LID* 12 EA $2,100 00 $ 25,200 00 8 EXTRA DEPTH 5'MH 122 VF $ 11500 $ 14,03000 9 EXTRA DEPTH4'MH 8 VF $ 7500 $ 60000 10 4" SERVICES ON 8" PIPE 12 EA $ 26000 $ 312000 11 4" SERVICE ON 24" PIPE** 1 EA $ 700 00 $ 700 00 12 36" STEEL CASING (I/2"THK) DIRECT BURY 54 LF $ 85 00 $ 4 59000 ' 13 18'- 10' TRENCH AND BACKF}LL 268 LF $ 16 50 $ 4,422 00 14 10'- 12'TRENCH AND BACKFILL 338 LF $ 16 50 $ 5 577 00 15 12'- 14' TRENCH AND BACKFILL 369 LF $ 16 50 $ 6 088 50 16 14'-,16' TRENCH AND BACKFILL 1537 LF $ 16 50 $ 25 360 50 17 16'-18' TRENCH AND BACKFILL 2625 LF '$ 1650 $ 4331250 18 TRENCH SAFETY 5137 LF $ 2 00 $ 10,274 00 19 ONE-SACKCONC BACKFILL 44 LF $ 50 00 $ 2 200 00 Participation $243,959 00 $ 46,309 50 * Manhole unit pnce ~s increased by $100 00 due to ~ncrease of larger boot ** Saddles required for services are larger, therefore cost increases Prepared by Civ#Grrl Englneenng, Inc 4/'13/01 Costs are based on bld from S J Louis (lowest b~d) 4 EXHIBIT I1 Capital Improvements Project Pro.~ect Title Oversize Sewer LInes Account 625 082- 0471 Actzvay/FERC oooo ~ ProJect Type Growth ProJect Scope Every-Year Project (~ro up ~J.$$1gnment 7 - Oversize Wastewatsr Lines Description Money allocated to pay the difference in const cost of ~ncreas~ng a S S line from the mm required design size indicated [n the subdivision regulations to a larger diameter Ires size needed m the future for increasing growth ~n an udeveloped area Pl~rpose Subdivision regulations dictate the mm required S S line size for new development based on projected usage ora newly platted area Durrthg DRC, ct[y w[ti rewew and ~f agrees to pay add~onal costs to increase rnm S S s~ze to meet future growth Funding Utd~ty Bonds Rscal Year Description Comment Date Oblect Code Amount 2001 Construction 10/1/00 I 9138 $100 000 O0 ! 2002 Construction 10/1/01 i 9138 $100 000 O0 2003 IConatructmn 10/I/02 I 9138 $100,00000 i 2004 IConstruct~n ii 10/I/03 9138 $100,000 O0 2005 Constructie~ I 10/1/04 9138 $I00,000 O0 I Utthty Bonds Total $500 000 O0 i Project Total [ $500 000 O0 ~ Comments Monday, October 02, 2000 Page 28 of 95 5 EXHIBIT III ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON CJW PARTNERS FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF SEWER MAIN AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WI-IEREAS, the City desires to partm~pate m the cost of overs~zmg a sewer mmn to be designed, installed, and constructed by Denton CJW Partners, m an mount not to exceed Forty S~x Thousand Three Hundred and Ten and No/100 Dollars ($46,310 00), m accordance with the prowslons of §34-118(b)(2) of the Code of Ordinances of the Cxty of Denton, Texas and Texas Local Government Code §212 072, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is authonzed to execute a Sewer Main Cost Participation ~eement Between the C~ty of Denton and Denton CJW Partners, for the overslzmg of ap~roxmaately 4,112 linear feet of off-site twelve and fifteen inch (12" and 15") sewer mmn to eighteen to twenty four tach (18" and 24") sewer mare, substantaally in the form of the attached Agreement, wbaoh is incorporated herewith and made a part of this ordinance for all purposes, subJeCt to Denton CJW Partners, entering into a Development Contract with the City of Denton, in accordance with Chapter 34 of the Code of Ordinances of the City of Denton, Texas SECTION 2 That the City Manager ~s hereby anthonzed to make the expenditures as set forth m the attached Agreement SECTION 3 That tbas ordinance shall become effective mmaedlately upon its passage and approval PASSED AND APPROVED th~s the day of ~ 2001 EIYL~E BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORiVl HERBERT L PKOUTY, CITY ATTORNEY 7 THE STATE OF TEXAS § COUNTY OF DENTON § SEWER MAIN COST PARTICWATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON CJW PARTNERS WHEREAS, Denton CJW Partners hereafter referred to as "Developer", whose bustness address ts 722 North F~elder, Arhngton, Texas 76012 wishes to develop and ~mprove certatn real property named "The Vintage" (as shown m Exhibit I, attached hereto and tncorporated hereto by reference), located in the Ctty of Denton, Texas or ~ts extratemtorlal junsdmtmn, and ~s reqmred to provide such real property w~th adequate sewer serwce~ by des~gmng, constructing, extending, and mstall,ng a grawty samtary sewer line of an ~ns~de dmmeter of twelve to fifteen roches (12" to 15"), hereafter referred to as the "Reqmred Fac~lmes", and WHEREAS, the Ctty of Denton, Texas, a Mummpal Corporation wtth ~ts offices located, at 215 East McK~nney, Denton, Texas 76201, hereafter referred to as the "City, ~n accordance with tts ordinances, wishes to parttctpate ,n the cost of the constructmn and ~nstallatton ~f smd sewer main to prowde for an "oversized" sewer mare to expand ~ts ut,hty system and t6xinsure adequate utd~ty servtce to other customers, NOW, THEREFORE, m considerat~on of the mutual prom~ses and covenants contained here,n the Developer and the C~ty AGREE as follows 1 Developer shall design, ~nstall, and construct approximately 4,112 hnear feet of e,ghteen and twenty-four (18" and 24") ~nch gravxty samtary sewer mmns and all necessary appurtenances thereto, hereafter referred to as the "Ovemzed Fac~htres" as shown on Exhibit I, attached hereto and ~ncorporated hereto by reference 2 As reqmred by Chapter 34 of the Code of Ordinances of C~ty of Denton, Texas, Developer wall enter rote a Development Contract prior to beg~nmng of construction of the Oversized FacllltmS Th~s Development Contract ~s attached hereto as Exh~btt II and tncorporated here~n by reference Th~s Agreement ~s subject to and governed by smd Development Contract and any other apphcable ordtnances of the City of Denton, Texas 3 Prior to begmmng of construction of the Overstzed Fac~ht~es, Developer shall obtmn, at Developer's sole cost and expense, all necessary permits, hcenses and easements The easements, deeds, and plats therefor obtained by Developer shall be rewewed and approved as to form and substance by Ctty prior to the begmmng of constructmn If Developer ~s unable to acqmre needed easements, Developer shall prowde C~ty w~th any requested documentation of efforts to obtmn such easements, tnclud~ng ewdence of negottatmns and reasonable offers made to the affected property owners Any easements for the Oversized Facdttms obtained by the Developer shall be asstgned to C~ty, ~f not taken ~n Ctty's,name, prior to acceptance of the Overstzed Famhttes, and Developer warrants clear t~tle to such easements and wall defend City against any adverse claim made against such tttle 8 EXHIBIT V 4 City's share in the cost of the Oversized Faclhtles Based upon the difference in the cost of mstalhng Required Facd~tles, as determined by City, and the cost of the Oversized Facilities, as determined by City, shall be in an amount not to exceed Forty Six Thousand Three Hundred Ten and No/100 Dollars ($46,310 00) City may elect one of the following methods to determine City's share of the cost a) Developer shall prepare plans and specfficatlons and furnish them to City City shall competit~vely bid the required line and the Oversized Facilities in accordance with Chapter 252 of the Texas Local Government Code The difference m the bids shall be used to determine the City's share, subject to City's maximum partictpanon In cost as specified in this Agreement, or b) Developer shall prepare plans and specfficatlons and take bids on the required line and the Oversized Facthtles City shall pay Developer the least amount of the following (1) The difference in the bids for the reqmred line and the Oversized Faclht~es, or (2) Partmipatlon by the City at a level not to exceed One Hundred percent (100%) of the total cost for any overslzlng of improvements required by the City, including, but not limited to increased capacity of improvements to anticipate other future development in the area, all as provided for in ~!k\, {}212 072(b) of the Texas Local Government Code, as amended, or (3) $46,310 00, the maximum participation cost allowed herein The City shall not, in any case, be liable for any additional cost because of delays in beglnnmg, continuing, or completing construction, changes in the price or cost of materials, supplies, or labor, unforeseen or unanticipated cost because of topography, soil, subsurface, or other site conditions, differences in the calculated and actual per linear feet of pipe or materials needed for the Oversized Facthtles, Developer s decision as to the contractors or subcontractors used to perform the work, or any other reason or cause, specified or unspecified, relating to the construction of the Oversized Facilities 5 The City will make monthly payments for its share of the Oversized Facilities The Developer shall submit monthly pay requests on forms provided by the City The Developer's engineer shall verify that each pay request is correct Each pay request, along with the engineer's verification, shall be submitted to the Engineering & Transportation Department of the City The City will retain ten percent (10%) of the total dollar amount until the project is accepted Payment by the City to the Developer will be made within thirty (30) days of receipt of the pay estimate and the engineer's verification 6 To determine the actual cost of the Oversized Facilities, City shall have the right to inspect any and all records of Developer, his agents, employees, contractors or subcontractors, and shall have the right to require Developer to submit any necessary information, documents, lnvmces, receipts or other records to verify the actual cost of the Oversized Facilities 2 0 7 Alt notices, payments or communications to be given or made pursuant to this Agreement by the parties hereto, shall be sent to Developer at the business address g~ven above and to the Assistant City Manager for Utilities for C~ty at the address given above 8 Developer shall lndemmfy and hold C~ty harmless from any and all claims, damages, loss or habfllty of any kind whatsoever, by reason of ~njury to property or person occasioned by any act or om~sslon, neglect or wrongdoing of Developer, ~ts officers, agents, employees, mvltees, contractors or other persons with regard to the performance of this Agreement, and Developer shall, at its own cost and expense, defend and protect City against any and all such clmms and demands 9 If Developer does not begin substantial constructton of the Oversized Facilities within twelve (12) months of the effective date of execution of th~s Agreement, this Agreement shall terminate 10 This instrument embodies the entire agreement of the part,es hereto and there are no promises, terms, conditions or obhgatmns other than those contmned or ~ncorporated herein This Agreement shall supersede all previous communications, representations or agreements, whether verbal or written, between the parties hereto with respect to the subject matter ofth~s Agreement 11 [l~,Thts Agreement shall not be assigned by Developer without the express written consent of tli~'C~ty 12 Any and all suits for any breach ofth~s Agreement, or any other suit pertaining to or arlsmg out of th~s Agreement, shall be brought m a court of competent jurisdiction in Denton County, Texas This Agreement shall be governed by and construed in accordance w~th the laws of the State of Texas EXECUTED in duplicate original counterparts by the duly authorized offictals and officers of the City and the Developer, on th~s the day of ., 2001 CITY OF DENTON, TEXAS A Texas Municipal Corporation By HOWARD MARTiN iNTERiM CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY By 3 APPROVED AS TO LEGAL FORIVl HERBERT L PROUTY, CITY ATTORNEY By "DEVELOPER" Denton CJW Partners ATTEST J \WWDATA/Do¢$\PUB Agenda ltems~Vmtage\Sewer Mare Cost Pan~c~p Agrmt-Vm~age doe 4 Agend~ No ~ Agenda Item AGENDA INFORMATION SHEET 9ate ~-! AGENDA DATE May 1, 2001 DEPARTMENT: Utility Administration ACM Howard Martin, ACM/Utihtles 349-8232 SUBJECT AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON CJW PARTNERS FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF WATER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE BACKGROL~ ~ND The V~ntage Off-Site Water Mmn wall prowde adequate capacity to serve exlshng and future developments located w~than the Bonme Brae and Vintage Boulevard Area It will also provide a second future transmission llne to serve the southwestern servme area ~ncludmg Robson, Hfllwood and Country Lakes developments The hne will be originally connected to an 8-tach waterline and be subsequently connected m the future to a 30qnch waterline at the intersection of Roselawn and Bonme Brae Due to the lnmted capacity &the existing 8qnch waterline, Vintage Development owner Denton CJW Partners will be reqmred to provide a second water supply line to connect to the 20qnch H~ghway 377 waterhne to support the future phases of the development The project consists of approximately 7,465 hnear feet of 12qnch and 20-tach water main of wluch 6,365 lmear feet of 20-tach will be eligible for cost pamc~patlon RECOMMENDATION After evaluation of the proposed off-site improvements by Denton CJW Partners, staff recommends acceptance of smd cost participation for the amount of One Hundred E~ghty-five Thousand Four Hundred Fifty Nine Dollars and Zero Cents ($185,459 00) ESTIMATED SCHEDULE OF PROJECT April 2001 to June 2001 PRIOR ACTION/REVIEW (Council, Boards, Commissions) April 16, 2001 - Public Utlhtles Board recommended approval 6-0 FISCAL INFORMATION There is $185,459 00 in Water funds for th~s cost participation agreement Respectfully submitted Howard Mart~n Assistant C~ty Manager for Utlhtles Prepared by Assistant D~rector of Water Exhibit I Location Map Extnb~t II Bid Tabulation Sheet Exhibit III Ordmance Exhibit IV Contract 2 VINTAGE DEVELOPMENT 20" WATERLINE /~ '~ PROPOSED 20" WATERLINE / / / / / / CITY OF DENTON EXHIBIT I WATER UTILI~?'Y ~'., 1 tach equalS 1,000 feet ORDINANCE NO AN ORDINANCE AUTHORIZING TI-IE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON C/W PARTNERS FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF WATER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty desires to participate ~n the cost of overs~z~ng water mmns to be designed, installed, and constructed by Denton CJW Partners ~n an amount not to exceed One Hundred Eighty F~ve Thousand Four Hundred F~f~y N~ne and No/100 Dollars ($185,459 00), ~n accordance w~th §34-I18(b)(2) of the Code of Ordinances of the C~ty of Denton, Texas and TEX LOC GOV'T CODE §212 072, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTIDN 1 That the City Manager ~s authonzed to execute a Water Ma~n Cost Participation ~greemem Between the C~ty of Denton and Denton CTW Partners, for the construction and~ cost part~c~patmn of approxnnately 6,365 hnear feet of twenty tach (20") water hne, substantially ~n the form of the attached Agreement, wtuch m ~ncorporated herewith and made a part of tins ordinance for all purposes, subject to Denton CJW Partners, entenng into a Development Contract with the C~ty of Denton, m accordance w~th Chapter 34 of the Code of Ordinances of the C~ty of Denton, Texas SECTION 2 That the Ctty Manager ~s hereby authonzed to make the expenthtures as set forth m the attached Agreement SECTION 3 That flus ordinance shall become effective unmethately upon ~ts passage and approval PASSED AND APPROVED tlns the day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FOKlVl HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Ord~nancos\Ol\Water Mmn Cost Pamc~p Agrmt-Vmtage doc 7 THE STATE OF TEXAS § COUNTY OF DENTON § WATER MAIN COST PARTICIPATION AGREEMJENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON CJW PARTNERS WHEREAS, Denton CJW Partners hereafter referred to as "Developer", whose bus~ness address is 722 North Fielder, Arhngton, Texas 76012 wishes to develop and ~mprove certain real property named "The V~ntage" (as shown in Exhibit I, attached hereto and incorporated herein by reference), located tn the C~ty of Denton, Texas or ~ts extratemtorml junsdmtton, and ts reqmred to provide such real property w~th adequate collecnon capamty by deslgmng, constructing and ~nstalhng a water hne of an ~nstde diameter of twelve ~nches (12"), hereinafter referred to as the "Reqmred Facdmes", and WHEREAS, the C~ty of Denton, Texas, a Mummpal Corporation w~th its offices located at 215 East McKmney, Denton, Texas 76201, hereafter referred to as the "C~ty, tn accordance with its ordmances, w~shes to partmtpate in the cost of the construction and installation of smd water mmn to provide for an "oversized" water main to expand tis unhty system and insure adequate utility service to other customers, NOW~}2~ THEREFORE, in constderatmn of the mutual promises and covenants contained hereto the Developer and the C~ty AGREE as follows 1 Developer shall design, mstatl, and construct, approximately 6,365 linear feet of twenty tach (20") water hne and all necessary appurtenances thereto, hereafter referred to as the "Oversazed Famhttes' as shown on Exh~ba I, attached hereto and ~ncorporated herein by reference 2 As reqmred by Chapter 34 of the Code of Ordinances of City of Denton, Texas, Developer will enter into a Development Contract prior to beglnmng of construction of the Oversized Famhttes This Development Contract ~s attached hereto as Exhibit II and ~ncorporated herein by reference This Agreement as subject to and governed by smd Development Contract and any other apphcable ordinances of the C~ty of Denton, Texas 3 Prior to begmmng of construction of the Oversized Facflmes, Developer shall obtain, at Developer's sole cost and expense, all necessary permits, hcenses and easements The easements, deeds, and plats therefor obtained by Developer shall be rewewed and approved as to form and substance by City prior to the begmmng of constmctmn If Developer ts unable to acqmre needed easements, Developer shall provide C~ty w~th any requested documentanon of efforts to obtain such easements, including evidence of negotiations and reasonable offers made to the affected property owners Any easements for the Oversized Facdmes obtained by the Developer shall be assigned to City, ff not taken ~n City's name, prior to acceptance of the Oversized Facdmes, and Developer warrants clear ntle to such easements and will defend C~ty against any adverse clmm made against such nile 4 City's share tn the cost of the Oversized Facflmes ~s based upon the difference m the cost of installing Reqmred Famht~es, as determined by Cmty, and the cost of the Oversized Facflmes, as determined by C~ty, shall be tn an amount not to exceed One Hundred Eighty Fwe Thousand Four Hundred Fifty Nme and No/100 Dollars ($185,459 00) City may elect one of the following methods to determine City's share of the cost 8 EXHIBIT IV a) Developer shall prepare plans and speclficattons and furnish them to City City shall competitively b~d the required hne and the Oversized Facdtttes m accordance wtth Chapter 252 of the Texas Local Government Code The difference m the btds ~hali be used to determme the City's share, subject to Ctty's maximum partlctpatlon m cost as specffied tn thts Agreement, or b) Developer shall prepare plans and spemficattons and take btds on the required hne and the Oversized Famhttes Ctty shall pay Developer the least amount oft. he following (1) The dtfference tn the btds for the reqmred line and the Overstzed Faclhttes, or (2) Partlctpation by the City at a level not to exceed One Hundred percent (100%) of the total cost for any overslmng of improvements reqmred by the Ctty, including, but not hmtted to mcreased capacity of tmpmvements to antimpate other future development in the area, all as provided for in §212 072(b) of the Texas Local Government Code, as amended or (3) $185,459 00, the maxtmum partlclpatton cost allowed herein The C~ty ~all not, m any case, be liable for any addmonal cost because of delays tn begtnmng, e4nttnumg, or completing constructton, changes in the price or cost of materials, supplies, or labor, unforeseen or unantlctpated cost because of topography, sod, subsurface, or other site condtttons, differences In the calculated and actual per hnear feet of pipe or materials needed for the Oversized Facilities, Developer s dec~ston as to the contractors or subcontractors used to perform the work, or any other reason or cause, spemfied or unspemfied, relating to the constructton of the Oversized Facflmes 5 The City will make monthly payments for tts share of the Overstzed Famhties The Developer shall submtt monthly pay requests on forms provided by the Ctty The Developer's engmeer shall verify that each pay request ts correct Each pay request, along w~th the engineer's verification, shall be submitted to the Engtneenng &Transportatton Department of the Ctty The Ctty wtll retain ten percent (10%) of the total dollar amount untd the project ts accepted Payment by the City to the Developer wtll be made within thtrty (30) days of receipt of the pay esttmate and the engtneer's venficat~otz 6 To determine the actual cost of the Oversized Facdlt~es, City shall have the right to ~nspect any and all records of Developer, his agents, employees, contractors or subcontractors, and shall have the right to reqmre Developer to submtt any necessay lnformatton, documents, tnvmces, receipts or other records to verify the actual cost of the Oversized Facilities 7 All notices, payments or communications to be given or made pursuant to thts Agreement by the parttes hereto, shall be sent to Developer at the business address given above and to the Assistant C~ty Manager for Utilities for Ctty at the address given above 8 Developer shall mdemmfy and hold City harmless from any and all claims, damages, loss or habthty of any kand whatsoever, by reason of ~njury to property or person occasmned by any act or omtssion, neglect or wrongdoing of Developer, tts officers, agents, 2 employees, mvltees, contractors or other persons w~th regard to the performance of th~s Agreement, and Developer shall, at ~ts own cost and expense, defend and protect C~ty against any and all such clmms and demands 9 If Developer does not begin substantial construction of the Oversized Facilmes w~th~n twelve (12) months of the effective date of execution of th~s Agreement, this Agreement shall terminate 10 This instrument embodies the entire agreement of the part~es hereto and there are no promises, terms, conditions or obhgatlons other than those contained or incorporated here~n This Agreement shall supersede all prewous commumcauons, representations or agreements, whether verbal or written, between the parties hereto w~th respect to the subject matter of this Agreement 11 Th~s Agreement shall not be assigned by Developer w~thout the express written consent of the C~ty 12 Any and all suits for any breach of thts Agreement, or any other stat pertaining to or arising out of th~s Agreement, shall be brought m a court of competent junsdict~on m Denton County, Texas Thts Agreement shall be governed by and construed m accordance with the laW,~,,, of the State of Texas EXECUTED ~n duphcate original counterparts by the duly-authorized officials and officers of the C~ty and the Developer, on th~s the day of ,2001 CITY OF DENTON, TEXAS A Texas Municipal Corporation By HOWARD MARTIN INTERIM CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATrORNEY By 3 "DEVELOPER" DENTON CJW PARTNERS ATTEST J \WWDATA~Docs\PUB Agenda Item/xVinlage\Water Ma~n Cost Partlclp Agrmt Vintage doc 4 AGENDA INFORMATION SHEET AGENDA DATE: May l, 2001 DEPARTMENT: Utility Administration ACM' Howard Martm, ACM/Utilities 349-8232 SUBJECT AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED PROFESSIONAL SERVICES AGREEMENT WITH EMCON FOR COMPLETION OF CONSTRUCTION QUALITY ASSURANCE AND CONSTRUCTION MANAGEMENT TASKS FOR CITY OF DENTON LANDFILL CELLS 2A AND 2B; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE BACKGROL~ D The Construction of Czty of Denton Landfill Phase 2A and half of Phase 2B ~s near compleUon City had retmned the consultang firm EMCON for this phase of landfill construction for construction management, construclaon quahty assurance and testing services, wluch are required by TNRCC Before the construction began, City asked the Contractor to split the combined areas of 13 acres wlttun Cell 2A and half of Cell 2B ~nto two 6 5 acre cells This was done to expedate availability of fimshed landfill that could begin to receive waste at a date earher than February 1, 2001 The landfill construction work began m September 2000 Substantml rainfall dunng the fall of 2000 and up to tlns t~me has delayed completion of construction of the landfill The contract signed w~th EMCON ~s based on 70 workdays of construction, testing services, and report preparation for construction of all 13 acres as one cell Due to rmn days and sphthng of the 13 acres ~nto two cells there are adchtlonal funds reqmred for the EMCON contract The detmls are as below ·Ongmal Contract was 70 workdays, testing services for 13 acres as one cell and report preparation for the TNRCC submittals · Due to ram delays 44 workdays have been added to the construction management contract Th~s amounts to add~Uonal dollars $36,785 · Addmonal hydrauhc conductivity and class~ficatlon laboratory testing amounts to $5,500 · Due to sphthng of cells cost of the two adthlaonal TNRCC hner report amounts to $6,000 The total of the above adchUonal senates ~s $48,285 Detmled breakdown ofthase costs is shown m Extub~t II Also, rmnfall data for the area for the construcUon t~me as well as bastoncal data to provide a perspeetwe on the thfficult construction condmons is ~ncluded in Exhibit III The original contract vath the construcUon contractor Handex was for $2,247,866 The cost of construction will amount to $2,203,613 Tins results m savings of $44, 253 This saving can be apphed to the addltaonal servmes performed by EMCON for construction management semces for net adcht~onal cost of $3,747 OPTIONS C~ty does not have m house capabflsty to meet TNRCC mandated inspector quahficataons and material testmg requirements Tl~s work therefore, has to be done by outside contractor Not expanding the landfill for future operatsons ss not an optson RECOMMENDATION Staffrecommends approval of add~taonal funds for the EMCON Contract ESTIMATED SCHEDULE OF PROJECT The project ss scheduled to be fimshed by May 1, 2001 based on the Contract Extensmn PRIOR ACTION/REVIEW (Council, Boards~ Commi~smns) PUB Approved the professmnal services agreement with EMCON on July 17, 2000 CITY COUNCI[L Approved the profesmonal servsces agreement wsth EMCON on September 26, 2000 PUB Recommended approval of the additional payment to EMCON on April 16, 2001 FISCAL INFORMATION $150,000 ss included ~n the bond funds for constmctmn management servmes m the FY 2001 C1P (See Extnb~t III) Respectfully submstted Howard Mart~n Intenm C~ty Manager Prepared by P S Arora, P E Assistant D~rector Wastewater Utflmes Extnbst I Locataon Map Exlublt II Emcon Cost Proposal Exlubst IH Rmnfall Data Extnbst IV FY2000 CIP detail sheet Exlub~t V Ordinance Extublt VI Contract 2 CITY OF DENTON LANDFILL LOCATION MAP MCKINNEY ~PENCER EMCON/OWT Sol/d Waste Services 5701 East Loop 820 South PHONE 817/478-8254 FortWorth, Texas 76119 FAX 817/478-8874 MEMORANDUM TO P S A~ora, P]E DATE Aprd 11, 2001 City of Denton PROJECT 810520 FROM Dared R. Pnels, P E ]F2viC ON/OWT RE City of Denton Land~ll Construction Phase Ser,nces The purpose ~ ths memorandum ts to address our request for adchttonal funds to complete the constmclab~ quahty assurance and constmcUon management tasks for the referenced project Our t~cal fee to complete the project was unmlly e~m~ted to be $119,715, and at now appears the total fee could be approxnnately $168,000 (an increase of apprommately ~8~85) As we have chscussed, the prmaary reason that our fees are exceeding the mmally authorized amount of $119,715 m the length of tmae the contractor has taken to complete the project The followmg zs abnef &scusmon to support the request for addmonal funds · At the tane our fee was estabhshed, the co~taucUon penod was 120 days v~th 70 days projected for the CQA momtor to be on me Construcuon commenced September 5, 2000, and Cell 2B was substanUally complete April 10, 2001 Our CQA momtor was reqmred on site approxnnately 114 days (44 add,Uonal days), and the constructmn period through April 10 included 217 days (97 adchlaonal days) · Task 1, F~dd mspectmn and testing was cremated to be $56,770 for 70 days When adjusted for the adchlaona144 days, the fee would be increased by $35,684 · Ad&tional soft hydraulic conducnvzty and clasmfic~on laboratory testing (Task 2) has been reqmred because of the contractor's operatmn The adchUonal testing for Cell 2A was $3,300 (12 samples at $275), and the addmonal testing for Cell 2B m estmmted to be $2,200 (8 samples) The total addmonal lab cost m $5,~00, and a~ you chrectect, $3,300 has been bided to Handex and void be ere&ted to the Qty fpmd · Quahty assurance engmeenng (Task 3) was es.mated to be $25,300 for 70 mspemon days The increase for the addattona144 days would be FWkC \WrNDOWSXTElvlIa~=~mI~ag~.2viO d~e,-9'A\ 1 EXHIBIT Il 4 P S Arora, P E C~l-y of Denton Project 810520 ApnI 12, 2001 Page 2 An add~tmnal cost to Task 4 of $6,000 was due to the reqmremenf for the second set of liner reports The potential add~taonal cost outhned above and consistent vath our proposal could have been as much as $63~086 However, it as estmaated that our actual additional cost will be on the order of $48,285 It became apparent early m the project that construcUon would exceed the ~mUally estabhshed ume, therefore, we explored ways of reducing our costs v~thout unpactmg the overan quahU assurance of the liner constmcuon By working wth Soo Koon Soon and Dawd Dugger several cost saving adjustments were made to our scope of work, thereby reducing the total cost overran It has been a pleasure to be of serwee on tNs project If you have further questions and desire addmonal explanations, please can me Copy to Damd"I)ugger, City of Denton Landfill Soo Koon Soon, P E ~ac ~vramows~o~,,?m~o ao~=u EMCON 5 .uenron, ix tJlma~oJ, ogy Page 1 of 3 National Weather Service Dallas/Fort Worth Denton, Benton County, Tx Elev 629 ft Values ~n red are esbmated 30 Year Normals (196¥90) Month Jan FeblMar Apr MaylJun Jul IAug Sep Oct Nov Deci Ann N1 Max~mum(°F) 532 585 669 754 820 892 939 936 860 765 557 5671 748 ~?rec~p~tat~on(m 181 242 302 370 529 329 221 224 478 401 240 210 3727 a Degree Heating 715 511 324 90 4 0 0 0 0 81 326 607. 2664 Days Fooling 0 0 23 68 207 414 563 538 311 831 9 0 122251 Monthly Premp~tatmn '[ear Jan Feb Mar Apr May Jun', Jul Aug Sep Oct lNovIDecI Ann 2000 220 180 290! 467 228 487 023 0 33 ~.~ ?"/' ~,~ 1999 301 042 191 288 816 205J099 044 205 279 029 2681281607 1998 322 389 5151 121 229 257} 0 088 183 673 326 413'.35 1997 052 854 225 546 368 398 1 O9 257 085 487 1581 507140461 1996 ~f 171 004 1 82i 197 053 229 343 634 251 306 12131042 36251 1995 ~i!\t 2 02 0 75 5 40 4 84 8 35 2 39 2 39 2 26 3 44 0 94 0 83 ! 1 68 I 35 29 1994 145 156 097 276 833 322'1358 276 253 866 736222 5540 1993 163 686 222 404 258 282 000 171 809 520 161'31813994 1992 289 247 178 165 619 426 176 105;371 070 237 54813431 1991 202 116 082 357 475 257 295 539 423 1005 204 737 4692 1990 452 321 652 744 525 154 262 391 048 148 438 178!4313 1989 423 366 409 077 531 828 268 072 455 176 045 0363686 1988 082 087 209 224 123 557 252 0161611 ~1 19 244 379 2903 1987 208 355 290 002 1023i367 175 1551459 086 459 494 4073 1986 000 867 I 24 575 747 448 000 2941 770 263 '294 1 55 45 37 1985 111 080 373 563 3671421 2971 0301 422 449,138 067 3318~ 1984 1 18 236 333 089 265 140 0671 4851 016 4881221 550 30 07 1983 168 095 287 049 505 118 2001219 009 9631259 055 2937 1982 371 1252 134 216 2092 472 313065 025172 354 382 4818 1981 053i166 297 3121874 327 425 120 551 23461204 014 5689 1980 19211771146 1331334 221 017 028 814 379 134 197 2772 1979 2541 302t559 321 564 118 1 73 349 132 285 033 274 33 64 1976 227:,308 2551363 583 09711 8711 89 133,013f3741013t2742 1977 25612401741[285 1 05 i 173~ 1 35t 4 19 1065 { 1 75 I I 28t 0 52~2774 1976 ~009,058t2581645t751~317~300i145 16913371038120913236 1975 ~ 1 67 ~ 3 47t 2 39 i 370 ~ 8 83,13 79 3 26! 1 88 t 156!0 13 I 1 8011 59t3387[ ,"=ar i Jan I Feb ' Mar j Al3r ~ May" Jun , Jul i Aug I Sep I Oct ~ Nov I Dec ! Ann 1974 i0721139',076 867i170~551 086'483 728~946 2 96 ~141143 37 'r 1973 14701263 400 479~549 774 876 000~802 751,250~093 5717' 1972 ~058 1 18 1 09 307' 1 23 203 0~8, 4. 26,304 567 333 055 27 491 1971 ~046 148 056 186 399 097 533 393~410,10051287,842 4411' 1970 ~071 ,612'429 757~543 150 1 03~1 30~t357~165,048,088 4453; 1969 4156 304,508 385,679 378 061 291 222'593 080~520 4.177 1968 ,397 177 712'410'493 395 309 289;900 285 383~151 4901 1967 i002i130,1 88 374,626 137 1 53 033,613'335 127'237 29 55 11/07/2000 h p//w w srh EXH BIT Itl 6 ~,=atou, zx ~.limatoiogy Page 2 of 3 1966 157 260 11711034, 087!530 0871397 443 073 084 226134~" 1965 M M M M M M M M M M 2 09 I 1 76 i n/a 1964 M 092 278 396 097 14616591362 079 314 695',1701 n/a. 1963 026 012 041 444 321104111421182 022 030,113i137!151i 1962 I0431126t232 3;; 06015111555,1 71 120813261375,135,411~ 1961 307~241 360!0 222 55811621073 415i200 374J130 3080 1960 1298t124114212571268~14815541353 120 1 80 025 371 28 40 1959 !010 082t1071039! 427 57413491081 209 552 085 28412779 1958 210 0301382t6151347 23511951199 328 085 153 06212841 1957 118 3371489 121811678~3841002,04.3 273 321 6751127,5642 1956 095 2301025 1604131 037 0741069 004 193 149302,1751 1955 1123 1781147 183 5531566 1 1O1O84 236 076 010 070[2334 1954 192 020I M M 393 311 0681 159 183;307 078il 86 n/a 1953 03411071286 459 473 209 2661178 115,376!315107 2925 1952 054I 200 241 646 430 030'169 034 027 0081507 21825 64 1951 059 229 081 167 328 582 160 064 2491206 117 036 2278 1950 456 220 096 4091 595 445 M 236seMp M 005 004 n/a Cear Jan Feb lMar Apr May Jun Jul Aug Oct Nov Dec Ann 1949 511 233 275 092 750 385 244 241 4881611 000 184 4014~ 1948 M M M M M 281 230 02411101133 050 033 n/a 1947 097 037 298 300 319 276 000 056 49610701071 420 2440 1946 243 403308 4351746 263 131 237 1651111 817 342 4201 1945 136 680 557 5081 M 379,389 079 38214131129 091 n/a 1944 1lt.253 860 t50 6431573 031 1361507 066!280 396 378 38731 1943 015 083 469 1381878 240 203 000 429 099 108 427 3086 1942 017 080 116 1155i422 520 0171305 315 397 129 151 3624 1941 039 375 170 460 260 926 065 536 150 727 072 146 3926 1940 061 317 061 604 663 491 400i259 102 234 631 422 4235 1939 292 351 196:502 214 306~097!204 000 067i223 073;2525 1938 329 444 858 27..i 234 308 229 000 070 007 155 157 30 76 1937 173 046! 322 09; 100 410 1 42 256 043 372 182 454 25 92 1936 085 011 182 080 777 002 160 012 975 372 089 16012885 1935 445 255 220 3541152 527308 021 736 311 309 28614924 1934 ~125t185 3751419 424 023 005 019 337 014 269i041 2236 t933 3331168 341 224 522 005 411 370 191 126 059, 154 2904 1932 712 415 061 196 457 482 279 074 208 133 0041560 3581 1931 135~1377 387 171 219 137 201 248 033 416 211 217 2752 1930 079 1 89 124 178 764 172 0 53 330 105 730 263 122 30 89 1929 266 1111130 251 875 069 139 023 246 326 145 295 2876 1928 1067 228 06'7 318 403 5741196 230 0131235 182 381 2894 1926 423'03813541275!455 316 5401330 171 6081059 389139881 1925 ]132 0 TT, 0 05 [ 428,4 56 I 086 ~ 0 56 t 4 32 ! 1 54! 3 23,11 53t 0 01 !22 83 "=ar I Jan t Feb ', Mar' Apr '1 May ! Jun t Jul ! Aug ~1 Sep' Oct ! Nevi Dec t Ann 1924 ~065,,1 16~404~293i170~092'057i212t323f000t021120911962 1923 243 155 199~339,088~557 050; 130, 161 738t240,552 34 52 1922 ~166 157~229'8731400 304 026 078,1029 18914571019 2927 1921 ~247 228 182~502{252'227 257~116"074 0101023,171:2289 1920 ~350,042 239 182,1101'676 524 574,312t613~176~205 4994 1919 284 264 317~287~400~325,409!409~353 10991331~097 4575 1918 ,150~008 086 5861226 452 07110331382 514i607~443 3518[ 19t7' 069 141,173 585~587'128 445,426 238 019 081 003 28951 1916 ~638,050 106 7711305 806 013 115'275.190 190.023 3282! http//www ~rh noaa govffWD/CLIMO/coop/d~nton htnul /0% ' 7 Capital Improvements Project Project T~tle Landfill Cell 2A and Half 2B Construction Accot~i~t 630 - 024- 0803 Acgzv~ty/F~RC c~oo - ~oje~ Ty~ ~qect Scofl~ Mu~l-Y~ar Pmj~ Group ~szgnment 7- ~ndflll ~an~on Consm~on Descrtp~on tone.on ~nageme~ ~ ~d QC Constm~ Phase ~, hal ~ of the ~ndfill at cu~nt Petal dapth Includ~ league line ~d ~ndfl[ ~pac~ trundmg Utd:tv Bonds ~iscal Year Description Comment Date ObleCt Code Amount 200t IConstmctlon Cell 2A and half 2B onhns by I 7/1700 9003 2001 Ioes]gh Constr Mgmnt QA Qc [ 8/3./00 8502 [ $150 000 O0 ........... ~,vF ................................ fft_,/,_~_~_o,~ ro_~t Project Total [ $2 397 866 O0 J Comments Short terra bonds ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED PROFESSIONAL SERVICES AGREEMENT WITH EMCON FOR COMPLETION OF CONSTRUCTION QUALITY ASSURANCE AND CONSTRUCTION MANAGEMENT TASKS FOR CITY OF DENTON LANDFILL CELLS 2A AND 2B, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty Council deems ~t m the publ,c interest to continue to engage the firm of EMCON, an operatmg subs~d, ary of the IT Group, a Corporatton ("EMCON"), to prowde pmfeas~onal constmctmn quahty assurance and constmetson management tasks for the constmcnon of C~ty of Denton Landfill Cells 2A and 2B, and WHEREAS, the C~ty staffhas reported to the C~ty Council that there ~s a substantsal need for completton of the above-described professmnal servsces, and that ILrmted C~ty staff cannot adequately pe~t?m the servmes and tasks w~th ~ts own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professsonal Servmes Procurement Act", generally provsdas that a C~ty may not select a provsder of professional servmes on the bas~s of compe~t~ve b~ds, but must select the prowder on the barns of demonstrated competence, knowledge, and qualfficat~ons, and for a fane and reasonable price, and WHEREAS, the C~ty Coanml has provided ~n the C~ty Budget for the appropnatmn of funds to be used for the purchase of the pmfessmnal serwces, as set forth m the F~rst Amended Professsonal Servmes Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the C~ty Manager ~s hereby authorized to execute a F~rst Amended Professional Sermces Agreement wsth EMCON, of Fort Worth, Texas, for professional constmctson quahty assurance and construction management tasks for the construction of C~ty of Denton Landfill Cells 2A and 2B, m substantsally the form of the F~rst Amended ?rofessmnal Servmes Agreement attached hereto and incorporated herewsth by reference SECTION 2 That the award of ttus F~rst Amended Agreement by the C~ty ss on the bas~s of the continued demonstrated competence, knowledge, and quahficat~ons of EMCON and the ab~hty of EMCON to perform the professional services needed by the City for a fair and reasonable price SECTION 3 That the expendsture of funds as promded m the attached F~rst Amended Professmnal Sermces Agreement ss hereby anthonzed EXHIBIT V SECTION 4 That tlus ordinance shall become effective munedaately upon ~ts 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 HERBERT L PROUTY, CITY ATTORNEY By ~]~ ~ S tour Documents\Ordinances\01 kEMCON F~rst Amended PSA on/doc 10 THE STATE OF TEXAS ) COUNTY OF DENTON ) FIRST AMENDED AGREEMENT FOR PROFESSIONAL SERVICES THIS FIRST AMENDMENT to that certmn Professional Services Agreement, executed September 26, 2000, heretofore entered into by and between the City of Denton, Texas, a Texas Mumc~pal Corporataon with ~ts offices at 215 East Mcganney Street, Denton, Texas 76201 (hereafter referred to as "CITY"), and the firm of EMCON (an operating subsidiary of the IT Group), with its offices at 5701 East Loop 820 South, Fort Worth, Texas 76119 (hereafter referred to as "EMCON"), acting herein by and through their respective duly authorized signatories, and NOW THEREFORE, the City of Denton, Texas and the finn of EMCON (hereafter collectavely referred to as the "PARTIES"), m conslderataon of their mutual prormses and covenants, as well as for other good and valuable considerations, do hereby AGREE to the £ollowlng amendments to the terms and conditions of the Professmnal Services ~greement (hereafter the "Agreement") previously approved by the City Council, I That those "Add~ttonal Servmes" set forth m the Memorandum from Dawd R Fnels, P E of EMCON to P S Arora, P E of the CITY, dated April 11, 2001, marked and attached as Exbablt I hereto, shall also be performed by EMCON, as provided by and m accordance w~th Article III of the Agreement and the other Artacles of the Agreement II That the provisions of the last sentence of Sectaon V B 1 of the Agreement shall instead read an adthttonal $48,285 00 of compensataon payable by the CITY to EMCON, as follows "OWNER agrees to pay to CONSULTANT for its professional servmes performed, and for its out-of-pocket expenses incurred an the ProJect, a total amount not to exceed $168,000" The PARTIES agree, that except as specffically provided for by this F~rst Amended Agreement for Professmnal Services, that all of the terms, covenants, conchtions, agreements, rights, responszbflltles, and obhgatlons of the PARTIES set forth ~n the Agreement, shall remmn m full force and effect 1 I EXHIBIT IN WITNESS WHEREOF, the Ctty of Denton, Texas and the firm of EMCON have executed tins Fn:st Amended Agreement for Professional Services, in (4) original counterparts, by and through then: respective duly authorized representatives and officers on tins the day of ,2001 "CITY" CITY OF DENTON, TEXAS A Texas Mumc~pal Corporation By Howard Mart~n Interim C,ty Manager ATTEST JENNIFER WALTERS, CITY SECRETARY By ' t APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ~/~ ~ "EMCON" By ATTEST S \Our Do¢llments\Contmcts\0 I'~EMCON Fi~t Amonde:d Agnnt-Denton Landfill doc 2 12 Date ...... AGENDA INFORMATION SHEET AGENDA DATE. May 1, 2001 DEPARTMENT: General Government CM/DCM/ACM Howard Mart]n, Interim City Manager SUBJECT' Hold a public heanng to receive Clttzen comments regarding cable television rates BACKGROUND: The City is certified to regulate cable television rates for basic cable service, equipment, changing tiers, and the hourly service charge Under the current franchise agreement, Charter Communications has agreed to file for new rates only once per year The city received the appropriate FCC Forms (1240 and 1205) on March 1, 2001 The City has one year from that date to Issue a rate order establishing the maximum rates that Charter Communications may charge Council has the following options 1) Approve the rates as filed by Charter Communications prior to June 1, 2001 and they will go into effect on June 1, 2001 2) Issues a rate order pnor to June 1, 2001 that establishes lower rates than those filed by Charter Communicat~ons and they must implement the lower rates on June 1, 2001 However, Charter Communications may attempt to obtmn an order by the FCC or a court staying the effectiveness of the City's rate order and thus allowing lmplementat~on of the filed rates 3) Take no official action prior to June 1, 2001 and Charter Communications may implement their filed rates on June 1, 2001 4) If Charter Communications implements their filed rates on June 1, 2001, and if Council approves lower rates after June 1, 2001, then Charter Communications must implement the lower rates immediately Agmn, Charter Communications may attempt to obtain an order by the FCC or a court staying the effectiveness of the City's rate order and thus allowing ~mplementat~on of the filed rates However, ~fthe FCC or the courts uphold the lower rates, Charter Communications would have to rebate the difference to subscribers or factor the ovemharges into next year's calculations Our intention is to bnng the Council a resolution establishing maximum permitted rates on May 15, 2001 Charter Communications' rate filing will establish rates to be effective from June 1, 2001 to May 31, 2002 ADA/EOE/ADEA www c~tyofdenton com (TDD 800-735-2989) May 1, 2001 Cable Rates Pubhc Hearing Page 2 of 3 In their filing, Charter Communications indicates that new rates are the result of"certaln external costs, (1 e, programming), inflation, true-up adjustments and increased cost associated with dehvenng cable service as allowed by the Forms 1240 and 1205" Charter Communications current and proposed Maximum Permitted Rates (MPR) are item Current (MPR) Actual Proposed (MPR) Basle Cable $9 90/month $9 90/month $9 78/month Converter $4 13/month N/A $1 19 or $3 96/month* (addressable) Converter (non- $1 19/month $1 19/month $1 19 or $3 96/month* addressable) Digital converter $8 80/month $6 95/month $1 19 or $3 96/month* Remote Control $0 18/month $0 18/month $0 20/month Changing tiers $2 00 $2 00 $2 00 Hourly service charge $20 35/hour $20 35/hour $23 89/hour *Charter's filing proposes that a customer that subscribes to basic service only will be charged a monthly rental rate of $1 19 for any converter However, if the customer subscribes to any services above basic only (1 e, expanded basic, premium service channels, and pay-per-view services), they will be charged a monthly rental rate of $3 96 Charter's latest filing indicates that they intend to lower the basic cable service rate $0 12 per month ($9 90 to $9 78) Their filing also contmns a decrease for the digital converter rental ($8 80 to $1 19/$3 96) The $1 19 rate is for basic only subscribers that elect to rent any converter, and the $3 96 rental rate is for subscribers to any services above basic only Their rate for changing tiers remmns the same, while their remote rentals will increase $0 02 ($0 18 to $0 20), and the hourly service charge will increase $3 54 ($20 35 to $23 89) Regarding the hourly service rate, it should be noted that Charter has set certain time standards for certain types of installations wtuch we asked our rate consultant to examine Also, last year Charter began to phase out all addressable and advanced analogue converters, however council decided to set these rates anyway This year Charter again does not intend to offer these converters and in fact did not even file a rate for these items Connie Cannady, of C2 Consulting, has been hired to assist staff in analyzing the cable operator's proposed rates for basic cable service, converters, remote controls, changing tiers, and the hourly service charge Her final report will not be available until the May 15, City Council General Meeting There was a cable rate adjustment presentation made to Council at the April 24, Work,Session meeting ADA/EOE/ADEA www cltyofdenton com (TDD 800-735-2989) May 1, 2001 Cable Rates Public Hearing Page 3 of 3 Section 8-136 (b) (2) of the Denton Cable Telews~on Ordinance reqmres the City to hold a pubhc heanng within 90 days from the date of the rate filing "to consider the proposed new rates, at which heanng all parties desmng to be heard, including the company, shall be heard on any matters relating to the performance of this franchise, the company's servmes and the proposed new rates ' Notfficat~on of this meeting has been posted on our webs~te, on Channel 26, Channel 25, and Channel 39 A press release was sent out to area media notifying the commumty ofth~s pubhc heanng OPTIONS' Hold a pubhc heanng to receive mt~zen comments PRIOR ACTION/REVIEW (Council, Boards, Commission)' Presentatmn made at City Councd Work Session meeting on April 24, 2001 FISCAL INFORMATION. H~gher rates would ~mpact subscribers C~ty receives 5% of Charter Commumcatmns gross revenues as franchise fees Respectfully subnntted Bet~ W~lffa~ns D~rector of Management and Pubhc Information Prepared by es Jr ~c Information Officer ADA/EOE/ADEA www mtyofdenton com (TDD 800-735-2989) AGENDA DATE: May 1, 2001 DEPARTMENT' Parks and Rein Department ACM: Dave Hill ~)/4~ SUBJECT: Hold a pubhc heanng and consider the adoption of an ordinance granting approval of a sub surface use of a port,on of the Denton Branch Rafl/Trad approximately 1,850 feet south of Corinth Loop road at radepost 728 for the installation ora wastewater sewer line m aeenrdance w~th Chapter 26 of the Texas Parks and Wildlife Code, prowdmg for the tssuance of an easement and provtdmg an effective date BACKGROUND. The C~ty of Corinth has requested the use of park land for the purpose stated, m order to provide a new wastewater sewer hne (see exlub~ts A-B), to serve the ctty's expanding populatwn The wastewater sewer hne wdl cross under the trad right of way near nulepost 728, 1,850 feet south of the new Corinth Loop Road It wdl connect w~th an ex~stmg hft station next to the ratl trad and flow to an Upper Tnmty Regional Wastewater treatment plant State law as defined m Chapter 26 Protection of Pubhc Parks and Recreational Lands of the Texas Parks and Wfldhfe Code reqmres that a "(a) mume~pahty of tins state may not approve any program or project that requtres the use or taking of any pubhc land designated and used prior to the arrangement of the program or project as a park unless the mume~pahty, acting through its duty authorized governing body or officer, determines that (1) there ts no feasible and prudent alternative to the use or takmg of such land, and (2) the program or project includes all reasonable planning to mmmuze harm to the land, as a park, resulting t~om thc use or talong Co) A finding may he made only aider not~ce and a heanng as reqmred by tim chapter" If the proposed wastewater sewer hne easement ts allowed, a value must be placed on the 100 hnear foot sectmn and charged to the City of Corinth In addmon, land dtsturbed m the park will he returned to ~ts original condltlOll Parks and Reereat~on Department and the C~ty of Corinth Engineering staff have rewewed all other possible alternaUves These alternatives included · Continue to use emstmg wastewater lines m the c~ty Tlus would not facthtate the current growth in the City of Corinth Tlus would requxre construction of several new faethttes, wlueh ts not cost effective and or restrict commumty growth that is not tn comphance of the C~ty's comprehensive master plans · Select another rome through the city that would pass across the trad at an emstmg road crossing at the Corinth Loop Road or Quad Run Road crossing Tlus will reqmre obtaining many easements from adjacent property owners, and may reqmre ad&tmnal pumping statmus to accommodate the reroutmg · Bore a pipe hne under the Denton Branch Raft Trad right of way from the emstmg wastewater lffi statton to proxnde a new wastewater sewer line to the Upper Tnmty Regional Wastewater treatment plant Ttus ~s the preferred route due to its dzrect ahgnment from the lffi statmn to the treatment plant OPTIONS: Because other solutions to tbas ~ssue have proven to be infeasible, the option remains to approve the use as presented or reqmre the C~ty of Corinth to begin obtaining easements through and to other right of ways and or adjacent property owners RECOMMENDATION: Atter rexqewmg all other alternatives, staff recommends approval of ttus use of the Denton Branch Ratl/Trad by crossing under the tratl at milepost 728 There would be no major tmpact on current park operations or programs The Parks and Recreation Department confirms that the C~ty of Corinth has investigated all other alternatives and has used reasonable plaunmg to ~ harm to the land The City of Corinth Is fully aware of the Federal raflbankmg law that tn the event a rmlroad or raft transit agency rashes to reclann the right of way for raft service, the City of Corinth may be respous~ble for removing or modifying the property to accommodate the original use of the right of way as a radroad ESTIMATED SCHEDULE OF PROJECT: Construction on tbas development ~s projected to begin m Summer 2001 PRIOR ACTION/REVIEW The Parks and Recreation Board will consider the proposal on April 25, 2001 Minutes of the meeting are attached Extub~t C FISCAL INFORMATION: Compeusatlon related to tlas use is still under discuss~on with the City of Corinth It ~s reasonable to expect that a fair market value for an easement will be prod and nnprovements chrectly related to programs and/or facihties on the Denton Branch Rad/Trad wdl be proxaded BID INFORMATION: Not apphcable 2 EXHIBITS: Ordinance Exlub~ts A-B (Maps) Extublt C Minutes of thc Park Board April 25, 2001 Respectfully subnutted Ed Hodney, D~or Parks and R/0~reat~on Department Prepared by Parks and Recreation Department 3 ORDINANCE NO AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL/TRAIL APPROXIMATELY 1800 FEET SOUTH OF CORINTH LOOP PARKWAY AT MILE POST 728 FOR THE PURPOSE OF A WASTEWATER SEWER EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE, PROVIDING FOR A DRAINAGE EASEMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 26 001 of the Texas Parks of Wlldhf¢ Code provides that pubhc land designated and used as a park may be used for a non-park purpose if the C~ty Council finds after notice and heanng that theru ~s not feasible and prudent alternative to the use of such land for the proposed project and the proposed project ~ncludes all reasonable planmng to mlmrmze harm to the park reanltmg from such use, and WHEREAS, the C~ty of Denton desires to provide for a reqmrud wastewater sewer easement of approximately 100 linear feet across the trml for proper wastewater utthty servmes, and WHEREAS, The C~ty of Connth desires to construct a wastewater sewer p~pehne across the Denton Branch Rml/Trafl since alternative options would not be feasible and prudent, and Wi-IEREAS, the City prowded not,ce ~n the Denton Record Chromcle on April 8, April 15, and April 22, 2001 ora Public Heanng to be held on May 1, 2001 in the Council Chambers to consider the altemaUves to the use of City Park for the subject wastewater sewer easement, and WHEREAS, the City Council on May 1, 2001, received testimony at a public hearing on the issues of no feasible and prudent alternative to the use of the property for the proposed project and that the project includes all reasonable planmng to m~mmlze harm to the Denton Branch Ra~l/Tr~ul resulting from the drainage easement, and WHEREAS, the City Council finds that the project does not fall wlthm the purview of Section 253 001 of the Texas Local Government Code, and WHEREAS, the C~ty Council finds that there ~s no feasible and prudent alternative to the use of the park land and that the subject wastewater sewer project includes all reasonable planmng to mlmmlze harm to the park as a result of the project, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Wastewater Sewer Easement and sewer pipeline proposed by the City of Connth (the "ProJect") shall be constructed and mmntmned below the surface of the park property described in Exhibit A, wbach is attached hereto and made a part heruof for all purposes, and that the surface of the park after mstallaUon of the wastewater sewer pipe shall be constructed m a manner so that the park land may st~ll be used by ~ts patrons after completion of the ProJect m the same manner it was used prior to the ProJect SECTION 2 A wastewater sewer hne easement winch is revocable as reqmred by law (Natmnal Trails System Act, 16 U S C 1247(d)) shall be s~gned by the City Manager or Ins designee and approved by the C~ty Attorney allowing the use of the park property for the Project as referenced above w~th appropriate prowslon to ~nsure the ~mprovements are constructed in accordanoe w~th C~ty Subd~vls~on Rules and Regulations, protects the patrons using the park from injury and damage both dunng and after construction of the Project, compensates for the reasonable market value of the use hereto granted and generally protect the health, safety and general welfare of the C~ty SECTION 3 Dunng construction of the ProJect, temporary use of such addlt~onal park land necessary to stage the construction of the ~mpmvements may be approved by the Director of Parks and Recreataon Department However, at the completion of the construction activities for the Project such adtht~onal park land shall be restored to the condatlon to winch it existed prior to the begmmng of such construction actlmt~es SECTION 4 The rights and benefits set forth m th~s ordinance may not be assigned w~thout the express written consent of the C~ty SI~CTION 5 The findangs contmned m the preamble of tins ordinance are incorporated into the body oftlus ordinance SECTION 6 Tins 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 Page 2 of 2 5 WASTEWATER UTILITY EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENT COUNTY OF DENTON § That the C~ty of Denton, Texas, a mummpal corporation (Grantor), for and m cons~deraUon of the sum of [$ 0 803 per square foot for the property descnbed m Exinint "A"] Twelve Hundred E~ghty Five ($1285 00) DOLLARS to the undersigned ~n hand prod by the C~ty of Connth, a mun, mpal corporation (Grantee), the receipt of winch ~s hereby acknowledged and confessed, has granted, sold and conveyed and does hereby grant, sell and convey unto smd Grantee, its successors and assigns, subject to the reversionary rights and pnwleges of M~ssoun Pacffic Railroad Company (Railroad) and Grantor set forth in the L~ne Sale Contract between Ratlroad and Grantor of July 2, 1993, adopted pursuant to C~ty of Denton Ordinance No 93-177 and limited by 16 U S C 1247 (d), section 8(d) of the National Trml System Act and subject to easements and hcenses of record, mterlocal agreements and Grantor's perpetual and superior nght to maintain a trml system and expand the type and number of pubhc uttht~es wltinn grantor's junsdxctlon to maintain and operate within the property described m Exinint "A", an easement for wastewater uUlmes, together with the customary uses attendant thereto, over, under, through, across and along all that certain lot, tract, parcel of land described ~n Exinb~t "A", attached hereto and made apart hereof by reference for all purposes The Grantee ~s acqmnng th~s easement for the purpose of constructing, using and mmntmmng a pubhc utility wastewater line subsurface and ~n accordance w~th the such plans attached hereto ~n Exinblt A spemficat~ons winch will best serve the public winle at the same time protecting the ~ntegnty of the existing rmlroad roadbed and accommodating the construction of the Denton Branch Rml/Tratl ProJect as envisioned by the lnterlocal agreement between the City of Denton and the Texas Depeatment of Transportation dated November 7, 1997 and adopted pursuant to Cxty of Denton Orchnance No 95-227 Grantee, by takmg possession of tins easement (e g, gradxng or prepanng the rmlroad roadbed for wastewater plpel, ne) agrees to comply w~th the following terms 1 Repair, modify or reconstruct the p~pehne ~mprovements (and customary uses attendant thereto) authorized above at Grantee's expense ~f same is required for Grantor (a) to comply with the mterlocal agreement referenced ~n Ordinance No 95-277 above or any agreement between Federal or State agencies reqmred to receive funding for the construction and mmntenance of the Denton Branch Rail/Trail ProJect (b) to repmr, modify, reconstruct, ~nstall or construct Grantor's utilities ~n the easement area 2 Repmr and restore any ~mprovements m the easement area, lawfully placed therein by Grantor, its agents, employees or independent contractors or by others pursuant to an easement, agreement or license granted by Grantor or ~ts 6 predecessor, the Railroad, damaged by the neghgence of Grantee or 1ts agents, employees, or independent contractors working in the easement area wath Grantee's approval, m constructing and matntammg a utdaty wastewater easement To the extent penmtted by law, Grantee agrees to lndemmfy and hold harmless Grantor, ~ts officers, employees, agents (whmh may include the Texas Department of Transportation) and independent contractors from all clmms or hainhtles due to actlwt~es of Grantee, officers, employees, agents, and independent contractors Additionally, to the extent penmtted by law, the Grantee shall hold harmless the Grantor, ~ts officers, employees, agents (TxDOT) and independent contractors from any and all expenses, including attorney fees and court costs winch may be recurred by the Grantor and the entitles above m pnvlty w~th Grantor (e g, TxDOT) in ht~gat~on or otherwise remst~ng smd clmm or hainhtms whmh might be imposed or the Grantor or those m pnmty w~th Grantor as a result of such actlwt~es by the Grantee, ~ts officers, employees, agents or andependent contractors Tins easement will tenmnate ~f the easement area is used other than m comphance with the specified use noted m Exl~int A Any modfficatlon of the Rail/Trail crossing must be approved through the Chapter 26 process set forth ~n the Texas Parks & Wfldhfe Code TO HAVE AND TO HOLD the above described easement, together with all and singular the rights and appurtenances thereto ~n any wase belonging unto the smd Grantee, ars successors, and assagns forever, and Grantor as hereby bound, together with all heirs, executors, adm~mstrators or successors, to warrant and forever defend all and singular the smd easement unto the Grantee, ~ts successors and assagns, agmnst every person whomsoever lawfully claiming, or to clmm the same or any part thereof, subject only to the rights and hmttat~ons contained m the Line Sale Contract and other documents ~neorporated into adoption of C~ty of Denton Ordinance No 93- 117 EXECUTED tins day of ., CITY OF DENTON, TEXAS (Grantor) CITY MANAGER , t'~PROVED AS TO g~TY A'FI'ORN E~ APPROVED this day of , __, by the City Cotmcfl of the City of Corinth, Texas MAYOR, CITY OF CORINTH Page 2 of 3 7 ATTEST City Secretary, City of Connth, Texas STATE OF TEXAS § COUNTY OF DENTON § Ttus instrument is acknowledged before me, on tMs day of , , by , Mayor of the City of Connth, Texas, a mummpal corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the smd City of Connth, Texas, a mummpal corporation, that he/she was duly authorized to perform the same by the City Council of the City of Corinth and that he/she executed the same as the act of the smd City for the purposes and consideration therein expressed, and in the capacity therein stated Notary Public, State of Texas STATE OF TEXAS § COUNTY OF DENTON § Tins instrument is acknowledged before me, on tMs __. day of , ~ by , City Manager of the City of Denton, Texas, a municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the smd City of Denton, Texas, a mumclpal corporation, that he was duly anthonzed to perform the same by the City Council of the City of Denton and that he executed the same as the act of the smd C~ty for the purposes and consideration therein expressed, and m the capacity therein stated Notary Public, State of Texas Page 3 of 3 8 -- PLA T OF EXHIBIT 'A ' ~ .. PARCEL NO. 2 POINT OF' '" -. COMMENCINGIF "'"'~.-~,.. ~~ 7'~~O DockMddredvol Proctor1252,L Proctor°ndpcj wife,3 DRDCT " 1600 II~ POINT OF The ?y of Denton, Texos ~ )_ Clerks No 93-R0058485 DRDCT -- -16-FOOT WIDE '- SANITARY SEWER "' EASEMENT 1,6OO SQFT OR 00367 OF AN ACRE CPC S,ng Trust "'" ¢:~A~,~)~)~ Vol 2405 P9 127 Nep°4?'50'W .. · . 1600' ~. BFAR[NGS SHOWN -~EqZON "~ $OJ-qWEST:RLY =~OPPRTM _~NE OF -~E CIT¥ O" O:NTCN TRAC- B: NC NORTN 62 ~7 50 W~ST EXHIBIT SHOWING A 16-FOOT WIDE SANITARY SEWER EASEMENT BEING A PORTION OF THE THE CITY OF DENTON, TEX~S TRACT SITUATED IN THE H GARRISON SURVEY ABSTRACT NO 507, DENTON COUNTY, TEXAS LYNDON M HOBGTN R P L S TEXAS NO 4584 CITY OF CORINTH LIFT STATION 3A IMPROVEMENTS EASEMENT ACQUISITION AREA 1,600 SQUARE FEET OR 0 0367 OF AN ACRE ~Garola & Associates FILE P /2OOOOSKH01FW/OON/2OOOOS-EX02 DON[~l.~l Englneerlng, lnc O iN A~ 200005KHO1FW ENGINEER KIMLEY-HORN iN ASSOC OATE 20~OECEMBER-O0 PAGE 2 OF 2 I DRAWN BY RW8 OARRISON SRVY , A-50?, CITY OF CORINTH, DENTON COUNTY , TEXAS Exhtblt 'A C~ty of Corinth Texas Samtary Sewer Easement Parcel No 2 BEING a 16froot w~de sanitary sewer easement s~tuated m the H Garnson Survey, Abstract Number 507, C~ty of Corinth, Denton County, Texas and being a portion of that certain tract of land deserthed to the City of Denton, Texas by deed recorded m County Clerk'a Document No 93~R0058485 Deed Records of Denton County, Texas (DRDCT), sa~d 16-foot w~de easement being more particularly descrthed as follows COMMENCING at the westernmost corner of that certain tract of land described to Dock Proctor and wife Mildred L Proctor, by deed recorded m Volume 1252 Page 3, DRDCT and being m the northeasterly hne of sa~d C~ty of Denton tract of land, THENCE South 62*47'50" East along sa~d northeasterly hne and along the southwesterly hne of sa~d Proctor tract of land, a &stance of 617 53 feet to the POINT OF BEGINNING THENCE South 62°47'50" East continuing along smd northeasterly hne and smd southwesterly line, a d~stance of 16 00 feet to a point for corner, THENCE South 27'51'27" West, a d~stance of 100 01 feet to a point for corner in the southwesterly hne of said C~ty of Denton tract of land same bexng the northeasterly line of that certmn tract of land described to CPC Stag Trust by deed recorded m Volume 2405, Page 127 DRDCT THENCE North 62*47'50" West, continuing along the southwesterly line of sa~d City of Denton tract of land and the northeasterly hne of saxd CPC Sing Trust tract of land, a d~stance of 16 00 feet to a point for coiner, THENCE North 27°51'27" East, a &stance of 100 01 feet to the POINT OF BEGINNING, CONTAINING a computed area of 1 600 square feet or 0 0367 of an acre of land Page 1 of 2 10 Exhibit B North Central Texa~ , i ~ Commnm~ College ~ Corinth Park ~'~ s PROP LINE PROP ~NE E[It 460 ~ proposed Easement for , ~.~ Waste Water Sewer Line 11 DRAFT Parks, Recreation and Beautification April 25, 2001 North Lakes Recreation Center Members present Gert Aschenbrenner, Dale YeaRs, Brandon Barnes, Dalton Gregory, Don Edwards Members absent Teresa Andress, Gwendolyn Carter and Brenda Ptulhps Staff present Ed Hodney, Janet Simpson, Emerson Vorel, John Wh~tmore, Jame McLeod and Bob T~ckner Chmrman Don Edwards called the meeting to order at 6 05 p m Approval of Minutes From March 28th meeting Held for approval until the May meeting ACTION ITEMS Aquatic Center Interlocal Agreement. Janet S~mpson reported that C~ty of Denton and Denton Independent School D~stnct staff have completed a final draft of the Aquatic Center Interlocal Agreement Thas Interlocal Agreement includes provls~ons related to the cooperative design and construcuon of the faeflxty and land aeqmsmon A future agreement will prowde a framework for the operation of the Aquatm Center Th~s binding agreement defines the scope of the project, roles and responsibilities of both the C~ty and DISD, how the project wall be designed and constructed, estabhshed costs assocaated w~th the project, insurance requirements, termination and other m~scellaneous articles Actton Dalton Gregory made a motion to approve staff's recommendation on the Aquatic Center Interlocal Agreement Gert Aschenbrenner seconded the motion and xt passed unammously Consider a Request froth the City of Cortnth to Construct a Wastewater Sewer L~ne Across the Denton Branch Rail Trail Bob Tmkner reported that the C~ty of Connth has requested the use of parkland to provide a wastewater sewer hne across the Denton Branch Raft Trail Thxs ~s to accommodate new growth w~thln the Caty of Connth Bob said that after remew~ng all other alternatives, staff recommends approval of th~s use of the Denton Branch Rafl/Trml by crossing under the trail at milepost 728 There would be no major ~mpact on current park operations or programs The Parks and Recreation Department confirms that the City of Connth has ~nvestlgated all other alternatives and has used reasonable planning to m~mm~ze harm to the land The C~ty of Connth is fully aware of the Federal raflbanklng law that ~n the event a rmlroad or raft transit agency w~shes to reclaim the right of way for raft serwce, the C~ty of Connth may be responsible for remowng or modifying the property to accommodate the original use of the right of way as a railroad Construction on th~s development ~s projected to beg~n ~n Summer 2001 It ~s reasonable to expect that a fair market value for an easement will be prod and ~mprovements directly related to programs and/or faclht~es on the Denton Branch Rall/Trml will be prowded Action Dalton Gregory made a motion to approve the request from the C~ty of Connth to construct a wastewater sewer hne across the Denton Branch Rml Trail Gert Aschenbrenner seconded the motion and ~t was passed unammously 12 AGENDA INFORMATION SHEET ~o.d~l ~0 ~genda item AGENDA DATE. May 1,2001 DEPARTMENT. Planmng Department j¥ CM/DCM/ACM: Dave Hill, 349-8314.~V~ SUBJECT - A-01-0004 (Masch Branch Road) Hold the second of two pubhc hearings regarding the ~nvoluntary annexaUon and service plan for approxtmately 122 acres of land m the western section of the City of Denton Extratemtonal Junsdmtton (ETJ) The stte ts generally located along Masch Branch Road south of Hampton Road north of Highway 380 BACKGROUND A batch asphalt plant has been proposed on Lot 2 Block 1, of the Marriott Garden Addttton, located along the west stde of Masch Branch Road On February 6, 2001, City Council directed staff to mttmte tnvoluntary annexation proceedings for the subject site On February 27, 2001, Ctty Council dectded to ~nclude ~n the involuntary annexatton approxtmately 90 acres along the east side of Masch Branch to be tn comphance wtth Sectton 43 054 of the Local Government Code which states that munm]pallttes wtth a populatton of less than 1 6 mdhon may not annex property unless the width at its narrowest pomt ts at least 1,000 feet This area encompassed approxtmately 122 acres However, after further constderahon, on Aprd 17, 2001, City Councd dectded to annex only Lot 2 Block 1, of the Marriott Garden Addttton and the portton of land along the east s~de of Masch Branch Road that accomphshes the 1,000 feet mtmmum width reqmrement The new total area of the proposed annexation is approximately 35 acres On June 5, 2001, the revtsed acreage figure will be reflected in the draft ordtnance constdered on first reading The western portton of the proposed annexatton area encompasses an extsung sand and gravel processtng plant and portton of the county road maintenance facfltty The eastern portion tncludes a strip of vacant land The Denton Comprehenstve Plan 1999-2020 destgnates the western portton of the proposed annexaUon area as an Employment Center and 100 Year Floodplatn/Envtronmentally Senslttve Area The eastern portton ts ldentffied as an Extsttng Netghborhood/Infill Compattbfltty area The proposed zoning des~gnatton under the Development Code is Netghborhood Restdenttal-2 (NR-2) Thts zomng destgnatton will allow primarily restdentlal uses wtth a max]mum density of 1 5 umts per acre The annexation area is also subject to the Atrport Compatibility Land Use District-2 (ACLUD-2) overlay d~stnct After the annexation of the subject property, any development shall be m comphance wtth the regulations included in the City of Denton Code of Ordtnances, tncludmg but not hmtted to zoning, subdtvtmon and land development regulattons, parkland dedmatton, and landscape Notice of the proposed annexation and zoning destgnat~on was pubhshed tn the Denton Record Chromcle,on April 14, 2001 Twenty (20) property owners within two hundred feet were mailed legal nottces and twenty-eight (28) residents wtthln 500 feet were sent courtesy notmes ~nformtng them of the proposed annexatton and zomng destgnatton As of this wmtng, there have beer~ five (5) responses ~n opposition and 3 responses in favor of the proposed annexation (see Attachment 4) A neighborhood meeting was held on March 12, 2001, to discuss the proposed annexation with affected property owners The following issues were d~scussed dunng the meeting opposmon to the proposed batch asphalt plant at Masch Branch Road, plans for the future expansion of the a~rport and the impacts to the owners of single-family properties, imphcatlons of the ACLUD-2 airport overlay district, the ablhty to mamtmn livestock and agriculture as permitted uses under the proposed zoning for the subject area, the preference of aunexing only the portion of land along Masch Branch Road that ~s required to make the 1,000 feet minimum width, and the burden of clty taxes on property owners OPTIONS 1 Mmntaln land area 2 Delete land area 3 Amend Service Plan 4 Deny RECOMMENDATION Staff recommends that City Council determine final annexation boundaries so that the ordinance may be drafted for the first reading scheduled on June 19, 2001 ESTIMATED PROJECT SCHEDULE The annexation process will be completed by June 19, 2001 (see Attachment 2) PRIOR ACTION/REVIEW The following ~s a chronology of A-01-0004, commonly known as Masch Branch Road Annexation City Council February 6, 2001 February 27, 2001 April 17, 2001 Planning and Zoning Commission Apnl 25, 2001 City Council d~rected staff to reduce the area east of Masch Branch Road to the minimum needed for a legal annexation FISCAL INFORMATION Development of th~s property will ~ncmase the assessed value of the c~ty, county, and school dtstnct It will require no short-term pubhc ~mprovements that are the responsibility of the city ATTACHMENTS 1 Location Map 2 Annexation Schedule 3 Service Plan 4 Property Owner Responses Respectfully submltted~[, D~rector of Planmng and Development Prep~lt by t'~ / DebOrah Vlera Planner I 3 ATTACHMENT 1 ~ NORTH A-01-0004 (MASCH BRANCH ANNEXATION) MA$CH BRANCH RI~ ,, ,, ,= ETJ HAMPTON RD ETj & LOCATION MAP Scale None 4 ATTACHMENT ANNEXATION SCHEDULE OF Masch Branch Road Annexatmn Area Monday, March 5 Involuntary Annexation Pctmon filed, Annexation Study & Set, nee Plans drafted - - Friday, March 16 30-day not~ce of ~ntent to annex to each property owner, each pubhc entity or private entxty that prowdes serwces ~n the area Monday, March 26 Not,ce sent to Technology Services to be pubhshed on Friday, Mar~h ~0 on C~ty Webs~te for the first C~ty Couno~l pubh¢ heanng Wednesday, Mar~h 28 Not~c¢ sent to Denton Reoord-Chromole to be pubhshed on Fndoy, Maroh 30 for the first C~ty Councd pubho hearing Friday, March 30 Posting of s~gns Monday, April 2 200' and 500' Notices Thursday, April 5 Annexation Serwce Plan completed Friday, April 12 Deadline for receipt of petitions for opposition (10 days after notice) Friday, April 6 Not~ce sent to Technology Sennces to be pubhshed on Friday, April ~3 on C~ty Websltc for the Planning and Zoning Commission public hearing Wednesday, April 11 Not~ce sent to Denton R¢cord-Chromcle to be pubhshed on Friday. Annl 13 for the Planning and Zoning Conumss~on and C~ty Counoll pubh¢ heanngs Tuesday, April 17 City Council first pubhc hearing Wednesday, April 25 Planning and Zoning Commission Public hearing -- make a - recommendation to C~ty Council regarding the proposed annexation and the proposed zoning _- - Tuesday, May I City Council conducts second public hearing * Tuesday, June 5 First reading of annexation ordinance - C~W Council by a 4/$'s vote institute anncxatxon proceedings · Tuesday, June 19 Second reading and adoption of annexation ordinance and zoning ordinance - C~ty Councxl by a 4/5's vote takes £mal action 5 ATTACHMENT 3 CITY OF DENTON ANNEXATION PLAN FOR A-01-0004 (Masch Branch Road) I AREA ANNEXED The annexation area ~s located ~n the western portion of Denton's Extratemtonal Jurisdiction and cont/uns approximately 35 acres along Masch Branch Road south of Hampton Road north of H~ghway 380 II INTRODUCTION Thru service plan has been prepared ~n accordance with the Texas Local Government Code, Seetmns 43 021, 43 065, and 43 065(b)-(o) (Vernon 1999, as amended) Mummpal facilities and sarvmes to the annexed area described above will be prowded or made av/ulable on behalf of the C~ty in accordance w~th the following plan The C~ty shall provide the annexed tract the levels of servme, ~nfrastmcture, and infrastructure m/untenance that are comparable to the levels of service, ~nfrastructure, and ~nfrastmcture mmntanance avanlable ~n other parts of the c~ty w~th mmflar topography, land use, and population denmty III AD VALOREM (PROPERTY OWNER) TAX SERVICES A Pohce Protection, Code Enforcement, and Ammal Control Pohce servme, including patrolhng, response to calls, and other routine fanctlons, wall be prowded to the property upon the effective date of the annexation umng ex~stmg personnel and eqmpment Code enforcement and animal control services wall also be prowded to the property upon the effective date of the annexation B Fire Protection F~re protection (w~thm the hm~ts of ex~st~ng hydrants) and emergency medical servmes will be prowded to the property upon the effective date of the annexation The estimated emergency response t~me ~n thru area m 10 minutes, whach m mmflar to responses for surrounding properhes w~th~n the c~ty hnnts The C~ty of Denton wtll prowde emergency medmal servmes ("EMS") C Road and Streets Roads and streets, whmh have been properly platted, duly dedicated, and accepted by the C~ty of Denton and/or Denton County shall be m/untmned by the City of Denton on the effective date of the annexation Installation and m/untenance of street mgns, street hght~ng and traffic control dewces wall be m/untanned by the C~ty of Denton on the effective date of the annexation C Parks and Recreation Factht~es Parks and recreational famlmes ~n the area to be annexed wall beg~n upon the effective date of the annexation according to the 2000 Parks and Recreatton Master Plan No parks are currently located w~tban the proposed annexation area Denton neighborhood park facilities are located within reasonably close d~stanee of the proposed annexation area Residents of the proposed annexation area will be able to use existing City of Denton park: and recreaUon facilities and programs D Library Services Lthrary services will be made available on the effective date of the annexation on the same bas~s and at the same level as similar library facilities are maintained throughout the elty E Building Inspections and Consumer Health Services Bufldang inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as samllar facilities are maintained throughout the City Both services are provided on a "cost recovery" basis, and permit fees offset the costs of services dehvered Incomplete construction must obtain bmldmg permits from the Building Inspections Department of the C~ty of Denton F Planmng and Development Services Planmng and development services will be made available on the effective date of the annexation The Planmng and Development Department currently services this property by way of admnnstrat~on of Chapter 34 of the Code of Ordmances, concemang subdivision and land development regulations City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999 The Future Land Use Plan addresses both land in the city and ~ts ETJ, and the subject tracts contain Ex~stmg Nelghborhood/Infill Compatibfl~ty Areas, Employment Centers, and 100 year Floodplain/ Environmentally Sensitive Areas The Denton Plan designates future land uses to manage the quahty and quantity of growth by organ~zang the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as envlromnental and open space eomdors The Denton Plan will be used as a bas~s for final zomng classifications after the properties are annexed IV UTILITY (RATEPAYER) SERVICES A Solid Waste Collection The City of Denton ~s the exclusive residential and commercial sohd waste service prowder in the C~ty The Department is an entirely fee based operation and reeelvad no resources from taxes Solid waste collection service will be provided to the property upon the effective date of the annexation using existing personnel and equipment Residents have the option to choose between a pnvate company or service w~th the C~ty of Denton The C~ty of Denton Sohd Waste Department will honor existing contracts w~th private sohd waste service providers after the effective date of th~s annexation in accordance w~th Texas Local Government Code, Section 43 056(o) (Vernon Supp 2000) To receive solid waste collecUon service, the customer must contact the City of Denton Customer Service Office and submit a request/apphcation for service Currently the site contains 3 resldentml umts, a sand and gravel processing plant, and county road maintenance facility B Water/Wastewater Facilities Mmntenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will beg~n upon the effective date of the annexation using existing personnel and equipment Currently, the majonty of the area to be annexed ~s provided with a private water well and a private wastewater system A City of Denton waterline exists in the annexation area Additional water and sewer hnes are located along the bonndanes of the annexation area The C~ty shall provide a level of water and wastewater service, infrastructure, and Infrastructure maintenance that is comparable to the level of services, infrastructure, and ~nfrastructure maintenance available ~n other parts of the c~ty w~th topography, land use, and population density s~mllar to those reasonably contemplated or projected ~n the area C Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation The C~ty shall provide a level of drainage services, ~nfrastructure, and ~nfrastmcture maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the c~ty with topography, land use, and population density similar to those reasonably contemplated or projected ~n the area D Electrical Serwces Denton MUmclpal Electric is certified by the State and is obligated to prowde electnc ntfl~ty service to the annexation area should a request be made by a property owner Electric utility service will be made available on the effective date of the annexation on the same basis and at the same level as similar facflmes are maintained throughout the city Denton Municipal Electric ~s the current electric service provider for this s~te V OTHER SERVICES Other serv~¢as that may be provided by the City, such as mumc~pal and general administration will be made avmlable on the effective date of the annexation The C~ty shall prowde a level of services, ~nfrastructure, and infrastructure maintenance that ~s comparable to the level of services, infrastructure, and Infrastructure mamtenance available in other parts of the C~ty with topography, land use, and population density s~mflar to those reasonably contemplated or projected in the area VI CAPITAL IMPROVEMENTS PROGRAM (CIP) Construction of additional water, sewer, street, and drainage facilities will beg~n wlttun two and a half (2 ~) years unless certain services can not be reasonably prowded wlthm that penod If cert~un services can not be reasonably prowded, the City will provide those services within four and a half (4 ½) years after the effectave date of the annexation unless the construction process ~s ~ntermpted by c~rctanstances beyond the control of the City Construction of other capital ~mprovements shall be considered by the C~ty as the needs d~ctate on the same bas~s as such capital improvements are considered throughout the C~ty VII UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing ~n th~s plan shall reqture the C~ty to prowde a uniform level of full municipal serwces to each area of the C~ty, including the annexed area, if d~fferent charaetenst~cs of topography, land use, and population density are considered a sufficient baals for prowdlng different levels of service VIII TERM Thas serrate plan shall be valid for a term often (10) years Renewal of the service plan shall be at the d~scret~on of C~ty Council IX AMENDMENTS The service plan may be amended ff the C~ty Council determines at a pubhc heanng that changed conditions or subsequent occurrences make this service plan unworkable or obsolete The City 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) 9 ATTACHMENT 4 ,, NOTICE OF PUBLIC HEARIN A-01-104 (Mash Branch Road Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, April 17, 2001, to consider annexing approximately 120 acres into to the corporate clty limits of the City of Denton, Texas. The property is located along Hasch Branch Road north of H~ghway 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 all the required meetings The Planning and Zoning Commission will hold separate public hearings, on the same properties, on Wednesday, April 2S, 2001, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned propert. The publlc hearings will start at 6 p.m. In the City Council Chambers of City Hall located at 215 E HcKInney Street, Denton, Texas Because you own property within the proposed annexation area or withln two hundred (200) feet of the subject property, the City Coundl would like to hear how you feel about this annexation and zonino chanoe renuest and Invites you to attend the public hearings. Pubhc hearings are deslgned to provide opportunities for dUzen Involvement and comment. In order for your opinion to be taken Into account, please return the enclosed form with your commen.ts prior to the date of the public hearing O'hls In no way prohlblts you from attending and participating In the publlc hearing.) You may fax It to the number located at the bottom, mall It to the address below, or drop It off In-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Deborah Viera, Case Manager Please circle one: opp-ose~o requ-est In favor of request Neutral to request O~ ... Comments: Signature: ~n ~ ~M Printed Nam~ ~~ & Hailing Address' ~ [k~ ~a~ L)~ ~ ~ ~ PLA~I~& DEVELOPMEN1 Ci~, State Z~p. ~~n~ fl ~ ~ Telephone Number: ~ ~ - ~ - ~ S~ 'hyslcal Address of Pmpe~ ~In 200 feet: CITY OF DENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 . 9403498350 . (F) 840 3'4~ 7707 10 NOTICE OF PUBLIC HEARI'NG A-01-104 (Mash Branch Road Annexation) The City Council of the City of Denton will hold the first of two pubhc hearings on Tuesday, April 17, 2001, to consider annexing approximately :L20 acres Into to the corporate clty limits of the City of Denton, Texas. The property Is located along Masch Branch Road north of Highway 380 south of Hampton Road as shown shaded In the enclosed map Enclosed for your Informabon Is the annexation and zone change request schedule, which notes all the required meetings. The Planning and Zoning Commlsalon will hold separate public heatings, on the same properties, on Wednesday, April 25, 200;!., to consider making a recommendation to City Council regard,nD the proposed annexation and zoning the unzoned propert. The pubhc headngs will start at 6 p.m In the City Council Chambers of City Hall located at 215 E McKlnney Street, Denton, Texas Because you own property within the proposed annexabon area or within two hundred (200) feet of the subject property, the City Councd would hke to hear how you feel about this artne;~aflon and zonlna chanoe request and Invites you to attend the pubhc heanngs Pubhc headngs are designed to provide opportunities for clflzen involvement and comment In order for your opinion to be taken Into account, please return the enclosed form with your comments prior to the date of the public headng. ('this In no way prohlblts you from attending and participating In the public hearing ) You may fax It to the number located at the bottom, mall It to the addresst~elow, or drop It off in-person- Planning and Development Department 22:[ N, Elm ST Dentont Texas 76201 Attn: Deborah Viera, Case Manager Please drcle one: In favor of request Neutral to request O~_posed to request~ Comments: Printed Name' Mailing Address: Cl~, State Z,p: Telephone Number: - Physlcal Address of Prope~ wlthln 200 feet: _ CITY OF DENTON, T~AS CITY HALL WEST 'Fan Coles 4109 l~am~on Rd. Dr:nton, TX '/6207 4/05/~i We ~ ~ ~ ~e~n~ ~ ~e ~flon of ~ ~ lo~ w~ of~ch E~ ~d ~ of ~Bm~ ~ ~ a to~ of one h~ a~ ~mg ~ml~ for ~on ~o ~ ~ton Cl~ ~ We, ~e ~1o f~mily, ~ ~ ~ ~n for ~nne~on of ~s ~ ls ~ ~ a~ ~e pw~ ~ ~ ~ B~ ~, w~ ~ ~ ~ ~ for ~e ~on ~ ~ ~t plant We ~ ~d ~ ~t is ~y ~ to ~ex ~o 49 f~t adja~ to ~ B~ch ~ to a~mph~ ~ ~ ~e ~Io ~mtly ~ ~ ~ ~ m ~On for o~ ~ y~ · ~ l~ ~ ~ ~ ~O ~W !~mt~ ~ ~ ~fly fo~ ho~ l~t~ on ~ ~, of p~ ~ ~m~tntng la~ ~ ~ ~ ~ f~ for ~ffio We ~ ~ ~t ~on ~ ~o a~ wo~d not o~ p~ a fin,n~l ~ ~e ~ ~gon of ~ e=~ ~ ~t ~ ~ ~ o~ ~ W ~o~ ~ ~ It ~ ~n o~ h~ ~t ~s l~d wo~d ~mmn ~ O~ ~mdy for y~ to ~me, ~d ~d ~mt~ ~ ~ a~ ~ wo~d ~m~ a ~e ~ n~ ph~ for ~ ~le ~o~ ~you~stsm~t~tom Ith~h~e Now~t&e~tof~ltp~t ~ over, ~ ~ ~t you ~ ~y ~flon ~ ~e !~ ~d ~t you ~ow o~ hom~ to ~mmn pl~ ~ ~y ~nn~ ~ 49 f~t n~ We a~ yo~ ~g m ~ Req~'t~ely, Don and N~mcy Cole 4109 Hampton Rd Deatol~, TX 76207 940-38741:501 Philhp and Margaret Cole 411514'~m~on Rd Deaton, TX 76207 940-382-8791 Jason and Amy COle 4726 W University Dr PLANNING & DEVELOPMENT i 12 NOT:I::CE OF PUBL:I:¢ HEAR]:N A-O:l.-;l.04 (Mash Branch Road Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, April :[7~ 200:[, to conslder annexlng approxlmately 120 acres Into to the corporate dty limits of the City of Denton, Texas The property Is located along Masch Branch Road north of H~ghway 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 all the required meetings The Plannmng and Zoning Commission will hold separate public hearings, on the same properties, on Wednesday/ April 25/ 200:[~ to consider making a recommendation to Cmty Council regardmng the proposed annexation and zoning the unzoned propert. The public hearings will start at 6 p m In the City Council Chambers of City Hall located at 211.5 E. McKinney Street, Denton, Texas, Because you own property within the proposed annexabon area or within two hundred (200) feet of the subject property, the City Coundl would I~ke to hear how you feel about this annex{~tloiq and zonlna chan~e reouest and Invites you to attend the public heanngs, Public hearings are designed to provide opportunltles for dtizen Involvement and comment In order for : your opinion to be taken Into account, please return the enclosed form with your comments prior to the date of the public hearing, (Thls In no way prohibits you from attending and partlclpatlng In the public hearing,) You may fax It to the number located at the bottom, mall It to the address below, or drop It off in-person, Planning and Development Department 22:[ N. Elm ST Denton~ Texas 7620:[ Attn: Deborah Wera~ Case Manager Please circle one-' In favor of request Neutral to request Commen s: Signature 0./YYlx./'y~ ~0~ Prlnted Name: ~ ~, Mailing Address': ~q~ ~]-~ IJ n~W ~ ~ Telephone Number: ~D ~ (~ 13. The Cole~ 4109 Ham.~on Rd. Denton, TX 76207 4/05/01 Dear MS Viora We am writing m reference to the anuexatmn of the property located west of Ranch Estates and east of Marsh Branch Rd. There is a to~l of one hundred acres being considered for aanexat~on into the Denton City hm~t$ We, the Cole f~mily, understand that tho ~%son for anue~t~on of this property is to also acqmre the properly east of Marsh Branch Rd., which was the ~te proposed for the construction of an a~ .?halt planL We also ~d that it is only uecessmy to annex tho 49 feet adjacent to Marsh Branch Rd to accomplish this goal The Cole enmi~ Ires owued tho land m questian for over f~fly yeurs Th0 f~m°tlY lx~S m any Obie~tlOns tO their land bcing ~ into the city lmut~ Them am cu~,~ay four home~ located on tins prope~, of Whie~ COl0 fi~mtly l~omhcrs O~X~py three There 8so also three water wells and several barns on the pro~Ity Tho r~mntmng lnnd ts ~to grow feed for c~_.Ute We are coneemed that ~on rote the city would not only place a finnncufl burde~ due to taxation of all emstmg bufldmg~ but will also restrict our ability to t?ovo the hind. It has ~ our hope that this land would rem~m m our fnm,ly for years to come~ and would r~tmntn the counl~y _ntmosphe~ !hat would provide a safe n,a nu~mng place for furore Cole geueration~ As you ~m see thls ls more thatjnst prol~ty to ns It ls our homo. Nowthatthothreatofanas~h~ al(plant ~s over, we ~equest that you reconsider any aanoxstmn of the !~a and that you allow our homes to r~mnin outsld~ tho city limits If c0atr01 of the prope~y east of Marsh Branch Rd. ~s still tho goal of thc council, ple~e consider only nnn~xmg the 49 feet l~led. We appreciate your under~tn~dm5 m this matte~' ~ely, Don and Nancy Cole Denton, TX 76207 ~ ..... 940-387-8301 RPR ! 0 Philhp and Mucrgaret COle 4n5 munpmnl , - - Denton, TX ?6207 PLANNING & DEVELOPiVIENT, 940-382-8791 4726 W Unlvermty Dr Denton, TX 76207 940-898-1554 NOT3::¢E OF PUBL:I:¢ HEAR]::NG A-0:i.-104 (Mash Branch Road An.nexatlon) The City Councd of the City of Denton wdl hold the first of two public hearings on Tuesday~ April :L7t 200:i., to consider annexing approximately ~.20 acres Into to the corporate city limits of the City of Denton, Texas The property is located along Masch Branch Road north of Highway 380 south of Hampton Road as shown shaded In the enclosed map Enclosed for your lnformabon ~s the annexation and zone change request scheduJe, which notes all the required meetings The Planning and Zoning Commission wttl hold separate pubhc hearings, on the same propertms, on Wednesdayt Aprd 25~ 2001~ to consider making a recommendation to C~ty Councd regarding the proposed annexation and zomng the unzoned propert. The pubhc hearings will start at 6 p.m in the Qty Council Chambers of Qty Hall located at 2~.5 E [vlcKInney Street~ Dentont Texas Because you own property w~thm the proposed annexabon area or within two hundred (200) feet of the subject property, the Qty Councd would hke to hear how you feel about this _annexatior~ and zonlnq chanqe request and Inwtes you to attend the pubhc hearings Pubhc hearings are designed to prowde opportunities for citizen involvement and comment in order for your op~nlon to be taken into account, please return the enclosed form w~th your comments prior to the date of the public hearing (This in no way prohlblts you from attending and parUclpat~ng in the blic heanng ) You may fax It to the number located at the bottom, mad it to the address below, or drop it off in-person' Planning and Development Department 22:L N. Elm ST Denton~ Texas 7620:L Attn: Deborah Wera~ Case f4anager Please circle one' ~" eques~ in favor of request Neutral to request pposed t? r Comments: CITY OF DENTON, TEXAS CiTY HALL WEST ° DENTON TEXAS 76201 ' 9403498350" (F)9403497707 ]_5 4109 Ham~n~ Denton. TX 76207 _ 4/05/01 ~ ~:qnnnln~ ~ ZO~i,l~ Comm~t~ ~ ~ B~ ~ ~ ~s a to~ ~ o~ h~ ~ ~lng ~ ~r ~on ]n~ ~ ~ Ci~ ~ We, ~ ~le ~, ~ t~ ~ ~n for ~l ~gon ~ ~ ~ ts m ~ ~ ~ pm~ ~of~B~,w~e~p ~ for~~~t~ Weg~~it Is ~ ~ to~ 09~ ~~B~h ~ w~c~~~ ~ o~~s~~on~ ~ wo~d not o~y ~ a ~M ~ ~ ~ ~ ton ~ ~1 ~ng ~ ~ ~H ~ ~ t ~s o~r. ~ ~ ~ y~ ~r ~y ~e~on ~ ~e~il~ ~n~lof~~ox ~~1~~ Don and Nancy Cole 4109 I4nm~. nn Rd Denton, ~ 762~ 41ts ~m~ ~ 76207 ~ ENT ~382~1 ~n ~ ~ 4~ wu~ ~ NNING & DE~LOPU ~Dt~ ~ ?6207 From <GIgMayo@cs corn> To <deborah vlera@cltyofdenton com> Date 4/9/01 7 28PM Subject Annexation on Masch Branch Rd Ms Viera, ~ .... We feel strongly that the plant site on Masch Branch Road and the necessary 50 feet of Cole property should be annexed As long as the Cole property remains a family farm we don't see any need to annex the whole farm Erie & Lurlene Mayo 3913 Hampton Rd Denton, TX 76207 (940) 382-6643 ~b~r~h Vi~a :A .... dl iO4--M-a'~h Bran~h-R~-a~-A~atl~)~"' ..................... Page From "Dale Yeatts" <yeatts@scs cmm unt edu> To <deborah vlera@cltyofdenton com> Date 4/5/01 11 49^M Subject A-01-104 Mash Branch Roach Annexation Hi Deborah, I would like to use this emall In place of appearing at the two public hearings to volce my thoughts/oplnlons on the proposed annexation I live at 2001 Lariat Road Just Inslde the City limits and received a Courtesy Notice about the public hearings I AM STRONGLY IN FAVOR OF SUCH ANNEXATION As you know there was, unbl recently, plans to build an asphalt plant on Mash Branch Road Annexation of the land would prevent this from happening at this location I understand that the owner of the land does not want annexation and I can sympathize with this However, I fear that without protection from the city through annexation, thls land could be used for purposes unfitting for a Iocafion that Is so close to a large neighborhood (Ranch Estates) Thank you, Dale Dale Yeatts 2001 Lariat Road Denton, TX 76207 I8 NOTICE OF PUBLIC HEARING A-01-104 (Mash Branch Road Annexation) The City Council of the City of Denton will hold the first of two pubhc hearings on Tuesday, April 17t 2001, to conslder annexing approxlmately 120 acres into to the corporate city limits of the Cib/of Denton, Texas. The properb/Is located along Masch 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 request schedule, which notes all the required meetings. The Planning and Zoning Commission will hold separate pubhc heanngs, on the same properties, on Wednesday~ April 25~ 2001~ to consider making a recommendation to City Council regarding the proposed annexabon and zoning the unzoned propert. The pubhc hearings will start at 6 p.m In the Clty Council Chambers of Qty Half located at 215 E HcKInney Street, Denton, Texas Because you own property w~thln the proposed annexabon area or within two hundred (200) feet of the subject property, the City Councd wo,,Irt Itke to hear how you feel about this annexaUon and zonlno chanoe reouest and Invites you to attend the public hearings. Public headngs are deslgned to provlde opportunlUes for dUzen Involvement and comment. Tn order for your opinion to be taken Into account, please return the enclosed form with your comments pnor to the date of the public headng. (This In no way prohibits you from attending and participating In the public hearing ) You may fax It to the number located at the bottom, mail It to the address below, or drop it off In-person: Planning and Development Depar~ment,.~____ 221N. Elm ST I~'~ ~[~ ("~__ r-~ r3~--'-~-r-.~ r... Attn. DD~tr°a~ vT~eXraa; CaTs6e21~lanager Please circle one: u uj ~fav~ Neutral to request O Comments= C,Ly, State Zip /~m.cZ.~ FrJ ,~/~'. '¢,~ ~. o ~ Telephone Number: ~(~ ~ ~ ~-- ~ ~ Phys]~l Address of Prope~ wRh]n 200 Ceet: ~ .., ~ CI~ OF DENTON, T~S CI~ HALL WEST - n="=ON, T~S 76201 · 940~98350 · (F)9403497707 [9 NOT'J:CE OF PUBI. IC HEARIN Z-00-0005 (Masch Branch Road Zoning) & A-01-0004 (Masch Branch Road Annexation) The Planning and Zoning Commission of the Chty of Denton will hold a public hearing on Wednesday, April 25, 2001, to consider making a recommendation to City Council regarding the proposed annexatmn and zoning to an Agricultural (A) zoning district translttomng to the proposed Neighborhood Resldestlal-2 (N~.-2) and possibly Employment Center-Industrtal (ECl) - this ~s subject to further conslderat~on of the &aft zoning map, upon adoption of the Development Code for approximately 122 acres located along Masch Branch Road south of Hampton Road north of H~ghway 380 as shown shaded m the enclosed map The pubho hearing yell start at 6 pm m the C~ty Counml Chambers of City Hall located at 215 E MoKlnney Street, Denton, Texas Because you own property within the proposed annexatwn area or within two htmdred (200) feet of the subject prot~ertyo the City Council would hie to hear how you feel about this annexation and zomnz chan~_e req,test and invites you to attend the pubhc heanngs Public hesnngs are designed to prowde opportunities for ciO. zen involvement and comment In order for your op~men to be taken into account, please return the enclosed form with your comments prior to the date of the public heanng (This m no wayprohtblts youfrorn attending andpartictl~atmg in thel~ublic hearing) You may fax it to the number looated at the bottom, mall it to the ed&ess below, or drop ~t offm-person Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn. Deborah Vlera, Case Manager The zoning process includes two public hearings designed to prowde opportumt~es for citizen involvement and comment Prior to the public heanngs, landowners vatlun two hun&ed (200) feet of the subject property are not~fied of the zoning request by way of this nohce The first public heanng is held before the Planning and Zoning Comm[$slun The Commission ~s informed of thc p~rcent of responses m support and in opposltmn Second, the zoning petmon is forwarded to the City Council for t'mal action prowdmg the Commtsslon recommends approval Should the Commission recommend dvmal, the pettt~oner may then appeal the request to the City Council If owners of more than twenty (20) percent of the land area vat/un two hundred (200) feet of the site submit ~tten opposttlon, then sm out of seven votes of the C~ty Council are reqmred to approve the zoning change , These forms are used to calculate the t~ercentage of landowner Ol~pOsltton Please eh'de one I1\\1 p[A N e & EVELOPUENT C~ty, State Zip: ~(~ ~- ~ ? Physical Ad(hess ofP~operty vathm 200 f'est~:~~f~'~/o ~ CITY OFDENTON, TF-.X.4S CITY HALL WEST . - .... TEXAS 76201 · 940349 8350 · (F) 940 349 7707 ~- ~ 20 AGENDA DATE' May 1, 2001 DEPARTMENT: Planning Department CM/DCM/ACM: Dawd Hdl, 349-8314 SUBJECT - A-01-0001 (Denton ISD) Hold the first of two pubhc heanngs regarding a proposed voluntary annexation and servme plan for approximately 77 5 acres of land located north of Loop 288, east of Stuart Road and west of Sherman Drive m the extratemtonal junsdmt~on of the C~ty of Denton, Texas BACKGROUND The property ~s owned by Denton Independent School D~stnct, which has requested that the property be annexed The entire tract of property owned by DISD ~s about 120 4 acres in s~ze, of these, approximately 42 9 acres are already wlth~n Denton c~ty limits (see Attachment 1) The proposed annexation would bnng the rest of the property w~th~n the mty The property is currently undeveloped DISD's stated purpose of the annexation ~s to construct an elementary school, a m~ddle school, a sports stadmm, an ~ndoor natatorium, an outdoor aquatm center and a park w~th playing fields (see Attachment 7) The C~ty of Denton's Parks and Recreation Department would assist ~n the construction and operation of some of these facd~t~es under a joint-use agreement w~th the school d~strict The zomng at the t~me of annexation will be Agricultural (A) ff the ex~st~ng Zomng ordinance ~s still ~n effect at that t~me If the draft development code ~s ~n effect at the t~me of annexation, the zonarg would be Neighborhood Center Res~dentml (NCR-4) The developntent as proposed will reqmre pubhc ~mprovements The following is a prehmlnary hst of those ~mprovements which may be triggered by the platting process I R~ght-of-way dedmat~on along Sherman Drive, Long Road and Stuart Road 2 Possible participation in a future traffic s~gnal at Sherman Drive and Long Road 3 Construction of internal streets 4 Construction of s~dewalks along all public streets 5 Extension of pubhc utdlt~es to serwce the development 6 Possthle upslz~ng of extst~ng pubhc utd~t~es 7 Installation of fire hydrants 8 Dedication ofpubhc utility and drmnage easements 9 Construction of c~ty-operated parks and recreation facd~t~es In accordance w~th the C~ty's annexation pohcy plan, approved ~n June 1993, the C~ty will "assess on a case by case bas~s the annexation of areas ~n the ETJ when s~gmficant developments are proposed" Ctty staff is currently ~n the process of analyzing the ~mpact of th~s development on c~ty utfl~Ues and services OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item RECOMMENDATION The Denton Plan antlmpatcs this property to be within a Neighborhood Centers area Since this property is outside the city hmlts, annexation ~s the logmal step to ensure development consmtent with The Denton Plan This annexation would provide the City of Denton the authority to regulate land use based upon zoning classification Therefore, staff recommends that thc City Council conduct a thorough analysis regarding this request for annexation PRIOR ACTION/REVIEW (Council, Boards, Commissions) April 10, 2001 City Council institutes annexaUon proceedings FISCAL INFORMATION None at this time ATTACHMENTS 1 Location Map 2 Zoning Map 3 Utility Map 4 Denton Mobility Map 5 Annexatmn Schedule 6 Service Plan 7 Petition for Annexation Respectfully submitted Director of Planmng and Development Prepared by Thomas B Gray j Planner I ~' 2 ATTACHMENT 1 ~ NORTH A-01-0001 (Denton lSD) LOCATION MAP Agenda Date 'May 1,2001 Scale None 3 ATTACHMENT 2 A NORTH A-01-0001 (Denton lSD) ZONING MAP Agenda Date May 1,2001 Scale None ATTACtR4E~IT 3 ~ NORTH A-01-0001 (Denton lSD) UTILITIES MAP · Hydrants .... Water Line (W L ) --- '--- Sewer Line (S L) Agenda Date May 1,2001 Scale None ATTACHMENT 4 ~ NORTH A-01-0001 (DISD) 288 DENTON MOBILITY PLAN MAP Freeways Primary Major Arterials ,,' ',~,,' Secondary Major Arterials Collectors Agenda Date. May 1, 2001 Scale None ATTACHMENT 5 A-01-0001 ANNEXATION SCHEDULE February 19, 2001 Staff receives annexation petition April 10, 2001 C~ty Council receives a prehm~nary assessment, g~ves d~rect~on to staff and considers approval of a schedule for pubhc heanngs regarding the proposed annexation r~ Preliminary Annexation Assessment prepared a Annexatlon Schedule prepared Apn114, 2001 Nobce pubhshed ~n Denton Record-Chremcle for hrst pubhc heanng a Not, ce sent to newspaper by noon on Apn111 [] Annexation Study prepared and available for pubhc rewew r~ Service Plan prepared and available for pubhc rewew April 28, 2001 Notice pubhshed in Denton Record-Chromcle for Planning and Zomng Commission pubhc heanng :~ Not~ce sent to newspaper by noon on April 25 May 1,200~1 City,Council conducts first pubhc heanng · Publl~: I!~tice must be no less than 10 days and no more than 20 days b~fore public heanng Apnl 28, 2001 Notice pubhshed ~n Denton Record-Chromcle for second C~ty Council pubhc hearing [] Not,ce sent to newspaper by noon on ^phi 25 May 9, 2001 Planmng and Zomng Commission holds a public heanng and considers making a recommendation to the C~ty Council regarding the proposed annexation and the proposed zomng · Pubhc not~ce must be no less than 10 days before pubhc hearing May 15, 2001 C~ty Council conducts second public hearing · Public notme must be no less than 10 days and no more than 20 days before pubhc heanng June 5, 2001 C~ty Council by a four-fifths vote ~nstltutes annexation proceedings First reading of annexation ordinance · Action must be more than 20 days after the second pubhc hearing but less than 40 days from the first pubhc heanng June 16, 2001 Pubhcabon of annexation ordinance ~n Denton Record-Chromcle [] Text sent to newspaper by June 8 to ensure ~nclus~on July 17, 2001 City Council by a four-fifths vote takes f~nal action Second reading and adoption of the annexation ordinance · Council action must be more than 30 days after pubhcat~on of ordinance and less than 90 days after council ~nst~tutes annexation proceedings ATTACHMENT 6 CITY OF DENTON ANNEXATION PLAN FOR A-01-0001 (DENTON 1SD) I AREA ANNEXED The annexation area as located an the northern port~on of Demon's Extratemtonal Jurisdiction and contains approximately 77 5 acres generally located north of Loop 288, south of Long Road, east of Stuart Road and west of Sherman Drive II INTRODUCTION This serwee plan has been prepared ~n accordance w~th the Texas Local Government Code, Sections 43 021, 43 065, and 43 065(b)-(o) (Vernon 1999, as amended) Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance w~th the following plan The C~ty shall provide the annexed tract the levels of service, ~nfrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available ~n other parts of the c~ty w~th similar topography, land use, and population density III AD VALOREM (PROPERTY OWNER) TAX SERVICES A Pohee Protection, Code Enforcement, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment Code enforcement and animal control servacas wall also be prowded to the property upon the effective date of the annexation B Fire Protection Fare protection (within the limits of ex~stmg hydrants) and emergency medical services wall be provided to the property upon the effective date of the annexation The City of Denton will provide emergency Medical services, ("EMS") C Road and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the C~ty of Denton and/or Denton County shall be maintained by the C~ty of Denton on the effective date of the annexation New traffic control devices wall be installed as approved by the Denton City Council Installation and maintenance of street signs, street hghtlng and traffic control dewces will be maintained by the City of Denton on the effective date of the annexation C Parks and Recreation Facflmes Parks and recreational facilities an the area to be annexed will began upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan No parks are currently located within the proposed annexation 8 area Existing Denton neighborhood park facthtles are at Evers Park and Avondale Park, which are located within reasonably close distance of the proposed annexation area Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facthtles and programs Future park facilities are proposed for th~s annexation site D Library Services Library serwees will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maintained throughout the city E Building Inspections and Consumer Health Services Bullchng inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar faethtles are mmntamed throughout the City Both services are provided on a "cost recovery" basis, and permit fees offset the costs of services delivered Incomplete construction must obtain bulldmg permits from the Building Inspections Department of the City of Denton F Planning and Development Services Planmng and development services will be will be made available on the effective date of the annexation The Planning and Development Department currently services tl~s property by way of admnnstratlon of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999 The Future Land Use Plan addresses both land m the city and its ETJ, and the subject tract ~s part of an Neighborhoods / Infill Compatibility Area No Environmentally Sensitive Areas (ESAs) are located on this site The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available ~nfrastructure, and by preserving floodplains as environmental and open space comdors The Denton Plan will be used as a basis for final zomng classifications after the properties are al~lexed IV UTILITY (RATEPAYER) SERVICES A Solid Waste Collection The City of Denton is the exclusive residential and commercial solid waste service provider in the C~ty The Department is an entirely fee based operation and received no resources from taxes Solid waste collection service will be provided to the property upon the effective date of the annexation using existing personnel and equipment Residents have the option to choose between a private company or service with the City of Denton The City of Denton Solid Waste Department will honor existing contracts w~th private solid waste service prowders after the effectxve date of this annexation m accordance with Texas Local Government Code, Section 43 056(o) (Vernon Supp 2000) To receive solid waste collection servace, the customer must contact the City of Denton Customer Service Office and submit a request/appheat~on for service Currently the sxte contams one vacant residential structure B Water/Wastewater FacallheS Mtuntenanee of water and wastewater faclht~es in the area to be annexed that are not within the service area of another water or wastewater utility will begin upon the effective date of the annexation using existing personnel and equipment Currently, the area to be annexed is not provided with any water or wastewater systems, and no City of Denton water or wastewater lines exist m the annexatxon area The C~ty shall provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that ~s comparable to the level of services, mfrastructure, and infrastructure maintenance available m other parts of the city w~th topography, land use, and populataon density sxmflar to those reasonably contemplated or projected in the area C Drainage Services Drmnage mmntenanee will be provided to the property upon the effective date of the annexation The City shall provide a level of drainage servxces, infrastructure, and infrastructure maintenance that ~s comparable to the level of services, infrastructure, and infrastructure mmntenance available in other parts of the c~ty w~th topography, land use, and population densxty s~nnlar to those reasonably contemplated or projected an the area D Electrical Services Denton Mumclpal Electric ~s cemfied by the State and is obligated to prowde elect'nc lltlllty servme to the annexation area should a request be made by a property owner Electric utlllty service will be made avmlable on the effective date of the annexation on the same basis and at the same level as similar famhtles are mamtmned throughout the c~ty Denton Mummpal Electric is the current electric servme provader for th~s site V, OTHER SERVICES Other services that may be provaded by the City, such as mumclpal and general admamstratxon will be made avmlable on the effective date of the annexation The City shall provide a level of services, infrastructure, and infrastructure mmntenance that ~s comparable to the level of services, infrastructure, and infrastructure mmntenance avmlable m other parts of the City with topography, land use, and pspulatlon density similar to those reasonably contemplated or projected in the area VI CAPITAL IMPROVEMENTS PROGRAM (CIP) Construction of addalonal water, sewer, street, and drainage facilities will begin wattun two and a half (2 ¼) years unless certtun serwces can not be reasonably J_0, provided wathln that period If certmn services can not be reasonably provided, the City will provide those services within four and a half (4 ½) years after the effective date of the annexation unless the construction process is interrupted by circumstances beyond the control of the City Construction of other capital improvements shall be considered by the City as the needs dictate on the same basis as such capital improvements are considered throughout the City VII UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing m this plan shall reqmre the C~ty to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different charactenstms of topography, land use, and population density are considered a sufficient basis for prowdmg d~fferent levels of service VIII TERM This servtce plan shall be valid for a term of ten (10) years Renewal of the service plan shall be at the d~scretlon of City Council IX AMENDMENTS The servme plan may be amended if the Cxty Council determines at a public heanng that changed condatlons or subsequent occurrences make this service plan unworkable or obsolete The C~ty Council may amend the service plan to conform to the changed condltxons or subsequent occurrences pursuant to Texas Local Government Code, Section 43 056 (Vernon Supp 2000) i1 Date //~ O~' ,20O0 The undersigned does hereby petition for annexauon ¢ Loop 288 and Sherman Dr (FM428) unsdmnon of the Clt7 of Denton, Texas The property Is more partieularl: d shown on the attached map The undersigned also cemfies that the following required ~: ~ accurate and assumes responsibility for the completion of smd information prior to scheduled acnon on the request of the City of Denton 1 Is petmon being initiated by owner(s) or majority of regtstered voters m area of request? Yes If no, what Is the status of the applicant? Owner's Consultant 2 How many dwelhng units are located within the area requested for annexation~ 0 3 How many businesses or non-residential land uses are located within the area of request? 0 Please provide a general description of these land uses mdudmg the names of the businesses, d known Currently agricultural useage (fallow) Proposed uses Aquatic center (mdoor and outdoor factht~es), Sports stadmm, Elementary school, Middle school and City park w~th playing fields Developed and operated by OB' of Denton and Denton I S D 4 Does area of request include any territory within the aty lurers or extra-terntonal lunschctton of another aty? No If yes, which city? 5 Estimated population of the area m request 0 Adaks 0 Cluldren 0 Number of Registered Voters 0 6 At the t~me of th,s petmon, have any other annexation procedures been Lmt~ated for all or any part of the area requested m th~s ,etmon? No If yes, please explmn the procedures begun and their sxatus 7 Does a water supply &strict he within the boundaries of the area proposed for annexatton? No 8 What zoning, If any, other than agricultural (A), is being requested under separate apphcauon~ Applicable zoning to be determined by eaty staff 9 What Is the purpose of the annexation? To bring the proposed development of this area under the control of the City of Denton ANNEXATION Pi~ffflON PAGE 2 Applicant Wflham M Coleman Company Surveyors & En~neers of North Texas Address 1621 Amanda Court Tel 940 482 2906 Fax 940 482 2911 City Ponder State TX ZIP 76259 Em*ul wcoleman@sentcorp corn Property Owner Denton I S D Company Address 1307 North Locust Tel 940 387 6151 Fax City. Denton State.Tx ZIP 76201 Emad Engineer See Appheant info Company Address Tel Fax City, State__ ZIP Emad SIGNATURE OF PROPERTY OWNER~R APPLICANT For Departmental Use Only (S~G~ te,~D P~T qR TY~ ~/ Total Fee(s) Subscribed and sworn before me -- / -- :~~ ~. ~_. Date Subrmtted APPLICATION DEADLr~ ,AY AT 10 00 AM 13 AGENDA INFORMATION SHEET AGENDA DATE. May 1, 2001 DEPARTMENT: Planning Department CMdDCM_/ACM' David Hill, 349-8314 SUBJECT - Z-01-0003 (Preserve at Pecan Creek) Hold a pubhe heanng and consider adoption of an ordinance amending the Concept Plan and Detailed Plan for approximately 428 acres located an the Planned Development 132 (PD-132) zoning district, commonly known as The Preserve at Pecan Creek The property is generally located northeast of the intersection of Interstate 35E and Lakevlew Boulevard and east of Swisher Road The intent is to modify the scope and phasing of transportation improvements associated with The Preserve at Pecan Creek development The Planning and Zoning Commission recommends approval (7-0) with conditions BACKGROUND The approved Concept and Detailed Plans for the Planned Development 132 (PD-132) zoning districts contarns a list of required transportation improvements that are to be executed as the development is built out The applicant has requested an amendment to the PD-132 Concept and Detailed Plans in order to modify the scope and phasing of these transportation ~mprovements (see Enclosure 2 of Attachment l) Currently, the apphcant ~s reqmred to extend Lakev~ew Boulevard northward and construct an extension of Edwards Road from Swisher Road to the northern extensmn of Lakewew Boulevard when tracts D or M are developed The apphcant would like to delay the Edwards Road extension until such time as Tracts L, M or O are developed ~ No changes to land uses or densmes within the PD-132 zoning district are being proposed ~ The Denton Plan shows this area to be within a "Neighborhood Centers" future land use area The proposed zomng apphcation will not affect th~s development's comphance with The Denton Plan ~ Seven (7) property owners were notified of the zoning request One (1) response has been received in opposition to the request This represents about 3 15% of the land area w~thin 200 feet in opposmon A property owner who lives outside of the 200 foot area has also written a letter regardmg the request (see Attachment 1 - Enclosures 3, 4 and 5) OPTIONS 1 Approve as submitted 2 Approve with condmons 3 Deny 4 Postpone consideration 5 Table xtem 1, P&Z RECOMMENDATION The Planning and Zomng Comm~ssmn recommends approval (7-0) of th~s zoning request w~th the following cond~tlon 1 The temporary road connection between Pockrus Page Road and Lakev~ew Boulevard will remain m place until such t~me that the proposed extension of Edwards Road to Lakevlew Boulevard ~s completed ESTIMATED PROJECT SCHEDULE None PRIOR ACTION/REVIEW The following ~s a chronology of Z-01-0003, commonly known as Preserve at Pecan Creek Apphcatmn Date- March 27, 2001 DRC Date(s) - none P&Z Date - April 11, 2001 FISCAL INFORMATION None ATTACHMENTS 1 Planning and Zoning Comm~smon Report, April 11, 2001, Z-01-0003 2 Planning and Zomng Commission m~nutes from April 11, 2001 3 Draft Ordinance Respectfully submitted D~rector of Planmng and Development Prepared by Thomas B Gray Planner I ATTACHMENT 1 Agenda It~rn 7 PLANNING AND ZONING COMMISSION - STAFF REPORT Subject Preserve at Pecan Creek Case Number Z-01-0003 Staff Thomas Gray/David Salmon Agenda Date Apn111, 2001 Hold a pubhc heanng and conmder making a recommendabon to the City Council concermng an amended concept plan and detailed plan for approximately 428 acres located In Planned Development 132 (PD-132) zomng d~stnct, commonly known as The Preserve at Pecan Creek The ~ntent is to modify the scope and phasing of transportabon ~mprovements for the Preserve at Pecan Creek LOCATION MAP Location North and east of the ~ntersectlon ~f Interstate 35E and Lakewew Blvd and east of Swisher Road Size 428 acres Z O1 0003 3 Applicant' Goodw~n & Mamhall, Inc Owner Preserve at Pecan Creek Partners 6001 Bridge Street, Ste 100 5300 Town and Country Bird Ste 260 Fort Worth, TX, 76112 Frisco, TX 75034 The developer is requesting an amendment to the Planned Development 132 zomng d~stnct class~ficabon for th~s 428-acre property to modify the scope and phasing of transportation improvements (see Enclosure 2) The proposal ~s to delay the extension of Edwards Road until Tracts L, M or O are developed rather than when tracts D or M are developed Subsequently, the extension of Lakewew Blvd to Edwards Road would be delayed accordingly In developing Tract D, Pockrus Page Road will need to be d~sconnected from Lakewew Blvd The owner ~ntends to construct a temporary read connecbng Pockrus Page Road w~th Lakevlew Blvd through Tract A The temporary read would be removed once the Edwards Road extension is completed 1999-2020 Denton Comprehensive Plan Analys,s The Denton Plan shows th~s area to be in a "Neighborhood Centers" future land use area The proposed zoning apphcatlon will not affect this development's comphance wrth The Denton Plan I Transportation A Access The net result of the proposed amendment to Planned development 132 ~s a delay ~n the construction of the extension of Edwards Road until tracts L, M or O are developed which precipitates a delay ~n the extension of Lakev~ew BIvd north to Edwards Road The exist~ng PD ordinance reequ~red extension of Edwards Road with the development of Tracts D or M The reasomng behind the orlglnal requirement ~s that once tract D was developed, Pockrus Page Road would have to be disconnected from Lakeview Blvd, cutbng off access to properties on Swisher, Pockrus Page and Edwards Roads from the east As the owner has proposed to replace Pockrus Page Road'w~th an eqmvalent, but temporary read through Tract A, the need for Edwards Road when Tract D develops no longer exists L~kew~se, there is no real need to extend Lakewew Bird north to Edwards Road unbl Edwards Road ~s constructed orone of the northern tracts (J, L, N, O or P) ~s developed Tract M is a small residential tract w~th only 65 lots, and does not reqmre extension of Edwards Road or the ~mmed~ate extension of Lakewew BIvd In addition, ~he ahgnment of Lakewew Bird north of Pecan Creek has not been settled, and could ulbmately affect the ahgnment through Tracts M, N, O and P of the Preserve, so delaying construction of the northward extension of Lakev~ew Blvd will prowde flexlb~hty ~n determining the ulbmate ahgnment Z O1 0003 B Pedestrian L~nkages Sidewalks along all public streets are required 2 Utilities The proposed amendment w~ll not change any pmws~ons of the exmt~ng planned development ~n regard to utiht~es 3 Drainage and Topography The proposed amendment w~ll not change any prows,ohs ,n the ex~sbng planned development ~n regard to drainage and topography 4 S~gns Th~s amendment w~ll not change any prows~ons ~n the exmbng planned development m regard to slgnage 5 Off-Street Parking The proposed amendment w~ll not change any prowslons ,n the ex~sbng planned development In regard to parking 6 Landscaping The proposed amendment w~ll not change any prows~ons ~n the ex~sbng planned development ~n regard to landscaping 7. Open Space and Recreational Areas The proposed amendment w~ll not change any provisions ,n the ex~sbng planned development ~n regard to open space and recreabon areas 8 L,ghtmg The proposed amendment w~ll not change any prowmons ,n the ex~st~ng planned development m regard to hght~ng 9 Env, ronmental Quality Impacts The proposed amendment will not have any net effect on no~se, so~l erosion or any other enwronmental ~mpact November 17, 1998 - An amended Concept Plan for PD-132 was approved by Ord;nance 98- 394 October 18, 1988 - C~ty Council approved a Concept Plan for 414 9 acres, which ;ncluded the subject property, which ~dent~fied thru property as Planned Development 132 (PD-132) Z Ol 0003 5 The subject preperty ~s not platted and would need to be platted prior to any development Notme of the zoning request was pubhshed ~n the Denton Record-Chromcle on March 31, 2001 Seven (7) property owners w~th~n two hundred feet were totaled legal notices and e~ght (8) remdents within five hundred feet were sent courtesy notices ~nform~ng them of the request (see Enclosure 3) As of thru writing, there has been one (1) response ~n opposition to the request (see Enclosure 4) No neighborhood meetings were held Staff recommends approval of Z-01-0003 w~th the following conditions 1 That the temporary road connection between Pockrus Page Road and Lakewew BIvd remain ~n place until such t~me that the proposed extenmon of Edwards Road to Lakewew Blvd ~s completed I move to recommend approval of Z-01-0003 with the following conditions 1 That the temporary road connection between Pockrus Page Road and Lakewew Blvd remain ~n place until such t~me that the proposed extenmon of Edwards Road to Lakevlew BIvd ~s completed 1 Recommend approval as submitted 2 Recommend approval w~th conditions 3 Recommend demal 4 Postpone conmderat~on 5 Table ~tem, 1 Exmt~ng Transportation Improvements Required for PD-132 2 Proposed Amended to Transportation Improvements 3 200'-500' Notification Map 4 Property Owner Responses 5 Responses from Residents Outside 200' Area Z Ol 0003 6. ENCLOSURE i The Preserve Reqmred Transportation Improvements Revised 9/19/00 Tran~portation Improvement Triggered By Signalization of Lnkevlew Blvd at IH 35E Frontage Road based upon Warrant Study Warrant Study Approved by TxDOT shall begin with the Development of Tracts A~ B, and G 2 Interma right turn lanes at Lakewew Blvd and IH 35E Frontage Road Development of (northbound and westbound) Tract Ar B) Ct or O 3 Construct Lakevlew Blvd from Shady Shores Road (Old US 77) to northern Development of boundary of Tract A as a two-lane 25- foot back-to-back street section, 8- Tract A or G mchlthlck concrete or 10-tach flnck n~hnlt 4 Reconstruct Lakevlew Blvd from IH 35E Frontage Road to Shady Shores Development of Road as a 4-lane thvlded street, 8-tach thick concrete or 10-tach thick Tract C, or asphalt Development of Tracts A, Br and G 5 Construct Lakevlew Blvd fi.om the northern boundary of Tract A to the Development of creek bisecting Tract G as a two-lane 25-foot back-to-back street, 8-tach Tract G thlc~ concrete or 10-tach thick asphalt 6 Construct Lakevlew Bird fi.om the creek bisecting Tract G to Edwards Develg, pme.nt of Road as a two-lane 25 foot back-to-back street, 8-tach thick concrete or 10- Tract D, J, K, L, tach thick asphalt M~ N~ Or or P 7 Construct Lakevlew Blvd fi.om Edwards Road to the northern boundary of , Development of The Preserve as a two-lane 25 foot back~to-back street, i-tach thick concrete Tract O or P or 10=Inch thick asphalt 7A Construct Lakevlew Blvd to northern most entry to either Tract M or lq as a Development of two,lane 25 foot back-to-back street, 8-mch thick concrete or 10-inch thick Tr~I or N 8 Complete Lakeview Bird as a 4-lane divided road (two 25-foot back-to- Completion of back sectmns with a minimum 14 foot w~de median) from Shady Shores Edwards Road and Road to Edwards Road, S-tach concrete or 10-inch asphalt Development of Tracts I-Ir I, and J 9 Dtscoanect Swisher Road north of Tract B Development of Tract Ar Bp or O 10 Reconstruct Swisher Road fi.om Shady Shores Road to the northern Development of boundary of Tract B as a two-lane rural road section, 6" thick Road width Tract B shall be 24' unless documentation shows substantial disruption or potential destruction of existing tree cover ts hkely to occur In this instance, an alt~ruate road section to be no less than 20' wide shall be employed 11 : Widen and unprove Shady Shores Road to provide separate left-turn lane at Development of main entrance to Tract C and Old US 77 providing a 36 foot wide, 6-tach Tract C thl~k rural section road vnth t~t~oas 12 Widen and ~mprove Old US 77 for approxm~ately 500 feet m each direction : Development of from Lakevlew Blvd 36 feet wide, 6-mch asphalt or concrete to prowde left- ~ Tract C turn lanes with transitions ' d 13 Rsght mru lane (eastbound) on Lakevlew Blv at Old US 77 Development of Tract C 14 Construct Edwards Road beV. seen Swisher Road and Lakevlew Blvd as a Development of 36.foot back-to-back street. 6-tach thick asphalt or concrete, with no parking Tract D, L, M, N, or direct driveway access or O 7 15 Remove Pockrus Page Road between Swisher Road and Lakevlew Blvd Earlier of Construction of Edwards Road, or Developraent of Tract D 16 Construct access to Tracts H and I frora Lakevlew Blvd as a 26-foot back- Developraent of to-back, 6-tach tluck street, with no on-street parking or direct access Tract H or I (concrete or asphalt) 17 Signalize the ratersectlon of Lakevlew Blvd and Shady Shores Road (Old Warrant Study US 77) when warrants are raet shall begin with the Developraant of Tract C 18 Construct reraaramg pa o-lane, 25 foot back-to-back street, 8 inch thick Developraent of concrete or 10 rach thick asphalt from Edwards Road to northern properpd last Tract among line boundary My N~ O~ or P Notes A ramunura of 80 feet of right-of-way will be dedicated for Lakevlew Bird with an additional 10-foot right-of-way reserved on each side for future acquisition and widenrag An additional 10 foot right-of-way (120 feet ultLmately) will be reserved for a distance of 250 feet each side of the followrag three (3) ratersectlons to accommodate future turn lanes 1 Lakevlew Blvd and Shady Shores Road 2 Lakevlew BIvd and the road to Tracts H and I 3 Lakevlew Blvd and Edwards Road Danton Coun is ))reposing: t(/'include $~,000 ~0 m thetr unpandrag bond Program for,~erm~ent P~, _~.~ Preserve's southern bounclary The availa ~hty of~t~lat fundm~ ~s dependent Im the succ~s °fthe B°n~}~!~ti6~ '~ if successful, when the fundm~is ava~i~.These factors do not effect the timing or sco~pe of the requi~t unproveraents These Transportation Improvements are based upon developraant of The Preserve which assuraes a general south-to- north phasing pattern Should the development pattern shift due to external rafluances, the hst of requu'ed Transportation Iraproveraents shall be revised accordragly Def'raitlon of Tract Developraent - Platting of any portion of the specified tract G \9652\Corr~Old Traffic Chart 2-13-O1 wpd 8 ENCLOSURE 2 The Preserve Required Transportation Improvements Revised 3/22/01 TFansportatlon Improvement Triggered By I Signalization ofLakevlew Blvd at IH 35E Frontage Road based upon Warrant Study Warrant Study Approved by TxDOT shall begin with the Development of Tracts A, B, and G 2 ln'~enm right mm lanes at Lakeview Blvd and IH 35E Frontage Road Development of (northbound and westbound) Tract A~ B~ C, or G 3 Construct Lakevlew Blvd from Shady Shores Road (Old US 77) to northern Development of boundary of Tract A as a two-lane 26- foot back-to-back street section, 8- Tract A or G tach thick concrete or 10-tach thick asphalt 4 Reconstruct Lakevlew Blvd from IH 35E Frontage Road to Shady Shores Development of Road as a 4-lane divided street, 8-tach thick concrete or 10-tach thick Tract C, or asphalt Development of Tracts Ap Bp and (3 5 Construct Lakevlew Blvd from the northern boundary of Tract A to the Development of creek bisecting Tract G as a two-lane 26-foot back-to-back street, 8-tach Tract G thick concrete or 10-tach thick asphalt 6 Construct Lakevlew Blvd from the creek bisecting Tract (3 to Edwards Development of Road ~s a two-lane 26 foot back-to-back street, 8-inch thick concrete or 10- Tract J, L, N, O, or tach thick .~ph~lt P 7 Construct Lakeview Blvd from Edwards Road to the northern boundary of Development of The Preserve as a two-lane 26 foot back-to-back street, 8-tach thick concrete Tract O or P or 10-tach thlck asphalt 7A Construct Lakevlew Blvd to northern most entry to Tract lq as a two-lane 26 Development of foot back-to-back streetp 8-inch thick concrete or 10-tach thick asphalt Tract N 8 Complete Lakevlew Blvd as a 4-lane divided road (two 26-foot back-to- Completion of back sections with a mmunum 14 foot w~de median) from Shady Shores Edwards Road and Road to Edwards Road, 8-Inch concrete or 10-tach asphalt Development of Tracts Hp I, and J 9 D~scoanect Swisher Road north of Tract B Development of Tract A, Bp or G 10 Reconstruct Swisher Road from Shady Shores Road to the northern Development of boundary of Tract B as a two-lane rural road section, 6" thick Road width Tract B shall be 24' unless documentation shows substantial disruption or potential des~n~ctlon of existing tree cover is likely to occur In this instance, an alternate road section to be no less than 20' wide shall be employed 11 Widen and unprove Shady Shores Road to provide separate left-turn lane at Development of ruam entrance to Tract C and Old US ?? providing a 36 foot wide, 6-tach Tract C thick rural section road with transitions 12 Widen and Improve Old US 77 for approxunately 500 feet in each direction Development of from Lakevlew Blvd 36 feet wide, 6-Inch asphalt or concrete to provide left- Tract C turn lanes with transitions 13 R~ght turn lane (eastbound) on Lakevlew Blvd at Old US 77 Development of Tract C 14 Cons~ct Edwards Road between Swisher Road and Lakevlew Blvd as a Development of 36-foot back-to-back street, 6-meh thick asphalt or concrete, with no parking Tract L, N, or O 0r direct driveway access 9 '15 Remove Pockus Page Road between Swisher Road and Lakevlew lJlvd and Development of provade mterun access by connecting Indian Paint Way to Pockrus Page with Tract D a 24 foot B-B 2 tach asphalt with 6 inch stablhzed sub.adc l SA Remove 2 ~nch asphalt connection between Ind~nn Paint Way and Pockrus Construction of Page Road Edwards Road 16 Construct access to Tracts H and I fi.om Lakeview Blvd as a 26-foot back- Development of to-hack, 6-tach thick street, with no on-street parkmg or d~rect access Tract H or I (coac~'ete or asphalt) 17 Stgnahze the intersection ofLakeview Blvd and Shady Shores Road (Old Warrant Study shall begm w~th US 77) when warrants are met the Development of Tract C 18 Construct remalmng two-lane, 26 foot back-to-back street, 8 inch thick Development of concrete or 10 tach thick asphalt fi.om Edwards Road to northern properly last Tract among line boundary N~ Or or P Notes A mmunum of 80 feet of right-of-way will be dedicated for Lakevlew Blvd with an additional 1 O-foot right-of-way reserved on each side for future acquisition and wldenmg An additional 10 foot right-of-way (120 feet ulttmately) will be reserved for a distance of 250 feet each side of the following three (3) intersections to accommodate future turn lanes Lakevlew Blvd and Shady Shores Road 2 Lakevlew Blvd and the road to Tracts H and I 3 Lakevlew Blvd and Edwards Road These Transportation Improvements are based upon development of The Preserve which assumes a general south-to- north phasing patteru Should the developmant pattern shift due to extarnal influences, the hst of required Transportation Improvements shall be rev,sed accordingly Defmmon of Tract Development- Platting of any portion of the specified tract G ~9652\CORR'u'qew Traffic Chart 3-22 01 wpd 10 11 Ql~'Obt ENCLOSURE 3 ~ NORTH Z-01-0003 (Preserve at Pecan Creek) 200'-500' NOTICE MAP 200' Legal Nobces sent wa Certified Mini 7 500' Courtesy Notices sent v~a 1st Class Ma~l 8 Number of responses to 200' Legal Notme · Opposed 1 · In Favor 0 · Neutral 0 Percent of land w~thln 200' in oppombon 3 15% Agenda Date Apn111, 2001 Scale None 13 ENCLOSURE 4 NOTICE OF PUBLIC HEARIN6 Z-01-O003 The Planning and Zoning Commission of the City of Denton wdl hold a pubhc heanng on Wednesday, April 11, 2001, to conslder recommending approval to City Council an amended Detailed Plan for apprommately 428 acres located in the Planned Development 132 (PD-132) zoning d~stnct, commonly known as The Preserve at Pecan Creek The property Is generally located northeast of the Intersection of Interstate 35E and Lakevlew Boulevard and east of Swisher Road The intent is to modify the scope and phasing of transportation improvements associated w~th The Preserve at Pecan Creek development No changes to the land uses or densities of the development are being proposed The pubhc hearing will start at 6 00 p m ~n the City Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property within two hundred (200) feet of the subject property, the Planmng and Zoning Commission would bke to hear how you feel about this zoning change request and inwtes you to attend the public heanng Please, In order for your opinion to be taken Into account, return this form with your comments prior to the date of the pubhc heanng (This in no way prohlb/ta you from attending and participating in the public heanng ) You may fax It to the number located at the bottom, mail It to the address below, or drop It off In-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn: Thomas B, Gray, Planner I The zoning process includes two public hearings deslgned to provide opportunlbes for c~t~zen involvement and comment Prior to the public hearings, landowners w~thln two hundred (200) feet of the subject property are notified of the zoning request by way of this not~ce The first public heanng is held before the Planning and Zoning Commission The Commission Is Informed of the percent of responses In support and In opposition Second, the zoning petition Is forwarded to the C~ty Councd for final action providing the Commission recommends approval Should the Commission recommend demal, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area w~thin two hundred (200) feet of the site submit wntten opposition, then s~x out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposibon Please circle one ppos, d to request _J In favor of request Neutral to request Comments S~gnature PnntedNam~ ~-~ ,~' ~r~.~, ~ / C,ty, State Z,p (~[~R'u~'~ -'"~, '~'~'-'~) ~ 3 melephoneNumber ,~.'.'TZ. ?,/_/~) "~'"E)0 "f'/ ^ddreee of Property w,th,n 200 feat Physical ClTY OF DENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 Z-01 0003 200 Not/ce ENCLOSURE 5 4-12-2001 To MEMBERS OF THE CITY OF DENTON PLANNING AND ZONING COMMISSION FROM' KEVIN MCCORMACK 303! SWISHER RD DENTON, TX 76208 940-243-7898 RE P&Z MEETING APRIL 11,2001 Z-01-0003 COUNCIL MEMBERS AFTER BEING HASTILY VOTED ON BEFORE DISCUSSION WAS COMPLETE 1 HAVE ONE LAC,~ING AND PROMINENT QUESTION FOR THE COMMISSION TO ANSWER 'IS THE CITY OF DENTON THE ENTITY RESPONSIBLE FOR THE RE- CONSTRUCTION OF SWlSHEKRD , EDWARDS RD AND POCK_RUS~PAOE RD ROADS AND WHEN WILL THESE IMPROVEMENTS BE IN PLACE?' SPECtAL VARIANCE HAS ALREADY BEEN GRANTED TO PRESERVE DEVELOPERS AT PREVIOUS COMMISSION MEETINGS AS DEVELOPERS HAVE STATED THEY WOULD HAVE .~,O, ACCESS TO POCKKUS-PAGE RD AND THEREFORE WOULD NOT SIGNIFICANTLY IMPACT SURROUNDING RO ADS NOW THAT P~Z HAS ALLOWED DEVELOPMENT TO ACCESS POCKRUS- PAGE RD AND WITH TI-IE SCHOOL TRAFFIC IMMINENT THESE OLD COUNTRY ROADS WITH MINIMAL DRAINAGE VglLL HAVE TO BE IMPROVI~.r) TO SATISFY CITY STANDARDS POCKRUS-PAGE, SWlSHER AND EDWARDS ARE OLD TURN OF THE CENTURY COUNTRY LANES WITH MINIMAL ASPHALT OVERLAYS THEY CANNOT WITHSTAND THE NEW TRAFFIC THAT WILL BE IMPOSED ON THEM WHEN THF, SCHOOL OPENS 1 AM SURE THE PSrZ COMMISSION HAS ALREADY CONSIDERED THESE FACTORS BEFORE MAKING SUCH AN IMPACTING DEGISION BUT TI~SE SURROUAIDINO ROAD ISSUES HAVE BEEAI OVERLOOKED SINCE THE INCEPTION OF THE PRESERVIg AND APLAN OF ACTION NEEDS TO BE IMPLEMENTIqD PRIOR TO THE SCHOOL OPENING 2003 PLEASE DISCUSS THIS AT YOUR NEXT CLOSED MEETING AND GIVE ME AND MY NEIGHBORS A RESPONSE PROMPTLY. 1 APPRECIATE YOUR CONSIDERATION ATTACHMENT 2 Page 2 / I MR HOPKINS My nanle is Dan HopPans, 4000 2 West Windsor in Flower Mound I'm with The Preser~ c at 3 pecan Creek, the developer of tbe project Let me gee i 4 you an idea of where we are on the pro3ect We have the The item Agenda Is to hold a 5 main infrastructure m as far as the boulevard It goes 5 on our public hennng and consider reconunendmg to the City 6 up to -- the boulevard has been constructed from the rafts Council concerning an amended concept plan And I believe 7 to trails hue, which m where my finger m here, all the 8 that Mr Gray and Mr Salmon are going to bnng us a staff 8 way up to that point right there winch is where the ne~ 9 report 9 hft station is that we cooperated with City of Denton ~n l0 MROa~Y Thankyou I'll go ahead and get l0 puttmganewhftstation l 1 started The developers of The Preserve at Pecan Creek 11 There's an old lift statton that's on old 12 have requested to change the portion of their concept and 12 Swmhar Road That's being demohshed and taken out of 13 detailed plan that deal with transportation mtprovements 13 sarwoe and we're replacing it with the one on our 14 for The Preserve development When both of concept plan 14 project So we've worked very closely with the City on 15 and the detailed plan for The Preserve were passed, they 15 trying to upgrade the infrastructure We have brought a 16 were passed with required transportation maprovements that 16 water hue ~n, actually bored under Inu~state 35, brought 17 were based on the development of certain sections of The 17 it all the way down Shady Shores, took it all the way up 18 Preserve Fur example, wbenSectionAandBwerebmlt, 18 16-mch water hne all the way up the boulevard So 19 this paracular road would be budt When further 19 we've had some pretty significant ~nfrastructure, a 20 sections were built, further sections of roadway would be 20 four-lane boulevard all the way up to right past D thew 21 built And the developers have requested to make minor 21 and then it connects down temporarily to a twoqane all 22 amendments to - generally minor amendments to tbe~r list 22 the way to where the lift station is ~3 of required transportation improvements 23 So we've done a lot of infrastructure work 24 They are not requiting any changea to land 24 What we're asking for tonight is the modification of thc 25 uses or denmt~es, just to go ahead and hem's a hat 25 phasing of the next phase of infrastructure And this is Page 26 Page 28 I of thetr current requm~l transportation improvements 1 all perpciuated from the cooperation wo'vc had wnh the 2 Some of -- and I'll let the developer speak to fins, as 2 school on accelerating their plan to put an elementary 3 well, but some of the things they would hke to change 3 school on the site which is D right here Now, Pockrt~ 4 regard the timing of, for example when certain pomons 4 Page Road goes across through the middle of the school 5 of Lakeview Boulevard would be built And if them are 5 site right now and terminates into the boulevard, into 6 any specific questaens, I'm sure that Mr Salmon or the 6 Lakevlew Boulevard We have -- m our original schedule 7 applicant could be able to address those 7 on the transportation requirements when we removed that 8 MR MCNE[LL EXCUSe me Now, what is this 8 section of Swisher Road - excuse me, of Poakrus Page Read 9 you've put up here7 9 from Swisher Road over to the boulevard, we had to go up l0 Ma ORAY Thisisthehstofrequned l0 andrebmldorbmld it doesn't exmt now, Edwards Road I 1 transportauon improvements that was attached to the PD 11 which connects the Swisher Road to the boulevard And '~e 12 ordinance 12 have to exteod the boulevard up to that intersection 13 MR MCNEILL okay That's not in our backup 13 Now, all we're asking for tonight is rebef on 14 material Yes, it is I sea ~t Yeah I remember that 14 having to build that road until wa get some housing up ~n 15 Okay Excuseme 15 thataren It's all an mtemal tlnng Now, wbenwetake 16 Ma. ORAY YOU should have two lists 16 out tbs section of Pock. ms Page, we're going to put a 17 Enclosm~ 1 being the existing improvements and Enclosure 17 temporary connector through the existing subdivision 18 2 being th~ proposed revisions to those transpurtation 18 through the Phase ii ^ on your chart there, to connect 19 improvements 19 Pockrus Page to get the traffic over to the boulevard So 20 MR McIxrEILL okay Very good This -- 20 we are not unpacting the circulation of the traffic 21 Commissioners, do you have any questions for staff? Any 21 We're just mi'outing It through our subthvlsion 22 questions for staff? Thank you very much This is a 22 So thc people outside of our subthvlsmn will 23 public beanng, so I'll open the pubhc heanng at this 23 st~ll have aec. ess to the boulevard as they do now, but 1 24 point and ask if the appheant or his representative is 24 need to get that road out so I can start doing site work 25 here Please state your name and eddmes for the record 25 And the reason why I need some rehef on the tatung of PLANNING & ZONING COMMISSIONER A~'~ ' ', 2001 Page 25 - Page 28 16 Condons~ItTM Page 29 Page 31 I tlus ts because we have offered to help the school with paramount to get tfus thing done 2 their site work and the off-site modifications and 2 And so that's going to be the key TlxaWs no 3 everything else and a substantial amount of money of our 3 question m my m~nd when we get a school m them, that's 4 budget ts having to be dedicated to the school site And 4 going to improve the sales and get th~ m,n~ going I 5 so I Just -- I think everyone's been there, kand of a 5 can't answer your question The market m .going to ~ell 6 funds management program I don*t have It all right now 6 me when we have to move on 7 to do every'dung and so we're going to try to get the 7 Mr< RISREL And so Parcels L N O, and P 8 school accommodated, get them to accelerate therr program 8 what are the lot sizes or what are the plans for those? 9 They're wtlhng to do tt but they need some help We're 9 Is that all resuleutml? 10 wllhng to help them And I tlunk that will help not only 10 Ma SIOPKn4S It'S all rcsideatml It's 11 our project but the whom surrounding community because 11 various s~zes To tell you tho truth, I ye be~a so 12 there ts a tremendous demand for an elementary school m 12 focused on the south sule, I havon*t looked that far in 13 this area and we're trying to accommodate them 13 advance I thank the L was a zero lot hz product, a 14 And so the bottom line ts we're not askdng for 14 patio homo product of some sort or maybe ~t was townhouse 15 any sort of abeyance on the m:nount of infrastructure that 15 even And so that htlle connector tham .,~,-a~ pretty 16 needs to be put ln Wetre just askdng for somerelIef on 16 dense You get up lnto O and P and those are larger lots 17 the tlrmng And all the work that is to be done only 17 up in thom 18 affects mtemai to the subdivision or to our project what 18 MR RISREL And pecplc uad~sm,~l and mahze 19 needs to happen Because at this point, that road is not 19 that just because you have a school m that mrna doesn 20 going to go anywhere to the north side anyway because it 20 with redlsmctmg and all, doesn't necessarily mean that 21 doesn't cross the creek up into Lakemew Estates, Lakevto'~ 21 thc children m that ama will go to thai school7 22 Ranch And so lt*s all internal to our project but we're 22 MR HOPKINS we understand that, but we have 23 still going to do the work I'm just going to phase tt 23 gotten assurances from thc school thsmct flaat they'll 24 out on a thfferent seheduM So I'll be happy to answer 24 work with us any way possible to make sure these k~ds go 25 any questions 25 to that school Page 30 Page 32 1 MR MCNEILL comlnlSsloaers, do you have MR RISHEL okay Thank you 2 questions? Comnusslonex Moreno 2 MR MCNEILL very good Cncnrnt'eSlOn~e 3 MR MORENO YOU amy have mentioned it but - 3 Williams 4 and if you chd, I m~ssod it, am you famthar with staff 4 MR WILLIAMS Yeah I want to lmad of 5 recommendation that the tentporary connectaon between 5 piggyback what Mr Rlshel just smd I sit on a 6 Pockrus Page Road and Lakevlew Boulevard remain in place? 6 redistricting comrmnec Don't put thai on th: cmzeas 7 MRHOPKINa Yeah We offeaed that 7 of Denton Thoy'mgomgtoschool-thaylmvetl~ngs 8 Mil MORENO YOU offered that? 8 that the City of Denton -- Denton Scl<~l Board has to 9 MR HOPKINS Yes, sir It is a replaceartent 9 comply with the federal court and the3 can"t g;ve you 10 for the Pockrus Page connector 10 those assurances And please don't put that on the I 1 MR MORENO okay Thanks 11 citizens of Denton Just say there's a school here 12 MR MC'NEILL commlsslonea' Rlshol 12 That's all 13 MR InSHEL And how far out do you think that 13 Ma HOPKINS mght 14 th~s future projcet would bo? 14 MR MCNEILL ooodpomL VeryL~ood Other 15 MR HOPKINS It depends on how many pecple 15 questions for theapphcant? Thank yce very much Ihave 16 want to move into my subdwlsmn It's really a function 16 one card I have some cards here, one card that would 17 of the northern lots I've built 200 lots out of 1,300, I 17 hke to speak Mr McCormack, I bebe~, would you hke 18 th~nk we've got on the PD whatever the number Is, we've 18 to comment? Please state your name and address for the 19 got 200 and we have 40 sales, 45 sales, soraethlng like 19 record 20 that So we're about 25 percent through our current lot 20 MR MCCORMACK Kewn McCommek, 3031 Swisher 21 count And over and over and over again, we're being told 21 Road I hve adjacent to the school pragerty the 22 by the market, by the realtors, by the on-sits sales 22 proposed school The Preserve people hav~ done a 23 people, by everyone, you've got to get a school In And 23 wonderful job out thom It looks great They're 24 we have dethceted a tremendous amount of our resources to 24 bmldmg some race quahty homes And th~ four-lane 25 get tlus ttuag done and that schcel is going to bo 25 lughway m there at that point IS good but I guess my PLANNING & ZONING COMMISSIONER ,~1.~ 11, 2001 Page 29 - Page 32 ~7 CondenseItTM Page 33 Page 35 1 concerns right now is carte blanche deadlines I thank we LakevJew Boulevard. 8o an the driveway and back out again 2 need to have some kind of timcframes nnposed as to whoa 2 m a c~rcl.e On tbe front l~alf, all thc bus traffic is 3 these roads will connect 3 going to enter off of a cmcular drive In tho back off of 4 One reason being I th~nk thc school is to be 4 Swisher Road so there '~on't be a problem with buses t~ylng 5 built, if I understand Mr Holloway with thc school $ to turn around m front o~' the school on Lakeview 6 district correctly, by the year 2003 Dan, do you know if 6 Boulevard 7 that's correct, 20037 And I think we all want that school 7 Ma MC~qEILL a,~-y good Commissioners do 8 to be there, but the traffic flow, if we don't extend 8 you have adthtiooal que~aons for Mr Salmon? Thank you 9 Lakewew Boulevard, that little cut-through is -- without 9 All r~ght Is there anyoo~ else in the audience who would 10 some Pand of deadline on saying that cat-through will no 10 hke to speak to th~s tsst~? Anyone else m the authence 11 longer be used, I ttuak that would be foohsh for us to do 11 who would hke to speak to the issue? Anyone else? Very 12 that 12 good I'1l give the applicant a chance, if he weald lfl<e 13 When yoo tluak abont all the school traffic 13 to since there was a chnl'~nge, if you'd hke to speak to 14 conung into -- to the school will come out of the south, 14 that 15 will come off the interstate and students from th~ north, 15 MR HOPKIN'S K~'vIn had made a comment about 16 they're not going to have any good access to that So ! 6 the clrcalatlon and the ccmgestlon issues We had a 17 you'll be turning around those buses on Lakeview Boulevard 17 traffic impact analys~s forte on this scope of work here 18 whlch is not a good plan SoIthiakwenecdto, ifwe're 18 wherethe what we re try~ng to have revised and they 19 going to cut or help The Preserve, maybe cut their ! 9 basically sa~d there was no unpact on the adjacent 20 costs down, extend Lakeview Boulevard just two lanes 20 property where we are 21 mstead of the full four Cnvothemabreak Getupto 21 lnfact, be made the analysis wlthout that 22 Edwards Road and now you've got a loop sca'ring all the 22 connector and said a ~oefld be very minimal access, and 23 persons In the nortbem sections and the south~n secUons 23 then we opened up the connector just to provide better 24 of that area Because if we cut through that subdivision, 24 circulation So we ~e had that subma~d to staff and 25 it's going to create a traffic problem when that school is 25 really never got any negauve response from it Page 34 Page 36 I m plaeo I MR MClx~rLL Okay ! behove Commlsstoner 2 MR MCNEILL SO could you pmnt out there on 2 Apple has a questton for you 3 the map whtu your cooearn is No, overbore 3 MS APPLE Ijust--aetua~ly, I just wonted 4 Ma MCCOaMAC~< t m six foot, two I can 4 to ask tf Mr Salmon's explanatton addressed Mr 5 reach all that Tlus w~ll be that cut through area here 5 McCormack'$ concerns 6 back to Lakeview Boulevard Lakevlew Boulevard is 6 MR MCCOI~XbXCK I wasn't concerned about bus 7 essentially a dead-end right now, so all that traffic is 7 traffic -- 8 going to have to do a tm'a-around at thc school site If 8 MR MCNEILL Please come to the mike, please 9 wc don't extend that, Lakevlew Boulevard on up and create 9 MR MCCOILM~kCK BUS traie~'m 15 not a concern 10 a tic in of Edwards Road back over to -- yeah, to Edwards, 10 to me because I knew that bus traffic came off of Swisher 11 to continue Edwards to serve the folks in the northern 11 Road, but I'm thml~ng about the moms and dads having to 12 part of the area So we're dead-eadmg, it's a dead-cad 12 make that U-tuna m th~:re 13 right now if we don't extend to Edwards Road 13 MR MCNEILL But d~dn't Mr Salmon say there 14 MB. MCNEILL Mr Salmon is going to come 14 was a mm-around tn front of the school where they're 15 address those quesUons, I behove 15 going to make their tura'~ 16 Ma SALMON I felt it rmght be appropriate to 16 MR MCCOP-.'~ACK Yes, str, and that's exactly 17 explain some~ng I'm sorry I thought under the 17 what they're gomg to have to do They're going to have 18 circumstances ~t would be appropriate to explain a h~e 18 to -- 19 blt about how the c~rculation of the school ls gomg to 19 MR RISHEL It'saloop driveway 20 work It may answer some of Mr McCurmack's questions 20 MR HOPKLNS We took that to the -- we've got 21 Bus access to the school site will be at the rear off of 21 two curb cuts on the sc&col site We took It to the 22 Swisher Road The front of the school will have a 22 Trafftc Safety Board tn¥o weeks ago, ten days ago, 23 c~rcular driveway for parent drop off It will have a 23 presented it to them The traffic consultants for the 24 one way entrance tn and a one way entrance back out again 24 school dtstnct presente~d ~t to them and there was no 25 So traffic wtll be able to circulate on 25 tssues and they passed it unantmously And tt's a btm PLANNING & ZONING COMMISSIONER .a~ ~ 1, 2001 Page 33 - Page 36 18 CondenseltTM Page 37 Page 39 I enough ctrculataon area that there wasn't an issue Wn tune, they have done some other plannmg and have 2 put ~ransatlen lanes We put median cuts We put all the 2 contmned the sttuataon that you're concerned about So 3 requirements so they didn't have any problems with at and 3 I'm just presuunng that things have moved since that tune 4 we had that unanimously approved And we eon manage the 4 an a httle different d~reetaon and even Mr Holloway 5 circulation witlun th~ subd~visien ourselves vathunt -- 5 might feel a httle better about ,t 6 Ma MC~EmL okay Very goad I beheve 6 MR MCCORMACK He could very well I w~sh he 7 Connmsstoner Rlshel has a question 7 ~ as here to speak for us But th~s cut-through as the 8 MS APPLE I'm s~ll not through yet 8 only proposal that I see And, I mean, ff that works, 9 MR MCNEILL I'm SOIT~ MS Apple, I'm 9 that's fine, but I think we bettor impose some kind of l0 sorry l0 tmaeframe to say, okay, that's worked long enough Let's 11 MS APPLE That's okay I guess my questaon 11 get thxs road an place 12 still as, because I heard from him, but did that -- does12 MR RISHEL We appreciate your eoncem 13 that not makeyeu feel any better? 13 MR MCCORMACK Those aremytwo suggestmns 14 Ma MCCORMACK I m not a parent so, you know, 14 MR MCNEILL Thank you Is there anyone else 15 a'suntgomgtereallyaffeetme Ijustdon't 15 mtheaudaencewhowouldhketoaddressthls~ssue9 I 16 understand how traffic from the north is going to gain 16 flunk that's the tinrd tame I've asked that so I wall 17 aceess into that area wathout Edwards being extended over 17 dose the puhhc hearing and ask staff ~f they have any 18 to Lakevlew Boulevard without a bunch of maneuvenng 18 closing comments 19 So my suggestaon is extend Lakeview Boulevard 19 MR GRAY staffreeolranends approval 20 just two lanes and forget about the median and the other20 MR MCNEILL Thank you Commissaeners, do 21 two lanes until it gets developed, but cut that through to 21 )on have addmonal comments or questions or a motaon'~ 22 Edwards Road 22 MR RISHEL Motion 23 MS APPLE Thank you 23 MR MCNEILL GO ahead 24 MR, MCI, mILL commassloner Rashel 24 MR RISHEL I'd hke to recommend for 25 Ma IUSHEL n jest sounds to me like ~ 25 approval of Z-01-0003 wath the following condmons that Page 38 Page 40 McCormack doesn't have the same package of mformat~on ~ temporary road connection between Penkms Road and 2 that you have and would be able to look at ~t and analyze 2 Lnk~new Boulevard remmn tn place until such tune that 3 at and maybe come up with the same decision that some 3 t~e proposed extension of Edwards Road to Lakevlew 4 people that have a httle bit more reformation have It 4 Boulevard as completed 5 sounds to me hke they have controlled the loop system on5 Ma MCNEILL DO I hear a second? 6 the grounds of the school and I have not seen nor have 6 MS OOtmDm second 7 they prosented at tins point m tune what the descnptxon 7 Ma MENmLL It's been moved and seconded 8 or the plat of the school is going to be and how that 8 L there any discussion on the motion? All right Let's 9 traffic is going to work So I understand the handicap 9 ~ eta on the board, please l0 that you're at But I think it soBnds like our l0 M~. McCOEMnCK I have some discussmn 11 engmeermg staff has looked at it and feels hke tt's a 11 MR, MCNEILL I m sorry, the pubhc heanng is 12 workable situation so please -- I'm mqumng 12 clesed. Motion passes 7 0 13 MR MCCORMACK I don't mean to make flus 13 I should mention that if anybody has a -- if 14 difficult I talked to Mr Holloway and I know he 14 then: s somebody tn the au&ceca that has concerns about 15 expressed some concerns about the traffic flow at one 15 t!as, [h~s es simply a recommendation to CaW Council so 16 point Now, perhaps the developer and planning have got 16 ~ will be additional mput at City Council when ~t 17 that worked out 17 ~ forward 18 MR KISHEL It sounds like this has all kind 19 of transpired in the last couple of weeks 20 MR MCCORMACK NO, it's been in the works for 21 a long, long time 22 MR RISHEL NOW, but when you talked to Mr 23 Holloway, was that more than a couple of weeks ago? 24 MR MCCORMACK Prior to Christmas 25 MR RISHEL Okay It sounds l~e since that : MCIqEILL very good PLANNING & ZONING COMMISSIONER Page 37 - Page 40 ~9 ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 98- 394 AND 98-395, TO PROVIDE A CHANGE IN THE REQUIRED TRANSPORTATION IMPROVEMENTS FOR THE PLANNED DEVELOPMENT 132 (PD-132) ZONING DISTRICT AND LAND USE CLASSIFICATION, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-01-0003) WHEREAS, on November 17, 1998, by Ordinance 98-394, the City Council approved an amended Concept Plan for 427 616 acres located ,n the Planned Development (PD-132) Zomng Dmtnct, as more particularly described therein, and WHEREAS, on November 17, 1998, by Ordinance 98-395, City Council approved a Detmled Plan for 138 9 acres of the aforementioned Planned Development (PD-132) Zoning District, and WHEREAS, both Ordinance 98-394 and 98-395 contained a schedule of required transportation improvements to be executed as the development progressed, and WHEREAS, on March 27, 2001, The Preserve at Pecan Creek Partners, Ltd submitted a request to rexqse the scope and phasing of those required transportation improvements through an amendment to the Concept Plan and Detmled Plan, and WHEREAS, on April 11, 2001, the Plarmlng and Zoning Commmslon recommended approval of the amendment, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordmance No 98-394, providing for the approval of an amended Concept Plan for the Planned Development 132 (PD-132) Zoning District Clasmficat~on and Use Designation, and Ordinance No 98-395, providing for the approval of a Detailed Plan for a porhon of the Planned Development 132 (PD-132) Zoning Dmtnct Clasmficatlon and Use Designation, are hereby amended by approving the llst of required transportation amendments attached hereto and incorporated herein by reference as ExtnNt A for the entire Planned Development 132 (PD-132) Zomng Dmtnct Classification and Use Demgnatlon, subject to the following condition The temporary road connection between Pockrus Page Road and Lakevlew Boulevard will remmn m place until such time that the proposed extension of Edwards Road to Lakevlew Boulevard ~s completed SECTION 2 The provisions of this ordinance as they apply to the transportation requirements herem approved, shall govern and control over any conflicting provisions of Ordinances Nos 98-394 and 98-395, but all the prowmons of Ordinance Nos 98-394 and 98-395 20 as they apply to the regulattons of the district not here~n amended, shall continue tn force and effect and shall apply to the remainder of smd district SECTION 3 A copy of tins ordinance shall be attached to Ordinance Nos 98-394 and 98-395 showing the amendment hereto approved SECTION 4 Any person wolat~ng any provision of tins ordinance shall, upon convtet~on, be fined a sum not exceeding $2,000 00 Each day that a prowsaon of tins ordinance is violated shall constitute a separate and dtstmet offense SECTION 5 TI'ns ordinance shall become effective fourteen 04) days from the date of ~ts passage, and the C~ty Secretary ts hereby d~reeted to cause the captaon of th~s ordmance to be pubhshed twace m the Denton Record Chromcle, official newspaper of the C~ty of Denton, Texas, w~thm ten (10) days of the date oftts passage PASSED AND APPROVED tins the day of ,2001 ELrLINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 21 EXHIBIT A The Preserve Required Transportation Improvements Revised 3/22/01 Transportation Improvement Triggered By 1 Slganhzation ofLakevlew Blvd at IH 35E Frontage Road based upon Warrant Study Warrant Study Approved by TxDOT shall begin with the Development of Tracts A, B, and G 2 Interun right turn lanes at Lakeview Blvd and IH 35E Frontage Road Development of (northbound and westbound) Tract A~ B~ C~ or G 3 Construct Lakeview Bird fi.om Shady Shores Road (Old US 77) to northern Development of boundary of Tract A as a two-lane 26- foot back-to-back street section, 8- Tract A or G meh thick concrete or 10-tach thick asphalt 4 Reconstruct Lakeview Blvd fi.om IH 35E Frontage Road to Shady Shores Development of Road as a 4-lane divided street, 8-tach thick concrete or 10-tach thick Tract C, or asphalt Development of Tracts A~ By and G 5 Construct Lakeview Blvd fi.om the northern boundary of Tract A to the Development of creek bmeetmg Tract G as a two-lane 26-foot hack-to-hack street, 8-tach Tract G thick concrete or 10-tach thick asphalt 6 Construct Lakevmw Blvd from the creek bisectmg Tract G to Edwards Development of Road as a two-lane 26 foot back-to-back street, 8-tach thick concrete or 10- Tract J, L, N, O, or tach thick asphalt P ] 7 Construct Lakeview Blvd from Edwards Road to the northern boundary of Development of The Preserve as a two-lane 26 foot back-to-back street, 8-mch thick concrete Tract O or P or 10-tach thick asphalt 7A Construct Lakevlew Blvd to northern most entl~ to Tract N as a two-lane 26 Development of foot baek-tu-back street~ 8-tach thick concrete or 10-tach thick asphalt Tract N 8 Complete Lakeview Blvd as a 4-lane d~vlded road (two 26-foot back-to- Completion of back sections with a mmunum 14 foot wMe median) from Shady Shores Edwards Road and Road to Edwards Road, 8-tach concrete or 10-tach asphalt Development of Tracts H~ Ir and J 9 Disconnect Swmher Road north of Tract B Development of Tract A~ By or G l0 Reconstruct Sw~shar Road from Shady Shores Road to the northern Development of boundary of Tract B as a two-lane rural road section, 6" thick Road width Tract B shall be 24' unless documentation shows substantial disruption or potential destruction of exmtmg tree cover m l~kaly to occur In thru instance, an alternate road section to be no less than 20' wide shall be employed 11 W~dan and improve Shady Shores Road to provide separate left-mm lane at Development of mare entrance to Tract C and Old US 77 provldmg a 36 foot wide, 6-tach Tract C thick rural section road with transitions 12 Widen and unprove Old US 77 for approxmaately $00 feet m each dtrectmn Development of fi.om Lakewew Blvd 36 feet wide, 6-tach asphalt or concrete to provide left- Tract C turn lanes with transitions 13 Right turn lane (eastbound) on Lakeview Blvd at Old US 77 Development of Tract C 14 Construct Edwards Road between Swisher Road and Lakeview Blvd as a Development of 36-foot hack-to-hack street, 6-tach thick asphalt or concrete, with no parking Tract L, N, or O or du:ect driveway access 22 15 Remove Pockus Page Road between Swisher Road and Lakevlew Blvd and Development of provide mtarlm access by connecting Indian Paint Way to Pockrus Page with Tract D it 24 foot B-B 2 tach asphalt with 6 mch stabilized subgrade 1SA Remove 2 meh asphalt connection between Indian Paint Way and Pockrus Construction of Page Road Edwards Road 16 Construct access to Tracts H and I from Lakevtew Blvd as a 26-foot back- Development of to-back, 6-tach thick street, with no on-street parking or direct access Tract H or I (concrete or asphalt) 17 Signalize the mtarsectIon of Lakevaow Blvd and Shady Shores Road (Old Warrant Study US 77) when warrants are met shall begin with the Development of Tract C 18 Construct remaining two-lane, 26 foot back-to-back street, 8 inch thick Development of concrete or l0 meb thick asphalt from Edwards Road to northern property last Tract among lmo boundary Ny O~ or P Notes A mmanam of 80 feet of raght-of-way will be dethcated for Lakeview Blvd with an additional 10-foot right-of-way reserved on eaeh sade for futureacquasatmnandw~demng Anadthtlonal 10 foot nght-of-way (120 feetultmaately) wall be reserved for a distance of 250 feet each sade of the following three (3) mtarsections to accommodate future turn lanes 1 LakevleW Blvd and Shady Shores Road 2 Lakevaew Blvd and the road to Tracts H and I 3 Lakevaew Blvd and Edwards Road These Transportataon Improvements are based upon development of The Preserve which assumes a general south-to- north phasing pattern Should the development pattern sluft due to external lnfluances, the hst of reqmred Transportation Improvements shall be revised accordingly De£mtuon of Tract Development - Plattang of any portaon of the specified tract G \9652\CORR~New Traffic Chart 3-22 01 wpd 23 24 AGENDA DATE: May 1~ 2001 DEPARTMENT: Planmng Department CM/DCM/ACM. Dave Hill, 349-g314 SUBJECT - ZP-01-0002 (Sherman Shell) Hold a pt~bhc heanng and consider adoption of an ordinance approving a Zoning Plan at 801 Sherman Drive from a Single Family (SF-7) zoning district to a Planned Development (PD) zoning district The 0 6 acre property Is generally located on the west side of Sherman Drive, approximately ¼ mile north of Bell Avenue A convenience store with gasoline sales is proposed At the March 28, 2001 P&Z meeting, a motion to deny failed (3-4), the motion to continue the case to April 11, 2001 was approved (6-1) The Planning and Zoning Commission's motion to approve failed (2-5) on April 11, 2001 Therefore, no recommendation was made by the Planning and Zoning Commission (ZP-01-0002) BACKGROUND The appheant is requesting rezomng to allow for the redevelopment of the site into a convenience store with gasoline sales The existing building would be remodeled and new gas pumps and canopy would be installed A Planned Development (PD) allows for redevelopment of the site and providing variances for the existing site constraints of building line setbacks, open space, and landscaping )~ The property is located in the Single Family (SF-7) zoning district created in January 14, 1969 by Ordmance 69-01 ~ The Denton Plan shows this area to be within an Existing Nelghborhood/Inflll Compatibility area Within established resldentml areas, new development should respond to existing development with eompatlble land uses, patterns, and design standards As an existing commercial faelhty, the site functions more as a Neighborhood Center, which provides convemenee shopping for goods and services to an individual neighborhood Impacts to the surrounding neighborhood are somewhat mitigated by the retail uses to the south, a large church under construction to the north, and by the vacant tract to the west The proposed development would partially conform with the Denton Plan 3~ Compliance wth draft Zomng The site would be in partial conformance with the draft Zoning Map designation of Neighborhood Residential Mixed Use (NRMU), which would allow a eonvemenee store, but not gasoline sales ~ Eleven (11) property owners were notified of the zoning request Two (2) responses in favor of the request and two (2) responses in opposition to the request have been received One (1) letter in opposition to the request has also been received (See Attachments 1 and 3) OPTIONS 1 Approve as submitted 2 Approve with ¢onthtlons 3 Deny 4 Postpone cons~dcratmn 5 Table item P&Z SUGGESTED RECOMMENDATION The Planmng and Zunmg Comm~sslon failed to recommend approval (2-$) of this zoning request ESTIMATED PROJECT SCHEDULE A Project Plan ~s reqmred as the next step m the zomng process A Project Plan has been submttted and is scheduled for the April 25th P&Z meeting A Prehmmary Plat and a Final Plat have been approved by P&Z at the April 11th meetmg PRIOR ACTION/REVIEW The following ~s a chronology of ZP-01-0002, commonly known as Sherman Shell Apphcatlon Date - February 26, 2001 DRC Date - March 8, 2001 P&Z Dates - March 28, 2001 and April 11, 2001 FISCAL INFORMATION The re-zomng of flus property will have no effect on the assessed value of the mty, county, and school d~stnct, unless redevelopment of this s~te mcreases the assessed value of the property ATTACHMENTS 1 Planmng and Zomng Commmsmn Report, April 11, 2001, ZP-01-0002 2 Planning and Zomng Comm~ssmn m~nutes from March 28, 2001 and April 11, 2001 3 Additional Letter of Opposition 4 Draft Ordmance R~spect~lly submltte~ D~rector of Planning and Development Prepared by Beth Hudson Planner I ~ ATTACHMENT 1 PLANNING AND ZONING COMMISSION Agendaltem STAFF REPORT Subject Sherman Shell Case Number ZP-01-0002 Staff Beth Hudson, Planner I Agenda Date' April 11, 2001 Consider making a recommendation to C~ty Councd regarding the Zomng Plan/Concept Plan of apprommately 0 6 acres, commonly known as 801 Sherman Dnve, from a S~ngle Famdy (SF-7) zoning dlstnct to a Planned Development (PD) zomng dmtnct The proposal ~s to bnng the emst~ng serwce stabon into conforming zomng and to allow a convemence store on the property LOCATION MAP Locabon 801 Sherman Dnve, apprommately ¼ m~le north of Bell Avenue Size Apprommately 0 6 acres Applicant Joel Plangman Owner MiIlenmum Gasohne Corp 3300 W Umvers~ty Dnve 2613 Brooks~de Denton, TX 76207 Irving, Texas 75063 The subject property was placed ~n S~ngle Family (SF-7) zomng d~stnct and land use class~ficabon ~n 1969 by Ordinance 69-01 Pnor to that t~me and through the present, the building was used as automobile service station The request will allow the property to have conforming zomng on the s~te and the ability to redevelop the site ~nto a convemence store with gasoline sales (see Enclosure 1) A Planned Development (PD) ~s the only zomng class~flcabon that w~ll allow for the ex,sting s~te constraints of building I~ne setbacks, open space, and landscaping 1999 -2020 Comprehensive Plan Analysis The Comprehensive Plan ~dentlfies th~s property to be w~th~n the "Ex,sting Nelghborhood/Inflll Compatibility" (see Enclosure 2) As the site ~s considered Ex,sting Res~denbal/Inflll Compabbll~ty, where In established residential areas, new development should respond to exist~ng development w~th compabble land uses, patterns, and design standards As an ex~st~ng commem~al facility, the s~te functions more as a Neighborhood Center, which provides convemence shopping for goods and services to an individual neighborhood Impacts to the surrounding neighborhood are somewhat m~tlgated by the retail uses to the south, a large chumh under construction to the north, and by the vacant tract to the west The proposed development would be part~ally ~n conformance w~th the Denton Plan The s~te would be ~n partial conformance with the draft Zomng Map designation of Neighborhood Residential M~xed Use (NRMU), which would allow a convenience store, but not gasoline sales I Transportation A Tnp generation The property ~s currently zoned Single Family (SF-7) The number of possible vehicle tr~ps w~ll remain the same from an automobile service station to a convenience store with gasoline sales * The surrounding street network w~ll be minimally ~mpacted by the change m land use · Proposed Average Trip Generations provided by the Institute of Transportation Engineers, 1991 B Access Existing access ~s on Sherman Drive 2 Utilltles Th~s s~te has access to ex~stmg water and samtary sewer I~nes Fllename 4 3 Drainage and Topography The part~al redevelopment of th~s site does not s~gn~ficantly ~mpact the ex~stmg drainage A prehm~nary drainage study will be required with the submission of a prehm~nary plat The study must include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property The developer must ~ndlcate the method by which new run- off w~ll be carried across the property or stored on the property 4 S~gns One sign exists on the site, which w~ll not be removed The ex~sbng s~gn is 40' tall, which exceeds the S~gn Ordinance by 20 feet The ex~st~ng sign is a total of 82 square feet, which exceeds the Sign Ordinance by 22 square feet The maximum square footage of s~gns on pnmary arterial streets ~s 60 square feet All new s~gns must meet the S~gn Ordinance 5 Off-Street Parking New development must provide parking according to the regulations of Chapter 35 (35-301) of the Code of Ordinances Using the current building, general retail uses would be required to provide 7 parking spaces 6 Landscaping New development w~ll have to comply w~th the Landscape Code, which currently requires 15 trees per acre and 20% of all surfaces to remain pervious (plantable area) An alternative landscaping plan w~ll be submitted w~th the ProJect Plan, as the ex~st~ng site does not have 20% pervious area 7, Open Space and Recreational Areas Commercial projects are exempt from the Park Land Dedication Ordinance 8 Lighting Any new hghtlng on the property should be designed and maintained so as not to shine on or otherwise disturb, surrounding adJacent property or to shine and proJect upward to prevent the diffusion into the night sky 9 Environmental Quality Impacts No negabve environmental ~mpacts have been ~dent~fled January 14, 1969 - The subject property was placed in the S~ngle Family (SF-7) zomng district and land use class~ficabon by Ordinance 69-01 (see Enclosure 3) March 28, 200'1 - Planning and Zomng Commission closed the public heanng and ~mbated a d~scuss~on regarding issues such as alcohol sales and access The Commission conbnued the discussion unbl April 11, 2001 to give Legal Counsel an opportumty to research the legal ~ssues regarding alcohol sales The subject property is not platted A Prehm~nary Plat and Final Plat must be approved prior to ~ssuance of building permits Nobce of the zoning request was pubhshed in the Denton Record-Chronicle on Sunday March 18, 2001 Eleven (11) property owners within two hundred feet were ma~led legal notices, and fifty (50) residents w~thin five hundred feet were sent courtesy nobces ~nform~ng them of the request (see Enclosure 4) As ofth~s wnt~ng, there have been 2 responses ~n favor of the request, and 2 responses opposed to the request (see Enclosure 5) No neighborhood meetings have been held I The ex~sbng structure has been used in its current configurabon for an automobile service stabon, prior to the ~ntroduct~on of zomng in Denton S~nce only the uses of the ex,sting structure are changing, the lredevelopment of th~s s~te does not ~ncrease commem~al encroachments ~nto the ex~st~ng residential neighborhood Impacts to the surrounding neighborhood are somewhat m~bgated by the retail uses to the south and by the surrounding vacant tracts As a concern has been raised regarding 24 hour traffic at the proposed convemence store, the apphcant has noted that the hours of operation should be 16 or 18 hours per day Staff recommends approval of ZP-01-0002 w~th the following cond~bons 1 Any new hght~ng on the property should be designed and maintained so as not to shine on or otherwise disturb the surrounding res~denbal properties or to shine and project upward, to prevent the d~ffus~on ~nto the night sky 2 All new signs must meet the S~gn Ordinance I move to recommend approval of ZP-01-0002 with the following cond~bons 1 Any new hghtlng on the property should be designed and maintained so as not to shine on or otherwise d~sturb the surrounding res~denbal properbes or to sh~ne and project upward, to prevent the d~ffus~on ~nto the mght sky 2 All new s~gns must meet the S~gn Ordinance Fllename 6 1 Recommend approval as submitted 2 Recommend approval with cond~bons 3 Recommend den~al 4 Postpone consideration 5 Table ~tem 1 Zomng Plan 2 Land Use Map 3 Zomng Map 4 Notification Map 5 Property Owner Responses Fi/ename ? ! ENCLOSURE ! ~.. I ! ~ ~ ~1/ ~ ~ ',IBI II II- ENCLOSURE 2 ZP-01-0002 (Sherman Shell) NORTH LAND USE MAP 9 Scale None ENCLOSURE 3 ZP-01-0002 (Sherman Shell) NORTH SF-7 ZONING MAP 10 Scale None ENCLOSURE 4 ZP-01-0002 (Sherman Shell) NORTH 200'-500' NOTICE MAP 200' Legal Nobces sent wa Certified Mad 11 500' Courtesy Notices sent v~a l't Class Mad 50 Number of responses to 200' Legal Nobce · Opposed 2 ·In Favor 2 · Neutral 0 Percent of land w~th~n 200' ~n o,ppos~bon 7 7% Scale None I ' n" ("~- ENCLOSURE 5 NOTICE OF PUBLIC HEARIN6 ZP-01.0O02 Tile Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, March 28. 2001, to consider recommending approval to C~bj Council the rezomng request, commonly known as 801 Sherman Drive, ,n the Single Family (SF-7) zoning district The 0 6 acre property located on the west side of Sherman DnYe, approxlmately 1/4 mile north of Bell Avenue A convenience ,store and gasoline sales are proposed The public hearing will start at 6 00 p.m in the City Council Chambers of C~ty Hall located at 215 E McKmney Street, Denton, Texas Because yqu own property wi'thin 200' of the subject property, the Planning and Zoning Commies;on would, hke to/;ear how you feel about this zoning change request and ;hyPes you to attend the public heanng, Please, In order for your opinion to be taken into account, return thru fo;m with your comments pdor to the date of tho public hearing, (This In no way proh/b~t~ , you t~'om attending andpa/f/clpating In the public hearing ) You may fax it to the number located at the bottom, mall it to the address below, or drop it oft' in-person Planning and Development Department 221 N Elm St. Denton, Texas 76201 Attn. Beth Hudson The zomng process includes two public hearings designed to provide oppor{umbes for citizen involvement and comment Prior to the public hearings, landowners within 200' o1' the subject property are not~fied of the zonlng request by way of this noti~, The first public hearing Is held before the Planning and Zoning Commission, The Commlsslon Is Informed of the percent of responses In support and in opposmon Second, the zoning petition is forwarded to the Cfty Council for final action providing the Commmslon recommends approval, Should the Commission recommend denial, the pelit~oner may then appeal the request to the CRy Council If owners of more than 20% of the land area within 200' of the site submit written opposRlon, then slx out of seven votes et the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner oppo~iHon. ~ eques'~t Please circle one f r Neutral ~o request Opposed to request Comments: C,~y, state Z,p /~_~ ,<7% ~ . 7"X Telephone Number . ~ ~ ~. ~ Phys,cai Address of Property within 200 feet. ClTYOFDEIVTON, TEXAS ClTYI{S, LLWEST · DENTON, TEXAS 76201 * 940,349.8350 . (F)940349/707 : , I I 12 I t , 0.312310:[ FR! 08 4:3 FA.~ g~05g11227 ~' E ~I~ NO CE OF PUBIC HEAR N ZP I-O002 , - ~e Planning and Zonlng Comm~slon of ~e Cl~ of DenOn wdl hold a public headng on W~nesday, Mar~ 28. 2001, to ~nslder m~mmendlng appm~l to C~ ~unc~l the rezonlng mques~ ~mmonly kno~ as 801 Shoran D~ve, In ~e Slngle Faml~ (SF-7) ~nlng d~t~ct ~e 0 6 acre prope~ ~s lo~d on the west slde ~ Sherman D~e, approximately 114 rode no~ of Bell Avenue A conven~en~ stem and gasoline ~ales am pm~ ~e pubic hea~ng ~11 sta~ at 6 00 p m in the C~ ~unc~[ Chambem of C~ Hall Io~d at 215 E Mc~nney ~met. DenOn, Te~s Because you o~ pmpe~ w~hln 200' of the subject prope~, the Planning and Zoning Commission would Itke to hear how you feel abo~ ~ls zoning change request and inv~es you to a~end ~e public heaEng Please, in order for your opinion to be taken In~ ac~unt, ream th~s fo~ with your ~mmen~ prior to the date of ~e public heanng (This inpo w~mh~blts you from a~ending and pa~lctpatlng In the public hea~g ) You may fax it ~ th~b~te~ the boEom, mail ~t to the add~s below, or drop It off ~son Planning and Development Depa~ent Denton, Texas 7~0~ / ~ ~'~ Aen: B~ Hudson involvement ~ad ~mment P~or ~ ~e public ~;nn~, l;ndownem ~200 of ~e subJa~ prope~ ~re no~fi~ of the ~mn9 mqu~ by ~ ~ ~ls nob~ ~e fi~t pubhc hearing Is held before ~e Planning and ~nlng Comm~slon ~e ~mm~s;on m info.ed of ~e pe~nt of responses in suppo~ and in opposl~on. Se~nd, ~e zoning petibon is fo~rded to the C~ Coun~; for final acUon pro~dmg the Commission re~mmends appro~l Should ~e ~mm~sa~on re~mmend denial, ~e pet~loner may then appeal the r~ue~ ~ ~e C~ Council If o~em of more ~an 20% the site submit w~n oppos~on, then s~ o~ ~ ~ven v~es of ~e C~ ~uncll are required to approve ~e zoning ~ange ~e fo~s a~e used to calculate ~e peroentage of landowner oppos~on. ~ ~ Please circle one: ~or Neural ~ raqu~ Opposed to request Of Co~me~: Th~s developed property baa ope:a~e~ ~a~ bu~: by me on buezne~-zoned ~and bas been "down-zoned~; by ~h2s c~ ~u~ no~zce or public ~. Are you / Prlnted Name Malllng Address , Telephone Numben Ph'i~' Address of Pr°;a~ W~ln 200 fe;~ Cl~ OF DENTON, TE~$ C~HALL~ · D~ON, T~S 70201 · ~0~9~50 13 NOTICE OF PUBLIC HEARIN6 ZP-01-0002 , - The Planning and Zoning Commission of the City of Denton will hold a pubhc hearing on Wednesday, March 28, 2001, to consider recommending approval to City Council the rezomng request, commonly known as 801 Sherman Drive, In the Single Family (SF-7) zoning dlstnct The 0 6 acre property is located on the west side of Sherman Dnve, approximately 1/4 mile north of Bell Avenue A convenience store and gasohne sales are proposed The pubhc hearing w~ll start at 6 00 p m in the City Council Chambers of City Hall located at 215 E McKInney Street, Denton, Texas Because you own property within 200' of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and Invites you to attend the public hearing Please, In order for your opinion to be taken Into account, return this form with your comments prior to the date of the public heanng (This In no wayproh/b~ts you from attending andpartlcipating In the public hearing ) You may fax it to the number located at the bottom, mall It to the address below, or drop It off In-person Planning and Development Department 22'1 N. Elm St Denton, Texas 76201 Attn' Beth Hudson The zoning process Includes two public hearings designed to prowde opportunlhes for citizen Involvement and comment Prior to the public hearings, landowners within 200' of the subject property are notified of the zoning request by way of thls notice The first pubhc hearing Is held before the Planning and Zonlng Commission The Commission Is informed of the percent of responses In support and In opposition Second, the zoning petition Is forwarded to the C~ty Council for final action provldmg the Commlsslon recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than 20% of the land area within 200' of the site submit written opposlbon, then slx out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please clrcle one' ~ . ~-~ In fa.rot of request Neutral to request ~.~pposed to request Commen,, Signatur~/~ __ ' - Printed Name'~ ~/~i Malhng Address ~["~ City, State ZIp ' ."~J~"J'"O'~. ~ '"'7~.O~:~' Telephone Number ~"~ ",~"~ "~-~'~'1 Phys,ca, ^ddress of Propar w,thln 200 feet < C;O CITY Ol= DENTON, TEXAS C~TY HALL WEST. DENTON. TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 14 APR-O4-ZOOl 12 oa FRO~$EBRING ~iP. ITAL CORP +80O7166ZZI ~. T-azs P OOl/001 F-?16 Beth Hmison Cs~, of Denton P&Z Ma~ch 22, 2001 We are no longer opposed zo ~he ~ezo~ml of $01 Shannon Dr,, Denton I on//nally mterpre~ed the map ~o show ~he subjcct propcny further down the slrecr. I do not oppo_s_e_ ~he existing Shell 5lalion To add a conwnicnce store To it's business Lori Dave Pryse.ski 816 E ,Sherman Dr DenTon, 76209 940-483-9875 15 ; AREA CALCULATIONS FOR ZP-01-0002iSherman Shell) Calculated By EAH Date Calculated 415/01 A TOTAL AREA (S~te and 200' Not~ce Area) 272,179 s f B AREA OF SITE ONLY 23,464 s f C AREA WITHIN 200' NOTICE AREA (^ - B) 248,715 s f 1 PROPERTIES IN OPPOSITION Location / Address Area* 800 Sherman Drive 18,540 s f 816 Sherman Dr~ve 613 s f I Total Area In Opposition 19,153 s f .Ama of property within 200 of subject property 2 PERCENT OF NOTICE AREA IN OPPOSITION (1/C) 7 7% ATTACHbIENT 2 Page 47 I yOU JUSt said MR MCIqEILL [ don't see any hghts so ! have 2 2 one question 3 3 -MS HUDSON YeS, sir 4 4 MR MCNEILL In the backup ms.al, well 5 5 not necessarily m the backup material but had this been 6 6 properly zoned 30 years ago, then they would not be coming 7 second 7 forward for this request, would they? 8 vote on ! 8 MS HUDSON MOre than hkely that is correct 9 MR RISHE 9 They probably would have had G~neral Retail zoning which [0 MR I~ 10 Is the same as everything here going southward So they 11 MR RISHEL 11 are only, essentmLly, two lots away from General Retail 12 wonderful example, I thtn]~ 12 zoning already They would have had General Retail 13 together to try to promote I 13 zoning I don't know that it would have allowed for thc 14 netghborhood o 14 car repair but ~t would have allowed for the convenience 15 example of multiple n 15 stores and tho gasoline sales t 6 16 MR MCNEILL SO the t~ffee bays that ~ open 17 for thts ptcce of 17 where ~ did the auto repair, they would had to have had 18 several something 18 some sort of an ordinance or a mod~ficahon on that to do 19 that I thmk 19 that 20 20 MS HUDSON when you look forward, in about a 21 fire 21 month, we'll be seeing the sUo plan on this What we 22 proud 22 have seen in our office so far is that they will be 23 Amen 23 enclosing -- 24 MR MCNEILL That amen IS a second, right? 24 MR MCNE[LL NO, no, that's not my question 25 good If you have no additional dtscusslon, would 25 My quest:on is they werc mistakenly zoned SF ? Had they Page 46 Page 48 1 ~'6., ~ '..v~.,, ~-,~.. LL:I_.. ,--..,--.-7..~ I been zoned Retatl, the appropriate class~flca0.on of 2 Tho next item on our Agenda :s to bold a 2 Retml, then they would have been able to operate legally 3 public healing and consider recommending approval to City 3 In effect, they've been legally non-conforming these 30 4 Council of the zoning plan for the Sherman ShelL And I 4 years 5 believe Ms Hudson is gems to bnng us a report, a staff 5 MS HUDSON That's coneet 6 re'port on this 6 MR MCNEILL Yeah That's what I thought 7 MS HUDSON thank you, ladies and 8catlemea 7 So had they been -- not been legally non-conforming, then 8 of the Conumssion The projest that we're looking at 8 when they got ready to do thetr expansion, they wouldn't 9 tonight is what ',vc'r~ calhng the Sherman Shell projest 9 have had to gone through this process or would they have 10 It has an existing bml&ng on it Most people am 10 had to9 11 falmllar with it m its exisUng form as a gas 11 MS HUDSON I behove the only tlung that 12 stataon/auto service store What they're loolang at doing 12 they would have had to do would have been a project plan 13 is they're lookaeg at changing the land use to a 13 that would have gone du~ctly to City Council 14 convemencastorowithgasohnesales 14 MR MCNEILL okay Thank you vory much And 15 The property has been zoned Smglc-Fanuly ~ver 15 I believe Commissioner Moreno has a question 16 smcewe'vehadzonmgalmest30yeersago, endwas 16 MS HUDSON Yes, str 17 pre-existing before we had zomng and no om: haa come 17 MR MORENO Acoupleofqueshons Whyis 18 through in those intervening years to bnng it up to some 18 the apphcant the C~ty of Denton and what happened to the 19 sort of oonfornung zoning So we're lookang at doing 19 right-of-way issue9 20 that this evening 20 MS HUDSON The Ctty of Denton ts not the 21 I do have several letters or one s~ of 21 applicant If I included that on your backup, I 22 letters that the adjoining prepay owners hav~ brought 22 apologtze I probably copted and pasted from the wrong 23 forward ActaaLly, It's the lady who sold the propexty 23 staff r~port 24 If you havc any other questions, I'Ll be happy to ansveex 24 MR MORENO Word processors are great, aren't 25 that 25 they~ THE PLANNING AND ZONING COMMISSION MARCH 28, 2001 Page 45 - Page 48 ~7. CondonseItTM Page 49 Page 51 I I M~ HUDSON Yes They can be going both ways I Umverslty Drive and that I'm going to have mor~ trouble 2 as far as being good for you We are not the applicant 2 on my street than what I already have And this is my 3 Joel F Plangman wath Mfllmmum Motor Company is the 3 biggest concern 4 appropriate applicant on that And the right-of-way issue 4 I don't know exactly what the hours of 5 has not been completely resolved It is going to City 5 opccatlon are and If they will be allowed to sell beer and 6 Council next week and they wll be deciding at that point 6 wine Do y'all have that answer? 7 how much of a vananoe to grant 7 ivac MC~'EILL OO ahead, Ms Hudson 8 MR MO~O okay Thanks 8 MS HVOSON n's my understanding from the 9 MR MCNEILL Oth~r questions for staff? 9 Texas Alcohohc Beverage Cenumss]on mica that you am not 10 Thank you very much Seeing no addtttooal hghts, I'll 10 allowed to sell alcohol w~thm 300 feet of a church, I 1 open the public hesnng and ask tf thc apphcant or the 11 school, or hospital And as has been duly noted on flus 12 applicant's representative ~s here and would hke to make 12 we have a new church under constmcOon Beaause the 13 a comment 13 church has gotten there first, they set the rules, which 14 MR PLANGMAN Joel Plangman, 3300 West 14 means that flus Is dentately within 300 feet of a church 15 University, Denton, Texas I'm here with our areintect 15 they wdl not be able to sell alcohol 16 and tf you have any quasUons for us, we'd bo glad to 16 Ma ~tsH~u t~ay I make a comment? 17 answer them 17 MR MCNE[LL comll~SSlOfler Rashel 18 MR MCNEILL Con'musslooers, do you have 18 MR IUSHEL The way I understand the way the 19 questions? I see no hghta so thank you very much 19 law Is wnUen the 300 foot specifically saya via the 20 MR PLANGMAN Thank you 20 major s~dewalks of the area So when you go from front 21 MR MCNEILL This IS a public heanng and so 21 door to front door, and I cpc very specifically where we 22 is there anyone tn the auchence who would hke to speak to 22 had Gooey Loocy's and the Presbyaman Church right next :23 tins Issue7 Anyone m the authence who would hke to 23 door, and as you measured it wa the s~dewalk, ~t was hkc 24 speak to the lssue'~ 24 1,300 feet So the 300 foot had noflung to do w~th a 25 MR PLATT ~ nanae Is David Platt I hve at 25 prop~a~y being next to the other property And I'm sum Page 50 Page 52 1 809 Greanwood l'd hke to say some personal comments 1 that legal counsel can clarify that for you so I don't 2 first, if I may My condolences on the passing away of 2 want to make that statement in public that we could not 3 your mother, Susan I heard about that shortly before you 3 have convenience store selhng that with a church next 4 left My congratulations to Pen3, m your manmg for the 4 door because I think that's incorrect 5 City Council And tell Dr Holt that he did a good job of 5 Ma SNYDEa well, I would have the same 6 beahng mo up last week I appreciate ins excellent 6 concerns because, as I recall the State statute vathout 7 doctoring 7 having tt in front of me, measures the 300 foot distance 8 I live at 809 Greenwood which is approxunately 8 from front door to front door along the property hnes 9 one block from where the station ts now My biggest 9 And since there isn't a current actual church there, 10 concern is if the zoning is changed and they am allowed 10 church building them, I would be reluctant to just rely 11 to sell beer and wane at that location at extended hours, 11 on that statutory provision If the P&Z Is so mchned to 12 I already have a problem where I live Since I am one 12 put some type of condition -- as I understand it, fins ts 13 block away, I live m an S-curve, I've lost several 13 a planned development district Is that right, Mr 14 veincles m front of my house They've run through my 14 Reichhart? 15 fencing, my maks, my trees because they all seem to get 15 MR REICHHART It will be If it's approved 16 dmnk and run up Sherman Dnve to the S-curve Thelads 16 MR SNYDER Iftt'sappmved? 17 love to do tins 17 MR REICHHART It's it's approved, ~t would 18 So my concern is that wafinn a short distance 18 be a planned development 19 of this station, If It becomes a convenience store and19 MR SNYDER SO since it ts a planned 20 they sell boer and wine, w~finn a quarter of a male I have 20 development d~stnct, you could put conditions on your 21 a store on University Drive that is frequented by the TV, nj 21 approval dealing wath that type of use if you so choose 22 police and other pohea They land of monitor what gees 22 Mi1 PLaTt SO there could be stipulations 23 tn and out of fins store I'm a httle concerned that 23 where beer and wine are not sold at that location? 24 they will JUSt go m and out of fins store tn a roadway24 MR SNYDER Yes, I finnk you could 25 that does not seem to be pohced as frequently as 25 MR PLA'IT Great Thank you for your tune THE PLANNING AND ZONING COMMISSION MARCH 28, 2001 Page 49 - Page 52 18. CondcnseItTM Page 53 Page 55 I MR MCNEILL Questions, we have some I MR MCNEILL Is there anyone else In the 2 questions for you Commissioner Williams has a question 2 audience who would hke to address tins issue'~ Anyone 3 MR WILLIAMS Yeah Now, if flus is the same 3 else in dae audience? State your name and address for the 4 Shell station that I'm dunking about, it's a stone's 4 record, please 5 throw from P~gsly Wiggly where they sale beer and wine, 5 MS ADAMS LOll Adams, 800 Sherman Drive m 6 right? 6 Denton And I'm very ill-prepared 7 MR PLATT That is correct Piggly Wiggly 7 MR MCNEILL That's all right Take your 8 usually sells beer until about 10 00 at night and then on 8 tune You have plenty of time bere 9 the wee. k~nds, they're a little bit later and they have a 9 MS ADAMS I have the horace that I was 10 full-tune security guard in that store, which I appreciate 10 certified mailed and realize that I do have a say at least 11 that, because they monitor that perking lot and who comes 11 that could be heard 12 m and out of that store My biggest concern is someone 12 MR MCNEILL That's correct 13 could be,intoxicated They continue to feed themselves m 13 MS ADAMS And so this is my first meeting to 14 the neighborhood and then run through tho neighborhood 14 ever attend 15 through my house 15 MR MCNEILL well, we're glad you came 16 MR WILLIAMS I live m that same 16 MS ADAMS 1 live directly across the street 17 neighborhood and the security guard is outstanding He 17 from the Shell station and have for ten years And as I 18 must be undercover because I don't see hun too much, too 18 said, I don't have an outline but I know my mare concerns 19 often 19 are them being open for extended hours Raght now, the 20 MR. PLATT Yes, he's excellent 20 statmn is always closed and everybody's gone and there's 21 Mit. MCNEILL Colnmlasloner Rlshcl has a 21 not really any traffic there after 6 00 o'clock in thc 22 question :22 evening There's no lights 23 MR RISHEL Mr Platt, If I'm not mistaken, 23 They do have some pay at the pump credit card 24 In your business area on the other side of town you're 24 s~tuatlons -- I'm nervous - things there that you can do 25 very pro-buemess and pro -- tho existing business having 25 there in the evening, but that's just a small hght that Page 54 Page 56 I an opportunity to expand and fiounsh and prosper And I shines right on the pump I'm concerned that that 2 how is flus any thfferant than the busmesses that you 2 hghting vail be changed and that there will be light 3 have on the other side of town other than thc fact that 3 sinning into my hwng room and into my children's rooms '~ it's in your baekyard? 4 since I face that threcfly 5 MR PlATt BeCause where I am on the south 5 And I'm also concerned with what Mr Platt had 6 side of town, we have always been an industrial park from 6 to say about the alcohol being served The people always 7 day one dating back appruxunately 110 years I have no 7 drag race up and down Sherman Drive anyway I mean, 8 neighborhoods Ihavenochureh I have no day care 8 that's just !ond of a -- it must be a hangout m unwntten 9 across the street Tlus is what that area has always been 9 law or something But they do that and I'm afrmd that if 10 and that's the mare thfferenee in the two 10 they have access to alcohol later tn the evening, then 11 MR RISHEL And how long have you been where 11 that will be just that much more traffic m and out later 12 you're at on Greenwood? 12 m the evening and much more possibility of them being 13 MR PIATT l~years 13 drank an that street 14 MR RISHEL 15 year8 And thc station has 14 So -- and I'm womed about my property value 15 been there how long? 15 I don't know exactly how that affects it but I, myself, 16 MR PIATT I have no idea 25 years? 16 would not buy a house that was du'ectly across from a 17 MR. RISHEL Since 1969 17 store that sold items that I was opposed to And that's 18 MR PLATT Quite a while Many years 18 just my personal opinion but I don't want my property 19 MR RISHEL okay But long before you got 19 value to go down because of tins either 20 there though'~ 20 I don't have a problem with it being a gas 21 MR PLATT Absolutely 21 station I don't have a problem with there bemg a 22 MR. RISHEL okay Thank you 22 busmeas there neeessanly I just don't want a business 23 MR PLATT Any other questions? 23 that's there that sells alcohol and magazines and is open 24 MR MCNEILL Thank you very much 24 I don't know what their hours are supposed to be presented 25 MR. PLATT Thank you 25 as now, but I don't want them to be open all the t~ne and THE PLANNINO AND ZONING COM31ISSION MARCH 28, 2001 Page-53 - Page 56 19. CondcnseltTM Page 57 Page 59 I increase the traffic m front of my house So I guess I famdy opcraUn8 ~t So whatever hours they can kccp ~s 2 that's all I have to say 2 going to dctenmue thc hours of the station And most 3 MR MCNEILL Very good Thank you for 3 families;' for Instance, on the loop -- sorry, the Diamond 4 coming 4 Shamrock on East Umverszty, U's a faanly operauoo 5 MS ADAMS Thank you 5 They open about 7 00 m the morning and close about 9 00 6 MR MCNEILL It there anyone else m the 6 at mght So it's going to be soamthing him that You 7 audience who would like to address the issue? Anyone else 7 know, we may be 6 00 to 10 00 but that's tho outside Or 8 tn the authence? Is there anyone else who would hko to 8 it could be 7 00 to 9 00 So I don't amic~pate -- ~t 9 address the issue? Seeing no -- I're son'y, Comnusmmier 9 would be foobsh to operate it 24 hours 10 Holt 10 MS HOI~T SO you think It would be one person 11 M~ HOLT I would like to ask Mr Plangman a 11 the~o? 12 couple of questions 12 MR PLANOMAN erie to tWO people but not more 13 MR MCNEILL Okay Would the appheant 13 than two at any one tlme 14 please come down? 14 MS HOLT Thank you 15 MR PLANOMAN Yes, ma*mn 15 MR PLANOMAN okay Any other questlons~ 16 M~ HOLT What are your hours? 16 MR MCNE[LL comanssloner Oourthe has a 17 MR PLAN'GMAN We plan to be open about 6 00 17 questam 18 tn the morning to probably 9 00, 10 00 at night 18 MS ootmom Thank you Being that this ~s a 19 MS HOLT And what about the alcohol sales9 19 Po we as a Comm~ssion and so forth can But lmutatlons on 20 MR. PLANGMAN The alcohol sales are 20 it 21 anticipated Convemence stores are operating all around 21 Ma PLANOMAN Yes 22 town and plus we have P~ggly Wiggly just down the street 22 MS uouaolE And would you be fine with us 23 from us Piggly Wiggly w~tl probably do ten to 15 tunes, 23 saying no business after 10 00, defining the hours? 24 maybe 20 tunes whatever we might do 24 MR PLANOMAi~ I don't think that would be a 25 Statistically, people who get drank usually 25 problem I'd have to ask the owner He wouldn't Page 58 Page 60 I get drunk m bars, or ff they're children, they're buying I antmipate somebody salong what hours of operatzon you can 2 booze or they're getting booze from someone who is buying 2 have 3 it for them You can't stop that at all But as far as 3 MS COUP. Om well, my concern ~s, and ~t 4 people coming Into us drunk and trying to buy alcoholic 4 pretty much hinges on that, I've been driving around 5 beverages, anybody that would sell aloohehc beverages to 5 looking at homos up agemst retail estabhshmeots and the 6 someone who is ~ntoxlcated would he in deep trouble right 6 lights ate pretty intense when you're ~ylng to put 7 away wath the Texas Aloohohc Beverage Comrmssion 7 children to bed and so forth Is them any way that you 8 Secondly, if someone bought beer end wane from 8 can tone the hghung down after dark so that ~t's not 9 you who was underaged would be m deep ~'oubln wath the 9 this bright -- 10 Texas Alcoholic Beverage Commission because if they ever 10 ~na PLANOMAN Yes, It WaS pail of Planmng & 11 found out, you would bo targeted for a sttag and you would 11 Zomng Deparmaont's supulaUon on the zomng was that our 12 defimtely be caught 12 hghtmg would be toned down And so we would not be able 13 MS HOLT soyouttunk 10 00 o'clock would be 13 tojustshinethamasbnghtaswecansbanethem We 14 the latest? 14 would have to meet some sUpulatioo from Planning & Zoning 15 MR. PLANOMAN That's th~ latest The traffic 15 on how much lighting we can have underneath that canopy 16 dies considerably after 8 00 And at 10 00 o'clock, it's 16 MS OOURDII~ .Mid the same with also hghung 17 too Infrequent to even be eton You would just lose money 17 around your parking lot and so forth? 18 from, let's say, 10 00 o'clock on to 6 00 It would just 18 Ma PLANOMAN YeS, right You know, the 19 be like keeping a person on staff where you wouldn't do 19 Planmng & Zoning would dotenmoe that If they want us 20 eoough soles to pey them So It wouldn't mnko any zenso 20 to hght it less, we're going to have to hght it less 21 for an operator to be open after that 21 MSOOURDIE okay Thankyou 22 MS HOLT And how many employees do you 22 MR REICHHART [ would JUSt mention that ~s 23 anticipate having? 23 will como back for a detailed plan and we'll got those 24 MR, I'LANOMAN It wall be a family operation 24 details We've talked to the apphcant a number of times 25 so whoever was Olin'sting it, ~t would bo primanly that 25 on items hko that 'rtilt PLANNING AND ZONING COMMISSION MARCH 28, 2001 Page 57 - Page 60 ~0. Cond~nsoltTM Pag~ 61 Page 6~ 1 MS OOVROra Thank you I few hours at mght during the wreterttme today 2 MR MC'~aILL commissioner Wdhams 2 MR PLANGMAN Or early m the morning maybe 3 MR WILLIAIvlS I did hoer you talk about the 3 ~,/IR MORENO Hut tf you're going to stay open 4 10 00 to 6 00 and to me you said you're not going to bo 4 anti! 10 00, the lights are going to be on longer than 5 open And whea you say that, I believe what you t~ll me 5 they are today 6 So you shouldn't have a probl~t with that stlpulatioo I 6 MR PLANGMAN well, the operator wnll 7 guess my concern is that -- my concert is moro that we may 7 probably make a determination whether to close sometime 8 have another Howdy ~owdy n~xt door to you 8 between 8 00 and 10 00 and that will b¢ based on traffic 9 MR Pt~wot, o,~ i'm sorry 9 through the store 10 MR WlLLIAIviS okay So yon're not fanuher 10 MR MORENO somebody brought up the question 11 with your prop~ty there? 11 of security a httle wlule ago Do you anticipate any 12 Ma. PLANOMAI~ The Howdy Dowdy that's closed? 12 security on prennses l~ke Piggly Wiggle has? A security 13 MR WILLIAIVln yes 13 person? 14 MR Pt.~NOMAN oh, okay That place has been 14 MR PLANGMAN' TO employ a security person at 15 closed for 15 years 15 a convemenee store, I don't know of anybody that does 16 MR WILLIAMS That's what I'm concerned about 16 that 17 bccausn I'm not too conc~mcd about the neaessardy 17 MR MOP. ENO Okay 18 alcohol and all this nther stuff I'm concerned shoat 18 MR PLANGMAN And so from that standpoint, 19 another vaoant bmldmg bang there because Howdy Dowdy 19 no, we don't antl¢lpat~ eny se. cunt), problems Usually 20 was open when they first became wet, when Denton first 20 what you have ar~, 1rko, tuddon cameras or visible cameras 21 became wet and lt went out of basme.Ss Idoa'tknowwbot 21 to do your securlty work for you Solfanyttnngdocs 22 -- and it may be that p~ople go to Piggly W~ggly's and 22 happen, you have it on tape 23 don't tbanklohOUt going to a convenience s~ro And I 23 MR MORENO Okay Thank you 24 guess that'$ my centrum is just having another empty 24 MR MCNEILL commtssmnex Apple 25 bmkhng thcro more so than the alcohol 25 MS APPLE Justaclarificattonbccauseyou Page 62 Page 64 1 MR PLANOMAN well, he's putting a 1 keep saying he would have to think about that and he would 2 substantial amount of money into it and if he didn't flunk 2 have to do that, are you not tho owner-operator? 3 it would work, he's going to be the one on tho xask for a 3 Ma. PLANOMAN [wlll not b~ the operator or 4 largo bank loan to a financial restitution and they're 4 the owner-operator of the station He will, after he 5 w~llmg to back barn on bas expertise So I oxpeat the 5 completes the project, he will get ~ther a leasco or 6 place to be open for a long tiros 6 be'Il make a direct sale, but we'll have tho gasoline ? MR MCNalLL conumss:ooer Moreno ? commission on the prop~ty 8 MR MORaNO Ye,8, Sir If beer and wine sales 8 MS APPLE okay Thank you 9 were probablted, would this deal still be viable? 9 MU MCNE[LL commissmner Holt [0 MP~ PL~NOMAN We couldn't operat~ as a 10 MS HOLT Mr Plangman, flus is my area of 11 convcmence store then We would havn to lesve a as la I 1 town, too And I just worry about the alcohol sales that 12 and we wo~ld have to leave it with open bays We would 12 Piggly Wiggly is mostly women and man going In the~ and 13 try to oxpatld the gasohne operation to include, bastead 13 buying their groeanes and get~ng a six-pack of bees' and 14 of two pumps, bo four pumps We would wrap th© canopy 14 coanngout You've got a chareh next door Yen'vegota 15 but, estbotioslly it would bo mfcnor to what the City is 15 cbald care acress the street You've got famdles across 16 looking for In fact, considerably inferior 16 the s~ect You've got a vacant braiding next door which 17 MR. MORENO On th~ qUestioo of hghting, you 17 to me, is a big negative besause, I guess, I can say I've 18 said you would tone those down Would you tone titan down 18 had teenagers so I know what they can do sometunea, and 19 from the way they are now? 19 them am just so many aspects of flus vath the alcohol in 20 MR. PLANOMAN Well, I don't flunk they would 20 it that, to me, are not conducive to a nmghborhood store 21 hght up an~ more than tboy do now I think that's what 21 And that - I just have a problem with that 22 the City wottld be looPang for is that we wouldn't uteato 22 Mil PLANOMAN WOll, let's say wo're not 23 moro hghtlng than we have now 23 approved, ail right, we will have to leave it as is and 24 MR; MOP, ENO Yeah, but I flunk the issue Is 94 then we end up with a situation whom we're in a catch 22 25 the hghts ay0 hardly eves tumid on except for maybe a 25 with the City The City doesn't want us there as a THE PLANNING AND ZONING COMMISSION MARCH 28, 2001 Pagd 61 - Page 64 Con, enseltTM Page 65 Page 67 I gasohne station with bays Now, the City doesn't want us I not oven going to have an interest in it and you just sam 2 there with gasoline sales with a convemenee store Now, 2 you're not even sure what -- whoever "he" is ~s going to 3 are we to tear the things down and put up what? We~ve 3 do with ~ because he could sell ~t or he could lease it 4 been there 30 years and the only reason we're here is that 4 So that's a bunch of unknowns as to who ~s octually going 5 someone made a clerical error in the City That's the 5 to be doing thc on premise oversight 6 only reason we're here And that ale^cai error is gross 6 MR eL^NOMAN well, see, he could pass away 7 negligence in the way we look at it on what the City did 7 and h~s vale decide to sell it You know, anythng can 8 32 years ago 8 happen 9 The property that you say ,s empty next door, 9 MS APPLE Exactly l0 the Howdy Dowdy that's empty next door, It is also si: 7 10 MR PLANaMAN ant that Occurs for anybody m 11 and It was built after we were and they still didn't find 11 any business It's just not th~s one 12 the error Only when we got into this project did anybody 12 MS ^PPLE i realize that, but you're making 13 know that we were ~F 7 SO when it comes to our 13 co^uno^ts about how we would operate it and we would do 14 customers, the customers that we have coming into our 14 this so that's what I'm taking into consideration Thank 15 StOre are the very same customers that go into Piggly 15 you 16 Wiggly It's JUSt that they don't want to go m them and 16 Ma PLANOMAN Any other questions? 17 wait m line That's the only difference between Piggly 17 Ma MCNEILL I don't see any hghts so thank 18 Wiggly and us It's a very large store You make larger 18 you ve~, much 19 purchases When you don't want to just -- lf you just 19 MRPLANOM^N okay Thankyou~ 20 want to go get a coke or a beer or a six-peck of beer or 20 Ma MCNE[LL [ believe we have a card from - 21 you want to get.lust some snacks but you don't want to go 21 I'm sorry Never mind It's for the next item Staff is 22 rote Piggly W~,gly, flus is where you go 22 t~lng to see if I'm alert Is then: anyone else in the 23 And as far as -- we*re under the snmc 23 audience who would lake to address this issue? Anyone 24 guidelines of how we conduct sales of alcohol to the 24 else in tl~ audience who would hke to addt~s the issue? 25 public as Piggly Wiggly would be And in the surveys that 25 Seeing no movement, I'll close the public hearing and ask Page 66 Page 68 1 we know about, people that go into convenience stOres 1 staff if they have any closing comments 2 aren't the ones that are already drunk If you really 2 MS, HUDSON The only comments I have is on 3 want to clamp down on people being drunk, you just close 3 the last page of your staff report, next to the last page, 4 the bars, because there you can sit and dnnk and sit and 4 page 4, with the conditions The first -- 5 dnnk and sit and drink until you just want to leave At 5 MR WILLIAIvlS Page 4, you smd? 6 a convenienee store, you can't sit and dnnk or you can't 6 MS HUDSON Yes, sir 7 even consume the product on the premises You have to be 7 MR WILLIAMS Thank you 8 off the premises So I don't know what we do 8 MS HUDSON That - It's the standard 9 MR MCNEILL Commissioner Apple 9 lighting condition that we have on most non-residential 10 MS APPLE JUSt for clarification because a 10 projects that any new lighting they put on will have to be 11 statement you just said, tf we don't approve this, the gas 11 designed m such a way that It will not bleed over onto 12 station can still continue on as a non-conforming use Is I2 adjommg properties including the residential across the 13 that correct? 13 street If they put up any new signs, that they'll have 14 MR PLANOMAN Yes But under the guidelines 14 to meet the sign ordinance And then the last two are 15 that may be approved by the City, if an aggrieved party 15 kind of housekeeping detads, that they need to show the 16 doesn't like us there, they can file against us and it 16 side and rear property or building setback lines and they 17 would go to a Board of AdJustment and they can tell us to 17 need to add a vicinity map 18 either conform or get out 18 MR MCNEILL And you had a statement, what, 19 MS APPLE But as it stands now It could 19 the vicinity map, why did you require that? 20 continue on as a non-co^fo^rang use, and the neighbors 20 MS HUDSON Because as it shows nght now, If 21 don't seem to have a problem with the gas stat. ton that 21 you just pick this up you wouldn't have any idea where on 22 closes at 6 00 o'clock and doesn't sell beer and wine 22 Sherman DAve flus was 23 It's the pro^use of a convenience store -- and I believe 23 MR MCNEILL Got you Okay Correct me if 24 you have good intentions You know, you're saying we 24 I'm wrong here, but you state that this whtoh, of course, 25 would operate flus and we would operate that, but you're 25 is not really relevant at flus point, but the site would THE PLANNING AND ZONING COMMISSION 1MAltC'I-I 28, 2001 Page 65 - Page 68 22. CondenscltTM Page 69 Page 71 I be m parhal conformance w~th the draft Zoning Code I MS HLrDSON The ones to the south of ~t, yes, 2 which, of course, is not approved 2 they could get a certificate of occupancy tomorrow for a 3 MS HImSON The partial conformance means 3 convan,ence store and because they have thc proper zoning 4 that the new Zoning Code that it's going to Is 4 and it's an existing bufldmg, there's nothing that the 5 neighborhood center~dmlxed-use which does allow for a 5 building official could do to stop that 6 convcmence store, but it does not allow for gasoline 6 MS GOURDIE $o we're either going to have 7 sales 7 the inevitable happen or now or later probably I mean, 8 MR MCNEILL Bat under a convenience store 8 I'm just trying to figure out what rmght happen to this 9 defimtion, they would by right be able to sell beer and 9 neighborhood despite what thc neighbors' concems are an 10 wine Is that correct? 10 I flunk that's fair for them to know that whether this 11 MS HUDSON It ts sale of retail items It 11 goes or not, there could be one next door to that which 12 does not specifically exclude alcohol 12 they would have no say for 13 MR MCNEILL okay That's under the new 13 MS HUDSON Yes 14 Code? 14 MS GOURDIE Okay Thank you 15 MS HUDSON And our current Code 15 MR MCNEILL DO you have any additional 16 MR MCNEILL Okay Allnght Sotlustsa 16 comments9 17 zoning issue 17 MS HUDSON NO, sir 18 MS HUDSON That's correct 18 MR MCNEILL okay 'Ihank you very much I 19 MR MCNEILL But It's going to be done as a 19 will close the public heanng then at this point and ask 20 PD so that*s why we're plaotng m here that it could be a 20 the Comllttsslon tf they have thscusslen Any discussion'7 21 convenience store 21 Commissioner Gourd~e 22 MS HUDSON Right 22 MS GOURDIE This gas station and I believe 23 MR MCNEILL Because otherwise we would have 23 that I feel that, one -- I have two tlungs here One, 24 just said retail 24 flus is an extstmg gas station and due to a clerical 25 MS HUDSON We could have We're trying to 25 error or whatever, something went wrong in the system Page 70 Page 72 t make sure that there also able to do the gasoline sales at 1 And I'm d~ly troubled that this has to happen as it ~s 2 a later date -- 2 happening Secondly, though, I'm concerned for thc 3 MR MCNEILL okay 3 neighbors because I do see what happens when a cotnracrclal 4 MS HUDSON - as well as because It's an 4 prop~ty becomes more ~ntcnsc in use But being that thc 5 existing site end it's so small, it has a lot of site 5 neighborhood is on its way to being a heavier used 6 constraints which means that whenever you look at the sit 6 neighborhood, espenially with what there could bc 7 plan, they're going to have to do altereative lendscepmg 7 happening to the north of tins neighborhood on flus road 8 and some other issues 8 this whole area aught be in for a very big change And I 9 MR MCNEILL I believe Commissioner Gourdtc 9 think ~t could be bct~r for us to have some controls and 10 has a question 10 to bc ablc to say th~s is okay with closing at 10 00 11 MS HUDSON Yes, ma'am 11 o'clock, thc lighting needs to be turned down, and put m 12 MS OOURDIE Thc question would be ls being 12 all these th~ngs to protect thc neighborhood, and lot them 13 that how it will be, if tlus is approved, the zoning 13 know that this is what's going to happen versus something 14 issues, that means that the old Howdy Dowdy or any of 14 that could just come m tomorrow and be just standarthz~l 15 those vacant buildings that are zoned m flus area, they 15 to wha~ver thc standards are 16 could easily come m as a convenience mart, whether or nc 16 And I would rath~ us be able to say please 17 -- these people would have no say m the matter Is that 17 close at 10 00, open at 6 00, your sound has to bc kept 18 correct? They could, one day, walk out their door and 18 down, and define it to a point where it's compatthle to 19 have a full-service convenlent mart wlth wme and beer I9 the naghborhood as best as you can for how it's zoned 20 sales, IS that correct7 20 MR MCNEILL comnllSSlon~r Williams 21 MS HUDSON Not necessarily on the Howdy 21 Ma WILLIAMS [ keep heanng about llns 22 Dowdy It Is zoned Smgle-Famdy, as well 22 clerical error and I pass this four, five, six tunes a 23 MS OOURDIE Okay But there's, llke, 23 week and it was basically the way the Clty eaded up 24 property right next to tho gas station and then there's an 24 developing because what happens ts that from Shernmn Drive 25 empty lot and then there's -- 25 to Smart Road is smgle-fanuly, and then other things THE PLANNING AND ZONING COMMISSION MARCH 28, 2001 Page 69 - Page 72 23. Condons~ItTM Page 73 Page 75 I developed after Smart Road because of the way thc streets I or at least across the street or In a very close proxm~Jty 2 run into each other And at one tm~, it was not 2 to some major supurmarket, which ~s what v~ really have 3 developedI hke that Sherman Drive was a farm to market 3 here And that's part of what makes them successful is 4 road that went to Pilot Point And they looked at having 4 they're m a good location They have neighborhoods that 5 smglc-farmly going there and folks who sit here made 5 fe~l ~ and they cooperat~ with those nolghborhood,l and 6 those things And in 1969, the service station was 6 get along or find a way to ccexlst 7 probably being built at the same time the zoning was going 7 And so I'm anxious to sea if we can get th~s 8 in And so I don't flunk xt's a clerical error It was 8 site unproved visually that will be aec~ptable for the 9 -- it evolved that way And benanse I think the plan was 9 neighbors and we can grow and expand and find a way to 10 for smgle-fanuly all thc way up to Bell Avenuo Ithink 10 make lt work for everyooe Soaslsay, Ithocghthas 11 that was tha plan It just thdn't como out ld~ that 11 was a groat opportumty to coexist and s~o tlmigs 12 And when I look at this neighborhood, I look 12 improved I thought doing away with the bays of the 13 at this neighborhood as probably another gateway mtn 13 building certainty fell moro into compliance with our City 14 Denton because this ts the way from Ray Roberts Park 14 things that we're trying to go with visual, hangs we've 15 Also, I have some negative feelings about hquor sales and 15 talked about Tho fact that they wore going to do some 16 convenience stores because I've seen my eluldren's 16 site lmprovemeats including landscaping of wh,ch this site 17 classmates buying hquor there when my children were m 17 is in need of And I thought It was a great opportunity 18 tughschoolandtheywe~mhighschooI And I've called 18 tomakoaroallymcofacehfloosomethmgthatalresdy 19 the police and those stores are still open And I have 19 existed, although it was m non-eomphance 20 some sennas concerns because basically tho presentation 20 t~R MC~I.L t don't sc~ any other hghts 21 leavesm¢la~klng Ihear"w¢"whentt'sconvententfor 21 Thls ls a real thorny project hero, problemtme Wehave 22 "we" I hear "he" when it's convenient for "he" So I 22 a site that's been in existence and I think it actually 23 don't know what's going to happen with this and the "ho" 23 was Commissioner Wllham's - there's an ordinance where 24 is not hare to answer those questions 24 ~t actually was placed m sF ? by an ordinance se I don't 25 And the service station has been a good 25 think it really just evolved It oecnrred at somcbody's Page 74 Page 76 1 neighbor a~d I don't think any n~ghbors are going to I error because I hank it occurred at the same tune the 2 complain about it because we like to have a place where we 2 service station was there, but that's ncnther he~ nor 3 can got our cars fixed Thayhaveprotlygoodmechamcs 3 thoro Tho th~ng has ex~s~d fur 31years 4 We got our fiats fixed and got oar cars fixed and tho oil 4 I approcmte thc neighborhood and then' :5 changed and keep going And I think we need -- we need to :5 concern about the sale of hquor in the axea Of course, 6 look at these PD'S, at these mixed-use where it doesn't 6 the person who's a businessman, ho wants to make maximum 7 sell gasohno That doesn't sound llke mixed use to me 7 profit But I don't -- I think the neighbors have a real 8 But I'm JUSt a counlry boy from east Texas What do I 8 legitimate concern hew with the sale of hquor, but I 9 know? 9 don't know what the solution to has is I'd hke to hear l 0 MIL MClXS~ILL comnllssloni~r Rlshol 10 some additional discussion from the rest of the Comnusslon 11 MR RISHaL I thought, as I lcoked at thls 11 as to what they think we onght to do hero but it's not a 12 initially, I thought it was a groat opportunity for a 12 cut and dried issue hero The legahtms of :t bother me 13 ne~ghborhocd and an owner to expand their business, make 13 that we've got a non conforming use here that needs to bc 14 it more profitable for them, and st~ll work w~thm the 14 corrected Commissioner Holt 1:5 neighborhood to have something that was much mor~ visibly 1:5 Ms HOLT I d like to ask staff what could we 16 attractive for everyone l 6 do to help them redo tho service station with the bays and 17 I understand and appreciate tho fact that tho l? continue that, unpmve that? What can we do? And add 18 naghbors are concerned about hquor sales, they're 18 more gas pumps 19 concerned about hghtmg Those a~ always things that 19 Ma RE[CHHART The applicant might be bet~r 20 we're concerned about also as we lock at development in 20 able to address that, but I would tlunk that probably the 21 our community If I'm not mistaken as I did marketing and 21 econounc return that they can get from a serv~c~ station 22 thngs in college, most of the successful convenience 22 might not warrant the additional expense of going through 23 stores that I know lecatlon-vase were picked for then' 23 a remodohng and adding the gas pumps The convenient 24 lecation because of location And, typically, those are 24 store with gas pumps draws people in for gas and they go 25 spots that are convenience stores that are right next to 2:5 m and got a cup of coffe~ or some items se it's a - you THE PLANNING AND ZONING COlVlldISSION MARCH 9.8, 2001 Page 73 - Page 76 CondonsoItTM Page 77 Page 79 I know, you're going thoro anyway, you rmght as well get I Further, I wanted to point out that It is trk~ 2 gas You're getang gas, you might as w~ll go msfd~ and 2 that the existing Zoning Code dcesn't really speak to thc 3 get som~hmg So the economics of a convemeace s~re 3 alcohol sales This City has rehed on thc Texas 4 probably afford thom the opportunity to do tbe 4 Alcoholic Beverage Commission and then' rules and 5 renovations 5 regulations to dictate location of alcohol sales That's 6 And I don't know what the ecoaonucs of a 6 existing zoning The proposed Development Code has 7 s~rvico ste~on am to renovate that or what the incentive 7 followed on that track There are, however, a lot of 8 is to do that I mean, w~ don't have -- I don't beliav~ 8 commumtias where alcohol sales is regulated through thc 9 we have coononu¢ programs to do facehfls and moenaves 9 zoning ordinance and that is sometlung that we could look 10 te do beauaficat~on and those tyl~ of things 10 at We did not look at it m terms of the Development 11 MS HOLT NO, I'm saying zoning-wise what can 11 Code rewrite just because it wasn't in thc existing one 12 wade? 12 AOd quite frankly, I've been here maybe a year and a half 13 Mil R~ICHHART if we 13 now, I kept waiting for the issue to come up This is the 14 MS ~OLT ~ mean, with our aurrent zoning 14 first tune that I can remember In a lot of commumtles, 15 would they be allowed to do that, to add two more gas 15 it is a toptc, a hot topic, and maybe the tune is nov, in 16 pumps? 16 the City of Denton where that should be looked at and ~e 17 Ma REICHHART If they had the proper zoning 17 could colne back with regulations in terms of alcohol sales 18 that would allow gas steUons, and I think Ca:naTal R~ll 18 and the location of those And, agmn, it is thctated and 19 would or C.~mmerolal would do that, they would be able to 19 would have to still comply with the State regulations 20 do the gas pumps and the convenience store nght now If 20 MR MCNEILL we have three Commissioners 21 we wait and then we rezone titan, as what's proposed on the 21 waiting to speak but I think counsel also has a comment 22 zoning map right now, they would be able to do tbe 22 he'd l~ke to make 23 convenience store but not the gas pumps So they am in a 23 MR SNYDER Yeah, I'd like to make a commeat 24 catch 22 24 Earlier I talked about in your Code it talks about you can 25 MS aot~x Thanks 25 place reasonable conditions on planned development Page 78 Page 80 I MRM~/B[LL okay ComunssmnerWlllloms I districts One of the flnngs that occurred to me as ~c ~e 2 MR WILLIAMS I gnus I have tho same dilemma 2 b~n talking about the alcohohc sales is that under the 3 as Commissioner Holt because we're siting hem on one 3 Alcohohe Beverage Code, there are sections in thc 4 hand working on a Development Code and with tho other hand 4 Alcohohc B~verage Code, some preemption sections that 5 we're doing PD'S And we sit in meetings saying ~'D'S are 5 deal wath what the cities can and cannot do As I recall 6 bad but let~s do Jast one more PD please, and let's do 6 there is an exception for zoning but, really, I didn't 7 another ~'o, and let's do anothar PD It see~ns hke we're 7 anticipate this issue coming up tonight and really a 8 sabetagmg What we're demg And I tl~nk thls brtnga up a 8 necds to be researched to see just what - certainly, if 9 thl~nma that wo have more work to do becaasa I found out I 9 we're going to gat into regulating zoning throughout the 10 have some Sunoas problems with mined-asa becaase, to me, 10 City when we do the Development Code 11 other we changa it to son. thing else or call it what it 11 But I think you cea put that condmon on ~ 12 is I don't bke to play w~th words because nuxed to me 12 planned development district, as I said earher, but I do 13 means nuxed And so ~- and without taking things out 13 remember the['~ is a provision in the Alcohohc Beverage 14 And so we -- and also I think that we've got a main 14 Code that has some preemption lunguaga in it and so when I 15 thoroughfare wbem you cun't have service star,oas, that's 15 say I llunk you can put that - earher, I said you can 16 illogical 16 put those types of eonthtlons on thom, that's with the 17 MR.I'OWI~Lt~ Mr Chairman, mayI-- 17 eaveatthat I'd have to go baek and look at tho Alcohohc 18 MR, MCNEILL aa right ahead 18 Beverage Code and make sum I'm correct on that And I 19 MR POWELL why not I did want to potat out 19 could take a few nunutes and go get the Code now or you 20 that the Po is not becsuse of the uses pmposed on tho 20 couldjustmakewhatevermotlonyouwant Betweeano,n and 21 site They ooald do flus with a straight City zoning 21 when we get to Council, I'll have that answer 22 Thc reason Rtey went to PO ~S for the sethacks for thn new 22 Ma MCIqEILL so you're saying go ahead and 23 canopy So the Issue of PD, they could do this with a 23 make a recommendation with thc s~pulat~on about alcohol 24 straight zoning classification and seek a venanea So 24 that when it got to Council, you could include that 25 Wsnottbemtxtareofuseathatarodnvmgflusl'9 25 MRSNYDER whatever I'm not sure what kmd THE PLANNING AND ZONING COMMISSION' MARCH 28, 2001 Page 77 - Page 80 CondonaeItTM Page 81 Page 83 I of motson ts gomg to come up ton~ht but I'm just saymg 1 mght bothers me, particularly during th~ winter months m 2 when I stated earlier you can put that condition on thc 2 this nclgbborho~d because tl~s nc~ghborheod ss just not 3 planned development &s~nct, that was based on what our 3 accustum to that partmular leoaaon ~n~n8 operated at 4 Code says And as the dtsausston went on, I recall that 4 such late hours That's my 5 them is a provision m the Alcoholic Beverage Code that 5 t,~ MCNEILL v~'y gO~ CoIl~lUSSlon~l' 6 addresses preemption of the sale of alcoholic beverages 6 Oourthc 7 In other words, the State law pmeanps local authorities 7 MS anymore. How late Is the Piggly W~ggly 8 from regulating the sale of alcoholic beverages but there 8 opan? Does anyone know? 9 Is an exception for zoning m there And I just need to 9 MR MOHL~O usually aborn 10 00, I bchcvc 10 go back and look at that exception 10 Ma Oocr~om Ones an)one know when these 11 MR POWELL I think what ~ is ~aylng is If 11 people dnve through thc S-ctu~ or whatever st was that 12 you put a condition on It related to thc alcohol sales, 12 Ma. Pratt was spcalong about, th~ erratic dnvmg 13 we'renot sur8 tflt's~ilforeeltbleor, mdeexl, leguland 13 happnmng? Is~tafter 10007 Lsnnot~allysomothlng 14 so your choices are hold thts over for a couple of weeks 14 that's oriented to the no~ghborhaod c~ is a just somebody 15 and let me bnng it back and we can have that information, 15 coming -- 16 suspend the meetang right now and let Ed go and try to 16 MR MORE~O I was under ~ unprcssson that 17 find that out, or maybe there's not a condition about 17 he was tellong about thc S-¢urv~ m front of h~s house 18 alcohol sales and it's not an issue 18 MS OOU~DtP~ ~ m just sayuag Is that are we 19 MR SNYDER Or you can put the condition on 19 really - 20 your motion, since flus is a recommendation anyway, and 20 ~,m MOP~NO so I don't know 21 between now and when it gets to Council, I'll have that 21 MS OOVROm. ~S st somc'&ang that's 22 answer 22 actually happening due to hquor sa~s from Piggly Wiggly 23 MR MCNEILL Comnussmuer Apple has a 23 or Is It actually something that s happcmng due m just 24 question 24 people eormng home from - coaung home from their evanmg 25 MS APPLE well, If I were to make a motion 25 out or whatever? I'm just curious as to why we're Page 82 Page 84 ] tOnl~a~, my motion would be to deny approval based on the 1 pinpointing certain things In a m~ghborhood that nught 2 fectofsomethmgthatIhawaoonc~mabout Most 2 not evan be the problem te - what's happcnlng is unt the 3 SUCCeSSful convcnlour,8 stores ar~ located on th~ comer of 3 problem 4 two heavily trav~cd roads I ttank that's one reason why 4 Thc other thing is that I'm hawng a real hard 5 Howdy Dowdy ss no longer m business at that location 5 t~me defining tho alcohol sales when we have no problem 6 And flus ss a -- one of the reasons that Ma' 6 hawng alcohol sales m other people's neighborhoods just 7 Plangman men~oned people want convemence stores so they 7 because it's In a so-called bed and I~reakfast or a 8 canzipm, grabaooke, undzipout Well, yoaoan'tzip 8 so called restaurant or whatever We put aloohul sales 9 m off of Sherman Dave Sometimes, you know, you're ten 9 there without any problem I th,ntt rm hawng a hard time l0 devp just h~ymg to get to Plsgly Waggly to shop And so 10 unders~anthng why we're defimn8 ~t'tl~s way as something 11 for my purposes, I think that's a poor location for a 11 bad because there's ages s~atmn attached to st versus 12 cuavemEnc~ store JUSt for tho mgress/~gress 12 bedrooms 13 MR MCNEILL Comnussioner Moreno 13 And soldon't understand~oI'mhavmg a hard J 4 MiL MORENO v~h, JUSt a comment, tf I may 14 time here because right nest door, ~ could put a 15 I flunk Coranusstoncr Holt stmmla~z~d things V~y well 15 convenience mart sn tomorrow 'I~ could actually go buy 16 ~arher My f~hag is that a convnmence store that 16 that p~ece of property next door and put ttm They 17 allows alcohol sales at ~x~nd~d hours at ttus location is 17 could have bright hghts until I 00, 2~0 m th~ morning 18 lncompa~ble vath the church n~xt door, the day care 18 and the neighbor acmss the streel wonld have no controls 19 across the sl~t, and pnvai~ resid~nces across the 19 whatsoever And that's what I'm confus~ over 20 street 20 I agree, I ttunk the ne~ghlx~hood needs to be 21 So I'm going to have aresl difficult tane 21 protected but I tlenk tf we take ties m~w by thc horns, we 22 voting for th~s convemoocE store anless ~t prohibits tl~ 22 can protect a as best as we can beca~sc thc next guy 23 sale of aIcohul, beer and wine today and what~wr else may 23 corian8 m m~ght not b~ so gracious So I w~ll not, 24 come m th~ futura Also, another condit~on would b~ to 24 y'alI vote to deny ttus, I wll vote %~--st that just 25 lmut the hours of operation Even the hour of 10 00 at 25 because I tl~nk it's not -- st's just n~t what I tl~nk is TI~ PLANNING AND ZONING COMMISSION MARCH 28, 2001 Page 81 - Page 84 26. CondcnscltTM Page 85 Page 87 1 tho proper thing to do for that neighborhood, but that's I a place for thc pohcc lo park m give us twkats for 2 how I teal if that motion went through 2 speeding Wc sped down Sherman Dave 3 MR MCNEILL Commissioner Holt 3 Nobody is driving slow enough to even turn to 4 MS HOLT well, Just in answering your 4 go to a convenience stere And the people who go to a 5 question about the alcohol sales in that area, that area 5 conveoamc¢ store m our nelghborhood walk across 6 right them, I mean, there's a day care canter, tharc ts a 6 Umvc~lty ~o 7-11 7 httlc snow cone stand where lads nde then' b~kes all 7 ~ ~Ch~LL A~ yOU through? 8 year long -- I mean, all summer and spring It is a very 8 ~ WILLIAMS y~ 9 used area and there's no other plaea to buy alcohol except 9 ~.. MC~EILL okay I believe counsel has a 10 in the Piggly Wiggly 10 conuuant 11 So you have to make a concerted effort to go 11 ~ SNYDEK Yeah On further thmlang this 12 in there, get your cart, stand in the line, get your 12 thing through, the thought occurred te me that if, let s 13 drink, come out, and go home with it Whereas, m a 13 say, flus Commission made a motion to approve this with an 14 dave-m, dave-out, you go m, you get your beer in a 14 alcohohc beverage condition on there and, let's say, It 15 sack, and you can drink it on your way out 15 went forward to City Council and my research disclosed 16 MS OOURDIE They're changmg that law That 16 that that was not an cnfurceable condmua Itverywell 17 law Is changing 17 could be that the Commissioners would have voted 18 MS HOLT Well, you know, hopefully they are 18 d~fferently They would have voted, perhaps, made another 19 But, anyway, it's just the area There's so httle 19 motion te deny, for example 20 anything in that area right now except the church, the day 20 And that type of motion would have earned 21 care They're all fanuly/ctuld oriented things 21 mush d~ffercm weight to the Council than just a motion to 22 MS GOURDIE I understand but I see that m 22 approve w~th a centht~en And I think you know that your 23 every neighborhood 23 motion to deny would rerlU~re a super-majority vote by the 24 MS HOLT I'm Just telling you You were 24 Council 25 asking about that and that was just my answer 25 So oo further thinking about it and I talked Page 86 Page 88 I MR MCNEILL commissioner Rlsbel I to the Planning Ducctor about it, you probably need to 2 MR RISHEL Maybe I'm confused but I 2 know thai ma'over before you make a motion, vote on it If 3 generally see, and as I say, maybe I need clarification, 3 that's an mapartant Issue to you, either give n~ some time 4 that the peopl~ that would frequent the convenience store 4 to research it tonight er postpone it until your next $ would be tho exact same peoplo that are nc:ghburhood $ meeting so I can get you that answer, if that's your 6 people in that same area that already frequent tho P~ggly 6 dlrectlon 7 Wiggly Because as I say, maybe -- they're not'/ I mean, 7 ~. MCIqEILL Comnllggloners, why don't we rake 8 I'm gcftlng shakc, s of heads that people flunk that they're 8 a break and Ic~ counsel look at flus issue and enme back 9 going to drive three quarters of the way across town and 9 and address thc issue with us about the enforceability or 10 go to thc convenience stem and they wouldn't go to the 10 non enforceab~ty of - 11 Piggly Wiggly Okay Mayb~ I'm confused 11 ~,m. SNYOFAL And, hopefully, I can get an 12 MS ~a'PLB. ~t's different chentele 12 answer in ten nunutes 13 ~ M{~qEILL. com. lursslofler Apple 13 },IR. MC~q~ILL. well, we'll take a -- lt*S 8 05 14 Ma APPLE Thst'S okay 14 Why dua't v~ shoot fer getting back here at 8 20, g~ve you '15 MR MCNEILL commissioner Wllhsms 15 15 rmnutes 16 MR WILLIAMS Idon't thmkll~penplewho 16 (BRE. AKTAKE~) 17 hve on the other side of town know what Sherman Drive is 17 },m. ~,~{LL. I will reconvene the Planning 18 Sherman Drive is a thoroughfare where penple are going 18 and Zoning Cmmmssien for the meeting of the 28th of March 19 home or to the lako or semeplace Tbey're not -- or to 19 and we'm still on Agenda Itcm No 8, those.called 20 Piggly Wiggly They're not going to -- in other words, 20 Shell station on Sherman Dave And I behave counsel has 21 when people go to - those are not even convenience store 21 some commenls he'd hke to make at this point 22 shoppers We buy gas at Wal-Mart You have to anderstand 22 Ml~ S~'YDF. R. I have had an opportunity te look 23 thc neighborhood And my concern la that we're going to 23 at thc Alcoholm Beverage Code In Texas, thc Aleohohc 24 have another Howdy Dowdy or Howdy Doody or whatever, over 24 Beverage C. ade has a general provision that basically says 25 there because If you ge on Sherman Dave, there's not even 25 that unless oll~rvase specifically provided by thc terms THE PLANNING AND ZONING COMMISSION MARCH 28, 2001 Page 85 - Page 88 Cond~nscltTM Page 89 Page 91 I of this Code, the manufacture, sale, distribution, 1 and gasohne sales to be permitted on this site 2 transportation, and possession of alcohohc beverages 2 MR WILLIAMS Did you say automobile sales9 3 shall be governed exclusively by the provisions of this 3 'MS HUDSON I'm son3,, automobile repair 4 Code 4 MR MCNEILL Automobile repair 5 This has helped refresh my memory Years ago, 5 MS HUDSON Repair and gasoline sales so that 6 there used to be a provision tn thc Alcoholic Beverage 6 the uses that are existing are now conforming 7 Code that had a specific exceptmn for zoning Back in 7 MR MCNEILL commissioner Apple 8 1987, they changed that up drematzcally and it's -- 8 MS APPLE I think that's an excellent idea 9 although it's a very difficult provision to read and 9 and had that been provided, but the alternatives provided 10 understand, I believe that basically what it says is that 10 by staff did not give us that option Just -- one of the 11 In your zoning process, you can't thsermunate agmnst a 11 alternatives was to recommend denial So I appreciate you 12 use because it has, it sells alcoholic beverages And 12 letting us know that at this point because that would be 13 there's some exceptions in there for sexually-oriented 13 my desire, also 14 businesses and some other types of businesses 14 MR MCNEILL SO you're modifying your motion9 15 So I think based on this, it's Section 109 57 15 MS APPLE I would very much like to and that 16 of the Aleohohc Beverage Code, I think it's been 16 would solve the problem of them being a non-conforming 17 mterpreted to mean that, for example, In the context of a 17 use '18 restaurant, you can't treat a restaurant different, the 18 MR MCNEILL IS that correct, staff? 19 restaurant that sellsaleohohcbeveragclsdifferent from 19 MR REICHHART If they follow thraugh with a 20 a restaurant that doesn't And there's an exception m 20 detailed plan 21 there that tf an estabhshinant derives 75 percent or more 21 MR WILLIAMS 1 still second the motion 22 of the establishment's gross revenue from the on-prermses 22 MR MCNEILL That was my next question 23 sale of alcohohc beverages, and then there's an Aa 23 Thank you Cormmssiooer Gourdie 24 opinion that says that that -- when they say on-prermses 24 MS GOURDIE HOW does that affect the future 25 sale, they're talkang about consumption on-prermses, not 25 of this property? Page 90 Page 92 i what we're talkmg about here tonight 1 MS HUDSON From a zoning standpoint, it will 2 I would hke, to be honest with you, I would 2 allow them to keep the uses that they have right now The 3 like the opportunity to talk to the attorneys at the ABC 3 opportomty ~o expand and go into a different use is 4 Alcoholic Beverage Comnusslon, just to confu'm that this 4 restricted And I'm sure the apphcant can speak much 5 interpretation is correct But If I'm reading this 5 more exhaustively about the subject as opposed to the 6 correctly, I think this says the opposite of what I smd 6 mapact to any proposed businesses on the site 7 earlier, and that is that the State law may prechide us by 7 Ms C, OUROm oh, I'm not concerned about 8 zomng ordmance from regulating the location of the sale 8 that I'm mom concerned about a year down the road we 9 of alcoholic beverages That's different from the 9 decide that this is a non-conformln8 use, even though they I 0 Alcoholic Beverage Code lO can use it but it's not la>gang correctly, and we force 11 But, you know, to be sure, I would like to 11 them into updating the building by screening thor bays 12 confer with the attorneys at the Alcahohc Beverage 12 and so farth and so on Are we going te affect that 13 Corramsslon, which means I can't do that ton~ht 13 property in this way? 14 MR MCNEILL Conumsstoner Apple 14 MS HUDSON It IS my understanding that if 15 MS APPLE I appreciate counsel's request but ! 5 you give it the zoning that it needs to be confomung, 16 I'd hke to go ab. cad and attempt a motion 16 which would be a planned development for automobile repair 17 MR MCNEILL All right You have the floor 17 and gasoline sales, that only under the site plan that 18 MS APPLE l'd like to move to deny approval 18 would be coming back would you have tho opportunity ta 19 of ZP 01 0002 19 look at screcnlng the bays and those sorts of thangs 20 MR WlLLIAIvlS I'll second 20 MS OOURDIE will ho have to do a, though? 21 MR MCNEILL MS Hudson, are you ~- 21 MS HUDSON Yes, if ho wants to go forward 22 MS HUDSON Rather than the motion to deny 22 with the case He can always w~thdraw it at any t~me 23 because that will put the exlstmg facthtles back into 23 MS OOURDIE Thank you 24 the Smgle-Fanuly zomng classfficatlon, I would hke to 24 M~ REICHHART I JUSt want to expand on that 25 recommend that a motion be made for the automobile sales Z5 a httle bit THE PLANNING AND ZONING COMMISSION MARCH 28, 2001 Page 89 - Page 92 28 CondenseItTM Page 93 Page 95 I MR MCNEILL Go ahead 1 MS [mDSON mght What the condl~on 2 MR REICHHART If the proposed zoning 2 ~mphed Ln that statement Is that the uses are severely 3 category for that site follows through that woro shown on 3 restricted to only what ~s there right now It does not 4 the proposP~l zorllng rasp now, the -- e~ though if the 4 allow nnyt~ng else 5 apphcant went forward and got the -- went through with $ Ma SI,~YDPA~ well, we just found another 6 this and gbt a detmled plan before that was adopted so 6 problem wth that Mr Reichhart just pointed out we were 7 that the gas station/service station were legal, the new 7 advertised for a convenience store and gas, not for 8 zoning category would make them non-cenforrmng again 8 automobile r~pair so we've got a nonce problem with that 9 because ~t would not allow for the gasohne soles 9 motion The pubhc not, ce said cunvemence stere 10 MS GOURDIE So what we're really doing ts 10 MS APPL~ I gUesS at th~s point I would be 11 evantually -- 11 tempted te 8o back te my onl0nul mot:on then because it 12 MR MCNEILL JUSt a roll, ute Conumssloner 12 sounds hko, from what Mr Reichhar~ also sa~d, wes even 13 Moreno is next 13 allowing for that then m tho new - if tho new Code were 14 MS GOURDIE oh, I'm sorry 14 to be implemented, It would then be non conforming again 15 MR MCNBILL yeah Comlmssloner Morono 15 which would render that null and void anyway 16 MR MOP, ENO I'm sony Let's go ahead and 16 So ~t seems hke my first motion, ~f that's 17 continue the thscusslon before I make my comment, Ms 17 appropriate, I'll just st:ck with my original motion te 18 Gourd~e 18 deny And that way they can cunt:nun as a non-confomung 19 MS GOURDII~ Goahead lwascalladdown 19 uso and I'm not -- th~ alcohahc beverages, though it's a 20 MR MCNBILL Okay Youjustwerenextm 20 part of ~t, ~s not the sole reasen why l would be domg 21 line 21 this anyway Part of ~t is the locat:on and the 22 MR MORENO IjustwantedMs. (}oRrdleto 22 mgress/egressasIspokeaboutenrher So, onceagam 23 complete her thought, if that's okay 23 I will just make a motion te deny 24 MR MCNEILL Okay Go ahead. 24 MR. MCNI~ILL commissioner Wllhams 25 MS GOURDIE I'm SOiTy ! don"t have it 25 MR WILLIAMS I St:il second Page 94 Page 96 I anymore It was disrupted I MR MCNEILL SO We have a motion te deny the 2 MR. MCNEILL okay 2 request for rezenmg this property tea PD And we have a 3 MR MORI~O well, just as a corn~t I'm 3 second Is there any d~scusslon? Any more d~scusslon~ 4 inclined to both to recommend denial hke Comnnss~oner 4 Comimssloner R~shel 5 Apple has suggested or moved, but m ~nkm8 through 5 MR alsltec Yeah I w~ll not vote te deny 6 that, I sift1 would hke for our counseA te jus~ land of 6 tins I think that we have what ~s a viable business that 7 double-check w~th the people at the Alcohohc Ben'~aSe 7 would hke te conUnue operat:ng m some shape and form 8 Comunssien or whatever ~t's called these days So on that 8 and I think ~t's just a matter of couching tl~ mot:on m 9 basis, I would vote against ~e mot:on as ~t s now stated 9 the right manner te make sure that the ne~ghborhend and l0 M~ MCNEILL comlxussloner l~ 10 the businesses can co-ox~st 11 MR RISHEL~ I'm not SU~ I know how tho I 1 MR MCNEILL Conlmlssioa~r Wllllaros 12 motionlsStated I'dL~kotebenrthemot:onagamsoI 12 MRWILL[AMS Yes Well, Iwouldhope 13 could und0rstand ~t It sounded hke her ~,~ndment was no 13 ~vcrybedy would vote their conscience rath~ than what thc 14 longer a n~gut:ve, ~t was a posit:ye And so I'mjust 14 City Councd has te do because I den't think we wore 15 ~y~ng to -~ would you mind rostalmg the mot:on for mo? 15 appointed to worry about that 16 For allof us maybe Thank you 16 Secondly, I thiok we are reshmng some of the 17 MS I-IUI~ON The sugg~s~aon that I had ~vec 17 problems that the now Development Code ~s bringing te us 18 te Comnu~slOUor Applo was that thn ~aslmg us~s of the 18 end I tluok the proper forum for denhng wth that now 19 automobile ropalr and tl~ gasohno sales b~ approved 19 D~velopment Code problems Is when we look at the 20 MR RIaHEL That sounds poslt~vn to m~ It's :20 Development Code and when we start loolang at Code words 21 not a dental 21 such as mixed that doesn't mean mixed And mixed is what 22 MS HUDSON That's correct 22 I hke m other things and -- wluch ~s not the smar~ 23 MR. RISHEL we're not senthng ~t fro'th Io 23 growth senunar that I at~onded So - and since I 24 City CounV, ll as a denial wl~ch would p~qlm'o a lwo thirds 24 seconded, you know, I will b~ voting against it because 25 majority to ovemde 25 I'm looking at this more as an urban bhght tSStle and I THE PLANNING AND ZONING COMMISSION EL~RCH 28, 2001 Page 93 - Page 96 29 CondenseltTM Page 97 Page 99 thnk as planners we have to look at what our -- what tho MS OOURm~. NO 2 deelslons ~ v~ make tomght will have 20, 30, 50 years 2 MR ~tS~£L NO, It'S not 3 from tomghL 3 MR MCNEILL what do~s that mean, legal? 4 MIL MCNEILL commissioner Apple 4 Ma SNYDER NO, that's Just the motion -- thc 5 MS APPLI~ I jast wanted to clarify again 5 motion to deny failed, did not pass So you need another 6 that I'm certainly not trying to limit tho current uses 6 motion 7 I'm in favor of how they've been in existouco for the last 7 MR MCNEILL colnlalSsloner (}Oul'dle 8 30years So ljust wantlxl to mako that clear Thoonly 8 MS OOURDIn idhketomakeamotionto 9 reason that I withdrew the addition that Ms Hudson 9 postpone this zP el 002 until our next meeting which is 10 reconunended was because Mr Reichhert said It would be 10 April 1 lth so that counsel can research tho alcohol 11 rendenxl moot down the road anyway But I would certainly 11 information with the TABC attorneys 12 -- it's my understanding that they would continue on m 12 Ma MOP, ENO second 13 the use that they am cun~ntly doing as non-conforming 13 MR MCNI~ILL MOtion has been made and 14 and, unless at such time as someone came and protested 14 seconded to delay the meeting - the motion, not the 15 that use, wluch then that would b~ dealt with at that 15 motion -- the item until our next meeting Any 16 time 16 discussion? Any discussion? Vote on the board, please 17 MiL MCNEILL commissioner Oourdle 17 Motion passes 6 1 18 Ma OOURDIE. I Will not be vonng for this 18 (COMMIS,~[ONER APPLE VOTES IN OPPOSITION ) 19 mot~onformanyofthereasonsthatI'vealreadystated 19 MR. MCNEILL Allnght Tha next ~tom on our 20 esther And I'm also a httle sorry for this 8entleamn 20 Agenda is Item 9, hold a public haanng and consider 21 that ma)bo he wants to make a httle bit mom money than 21 recommending approval to City Council a zoning request 22 he's used to making at a two pump gas station which is 22 from General Re, ad ~- excuse me Commissioner Apple 23 competing against fifll largos stat:oas around tins area 23 MS APPL~ I m sorry I just wanted to 24 And ff wn am plaanmg for stuff 20 years down 24 comment real quickly on why I voted no, because m my unnd 25 the road and we call Sherman Dave a major mad, wn have 25 what he finds out about tho selhng beer and vane won't Page 98 Page 100 I to consider that most of those homos aren't going to be I really make any difference because the gentleman has 2 existing m 20 years, that it's going to bo general retail 2 already satd that it's a moot point somewhat if they can't 3 and other things happening there So I think what wa're 3 sell beer and wine so then we're right back where we were 4 really doing as zoning for the moment and I find that 4 I just wanted to clarify -- 5 disappomUng because we ar~ not fern thmlang 5 MR RISHEL Point of order 6 MR. MCa, mILL. IWaS surprised, and I d~dn't 6 MR MCNEILL In what respect9 7 have tlm que~aen answered specifically, but when tlus 7 MR RI~iHEL I flunk the discussion was closed 8 case first came up, I was thinking about th~ Sboll station 8 when we ended the vote 9 down on Teasley and 1-35 and that Shall station is an open 9 MS APPLE I Call clarify my vote 10 bay much ~ this ano and they sell beer there And I 10 MR MCNEILL Can you give us an opinion on 11 just ~thzed that tlas staUon currently doesn't sell 11 that? 12 beer the~ so th~s would be a n~v addition to the 12 MR SNYDER l'd have to look at your rules 13 no:ghbmtlood if they added the hoes' and the wine to it, 13 To be honest with you, I don't remember what your roles 14 wluch means they could only do that under a convemence 14 say on that Give me a moment 15 stereoponmon SoI'msullperploxedbut' allnght 15 MR MCNEILL okay Ms Apple, doyouhave 16 Any additional comments or queatlans? Are you 16 additional comments9 17 ready to vot~? Sol6'$makesorowhatwe'rovot;ngoo 17 MS APPLE NO Thankyou 18 If we voto m the aff'Lrmativo hare, wn're voting to deny 18 MR MCNEILL okay Ournextltemlsltem 19 the planned development wluch would include a convenience 19 9, as I stated, and I believe Ms Hudson ts going to 20 stor~ A vo~ for it will do that, all right? So vota on 20 bnng the pubhe report on that 21 theboard, pleaee Mottonfafls3-4 21 MS HUDSON Yes Thankyou AsIwas 22 (CO~IMISSIONERS MCr, mILL ataHEt,, OOUItOIE AND 22 looking through what has actually ended up m your staff 23 ~dOlU~O vo?no IN oPPOSrrlON) 23 report, I realized that you ate mtssmg a psgo 24 ~n. ~oam~o Is that the sum~ as a motion to 24 Fortunately, they're pictures of the same property only 25 recom,~',~,l? 25 from a chfferent angle, so it's not that mu_eh of a rmss THE PLANNING AND ZONING COMMISSION 3M~R0 CH 28, 2001 Page 97 - Page 100 CondcnscltTM Page 7 ast answer any questions that you have I didn't mean to cut you off I just had my light on MCNEILL commissioners, do 2 whenever you finish 3 MR MCNEILL Okay Do you want staff to back 4 up'~ 5 MR WILLIAMS Yes, please 6 MR MCNEILL okay 7 MS HUDSON Yes, sir 8 MR WILLIAMS Okay On the Comprehensne 9 Plan analysis, okay, the last sentence states the site 10 would be in partial conformance with the draft zomng map 11 designation of Denton, residential rmxed-use, wluch allows 12 you a convenience store but no gas sales I guess 1 have 13 a problem with that partial, because to me compliance Is a 14 100 percent thing You can't be -- if you're not tn 15 compliance, you're just not m compliance I mean, that's I The next ttern on our Agenda are items for 16 the way I see it Is there any -~ could you give me x~ hy individual consldera~on and Item No 5 is consider 17 flus was written In partial compliance? 18 recommending approval to the City Council the zoning 18 MS HUDSON The reason why I wrote that 19 plan/concept plan for Sherman Shell, rezonmg from a 19 was m partial compliance is because I recognize that 20 Smgle-Fan'uly zoning dlstrlct to a Planned Development 20 there are various shades of gray in the planning 21 zoning district And I believe Ms Hudson w~ll again 21 profasston and this fails into one of those It's in 22 bring us the staff report 22 between black and white 23 MS HUDSON Thank you Although your public 23 MR MCNEILL Mi' Reichhart 24 beanng Is closed tonight, we did receive one other letter 24 MR REICHHART with the proposed zoning for 25 this evening prior to the meeting so I brought it for your 25 that site, a convenmnce store would be allowed by n~t Page 6 Page 8 I consideration What we're looking at tonight ts the gas 1 but the gas pumps would not So there's where the 2 station on -- what we're calling the Sherman Shell site 2 partial 3 ~fhey are requastmg a PD for a convenience store with 3 MR WILLIAMS But the plan Is askdng for a 4 gasoline sales They are going to be takang the existing 4 gas station 5 building and redeveloping tt to match those uses I don't 5 MR REICHHART And a convenience store It 6 know that I have any other questions at th~s tune given 6 Is an extstmg gas station so they're asking for the 7 the previous public hearings so I'1I be available to 7 convenience store 8 answer any other questions 8 MR WILLIAMS NO, we're not talkdng about 9 MR MCNEILL Excuse me Commtssloner 9 what's there, because we're not here to d~scuss what's 10 Williams I0 there We're here to discuss the rezonmg of what's 11 MR WILLIAMS Yes Does this one letter have 11 proposed So I guess -- and so -- and my questmn 12 any effect on the 20 percent? 12 basmally, is it re compliance as it's presented to us to 13 MS ItUDqON No, sir The property ls, I 13 vote on tomght? 14 believe, more than 500 feet away to the east 14 MS HUDSON It would be If you approved just 15 MR WILLIAMS Thank you 15 a convenience store 16 MR MCNEILL Additional questions for staff? 16 MR WILLIAMS But that's not what they're 17 Thank you very much So the public heanng was closed at 17 asking for 18 the last raeetmg so at flus pomt we will bear any 18 MS HUDSON Tbey'reaskmg for hoth parts 19 discussion that the Comnusslon has on flus zoning 19 MR REICHHART If you -- if a partial 20 plan/concept plan Does anybody have any discussion? Sc 20 compliance means it's not m comphance -- I mean, ff it's 2i what we're dealing with here ts a proposal to bring flus 21 either it is or It isn't, It wouldn't be 22 existing service station into confornung zomng since It'S 22 MR WILLIAMS Thank you 23 out of compliance as a Smgle-Farmly -- SF ? is what it's 23 MR MCNEILL comm~ssioner Gourrhe 24 currently zoned Commissioner Williams 24 MS GOURDIE They are permitted a convenience 25 MR WILLIAMS I had a question for staff I 25 store by right, is that what I heard9 PLANNING & ZONING COMMISSIONER APRIL 11, 2001 Page 5 - Page 8 31 CondenseItTM Page 3 I P R O C E E D I lq O S I Is going to bring the staff report on that 2 MR MCNEILL April 11, 2001 C~ty of Denton 2 MS HUDSON Thank you very much, ladles and 3 Planning and Zoning Comnnss~on will crone to order There 3 gentlemen of the Commission The plats that you're 4 Is a quorum pre. sent and I wdl make the announcement that 4 looking at tonight am the prehminary and final plat of 5 tbe April 11, 2001 mo~tmg vail go mto a closed moating :5 tbe Sharman Shall Add,trna Tha final plat leaks almost 6 pursuant to Texas Government Code, Seetmn 551 071 Tune 6 exactly the same w~thant the bmkhng shown on it Based 7 of the meetang is 6 02, so we wdI be adjourning to the 7 on your recommendatmn, C~ty Council did approve a partml 8 work room 8 variance of this site to where they ~hd dedicate ~ght 9 (Convened m closed session ) 9 fcet of right-of-way Tho e~ght feet of right of-way ~s 10 MR MCNEILL I H reconven¢ th~ Planning and 10 shown on both thc preliminary and the final plats and at 11 Zoning Commission and the tune is 6 39 At tlas tune, the 11 th~s Ume dces meet the requirements as set forth by the 12 first item on our Agenda ~s consider approval of the 12 DRC 13 .mmutes of the meeting of March the 14~h, 2001 13 MR MCNEILL commissioners, do you have 14 MR WILLIAMS MI~ Chmrman, I move that on 14 questions for staff7 15 the Consent Agenda -- am I too fast? 15 Ma WILLIAMS '/es And this supposedly ~s in 16 MR MC~qEILL. Yes, he haven't done Item 1 16 compliance with the Denton Plan? 17 yet, the nuantes of the -- 17 MS HUDSON It is my understanding that land 18 MR WILLIAMS okay 18 subd~wsion is a function that is not necessarily 19 MR MC'NEILL So I'm waiting for -- w~'re - 19 regulated by the Denton Plan, that it is a legal function 20 I'm waiting for a motion to approve the nnant~ of March 20 separate from that 21 the 14th 21 MR WILLIAMS okay IJustnot~cedtlas 22 MS APPLE $o moved 22 within the minutes, the last sentence 23 MIL RISHEL Second 23 MR MCNEILL YO~I mean ~n the backup materml? 24 MR MCNEILL It'S been move[ to second~i that 24 MR WILLIAMS Yes 25 we approve the nanutes of March 14th, 2001 A~y 25 MI~ MCNEILL okay Page 2 Page 4 I objection? Vote on the board, please Morton passes 7-0 I MP, WILLIAMS And that's why I asked the 2 The next ttem on our Agenda ~s the Consent 2 questmn because it's not needed If it wouldn't have 3 Agenda and Comm~smoners have had the opportunity to 3 been here, I wouldn't have had the question to ask 4 review w~th staff any questions they have So at tlus 4 MS HUDSON Platting of the property almost 5 point, unless there are other comments, I'd entertmn a 5 always falls rote the compliance with the Denton Plan 6 motion to approve the Consent Agenda 6 The land use, I tlunk, is the questmn that is up for 7 MR WILLIAMS Mr Chmrman 7 debate at a later time 8 MR MCNEILL Yes, sir 8 MR WILLIAMS okay Thank you 9 MR WILLIAMS I move that we pull Item 1 and 9 MR MCNEILL Are there other questions for 10 2 from the Consent Agenda 10 staff? Other questmns for staff? Thank you Is there a 11 Mil MCNEILL DO you mean 2 and 3? 11 motion then for Agenda Item 2, the preltmmary plat of 12 MR WILLIAMS 2 and 3, yes 12 the Shell statton? 13 MR MCNEILL okay Is thfic-i~ n morton to 13 MS GOURDIE I move to recommend approval or 14 approve the remaining ltems'~ Conmnssioner Gourdie 14 to consider approval of the prehmmary plat, No 2 on 15 MS GOURDIE I move to approve Item No 4 15 the Consent Agenda 16 on the Consent Agenda 16 MR RISHEL Second 17 MS HOLT second 17 MR MCNEILL It's been moved and seconded 18 MR MCNEILL It'S been moved and seconded 18 Any discussion on the motion? Vote on the board, please 19 that we approve the Item 4 on the Consent Agenda Any 19 Motion passes 7-0 20 discussion? Vote on the board, please Motion passes 20 The next item on our Agenda then is to 21 7-0 21 consider approval of the final plat of the Shell station 22 So at tins pmnt then, legal, we would then 22 and I behave Ms Hudson will bnng us a report on that 23 take up Items 2 and 3 Is that correct9 Yes So we 23 MS HUDSON Thank you The comments that I 24 will take up Item 2, consider approval of prelmunary 24 would make regarding the fmal plat are almost ~dentical 25 plat to the Sherman Shell Adchtlon I beheve Ms Hudson 25 to the ones that I'll make of the prelmunary plat, so PLANNING & ZONING COMMISSIONER APRIL 113~2001 Page 1 - Page 4 CondensoItTM Page 9 Page 11 I MS HUDSON under the new Zoning Code 1 of compliance? 2 MS GOURDIE under the new zoning -- so they 2 MS HODSON It would still be non-conforming 3 could p~ty much demolish this and get a convemenco 3 That is corcect 4 store vath or without us saying yeah or nay If the new 4 Ma MCNEILL okay Thank you ethic 5 plan goes through as it's been presented? 5 questions for staff? Thank you voq, much Commissioners 6 MS HUDSON Yes 6 what's your pleasure? Commissioner Gourdie 7 MS GOURDIE okay So the argument about the 7 MS OOURDI~ I d like to nmke a motion, 8 convenience store ts pretty much almost a moot point 8 please I move to recommend approval of zP el 0002 w~th 9 It's the gasoline sales that we are really -- controversy 9 the following cuntht;ons any now hghtlng on the 10 o',er 10 property should be designed and maintained so as to not 11 MS HUDSON That is -- one of the things that 11 shine on or otherwise disturb the surrounding residential 12 WLII help ensure that retail uses are in that location m 12 properhes or to shine and project upward to prevent the 13 the new Zomng Code is that some sort of retail uses are 13 diffusion rote the mght sky all new slgns must meat the 14 approved prior to tt taking effect 14 sign ordinance, and the hours of operation vail be between 15 MS COUP, DIE okay Also, underthese 15 600am andl000pm 16 conditions, there were hours of operation that he had 16 Ma R[$HEL Second 17 agreed to, Is that correct? 17 MR MCNEILL commissioner Wdhams has a 18 MS HUDSON' He had agreed to a general 18 quesOon now 19 tuneframe that it would open up early m the morning and 19 Ma WlLLtAMS NO, I Just have a comment 20 end late at night, but he d~d not specify specific tmles 20 Ma MC~,~ILL well, it's Ume for discussion 21 MIL REICHHART He had mentioned being m 21 The motion has bean made and It's on the tibia so If yun 22 operation from 6 00 a m to 10 00 p m, I believe 22 have comments, now is the time to make thom 23 MS COURDIE Thank you 23 Ma WiLt,tAMS YeS Okay Last Thursday 24 MR MCNEILL I have a question then In the 24 mormng I had an oppormmty to dave Shermun Dave and I 25 staff backup material under the Comprehensive Plan 25 looked at Sherman Dave very, very closely And I have Page 10 Page 12! 1 analysxs, tie only stateanont that's - the last two I some concerns about the proposed desiguntaon of mixed use 2 statements m that paragraph are the only ones -- the next 2 because when after you pass Windsor, you can't put 3 to thc last one is the only one that we can really deal 3 anything on Shexman Dave because you have very, very 4 vath because the now Development Code has not been passed 4 narrow strips where there are no houses on Sherman Drive, 5 MS :-IUDSON That's correct 5 just narrow strips and there's not oven anythmg facing 6 MIL MC!qEILL YOUr eommeat is, in terms of 6 Sherman Drive And I will be voicing - when we get to 7 that is if it V/~T~ passed in its present form, it would 7 this, I will be voicing my concern 8 not be m eomphanoe? 8 Also, I have a concern that we discuss all 9 MS HUOSON That's correct 9 these PD s, all these non-conforming tkungs as we're 10 MP~ MCNEILL Then I want to back up to your i0 trying to hamer out and be fair to people, and at this 11 next to last statomeat thee, it says the proposed 11 point st's gemg to be pretty hard for me to vote far uny 12 de~elopmeat would be paraally in conformance with the 12 i,D until ! can get some sense of where we're going with 13 Deaton Plan What is tt could you explain why it's 13 the now zoning And I will be voting agelnst this motion 14 pamally in conformance ,ruth tho Plan? 14 at this time 15 MS HUDSON under the Denton Plan, it is in 15 MR MCNEILL commissioner Moreno 16 an exlsung en~ghborhood, refill compatabdl~ 16 MR MORENO Mr Chairman, I do have a 17 des~gna~on That does allow for retail uses in some of 17 question The Cracker Barrel convenience store on the 18 the &Strlcts 18 corner of North Bell and Coronado, how is it zoned? 19 MI~MCNEILL okay Does retail include 19 MR MCNEILL staff, can you answer that? 20 gasoline? 20 MR REICHHART [ believe it's a PD 21 MS HUDSON NO, It does not That falls 21 MR, MORENO YOU lhink It's a PD And on that 22 under the qmck velaele sen, icing which it typically is 22 site, they do not have gesohne sales is my recolleat~on 23 found in other deslgunttons 23 Ma REICHHART oasohun sales is not allowed 24 MR. MCNE[LL 80 under the Compreheos~vc Plan, 24 per tho PD They do not 25 the fact that thoy're selhng gasohne would put them out 25 MRMORENO Theydonot Okay Thanks PLANNING & ZONING COMMISSIONER APRIL 11, 2001 Page 9 - Page 12 33 CondenscltTM Page 13 I Ma MO~ILL okay Other questions or 6, hold a public hearing and 2 comments? Comnusslon~ G'ourd~e 3 MS OOURDIE Thank you I made thc motion 4 for flus piece of property being that, one, it's an 6 store will be allowed anyway when thc Denton Development 8 brought to us from the no~ghborhced last meeting is pretty 9 much n moot point because we can put one them anyway 10 Now, the concern ns the gas sales and I sea that's alrcady 11 a service to thc nc~ghburhood So we're really, m my 12 nund, not defimng it any differently and I also sea that 13 this fits m fine with thc n~ghborhcod and the use of 14 Shaman Drive You have a Piggly Wiggly and other uses 15 there This will be a neighborhood convemenee and I find 16 that a totally Is compatabla with what Is happening 17 already in that area ]8 MR. MCN~ILL Ccomusslener Apple 20 I hate to vote for something based on that it will be that kind of -- 21 computable vath a plan that is unt y~ approved Andif 22 that tune comes, then I'll flunk about that then I also, 23 as I expressed the last tun~ we considered flus case, I purposes And it will have access 24 have some concerns about the convcmenee of getong in and It will have direct access to the golf 25 out of this location on that partacular road 25 courses It will have access off of Robson Ranch Road, a Page 14 I Ma MCI, ruraL Other comments? We do have one well, but these accessways are mostly for dehvcry 2 card and I'll just mention that the~ was one card, and , that 3 we'd closed the pubhc heanng, but Mr Platt had unshed But, otherwise, it's au allowed use 4 to speak on that but the pubhc hcanng is closed so I'll ~r PD 173 and 5 just mentaon that be would have spoken In opposlaon to 5 6 it And then we have this latter in which two folks 6 MCNEILL 1 have 7 submatted a request that t~ wanted to vote no against 7 for staff? you very 8 it So we've had thr~ written documents against the 8 much 9 proposal 9 open the ~ that the 10 Any adtht~oaal comments or discussion? Are 10 rules for public m the outer room 11 yun ready for tho vote? Allnght Vote on the boerd, 11 there Andlfthe applicant's 12 please Tho motion Is to approve the plan as presented In 12 representative is here 0~ l~kc to make a 13 your backup so a yes vote would approve the convcmenee 13 presentation9 Please name and address for the 14 store with gasoline Motion failed 5-2 14 record 15 (COMMISSIONERS OOURDIaAND RISHELVOTED INTHE 15 MR IS Fred Peck 16 ^FlnPae, nxlw ) 16 I'm the 17 Ma SNYDER Mr Relchhart, oanyoumfreshn~y 17 R. anchand< Road I'd 18 memory? Before we -- at the last meeting before w~ 18 Just like t~ 'm happy I'm here i to answer 19 postponed flus item for tonight, was there not a motion to 19 that you might have Thl., a golf 20 deny that failed? I can't remember Is that correct? 20 The office space is 21 Okay SO now you've had a motion to approve that failed 21 for the computers and 22 so this would then go forward to the City Council as- 22 ~ and sundry other 23 not as a denial but as just a failure to recommend 2523 24 approval lust wanted to clarify that 24 for you 25 ,Il ,l~R~l~ l~51~l~l~/ff0~our MR MCNEILL very good I believe we have a PLANNING & ZONING COMMISSIONER APRIL lt/[2001 Page 13 - Page 16 ATTACHMENT 3 &Izq ~ ATTACHMENT 4 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A ZONING PLAN FOR 0 6 ACRES LOCATED WITHIN A SINGLE FAMILY (SF-7) ZONING DISTRICT, TO CHANGE TO A PLANNED DEVELOPMENT (PD) DISTRICT TO ALLOW FOR GENERAL RETAIL USES, THE SUBJECT PROPERTY BEING LOCATED ON THE WEST SIDE OF SHERMAN DRIVE, APPROXIMATELY ',4 MILE NORTH OF BELL AVENUE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (ZP-01-0002) WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-069 which established certain nonresidential interim regulations (the "Nonresidential Intenm Regulations"), WHEREAS, the Nonresidentml Interim Regulataons established, among other things, a Zomng Plan requirement an the event of a request to rezone property, and WHEREAS, on February 26, 2001, Joel F Plangrnan, on behalf of Mlllenmm Gasoline Company, apphed for a change m zomng for 0 6 acres of land located, from Single Family (SF- 7) zomng dismct elasmficataon and land use demgnataon to Planned Development (PD) zomng district ¢lasmficataon and land use demgnataon with the intent to redevelop an exmtlng automobile servace station into a convemence store with gasohne sales and has submitted for approval a Zoning Plan for fi'ns property under the Nonresadentlal Intenm Regulations, a copy of which as attached hereto as Exlubat "B" (the Zomng Plan"), and WHEREAS, on April 11, 2001, the Planmng and Zomng Conumsmon recommended approval of the requested change an zomng and the submatted Zomng Plan, and WHEREAS, the Caty Council finds that the Zoning Plan, with the condatlons imposed here~n, meets the requirements of the Nonresadentlal Interim Regulations and ~s consmtent wath the approved 1999-2020 Denton Comprehenmve Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zomng district clasmficataon and land use demgnat~on of the 0 6 acre property described in the legal descnptaon attached hereto and Incorporated herean as Exhablt "A' (the "Property") is changed from Single Family (SF-7) zoning district clasmficataon and land use demgnat~on to Planned Development (PD) zomng district clasmficatlon and land use designation under the comprehensive zomng ordinance of the City of Denton, Texas to allow general retail uses The Zomng Plan and smd change in zomng are hereby adopted, subject to the following conchtions 1 Any new hghtang on the property should be designed and malntmned so as not to shine on or otherwme disturb the surrounding adjacet propertaes or to sh~ne and project upward, to prevent the daffumon Into the mght sky 36 2 All new s~gns must meet the S~gn Ordmance 3 Uses on the Property are hm~ted to a convemence store with gasohne sales SECTION 2 The City's official zomng map is amended to show the change in zomng dismct classification SECTION 3 If any provisions or the apphcat~on thereof to any person or c~rcumstance is held invahd by any court, such invahd~ty shall not affect the validity of other provisions or apphcatlons, and to this end the promsxons of this ordinance are severable SECTION 4 That any person violating any provision of thru ordinance shall, upon conwct~on, be fined a sum not exceechng $2,000 00 Each day that a prows~on of this ordinance is violated shall constitute a separate and distinct offense SECTION 5 That th~s ordinance shall become effective fourteen (14) days from the date oftts passage, and the City Secretary xs hereby dxrected to cause the caption of this ordinance to be pubhshed twlee m the Denton Record Chromcle, officml newspaper of the City of Denton, Texas, wxthm ten (10) days of the date of its passage PASSED AND APPROVED this the day of ., 2001 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM 37 PAGE 2 Exhibit A Legal Descnptlon FIELD NOTES to all that certmn tract of land situated in the Joseph Carter Survey, Abstract Number 268, City of Denton, Denton County, Texas and being all of Tract 3 described m a special Warranty Deed to the Rummell Family Trust, recorded under Clerk's File Number 95-R0021765 of the Real Property Records of Denton County, Texas, same being a part of a called 11 95 acre tract of land described as the First Tract in the Deed to J W Nichols and J L G~nmngs recorded in Volume 434, Page 289, the subject tract being more particularly described as follows BEGINNING at the Northeast comer of the tract being described herein at an "X" found in concrete in the West line of a road under apparent public use, posted as Sherman Drive, THENCE South 27 Degrees 30 Minutes 00 Seconds West with the West line of smd road a d~stance of 200 00 feet to an "X" cut in concrete for the Southeast comer of the tract being described herein, same being the Northeast comer of a called Second Tract of land described ~n the Deed to Blanch Gmmngs, Trustee, recorded in Volume 1044, Page 295 of the Deed Records of Denton County, Texas, THENCE North 62 Degrees 30 Minutes 00 Seconds West with the North line of smd Second Tract a distance of 150 00 feet to a ¥2" capped iron rod set for the Southwest comer of the tract being descnbed herein, same being in the West hne of a tract of land called Tract 47, 2 966 acres of the J Carter Subdlvm~on, being the same tract described as the Fifth Tract described in the Deed to Joe W Nichols, recorded in Volume 1044, Page 298 of the Deed Records of Denton County, Texas, THENCE North 27 Degrees 30 Minutes 00 Seconds East with the West line of smd Fifth Tract a distance of 117 20 feet to a V2" capped iron rod set for the Northwest comer, same being m the South hne of sa~d Addltmn, THENCE North 88 Degrees 36 Minutes 00 Seconds East with the South line said Addition a distance of 171 34 feet to the PLACE OF BEGINING and enclosing 0 55 acres of land more or less 38 AGENDA INFORMATION SHEET AGENDA DATE' May 1,2001 DEPARTMENT' Planmng Department CM/DCM/ACM: Dave I-hll, 349-8314~o~/ SUBJECT - ZP-01-0003 (Knollwood Vdlas) Hold a pubhe heanng and consider adoption of an ordmance approwng a Zoning Plan at 3502 E McKmney Street from an Agriculture (A) zoning d~stnct to a Mult~-famdy-cond~t~oned (MF- l[c]) zomng d~stnct The 22 0 property ~s generally located on the south s~de of McKmney, less than 1000' west of Loop 288 A mult~-famdy complex ~s proposed The Planmng and Zoning Commission recommends approval (5-2) w~th conditions (ZP-01-0003) BACKGROUND The apphcant ~s requesting rezomng for a mult~-famdy complex wtth 264 umts at a density of 12 0 dwelhng umts per acre The overall density of the s~te ~s more than the density allowed under the Interim Regulatmns of 8 8 umts per acre The proposed Zomng Plan prowdcs a transition between the Ingher ~ntens~ty commercial land uses to the east and the lower ~ntenslty s~ngle famdy uses and vacant property to the west The commumty center should serve to enhance the commumty by prowdmg a space for a variety of projects All s~des of the s~te are proposed to meet or exceed the minimum reqmrements of the 15' landscaping buffer reqmrement of the Interim Regulations The apphcant has voluntarily ~ncreased the buffer widths from the reqmred 15 feet to 300 feet on the north, 20 feet on the west, and 20 feet on the south s~de of the property, winch prowdes protection proportional to the concentration of surrounding houses The eastern property hne is proposed to have a 15 foot buffer yard The addition of the collector streets promotes alternatives to reach Loop 288, reducing traffic w~tinn and between neighborhoods The apphcants have noted that they wall work w~th the adjmmng property owners to construct access to Loop 288 The proposed mult~-famdy project ~ncreases ~nfill-hous~ng opportumtles and d~versffies the land uses of the neighborhood Tins project should help promote a range of housing opportumttes that appeal to d~ffenng economm and individual circumstances The apphcants have noted ~n the Zoning Plan that the roof p~tches wall be compatible w~th the surrounding s~ngle famdy homes, winch ~s an effort to address the commtm~ty appearance ~n an arcintecturally sensitive manner The arcintectural style and bmldmg materials d~versffies arcintectural appearance of the bmlt enwronment Placement of street trees along all street edges enhances the street appearance along all pubhc rights-of-way } The property ~s located ~n the Agriculture (A) zomng d~stnct created in January 14, 1969 by Ordinance 69-01 ~ The Denton Plan shows this area to be within a Neighborhood Center area W~thin the undeveloped urban and urbanizing areas of the e~ty, new neighborhoods may develop ~n conventional patterns Mixed-use and m~xed housing types will also be allowed to develop in a pattern of 'neighborhood centers' These are oriented inwardly, focusing on the center of the neighborhood Residential uses may occur at higher dens,ties with townhomes or residential flats above service oriented uses ~' Comphanee w~th draft Zomng The draft zoning map notes this s~te as "Neighborhood Center Residential at 12 units per acre" (NCR-12), which allows multi-family umts by right } Eleven (11) property owners were notified of the zomng request Eight (8) responses have been received an favor of the request, and one (1) response neutral to the request Addmonal letters beyond the 200-foot notice includes, 12 letters m support, 4 responses neutral to the request, and 3 responses m opposmon to the request have been received (See Attachments 1 and 3) OPTIONS 1 Approve as submitted 2 Approve w~th condit~ons 3 Deny 4 Postpone consideration 5 Table item P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval (5-2) of this zoning request w~th the following conditions 1 The note regarding roof p~tch be amended to reference the surrounding houses, rather than the houses to the east 2 The monument signs shall be placed a m~mmum of 10' from respective property hnes 3 The project shall be designed to meet the multi-family site design reqmrements of thc draft Development Code (as noted m the draft Ordmance) 4 A collector road, from the subject property to Loop 288, will be prowded prior to thc ~ssuanee of any certificate of occupancy ESTIMATED PROJECT SCHEDULE A Project Plan ~s required as the next step in the zomng process After a Project Plan approval by City Council, a Prehm~nary Plat and a Final Plat must be submitted for approval PRIOR ACTION/REVIEW The following is a chronology of ZP-01-0003, commonly known as Knollwood Villas Apphcation Date- March 7, 2001 DRC Date - March 22, 2001 P&Z Date - April 11, 2001 FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school d~stnct It will require no short-term pubhc improvements that are the responslbfl~ty of the city ATTACHMENTS 1 ?lanmng and Zomng Commission Report, April 11, 2001, ZP-01-0003 2 Planning and Zoning Commlssmn m~nutcs from April 11,2001 3 Addltmnal Property Owner Responses and Letters of Support 4 Draft Ordmance Respectfully submitted D~rector of Planmng and Development Prepared by /B eth/ltludson ~ Planner I 3 _ ATTACHMENT 1 ~ Agenda No · PLANNING AND ZONING COMMISSION Agend~Date STAFF REPORT Subject Knollwood Vdlas- Zoning Plan Case Number ZP-01-0003 Staff Beth Hudson, Planner I Agenda Date Aprd 11,2001 Hold a pubhc heanng and conmder making a recommendation to the City Councd concermng the Zomng Plan of 22 0 acres from an Agnculture (A) zoning dmtnct to a Multl-famdy-cond~t~oned (MF-1 [c]) zomng dmtnct A mulb-famdy complex ~s proposed LOCATION MAP Locatton on the south rode of McK~nney Street, approximately 1000' west of Loop 288 Stze 22 0 acres Applicant. Jack Potashmk Owner Landy Mulkey Southwest Housing Development 2016 Pembrooke 5910 North Central Expressway, Denton, Texas 76205 Suite 1145 Dallas, Texas 75206 The applicant is requesting a Multl-famlly-cond~boned (MF-I[c]) zoning d~str~ct class~flcabon for approximately 22 0 acres property The apphcant ~s proposing a multi-family complex at a density of 12 0 dwelling units per acre (see Enclosure 7) The Zomng Plan proposes 264 umts for th~s site, with a community center The details outlined ~n the Zomng Plan are designed to create the specific conditions attached to the s~te's zoning d~stnct The applicant ~s proposing street trees as their design element (see Enclosure 1) 1999-2020 Denton Comprehensive Plan The Denton Plan shows th~s area to be w~thln an Ex~st~ng Nelghborhood/Inflll Compabb~hty area (see Enclosure 2) W~th~n established residential areas, new development should respond to ex~st~ng development w~th compabble land uses, patterns, and design standards The Denton Plan recommends that existing neighborhoods w~th~n the c~ty be v~gorously protected and preserved Housing that ~s compatible w~th the ex~sbng neighborhood ~s allowed The proposed uses are consistent w~th Future Land Use Plan and the proposed Zomng Map w~th a des~gnabon of Neighborhood Center (NCR-12) 1 Transportation A Tnp generabon The proposed development would generate approximately 1,648 tnps per day ~f built as multi- family uses * A Traffic Impact Analysis (TIA) has been submitted and rewewed as part of the Zoning Plan The TIA submitted by the applicant recommends the addition of right and left turn lanes at the entrance on McK~nney Street and that the driveway entrance be ahgned w~th the church driveway on the north s~de of McKinney Street The driveway should have a 30 foot radius on each s~de, to facilitate turning movements · Calculations provided by the Institute of Transportation Engineers, 1991 B Access The s~te ~s proposing d~rect access to McK~nney Street Addlbonal access points w~ll be available on the two future collector streets, ~mmed~ately adjacent to th~s s~te 5 C Road Capacity McKInney Street is ~dent~fied as a primary major arterial road by the 1998 Denton Mob~hty Plan Th~s road ~s designed to be a six (6) lane d~wded street w~thout parking, prowd~ng six (6) lanes of through traffic As such, its designed traffic capacity would allow for a tolerable traffic flow of up to 27,900 trips per day McKinney Street is currently constructed with two (2) lanes, allowing for approximately 10,000 vehmles per day The most recent traffic counts of 12,554 trips per day for McK~nney Street adjacent to th~s s~te ~ndlcates that the current capacity ~s being exceeded The Texas Department of Transportation ~s estimating a road w~denmg m 2004 to a 4 lane d~wded roadway, which would give ~t adequate capacity after the wldemng D Pedestrian L~nkages Sidewalks along all pubhc streets are required 2 Utihtles Th~s s~te has access to ex~stmg water and samtary sewer hnes 3 Drainage and Topography New development will be required to design and construct a drainage system to c~ty standards General drainage calculabons were prowded w~th the Zomng Plan, ~nd~cabng drainage improvements will be required Drainage ~mprovements can include a detention pond, underground dre~nage systems, and off-site improvements 4 Signs Two subd~ws~on entry s~gns are proposed, one along McK~nney Street and one along a future collector street The s~gn along McKmney ~s proposed to be a maximum of 6 feet in height and have a maximum s~gn are of 40 square feet, wh~le the s~gn along the future collector street ~s to be a maximum of 20 square feet and have a maximum height of 4 feet The proposed s~gns meet or are better than the standards required in the S~gn Ordinance 5. Off-Street Parking New development must provide off-street parking, according to the regulabons of Chapter 35 (35- 301) of the Code of Ordinances The total number of parking spaces required by any one development is a factor of land use The current parking regulations would require 644 parkang spaces The parking requirements ~n the draft Development Code propose 1 75 parking spaces per umt forl2-bedroom umts, 2 parking spaces for 3-bedroom units, and 4 spaces for 4-bedroom umts The Zomng Plan proposes to meet the requirements of the draft Development Code, which will reduce the amount of ~mperv~ous area by approximately 100 parking spaces If developed pnor to the adoption of the draft Development Code, a parking variance w~ll be required 6 Landscaping Th~s property w~ll have to comply w~th the Landscape Code, which reqmres 15 trees per acre and 20% of all surfaces to remain pervious (plantable area) 7 Open Space and Recreational Areas This residential development w~il be reqmred to participate ~n the development of public recreabonal areas Through the Park Dedication Ordinance (98-039), this development w~ll contribute to park land dedication and park development fees 8 Lighting The Zoning Plan proposes to meet the additional I~ghtlng reqmrement regarding light shining onto adjacent properties and ~nto the n~ght sky 9 Environmental Quality impacts No adverse enwronmental ~mpacts are anticipated January 14, 1969 - The subject property was placed ~n the Agnculture (A) zoning d~strlct and land use classlficabon by Ordinance 69-01 (see Enclosure 3) The subject property ~s not platted and would need to be platted prior to any development A Preliminary Plat has been submitted and rewewed by the Development Review Committee Nobce of the zomng request was published ~n the Denton Record-Chromcle on Mamh 31, 2001 Eleven (11) property owners w~th~n 200' were ma~led legal nobces, and th~rty-s~x (36) residents w~thm 500' were sent courtesy nobces informing them of the request (see Enclosure 4) As of th~s wr~bng, there have been two (2) property owners' responses ~n favor of the request, one (1) response neutral to the request, and 22 letters ~n support and I letter ~n opposition to the request have been received (see Enclosures 5 and 6) A neighborhood meeting was held on April 5, 2001 No ~ssues were mentioned The applicant of the Zoning Plan has proposed a mulb-famlly development at a density of 12 0 dwelling units per acre The overall density of the s~te ~s more than the density allowed under the Intenm Regulabons of 8 8 units per acre The proposed Zoning Plan provides a transA~on between the higher intensity commercial land uses to the east and the lower ~ntenslty s~ngle family uses and vacant property to the west The community center should serve to enhance the community by provid~ng a space for a variety of projects All sides of the s~te are proposed to meet or exceed the m~mmum requirements of the 15' landscaping buffer requirement of the Intenm Regulations The apphcant has voluntarily increased the buffer widths from the reqmred 15 feet to 300 feet on the north, 20 feet on the west, and 20 feet on the south side of the property, which prowdes protecbon proportional to the concentration of surrounding houses The eastern property line is proposed to have a 15 foot buffer yard The addition of the collector streets promotes alternatives to reach Loop 288, reducing traffic w~th~n and between neighborhoods 7 The proposed multi-family project ~ncreases ~nfill-hous~ng opportunities and d~vers~fies the land uses of the neighborhood Th~s project should help promote a range of housing opportumt~es that appeal to d~ffermg economic and individual c~rcumstances The apphcants have noted ~n the Zomng Plan that the roof p~tches w~ll be compatible w~th the surrounding single family homes, which ~s an effort to address the community appearance ~n an architecturally sensitive manner The aroh~tectural style and building materials diversifies architectural appearance of the built environment Placement of street trees along all street edges enhances the street appearance along all pubhc nghts-of-way I Staff recommends approval of ZP-01-0003 w~th the following conditions 1 The note regarding roof p~tch be amended to reference the surrounding houses, rather than the houses to the east 2 The monument s~gns shall be placed a m~mmum of 10' from respective property hnes 3 The project shall be designed to meet the multi-family s~te design requirements of the draft Development Code I move to recommend approval of ZP-01-0003 w~th the following condlt~ons 1 The note regarding roof p~tch be amended to reference the surrounding houses, rather than the houses to the east 2 The monument s~gns shall be placed a m~n~mum of 10' from respective property hnes 3 The project shall be designed to meet the multi-family s~te design requirements of the draft Development Code 1 Recommend approval as submitted 2 Recommend approval w~th conditions 3 Recommend denial 4 Postpone consideration 5 Table item, 1 Zoning Plan 2 Future Land Use Map 3 Zoning Map 4 200'-500' Notification Map 5 Property Owner Responses (3) 6 Letters of Support (22) and Letter of Opposition (1) 7 Density Calculations lJ lift ~i jJi ! ! t r ,t~ J ,, ! [il j[ R 0 2 2001 [':[li~ fi; [ ~ollwOOdlll[l~ --Villas ,~"'- ~ ...... ~-w-~ ~ ....... 9 I ~~~-- ~ / ~ ~~ Surve~]~~ Engln ers ~JE ~SENF Records\501 600~584~ONING\584;ZP-033001 dwg, ZONING PL.~uN~0.4./0?-/2001 11 21 29, Administrator, HP Laser Jet 5000 ~ ~ .,~, I~ ~{1~~~-~-'---, ' '"~I Illlll !~~. ~59~ ' ~ " ,, ~- }~ , ill .,,'°'',~;'~' -'~-T--~-~ - ~ ~' '"11'},.~ ..~ i ~"' ~L(~-~d,"i~...~2:'3~~'' '~-~ i { .h ', . ~ ~'" - ~) ljll141lJqllqllqJJ~J14JlqlJ4114114J14114J14}J'JJ'" , ~/I~ ~ ~{lllllJilqlJ~lltllJllJ{ {Jill }lJll{ IlJJJlllll I llllllll4ll41~ll~{l~ll~l Ill}~ll~ II~ II~ I1~{1~1 I IIIllllllllllllllllllllllllHIIIIIll IIIIIIIIIIIIIIIIIIIIIIIIIIIIII{}H I I ~,/ w IIIIIItilillllllllllllllllllllillllllllll 11 J{ ,/t~ ,l'. '"'"'"'""'"'" '"""" ' ' IIIIlllllllllllllllllllllllllll~lll[lllllllll[ . I , , ~, ~ IHIl{IIIIIIIlIil[IIII11}IlIIIlIilI{IIIIIIlil ~', ~-< IIIIIIIIIIIIIIlllllllllllllllllllllllllllilll,' - ~ -- ~L'=-h {{HIIIIIIIIIIIIIII}II{IIIIIIIIIIIII{I ~' ~ ~ ~t-. 1111111,~4~<41441~1~'11~11114~1~<1<~1~144l+1 l, H " ~ ~J, *J.~.~ ,~~ ENCLOSURE 2 ( A ZP-01-0003 (Knollwood Villas) NORTH FUTURE LAND USE MAP Pg ll Scale None ~ ENCLOSURE 3 (~ ,~ ZP-01-0003 (Knollwood Villas) NORTH Mlam Park SF-7 PD41 ZONING MAP pg t2o Scale None ENCLOSURE 4 ('- A ZP-01-0003 (Knollwood Villas) NORTH 200'-500' NOTICE MAP 200' Legal Notices sent wa Certified Mall 11 500' Courtesy Notices sent wa 1st Class Mall 36 Number of responses to 200' Legal Notice · Opposed 0 · In Favor 2 · Neutral 0 Percent of land w~th~n 200' in opposition 0% pg 13 Scale None ENCLOSURE 5 NOTICE OF PUBLIC HEARIN~ ZP-01-0003 oppo.~l~orr ~of reques~t Please circle one Neutral to request Opposed to request S~gnatur~ Printed Name Mailing Address Telephone Number Physical Address of Property w~thm 200 feet CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 9403498350 . (F)9403497707 F. ename of req Neutral to request Opposed to request Oo~m~-'~ ~ Printed Name Marl,rig Address ~-~¢-' ~ ~::~D/~' ~'/~'" C,,y, State Z,p ~~ , Telephone Number Phys,csl Address of Properly within 200 feet ~,~ 14 ClTY OF DENTON, TEXAS ClTY HALL WEST · DE~ON, TE~S 76201 · 9403498350 · (F)940349 7707 F~Tename NOT'rCE OF PUBL'rC HEARIN ZP-01-0003 The Planning and Zoning Commismon of the City of Denton will hold a public hearing on Wednesday, Apnl 11, 2001, to con_sl_d_e~r re_co.m__men_d_~g approval to CIt~ Cou..gcd the._Zonin~g Plan, commonly kn_o_wn or of re Neutral to request Opposed to request Comments Printed Name /--~/{/Dy O J/~ U L/~/~y f~ Madlng Address' ~0 [.~ ~~ ~ - ' TelephoneNumb;r 3~7- /~ ~ __ ~ · Physical Address of Propo~ ~0~1~~ 0 ~ ~ CITY OF DEN~ON, TEXAS CI~HAL~WEST ·DENTON, T~S 76201 · 940~98350 · (F)940 3497707 Fdename Pr, ntedName Lh,VDY/') l,~ u L/<'~.y ~ Maihng Address City, State Zip ~o~L'~'~ . ~/,. ~ 6~---0,~ . Physical Address of Properly within 200 feet .~ ~ ¢0 ~, ~ ~ ~ ~O O' ~' CI~ OF DENTON, T~AS C~H~LWEST ·DENTON, TE~S 7620~ · 940 349 8350 , (F) 940 349 7707 Fdename NOTICE OF PUBLIC HEARING ZP-01-0003 The Planning and Zoning Commission of the City of Denton will hold a public heanng on Wednesday, April 11, 2001, to consider recommending approval to City Council the Zomng Plan, commonly known Please circle one In~vor o~, Neutral to request Opposed to request Comments PnntedName /-~j~/~'~Ok/'/~ //l~il.{t/( /~"~' ~' Mall,ng Address ' ~-0/'~'. P_0..~~/c.~ .-- City, State Z,p _-C0~_~., ~, ? ~ 2d-s Telephone Number ~. ~0 -- '_~ ~ _~ "' / ~.,~ Phys,cal Address of Property _~.~_/'~J~...-O ~/~,. ~ ~/~.~ CITY OF DENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F) ~40 349 7707 £1/ename S~gnature MaangAddress '~'O/g ~" Clty, State Zip ~ , ~. Physical Address of Prope~ within 200 feet ~ITY OF D~TO~, T~XA~ CI~H~kCW~ST NOTICE OF PUBLIC HEARIN6 ZP-01-0003 In~o r~ Please circle one - r of Neutr~al to request Opposed to request Comments Pr, nted Name ],.,/~1 ~"D ~//) ~/J'? Lt Telephone Number ~ FO ' ~ ~ ~' / O~ ~ Phys,cal Address of PropeAy ~ ~ ~ ~. % /~ g~o~ CITY OF DENTON, TEXAS CI~ HALL WEST *DENTON, TE~S 76201 . 9403498350 * ¢)9403497707 Fflename I~avor of request ~ Neutral to request Opposed to request Commen~'-'"~ Malhng Address, '~.~) C,ty, State Z,p Telephone Number- 9 ¢O Physical Address of Prope~ ~,tbin 200 feet ClTY OF DENTON, TEXAS ClTYHALLW TON. TE~S 7e201 · 9403498350 · (~ 940 349.7707 Filename NOT'rCE OF PUBL'~C HEAR'i'N.~ ZP-01-0003 The Planning and Zoning Commission of the City of Denton will hold a public heanng on Wednesday, April 11, 2001, to consider recommending approval to C~ty Councd the Zonl_n~g Plan, commonly known In~ '"~ Please circle one r of Neutral to request Opposed to request Comments Printed Name Ma,hng Address c,~. ~t~,~ ~,~ Telephone Number Physical Address of Prope~ ,,, C/TY OF DENTON, TEXAS ~1~ HALL WEST · DENTON, TE~S 76201 · ~0 349 8350 · (F) 940 349 7707 Fllename Malhng Address Te,ephone Number Physical Address of Bropedy Wlth, n 200 feet ClTYO~OENTON, TEXAS CI~HALLWE~ 18 ON, TE~S 76201 * 940349~350 · (F)~4034~7707 Fdename Singing Oaks Church of Christ April 11, 2001 Mr Perry McNlell, Planning and Zoning Chair and Commissioners Ms Eulene Brock, Mayor and City Council Members City of Denton 221 N Elm St Denton, Texas 76205 It has come to our attention that a request has been made to build a family housing faclhty on McKmney Street We would like to offer our support for this project Our experience indicates that the housing needs of famdles in our community are not being met In addition, it is dear that the demand for quality affordable housing and related services is only gomg to increase We have met with Southwest Housing Development and have received information on their facilities and the servmes offered to their residents We believe this combination of housing and services provides a quality lifestyle for farmhes in our community The environment provided by Southwest Housing is secure, comfortable and attractive Representatives from our church attended a recent neighborhood meeting and we heard the concerns of neighbors of the proposed Mmgo Road project We believe Southwest Housing responded to these concerns by making needed changes and continues to show a "good neighbor" response We would urge you to support Southwest Housmg's request to provide much needed housing and services for fanuhes ~n our commumty Sincerely, Billy Kellum, For the Elders 19. 101 Cardinal Drive · Denton, Texas 76209 ~ (940) 387-4355 · Fax (940) 382-9596 · E-Mall socc@lglobal net ~-~ ENCLOSURE ~ NOT ¢E OF PUBLIC HEARING ZP-01-0003 The Planmng and Zoning Commission of the C~ty of Denton wdl hold a pubhc heanng on Wednesday, April 11, 2001, to consider recommending approval to C~ty Council the Zoning Plan, commonly known as 3502 E McKinney, from an Agnculture (A) zoning district to a Planned Development (PD) zomng district The 22 0 acre property is located on the south side of McKinney, less than 1000' west of Loop 288 A multi-family complex ~s proposed The pubhc hearing wdl start at 6 00 p m in the C~ty Council Chambers of C~ty Hall located at 215 E McKInney Street, Denton, Texas Please, m order for your opinion to be taken into account, return th~s form w~th your comments prior to the date of the pubhc hearing {This/n no way prohibits you from attending and pari/c/patlng in the pubbc hearing ) You may fax ~t to the number located at the bottom, ma~l It to the address below, or drop It off In-person Planning and Development Department 22'1 N. Elm St Denton, Texas 76201 Attn' Beth Hudson, Planner I The zoning process includes two pubhc heanngs designed to provide opportumtles for c~t~zen involvement and comment The first pubhc hearing is held before the Planmng and Zomng Commission Please circle one In favor of request .~-~Neutral t~ Opposed to request Comments Signature Printed Name ~-"~nC Malhng Address Telephone Number ~) ~66 ~7// Physmal Address of Prope~ ClTY OF DENTON, TEXAS CI~HALLW[ 20 ON, TE~S 76201 · 9403498350 · (F)~0~9~07 F~lename McKinney Street Baptist Church 3000 Bast McKinney Street ~ Post Office Box 961 Denton, Texas 76202 (940)387-3650 (940)382-1774 fax March 12, 2001 Mr Perry McNaell, Planning and Zomng Ch~ur and Comm~ss, oners Ms Eulene Brock, Mayor and Caty Council Members Caty of Denton 221 N. Elm St Denton, Texas 76205 Dear Planning and Zomng Comrmttee and Mayor, I want to cast my support for the continued development of our eommumty. It has come to my attent, on that Southwest Housing Development as m pursmt ofrezomng and penmmng to bmld affordable housing for families an our area I am convinced there as a real need for such a fae, l, ty ~n our eommumty The demand for affordable housing for fannhes ~s er, dent m our eommunaty The envh'0nm ent provaded by Southwest Housing should just fill that need The fact that they continue to manage the facility after ennstruet~on gives me security about the upkeep and continued enhancement of the commumty Please consader and grant their request to build Knoll Wood ¥fllas housing commumty just down the sireet fi.om our church Sincerely, Bill Black Pastor of McKmney Street Baptist Church 21 NOTICE OF PUBLIC HEARING ZP-01-0003 The Planning and Zoning Commission of the City of Denton w~ll hold a pubhc hearing on Wednesday, Apnl 11, 2001, to consider recommending epproval to C~ty Oounml the Zoning Plan, commonly known as 3502 E McKInney, from an Agriculture (A) zoning district to a Planned Development (PD) zoning district The 22 0 acre property is located on the south s~de of McKmney, less than 1000' west of Loop 288 A multi-famIly complex Is proposed The pubhc hearing will start at 6 00 p m In the C~ty Council Chambers of City Hall located at 215 E McK~nney Street, Denton, Texas Please, In order for your op~n~on to be taken into account, return th~s form with your comments prior to the date of the public heanng (This in no way proh/blts you from attending andpart~c/patlng In the public hearing ) You may fax ~t to the number located at the bottom, mall it to the address below, or drop ~t off In-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn, Beth Hudson, Planner I The zoning process Includes two public hearings designed to prowde opportumbes for clbzen involvement and comment The first pubhc hearing ~s held before the Planning and Zoning Commlsslon In'.fay ~ Please circle one or Neutral to request Opposed to request Comments Maihng Address ~/ C,ty, State Z,p ~4/ Telephone Number Physical Address of Prope~ ClTY OF DENTON, TEXAS CI~HALL 22 ENTON, T~S 76201 · 9403498350 · (F)9403497707 NOTICE OF PUBLIC HEARING ZP-01-0003 The Planning and Zoning Commission of the City of Denton will hold a pubhc hearing on Wednesday, April 11, 2001, to consider recommending approval to City Council the Zoning Plen, commonly known as ;3602 E McKInney, from an Agriculture {A) zoning d~stnct to a Planned Development (PD) zomng d~stdct The 22,0 eore property Is located on the south side of McKmney, lesa than 1000' west of Loop 288 A multi-family complex ~$ proposed The public hearing will start at 6 00 p m In the C~ty Council Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property within 200' of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and invltes you to attend the public heanng Please, in order for your oplmon to be taken into account, return this form With your comments prior to the date of the pubhc heanng (This In no wayprohiblts you from attending andparbcipating in the public heanng ) You may fax it to the number located at the bottom, mall it to the address below, or drop It off In-person Planning and Development Department 221 N. Elm St Denton, Texas 76201 Attn' Beth Hudson, Planner I The zomng process Includes two pubhc hearings designed to provide opportunities for cibzen involvement and comment Prior to the public heanngs, landowners within 200' of the subject property are nobfied of the zoning request by way of this notice The first pubhc hearing Is held before the Planning and Zoning Commission The Commission is informed of the percent of responses in support and ~n opposition Second, the zoning pebtlon Is forwarded to the C~ty Councd for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the City Council If owners of more than 20% of the land area within 200' of the site submit written opposition, then six out of seven votes of the City Council are requlred to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one Neutral to request Opposed to request Comments Signature Printed Name ~,'// ~/~ c~. Malhng Address ~0 C,~, State Z,p ~¢,3+~ . Telephone Number Physical Address of Properly within 200 feet ~/~,hney ~ ~.~¢~m~ ~0/ 23 CITY OF DENTON, TE~S CI~ HALL WEST · T~S 76201 , 9403498350 · (F)9403497707 OF PUBLIC HEARIN ZP-01-0003 The Planmng and Zoning Commlss~on of the City of Denton wdl hold a pubhc headng on Wednesday, Apnl 11, 2001, to consider recommending approval to Cffy Council the Zoning Plan, commonly known as 3502 E McKinney, from an Agriculture (A) zoning d~stnct to a Planned Development (PD) zoning d~stnct The 22 0 acre property Is located on the south s~de of McKmney, less than 1000' west of Loop 288 A mult~-famlly complex m proposed The public hearing will start at 6 00 p m in the C~ty Council Chambers of City Hall located at 215 E McKmney Street, Denton, Texas Please, in order for your op~mon to be taken into account, return th~s form with your comments prior to the date of the public hearing (This/n no way prohibits you from attending and part~cipat/ng/n the public hearing ) You may fax ~t to the number located at the bottom, mad it to the address below, or drop ~t off m-person Plannlng and Development Department 221 N Elm St Denton, Texas 76201 Attn: Beth Hudson, Planner I The zomng process Includes two pubhc heanngs designed to prowde opportun;tles for c~bzen ;nvolvement and comment The first pubhc hearing ~s held before the Plann;ng and Zomng Commission 'ln~a~or ~ Please c~rcle one Neutral to request Opposed to request Comments Pdnted Name City, State Zip Telephone Number Physical Address of Prop~y OITY OF DENTON, T~8 CI~LLWEST 24 ~,TE~S 76201 · 9408498350 · (F)9403497707 Fdename NOTICE OF PUBLIC HEARIN6 ZP-01-0003 The Planning and Zoning Commission of the City of Denton w~ll hold a public heanng on Wednesday, April 11, 2001, to consider recommending approval to C~ty Council the Zoning Plan, commonly known as 3502 E McKInney, from an Agriculture (A) zoning district to a Planned Development (PD) zoning d~stnct The 22 0 acre property Js located on the south side of McKinney, less than 1000' west of Loop 288 A multi-family complex is proposed The pubhc hearing will start at 6 00 p m in the City Council Chambers of C~ty Hall located at 215 E McKmney Street, Denton, Texas Please, In order for your opinion to be taken into account, return th~s form w~th your comments pnor to the date of the public hearing (This ~n no way prohibits you from attending and pa~t/c/pa#ng in the public hearing ) You may fax ~t to the number located at the bottom, ma~l ~t to the address below, or drop it off In-person Planning and Development Department 221 N, Elm St, Denton, Texas 76201 Affn' Beth Hudson, Planner I The zomng process includes two public hearings designed to provide opportunities for c~bzen involvement and comment. The first public hearing ;s held before the Planning and Zoning Commission In favor of request ~ Opposed to request Comments' Mad~ng AddresS C~ty, State Z~p Telephone Number Phys,cal Address of Property ClTY OF DENTON, TEXAS ClTY HALL WEST 25, TEXAS 76201 · 9403498350 · (F)9403497707 Filename NOTICE OF PUBLIC HEARING ZP-01.0003 The Planning and Zoning Commission of the City of Denton w;ll hold a pubhc hearing on Wednesday, Apnl 11, 2001, to consider recommending approval to C~ty Council the Zoning Plan, commonly known as 3502 E McK~nney, from an Agriculture (A) zoning d~strlct to a Planned Development (PD) zomng d~str~ct The 22 0 acre property Is located on the south s~de of McKlnney, less than 1000' west of Loop 288 A multi-family complex Is proposed The pubhc hearing will start at 6 00 p m In the C~ty Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Please, In order for your opinion to be taken ~nto account, return th~s form w~th your comments prior to the date of the public heanng (This in no way proh/bits you from attending and part¢c/paOng in the public hearing ) You may fax ~t to the number located at the bottom, mall It to the address below, or drop it off in-person Planning and Development Department 221 N, Elm St Denton, Texas 76201 Attn, Beth Hudson, Planner I The zoning process ~ncludes two pubhc hearings designed to prowde opportunlhes for c~hzen involvement and comment The first pubhc hearing is held before the Planning and Zoning Commlssiorl Pl~one In favor of request , ~~quest~ Opposed to request Comments Telephone Number ~ ¢ ~ Z 6 ~'-' ~ ~/~ ' __ ~ Phys,cal Address of Prope~y /~ ~~ ~ PLANNING & 0EVELOPMEN~ CITY OP DENTON, T~XAS CI~HALLWE~ ~ N,T~S 76201 · 9403498350 · (F) ~40 37 7707 Filename NOTICE OF PUBLIC HEARIN ZP-01-0003 The Planning and Zoning Commission of the C~ty of Denton w~ll hold a public hearjng on Wednesday, April 11, 2001, to consider recommending approval to C~ty Council the Zoning Plan, commoply known as 3502 E McKinney, from an Agnculture (A) zoning d~stnct to a Planned Development (PD) zoning dmtrict The 22,0 acre property ~s located on the south s~de of McK~nney, less than 1000' west of Loop 288 A multi-family complex is proposed The public hearing will start at 6 00 p m tn the C~ty Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Please, In order for your opinion to be taken into account, return th~s form w~th your comments prior to the date of the public hearing (This/n no way prohtbits you from atfendzng andparttctpattng tn the public hearing ) You may fax it to the number located at the bottom, ma~l ~t to the address below, or drop it off In-person Planning and Development Department 221 N, Elm St Denton, Texas 76201 Attn: Beth Hudson, Planner I The zoning process Includes two public hearings designed to provide opportunities for citizen ~nvolvement and comment The first public hearing is held before the Planning and Zoning Commission Please circle one of reque Neutral to request Opposed to request Comments Mailing Address ,~./J ~'//'~,.~"" Phys~l Address of Prope~y ~ ~ .~_~ ~ CI~ OF DENTON, TEXAS CI~HALLWEST ~,T~S 76201 · 9403498350 · (F) ~40 349 7707 F~n~me NOTICE OF PUBLIC HEARIN6 ZP-01-O003 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 11, 2001, to consider recommending approval to City Council the Zoning Plan, commonly known as 3502 E McKlnney, from an Agriculture (A) zonlng district to a Planned Development (PD) zoning district The 22 0 acre property is located on the south rode of McKInney, less than 1000' west of Loop 288 A multi-family complex is proposed The pubhc hearing will start at 6 00 p m In the Qty Council Chambers of City Hall located at 215 E McKlnney Street, Denton, Texas Please, In order for your opinion to be taken ~nto account, return th~s form with your comments prior to the date of the public hearing (Th~s In no way proh/brts you from attending and participating ~n the pubflc heanng ) You may fax It to the number located at the bottom, mail it to the address below, or drop it off In-person Planning and Development Department 221 N, Elm St Denton, Texas 76201 Attn' Beth Hudson, Planner l The zoning process includes two public hearings designed to provide opportunities for c~bzen involvement and comment The first public hearing ~s held before the Planning and Zomng Comm~ssion Please circle one I~avor of request request Opposed to request .... ~ Neutral to Comments, Printed Name ~". .'-/,~ c ,sta e Telephone Number Physical Address of Prope~ ~ ~o~' 28 CITY OF DENTON, TEXAS OI~HALLWEST · rE~S 76201 · 9403498350 · (F) 940 ~9 7707 Fgename NOTICE OF PUBLIC HEARIN6 ZP-01-0003 The Planmng and Zoning Commission of the City of Denton w~ll hold a public heanng on Wednesday, April 11, 2001, to consider recommending approval to C~ty Council the Zoning Plan, commonly known as 3502 E McKinney, from an Agriculture (A) zoning d~strict to a Planned Development (PD) zoning district The 22 0 acre property is located on the south side of McK~nney, less than 1000' west of Loop 288 A multi-family complex Is~proposed The public hearing will start at 6 00 p m In the C~ty Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Please, In order for your opinion to be taken into account, return th~s form with your comments prior to the date of the public heanng (This/n no way prohibits you from attending and participating in fhe public hearing ) You may fax it to the number located at the bottom, mall ~t to the address below, or drop it off in-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn. Beth Hudson, Planner I The zoning process includes two public hearings designed to provide opportun~tles for c~bzen involvement and comment The first public hearing is held before the Planning and Zoning Commission Please circle one ,,leutral to request Opposed to request Comments Signature Printed Name Malhng Address c,~, st~t~ z,p D ~ ~ ~/ , ~ w~ I Telephone Number Physical Address of Prope~y I~1 - ~~OO/ 29. CITY OF DEN~ON, TEXAS CI~ HALL WES% ..~.TE~S 76201 · 9~98350 · (F)9403497707 F~lename 03/23/2001 16 15 940'3831251 JESWOOD OIL COMPANY PAGE 81 NOTICE OF PUBI.ZC HEARIN6 ZP-01-0003 The Plannmg and Zoning Commission of the City of Denton will hold a public hearing on Wednesday April 11, 2001. to consider recoromendmg approval to C~ty Council the Zoning Plen. commonly known es 3502 15 McKmney, from an Agriculture (A) zoning dlslrlct to a Planned Development (PD) zoning district The 22.0 acre property ~s located on the south stde of McKInney, less than 1000' west of Loop 288 A multi-farml¥ coroplex is proposed The public hearing will start et 6 00 p.m m the C~ty Council Chambers et' City Hall located at 215 E McKInne¥ Street, Denton, Texas Please, m order for your opinion to be taken Into eccount, return th~s form with your comroents prior to the date of the public heering (Thls in no way prohibits you from attencl/ng and parEclpatlng in the public hearing ) You may fax It to the nurober located at the bottom. roall It to the address below, or drop it off m-person Planning and Development Department 221 N. Elm St. Denton, Texas 76201 Attm Beth Hudson, Planner I The zoning process includes two pubhc heerings designed to provide opportum~es for ca,zen Involveroent and comment The first pubhc hearing Is held before the Planning and Zoning ComrolSSton ~~fn ~vo-- que~-~ Please clrcle one r of re Neutral to request Opposed to request Comments: Telephone Number No'r'J:¢E OF PUBL3:¢ I-IF. AI ING ZP-01-0003 The Planning end Zoning Commission of the City of Denton will hold e public hearing on Wednesday, April 11, 2001, to consider recommending epproval to Cr~ Councll the ZonV~g P~an, commonly known as 3502 E McKlnney, from an Agriculture (A) =onlng dlst~ct to a Planned Development (PD) :,onlng district The 22 0 acre property Is located on the south side of McKJnney, less than 1000' west of Loop 288. A multi-family complex Is proposed The public hearing w~l start at 6 00 p m in the City Council Chambers of City Hall located at 215 E Mcl~nney Street, Denton, Texas Please, in order for your opinion to be taken into account, return this form with your comments pnor tO the date of the public hearing (This ~n no way prohibits you from attending ~nd part~pebng in the pubEc hearing.) You may fax ~t to the number located at the bottom, mail It to the address below, or drop it off In-person Planning and Development Department 221 N Elm St. Denton, Texas 76201 Attn: Beth Hudson, Planner I The zoning pmceas Includes two public hearings designed to provide opportun~tms for c~t~en involvement and comment. The first public hearing is held before the Planning and Zoning Commission Please circle one, In favor of request Neutral to request Printed Name Mallmg Address C~, S~te ~p. ~en~o~t ~ex~s 76209 Telephone Number 940-898-0304 Physical Address ~ Prope~y [[9 ~Zueb~a. C~cZe CI~ oFDENTo~ T~AS ~LWE~ Fdename ENCLOSURE 7 DENSITY CALCULATION WORKSHEET Knollwood Villas Area Summary/Base DensRy Calculahon Land Classification Area (acres) Base Density # of Units Floodway 0 0 0 Flood Fnnge 0 4 0 0 Other ESA 0 4 0 0 Unconstrained 22 0 8 0 176 TOTAL 22 0 ......................... Base Density (176 umts / 22 0 acres) 8 umts per acre Increased Density Calculabon for Open Space Features Percentage of Land as I Density Factor Increase in Open SpaceI Density 7 0% (1 6ac.) 3% of base DUA* 0 24 DUA *calculated by a 1% increase m density for the fi[st 5% of la~d area for open space and an add~tmnal 1% of density fm each 1% of land area ~n open space, up to a max[mum densxty increase of 10% Increased Density Calculation for Parkland Ded,cation Percentage of Land as Density Factor Increase in Open Space Density .... 10% of base DUA 0 0 DUA Increased Density Calculation for Design Features Number of Design Density Factor Increase in Elements Density 1 (street trees) 0 1 DUA per 3 elements 0.0 DUA Total Density with Dedication and Design Features Base Density (176 umts / 22 0 acres) 8 units per acre Density due to Open Space Features 0 24 units per acre Density due to Park Land Dedication 0 0 umts per acre Density due to Design Features 0 0 umts per acre TOTAL ALLOWED DENSITY 8 24 units per acre Total Allowed Number of Units 8 24 dua X 22 0 acres '18'1 units Proposed Density- 264 umts/22 0 acres = 12 units/acre 32 ATTACMMENT 2 3 ~ didn't have any problems 3 I'm that things have 4 we h pproved And we 4 tn a little direction and even Mr 5 the subd~wmon ourselves 5 lntght feel ~ 6 M okay Very good 6 MR He could very wash he 8 8 only proposal that I 9 MR : I'm 9 that's fine, but I think ome kind of 10 sorry 10 timeframe to say, okay, long enough Let's 11 MS APPLE ~rhat'i my question I get this road In place 15 it's not going to really 15 in the audience who ' this issue? I 16 understand ~ the north: to gain 16 think that's the I've asked 1 I will 17 access into 17 close the public h and ask staff if 18 ~'lthou 18 20 .lust forget about the median and 20 MI~ LL Thank you 21 two lanes gets developed, 21 you have tuestions 24 MCNEILL cenumssioner Rlshel IR RI%HEL l'd like to mcmmnend for 25 IR RISHEL It.lust sounds to me like Mr with the following conditions thai Page 38 2 would be able to look at it 2 Boulevard remain m place until such t~ 3 come up with the 3 the ion of Edwards 4 peo: have a little bit more It 4 6 the school and I een nor have 6 7 they the description 7 uR MCSEILL and seconded 8 or the ,e and how that 8 Is there any discussion on 9 All right Let's 9 traffic is going to the handicap 9 ,~ote on the board 10 that you're at But I 10 ~aR 11 engineering staff has i ; it and feels like it's a 11 MR n sorry the 12 workable situation 'm mqulnng 12 closed 7 0 13 MR mean to make this 13 mennon that ff anybody hal 14 difficult [ I know he 14 them the authenc, 15 expressed: about flow at one 15 ; simply a recouunendatlon to Cig, 16 point have got 1176 put at City Councd when u j 17 5 forward ~ 18 RISHEL It sounds hke this kind 18 The next ~tem oo our Agenda Is Item 8 to ~ 19 20 MR MCCORMACK NO, It's beeu n 20 to C~ty Councd on the Knollwood Vdlas And I beheve 21 long tnne 21 Ms Hudson has the staff report 22 MR RISHEL NOW, but when ' 22 MS UUOSOS Yes I do have an additional 23 loway, was that more than a couple of weeks 23 letter that I d like to pass out to you that I received )4 MR MCCORMACK Prior to Christmas 24 this evening 25 MR RISHEL okay It sounds hke mnee that 25 ~ MChE[Lt x, crygood PLANNING & ZONING COMMISSIONER APR1L 11, 2001 33 Page 37 - Page 40 CondonseltTM Page 41 Page 43 MS HUDSON Thank you The s~te that we're now we d~rectly access McKmney Street We do have a 2 looking at this evemng is on tile south side of McKmney · 2 future access gems runmng east/west with access to Loop 3 west of Loop 288 which is over here m this threatlon 3 288 Conm~erctal is cnrrently as Ms Hudson smd on the 4 The surrounding properties have single some small 4 south and the east of our property Tlus is rite 5 smgle-famdy along the front comnmrctal and other sorts 5 Comprehensive Plan and how it looks on the map and with 6 of retad uses along the side and the zoning would allow 6 the community m~xed-use center on our east and south tile 7 for more commercial activity along the east side Along 7 oolghborhood centers, has,tally on our property and to 8 the west and the south is currently undeveloped 8 the west of us and existing neighborhoods to the north 9 What they're proposing is a multl-fauuly 9 And across the road where you have the lumber yard that s 10 project w~th a aolmllunl~y center for th~s area The 10 an emplo)ment ceater over there 11 dees~ty ~s gems to be no more than 12 umts all acre 11 This ~s the ex~stmg zoning I found it 12 What they're proposing Is several clusters in tile 12 interesting that Putt Putt ~s Ag but that s the way it 13 budthngs and we will be seems a site plan back at a 13 goes We are Ag also aod then you can see the 14 later date that specifically shows how these buildings are 14 surrounding the other surrounding zonings with General 15 lind out 15 Retad PD 41 and Ctumnercml TNs is an aerial that I 16 The Comprehensive Plan for this area shows it 16 threw my sac plan on how that road rumung east and west 17 to be m a neighborhood een~'a' Neighborhood centers do 17 would align and connect to 288 It's very difficult to 1 $ have several different deslgnaaoos under our new draft 18 see I actually have tile buddxngs on there but it's on 19 Zomng Code One of them would be for neighborhood ceater 19 such a small scale you wouldn't be able to see ~t On 20 at 12 umts an acre Thmr project that they re proposing 20 the west side of our proper~ thtu road you see there is 21 tomght does meet the ne~ghbodlood des~gnatmn underneath 21 the extens~oo of MockmgNrd Street or Mockingbird Lane 22 the Cmnprehensive Plan and also meets our draft zoning 22 And then file street rumung east/west the mined use 23 ordinance 23 collector ~s yet to be named , 24 Staff Is reconunendmg approval wah the 24 Our traffic we had a traffic study done of 25 condtuons that you found in the back And I believe the 25 course with tlus much genre atton of traffic I think ' Page 42 Page 44 applicant or the applicant's representative is here to I ~t s mouod I 600 trips a day The traffic study I 2 speak mmght and 111 be able to answer quesnons after 2 basically said that putting turn lanes in on McKmney 3 they've had a chance to speak 3 Street would handle the trafhc But that s up m you 4 MR MCNEILL B~fore you leave ConllnlSsloners 4 guys to dec,de that This is to get a p;ctm'e of what 5 do you have clarification or questions for staff? Thank 5 these bmldmgs are gems to look hke along this new 6 you very much All r~ght Let me open the public hearing 6 mixed use collector ins :s looking towards Loop 288 7 then and ask if the applicant or file representative is 7 Same thing different view And then tlus is looking 8 here 8 actually towards MockmgNrd Lane from across the street 9 MR BUSSELL My name ~s Allea Bussell, 9 aad tile Connnercml zoning 10 Surveyors & Engineers of North Texas 1621 Amanda Court 10 Pubhc schools as I talked to Councd members 11 Ponder Texas I'm gems to go over a presentation real 11 and some of y all, I found this is probably thc big ~ssue 12 qmck and hopefully that wdl answer your questions as I 12 on tNs property and I met with Gene Holloway several 13 go through them 13 tunes and went over okay what ~mpact is this You got 14 Basically I'm gems to do what I thd in the 14 tile letter today or just a few minutes ago and I'd like to 15 Navy I'm going to tell you what I'm gems to say, I'm 15 read file last paragraph there We have been working with 16 gomg to say it aud I'm gems to tell yoo what I said 16 them as I smd Southwest Housing Managtanent ~s open 17 ['ll't gems to go over zomng whether or not ins is 17 this is from the letter xs open to assist the district 18 appropriate location for this k~nd of density 18 m providing addtuonal funding to accommodate tl~ mlpact 19 transportation issues in fins area and then the school 19 of their project Southwest Housing Management and Dentoa 20 issues m this area with this many addmonal residents at 20 lSD are currently reviewing proposals to offset the 21 ins locaUon 21 negative fiscal ~mpact and serve tile district's need The 22 We're located 700 feet dom of intersection of 22 desire of the district that these negotmUons set an 23 Loop 288 and we're actually right on McKmney Street Our 23 exmnple for future multi famdy developments And :t goes ,24 actual buddings are about 300 feet south of McKmney so 24 on to g~ve contact mfonnat~oo So it's around 100 25 you probably won't even see :t when yoo drxve by R:gh! 25 students We calculated about 126 Tomas R~vera ~s thc PLANNING & ZONING COMMISSIONER APRIL 11, 2001 34. Page 41 - Page 44 CondenscltTM Page 45 Page 47 I elementary school with McNath being the middle school and I MS HOLT YeS I behove ~n our backup 2 Ryan being the high school Tomas R~vera would increase 2 material It smd 2004 was the date on the w~deamg of 3 to about 97 percent if this project went m tomorrow 3 McKmney Boulevard* 4 wblch we're looking at a two year tnne span which gees on 4 MR BUSSELL Ive talked to TXDOT was in 5 an x point there with The Preserve at Pecan Creek the 5 our meeting yesterday I know tbat of course we would 6 elemeatary there would be coming on line which ~s in Tomes 6 put the turn lanes m whether or not we connected m 288 Rivera s district So when they red~strict that we'll 7 or not So we would handle our turning traffic As I 8 actually be able to open us some - theoretically, open up 8 understand from Mr Snow at TXDOT McKmney is going to 9 some areas in Tomes Rlvera for these students to go so we 9 w~deaed after Loop 288 Mr Salmon would probabl) know 10 would have room at Tomes Rlvera 10 more accurately than I would but maybe that's a start 11 This is some of the tax nmnbers Our nmxtbers 11 date instead el a finish date 12 were a little different We had an economist at DST look 12 MS HOLT okay Is there any timehne on the 13 at it and he generated $650 000 00 V~at you see there in 13 east/west collector of - connecting to 288* 14 front of you I think is $550 000 00 So they actually 14 MR BUSSELL we're negotiating with the 15 coiue out pretW close They generated less students than 15 property owners right now on how we're going to pay 16 we did What we're doing to make up the difference 16 extend that We want ~t connected It's just a manor of 17 short renu wise, these are the tin'ce proposals that we've 17 how we pay for it now It s about 18 g~vea DBO and we're gomg tu work with them and whatever 18 MS HOLT oh you want to oonnect it? 19 they decide we'll contanue to work with them to m~t~gate 19 MS BUSSELL well ~t helps us It helps the 20 those ~mpacts And it's $50 000 00 for ten years and you 20 coounercml guys If we can get the comanerclal people nt~xt 21 see the numbers there $75,000 00 for five years or 21 to us to help us thee it helps out everybody 22 $250 000 00 up front 22 MS HOLT what Is that right there* 23 Just real quick bore to give you an ~dea of 23 MR BUSSELL what ~s what? 24 what tile Cmrtp Plan has planned for file area, the white 24 MS HOLT what is that commercial - down 25 arrow ts pointing to tbe area that's neighborhood centers 25 here I mean ~t looked like it kind of had a swing the Page 46 Page 48 Th~s ~s all the new resideotml in flus zone That's it I way ~t came aroond It was on a different picture 2 So u s pretty nmcb resldeotml wise bruit out The rest 2 somewhere 3 of it is conunerclal 3 MU BUSSELL Thc way ~t swung down to the 4 And m talking with some of the owners around 4 south* 5 the area yea~rday by putting this development tn, by 5 MS HOLT Hlgbt 6 extending the mad, the easl/west collector over to 288 6 MR BUSSELL That is actually to align with 7 that will provide for the co~mnemml to come in And 7 Mr Keys' north property line so It's swmbnng down hke 8 that once again would bi mg more tax dollars without 8 that to remain on h~s property I believe he got his 9 extra students 9 property zonexl Cmm:aercml as we spoke yesterday and one 10 And just real qmck, we're asking for 12 umts 10 of the things about getong that zoned Commercial would 11 an acre The Comp Plan says overall 14 umts an acre 11 hawng that read on h~s property And so our fa'st 12 average over the City so we're less than the average that 12 proposal was a stmigbt road and we hadn't talked to hxm 13 the Comp Plan is looking for o 13 Yesterday we talked to him and swung ~t down And n s an 14 We have two major roads Loop 288 and 14 off sac ~ssue 15 McKtnney that we would connect to We have no adjacent 15 MS HOLT okay And what this is sort of 16 ex~stmg ncaghborboods We do have existing neighbors 16 au unusual shape here It looks hke it s very narrow m 17 across McKmney Street Transportation McKmney new 17 file front What kind of entrance is that going to be down 18 m~xed use collector running east/sooth or east/west and 18 there* 19 then Loop 288 And then the pubho schools w~th tile 19 MR BUSSELL Let me show you That's the 20 ~mpact that Pecan Creek Elemeatery would have Our 20 layout as we have it now It s a boulevard ent~ on 21 donated money and, hopefully for the conmaermal 21 McKxnney And It gees way back Like I said Ws ox cr 22 development to come on line That's all I have Do you 22 300 feet back to tile hrst budding Basically all we 23 have any questions* 23 needed the land we didn't need frontage on McKmoc5 24 MR MCNEILL conumssmner Holt has a 24 Wg JBSI needed access to McKmney and so we just needed 25 question 25 lairly narrow strip to get back to our proper~ get back PLANNING & ZONING COMMISSIONER APRIL 11, 2001 Page 45 - Page 48 35 CondenscltTM Page 49 Page 51 I to where we could budd Thank you very much 2 MS HOLT okay So. bastcally, unttlthls 2 Mn V~ILLIAMS yeah l have some questions 3 connection into Loop 288, this is just gomg to be a 3 for 4 httle island back there It's just going to be 4 MR MCNEILL oh Cmmmss~oner Apple your 5 surrounded I mean, you're not even going to be able to 5 light didn't come on Go ahead I see a now 6 see it at all, are you9 6 MS APPLE I wanted to ask a question of 7 MR BUSSELL Well, with the exception of the 7 staff for clanflcauon 8 signage 8 MR MCNEILL okay 9 MS HOLT Just the stgnage and just that part 9 MS tlUDSON MS Apple I need clanficaoon 10 on McKlnney9 10 wluch staff member d~d you need9 Was it Mr Sahnon or I'~ 11 MR BU$$ELL Right That's correct 11 MS API~LE whoever's case you Iguess 12 'vis HOLT okay Thankyou 12 Thankyou I mlust confused m our backup a says that 13 MR MCNEILL And when do you anticipate 13 11 notices were mmlcd out and two were received back in 14 starting col~structlon of - I think you don't have a nmne 14 laver of the request one was neutral et cetera And I m 15 for that but the curbed access road to 2889 I think that 15 hndmg that my backup deesnt agree with that Ive got 16 was a question I was hearing there, also Not Loop 288 16 a lcttm for another project and Ive got hke rune 17 but your loop, your connector 17 four and three neutral And could you kind of help me 18 MR BUSSELL Same tnne as the development 18 out on 19 MR MCNEILL okay That's what I thought, 19 MS HUDSON The way we looked at it Is the 20 they were going to go tn parallel 20 statement that ~s included m the staff report includes 21 MR BUSSELL Right And it's just of matter 21 only the property owners that are within 200 feet Mr 22 of - actually, it's jtlst a matter of working out the 22 Mulkey who I behove owns tlus property, as well as other 23 detmls of the road 23 surrounding properties submitted one letter of support 24 MR MCNEILL Right, but you're anticipating 24 tor each el his pmpert:es However lie's only one 25 - I think part of what, I think, concerns our ears 25 property owner so he only got counted once tn the staff Page 50 Page 52 I everybody won't have to come m off of McKmney because backup 2 you re going to have that access out to 288 as the 2 MS APPLE Was that explained to us at any 3 dcvclopmeat proceeds9 3 point m flus matcrml9 4 MR BUSSELL Right That's r~ght Itwdl 4 MS HUDSON Idon t think so 5 reduce the traffic significantly along McKmney 5 MS APPLE okay Because alse all we ended 6 MR MCNEILL okay Are there other questions 6 up w~th was the s~gnature and the addresses 7 for the apphcant Conumss~oners9 Comm~ssioner Wdhmns 7 MS HUDSON I tried to do that because 8 MR WILLIAMS Yes Okay Now turn lanes 8 otherwise your backup would have been twice as b~g and so 9 sound good but they don't work too well if you don't wideo 9 smcc h~s what I tried to do was show the case number 10 the street because all you m doing is just taking a lane 10 that he was referring m his posaion and his signature 11 away frem people 11 as well as the property that a was on 12 MR BUSSELL I agree No, we would widen ~t 12 MS APPLE okay Thanks 13 If you're familiar with Thc Fou.~atams et Denton that ~s 13 MS HUDSON sine 14 just west of this project we d~d the engineering design 14 MR MCNEILL conmussmner Williams 15 oa that 15 MR WU LIAMS Yeah Mr Salmon I'm 16 MR '~'s ILLIAMS SO yOU will w~den a9 16 concerned about the traffic on McKmney and the well I 17 MR EUSSELL YOU have to w~deo ~t yes sir 17 guess from the courthouse down to Ryan H~gh School on 18 There s not enough pavemeot there not to So you usually 18 McKmney And I'm concerned and Loop 288 m the 19 w~den it well Dave weuld know more than 1 do I'm not 19 mormngs 20 an engineer But I believe we widen a about 12 feet on 20 In oilier words because seems like how do 21 eaher s~de Is that abeut right t 21 you do your analysis'~ Do you th~s as an all day thing 22 MR -~X, iLLiAMS okay I think I need to talk 22 because after 10 00 o'clock there are two cars because 23 to David 23 t~verybody ~s gene 24 MR MCNE[LL okay Conumssioners do you 24 MR SALMON Thc trafhc analys~s that was 25 ha~c additional questions for the applicant? All right 25 performed on this is a peak hour analys~s They do PLANNING & ZONING COMMISSIONER APRIL 11, 2001 36 Page 49 - Page 52 CondenscltTM Page 53 Page 55 I trafhc counts all day long and detemune what the peek the conditions 2 hour ~s and then they base their reconunendatlons on that 2 MR RFICI-IHART I mean, future access or 3 peek hour 3 anything 4 MR WILLIAMS okay I'm really concerned 4 MR BUSSELL If I might, we w~ll commit to 5 about the traffic now and because there's traffic 5 build that road to 288 6 sometimes on McKmney backed up all the way up to McKmney 6 MR MORENO okay 7 Baptist Church 7 MR BUSSELL If you want to make that a 8 MR SALMON AS thc staff report nleeOons 8 condition 9 McKmney Street is already what we would consider 9 MR MORENO SO you wouldn't have a problem 10 over capacity So of course you know any adthoonal 10 with making that a condition'~ 11 traffic on McKmney Street at tlus pomt is going to add 11 MR BUSSELL we'll work out tho details el 12 to that Our ordinances allow us m require m~prov~ments 12 how we're going to pay for it That's our respon.,lblhty 13 that wdl m~agate traffic from the proposed development 13 But we'll make that commitment to build the road 14 but we cao't requlre the development to hx thc problem 14 MR MORENO All right Thanks 15 thatsalreadyexlstmg So when we look ai thesc, you 15 MS HUDSON Mr Moreno, lflmay 16 know we basically look at, you know, what improvements 16 MR MORENO Yes 17 can the development make that wdl not cause the traffic 17 MS HUDSON when the ordinance goes forv, ard 18 to be any worse than ~t already ~s 18 to City Council, one of the requirements that we're 19 And of course one of the most txtrnmg 19 putting in there is all of the conditions shown on the 20 movemeets are really what causes thc most conflict on a 20 zoning plan have to be abided by, and they are showing the 21 street such as McKmney and if you can get a left and 21 mixed-use collector which will be one of the conditions 22 right turn lanes at the entrance you're solwng a lot of 22 that they will have to comply with 23 thc problans that could possibly occur Now thc turn 23 MR MORENO I st~: Okay Thanks 24 lanes ~sn't going to change the fact or necessarily help 24 MR MCNEILL ~e there other questions for 25 that there may be some addalonal traffic at the 25 staff'> Let's see We ha~,e one card and a letter 1 nccd Page 54 Page 56 I ~ntcrsectlon of the Loop or down at Woodlow Lane, but it I to rt~ad Yes 2 will help keep the traffic moving as close to possible as 2 MR BUSSELL I Just wanted to add something 3 it IS now, at least in this area in front of the subject 3 besides that The zoning plan is just showing along our 4 property 4 frontage I want to make sure It's clear that we're not 5 MR WILLIAMS Okay Thank you Ms Hudson, 5 just talking about lUSt our frontage We're talking about 6 I notice where the density is 12 dwellings per unit, 6 the connection to 288 And that's not shown hers 7 whereas the Denton Plan calls lor the interim 7 MR MCNEILL Right I think that's a good 8 regulations calls for 8 8 units per acre And tn your 8 rt..fecence point because that was part of what I wa~ asking 9 recoiranendatton to approve, did you take the traffic 9 you I wanted to rnake sure that was clarified that that 10 consideration mixed with the density of this unit rote 10 road is going to go -- that you're proposing, even though 11 consldaration9 11 it's got some curvature in it, it's going to curve all the 12 MS HUDSON Yes, sir 12 way out to Loop 288 13 MR WILLIAMS oka~v Thank you 13 MR BUSSELL Right, as I showed 14 MR MCNEILL CO~mmssioner Moreno 14 MR MCNEILL Right Very good 15 MR MORENO This Is a question for Mr 15 MR BUSSELL Yes, sir 16 Retchhart or the Cham'nan We're considering a zoning 16 MR M(.NEILI ~X,e have one request to speak 17 change tomght on this case so that the illustrations they 17 Mr - if I can read your writing -- Yeldell Is that 18 made to us as a part of his presentation are really not 18 correct'~ 19 what we're considering tonight including the access to 19 MR YELDELL My nanae is Brent Yeldell I'm 20 Loop 288 Is that correct9 20 employed with Southwest Housing, the developer And 1 21 MR REICHHART I would think we would have to 21 would like to address you, Colv_mlssloners 'What vou're 22 consider access as part of the zoning 22 holding is a packet which represents our extended ,a ork 23 MR MORENO We would9 23 We pride ourselves in reaching out and trying to convey 24 MR REICHHART Yes 24 the development, get input from the cormnumty ,.~ ~thm the 25 MR MORENO I didn't see that as a part of 25 200, 500, and then even extending beyond that so 5ou'll PLANNING & ZONING COMMISSIONER APRIL 11, 2001 37 Page 53 - Page 56 CondenscltTM Page 57 Page 59 have tn your packet there responses from the corm~umty Mr Key 2 regarding that There was a bottom hne overwhelming 2 Ma YELDELL 1 know him only as a property 3 support for the project 80 percent of those that we 3 owner there I don t know v, here his other property 4 pursued did respond tn favor We had a 13 percent neutral 4 holdings are but he has been out of town He and I met 5 to tt and we had an ctght percent opposed 5 today and yesterday on the phone He had some mmal 6 We had an overwhelming response, naturally, to 6 concerns whmh were worked out and he was m favor of tile 7 the cotmnoretal development They see this as a good, safe 7 ~mprovement Aud at the 5 00 o'clock hour I also had a 8 environment at which your school children will come, do 8 fax come m from the Pun Pun owner as well who had 9 their homework, good quahty families, and they will be 9 been out of the loop somev, hat He called and wah 10 good customers, per se And there ts a high interest tn 10 explanatmn he was favorable as well I take it that 11 thc COlmnemtal area They have mtennons of developmg 11 this is the same gentleman 12 their properties once we make onset because they see one 12 MR R[SHEL That S what I wanted to know 13 ts gomg to feed the other 13 Thank you 14 We have letters I'd hke to read a letter 14 MR MCt~EmL conmussioner Holt 15 you have them from Staging Oaks Church of Christ, the 15 .ds HOLT I have a couple of questions for 16 second paragraph, our experience mdmates that the 16 Mr Sahnon What is the mnehne on Loop 288 widening 17 housmg needs of famthes tn our cmmnumty are not being 17 that and McKmney9 18 met 18 MR SAL'.IO'q well we ye been told that 19 In addition, tt la clear that the demand for 19 construction would most hkely start someUme m 2003 We 20 quality, affordable hou~mg and related services is only 20 met yesterday concermng flus pamcular development and 21 going to increase And then the last paragraph, you can 21 there was some representam es from the Texas Department 22 reference there, they have seen us meet issues, concerns 22 of Transportation there that indicated that it could be 23 of the neighborhood, and they have seen us adjust as we 23 somewhat later than that 24 can to meet that 24 MS HOLT Thls IS on 2889 25 Also, we are cmmmttmg $150,000 O0 to the 25 mR SALMON 288 Page 58 Page 60 roadway development and we're negouatmg with property MS HOLT okay ~qqat about McKmney* 2 owners for trying to work out the balance of llmt As you 2 MR SALMON McK~nney Street is listed for 3 saw the $250,000 00 adopt a school program, the school 3 2004 Again I know that they intend to do Loop 288 4 board is interested in that and has cited their opinion to 4 before they get to McKlnne3 Street And suspecting that 5 you In a letter which you now hold And you will be 5 they probably won tnmke their 2003 tnneframe for Loop 6 having about a $650 000 00 per year revenue from taxes on 6 288 I would find it probabI5 surprising that we'd see 7 this development and there will be some considerable 7 McK~nney Street ~n 2004 8 benefits to file City in that regard as well as meeting 8 So you know I guess to be on the safe side 9 the needs of famthes which we'll be addressing 9 Loop 288 ~s m that 2003 2004 timelrame for the start of 10 Traffic was an issue that we had In our 10 constructmn and McKmne5 Street would probably be a year 11 responses from tile neighborhood and that was generally met 11 or two after that 12 w~th fa~or when riley recognized the south exit which we 12 MS HOLT okay Thank you 13 are proposing We want that f. gr our residents, as well 13 MR MCNEILL conumssioner Moreno 14 And so we are working to that as we have expressed th~s 14 MR MORENO Mr Sahnon the applicant has 15 e~emng So I'll bring you some results there from our 15 proposed an access to Loop 288 along h~s southern property 16 efforts our lntea~st in the conmmmty and our 16 hne extending I guess towards the east ~ hook up wah 17 participation, and we'll submit it and ask tor your 17 Loop 288 Do 5ou know apprommately the amount et thc 18 approval for our project Thank you 18 d~stance between the mtersecuon at McKmney and Loop 288 19 MR MCNEILL I beheve we have a question 19 to h~s proposed intersection° 20 Conumssmner Rlshel 20 MR SALMON That s pretty close to about a 21 MR RISHEL 1 JUSt wanted to make sure that 21 thxrd of a mae ~ hmh is - ~ e use a third of a mile as 22 the Mr Key that you're working with on the property that 22 sort of a rule of thmnb for opUmmn signal spacing So 23 adjoins yours that connecls to 288 ~s the same Mr Key 23 and they're pretty close 24 that we worked with on another project on the north end of 24 MR MORENO SO that would fit fairly well 25 town And I just wanted to make sure that was the same 25 Because right now what s happemng ~s the traffic that s PLANNING & ZONING COMMISSIONER APRIL 11, 2001 Page 57 - Page 60 38 Condon selt rv Page 61 Page 63 I heading towards the mall is speeding up right there at Plan This section of the Loop ~s not shown as a 2 that point 2 restricted access freeway so we would treat it as we woukl 3 MR SALMON I would assume at some point tn 3 any other primary major arterml m the City We woold 4 time what we're going to try to do -- there's another road 4 allow drl,~eways and road accesses at hm~l intervals 5 on the other side of Loop 288 that starts up on McKmney 5 The apphcants hat e wsacd wah us on this particular 6 where thc -- I can't mmember the name of the apartments 6 location and we ~ere able to work with them tu get that 7 but Ws called Duchess Drive, and it kind of swings 7 spacing at about a third of a mdc whmh ~s really about 8 around and right now it dead-ends but it will eventually 8 what we want for ultimate s~gnal timing 9 come around and intersect Loop 288 directly across from 9 ',AR RtSHEL It Just seems to me that 15 or 20 10 whom this street Is going to hit So that will be a 10 years from now v,c re going to be k~ckmg ourselves m thc I four way intersection at sotrte point tn time and my guess 11 fanny for not making the whole Loop 288 mom restricted 2 Is that the some tlnle - when that mtersectlon is made, t 2 with regard to access so that we can use a for a loop 3 probably not too long after that, it's gmng to warrant a 13 around our cormTmmty And I m just hoping that we don t 4 traffic signal 14 - I hope that we re more farsighted than what we appear 5 MR MORENO SO you think them will be a 15 to be at this point tn time w~th regard to the access to 16 traffic signal there at that point anyway? 16 the Loop and bev, we go about tt And I hope tt deesnt 7 MR SALMON I would almost guess that 17 come back to haunt us tn future years neadmg m have 18 eventually them will be With the Texas Department of 18 auothcr loop and aoother loop bke we sometimes see 19 Transportation, you have to have a certain mxtount of 19 So I'm concerned about the direction that 20 traffic them before they wall put a signal them or allow 20 we've gone and I hke tile fact of what we've done on thc 21 aslgnal, even tf the Ctty pays for lt So -- but l thmk 21 north ead of the Loop Andlreahzewedtdttasa 22 there's going to be enough traffic them to have a signal 22 compromise and an agreement but I think a has worked 23 at some pomt in time 23 effectively for us to carry traffic and carry tt at a high 24 MR MORENO okay Thanks 24 speed And I think the more we could hmtt the access to 25 MR MCNEILL Cmmmsstoner Rlshel 25 Loop 288 the boner off ~;e d be Page 62 Page 64 MR RISHEL Mr Sahnon, I'm trying m I MR SALMON one th~ng I may be stepping out 2 understand the logm between why on the north end of the 2 on a limb a little bn but I know one of the things that 3 Loop we're lrymg harder and harder not to have additional 3 we re going to be proposing tn our Budget for next year ts 4 access onto the Loop and m fact going to less and less 4 a study of actually a study of this section of Lc~p 5 at grade crossings or closing off existing streets that 5 288 from McKmney Street down to I 35 very stmdar to the 6 try to end at the Loop at this point in time and 6 Teasley Lane study that we had a couple of years ago 7 encouraging on this side of the Loop having more access 7 But m addition to what we did in the Teasley 8 and additional hghts 8 study ',~e re also going to be addressing Issues on Loop 9 MR SALMON well when we adop~d our 9 288 tn terms of access and medmn opemngs and things el 10 Moblhty Plan I think tn December of 1998, we had made a l 0 that nature So if we're successful in getting that study 11 conmunnent to the Texas Department el Transportation to 11 funded m our next year's Budget I flunk we'll be taking 12 make thc Loop 288 from 380 East all the way around tu 12 a longer tenn look at tlus scct~on of Loop 288 Imean I 13 380 West a track route and al~ restricted access freeway 13 think ~e uoderstand perfectly that espesmlly w~th all 14 And so I mean our Mobihty plan has a thstmctlon 14 tile coounescml stuff going on especially down towards the 15 between that seenon of the Loop and th~s section of the 15 mall and Wal Mart that we need to do that 16 Loop 16 x~R RISHEC Thank you 17 In commiumg to makmg that northern port~ou 17 'via MCNE[LL O~ven the t~meframe they re 18 of the Loop a restrmted access freeway, I behove there 18 telkmg two years for braid out of this project, right so 19 was some cormmtment from TXDOT to accelerate funding and 19 a would be 2003 before it was actually completed And 20 ulumate construction on the piece of the Loop from 1-35 20 then you said thd I not hear you that 2004 would bc th~. 21 North around the Highway 380 West 21 start dale of some of tlus w~demng'~ 22 So I guess to make n long story short we have 22 MR SALMON R~ght We would anticipate a ;'3 a conmutment on tile north end of the Loop to have tt be a 23 start date on Loop 288 sometune around 2003 or poss~bl3 24 restricted access highway We've made some conmutments to 24 2004 25 TXDOT and tt actually shows that way on our Mobthw 25 '.m MC'.nIL[ so thc.se will be happening ~n ?LANNING & ZONING COMMISSIONER APRIL 11, 2001 39 Page 61 - Page 64 CondensoIt m Page 65 Page 67 parallel by the tn'ne - yeah Very good Okay Thank I mean I heard about the meeting but then the second 2 you Are there other questions9 Coremisstoners, do you 2 one I got smd something about between 200 and 500 feet ot 3 want to hear from the applicant again9 3 the property The way the map looked I m within 200 4 MR RISHEL clartfleatton9 4 tent Okay* My questmn ts wuh the traffic like Mr 5 MR MCNEILL Yeah, clarification Corne on 5 Wdhams smd It takes mt. 30 m~nutas some mornings to 6 MR YELDELL Information relatmg to some of 6 get out of my driveway Okay* A turn lane ~s not going 7 your questions that I had from Mr Snow at Texas 7 to help if they m putting a turn lane right m front of 8 Department of Transportation, the -- his cotm'nents to me 8 th~s una It wdl take even longer for me to 8et out I 9 were that as they begin their work on 288, they were also 9 hve or I work right on the Loop which the traffic again 10 going to do the work at the Intersection of McKmney so 10 m the mornings trying to get to my job which ts at Lowc s 11 that they would not have to come back and do tt again 11 Home hnprovement Center to get to the Loop is time 12 And his indication was that they were going to unprove 12 consuming and then trying to get onto my job there I 13 that intersection down to Piggly Wiggly, I think the road 13 mean ~t would help when they get the roads widened but I 14 that runs there to the west of Piggly Wiggle which is real 14 just don t know how the turn lanes am going to work 15 close to us and we were excited about that for the rehef 15 The other question I have ~s where my propert5 16 that would generate to our residents 16 ~s to this the way th~s ts showing that it's carving 17 And al.so mfon'nation we have from his ts that 17 down Who owns the property that would be behmd my 18 there will be a -- that 288 wall be a six-lane, I beheve 18 property* This fencing 1 guess there's going to be 19 It Is, widening there so that will be, again, some relief 19 fencing coming through here because that would be an open 20 and we are interested in an intersection and a stop light 20 field that s left unattended I was under the assumpnon 21 there for the benefits there and we may wind up 21 a was from the property owner that has where this ~s 22 participating in that, as well 22 going to begin at Who would know that* 23 MR MCNEILL Very good Thank you For the 23 xta MCNEILC I don't think the propev~ that 24 record, I should make sure -- I think everybody was hande~ 24 you're descrthmg there ~s part of this consideration 25 a copy of this but Mr Holloway, the Director of Planning, 25 It's just the long neck piece that we're talking - and Page 66 Page 68 I there's a letter in support of this particularly based I then this flat p~ec¢ down the front 2 upon the revenue and so lorth And so it should just be 2 Ms HEST^NO okay Does th~s come towards 3 noted that that's - 3 Mockingbird bern? 4 MR RISHEL YOU might mention Director ol 4 MR MCNEILL YeS 5 Planning Of what? 5 MS UESX^SO okay Because my property ~s 6 MR MCNEILL Director of Planning for the 6 right here and the way the map that I got ~n the mad was 7 Denton Independent School District 7 that it came down across Well my property comes here so 8 MR RISHEL People retght think we have a new 8 then that would leave a strip 9 one We don't want to lose the one we have 9 MR MCNEILL That s another property owner 10 MR MCNEILL where ts Mr Powell9 Is he gone 10 that owns that That s not the apphcant 11 already? Okay Thank you for that clarification All 11 MS HEST^ND okay Well, that s what I'm 12 right So ts there anyone else in the audience who would 12 saying I was under the assumptmn that it was the 13 like to address this issue9 .~.nyone else in the audience9 13 apphcant because the way the fencing is a comes from 14 Please collie forward 14 h~s property hne So how would I find out who owns that 15 MS HESTAND I didn't fill out no paper 15 stnp and what they're going to do w~th that? Are they 16 because this Is the first tune I've ever been to this 16 just going to lea',e it a 17 MR MCNEILL That'sallright Stateyour 17 MR MCNEILL Idontknow Idon'tthmkthe 18 name and address and just take your tune 18 appheant has any control over that 19 MS HESTAND My name is Loretta Hestand and I 19 MR ~USSELL Mr Mulkey ts currently the 20 live at 3300 East McKmney And I received two letters in 20 owner of this entire tract Mr Mulkey would still be the 21 the mall 21 owner of that section 22 MR MCNEILL YOUr name lS9 22 MS HESTAND okay Well that s what I was 23 MS HESTAND Loretta Hestand 23 trying to find out because hke I say there's just going 24 MR MCNEILL Okay 24 to be flus one hnle strip trom where this was coming m 25 MS HESTAND I was a little confused over the 25 and that s why I was saying who's going to be what s PLANNING & ZONING COM/VlISSIONER APRIL 11, 2001 t~0 Page 65 - Page 68 CondenseItTM Page 69 Page 71 going to happen to that because that's just going to be I The access points and traffic measures have 2 hke a little bare land there 2 been m~tigated to the extent possible and their 3 The other questmn I had is they were talking 3 wdhngness to do the Loop the connectors on the west and 4 about mnmng a road from east to west art: they coming 4 the south is typically above and beyond what we see out et 5 from Meckmgb~rd to the Loop from the south side';' 5 most developers In addnlon the conmmmVJ center here 6 MR MCNEILL I 11 let the applicant answer 6 that will serve the same function as a meeting place for 7 that 7 the entire coimnuntty, it's not just for the people who 8 MS HESTAND tmsorry I'mjusttrymgto 8 hvehere It s for the people who hve to the north to 9 figure out 9 the east and to the west so that they can coine They can l0 MR BIJSSELL That S fine We don't own this 10 bring their k~ds They can do tutoring those sorts ot 11 property located here We don t have control o,,er that 11 things 12 So what we would do ts we would budd a road from our 12 The addmonal money that they are looking at 13 properly here on Mockingbird We would basically build 13 providing to tile schools Is certmnly something else that 14 th~s secnon of Mockingbird and then build from here to 14 we do not see from other developers All those factors 15 here So we would basically braid all tile way 15 am the reasons why we am recotmnend~ng approval wah the 16 MS HFS'rAND okay That's what I was trying 16 condmons that you see m your staff report 17 to find out where the road was coming out east to west 17 MR MCNEIl l Don't leave the podium I don t 18 because then that would be behind my property That would 18 see any hghts but I have a quesUon, and really it's a 19 help some of the traffic that is on McKmney and the Loop 19 question for our legal counselor The condition No 3 1 20 when we m trying to get through there Okay 20 don't see how that can be put on ~ because we don t 21 Ma MCNEILL That's correct That's exactly 21 know what that s going to be We don't know what file 22 correct VelT good Thank you Is there anyone else in 22 conditions of multi famdy s~te design wdl be when tile 23 the audience who would hke ~ speak to the issue'~ Anyone 23 Code is finally passed And so to put that on as a 24 else'~ Is them anyone else who would llke to speak? Is 24 condition 25 there anyone else who would hke to speak9 All right 25 MR SNYDFR what that ~s saying ~s whatever Page 70 Page 72 Thank you Is the apphcant -- would you hke to make any the current multi fmmly design draft is, we would make an 2 closing com.ments since there's been some questions9 2 exhibit to the ordinance approvmg this 3 MR BU$SELL JuSt one colm'nent, and I wasn't 3 MS HUDSON And that ts In regards to 4 going to bring this up but I've been working so long with 4 building setback hnes 5 the Chmnber on the draft Code and lookmg at the.map, this 5 Ma SNYDER we've done that before Well, I 6 currently on the map ts zoned for this density And as 6 have prepared the draft ordinance and that's what we're 7 multi-family developments go, it's pretty low density We 7 going to do on this What we'll do ts we'll attach tt as 8 do have a lot of open space And with provtchng the 8 an exhibit to the actual ordinance whatever the sttc 9 connection to Loop 288, I beheve we really -- will 9 design 10 actually take most of our traffic down to 288 mstead of 10 MR MCNEILL But I guess the way the 11 McKmney It will lust be easier to get tn and out And 11 condition states, tt says prolects shall be designed to 12 that was basmally tt 12 meet the multi-family design standards -- design 13 MR MCNEILL Okay. Seeing no hghts, we 13 requirements of the draft Development Code It doesn't 14 thank you So having had no other requests to speak, I 14 say as presently written It says of the Development Code 15 will close the public hearing and ask staff tf they have 15 and we don't know what that's going to look like 16 any closing cotmnents 16 MR SNYDER NO, the clarification when 17 MS HUDSON In closmg, what we've l. ooked at 17 they're ~aytng draft, they're talkmg about the draft 18 ts we have, when we were looking at whether or not to 18 that's currently tn existence 19 approve this project, we were looking at a multttude of 19 MS HUDSON That's correct 20 factors We were looking at the Comprehensive Plan We 20 MR SNYDER DO you have those with you9 21 were lookmg at the draft map We also took into 21 Ma MCNEILL well, I'm famthar with that 22 consideration the traffic and the proposed accesses, 22 My question really ts 23 access pomts that they are taking, a~ well as the 23 MR SNYDER It will be an exhibit to this 24 density And baaed on all these things, we do feel that 24 ordinance 125 tt rneets the intent of the Denton Plan 125 MR REICHHART We could lust clarify that to ~LANNING & ZONING COMMISSIONER APRIL 1 1, 2001 61 Page 69 - Page 72 CondonacItTM Page 73 ?age 75 say as currently exists on this date, If you want excepnon to that9 2 MS HUDSON On the date that exists as of 2 MS HUDSON Yes 3 4 11 2001 3 MR MCNEILL sothen:twon'tbejustan 4 MR MCNEILL Because, as we all know, that's 4 atmcluneet You'll have to have this exception to that? 5 a dynmmc docmr~ent right now 5 MR SNYDER NO we're going to have an 6 MS HUDSON That's right If you want to set 6 exhthtt and tlmt exhibit wdl have these s~m design 7 It to mad the draft that exists as of today's date, that 7 conditions m :t So all we really have to do is change 8 would work 8 that 9 MR MCNEILL well, I guess -- 9 MS HUDSON we 11 have to change one number 10 MR SNYDER we're going to make -- maybe I 10 MR SNYDER we 11 change that number on the 11 didn't make myself clear We're going to take a copy of 11 exhibit 12 thesesttedeslgncntenaformulti-f~umly We'regomg 12 MR MCNEILL In the exhthtt that you attach 13 to make it kke an exhibit and attach tt to the ordinance 13 because it's not okay 14 So the fact that It's part of the draft Development Code 14 Ma S~.'YOER Thai s what I would recmumend 15 Is really nm'natenal What v,e're saying is this zoning 15 MR MLNEILL okay All right Coimmssioee~ 16 will have -- the pro3ect plan will have to meet those 16 W~lhams 17 conditions 17 ME WILLIAMS I m glad you brought up that 18 MS HUDSON And that Is m regards to 18 point because I can't see where we can even discuss 19 specifically building setback lmes 19 something that's a "what ~f' Because I don't think that 20 MR SNYDER IS that not clear'~ 20 he s going - his project is a "what if" project because 21 MR MCNEILL That'a clear 21 he s not braiding :t w~th what :f" matcaal 22 M~, HUDSON Building orientation 22 And I think ffyou change ~t tojust say the 23 MR REICHH S, RT Internal street 23 staff recolram.nds thc site design and g~ve ~t a number or 24 MS HUDSON And the internal street 24 something and be specific about what you recoiumend but 1 25 configuration 25 don't tlunk the draft Code Development Code should ewn Page 74 Page 76 I MR MCNEILL SO while I'm still asking my I -- because we haven't even discussed in very much detail 2 quesUon then, what was the origin of that condmon'~ Why 2 the thing~ that we are putting on there 3 did you impose that° 3 If he agrees to it, that's fine But, still, 4 MS HUDSON I think Mr Relchhart would be 4 why have something that if he decides he doesn't want to 5 better to answer that question than I would 5 do it, it's not legally binding on him because a draft is 6 MR RE1CHH4.RT well, those conditions coane 6 not lagally binding because it's not -- 7 from the preference testing that we had performed and the 7 MR MCNEILL It's a draft 8 consultant's recolm'nendattons Quite honestly, we think 8 MR WILLIAMS It's a draft by the word of 9 it's a better design for apartment complexes, whether that 9 dralt 10 Code gets approved or when it gets appro~,ed We just 10 MR SNYDER That's really not true because 11 believe that it is a superior design features than what 11 what we're doing is we -- for one thing, we could lust 12 are currently being built for apartment complexes It 12 eliminate the language draft Development Code We could 13 provides more open space It provides for an internal 13 make a copy of these site design conditions We could 14 street section 14 label them as an exhibit and we could merely make that a 15 The houses are built - the apartments are 15 part of your motion, If the concern is with the words 16 built up to the street Parking is m back of them 16 draft Development Code, or you could just snr~ply decide 17 instead of having large parking fields There's play 17 not to make that a condition That's your pleasure 18 areas And I behex e the applicant has agreed to design 18 MR MCNEILL I understand that 19 their complex that way 19 MR SNYDER But to make it legally binding 20 MS HUDSON That Is correct The only thing 20 and enfomeable, I agree with you, tt should be made an 21 that on the area where the clubhouse and the buddmgs are 21 exhibit and have tt as an exhibit of the ordinance And 22 adjoining to that, their block size on that ',,',ill be five 22 if you're concerned about that language, you could always 23 acres instead of three acres That's the only thing that 23 ehmmate that In your motion 24 they're not able to meet 24 MR MCNEILL That's really -- I don't see any i25 MR MCNEILL SO then are we going to make an 25 other lights to respond That was really my concern PLANNING & ZONING COMMISSIONER APRIL 11, 2001 42 Page 73 - Page 76 Condons¢ItTM Page 77 Page 79 because that s amox lng target And ff the applicant I ~s gems to be something that we're not really going to be 2 agr~s and staff agrees then I don't have a problem with 2 able to enforce legally 3 attaching a set of whatever you want to call them, 3 MR MORENO SO even though he's corarmtted to 4 exhibits or conditions or whatever then there's a legal 4 ~t? 5 docmneat them and he knows what he's got to do to meet tt 5 MR REICHHART The apphcant has comm~ited to 6 and then that's a measurable standard and we can go 6 tt I think we can make that a condition 7 for~ard with it 7 MS HUDSON ne has cmmmned to work w~th the 8 MS HUDSON That mfomlatlon is on my desk to 8 property owners however the property owners are not here 9 be presented to Mr Snyder tomorrow morning as part of the 9 tomght to have their property 10 ordinance 10 MR REICHHART what I heard was they ] l MR MCNEILL okay Very good Thank you 11 co~mmtted to do it period So I th~nk we can make that a 12 Okay Are them other questions for staff'? Is them a 12 motion 13 motion or is them adtht~onal d~scussion, I should ask'~ 13 MR MCNEILL A condition 14 Isthemaddltlonaldlscussionoramotmn? 14 MR REICHHART ^conthtlon thankyou ] 5 MR MCNE[LL COlIalussloner Oourdle 15 MR MORENO clanhcation Would you have 16 MS OOURDIE could you please define exactly 16 some suggested wording Mr Re~chhart, for that condmon ~ 17 what you want No 3 to relld9 Do you want ~t to read as 17 MR REICHHART ACCESS tO Loop 288 shall be 18 site design requirements according to Exhlba No 1 ? 18 pmwded by th~s development or something to that affect 19 MS HUDSON The site design standards wdl he 19 MR SNYDEa what type of roadway ~s it gomg 20 page 20 to be'~ 21 Ma SNYDER Just pull it out of your book, ff 21 MS HUDSON It's going to be a collector 22 you don't mind We can always replace tt 22 MR SNYBER okay Just make a motion that a 23 MR MCNEILL with the one change that was 23 collector concrete curb and gutter street wdl be 24 recommended In terms of lot s~ze condition 3 24 constructed from this development to Loop 288 as whea 25 MS HUDSON AbOUt the bottom tlurd el' the 25 would that have to be bmlP Page 78 Page 80 first page under lot size, tt should say five I MR REICHHART AS part of the project plan, 2 MR SNYDER whoever ~s gems to make the 2 they could show ~t 3 motion, could just simply make the condition No 3 show 3 MR SNYDER when will that -- 4 the exhtbtl; marked 4 MS HUDSON The problem they're running into 5 MR MCNEILL COlmXussloner Moreno 5 is that the propemes here and here are not theirs They 6 MS GOURDIE oh, I was going to make a 6 don't own this property and so they're gems to ha~e to 7 motion I'm sorry 7 work with the property owners to -- 8 MR MCNEILL DO we have a motion9 8 MR SNYDER 1 understand but they co~maaated 9 MS GOURDIE I WaS asking a question to make 9 to doing that They said they were gomg to work that out 10 a motion 10 themselves So the question ts when would it be 11 MR MCNEILL oh, I'm sorry I thought your 11 MS HUDSON 1 would say upon completmn of 12 hght had gone off I'm sorry Go ahead 12 the project 13 MS GOURDIE well,.they always remove your 13 MR REICHHART I lilean, maybe we can ask 14 light once you start speaking 14 David 1 don't know if there's a phasing meehantsrn of 15 MR MCNEILL okay 15 MR SALMON Well, I'm assuming they're going 16 MS GOURDIE unless, Mr Moreno, you want to 16 to plat this all as one lot at one time so, really, the 17 go ahead and make a -- 17 only way to do it Is to, you know, when they plat thc 18 MR MORENO well, I do have a question In 18 property before they file a plat is to have a development 19 regards to a potential motion 19 contract, and then they would have to braid tt up front 20 MS GOURDIE okay Go ahead 20 MR REICHHART what we mzght be able to do to 21 MR MOREX, O DO we need a condition No 4 21 give the applicant a httle bit of tnx~e and for us to 22 requiring the braiding of some type of access to Loop 288s 22 research that ts to say the development or the 23 MS HUDSON AS the traffic ~mpact analysis 23 construction shall be deten'mned with the approval o! a 24 dzd not require off site improvements to those areas, I 24 project plan I mean, they have to come back through a lth 25 think that the nexus between their site and that condition 25 a project plan At that time. they'll show the ahgnment PLANNING & ZONING COMMISSIONER APRIL 11, 2001 Page 77 - Page 80 /*3 Cond~ns~ItTM Page 81 Page 83 I of the road that they worked out and we could at that addmonal quesUons9 2 time we could say it will be built, you knew, as pan of 2 MS OOURDIE well I m confused about tins 3 Phase I or as par~ of Phase 2 or something like that 3 road still I don t recall ever us even though it's 4 MR $NYDER well that s up to the Con'alussion 4 conumt~ed to saying that a person can develop something 5 how they want to word that but we have to be careful to 5 on somenne else s property without their consent and 6 ,nord the condition to a point at which we would have some 6 done So I really would hke Mr Busscll to clear this up 7 control I think what Mr Sahnon is saying is once they 7 for us 8 get the final plat approved, we have to take care of it at 8 MR OUSSELL ^cntally we do that all the 9 least by that tune So you could make the motion that it 9 tune wah water and sewer because you've got to get pubhc 10 has to be the unprovementa have to be provided for the 10 mlpruvements to serve your s~te and you've got to get 11 construction Improvements have to provided for in a 11 off s~te easements /un I nght'~ I mean it s done all 12 dexelopmentagroementatthet~meoffinalplat AndI 12 rhetoric It s just not with traffic Traffic is ,,~sible 13 thlnklfyoudldthat you would be covered 13 andyouseea Wlthsewer ~t's notws~ble youdont 14 MRMCNEtLL ,~tthetm~eoffmalplat So 14 see it and you don't know lt s there So~tsdooeall 15 thal s the buzz word 15 thetlme Helpmeout Ed Wellcenumttobmldthc 16 MR SNYDER Yes sir 16 road We're going to budd thc road i7 MR MCNEILL cormmssloner Moreno do you 17 MR REICHHART If they can't get an alignment 18 stall have additional questions'~ 18 through the adjacent properties they don't build tins 19 MR MORENO I tNnk I'm tlu'ough w~th my 19 And really what we're saying ~s that ~t ~s so important to 20 questions I'm just trying to hgure out a condaien 20 havc that access out to Loop 288 that the only way that 21 MR MCNEILL okay All right Commissmner 21 we would recommend approval is to have that access Il 22 R~shel 22 they can't get it, tins development doesn't get bmlt 23 MR RISHEL l,lust headed a clarification 23 MR MCNEILL They have to come back for final 24 If tins was a Planned Development it would come back 24 plat And when it comes back we could w~thhold approval 25 before us But as a piece of zoning that will be 25 of final plat if there was not an agreemeat to develop the Page 82 Page 84 Multi Fmmly Conditional, why would tt come back be[om I access road to Loop 288 2 us, Mr Relchhart9 2 MR BUSSELL Based on the condu~ons and 3 MR, REICHHART It wouldn't 3 zomng not being completed 4 MR RISHEL It would not That's what I was 4 Ma MCNEILL alght 5 thinking Tlus isn't a Planned Development 5 MS oolmoIl~ Then why don't we demand that 6 MR REICHHART But It weald come back to City 6 people that have ad.lmmng properties upgrade and improve 7 Council for a project plan 7 adjoining properties on the roads because these - it ,lust 8 MR RISHEL It doesn't come back to us 8 to me doesn't make much sense that we can even though 9 though9 9 they conumtled to it we can say you have to do it, but 10 MR REICHHART correct 10 yet, development comes tlu'ough all the time where they re 11 MR RI~/HEL That's my point I was trying to 11 not reqmred to upgrade the road past the point of their 12 make 12 lot 13 MR MCNEILL cotm~sstoner Wdhams 13 MR S~rVDER I think the reason why they made 14 MR WILLIAMS Yes I'm kmd of a slow 14 the otter ~s because they thought INs was going to be 15 learner I'm hearing one person say this -- we've got 15 demed ff they didn't 16 some what tfs Now, Ineedalegalopmton If he 16 MSOOURDIE well no Ithlnktheydldlt 17 decides next week I'm not going to build this road, will 17 because they ve proven themselves that they go above and 18 that condition be legal and binding9 18 beyond the call of duty and that s how they do business 19 MR SNYDER If you tie it, as I said earher, 19 here But I'm just saying that from the point of view of 20 to the fact that he has to have a development agreement at 20 me personally as a Planning and Zoning Commissioner I 21 the tune of final plat to provide for the construction of 21 am just very sttrpnsed that we are asking them to make a 22 that - those improvements, you could withhold budding 22 conumuneat even though they vocahzed it here to somctinng 23 pen:airs tf he d~dn't build tt So, yes, tt would be 23 that they don't have in wrmng from Mr Key or Mr 24 MR WILLIAMS Thank you 24 Mulkey 25 MR MCNEILL Cotramsstoners, do you have 25 I mean that to me is just that worries me ?LANNING & ZONING COMMISSIONER APRIL 11, 2001 44 Page 81 - Page 84 CondenscltTM Page 85 Page 87 that we're saying immediately that, sorry, we're taking beyond your property and cot'fa'mt them to it tn paper I 2 the property And I'm going to say I don't want to make 2 find that a httle - I just don't tf it's going to 3 tt a condition That's my whole thing I trust that 3 happen, it's going to happen, and who pays for it ts a 4 they're going to do tt because I know that that's the type 4 whole other issue And tf they want to pay for it, th~.y 5 of developer they are 5 can work that out in the back side with Mr Key and Mr 6 ButI'mjustsaymgtosaythtsandallofa 6 Mulkey They don't have to do it with us So that's what 7 sudden, let's just say for some ungodly reason the world 7 I'm arguing is the point Is that if it's going to happen, 8 falls apart and they can't do the development, period, and 8 it's going to happen, but I don't think that we should 9 they're stuck with trying to get the development and they 9 have to put tt hem tn case something horrible were to go 10 only have one access out, this whole road ts holding the 10 wrong So I'm not gomg to make the motion if that's 11 whole thing up, is that fair9 Is that the correct thing 11 included in tt 12 that we're doing? 12 MR MCNEIL[ colmnissioner Rlshel 13 MR REICHHART They could also -- tf they 13 MR RISHEL I would like to support this 14 tried and couldn't get the road tn, they could always coine 14 project but I totally disagree with the direction of 15 back and have that condition removed And they'd have te 15 trying to put additional traffic on Loop 288 and then 1 16 have masons for that and why this development would still 16 totally disagree with the fact that I've been three year~ 17 work People colne back to amend conditions all the time 17 on the Planning and Zoning Colmmsston and have tried to 18 It really should be viewed do we want the road or not and 18 work with the property owner who's adjacent to th~s on 19 it's up to the applmant to get the road built, ported 19 another piece of property, which was very, very dllhcuh 20 MS GOURDIE well, I'm just thmking on 20 to get worked out and never was worked out And ~o I'm 21 Regency Oaks, all tt was was a stub out and the 21 really having a difficult time I don't see this as a 22 development could have happened one way or the other if 22 I mean, I see this as a stand alone subdivision and I 23 that stub-out did or did not happen They were still 23 think its access to McKmney street, although it's not 24 permitted to make the development happen 24 great, I would hate to think about the tmffm coming onto 25 MR REICHHART But on Regency Oaks, the 25 Loop 288 and making one more piece of roadway less Page 86 Page 88 I mnount et traffic being generated by the nmnber of heroes I u'avelable And a s a very awkward sauatton wa have 2 out there didn't justify hawng to budd rite road out 2 hem 3 And I think we'll be seeing mom and more developments 3 MR REICHHART I would JUSt hke to point out 4 that are commg In that we are going to require off site 4 on that whether we have access threctly to Loop 288 or 5 ~mprovements because the magnitude et that development 5 people go up to McKmney and then go onto Loop 288 ff 6 warrants that But on a small subthwston ~t just 6 thay'm heading m that direction they re going to use 7 doesn't warrant that much off site unprovements 7 288 one way or the other and that would just put mom 8 MR SALMON A couple of things I m~ght offer 8 traffic on McKlnney And that s part of our connect~wty 9 also m relatmn to this ns that th~s particular road Is 9 that we re trying to get you know to prowde more than 10 shown on our Mobthty Plan as a collector street So you 10 one access out of any one subthws~on And I think stall 11 know even ff for some reason this development thdn't 11 would rather see flus development wah ~,vo means of 12 budd when Mu' Key or Mr Mulkey braid developments on 12 access as would fire and police 13 their property, they would have. to build at least a 13 MR RISHEL well the other means of access 14 portion of that road thcn'nselves So we have that going 14 would certainly be you know accessthle to Mockingbird 15 for us 15 wlnch looks hke another point of access also And as I 16 In addition because it is on our Mobthty 16 said my struggle w~th th~s ~s I think what we have done 17 Plan and if ~t becomes a pubhc need to have that road 17 on thc north part of Loop 288 is the right threctlon for 18 the City Councd could always choose to use eminent dommn 18 us to go where a prowdes a road that has very hm~tcd 19 ff they thought that was appropriate 19 access to us and allows us to move item one part of town 20 MS GOURDIE B~IOg that It ~s on our Mobility 20 to another part of town w~th some speed and direct~on and 21 Plan then this Is a moot point because the road is going 21 safety 22 to show up there whether you know Southwest Housing 22 And I th~nk the sooner we move toward that 23 Developnmnt does it or if Mr Key dees it or Mr Mulkey 23 and 1 think thc new traffic study and I cmmnend Mr Sahnon 24 Soroeene Is going to do th~s mad They ye committed to it 24 for helping to initiate the traffic study that's going to 25 and they're working on it but to say that you have to go 25 lurther look at what that need needs to be on that ~LANNING & ZONING COMMISSIONER APRIL 11, 2001 45 Page 85 - Page 88 CondenseltTM Page 89 Page 91 particular piece of road And as I say, I look forward to MS GOURDIE 1 will accept that 2 that coming to our Coiranisslon and finding out what that 2 MR MORENO SO will I 3 study says But as it stands right now, connecting this 3 MR MCNEILL Okay Commissioner Williams 4 particular apartment complex with 288 I think ts the wrong 4 MR WILLIAMS We found a way to get around 5 way to go 5 Jake's barn and still get some business taken care of 6 MR MCNEILL Additional comments9 Anyone 6 around here 7 have additional comments or a motion~ Mr Moreno 7 MR MCNEILi All right Cowamssioner Apple 8 MR MORENO If Ms Gout[he would make the 8 MS APPLE l'm going to be voting against the 9 motion with the first -- 9 mo[ton only because McKmney Street is already exceeding 10 MR MCNEILL GO ahead, Ms Gourdie 10 what it's allowed for currently and m good conscience 11 MR MORENO If Ms Gourdte would make the 11 right now I can't vote for anything that would be sending 12 mot[on with only three conditions, I would support that 12 more traffic out onto McKlnney and/or the Loop 13 motion, I think 13 MR MCNEILE I don't see any other hghts 14 MS GOURDIE oh, boy, I get to pick three out 14 I'm going to vote for the project because I think it's 15 of four 15 well designed, well thought out I think the conditions 16 MR WILLIAMS well, when I think about 16 are appropriate Since the applicant does agree to the 17 additional traffic since I travel flus road, that's the 17 Attacbanent 3, the attaclmnent which addresses issue 3, 1 18 only I'm going to support tt 18 think that the connect[on up to the Loop -- up to 19 MR MCNEILL colmmssioner Gourdie 19 McKmney, most of those people -- m the first place 20 MS GOURDIE I move to mconunend approval of 20 what's going to happen, it's going to be two years before 21 zP 01 o003 with the following conditions the note 21 it's finished so by the time the place is built out and 22 regarding roof pt[eh be mnanded to reference the 22 the residents are there, the amount of traffic, sure, it's 23 surrounding houses rather than the houses to the east, the 23 going to add some, but I think the TXDOT will begin to 24 monument sign shall be placed a minimum of ten foot fron 24 alleviate some of the problems So I think - I'm totally 25 respective property hnes, and the project shall be 25 in support of it so I'I1 be voting for tt Page 90 Page 92 designed to llloet the multi-fmmly site mqmrements of Are there additional co[reheats9 Con~rmss~oner 2 Exhibit I in the draft Development Code, this one 2 Gourd~e 3 MR MORENO Second 3 MS GOURDIE I just want to say again thank 4 MR MCNEILL SO I think -- Colm'aisstoner Holt 4 you for the opportumty to help our schools with the extra 5 MS HOLT I'd like to offer an amendment 5 adopt a school funds and I'm appreclaave of you looking 6 MR MCNEILL GO ahead 6 out for oar chddren Thank you 7 MS HOLT That access to Loop 288 from the -- 7 MR MCNEILL comlnlssloner Wflhams 8 a~ a collector road with curb and gutter, whatever it was, 8 Ma WILLIAMS nasmally the add~aonal road 9 at the tune of the final plat 9 pretty well sold me on the project because I and I do 10 MR~ MCNEILL WhO seconded the motion 10 also concur w~th Conumss~oner Apple ~n that we have to be 11 originally9 11 very very even though we need affordable housing we 12 MR MORENO I did 12 can t get to the point to where we let housing supersede 13 MR. MCNEILL Mr Morano, would you accept 13 infrastructure 14 that9 14 And ~t we and a s kind of hke a famdy 15 MR MORENO Would you ask Ms Gourdie first° 15 Sometimes we have to cut costs to catch up and cut other 16 MR MCNEILL oh, I'msorry Mym~stake I 16 th~ngs And hopefully the other developers are 17 went to the second I apologize 17 hstenmg and reahze thai unol McKmney ~s fully 18 MS GOURDIE Are they required to pay for the 18 developed Ws going to be hard for mom traffic 19 whole thing9 Are they required -- is that what you're 19 Ma MCNE[LL okay Very good Are there 20 saying or are you j us[ saying that there needs to be an 20 addmonal cmranents or are you ready to vote9 All right 21 access road9 21 Let s vote on the board Mo[mn passes 5-0 22 MS HOLT I'm not mentioning who pays just 22 (COMMISSIONERS RISHEL AND APPLE VOTED IN 23 that tt - 23 Oe?OSITION I 24 MS GOURDIE okay, a road needs to be there9 24 95 MS HOLT A road needs to be there 25 PLANNING & ZONING COMMISSIONER APRIL 11, 2001 Page 89 - Page 92 46 ATTACHMENT 3 NOTICE OF PUBLIC HEARING ZP-0t-O003 The Planning and Zoning Commission of the City of Denton wlll hold a public hearing on Wednesday, April 11, 2001, ,to consider recommendlng approval to City Council the Zoning Plan, commonly known as 3502 E McKInney, from an Agriculture (A) zoning district to a Multi-family-conditioned (MR-1 [c]) zoning district, The 22,0 acre property is located on the south side of McKinney, less than 1000' west of Loop 288 A multi-family complex is proposed The public hearing will start at 6 00 p m In the City Coun¢ll Chambers of City Hall located at 215 E McKInney Street, Denton, Texas, Because you own property within 200' of the subject property, the Planning and Zoning Commission would like to hea( how you feel about this zoning change request end invites you. to attend the public hearing. Please, In order for your opinion to be taken Into account, return this form with your comments prior to the date of the public heanng. (This In no way prohibits yoU from attending and participating in the public hearing ) You may fax it to the number located at the bottom, mall It to the address below, or drop It off In-person Planning and Development Department 221 N. Elm Denton, TeXas 76201 Attn= Beth HudSon, Planner I The zoning process Includes two public hearings designed to provide opportunities for citizen Involvement and comment Prior to the public hearings, landowners within 200' of the subject property are notified of the zoning request by way of this notice The first public hearing Is held before the Planning and Zoning Commission The commlsslon Is Informed of the percent of responses In support and in opposltlen. Second, the zoning petition Is forwarded to the City Council for final action providing the Commlssloh recommends approval, Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than 20% of the land area within 200' of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of landowner opposition , ~..,'"' ~ Please circle one: ~"~ favor of req Neutral to request Opposed to request ---- j Comments: Printed Name Mailing Address 7 ~,o ~"o~,~.r~7 ~.~o(& /J Telephone Number, ~ 7Z- ~ Z - /z~ o Physl~l Address of Prope~ within 200 feet 3~/~ /6,/~ ~oo~ CI~ OF DENTON, T~S c~w HALL WEe~ · ~""TON, T~S 76201 · ~0 ~9 8350 · (F) 940 349 7707 Flleneme 4 7 I NOT'rCE OF PUBL'rC HEAR'rN6 ZP-01-0003 The Planning and Zoning Commission of the City of Denton wdl hold a public heanng on Wednesday, April 11, 2001, to consider recommending approval to C~ty Council the Zoning Plan, commonly known as 3502 E McKInney, from an Agriculture (A) zoning d~stnct to a Planned Development (PD) zomng district The 22 0 acre property is located on the south side of McKmney, less than 1000' west of Loop 288 A m_ultl-famdy complex ~s proposed The'pubhc hearing will start at 6 00 p m in the C'~ty Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Please, in order for your open,on to be taken into account, return th~s form with your comments prior to the date of the pubhc heanng (This m no way proh/brts you from attending and participating m the public heanng.) You may fax it to the number located at the bottom, mad ~t to the address below, or drop ~t off m-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn' Beth Hudson, Planner I The zoning process includes two public heanngs designed to*provide opportun~bes for citizen ~nvolvement and comment The first public heanng ~s held before the 'Planmng and Zomng Commission -------~-"'---~ Please circle one ~ ues~..'~ request Opposed request Neutral to to Comments S~gnature Pnnted Name Malhng Address City, State Z~p Telephone Number Phys,~l Address Fdename NOTI'CE OF PUBLIC HEARING ZP-01-0003 The Planning and Zoning Commission of the C~ty of Denton w~ll hold a public heanng on Wednesday, Aprd 11, 2001, to consider recommending approval to C~ty Council the Zoning Plan, commonly known as 3502 E McKInney, from an Agriculture (A) zoning d~stnct to a Planned Development (PD) zoning d~stnct The 22 0 acre property is located on the south s~de of McK~nney, less than 1000' west of Loop 288 A multl-famdy complex is proposed The'pubhc I~earlng will start at 6 00 p m In the C~ty Council Chambers of C~ty Hall located at 215 E McKmney Street, Denton, Texas Please, In order for your opinion to be taken into account, return th~s form w~th your comments pnor to the date of the pubhc heanng (This ~n no way proh~brts you from attending and part/c~pating ~n the public hearing ) You may fax ~t to the number located at the bottom, mad it to the address below, or drop ~t off ~n-person Planning and Development Department 221 N. Elm St, Denton, Texas 75201 Attn, Beth Hudson, Planner I The zoning process includes two pubhc heanngs designed to prowde opportumbes for c~bzen ~nvolvement and comment The first pubhc heanng ~s held before the Planmng and Zoning Commission I~n favo Please circle one r Neutral to request Opposed to request Comments Pnnted Name .),'~- ~ 'r'" /~.,~' Mad~ngAddress ~-~<~'-,~ '"~'/,~/~'~ r C~, State Z~p ~ Telephone Number ~- ~- Addre or Prop. OI~O~DB~TO~, T~A'~ ~L~ 50 ~NTON, T~ 7020~ · 040~083~0 · (F) 040 ~0 7707 F/lename NOTI'CE OF PUBLIC HEAR'tN6 ZP-01-0003 The Planmng and Zoning Commission of the City of Denton will hold a pubhc heanng on Wednesday, April 11, 2001, to conmder recommending approval to C~ty Council the Zomng Plan. commonly known as 3502 E McK~nney, from an Agnculture (A) zomng d~stnct to a Planned Development (PD) zomng d~stnct The 22 0 acre property is located on the south s~de of McKinney, less than 1000' west of Loop 288 A m_ulti-family complex ~s proposed The pubhc I'~eanng w~ll start at 6 00 p m In the C~ty Council Chambers of CRy Hall located at 215 E McK~nney Street, Denton, Texas Please, In order for your op~mon to be taken into account, return th~s form w~th your comments pnor to the date of the public heanng (This In no way prohibits you from attending and parbcipating in the public headng ) You may fax ~t to the number located at the bottom, mad it to the address below, or drop ~t off m-person Planning and Development Department 221 N Elm St. Denton, Texas 76201 Attn Beth Hudson, Planner I The zoning process ~ncludes two pubhc hearings designed to *provide opportunlbes for c~kzen involvement and comment The first pubhc heanng is held before the Planmng and Zoning Commission Please circle one Neutral to request Opposed to request Comments Ma,hng Address City, State Zip Telephone Nurober Physical Addr~s Of Prope~ ~0t CI~ OF DENTON, T~S CI~ HALL WEST 5[ 4, T~S 76201 · 9403498350 · (F)9403497707 F~lename NOT'teE OF PUBL'r¢ HEAR'tN6 ZP-01-0003 The Planning and Zoning Commission of the C~ty of Denton w~ll hold a pubhc heanng on Wednesday, Apnl 11, 2001, to consider recommending approval to City Council the Zoning Plan, commonly known as 3502 E McKmney, from an Agriculture (A) zoning district to a Planned Development (PD) zoning d~stnct The 22 0 acre property ~s located oil the south side of McK~nney, less than 1000' west of Loop 288 A rrfulb-famdy complex Is proposed' The pubhc heanng wdl start at 6 00 p m ~n the C~ty Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w/thin 200' of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and Invltes you to attend the publlc hearing Please, m order for your opinion to be taken rotc account, return this form w~th your comments pnor to the date of the pubhc heanng (Th~s In no way prohibits you from attending and participating In the public heanng ) You may fax It to the number located at the bottom, mall It to the address below, or drop ~t off ~n-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn Beth Hudson, Planner I The zomng process ~ncludes two public heanngs designed to provide opportunK]es for c~bzen involvement and comment Pnor to the pubhc heanngs, landowners within 200' of the subject property are not~fied of the zoning request by way of thru notice The first public heanng ~s held before the Ptann~ng and Zoning Commission The Commission ~s ~nformed of the percent of responses ~n support and ~n oppos~bon Second, the zoning pebtlon ~s forwarded to the City Council for final acbon prov~d~n§ the Commission recommends approval Should lhe Commission recommend demal, the pebboner may then appeal the request to the Cdy Council If owners of more than 20% of the land area within 200' of the site submit written oppos~bon, then s~x out of seven votes of the Qty Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please c~rcle one In favor of request _~al to request ~ Opposed to request Comments S~gnature Telephone Number Physical Address of Propelly w~thln 200 feet CITY OF DENTON, TEXAS CITY HALL WES 52, )N TEXAS 76201 9403498350 · (F)940 3497707 Fdename Denton Independent School District 1307 North Locust Denton, Texas 76201 April 11, 2001 Beth Hudson Planning and Development Department City of Denton 221 North Elm Street Denton, Texas 76201 Dear Ms Hudson The DentOn Independent School District has reviewed the proposed Knollwood Villa Apartment Development (ZP-01-0003) It Is estimated that once the project is completed that approximately 100 students would impact the district The locaOon of the project is consistent w~th thc City of Denton Land Use Plan for MulmFamlly-Condmoned Zoning (IvIR-lc) Students that would reside in the proposed apartment complex would currently be assigned to Rivera Elementary, MeMath Middle School and Kyan H~gh School School assignments am r~viewed on an annual basis Existing capacities and projected development impact are consldared ~n detenmmng final school assignment Southwest Housing Management's (SI-IM) two projects, the Knollwood Villa Apartment Complex and the Bluffvlew Villa Senior Apartment Complex, are valued at $30,000,000 D I S D estimates the followng fiscal ~mpact > DISD cost per student $5,654 per year x 100 students $ 565,400 00 > Estlmatexl School Tax Rovenuesfrom Developments $ 553,200 00 Fiscal Impact to DISD >$ 12,200 00< Southwest Housing Management is open to assist the district in providing additaonal funding to accommodate the tmpact of their project SHM and Denton I S D are currently reviewing proposals to offset the negative fiscal impact and serve the district's needs It is the desire of the district that these negotiations set an example for future multi-family developments Please feel free to contact me at (940) 381-6903, extension 308, if I can be of further service or answer additional questions Cc D I S D Board of Trustees Dr Ray Braswell 53 F]LE No 485 03,'30 '01 09 52 II) LE~ CD~"P OFFICE F~;X 972 454 4235 PAGE 2 2 No"r cE OF PUBLZC HEARZN& ZP.01,41003 The PW~nlng o~ Zoning O',mmlmaiaq o! the City of Portion will h~f~J a public heaM~g on A,G~I_I. 1, ~_00~1, to =an,l.dnr reCGT~, m,an~.ing apl~rova!~o City ¢oun~l the Zoning Plan, commanly known as an02 ~ MoKInney, tram an Agr~ult~lre (A) zonll~g ~ll~lot to a P~ann~ Development (PD) zoning dl~thCt Re ~o 0 acre probe~y Is boated ~n the south side of McKlnney, leas than 1~00' west Loop ;~88 -A multi-family complex la proposed, - The PubliC hosting wtll ~tart at 8.00 p,rtl in fl~e (;lb' Council Chambers of City Hall located et 2"5 E MgKtnney 8trae~, Dentolq, Texas Please, In or, er for yeur optnton to be taken Iron account, return the forffl with your aerntnenta P~r 1o the d~ er t~e ~ubilo heonng (This ,~ ~ way prolllb#a you ~m ottan~ng a~l pafl, l~i~et~g 1,1 the I~ublla haadng) ynu may fax It lo :he number lac. stet at the bottom, mall I: to the address below, or drop I! off In.,pert~n Planning and gevelalament Department ~i N. Elm DentOn, Texa~ Attn: Beth Hudson, Planner I The z~anlng prooese Inaluclea two publ~ heednga ee,lgnmd to provide OP;)ortunlt,ea f~,r c~tizen ~nv~vernellt and eo~menL Tl~e first public Mearlllg ia held before 'ha Planning an,~ Zoning Oomrn~elnn 54 NOTICE OF PUBLIC HEARIN ZP-01-0003 The Planning and Zoning Commission of the C~ty of Denton wdl hold a pubhc heanng on Wednesday, April 11, 2001, to consider recommending approval to City Councd the Zomng Plan, commonly known as 3502 E McK~nney, from an Agriculture (A) zoning d~stnct to a Planned Development (PD) zonln9 district The 22 0 acre property is located on the south side of McKmney, less than 1000' west of Loop 288 A m_ult~-fam~iy complex ~s proposed_ Th~ pubhc hearing wdl start at 6 00 p m in the City Council Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Please, ~n order for your op~mon to be taken into account, return this form w~th your comments prior to the date of the public hearing (This in no way prohibits you from attending and participating in the public hearing ) You may fax ~t to the number located at the bottom, mad ~t to the address below, or drop ~t off m-person Planning and Development Department 221 N. Elm St Denton, Texas 76201 Attn Beth Hudson, Planner I The zomng process includes two pubhc heanngs designed to provide opportumbes for cmzen involvement and comment The first pubhc heanng ~s held before the Planning and Zomng Commission - - -~-.~ Please circle one of requestj Neutral to request Opposed to request Comments Signature ,L,~-~. Pnnted Name u k--~-~.~,I ~'-(,,,.~ ir., Ma, ,ng Addrass z,p Telephone Number ~D - 5G~ ~O~,~ Phys,calAddressofPrope~ ~ ~ ~ ~ E ~;.~ ~ ~ ?-I[, JJ CITY OF DENTON, TEXAS CI~HALLWE 55. TON, TE~S 76201 · 9403498350 · (F)9403497707 F~lename I ~ NOTICE OF PUBL.I:¢ HEAR]:N6 ZP-01-0003 The Planning and Zoning Commiss~on of the City of Denton will hold a pubhc heanng on Wednesday, April 11, 2001, to consider recommending approval to C~ty Council the Zoning Plan, commonly known as 3502 E McKmney, from an Agriculture (A) zomng district to a Planned Development (PD) zoning d~strict The 27 0 acre property Is located on the south rode of McKinney, less than 1000' west of Loop 288 _A m_ult~-family complex is proposed_ The'pubhc he~nng wilt start at 6 00 p m In the C~ty Council Chambers of C~ty Hall located at 215 E McKmney Street, Denton, Texas Please, In order for your opinion to be taken into account, return th~s form with your comments prior to the date of the pubhc heanng (This in no way prohibits you from attending and participating in the public heanng ) You may fax ~t to the number located at the bottom, ma~l ~t to the address below, or drop ~t off in-person Planning and Development Department 221 N Elm Bt. Denton, Texas 76201 At'tn Beth Hudson, Planner I ~t The zomng process ~ncludes two public heanngs designed to provide opportunlbes for cibzen involvement and comment The first public heanng is held before the Planmng and Zoning Commission Please circle one Neutral to request Opposed to request Comments Phys,~l Address of Prope~ ~ ~/~/~ ~/~ (~ CI~ OF DENTON, T~S CI~HALLWE 56. ITON'TE~S 76201 · 9403490350 · (F)9403497707 Fllename NOTICE OF pUBLIC HEARIN6 ZP-01-O003 The Planmng and Zoning Commission of the C~ty of Denton will hold a pubhc heanng on Wednesday, Aprd 11, 2001, to consider recommending approval to City Council the Zomng Plan, commonly known as 3502 E McKinney, from an Agriculture (A) zoning d~stnct to a Planned Development (PD) zoning d~stnct The 22 0 acre property is located on the south side of McK~nney, less than 1000' west of Loop 288 A multi-family complex ~s proposed The public t~eanng will start at 6 00 p m in the City Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Please, m order for your opinion to be taken ~nto account, return th~s form w~th your comments pnor to the date of the pubhc heanng (This m no way prohibits you from attending andparbc~pabng m the public heanng ) You may fax it to the number located at the bottom, mad it to the address below, or drop it off ~n-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn Beth Hudson, Plannerl The zoning process includes two public heanngs designed to provide opportumbes for c~t~zen ~nvolvement and comment The first pubhc heanng is held before the Planmng and Zoning Commission In favor of request ~ Opposed to request Mailing Address '~ ~ ~~_~..~ /¢ ~ ~ '' '~ Telephone Number % g ~ ~'' Z~ ~ Phys;ca] Address of Prope~ ClTY OF DENTON, T~S CI~ HALL WEST · E E~S 76201 · 9403498350 · (F) g40 349 7707 57 FSename NOTICE OF PUBLIC HEARING ZP-01-0003 The Planning and Zoning Commission of the C~ty of Denton w~ll hold a pubhc heanng on Wednesday. April 11. 2001. to consider recommending approval to C~ty Council the Zoning Plan. commonly known as 3502 E McKInney. from an Agriculture (A) zoning d~strlct to a Planned Development (PD) zoning d~stdct The 22 0 acre property is located on the south side of McKmney. less than 1000' west of Loop 288 A m~ult~-family complex is proposed_ The'public ~eadng will start at 6 00 p m in the C~ty Council Chambers of City Hall located at 215 E McKmney Street. Denton. Texas Please. ~n order for your opinion to be taken into account, return thru form w~th your comments pdor to the date of the pubhc heanng (This m no way prohibits you from attending and participabng m the public heanng ) You may fax ~t to the number located at the bottom. ma~l ~t to the address below, or drop ~t off in-person Planning and Development Department 221 N. Elm Bt. Denton, Texas 76201 Attn Beth Hudson, Planner I The zoning process ~ncludes two public heanngs designed to prowde opportunities for c~bzen ~nvolvement and comment The first public heanng is held before the Planning and Zoning Commission In favor of request Neutral to request Signature ~ PnntedName Ma~hng Address City. State Zip Telephone Number Phys,cal Address of Prope~ >~O0~ CITY OF DENTON, T~AS c~ HALL WEST 5B ~, TE~S 76201 · 940 349 8350 · (F) 940 ~9 7707 NOTTCE OF PUBL'rC HEAR'I'N6 ZP-01-0003 The Planmng and Zon.ng Commission of the C~ty of Denton wdl hold a public heanng on Wednesday. Apnl 11. 2001, to consider recommending approval to C~ty Councd the Zoning Plan. commonly known as 3502 E McK~nney. from an Agnculture (A) zomng dlstnct to a Planned Development (PD) zoning dmtnct The 22 0 acre property is located on the south side of McKmney. less than 1000' west of Loop 288 A mulb-famdy complex ~s proposed The pubbc heanng will start at 6 00 p m in the C~ty Council Chambers of CRy Hall k~cated at 215 E McKmney Street. Denton. Texas Please. In order for your opinion to be taken rotc account, return th~s form w~th your comments pnor to the date of the pubhc heanng (Th~s m no way l~rohlb/ts you from attending and participating m the public hearing ) You may fax it to the number located at the bottom. mini ~t to the address below, or drop ~t off ~n-person Planning and Development Department 221 N Elm St Denton, Texas 76201 Attn Beth Hudson, Planner I The zoning process Includes two public heanngs designed to provide opportum~bes for c~t~zen ~nvolvement and comment The first pubhc heanng ~s held before the Planrung and Zoning Commission Please c,rcle one In favor of request Neutral to request p~ed~ Comments WE ALREADY I-]A.V~ TWO A.PA.R. TMENT COMLEXES IN OUR AREA, WITH 'El{EM COMES PROBLEMS WE WILL BE ALMOST SURROUNDED BY APARTMENTS AND THE PROBLEMS THEY CAUSE THIS WILL MAKE 3 COMPLEXES IN OUR AREA, I FEEL THAT IS TOO MUCH. THE ][~][ TRAFFIC ON MCKINNEY AND LOOP 288 ARE ALE. EADY EXTREMELY CONGESTED, IT WILL BE EVEN ~ORSE WTTH THE 2.50 TO 500 ADD~iTIO~N~i, VEHICLES. IT WILL BE ALMOST IIvS'OSSIBLE SL~EOOL TRAFFIC IS VERY Signature ,/~.~z_ /,~,t~4,- HEAVY ON MCKINNEY STREET. Printed Name BETTY ~t~-L~T'L~Y % Mailing Address 225 BLUEBIRD CIRCLE City, State Zip nFNTON, TX 7620q Telephone Number 940-382-6326 Physlca~ Address of Property SAME CITY OF DENTON, TEXAS CITY HALL WES'[ 59. )N TEXAS 76201 · 940 349 8350 - (F} 940 34_9 7707 F¢lename ON THE LOOP EARLY IN THE MORNING AND AEOUT 5~00 PM, THE TRAFFIC IS BUMPER TO BUMPER. I SHOULD KNOW, I }lAD TO DRIVE IT TO WORK FOR 4 YEARS W~EN I WOP. KED AT THE RADIO STATION ON TEASLEY LANE. I ONL~ SAW TWO ROADS AS EXITS, THEY WERE MCKINNEY AND LOOP 288. THIS IS GOING TO WREAK HAVOK WIT1{ THE MORNING AND AFTERNOON TRAFFIC, FOR THOSE WHO HAVE TO TAKE THIS ROUTE TO THEIR JOBS EACH MORNING AND AFTERNOON. HAS ANYONE THOUGHT OF THAT? THE REASON THAT TRAFFIC IS S8 HEAVY ON THE-LOOP IS THE TRAFFIC FROM SINGING OAKES APARTMENTS AND LOMA DEL BEY. 60 ATTACHMENT 4 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A ZONING PLAN FOR APPROXIMATELY 22 ACRES LOCATED WITHIN AN AGRICULTURE (A) ZONING DISTRICT, TO CHANGE TO MULTI-FAMILY CONDITIONED (MF[c]) DISTRICT TO ALLOW FOR NKJLTI-FAMILY USES, THE SUBJECT PROPERTY BEING LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET, APPROXIMATELY 1000' WEST OF LOOP 288, PROVIDING A SAVINGS CLAUSE, PROVIDING FOP. A PENALTY IN THE MAXIMUM AMOUNT OF $2,00000 FOR VIOLATIONS THEREOF, AND PROVIDING FOP. AN EFFECTIVE DATE (ZP-01-0003) WHEREAS, on February 1, 2000, the City Council adopted Ordinance No 2000-046 whtch estabhshed certain res~denttal interim regulations (the "Residential Interim Regulations"), WHEREAS, the Res~dentaal Interim RegulaUons estabhshed, among other things, a Zoning Plan reqmrement m the event of a request to rezone property, and WHEREAS, on March 7, 2001, SENT CorporaUon, on behalf of Southwest Housing Development, applied for a change m zomng for 22 0 acres of land located on the south s~de of McKumey Street, approxnnately 1000' west of Loop 288, from an Agriculture (A) zoning d~stnct classxficataon and land use domgnatlon to Mult~-fannly conehttoned (MF[c]) zomng dastnct classfficaUon and land use des~gnataon wtth the intent to develop a multl-farmly complex w~th a commumty center wl~ch apphcat~on includes a Zomng Plan, a copy of wluch m attached hereto as Exlnblt '~B" (the Zomng Plan"), and WHEREAS, on Apnl 11, 2001, the Planmng and Zoning Comrmss~on recommended approval of the requested change m zoning and the Zoning Plan, and WHEREAS, the C~ty Council finds that the Zomng Plan, w~th the concht~ons nnposed hereto, meets the requirements of the Res~denttal Interim RegulaUons and m eonsmtent wxth the approved 1999-2020 Denton Comprehensave Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zoning dastnct classfficaUon and land use demgnat~on of the approramately 22 0 acres property described m the legal descnpUon attached hereto and incorporated hereto as Exlub~t A (the "Property") m changed from Agriculture (A) zorung d~stnct classfficataon and land use designation to MulU-famfly condtt~oned (MF[c]) zoning dtsmct classfficat~on and land use designation under the comprehensive zomng ordinance of the C~ty of Denton, Texas to allow a ruulti-fannly complex w~th a commumty center in accordance w~th the Zomng Plan The Zomng Plan and smd change m zorung are hereby approved, subject to the following condmous 1 All condmons set forth on the Zoning Plan 2 The note regarding roofp~tch m amended to reference the surrounding houses, rather than the houses to the east 61 S \Our Documenm\Ord mance~X0 BZP-01-0003 doc 3 The monument signs shall be placed a mlmmtun of 10' from respective property lines 4 The project shall be designed to meet the mulU-famfly site design requirements of the draft Development Code a copy of wluch is attached hereto as Extublt "C" and incorporated herein by reference 5 Uses on the Property are restricted to the uses shown on the Zomng Plan 6 A collector mad, from the subject property to Loop 288, will be promded prior to the issuance of any certificate of occupancy SECTION 2. The Clty's official zoning map ,s amended to show the change in zoning district clasmfieaUon SECTION 3 If any provisions or the apphcatlon thereof to any person or c~rcumstance as held invalid by any court, such mvahchty shall not affect the validity of other provaslons or applications, and to tins end the prowslans of tins ordinance are severable ~ Any person vtolat~ng any provision of tins ordinance shall, upon eonmctmn, be fined a sum not exceeding $2,000 00 Each day that a provision of tins ordinance is vlolated shall constamte a separate and dlsUnct offense ~ Tlus ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby rkrected to cause the captmn of this ordinance to be pubhshed twice m the Denton Record Chromcle, official newspaper of the City of Denton, Texas, w~thm ten (10) days of the date of its passage PASSED AND APPROVED thts the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY 62 PAGE 2 Agenda AGENDA INFORMATION SHEET Oate._ AGENDA DATE: May 1, 2001 DEPARTMENT' Commumty Developme~/~l CM/DCM/ACM Dave Hill, 349-8314f~ ?]'~ SUBJECT Consider approval of a resolution of the C~ty o£ Denton, Texas, anthonz~ng the C~ty Manager to partmlpate w~th the City of Ft Worth ~n the development and submission of a grant apphcauon under the Umted States Department of Housing and Urban Development Lead-Based Pmnt Hazard Control grant program, estabhshmg objectives and projected use of funds w~th approprmte certlficatmns, as authorized and reqmred by the Housing and Commumty Development Act of 1974, as amended and the NaUonal Affordable Housing Act of 1990, as amended and all other apphcable laws, providing for an effecUve date BACKGROUND In 2000, the City of Denton Community Servmes ~n coord~naUon w~th the City of Lew~swlle and Denton County apphed to the U S Department of Housing and Urban Development's Lead Hazard Control Program for grant funds to support and supplement the C~ty's Home Improvement, Homebuyer Assistance and Emergency Repair programs The apphcaUon was not funded For the 2001 apphcatlon, the C~ty of Denton wall partner w~th the City of Fort Worth in requesUng approximately $3 mflhon ~n lead hazard control funding to be expended over a three year period If the grant ~s awarded, Denton will receive apprommately $300,000 ~n funding Projected acUwtles to be funded by the grant are ~ncluded m the following chart ITEM OR FUNCTION NUMBER / UNITS S/UNIT TOTAL COST N~ton XL 309 W/Dust test k~t 1 $24,355 $24,355 Major rehab w abatement of Lead-Bas Parnt 6 $10,000 $60,000 Minor Repair Pmnt Stabilization / HAP 20 $4,500 $90,000 Assisted Projects and Emergency Repmr Program Projects RelocaUon Assistance During Lead-based 30 $2,000 $60,000 Pmnt work Education Maintenance Workers 9 $7,200 Workshops: Students/teachers 18 Day care workers 12 Commumty 9 $150 Lead Contractor Certfficatlon Tralmng 5 $800 $4,000 (reimbursed upon passing State Test) *Tram-the-trainer SWP Certfficatlon 1 $4,000 $4,000 Worker Safe Work Practices Trng 18 $35 $630 Lead Supervisor / Worker Training 7 $370 $2,590 Assistance w~th Increased Insurance Costs for 3 $2,000 $6,000 Hazard Material Coverage DAHC for CHDO Major lead projects 2 $10,000 $20,000 DAHC for CHDO Minor lead projects 2 $5,000 $10,000 Blood Lead Level Test Denton Co Health 149 $10 $1,490 Dept -Chddren > 6 yrs w/o medmal coverage Intervention Assistance for Households where 59 $165 $9,735 chdd less than age slx has EBL of~ or < 10 ug//dl Total Request ~ $300,000 The ftmd~ng wall prowde for major rehablhtat~ons of SlX structures with lead-based pmnt and paint stab~hzatlon act~wtles on twenty umts Costs to relocate famd~es whose homes are undergmng lead hazard control work are also included m the grant request Denton County and the Denton Affordable Housing Corporation (DAHC) will also partm~pate ~n the lead hazard control program Denton County will provide free lead testing for children and prowde education to individuals and households DAHC would receive up to $30,000 for costs assocmted with units rehablhtated under their Affordable Housing Opporttm~ty program OPTIONS 1 C~ty Counml approves the resolution allowing Commumty Serwces staff to continue working with City of Fort Worth personnel to complete and submit the grant apphcatlon with funding targeted to C~ty of Denton activities 2 C~ty Council demes the resolutmn and staff w~ll notify the City of Fort Worth that Denton will not be partm~pat~ng ~n the lead hazard control grant apphcation 3 City Counml requests that the resolutmn be rewsed allowing the C~ty of Denton to submit a separate apphcatmn for funding RECOMMENDATION Staff recommends approval of the resolutmn and the partnership w~th the C~ty of Fort Worth The grant appllcat~on is due on May 16 The short ttme frame would make ~t d~fficult for Community Services staff to develop a separate, viable apphcat~on 2 ESTIMATED PROJECT SCHEDULE Grants wall be awarded ~n February 2002 If awarded funding wall be available to supplement the 2002, 2003 and 2004 CDBG and HOME program years (August 1 through July 31) All funds would be expendedlby July 31, 2005 PRIOR ACTION/REVIEW Cottncll has taken no prior action on this ~tem FISCAL INFORMATION Expenditure ,of the grant funding w~ll be supported by the CDBG and HOME program budgets Grant request wall include a match commitment of apprommately $95,000 The match will come from CDBG program expenditures and ~nclude staff salaries and project construction funds Last year, the C~ty received a $50,000 award from the Denton County I-Ious~ng Fmance Corporation to support the lead hazard control program Staffw~ll again request support from DCHFC No general fund dollars w~ll be requested to support grant expenditures ATTACHMENTS Resolution - pages 4 and 5 Prepared By Barbara Ross Commumty Development Adm~mstrator Resp~tfully subm~ed D~rector of Comman~ty Dd'velopment S \Our Documen~s\Resolutlons\Ol\lead based paint hazard control res doe RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO PARTICIPATE WITH THE CITY OF FORT WORTH IN THE DEVELOPMENT AND SUBMISSION OF A GRANT APPLICATION UNDER THE UN~TED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LEAD-BASED PAINT HAZARD CONTROL GRANT PROGRAM, ESTABLISHING OBJECTIVES AND PROJECTED USE OF FUNDS AND A LEAD-BASED PAINT HAZARD CONTROL PROGRAM DESCRIPTION WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED AND ALL OTHER APPLICABLE LAWS, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Ctty of Denton, Texas, ts concerned w~th the development of mable urban commumt~es ~nclud~ng decent housing, a suitable hmng enmronment and expanded economtc oppotmmt~es, and WHEREAS, the C~ty of Denton, Texas, has a spemal concern for persons of low and very low income, and WHEREAS, the Ctty of Denton, Texas, as a CDBG entitlement mty, wtshes to partmtpate ~n a grant apphcat~on w~th the C~ty of Fort Worth under the Lead-Based Paint Hazard Control Grant Program, under Section 1011 of the Remdenttal Lead-Based Hazard Reduction Act of 1992 (T~tle X of the Housing and Commumty Development Act of 1992) and all other apphcable laws, whmh will include approximately $300,000 for lead hazard control act~vtttes wtthm the C~ty of Denton, and WHEREAS, m carrying out these act~vtttes, the City of Denton, Texas, tntends to comply w~th Section 3 of the Housing and Urban Development Act of 1968, 12 U S C 1701(u) and will provtde trmmng, employment and other economm opportumty for low and very low ~ncome persons (as defined m 24 C F R 135 5) and for bus~ness concerns which provtde economic oppormmty for low and very low income person, and WHEREAS, the pnmary goal for the Lead-Based Patnt Hazard Control Grant Program ~s to reduce the exposure of young children to lead-based patnt hazards tn thmr home, and WHEREAS, the Ctty of Denton, Texas has met or will meet all cmzen partm~patton reqmrements, tf any, mcludtng the holding of public heanngs, and WHEREAS, the City Council deems tt tn the pubhc ~nterest to authonze the Ctty Manager to partm~pate wtth the C~ty of Fort Worth tn the development and subm~sston of the grant appllcatton, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES 4 S \Our Docurnents\Resolutmns\Ol\lead based pmnt hazard control res doc SECTION 1 That the Ctty Council of the City of Denton, Texas, authorizes the Ctty Manager to pammpate in a joint grant submission with the Ctty of Fort Worth to submit to the Umted States Department of Housing and Urban Development and all appropriate officmls thereof, all necessary certifications, grant agreements and other documents as well as appropriate assurances for entitlement of funds under the Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, as amended, and all other appl,eable laws, as necessary, to obtain a grant under the Lead-Based Paint Hazard Control Grant Program SECTION 2 That the City Council anthonzes and directs the C~ty Manager, or h~s desl~mee, to represent and act on behalf of the City of Denton in applying for and working with the City of Fort Worth and the United States Department of Housing and Urban Development, ~n regard to such grant apphcatton SECTION 3 That the City Secretary is hereby authorized to furnish true, complete and correct cop~es of thts resolution to all interested parties SECTION 4 That th~s resolution shall become effective immediately upon tts 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 HERBERT L PROUTY, CITY ATTORNEY 5 AGENDA INFORMATION SHEET AGENDA DATE: May 1, 2001 DEPARTMENT. Planning Department ~. CM/DCM/ACM: David Hill, 349-8314 SUBJECT - SP-01-0005 (House Smart Addition) Consider approval of a resolution approving a ProJect Plan for 3 086 acres, in a Commemlal conditioned (C[c]) zoning district, located at the southeast comer of Pockrus Page Road and 1- 35E Service Road An auto dealershtp is proposed BACKGROUND The apphcant requests the approval of a project plan to develop an auto dealership on a 3 086 acre tract located at the northeast comer of Pockms Page Road and 1-35E Service Road (see Attachment 1) On February 6, 2001, City Council rezoned the subject site to a Commercial conditioned (CIe]) zomng district The approved conditions relate to the lighting system, no exterior audio or speaker systems on the premises, and the preservation of the ex~stlng trees to the fullest extent possible The applicant is proposing two s~ngle-story stucco and stone bmldlngs contaunng 7,800 square feet altogether (see Attachment 2) The applicant ~s also proposing a ten-foot side yard to buffer the exmtmg agricultural uses located at the northeast comer of the subject s~te Approximately 25% of the lot will be landscaped compared to a m~mmum of 20% of landscaping required by the Landscape Ordmance Condition number three of the approved ordinance states that 'The project plan for the subject property shall provide for tree preservation on the property to the fullest extent possible whmh w~ll ~nclude mlmmlzatlon of grading of the site to protect the ex~stlng trees ' According to the tree map submitted for rewew, there are 128 existing trees on s~te 29 dead trees, 19 dechmng trees, 53 live trees to be removed, and 27 hve trees to be saved (see Attachments 2 and 3) However, only 14 live trees will be counted for credit ("saved") and protected accordingly The remtumng 13 hve trees will not be cleared dunng untlal grading but will not be protected and may not survive the construction damage to the root zones Approximately 66% of the live trees will be cleared and removed ~mmedlately dunng ~mtlal grading of the construction zone The proposed Landscape Plan shows 23 new 3qnch trees to be planted and tmgated on site after construction is completed Staffbeheves that the proposed Project Plan in its current layout does not meet~ the tree condition approved by City Council Staff beheves that additional landscape islands could be prowded The apphcant proposes (4) ground signs 0ncludmg a pole s~gn) plus two wall signs, two of the ground slgns will be located along Pockrus Page Road The proposed pole sign will be located along 1-35E Service Four (4) ground s~gns are the maximum number of signs allowed by ordinance for the subject site All proposed signs are in compliance with the Sign Ordinance An existing off-premise s~gn (billboard) located at the southeast comer will be allowed as a non- conforming use (see Attachment 3) If the proposed bus~ness uses the b~llboard for advert~sing, the billboard will be considered as an on-site sign and ~t will lose ~ts non-conforming status If used as an on-site sign, the ex~stlng billboard would exceed the maximum effective area allowed for an on-site sign and would not be in compliance w~th the hght~ng setbacks The proposed llght~ng system wall be directed down to prevent dlffus~on of the hght and special consaderation will be taken of any present or future adjacent res~dentml property (see Attachment 2 - hghtmg note) ~ The subject property is located ~n a Commercaal conditioned (CIe]) zoning d~stnct ~ According to The Denton Plan, the subject sate ~s w~th~n a Regional M~xed Use Center area Staff finds this development to be consastent with The Denton Plan The proposed Development Code identifies this site as Regional Center Resadentlal-1 (RCR- 1) Auto dealersbaps will not be allowed ~n the proposed zoning district ~ Fourteen (14) residents wathln 500 feet of the subject s~te were notified of thas project plan request OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table Item RI~COMMENDATION The ProJect Plan conforms to the mlmmum techmcal requarements of the Non-resadentml Interim Regulations However, the City Council must determine if all the conditions of the approved ordinance have been met Otherwas¢, staff recommends approval I~STIMATI~D PRO,II~CT SCHI~DULI~ Building permits can be issued upon the approval of the project plan PRIOR ACTION/I~VlI~W The following as a chronology of SP-01-0005, commonly known as House Smart Add~taon Apphcatlon Date - March 19, 2001 DRC Date - March 29, 2001 FISCAL ,INFORMATION Development of thas property wall increase the assessed value of the city and county It will reqmre no short-term public amprovoments that are the responsabfl~ty of the c~ty 2 ATTACHMENTS 1 Locatmn Map 2 Project Plan 3 Photos 4 Draft Resolution Respectfully submitted DouglaslS Powell, AICP D~rector of Planmng and Development De orah V~era P1, ter I 3 ATTACHMENT 1 ~ NORTH SP-01-0005 (House Smart Addition) I~,&llll LOCATION MAP Agenda Date. May 1,2001 Scale None 4 III Iii ~iI ii Ii PLANNING & DEVELOPMEN1 8 Sign Selection S];GN l-A: Dimensions: W~dth 31 ft. Height ~ ft. Option A NO l~l~H TEXAS SPORTS & IMPORTS Option B NORTH TEXAS __S~0RTS _& IMPORTS 11 S~GN 2-A: Dimensions: W~dth: 6 ~. Height: 6 fi. Option 1: Lighted Monument Cabinet Sign Dimensions: W~dth: 4 fi:. Height: 5 fi. Option 2: Post & Panel Sign NORTH TEXAS 12 SIGN 3-A D~mens~ons: W~dth: 4 ft. Height: 3 ft, Option 1,' Lighted Double-sided Cabinet Sign Dimensions: W~dth: 3 ft, Height: 2 ft. Option2: Post & Panel System Sign 13 SIGN 4-A Dimensions: W~dth: 10 ft. Height: 10 ft. Overall Height: 40 ft. Option 1: Lighted Option 2: Lighted Double-sided Single Double-sided Pole Sign Double Pole Sign 14 ATTACHMENT 3 SP-0!-0005 (House Smo~t Addition) PHOTOS Photo 1 V~ew from the intersection of Pockrus Photo 2 V~ew from across 1-35E (front side) Page Road and 1-35E Service Road (west side) Photo 3 V~ew from Pockrus Page Road Photo 4 View of the exmbng off-premme (rear s~de) s~gn (b~llboard) from across 1-35E 15 ATTACHMENT 4 RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN FOR HOUSE SMART ADDITION, BEING AN APPROXIMATE 3 086 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF INTERSTATE 35 EAST SERVICE ROAD AND POCKRUS PAGE ROAD, AND PROVIDING FOR AN EFFECTIVE DATE (SP-01-0005, HOUSE SMART ADDITION) WHEREAS, on March 2, 2000 the City Council adopted Ordinance No 2000-069 which established certmn nonresidential interim regulations (the "Nonresidential Interim Regulations"), and WHEREAS, the Nonresidential Interim Regulations established, among other things, a project plan reqmrement, and WHEREAS, the owner of an approximate 3 086 acre tract of land zoned commercial con&tloned(C[c]) and described as Lot 1, Block 1 of the House Smart Addition has made an application for approval of a project plan under the Nonresidential Interim Regulations, a copy of which is attached hereto as Exhibit "A" and made a part hereof by reference (the "Project Plan"), and WHEREAS, the City Council finds that the Project Plan, with the conditions imposed herein, if any, meets the reqmrements of the Nonresldentml Interim Regulations, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The ProJect Plan which is attached hereto and made a part hereof by reference, is hereby approved SECTION 2 Tlus ordinance shall become effective immediately from and after its approval PASSED AND APPROVED this the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERB EaT .~]~ROUT¥,~ITY ATTORNEY 16 1.8 Sign Selection SIGN l-A: Dimensions: W~dth 3:L ft Height 4 fc Option A NOI~T~ TEXAS SPORTS & IMPORTS Option B 2] STGN 2-A: D~mensions: W~dth: 6 ft. Height: 6 ft. Option 1: Lighted Monument Cabinet Sign Dimensions: W~dth: 4 ft. Height: 5 ft. Option 2: Post & Panel Sign 22 SIGN 3-A Dimensions'. Width: 4 ft. Height: 3 ft. Option 1: Lighted Double-sided Cabinet Sign D~mensions: W~dth: 3 ft. Height: 2 ft Option2: Post & Panel System Sign 23 SIGN 4-A D~mensions: Width: 10 ff, Height: 10 ff. _ Overall Height: 40 ft, Option 1: Lighted Option 2: Lighted Double-sided Single Double-sided Pole Sign Double Pole Sign SPORTS __ IMPORTS Agenda No Agenda ite?.m.~-~-~ AGENDA INFORMATION SHEET AGENDA DATE May 1, 2001 DEPARTMENT Commumty Development ,~/ ACM: David Hill, Assistant City Manager for Development Services SUBJECT: Consider approval ora resolution of the C~ty Council of the C~ty of Denton, Texas, amending the pohcy for tax abatement for the C~ty of Denton to estabhsh gmdehnes and criteria governing tax abatement agreements to allow wmver of the five mflhon dollar threshold and the maximum tax abatement percentage, to define professional posmons, to make other changes as set forth m the amended pohcy, and declanng an effective date BACKGROUND: The City Coancfl approved the current Tax Abatement Pohcy ~n June 2000 The pohcy addressed specml consideration for abandoned bmldmgs in an attempt to more aggressively market the Texas Instruments building and others facflmes that quahfy At the April 24, 2001 C~ty Council meeting, Council d~rected staffto amend the Tax Abatement Pohey to also include language that prowdes s~mflar cons~derauon for the retention of existing businesses w~th planned expansxons Specifically, the reconamendatmn allows the City Council and Denton Independent School D~stnct Board to analyze projects on a case-by-case bas~s and wmve both the $5 mflhon threshold and maximum percentage of fifty percent The changes to the pohcy appear on pages 6 and 7 of your backup Council will note that the paragraph following the new language has been deleted Howard Martin informs us that under deregulation, the C~ty cannot reqmre a business to use Denton Mumc~pal Electric service as a condmon of tax abatement Approval of the resolution will also ~nclude the deletion of th~s paragraph ESTIMATED SCHEDULE OF PROJECT The amended pohcy would become effective lmme&ately The next review of the pohcy ~s scheduled for April - May of 2002, as the current pohcy will expire ~n June 2002 The Chamber of Commerce Board of D~reetors rewewed the recommended changes regar&ng redevelopment of existing busaness facflmes and provided a letter of support for your cons~derauon -1- OPTIONS 1 Approve the resolutmn amending the policy as presented 2 Deny approval of the resolution The current pohcy remmns in place PRIOR ACTION/REVIEW At their April 9th meeting, the Jmnt Tax Abatement Committee recommended approval of the proposed amendment At the April 24th C~ty Council meeting, Council directed staff to proceed with the proposed changes to the pohcy FISCAL INFORMATION N/A EXHIBTS Resolution Section III Tax Abatement Pohcy Chamber of Commerce Support Letter Respectfully Submitted, ~Lc~dmamRu antlltl;~ eD;re, oCt;mr e at ~/~ p~anme at -2- RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AMENDING THE POLICY FOR TAX ABATEMENT FOR THE CITY OF DENTON TO ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS TO ALLOW WAIVER OF THE FIVE MILLION DOLLAR THRESHOLD AND THE MAXIMUM TAX ABATEMENT PERCENTAGE, TO DEFINE PROFESSIONAL POSITIONS, TO MAKE OTHER CHANGES AS SET FORTH 1N THE AMENDED POLICY, AND DECLARING AN EFFECTIVE DATE WHEREAS, on June 6, 2000, the City Council adopted gmdehnes and crltena, known as the Denton Policy for Tax Abatement (sometimes referred to as "Tax Abatement Policy"), passing by Resolution No R2000-028, and WHEREAS, the City Council desires to promote economic development within Denton, and WHEREAS, providing tax abatement and other economic development Incentives wittun the City and xts extraterritorial junsdmtion will likely contribute to the economic development of Denton by encouraging major mvestment and the creation of jobs, and WHEREAS, the Property Development and Tax Abatement Act, Chapter 312 of the Tex Tax Code, allows the city to establish ItS own criteria for tax abatement and the City has prevxously adopted guIdehnes for tax abatement and resolutions No R90-018, R98-004 and R2000-028, and WHEREAS, the Joint Committee on Tax Abatement, composed of representatives of the City of Denton, the Denton Independent School District, and Denton County have recommended amendments to Section HI "Value of Incentives" of the Tax Abatement Policy to allow waiver of the five mllhon dollar threshold and the maxlmmn tax abatement percentage and to define professional positions, which is attached hereto as the amendment to the Tax Abatement Policy, and WHEREAS, any amendment to the Tax Abatement Pohcy requires an affirmative vote of three-fourths of the members of the City Council (SlX affirmative votes) in accordance with Section 312 002(e) of the Tax Code, and WHEREAS, the City Council deems it in the pubhc mterest to continue to be eligible for pamclpatlon in tax abatement and to amend the new pohcies, gmdehnes and criteria governing tax abatement agreements to be known as the Tax Abatement Pohey, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the pohees, gmdehnes and criteria found ~n the Denton Policy for Tax Abatement are hereby amended by amending Section III "Value of Incentives" to allow a waiver of the five rmlhon dollar threshold and the maximum tax abatement percentage on a case-by-ease basis, to define professional posmons, and to make other changes set forth in the amended pohey m accordance with the amendment that ~s attached to this Resolution as Exhibit A and made a part ofth~s Resolution for all purposes From and after the effective date ofth~s Resolution, the amended Tax Abatement Policy shall constitute pohey guidehnes and entena govermng tax abatement agreements for the C~ty of Denton m accordance w~th Chapter 312 of the Tax Code SECTION 2 That the C~ty Council hereby reasserts its decision to become ehg,ble to participate m tax abatement The C~ty Council provides certain tax Incentives apphcable to busmess enterprises ~n vinous relnvestment zones which are estabhshed m the C~ty, in accordance with the applicable provlslunS of Chapter 312 of the Tex Tax Code and in accordance with the guadelmes and entena estabhshed m the attached Exl~blt A and ,n the amended Tax Abatement Pohey SECTION 3 That save and except as amended hereby, all the rema~mng sections, sentenees,,elauses, paragraphs and phrases of the Denton Policy for Tax Abatement shall remam ~n full for~e and effect SECTION 4 That this resolution shall become effective immediately upon ~ts passage and approval at the regular meeting of the City Council of the City of Denton, Texas, on the 1s' day of May, 2001, at which meeting a quorum was present and which meeting was held m accordance w~th the provisions ofTex Gov 't Code §551 001, et seq PASSED AND APPROVED fins the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 4 Page 2 of 2 EXHIBIT A SECTION III DENTON POLICY FOR TAX ABATEMENT III VALUE OF INCENTIVES The criteria outhned in the Apphcatlon will be used by the Joint Committee on Tax Abatement in determining whether or not it is in the best interests of the affected taxing entlt~e$ to recommend that tax abatement be offered to a partmular project Specific considerations will include the degree to which the individual project furthers the goals and objectives of the community as described in the Denton Comprehensive Plan, as well as the relative impact of the project New, expanding and modernizing businesses may bc considered for abatement ffthe munmum threshold, as described in Table 1 below, is met Once a determination has been made that tax abatement should be offered, the value and term of the abatement may be determined by referencing the following table TABLE 1 Establishes a framework for considering the length of abatement according to assessed real property value of improvements and of tangible personal property located on the real property VALUE OF STRUCTURE AND PERSONAL PROPERTY YEARS OF PERCENTAGE OF 1N MILLION DOLLARS ABATEMENT ABATEMENT 100 10 15- 25% 80 9 15- 25% 65 8 15- 25% 50 7 15- 25% 35 6 15- 25% 20 5 15- 25% 15 4 15-25% 10 3 15- 25% 5 2 15-25% To qualify, companies must meet the mtmmum threshold of the pohcy tn the first 24 months from the execution of the agreement or as specffied in the tax abatement agreement If upon m~tlal apphcatlon a project qualifies for tax abatement under the guldehnes set forth in this pohcy, the taxing ennties may consider granting an additional 5% abatement for each one of the following factors provided, however, that the total tax abatement does not exceed -5- 50% annually or continue for a period of more than ten years No apphcant may receive credit for more than five of the following factors · The project will occupy a bmldlng that has been vacant for at least two years, · The project will create high-skilled, high-paying jobs as documented by the applicant, (A breakdown of number of jobs per job classification and entry level wage per classification will be used to determine eligibility), · The project will involve a significant relationship with one of the two umvers~tles ~n Denton, · At least 25% of the new jobs created by the project will be filled by Denton residents, · The project will provide knowledge-based jobs (at least 25 percent of jobs require college bachelors degree at entry level), · The project will donate slgmficant public art to the community (To quahfy, donation must be approved by Greater Denton Arts Council and City Council), · The project will donate slgmficant materlals/eqmpment to the pubhc schools (To qualify, donation must be approved by DISD and C~ty Council ), · The project vail create improvements to the Denton Central Business District, · The project will result in the formation of a business park, · The project is an international or national headquarters facility The total tax abatement may not exceed 50% annually for ten years All abatements are subject to final approval of the City Council and DISD Board of Trustees, or the County Commissioner's Court. Even though a project may meet the criteria as set forth in this pohcy, an application may be denied at the discretion of the City Council and/or DISD Board of Trustees Tax abatement shall not apply to any port~on of the land value of the project The thresholds as described in Table 1 are considered gmdehncs for estabhsMng thc Tax Abatement Agreement terms However, thc C~ty and DISD may determine that a lower or lugher percentage and/or a shorter or longer term of abatement may be more appropriate for an individual project If abatement ns approved, the City and DISD may consider applying all or a portion of the abatement in the first year or during any shorter period vatMn the term of the tax abatement agreement For example, an approved abatement of 25 percent for four years may be applied as 100 percent abatemant for one year -6- When the City of Denton and Denton Independent School District determine that abandoned property may require additional incentives to promote economic development that generally satisfies the requirements of this pohcy, the taxing entities may waive the mtmmum threshold and/or exceed fifty percent (50%) in tax abatement, or consider other tax incentives for special projects to redevelop abandoned bml&ngs consistent w~th existing law For the purpose of this policy, an abandoned building ts defined as a building that has been identified as being suitable for commercial or industrial development, has been vacant for a minimum of five years or has substantially declined in appraised value Abatement would only be considered on the increased valuation of the improvements tn each year covered by the tax abatement agreement over the value of the property for the year tn which the tax abatement agreement is executed The City of Denton and Denton Independent School District may also consider other tax tncentlves authorized by law -7- CHAMBER OF COMMERCE Board of Directors LETTER OF SUPPORT Dunng ~ts regular meeting on April 19, 2001, the Board of D~rectors of the Denton Chamber of Commerce supported the proposed amendment to the c~ty of Denton Tax Abatement Pohcy to recognize special projects ~n an effort to retain ex,sting businesses, and for expansion/redevelopment of ex~st~ng fac~ht~es that create new or add~bonal professional jobs The Denton Chamber advocates the existence of the Tax Abatement policy that embraces the philosophy of helping to increase the c~ty's ab~hty to effecbvely compete for projects that w~ll broaden, expand and diversify the property tax base Equally as ~mportant, the pohcy should be equally accessible to ex~sbng compames to help preserve Denton's business base Further, the Denton Chamber favors pubhc-~mtlated ~ncent~ves that encourage the expansion and growth of new and ex~st~ng bus,ness, as adopted by the Board of D~rectors on July 15, 1999 Ellen M Painter Chair of the Board ATTEST Charles W Carpenter President 414 PARKWAY · PO DRAWER P DENTON, TEXAS 76202-1719 (940) 382-9693 AGENDA INFORMATION SHEET Dat~_ ~! q~) I .. AGENDA DATE May 1, 2001 DEPARTMENT Management and Budget ACM' Kathy DuBose, Fiscal and Mumclpal Services ~ SUBJECT A resolution to declare the intent to reimburse expcn(htures from the net contributed capital of the Water Fund with Revenue Bonds so that the Lake Ray Roberts Water Treatment Plant may be commenced, and provide an effective date BACKGROUND The Lake Ray Roberts 20 mgd Water Treatment Plan is approved in the Water Fund Capital Improvement Plan and will be constructed in phases It ~s scheduled to be operational by spring/early summer of 2003 Twenty-five mdhon m Revenue Bonds were ~ssued for the lmt~al phase of the project as part of the April 2001 bond sale In order to help m~ntmlze the cost of issuing debt and tie the debt ~ssuance more closely to the phases of the project, the remaining amount wall be ~ssued in 2002 In order to award a construction contract, the full contract amount must be available even though it wall be expended over an extended period of t~me Therefore, the Water System d~wslon is requesting a reimbursement resolution m the amount of $10,895,257 The funds w~ll be prowded by the Water System net contributed capital and will be reimbursed with proceeds from Revenue Bonds sold in 2002 Th~s resolution ~s to provide for a portion of the funding of a $35,895,257 00 construction contract which ~s on the agenda for your approval The remmmng funding for the construction contract is prowded by prewously sold Revenue Bonds PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Cotme~l and PUB have received various updates, worksesslon briefings and taken action on various ~tems related to th~s project over the past several years Key act~ons/remews ~nclude CITY COUNCIL · April 17, 2001- Approval of professional services agreement with Freese & Nichols for construction and post construction phase · May 16, 2000- Approval ofprofess~onal services agreement for final design of LRRWTP and related facdltles · August 24, 1999 - Worksession on LRRWTP cost update PUB · April 16, 2001 - Recommendation of award of construction contract · May 1, 2000 - Recommendation for approval of professmnal services agreement for final design of LRRWTP and related facd~t~es · January 24, 2000 - Update on major demsmns and recommendations from prehmmary demgn workshops FISCAL INFORMATION Th~s resolution will allow $10,895,257 from the Water System Fund net contributed capital to be obhgated and subsequently reimbursed w~th proceeds from Revenue Bonds EXHIBITS Resolution w/attachments Respectfully submitted Anna Mosque~ta ff~/ - D~rector of Management and Budget 2 RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE NET CONTRIBUTED CAPITAL OF THE WATER FUND WITH REVENUE BONDS SO THAT THE LAKE RAY ROBERTS WATER TREATMENT PLANT PROJECT MAY BE COMMENCED, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty of Denton (the "Issuer") ~s a mumclpal corporatlon/politxcal subdIv,sion of the State of Texas, and WHEREAS, the issuer expects to pay expenditures for payment of the construcnon of the Lake Ray Roberts 20 mgd Water Treatment Plant in connection with the water utility CIP project which was previously approved m the 2000-2001 CIP Budget and ~s described in Attachment "A", and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare ars retention, an accordance with the provisions of Section 1 150-2 Treasury Regulations, to reimburse itself for such payments at such t~me as It msues the oblagatmns to finance the projects, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Issuer reasonably expects to incur debt, as one or more series of obligations, w~th an aggregate maximum pnncipal amount equal to $10,895,257 00 for the purpose of paying the costs of the project, as set forth In the attached Attachment "A", which is made a part of this Resolution for all purposes as ,f incorporated word for word herein SECTION 2 All costs to be reimbursed pursuant hereto will be for construction of pubhc works, the purchase of materials, supplies, eqmpment, machinery, and the payment of contractual design fees No tax-exempt obhgat~ons will be ~ssued by the Issuer m furtherance of th~s resolution after a date which is later than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures are made, is placed in service All amounts expended from the net contributed capital of the Water Fund for the Project set forth ~n Attachment "A" to pay any costs of the Project shall be reimbursed from Revenue bond proceeds within the 2001-2002 fiscal year SECTION 3 The foregoing notwithstanding, no tax-exempt obhgation will be issued pursuant to flus resolution more than three years after the date any expenditure wbaeh ~s to be reimbursed ~s paxd SECTION 4 Th~s resolution shall become effective immediately upon its passage and approval S \Our Doeum~nts~esolutmns\01\Re~mburse Water Fund-Ray Roberts doe PASSED AND APPROVED this the day of 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 ATTACHMENT A CIP Prolect Cost New Water Plant $10,895,257 AGENDA INFORMATION SHEET AGENDA DATE May 1, 2001 DEPARTMENT Utility Admlmstratlon ACM. Howard Martm, 349-8232 ~ SUBJECT' Consider adoption of an ordinance accepting competitive b~ds and awarding a contract for the construction of the Lake Ray Roberts 20 mgd Water Treatment Plant, providing for the expenditure of funds therefore, and prowdlng an effective date (Bad 2612 awarded as hsted - total expenditure $35,895,257 00) BACKGROUND The Final Design Plans and Specifications for the Lake Ray Roberts Water Treatment Plant (LRRWTP) were recently completed and the project was released for bids on Monday, February 26, 2001 Bid opemng for the project was on Tuesday, March 27m, 2001 There were a total of three bids received for the project Archer Western Contractors, Ltd, was the low bidder for the project The summary of the bids received is mcluded in Exl'nb~t H Archer Western Contractors Ltd, is a local contracting fn'm based m Arhngton Texas with a good reputation m being able to complete projects with high quality and on schedule They are currently worPang on the City of Arhngton's expansion of the John Kubala Water Treatment Plant and were awarded projects for the C~ty of Flower Mound for a Wastewater Treatment Plant expansion and the City of Dallas for upgrades to the East Side Water Treatment Plant Freese and Nichols has evaluated the bids and is recommending award of the contract to Archer Western Contractors Ltd, ( Exl'nblt III ) The project b~d form meluded a base bid amount for the construction of the raw water pump station, water treatment plant, ground storage tank and lugh service pump station The project award was based upon the base b~d pnee There were also three alternatives (A,B,and C) that were included as owner options to reduce the total project cost if the bid prices were slgmficantly lugher than the engineer's estimate These alternative deductions were for Alternate A Substitute pre-oxidation system The base bid was for a pre ozone eontactor at the water plant sate and the alternate bid was for a potassium permanganate feed system at the raw water pump station site Alternate B Substitute filter med~a The base bid was for granular activated carbon (GAC) filter med~a and the alternate bid was for anthracite filter media Alternate C Elimanatlon of the standby power system emergency generators The bid also included an additive item - Alternate D Th~s alternate provided the contractor an option to provide up to three altemative bids for providang the vertical turbane pumps and variable frequency drives for the high service pump station Tbas addmve alternative was Included to allow the owner a greater level of control over the selection of the hagh service pumping equipment smee a sigmfieant portion of it's life cycle cost IS associated with energy consumption for pumping water rather than matial capital cost Archer Western Contractors, Ltd provided three alternative pump equipment options and Altemate D-2 (Johnson Pump Company), was evaluated as both the lowest initial capital cost and the lowest evaluated cost option The low base bid for the project with Alternate D-2 included was $ 35,160,257 The final engineer's cost estnnate was $ 33,056,084 Since the low bid pnce was over the final engineer's cost estimate by approximately 6 3%, staff revaluated the relative merits of Alternates A,B and C in relation to their combined financial mapact on the project Alternate A would reduce the total construction cost by $ 300,000 ( approxnuately 0 85% of the total project cost ) It would reqture the operation of a dry potassium permanganate feed system at the raw water pump station and the storage of the chenncal at the water plant site TI'ns chemical feed system IS operationally less reliable and requires a greater level of operations and maintenance attention than the ozone based pre-oxidation system that was included in the base bid The pre-ozone contactor would use ozone generated on site for the intermediate ozone contactor and would provide improved taste and odor control, improved pre-oxidation benefits, lower sludge volumes and improved disinfection process credits for regulatory compliance Freese and Nichols and staff are not recommending Alternate A be accepted Alternate,B would reduce the total construction cost by $125,000 ( approximately 0 36% of the total project cost ) The base bid filter media was GAC and would prowde an improved level of performance for optnnizmg orgamcs removal through biological filtration The GAC filter media would also provide some short term improvements with organics removals through absorption but flus benefit would not last beyond the first two to three years of operation The alternate filter media ( anthracite ) would be more durable, less ltkely to break down or be camed out of the filter dunng the backwash cycle Due to the cost savings and the net benefits, Freese and Nichols and staff are recomrnendmg that Alternate B be accepted Alternate C would reduce the total construction cost by $ 675,000 ( approximately 1 92% of the total project cost ) The base bid included provisions for emergency standby power generators since the plant facilities are located at the end ofa 8 7 nule single feed electnc supply line Power outages can be expected to occur on this single feed line due to weather, wildlife, and traffic or construction accidents The standby power generators are sized to support the electrical power supply needs for the raw water pump station, water treatment plant and high service pump station eqmpment Standby power generators will improve the rehabflity of the city's entire water supply system and reduce the nsks of water supply Interruptions due to these incidents Staff believes the omission of these facilities from the project represents an increased level of 2 risk that is greater than the capital cost savings Therefore, Freese and Nichols and staff are not recommending that Alternate C be accepted The bid also included three allowance bid items These bid items were established by the owner and ~ncluded allowances for work not shown in the contract documents that may be added by the owner after the start of the construction The fimds in these ~tems may or may not be used dependm$ upon the situations that arise during construction, and the owner reserves the right to delete any or all of these bid mounts from the contract if the owner determines they are not needed These allowance bid items would be used to fund any change orders that could occur on the project dunng the construction phase The three allowance b~d ~tems mcinded ~n the b~d form are hsted below Allowance AA -Upgrade of the SCADA System $ 50,000 Allowance BB - Additional Work Allowance $ 700,000 Allowance CC - Addmonal Sidewalk $ 25,000 Allowance AA promdes for any upgrades to the Supervisory Control And Data Acqms~tlon System ( SCADA ) detemnned to be necessary by the owner Tins allowance was mcluded an the bids since SCADA system technology changes rapidly and owner desired enhancements for SCADA systems dunng a two-year construction period are typically encountered on mumclpal water treatmetit\plant projeets Requests for payment from this Ind ~tem will not be approved until an executed change order doeumant approved by the owner has been Issued Change order costs are to be calculated by one of the allowable change order methods described m the contract documents Any change order amount for thts item that exceeds $ 25,000 would also reqmre City Council approval according to legal's interpretation of current state law Freese and N~chols and staff are recommendmg that Allowance AA be included m the bid award Allowance BB provldas for any change orders that are ~dentlfied and approved by the owner dunng construction of the project Tins allowance was based upon a performance target for all change orders of approximately 2% of the construction cost estimate for the project Thru was consistent w~th staff d~rectaon from the PUB and City Council during briefings at the December 18, 2000 PUB and January 23, 2001 C~ty Council meetings Requests for payment from flus bid item will not be approved unUl an executed change order document approved by the owner has been issued Change order costs are to be calculated by one of the allowable change order methods described m the contract documents Any change order amount for tins ~tem that exceeds $ 25,000 would also require City Council approval according to legal's interpretation of current state law Freese and Nichols and staff are recommending that Allowance BB be included in the b~d award Allowance CC provides for adthtmnal sidewalks to be installed beyond those shown on the plans and establishes a umt price for s~dewalk mstallatlons Thru ~s a typical approach used by Freese and Nichols to address anlae~pated changes for owner requested s~dewalk additions they typically eneounter on water treatment plant projects However, smcetheCltyofDenton' Water Productmn staff had carefully reviewed the sidewalk plan~s let out for b~d and the umt price bid by Archer Westem Contractors Ltd, was not favorable compared to current C~ty of Denton bids ( $ 50 00 vs $ 28 80 per square yard ), staff m not recommendmg that Allowance CC be mcluded m the b~d award Any sidewalk adcht~ons for the project can be handled as a negotiated change order mount prod for under the general Allowance BB OPTIONS: Approve the award of the project to Archer Western Contractors, LTD, for the base bid with alternatives consistent w~th recommendations by staff and Freese and Nichols, Inc, for the total mount of $ 35,785,257 Approve the award of the project to Archer Western Contractors, LTD, for the base bid w~th alternatives chfferent from the recommendations by staff and Freese and Nmhols, Inc ReJect all b~ds and release the project for bids agmn RECOMMENDATIONS. Staff recommends award of the construction contract to Archer Western Contractors, LTD, as the qualified lqw bidder The recommended project award is for a total mount of $ 35,785,257 A summary of the b~d alternatives included in thts recommendation are summarized below Base Bid $ 34,293,257 Deductave Bid Alternate B (Filter Media) $ 125,000 Additive B~d Alternate D-2 (High Service Pumps) $ 867,000 Sub Total (Base Contract Amount) $ 35,035,257 Allowance Items ( As authorized by the Owner ) AA - Upgrade of the SCADA System $ 50,000 BB - Addxtlonal Work Allowance $ 700,000 Sub Total of Allowance Items $ 750,000 Total Project Cost $ 35, 785,25 7 The Public Utlht~es Board recommended award of the construction contract to Archer Western Contractors, Ltd, with the alternatives and allowance items as recommended by staff at the April 16, 2001 PUB meeting by a vote of 6-0 PRIOR ACTION REVIEW (COUNIL~ BOARDS, COMMISSION) PUB August 23, 1999 - Dlscusmon on the LRRWTP cost update and 10-mgd vs 20-mgd plant construcUon October 4, 1999 - Approval of the preltmmary dastgn contract w~th Freese & Nichols, Inc 4 January 24, 2000 - Receave an update from staff on the major decisions and recommendations fi:om the prelmunary design report workshops April 3, 2000 - Approval of the prelmnnary design report as prepared by Freese & Nichols, Inc May 1, 2000 - Approval of the professional services proposal from Freese & N~chols, Ine, for the final design of the LRRWTP and related facilities December 18, 2000 - Received a Report from Staff Concermng Adm~mstrat~ve Procedures for Processing Change Orders for the Lake Ray Roberts Water Treatment Plant Project February 5, 2001 - Approval of the professional services proposal from Montgomery Watson, Ine, for the configuration of the SCADA system and process control system Marcia 5, 2001 - Consider the professional services proposal from Freese & Nichols, Inc, for the construction and post construction phase of the LRRWTP project March 19, 2001 - Approval of the professional services proposal from Freese & Nichols, In¢, for the construction and post construction phase of the LRRWTP project April 16, 2001 - Approval of the Bid Award to Archer Western Contractors, Ltd, for the Construction of the Lake Ray Roberts Water Treatment Plant City Council August 24, 1999 -D~scussion on the LRRWTP cost update and 10-mgd vs 20-mgd plant constrd6~tion November 2, 1999 - Approval of the preliminary design report contract with Freese & Nichols, Ine February 8, 2000 - Receive an update from staff on the major decisions and recommendations from the prelmalnary design report workshops April 11, 2000 - Receive an update from staff on the prehmmary design report as prepared by Freese & Nichols, I. nc April 18, 2000 - Approval of the preiam~nary design report as prepared by Freese & Nichols, Ine May 16, 2000 - Approval of the professional services proposal from Freese & N~chols, Ine, for the Final Design of the LRRWTP and related facilities January 23, 2001 - Received a Report from Staff Concerning Admmlstrative Procedures for Processing Change Orders for the Lake Ray Roberts Water Treatment Plant Project February 20, 2001 - Approval of the professional services proposal from Montgomery Watson, Ine, for the eonfignratlon of the SCADA system and process control system April 17, 2001 - Approval of the professional services proposal from Freese & Nichols, hie, for the construction and post construction phase of the LRRWTP project ESTIMATED SCHEDULE OF PROJECT The plant should be operational by the spnng / early summer of 2003 The current schedule for the project is detailed m Exlublt IV FISCAL INFORMATION' A cost summary for the project as det0aled below Prehmlnary Desagn Phase PSA wath Freese and N~chols, hac $ 142,700 Final Deslgn Phase PSA wath Freese and Nachols, Inc $ 2,162,929 SCADA Configura~on Services PSA wath Montgomery Watson, Inc $ 442,046 Construction and Post Cons~uctaon Phase PSA wath Freese and Nachols, Inc $ 987,090 Constmctaon Cost for LRRWTP and related facflataes(lncluchng allowances) $ 35,785,257 Constmctaon Cost Esttmate for 42" Raw Water Pipeline $ 1,319,700 Project Total (not aneludmg an-house services) $ 40,839,722 The following funds were budgeted for the project m the Capital Improvements Program FY 2000 - #00-0460A01 Ray Robe,s WTP and Raw Water Facfll~es $ 3,580,000 FY 2001 - #0460-G-1 Ray Robe,s WTP and Hagh Servace Pump Station $ 36,000,000 Existing bonds sold dunng FY 2000 and proposed bond fund sales for FY 2001 will be used to fund the proj e~[ Bond Fund Summary FY 2000 - All Water Fund ProJects $ 21,171,500 FY 2001 - All Water Fund ProJects (Proposed) $ 29,010,000 Total $ 50,018,50 See Extublt I Respectfully submitted Howard Martin Assastant City Manager, Utilities Prepared by T~mothy S F~sher, P E Assistant D~reetor of Water Ut~ht~es Exhibit I - Location Map Exlub~t II - B~d Results Exhibit III - April 5, 2001 Letter of Recommendation of B~d Award from Freese and N~chols, Inc Exlub~t IV - Construction Schedule Extub~t V - Or~hnance Ray Roberts Water Site' HARTLEE F1ELD fa~ LONG Location Map,- - Lake Ray Robe,s Treatment Ptan~ 6 FFIEESE',NICHO LS April 5, 2001 Mr T~n Fuher, P E Asmstant D~rector - Water Utth~aes C~ty of Denton 901-A Texas Street D~ton, Te~ 76201 Re C~W of Denton L~e ~y Robem S~ace Water Tre~ent Plmt Recommen~on of Awed of Con. ct ~ F~sh~ ~ On Tuesday, ~eh 27, 2001, bxds were opened for ~e referenced project. ~ee (3) bi~ were recmved for ~'~roject ~ ~cher Western Con. actors, Ltd, being ~e app~em low b~dder A copy of ~e bid mbula~on m amhed for yo~ use (A~t 1) ~cher Wem~' s proposfl com~sted of 5 brae b~d ~t~s, 4 fltemate b~d lte~ ~d 3 ~ow~ce ~te~ ~e to~ b~e Md m $34~93,257 00 It is r~ommended ~t btd flte~te B, w~ch m ~e ~bs~m~on of m~xte ~ter me&a m heu of ~ ~vated c~bo~ be ~c~ted for a dedu~ve,momt of $125,000 It m incommoded bid ~te~te ~tem D-2, ~e Jo~ton ~gh se~ce prop ~Iem, w~c~ m ~e lowest ~ted price ~d evil.ted price be ~cepted for ~e ad&~ve momt of $867,000 ~e recomm~n on ~e p~p ~d ~e ~ffa~'s peffom~ce w~V lc=er ~d bac~p ~om~on m mcl~ed (A~ent 2) It m recommemded ~at deduc~ve Md flmmtes & C, D-1 md D-3 not be ~cepted It m recomme~ed ~ fllow~ce lte~ ~, BB md CC be ~cepted for ~e tot~ ad&~ve mo~t of $775,000, B~ed upon ~ent md p~t expenenc~ ~ ~ We~em ~d upon review of ~e~ b~d ~opos~, ~e comply appem m be experienced ~d capable ofpeffo~mg ~e work included m ~s proj~t We recommend ~ ~e con~t be aw~ded to ~cher We~m Con~acmm, Ltd, for ~e m~ mo~t of $35,810,257 00, whch mclu~s T \Cort~ond~m~kR~cornm~n6amon of Award-Demon LRRW'I~2 doc Freese and Nlchots, Inc · Engineers · Enwrcnmentai Sc~en~sts ~ Arch~te~ 1701 No~ M~et Street ffi Suite 500 LB 51 ffi Dallas, Texas ffi 7~202 21&920-2500 ffi F~ 214-020-2565 8 EXHIBIT III April 5, 2001 Page 2 of 2 Base B~d $34,293,257 00 Deductave B~d Alternate B (I25,000 00) AddaB. ve B~d Alternate Item D-2 867,000 00 Allowance Items AA 50,000 00 BB 700,000 00 CC 25,000 00 $ 35,810,257 00 If you have any questmns, please do not hemtate to call. Attachment ji~ ~ ~ ~ ~HHHHHH 10 Attachment 2 I='R EESE - NICHOLS TO. Ray Longona, P E FROM. Rusty G,bson, P E SUBJECT Lake Ray Koberts Water Treatment Plant (LRRWTP) HSPS - Pump Bids DATE April 2, 2001 We have rewewed the Alternate B~ds for the HSPS pumping umts We recommend that the C~ty of Denton awardk~e project based on Alternate D-2, winch m based on the subnnttal from Johnston Pump Company&We~' feel that the Johnston Pump B~d is the best offering, and m m the best interest of the C~ty of Denton The b~ds were as follows Flowserve Johnston Ruhr Stated B~d Price $946,000 $867,000 $1,100,000 Evaluated Pnce $929,350 $867,000 $1,077,350 The evaluated trace m based on a penalty or credit for the stated guaranteed effimcnmes for each of the pump offerings The ongmal b~d of JohnSon Pump Company did not fully meet the job specfficaUons They have proposed an alternate pump, which does meet the spemficauons The alternate pump m a larger pump w~th ingMr effic~enmes 'than then' original subnnttal They have stated they will supply the larger pump at the~r ong~na! b~d pnee Your b~d award letter to Archer Wastem should include the attached documentauon for the pumps to be supphed for the H~gh Semee Pump Stauon [dtn00343h] ~hsps\pump b~d recom NICHOLS * 4055 I>ITF.~R-NATIONAL pLAZA 3131T~ 200 · FORT WORTH TEXA~ 761094895 ~ ~PI*-ION~ 817-735-7300 · ivlETP, O 817~429-1900 · FAX 817-735-7491 11 \%M0SF. S\WP_R0~0(B¢39'rlSP$ FiLESkPUMP BID RECOM DOC ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE LAKE ROBERTS 20 MGD WATER TREATMENT PLANT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2612 - AWARDED AS LISTED BELOW TOTAL EXPENDITURE $35,785,257 00) WHEREAS, the City has sohmted, and received competmve sealed b~ds for the construction of pubhc works or tmprovements m accordance w~th the procedures of STATE law and C~.ty ordinances, and WHEREAS, the Qty Manager or a demgnated employee has received and recommended that the herein, described b~ds are the lowest respondent for the construction of the pubhc works or ~mprovements described m the b~d mvataUon, and plans and spemficauons thereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competmve sealed bid for the constmctmn ofpubhc works or ~mprovemant~o as described m the "Sealed Bad InwtaUons", or plans and specfficaUons on file m the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responmble b~ds BID NUMBER ITEM CONTRACTOR AMOUNT 2612 Base B~d w~th Alternates Archer Western Contractors Ltd $ 35,785,257 00 D-2 & B and Allowances AA &BB SI~CTION II That the acceptance and approval o f the above competitive sealed b~d shall not constitute, a contract between the C~ty and the person submitting the b~d for constmcUon of such pubhc works or ~mprovements hereto accepted and approved, tmUl such person shall comply w~th all reqmrements spemfied m the NoUee to Badders including the treacly execution of a written contract and furmshmg of performance and payment bonds, and insurance certaficate after notaficatmn of the award of the b~d SECTION Ili That the C~ty Manager m hereby authorized to execute all necessary written contracts ~or the performance of the construction of the pubhc works or maprovements m accordance w~th the b~ds accepted and approved hereto, prowded that such contracts are made m accordance w~th the Notace to B~dders and Request for Sealed Bids, and documents relating thereto spemfymg the termsl con~ht~ons, plans and spemfieat~ons, standards, quantities and specffied sums contmned 14 EXHIBIT V therelI1 SECTION IV That upon acceptance and approval ofthe above competmve sealed bids and the execuUon of contracts for the pubhc works and ~mprovements as authorized herein, the C~ty Council hereby authorizes the expenditure of funds in the manner and ~n the amount as specified ~n such approved b~ds and authorized contracts executed pursuant thereto SECTION V That flus 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 BID xxxx - PUBLIC WOP~ON~CTUAL ORDINANCE 4w01 15 Agenda No ~-I~ AgendalteJ~ , ~ LL.~ .. AGENDA INFORMATION SHEET AGENDA DATE May 1, 2001 DEPARTMENT Uffiity Administration ACM. Howard Martin, 349-8232 SUBJECT: A resolution accepting the res:gnation of Howard Mart~n and appointing T:mothy S F:sher as the C~ty's representative to serve as a member of the Board of D~rectors of the Upper Tnmty Regional Water D~stnct, and prowdmg an effective date BACKGROUND: Howard Martin, Assistant D~rector of Ut~hties, was appointed to the Board of the Upper Tnmty Regmnal Dastnct (UTRWD) on February 16, 1999 Howard accepted the appointment after the resignation of Pubhc Utihties Board Member Bob Coplen Howard's term expires May 31, 2001 Howard has decided not to seek re-appointment, but recommended to the Pubhc Utihtles Board at their April 16, 2001 meeting, that T~m Fisher, Assistant Water Director, be appmnted T~m Fmher has served on the UTRWD Board as the alternate for Howard Mamn and would be the best representative from the C~ty of Denton w~th a complete knowledge and lustory of the msues presented. The Public Utihty Board Members agreed w~th Howard's recommendation, a motion was made and passed unammously by a vote of 6-0 to appoint T~m F~sher as the C~ty's representative on the UTRWD Board The Pubhc Utihties Board then ~nstmcted staff to prepare a resolution to be presented to the C~ty Councd officially appmntlng Mr F~sher to serve as the C~ty's representative Respectfully submlttqd 215 E. McKINNEY DENTON, TX 76201 · (940) 349-8230 · FAX (940) 349-8120 UTILITY ADMINISTRATION April26,2001 Thomas E, Taylor Executive Director Upper Tnmty Regional Water District 396 W Mmn Suite 102 P O Drawer 305 Lewlswlle, TX 75067 Dear Mr Taylor My term on the Upper Tnmty Regmnal Water District Board of D~rectors will expire May 31, 2001 I have decided not to seek reappo~ntment to the Board Please except flus letter as my official reslgnatmn effective May 1, 2001 I am ~ncludlng with my letter of resignation, a copy of the resolution that the C~ty Council passed May 1, 2001, appointing Mr T~m F~sher, Assistant D~rector of Water, as the new Board Member T~m will bnng valuable knowledge and expenence to the Board Even though I will not be serving on the Board, I look forward to worlang with you and the D~stnct Intenm City Manager C~ty of Denton Attachment I Resolution Attachment II Term expiration letter from the Upper Tnnlty Water District RESOLUTION NO A RESOLUTION ACCEPTING THE RESIGNATION OF HOWARD MARTIN, AND AP- POINTING TIMOTHY S FISHER AS THE CITY'S REPRESENTATIVE TO SERVE AS A MEMBER OF THE BOARD OF DIRECTORS OF THE UPPER TRINITY REGIONAL WA- TER DISTRICT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Howard Martin, Assistant City Manager for Utilities, and now serving as Interim City Manager, who currently serves as the appointed City of Denton representative as a member on the Board of D~rectors of the Upper Tnmty Regional Water District ("UTRWD') has recently completed bas term of office as a UTRWD Director, and has resigned his position, and WHEREAS, the City of Denton wishes to appoint as its representative to the UTRWD Board of Directors, a city staff member who is involved with the day-to-day activities and opera- tions of the water utility, as well as the environmental and governmental aspects of the city, be- ing familiar with the important issues facing the city, and WHEREAS, the City of Denton wishes to appoint Timothy S Fisher, who also CtUTently serves as the city's Assistant Director for Water Utilities, as the designated City of Denton repre- sentative, to serve as a member of the UTRWD Board of Directors, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the resignation of Howard Martin as the City of Denton's representa- tive serving as a member of the UTRWD Board of Directors, is hereby accepted, with the grati- tude of the City Council expressed hereby for his community service SECTION 2 That Timothy S Fisher is hereby appointed as the City of Denton's representative, to serve as a member of the UTRWD Board of Directors SECTION 3 That the Intenm City Manager, or his designee, is hereby directed to transmit a true and correct copy of tbas resolution to appropriate officials of the UTRWD SECTION 4 That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED tbas the day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Resolutlons\01\UTRWD Board Aptmt 2001 Tim Fisher Resolution doc 04/26/01 10 14 FAX 9722219898 UPPER TRINITY WD ~002 396W Main, Susie 103 PO Drawer30~ Lew[~-~lls 'T'X75067 REGIONAL WATER DISTRICT (972) 319 1220, Fax (972) 221 9890 February 27,2001 Ma Eullne Brock, Mayor City of Denton 215 E Mcklnney St Denton, TX 75201 Re' Board Representative Term Expiration Dear Mayor Brock This letter is to notify you that the term of Mr Howard Martin, your representative on the Board of Directors for the District, w~ll expire on May 31,2001 Mr Martin has done an outstanding job as your representabve on the Board We suggest that he be reappointed However, if the City Council would prefer to make a different appointment, you may do so To be ehg~bla for appointment, the person must be a registered voter that resides mthln the City's boundaries or w~thin the boundanee of the Upper Trtnlty Regional Water D~stn~t Once the appointment or reappolntment ~s made please send a copy of the minutes or resolution confirming action of the governing body to Nancy Tam, Assistant Secretary, Board of Directors at the above address Please call Nancy Tam or me if you have any questmns Sincerely, Thomas E Taylor Executive Director TETtJe c Howard Martin, Board Representative, C~ty of Denton 04/20/01 10 14 FAX 9?22219895 UPPER TRINITY WI) ~001 FAX MEMO ~,6w M..,~u,.,o. (9721 219-1228 FAX (972} 221~806 FROM NANCY T. TAM THIS TRANSMISSION IS SOBMITFED ,~FFoOR YOUR INFORMATION ( ) FOR YOUR REVIEW AND COMMENTS R YOUR APPROVAL ( ) FOR YOUR FILE ( ) P~=R YOUR REQUEST ( ) __ COMMENTS; C \ FORM~AX~,fl'I~M ms . Agenda Item, , ~, d~.~ ~ AGENDA INFORMATION SHEET AGENDA DATE: May 1, 2001 DEPARTMENT: City Manager's Office CM/DCM/ACM. Howard Martin, Interim C~ty Manager SUBJECT: Consider adoption of an ordinance amending Ordinance 94-183, and Section 2-29 of the City of Denton Code relating to roles of procedure for the City Council of the City of Denton, and all amending ordinances, and repealing and consolidating ordinances 76-48, 81-35, 90-026, 90-150, 92-115, 93-073, 94-183, 96-045, 96-057, 96-085, 96-257, 98-246, 98-325, 98-415, 99-028 and 2000-420 BACKGROUND. On September 24, 1994, the City Council adopted Ordinance No 94-183 relating to the Rules of Procedure for the City Council thus eonsohdatlng Ordinance No 90-026 and several amending ordinances into the new rules of procedure Since the adoption of that ordinance, the rules of procedure have been amended several times Copies of Ordinance No 94-183 and the subsequent amending ordinances are attached At the Work Session of April 24, 2001, Council instructed staffto revise Section 6 l(a) of the rules of procedure to allow discussion and consideration of items pulled from the consent agenda prior to the pubhc hearings In addition, Section 6 4(b) has been revised to reflect the ~ntem of Ordinance No 98~246 granting c~tlzans the right to speak on any item on the consent agenda whether ~t was pulled or not Council further ~nstructed staff to bnng forth an ordinance that consolidates all of the amendments and provides an updated Rules of Procedure for the Council OPTIONS: 1 Approve the ordinance amending and consohdating the Rules of Procedure 2 Take no action RECOMMENDATIONS: Staff recommends Option # 1 PRIOR ACTION/REVIEW (Council, Boards, Commission): The City of Denton City Council approved Ordinance No 94-183 relating to Rules of Procedure for the City Council in September 1994 The Rules of Procedure were amended by the following ordinances 96-045 (February 1996), 96-057 (March 1996), 96-085 (April 1996), 96-257 (November 1996), 98-246 (August 1998), 98-325 (October 1998), 98-415 (December 1998), 99- 028 (February 1999), and 2000-420 (November 2000) In addition, City Council considered further amending the Rules of Procedure to allow consideration of items pulled from the consent agenda prior to the pubhc hearings at the April 24, 2001, work session Respectfully submitted B&ty Wfil~at~s D~rector of Management & Pubhc Information Attachments Ordmance No 94-183 Ordinance No 96-045 Ordinance No 96-057 Ordinance No 96-085 Ordinance No 96-257 Ordinance No 98-246 Ordinance No 98-325 Ordmance No 98-415 Ordinance No 99-028 Ordinance No 2000-420 Draft Ordinance (page 35) NOTE Amended by Ordinance No. 96-045 amenaea oy vraznance mo. Amended by Ordinance No. 96-057 Amended by Ordinance No. 99-028 Amended by Ordinance No. 96-085 Amended by 0rd]nance No. 2000-420 IA mended by Ordinance No. 96-257 Amended by Ordinance No. 98-246 Amended by Ordinance No. 98-325 AN ORDINANCE AMENDING ORDINANCE NO. 90-026 RELATING TO RULES OF PROCEDURE FOR THE CITY cOUNCIL OF THE CITY OF DENTON, TEXAS, AND REPEALING ORDINANCES 93-073, 92-115, AND 90-150; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Constitution and Laws of the State of Texas, and Section 2.07 of the city Charter of the City of Denton, Texas, authorize the city Council of said city to promulgate and establish rules of procedure to govern and conduct meetings, order of busi- ness, and decorum, while acting as a legislative body representing said city; and WHEREAS, because of its desire to more effectively and effi- ciently serve the public through the medium of public meetings, it has become necessary to amend the rules of procedure; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: ~ Ordinance Numbers 93-073, 92-115, and 90-150 are hereby repealed, and Ordinance Number 90-026 is hereby amended to read as follows: 1. AUTHORITY 1.1 Charter Pursuant to the provisions of Section 2 07 of the Charter of the city of Denton, Texas, the City Council hereby enacts these rules of procedure for all meetings of the city Council of the city of Denton, Texas. During any meeting, a reasonable opportunity shall be given for citizens to be heard under these rules. These Rules of Procedure are enacted as guidelines to be followed by all persons in the Council Chamber including the city admInistrative staff, news media, and visitors. 2. 2.1 M~etinqs to be Public: All official meetings of the Council and Council committees and subcommittees, except closed meetings permitted by the provisions of the Texas Open Meetings Act, Chapter 551, TEX. GOV'T. CODE ANN. (Vernon 1994), as amended, shall be open to the public. 2.2 Quorum: Four members of the Council shall constitute a quorum for the transaction of business. (Charter, Section 2.06) 2.3 ComDellin~ Attendance: No member shall be excused from attendance at a Council meeting except for good and valid reasons 3 2.4 ~= The Council may punish its own members for misconduct. 2.5 Minutes of Meetinas= An account of all proceedings of the Council shall be kept by the city Secretary and shall be entered in a book constituting the official record of the Council. A certified agenda shall be prepared for all closed meetings and shall be approved by the Mayor in accordance with Chapter 552, TEX. GOV'T. CODE ANN. (Vernon 1994), as amended. 2.6 Ouestione to Contain One Subte~= All questions submit- ted for a vote shall contain only one subject. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. 2.7 ~L~: Ally member desiring to speak shall be recognizedhythe Chairperson, and shall confine his or her remarks to the subject under consideration or to be considered. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. 2.8 ~: The City Manager, or Acting City Manager, shall attend all meetings or,he Council unless excused. He or she may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote. (Charter, Section 5.03 (d)) 2.9 ~: The City Attorney, or Acting City Attorney, shall be available upon request for all meetings of the Council unless excused and shall, upon request, give an opinion, either written or oral, on questions of law. The City Attorney shall act as the Co~ncil's parliamentarian. 2.10 ~: The City Secretary, or Acting City Secretary, shall attend all meetings of the Council unless excused, and Shall keep the official minutes and perform such other duties as may be requested by the Council. 2.1~ Officers and Emnloveee: Any officer or employee of the City~ wheltre~uestedbythe City Manager, she11 attend any meeting of the Cotl~il. If rec/ttested to do so by the city Manager, such emplgyee mmy present information relating to matters before the Council. 2.12 ~L~9~,~_~T~: These rules govern the proceedings of the council in all cases, except that where theserules are silent, the moe~ reoen~ Edition of Robert's Rules of Order revised shall govern. 2.13 Susueneion of Rules: Any provision of these rules not governed by the City Charter or Code may be temporarily suspended PAGE 2 by the affirmative vote of four members of the Council. The vote on any such suspension shall be taken by yeas or nays and entered into the minutes of the Council. 2.14 Amendment of Rule~= These rules may be amended, or new rules adopted by the affirmative vote of four members of the Council, provided that the proposed amendments or new rules shall have been introduced before the City Council at a prior council meeting. (a) During Council meetings, Councilmembers shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt ~he proceedings nor refuse to observe the rules of the Council. (b) A Councilmember, once recognized, shall not be interrup- ted while speaking unless called to order by the Mayor or presiding officer, unless a point of order is raised by another member or the parliamentarian, or unless the speaker chooses to yield to ques- tions from another member. If a Councilmember is called to order while he or she is speaking, he or she shall cease speaking immedi- ately until the queetion of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled to be not in order he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the Council. 3.2 Administrative Staf~ (a) Members of the Ad~inistrative staff and employees of the City shall observe the same rules or procedure and decorum applica- bls to me~bers of the Council, and shall have no voice unless and until recognized by the Chair. (b) Whilst he presiding officer shall have the authority to preserve de~oL~tmin meetings as far as staff members and City em- ployeem we concerned, the city Manager also shell be responsible for the ord~ly conduct and decorum of all City employees under his or her dXre~cion and control. (o) The City Manager shall take such disciplinaryaction as may be necessary to insure that such decorum is preserved at all times by City employees in Council meetings. (d) All remarks and questions addressed to the Council shall be addressed to the Council as a whole and not to any individual member thereof. PAGE 3 (e) No staff member, other than a staff member having the floor, shall enter into any discussion either directly or indirect- ly without permission of the presiding officer. 3.3 Citizens= (a) Citizens are welcome and invited to attend all meetings of the Council, and will be admitted to the Council Chamber up to the fire safety capacity of the room. (b) All Citizens will refrain from private conversations in the Chamber while the council is in session. (c) Citizens attending Council meetings shall observe the same rules of propriety, decorum, and good conduct applicable to the administrative staff. Any person making personal, impertinent, or slanderous remarks or who becomes boisterous while addressing the Council or while attending the Council meeting shall be removed from the room if the Sergeant-at-Arms is so directed by the presi- ding officer, and such person shall be barred from further audience before the Council during that session of the Council. (d) Unauthorized remarks from the audience, stamping of feet, applauding, whistles, yells, and similar demonstrations shall not be permitted by the presiding Officer, who shall direct the Sergeant-at-Arms to remove such offenders from the room. In case the presiding officer shall fail to act, any member of the Council may move to require him or her to act to enforce the rules, and the affirmative vote of four (4) members of the Council shall require the presiding officer to act. (s) No placards, banners or signs of any kind will be permitted in the Council Chamber except exhibits, displays and visual aids used in connection with presentations to the Council, provided that such exhibits, displays and visual aids do not disrupt the meeting. 3.4 ~l The City Manager, i, the abee~e_o~f a desiqll&te~law enforcement officer, shall act as Sergeant at Arms forths cmmoil, and shall furnish whatever assistance is needed to enforoe~ rules of decorum herein established. 3.5 SeetinaArrsn~ement~ The City Secretary, City Manager and City Attorney shall 0ocupy the respective seats in the Council Chamber assigned to t he. by the Mayor, but any two or more members of the Council may exchange seats. 4.1 ~: The Council shall meet at seven o'clock p.m. on the first and thirdTuesday of each month or at any PAGE 4 other times sst by the Council, unless postponed or canceled for valid reasons. All regular meetings of the Council will be held in the Municipal Building at 215 East McKinney Street, or such loca- tion as the City Council may by motion, resolution or ordinance designate. 4.2 ~_~~ Special meetings may be called by the Mayor, the City Manager, or by any three members of the Council. The call for a special meeting shall be filed with the City Secre- tary in written form, and he or she shall poet notice thereof as provided by law. 4.3 Workshop Meetinas~ Workshop meetings or work sessions may be called using the same procedure required for special meet- ings. (See Sec. 4.2) The purpose of the workshop meeting is to discuss or ex-plots matters of interest to the City, to meet with a City Board, Commission, or Committee Members, City staff or officers of civic organizations, governing bodies or individuals specifically invited to the session by the Mayor, Council or City Manager. These meetings ere informational and normally, no final action shell be taken unless the posted agenda indicates otherwise. Citizens or other interested persons attending the work session will not be allowed to par~ioipats in the session unless invited to do so by the Mayor. Citizens should be advised of the nature of the work session and that their input may be received and consid- ered at a regularly scheduled council meeting where the agenda pro- vides for final action to be taken on the matter. The purpose of this procedure is to allow the citizens attending the regular meeting the opportunity of hearing the views of their fellow citizens in a more formal setting. Any citizen may supply the City Council a written statement or report regarding the citizen~s opinion on · matter being discussed in a work session. If the Mayor invites citizens to participate in a work session, their participation will cease at the point the Mayor closes the session to public input to allow the Council to give City staff direction as to needed information for the possible future meeting without distracting comment from the audience. 4.4 Emeraenav Meetinas= In case of emergency or urgent public necessity, which sh&ll be expressed in the notice of the meeting, alt e~ergen~ymeeting may be called by the Mayor, the City Manager or b~ ~ee me~bers of the Council, and it shall be suf- ficient if the notice is posted two hours before the meeting is convened. 4.S ~~ The Council may meet in a closed meeting pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, TEX. GOV~T CODE ANN. (Vernon 1994), as amended. PAGE 5 4.6 Recessed Meetinos= Any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 4.7 Notice of Meetinoe: The agenda for all meetings, inclu- ding Council Co~mittee or Subcommittee meetings, shall be posted by the City Secretary on the Cityes official bulletin board and notice of all meetings shall be given by the City Secretary pursuant to the requirements of the Texas Open Meetings Act, Chapter 551 TEX. GOV'T CODE ANN. (Vernon 1994), as amended. 5. PRBSZDXMQ oPPzon]~ DUTZ~S 5.1 Presidina Officer: The Mayor, or in the absence of the Mayor, the Mayor Pro-Te~, shall preside as chairman, or presiding officer at all meetings of the Council. In the absence of both the Mayor and Mayor Pro-Tam, ~he Council shall elect a temporary preei- ding officer. (Charter, Section 2.03) 5.2 ~= The meetings of ~lle Council shall be called to order by the Mayor, or in his or her absence, by the Mayor Pro-Tom. In tho absence of both the Mayor and the Mayor Pro- Tam, the meeting shall be called to order by the City Secretary, and a temporary presiding officer shall be elected ag provided above. 5.3 Preservation of Order: The presiding officer shall preserve order and decorum, and confine members in debate to the question under discussion. The presiding officer shall call upon tho Sergeant-at-Arms as necessary to enforce compliance with the rules contained herein. 5.4 ~L~9_~= The presiding officer shall determine all points of order, subject to the right of any member to appeal to the council. If any appeal is taken, the question shall be, "Sha~l the deoision of the presiding officer bo sustained?". If a majority of the me~d~ere present vote "No#, the ruling of the chair is overruled~ oth~rwise, it is sustained. 5.5 Oueetione to be Stated= The presiding officer shall state ell qlAestions sub~itted for a vote and announce the result. A roll O811 vote shall betaken upon the request of any member, and upon the passage of all ordinances and resolutions. 5.6 ~betitution for Presidina Officer= The presiding officer may 0ell any other member to take his or her place in the chair, such substitution not to continue beyond adjournment. 5.7 ~= The presiding officer may call for a recess of up to fifteen (15) minutes at reqular intervals of PAGE 6 approximately one hour at appropriate points in the meeting agenda, or if requested by any two members. 6. ORD~I% OP BUBZNBS~ 6.1 ~: The order of business of each meeting shall be as contained in the agenda prepared by the City Manager. The agenda shall he e listing by topic of subjects to be considered by the Council. Placement of items on the agenda shall be governed by this Section and Section 6.3; provided that if a Counoilmember has an "emergency" item that the Counoilmember believes should be placed on the next reqular or special meeting agenda, the placement must be approved by two members of the Agenda Committee. Conduct of business at special meetings and Council Committees and subcom- mittees will likewise be governed by an agenda and rules of pro- cedure contained herein. 6.2 Pledaa of Alleaiance~ Each agenda shall provide an item for the recital of the "Pledge of Allegiance" at the regularly scheduled city council meetings. 6.3 Presentations bv Me~ere of Counci~ The agenda shall provide a time when the Mayor or any Councilmember may bring before the Council any business that he or she feels should be deliberated upon by the Council. These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent Council meeting. Any member may suggest an item for discussion at a future work session. The City. Manager or city staff shall only respond preliminarily on this item at the work session. If the City Council believes the item requires a more detailed review, the Council will give the City Manager or City Staff direction to place the item on a future regu- lar meeting agenda and advise staff as to the background materials to be desired at such meeting. 6.4 Presentation by Citizens~ (a) Any person who wishes to place · subject on the council agenda a~ rep~ler City Council meetings shall advise the City Manege~'~ office Of that fact and the specified subject matter which he cz she desires to place on the agenda no later than 5:00 p.m. We(l~tesd&y prior to the Council meeting at which he or she wishes the designated subject to be considered. (b) Any person who wishes to address the Council regarding an item tha~ is on the Council's agenda for a regular or special meeting, shall complete a "request to speak" form asking to speak regarding the item and return it to the City Secretary before the Council considers the item. The Mayor will call upon the citizen to speak for no longer than three (3) minutes ae that particular PAGE 7 9 agenda item is considered by the city Council. The provisions of this paragraph do not apply to persons appearing at a public hearing in response to an official agenda notice or publication. (c) Any person who wishes to address the Council at a public hearing shall complete a **request to speak" form and return it to the City Secretary before the applicable hearing. The Mayor will call upon the citizen to speak for no longer than five (5) minutes. 6.5 ~: Speakers before the Council are requested to limit their remarks to five (5) minutes or less except for citizens speaking to a non-public hearing agenda item, for which presentations shall be limited to three (3) minutes or less. 6.S Oral Presentations by City ManaoeF: Matters requiring the Counoil~s attention or action which may have developed after the deadline for delivery of the written communication to the Council may be presented orally by the City Manager. If formal Council action on a subject is required, such action may be taken only if the provisions of the Texas Open Meetings Act have been satisfied. 6.7 Presentation of Proclamations: The agenda may provide a time for the presentation of proclamations. The Mayor or presiding officer may deliver and present proclamations upon the request of citizens. Proclamations may encompass any activity or theme except that proclamations with a theme religious or partisan in nature shall not be presented. Moreover, proclamations shall not be used for any commercial or advertising purpose. 7. ~"~OMSXDmTXOM OF O~J~XW~lo RBSOLUTZONi. ~ MO~ZQM~ 7.1 Printed or Tvmewri~n For~: A11 ordinances and resolu- tions shall bm presented to the Council in printed or typewritten form. Tho Cotmoil may, by proper motion, amend any ordinance or resolution presented to it and direct that the amended ordinance be placed on tmhe nex~ council Agenda for adoption. 7.2 City A~toFnev to Approve: All ordinanceew resolutions, and centrals and amendments thereto, shall be approved as to form and legel~t~by tile City Attorney, or he or she shall file a writ- ten opinXmlon ~lle legality of such ordinance, resolution or con- tract prior ~0 submission to the Council. (Chax~cer, Section 6.02). 7.3 Distribution of Ordinances and Resolutions: The city Manager shall prepare copies of all proposed ordinances and resolutions for dis~ribution to all members of the Council at the meeting at which the ordinance or resolution is introduced, or at such earlier time as is expedient. PAGE 8 l0 ?.4 Recordina of VoteB= The yeas and nays shall be taken upo~ the passage of all ordinances and resolutions and the vote of each member shall be recorded in the minutes. (Charter, Section 2.0~ (b)). 7.5 Majority Vote Reauir~= An affirmative vote of four (4) members is necessary to repeal any ordinance or take any official action in the name of the City except as othe~wise provided in the Charter or by the laws of the State of Texas. (Charter, Section 2.0~). 7.5.1 -T~= Matters voted on by the City Council which end in a tie-vote shall automatically be placed on each subsequent Council meeting agenda until a full Council is present. 7.6 Demand for Roll Call= Upon demand of any me~ber, the roll shall be called for yeas and nays upon any question before the Council. It shall not be in order for members to explain their vote during the roll call. 7.7 Personal Privilea~ The right of a member to address the Council on a q~estion of personal privilege shall be limited to cases in which his or her integrity, character, or motives are assailed, questioned, or impugned. t 7.8 Dissents and Protes~ Any member shall have the right o express dissent from or protest against any ordinance or reso- lutio~ of the Council and have the reason therefore entered upon the minutes. Such dissent or protest may be filed ln writing, and presented to the Council not later than the next regular meeting foll~wing the date of passage of the ordinance or resolution objected to. 7.9 _.-~~= No member shall be excused from voting excep~ for lack of information and except on matters involving the consideration of hie or her own official conduct, or where his or her personal interests are involved, and in these instances he or she Shall abstain. Any member prohibited from voting by personal inte~ee~h~11 en~otuloe a~the commencement of coneidera~ion of the matter amish&Il no~ enter into discussion or debate on any such m~t~e~.~l~'~h~ll leave ~e meeting room. The me~ber having briefly eas? . .or her request, the excuse from voting 7.10 erda= of (a) The following motions shall have priority ~n the order indioated~ 1. Adjourn (when unqualified) and is not debatable and may not be amended~ PAGE 9 1! 2. Take a recess (when privileged); 3. Raise a question of privilegel 4. Lay on the tablel 5. Previous question (2/3 vote required)~ 6. Limit or extend limits of debate (2/3 vote re- quired); 7. Postpone to a certain timel 8. Commit or referl 9. Amendl 10. Postpone indefinitely~ 11. Main Motion. (b) The first two motions are not always privileged. To adjourn shell lose its privilege character and be a main motion if in any way qualified. To take a recess shell be privileged only when other business is pending. (o) A motion to adjourn is not in order= 1. When repeated without intervening business or dis- cussion/ 2. When made as an interruption of a member while speaking; 3. While a vote is being taken. (d) Only certain motions may be amended as provided in the most ourrell~ edition of Robert's Rules of Order, revised. A motion to a~end sh~ll be ulldebatable when the question to be amended is undebatable. 7.1X ~; A motion to reconsider any action of the Council can be made not later than the nex~succeeding official meeting of the Cot~lcil. Such a motion can only be made by a member who voted with the prevailing side. It can be seconded by any member. In order to co~ply with the Texas Open Meetings Act, any Counoilmember who wishes to make such a motion at a meeting suc- ceedlng the meeting where the action was taken shall notify the citylManager to place the item for reconsideration on the Council agenda. No question sh&11 be twice reconsidered, except by unani- moue consent of the Council, except that action related to any PAGE 10 contract may be reconsidered at any time before the final execution thereof. A matter which was not timely reconsidered in the manner provided by this section or was reconsidered but the action origin- ally taken was not changed by the Council cannot be reintroduced to the Council or placed on a Council meeting agenda for a period of six (6) months unless this rule is suspended as provided for in these Rules of Procedure. 7.12 The Previous Ouest~on= When the previous question is moved and seconded, it shall be put as follows= "Shall the main question be now put?". There shall then be no further amendment or debate; but pending amendments shall be put in their order before the main question. If the motion for the previous question is lost, the mainquestion remains before the Council. An affirmative vote of three-fifths of the Council shall be required to move the previous question. To demand the previous question is equivalent in effect to moving "that debate now cease, and the Council immed- iately proceed to vote on the pending motion". In practice, this is done with the phrase "Call for the Question", or simply saying "Question#. 7.13 Withdrawal of Motions= A motion may be withdrawn, or modified, by its movant without asking permission until the motion has been stated by the Presiding Officer. If the movant modifies his or her motion, the seconding councilmember may withdraw his or her second. After the question has been stated, the movant shall neither withdraw it nor modify it without the consent of the Coun- cil. The subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. 7.14 ADuronriatione of Mo~py: Before formal approval by the Council of motions providing for appropriation of money, informa- tion must be presented tO the Council showing purpose of the ap- propriation. In addition, before finally acting on such an ap- propriation, the Council shall obtain a repor~ from the City Manager as to the availability of funds and his or her recommenda- tions as to the desirability of the appropriation. 7.15 T~enefar of Auuronriations: At the request of the City Manager, aztGwithin the last three (3) months of the budget year, the Council may by resolution transfer an uneno,,~ered balance of an appropriation made for the use of one department, division, or purpose; but no transfer shall be made of revenues or earnings of any non-tax supported public utility to any other purpose. 8.1 Council Committees: The Council may, as the need arises, authorize the appoin~ment of the "ad hoc# council commit- PAGE 11 tees. Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Council. 8.2 Citizen Boards. Commissions. and Committees= The Council may create other Committees, Boards and Commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the City Charter or Code. Memberships and selection of members shall be as provided by the Council if not specified by the City Charter or Code. Any Committee, Board, or commission so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority of the vote of the Council. No Committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter or Code. 8.3 Ammh u n (e) Individual City Councilmembers making nominations for members to citizen boards and commissions will consider interested persons on a citywide basis. (b) The City council will make an effort to be inclusive of all segments of the oomm~nity in the board and commission appoint- ment process. City CoUnoilmembers will consider ethnicity, gender, socio-economic levels, and other factors to ensure a diverse representation of Denton citizens. (c) The City Council will take into consideration an individ- ualte qualific&tions, willingness to serve, and application infor- mation in selecting nominations for membership to each board and commission. (d) In an effort: to ensure maximum citizen participation, City Councilmembers will continue the general practice of nominat- ing new oitisens ~0 replace board members who have served three conSa~utive~ full terms on the same board. (e} Ea~h City Cotmcilmamber will be responsible for making nominatLomm for board and commission places assigned to him or her, which m~y oo~aspond to the City councilmsmber~s place. Individual city couno~lme~0ers will make nominations to the full City council for the governing body's approval or disapproval. 6.4 R~les of Procedure= Board and Commission members shall comply withal la provisions of Article III of Chapter 2 of the Code of Ordina~loas. Each Board shall be provided a copy of these rules of procedure and each advisory board shall adopt rulee of procedure governing the operation of its board, incorporating Sections 2, 3, 5, and 7 hereof insofar as is possible. PAGE 12 Questions on which the voting requirement is varied by the Charter, State Statutes and these rules are listed below= 9.1 Charter and State Statutory Reauirement~= (a) Charter Amendment - Five Vote~= Ordinances submitting proposed Charter amendments must be adopted bye two-thirds vote of the Council. (Article XI, Section 3, Texas Constitution and Arti- cle 1165, Revised Civil Statutes). For a seven member Council, this means five members must vote affirmatively. (b) Lewina Taxes - Five Votes~ Ordinances providing for the assessment and collection of taxes require the approval of two- thirds of the members of the Council. (Article 1033, Revised Civil Statutes). (o) Chanaina Pavin~ Assessment Plans - Five Votee~ Changes in plans for paving assessment require a two-thirds vote of the council. (Article 110ab, Section 10, Revised Civil Statutes). (d) of a wr tten protest of a change in a zoning regulation o~ In cases zoning classification by the owners of twenty (20%) percent or more either of the area of the lots included in such proposed change, or of the lots immediately adjoining the same and extending two hun- dred feet (200~) therefrom, such amendment shall not become effec- tive except by the favorable vote of three-fourths (3/4) of all members of the City council; six (6) votes of the City Council is required to override the decision of the Planning and Zoning com- mission that a zoning change be denied. 10. SBV~RJLBZLZTT OL~USB T~et if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances ia held invalid by any cou~t of competent JurisdiotLon~ such holding shall not affect the validity of the remaini~poL~c~ons of this ordinance, and the City Council of the City of De~lton~ Texas, hereby declares it would have enacted such rema~ning~cions despite any such invalidity. PASSED AND APPROVED this the ~4~/dday o~ 1994. PAGE 13 ATTEST= JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 14 ORDINANCE NO ~ AN ORDINANCE AMENDING ORDINANCE NO 94-183 RELATING TO THE RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, BY PROVIDING THAT EVERY MEMBER OF THE CITY COUNCIL WILL HAVE AT LEAST ONE OPPORTLTNITYTO SPEAK ONEAC~ ITEM BEFORE THE CITY COUNCIL, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF T~E CITY OF DENTON HEREBY ORDAINS ~ That Ordinance No 94-183 is hereby amended by amending section 7.6 Demand for Roll Call to read as follows Section 7.6. D----4 for Roll Call. Upon demand of any member, the roll shall be called for yeas and nays upon any question before the Council, withthe exceDtion of those circumstances set forth in Section 7.12. The Previous Ouestion. It shall not be in order for members to explain their vote during the roll call. ~ That Ordinance No 94-183 is hereby amended by amending section 7.12 The Previous Question to read as follows Section 7.12. The Previous Question. When the previous question is moved and seconded, at shall be put as follows, ',Shall the main question be now put?" There shall then bm no further amendment or debate, e~ceDt that nokhAna herein shall allow the previous auestion to be called prior to a least one onnortunitv for each member of the Council to sDeak on the Question before the Council. Any pending amendments shall be put in their order before the main question. If the motion for the previous question is lost, the mainquestion remains before the Council. ;%n affirmative vote of 3/5 of the Council shall be required to move the previous question. To demand the previous question ~s equivalent in effect to movmng, "That debate now cease, and the Council shall immediately proceed to vote on the pendmng motion." In practice, this is done with the phrase, "Call for the c~Aestion" or simply saying, .Question". ~ That save and except as amended hereby, all the sections, clauses, and phrases of Ordinance No. 94-183 shall remaxn in full force and effect. ~ That this ordinance shall become effective immediately upon its passage and approval. 17 PASSED AND APPROVED this the ~6~' day of ~~/~, 1996 BOB CASTLE ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APP~VED AS TO LEOAL FORM: HERBERT ~.. PROUTY, CITY ATTORNEY PAGE 2 PROVIDING FOR AN EFFECTIVE DATE WNEREAS, the City Council of the City of Denton has determIned that it would be in the public interest to begin each meeting with a pledge of allegiance to both the United States flag and to the state flag of Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS. ~ That Ordinance No. 94-183 is hereby amended by amending Section 6 2 "~ledge of Allegiance" to read as follows Section 6.2 Pledge of Allegiance Each agenda shall provide an ~tem for the recital of the ,,Pledge of Allegiance" at the regularly scheduled Council meetings. This item shall begin with the recital of the pledge of allegiance for the United States flag and shall follow with a recital of the pledge of allegiance for the Texas state flag in accordance with article 6139(b) of Vernons Annotated Texas Civil Statutes. ~ That save and except as amended hereby, all the sections, clauses, and phrases of Ordinance No. 94-183 shall remain in full force and effect. ~ That this ordinance shall become effective · mmediately upon its passage and approval. PASSED AND A~PROVED this the ~'-~' day of ~, 1996 ATT~'ST~ SECRETARY JENNIFER WALTERS, CI E · APPROVED A~ TO LEGAL FORM HERBERT L. PROUTY, CITY ATTORNEY BY: 19 ORDINANCE NO ~ AN ORDINANCE AMENDING ORDINANCE NO 94-183, AS AMENDED, AND SECTION 2-29 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS RELATING TO THE RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, BY PROVIDING CERTAIN RULES ESTABLISHING THE ORDER OF BUSINESS ANDCLARIPYING TIME LIMITS ON PRESENTATIONS BY CITIZENS BEFORE THE CITY COUNCIL, AND PROVIDING FOR AN EFFECTIVE DATE WI~EREAS, the Attorney General has ruled that the Texas Open Meetings Act does not entmtle the publmc either to choose the mtems to be discussed before the Councml or to speak about mtems on the agenda; and WHEREA~, the City Council deems it mn the public mnterest to establish rules providing cmtizens the right to speak at Councml meetings within certain time limmts and under certamn rules whmch will preserve the ability of the Council to effectmvely and efficiently conduct its public meetings, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That Ordinance No 94-183 ms hereby amended by amending Section 6 "Order of Business", sections 6 1 through 6 7, inclusive, and amending Section 2 29 "City Council Procedures Order of Business" of the Code of Ordinances of the Cmty of Denton, to read as follows: 6 O~DEH OP BUSINESS 6.1 ~aenda: [2-29(a)] The order of business of each meeting shall be as contained in the agenda prepared by the City Manager, which shall be reviewed and approved by an Agenda Committee composed of the Mayor, one other member of the City Council selected by the Council, and the City Manager. The agenda shall be a listing by topic of subjects to be considered by the Council Placement of items on the agenda shall be governed by th~s Section and Section 6.3; provided that if a Councilmember has an "emergency" item that the Councilmember believes should be placed on the next regular or special meeting agenda, the placement must be approved by two members of the Agenda Committee. Conduct of business at special meetings and Council committees and subcommittees will likewise be governed byan agenda and the rules of procedure contained herein 6.2 Pledae of A11eaiance [2-29(b)] Each agenda shall provide an item for the recital of the ,,Pledge of Allegiance" at the regularly scheduled City Council meetings. This item shall begin with the recital of the pledge of allegiance for the United States flag and shall follow with a recital of the pledge of allegiance for the Texas state flag in accordance with article 6139(b) of Vernons Annotated Texas Civil Statutes. 6.3 Presentations by Members of the Council [2-29(c)] The agenda shall provide a time when the Mayor or any Councilmember may bring before the Council any business that he or she feels should be deliberated upon by the Council These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent Council meeting. Any member may suggest an item for discussion at a future work session. The City Manager or City staff shall only respond preliminarily on this item at the work session If the C~ty Council believes the item requires a more detailed review, the Council will give the City Manager or City staff direction to place the item on a future regular meeting agenda and advise staff as to the background materials to be desired at such meeting 6.4 ~resentations by Citizens. [2-29(d)] (a) ~= Any person who wishes to place a subject on the Council agenda at a regular City Council meeting shall advise the City Manager's office of that fact and the specified subject matter which he or she desires to place on the agenda no later than $500 p m. on Wednesday prior to the Council meeting at which he or she wishes the designated subject to be considered. A time for such citizen reports shall be provided on the~agenda after the pledge of allegiance, approval of the minutes, and the presentation of proclamations Any speaker providing a citizen report shall speak for no longer than five (5) minutes on all'items that he or she may bring before the Council at each meeting, unless the Mayor or the ma]ority of the Council grants an extension of time. No citizen may fill out a "request to speak" form or have an opportunity to speak or comment on another citizen's report which is given at the same Council meeting (b) ~Deakina on Reaular Aaenda Items: Any person who wishes to address the Council regarding an item that is on the Council's non-consent agenda for a regular or special meeting, shall complete a .request to speak" form asking to speak regarding thel item and return it to the City Secretary before the Council considers the item. The Mayor will call upon the citizen to speak for no lor~Jer than three (3) minutes as that particular agenda item is considered bY the City Council. The provisions of this para- graph do not apply to persons appearing at a public hearing in response to a~of£i¢ial agenda notice or publication, nor shall any person have a right to speak or provide input on consent agenda items, unless such items are removed from the consent agenda and placed on the regular agenda by the City Council. The provisions of this paragraph also do not apply to workshop meetings, and a citizen's right to speak and provide input at those meetings shall be limited and controlled by Section 4.3 "Workshop Meetings" of this ordinance. (c) Sueakina at Public Hear~nas: Any person who w~shes to address the Council at a public hearing shall complete a Page 2 "req~/est to speak" form and return it to the City Secretary before the applicable hearing. The Mayor will call upon the citizen to speak for no longer than five (5) minutes 6.5 ~. [2-29(e)] Speakers before the Council shall limit their remarks to five (5) minutes or less for public hearing items and citizen reports Citizens speaking to a non- publio hearing agenda item shall limit their presentations to three (3) minutes or less 6.6 Oral Presentations by City ManaGer [2-29(f)] Matters requiring the Council's attention or action which may have developed after the deadline for delivery of the written communication to the Council may be presented orally by the City Manager. If formal Council action on a subject is required, such action may be taken only if the provisions of the Texas Open Meetings Law have been satisfied 6.7 Presentation of Proclamations. [2-29(g)] The agenda may provide a time for the presentation of proclamations. The Mayor or presiding officer may deliver and present proclamations upon the request of citizens. Proclamations may encompass any activity or theme except that proclamations with a theme religious or partisan in nature shall not be presented. Moreover, proclamatIons shall not be used for any commercial or advertising purpose ~ That save an except as amended hereby, all of the sections, clauses, and phrases of Ordinance No. 94-183, as amended, shall remain in full force and effect ~ That this ordinance shall become effective immediately upon its passage and approval. pASS,D AND APPROVED this the ~ day of __~~____, 1996 ATTEST: ~ JENNIFE~ WALTERS, CITY SECRETARY BY~~ APPenD AS 'TO LEGAL FOP44~ HER~RT L. PROUTY, CITY ATTORNEY Page 3 ORDINANCE NO ~ AN ORDINANCE AMENDING ORDINANCE NO 94-183, AS AMENDED, BY AMENDING SECTION 2.6 OF THE RU~ES OF PROCEDURE OF THE CITY COUNCIL BY AUTHORIZING T~E CONSENT AGENDA TO BE APPROVED BY ONE MOTION OF THE CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, PROVIDING FOR RETROACTIVE EFFECT; AND DECLARING ANEFFECTIVE DATE WHEREAS, because of the City Council's desire to more effectively and efficiently serve the public through the medium of public meetings, the Council deems 1t in the public interest to amend the Rules of Procedure; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS. ~ That Ordinance No 94-183, as amended, is hereby amended by amending Section 2 6 "Questions to Contain One Subject,, to read as follows= 2.6 Ail questions submitted for a vote shall contain one subject, except the City Council may approve all items which are on the consent agenda in one motion, regardless of how many subjects are contained in the consent agenda, so long as all items have been properly posted in accordance with the Texas Open Meetings Act and have not been removed from the consent agenda by a councilmember If two or more points are involved, any member may require a division, if the question reasonably admits of a division. ~ That save and except as amended hereby, all the sections, subsections, sentences, clauses, and phrases of Ordinance No. 94-183, as amended, shall remain in full force and effect. ~ That this ordinance take effect from and after October 1, 1996, immediately upon its passage and approval PASSED AND A~PRO%'ED this the ~'7~ day of ~ 1996 JAC~ ATTEST~ JENNIPEHWALT~P~, CITY SgC~ETARY HERBS~T L. PROUTY, CITY ATTORNEY BY: ~ ORDINANCE NO AN ORDINANCE AMENDING ORDINANCE NOS 94-183 AND 96-085, AS AMENDED, AND SECTION 2-29(d) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, THE RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, BY PROVIDING THE OPPORTUNITY FOR CITIZENS TO SPEAK BOTH ON REGULAR AGENDA AND CONSENT AGENDA ITEMS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council deems It m the public Interest to amend its rules of order to provide for the opportumty for cmzens to speak both on regular agenda and consent agenda Items, NOW, THEREFORE, TI~ COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SEC~ON I. That Ordinance Nos. 94-183 and 96-085 are hereby amended by amending Section 6 4(b) "Presentations by Citizens" and amendmg Section 2-29(d) "City Council Proce- dm'es Order of Business - Presentations by Citizens" of the Code of Ordnances of the City of Denton, Texas to read as follows Sec 6 4Co) Presentations by ClUzens. Sec 2-29(d). City Council Procedures' Order of Business - Presentations by Cltlzen~ Sneakme on Reeular Aizenda and Consent Aeenda Items. Any person who wishes to ad- dress the Council regarding an item that is on the Council's agenda for a regular or spe- cial meeting, shall complete a "request to speak" form asking to speak regarchng the item and return It to the City Secretary before the Council considers the item The Mayor will call upon the citizen to speak for no longer than three (3) minutes as that particular agenda item is considered by the City Council The provisions of this paragraph do not apply to persons appeal'ms at a pubhc hearing m response to an official agenda not~ce or publication. The provisions of tlus paragraph do not apply to workshop meetings, and a citizen's right to speak and provide input at those meetings shall be !,m~ted and controlled by SecUon 4 $ "Workshop Meetings" of this ordinance ~ That save and except as amended hereby, all of the sections, clauses, and phrases of Oral'shem Nns. 94-183 and 96-057 and Section 2-29 of the Code of Ordinances of thc City of Denton sbalhv~n_ ~,n in full force and effect ~ That this ordinance shall become effective tmmedmtely upon lb passage and approval PASSED AND APPROVED tlus the I~r-t- day of~~'~_~_, 1998 JAC~LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPR~)VED AS TO LEGAL FORM' HERBERT L PROUTY, CITY ATTORNEY Page 2 AN ORDINANCE AMENDING ORDINANCE NO 94-183, AS AMENDED, THE RULES AND PROCEDURE OF THE CITY COUNCIL OF TIlE CITY OF DENTON, TEXAS, BY ESTABLISHING THE TIME FOR REGULAR CITY COUNCIL MEETINGS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council deems It m the pubhc interest to establish rules to change the tunes of regular City Council meetings, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS .~ That Ordinance No 94-183, as amended, Is hereby amended by amending Section 4 I "Regular Meetings" to read as follows 4-1 Regular Meetings The Council shall meet at six o'clock p m on the first and third Tuesday of each month, with executive sessions (closed meetings) of the Councd commencing at five fifteen o'clock p m, or at any other time set by the Council, unless the meeting is postponed or cancelled for valid reasons All regular meetings of the Council will be held In the Municipal Building at 215 East McKlnney Street, or at such other location as the City Coutlcll may, by motion, resolution or ordinance from ume to time designate ,I ~ That save and except as amended hereby, all of the sections, subsections, sentences, clauses, and phrases of Ordinance No 94-183, as amended, shall remain m full force and effect ~ That this ordinance shall become effective m~medmtely upon its passage and approval PASSED AND APPROVED thls the ~ dayof ~~9 ,1998 JAC~I'ILLER, MAYOR ATTEST JENNIFER'WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 27 PAGE 2 RULES ESTABLISHING DECORUM, BEHAVIOR, AND SECURITY REGARDING CITI- ZENS' BEHAVIOR AND CONDUCT AT CITY COUNCIL MEETINGS, PROVE)lNG A SEVERABILITY CLAUSE, PROVE)lNG A SAVINGS CLAUSE, PROVIDING FOR A PENALTY NOT TO EXCEED $500 00, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council deems it in the public interest to amend its Rules of Proce- dure to preserve order and decorum and secunty dunng City Cotmcil meetings, which will help preserve the ahihty of the C~ty Council to effecUvely and efficiently conduct its public meetings, NOW, THI~REFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SEC~ON I. That Ordinance No 96-014, as amended, is hereby amended by amending Section 3 3 "Citizens" of Section 3 "Code of Conduct", to read as follows 3 3 C~ens: a. Citizens and other visitors are welcome to attend all pubhc meetings of the City Council, and will be adnutted to the City Council Chamber or other room m which tho City Council IS meeting, up to the fire safety capacity of the room b. All mectmg attend~s shall conduct themselves vath propriety and decorum Conversations betwe~m or among audience members should be conducted oumde tho meeting room. Attendees will refrain from excessively loud private conversa- tions while the Counod is m session o Unauthorized remarks from the audience, stamping of the feet, applauding, whis- tles, yells, and smular damonstrations shall not be p=,mitted. d. Placards, balmer~ or s~gns vail not be p~mitted m the City Council Chamber or in any other room in which the C~ty Council is meeting Exhibits, displays, and visual atds used tn connection vath presentataons to the City Council, however, e. Au&~nc~ m~mb~s may not place their feet on any chau~ m the City Council Chamber or other room m which the City Council is mectmg f Only City Council mambers and City staff may step on to tho dais. g. All people vashmg to address the C~ty Council shall first be reco/mzed by lhe pr~ldmg officer and shall lmut their remarks to the matter under discussion h All remarks and questions addressed to the C~ty Council shall be addressed to the City Council as a whole and not to any mdlwdual members Any person addressing the City Council in the City Council Chamber shall do so from the lectern unless physically unable to do so People addressing the City Council shall not be permit~ed to approach the dais If they wish to hand out pa- pers or other materials to the City Council, they should express that desire to the presiding officer, and the City Manager shall direct a staffmember to hand out the materials. j When the tune has expired for a presentaUon to the City Council, the presiding of- ricer shall direct the person speaking to cease A second request from the presid- ing officer to cease speaking shall be cause of the removal of the speaker if that person continues to speak k Eqmpment, apparatus, or paraphernalia such as camera Inpods, easels, or wheel- chairs shall not obstruct, block, or othervase be located m the doorway, entrance- way, or walkways of the City Council Chamber or of any other room m which the City Council may choose to meet Representatives of the electrom¢ metha may set up cameras and other eqmpment only m the back of the worn It is perrmssl- ble for television camera operators to film for short periods of tune (several rmn- utes) from the enlranceway to the City Council Chambers using hand-held cam- eras only Any radio station, which broadcasts the regular City Council meetings hve may hook their eqtupment up at the front of the room as long as at remains out of sight and out of the way 1. There vail be a umformed City of Denton police officer present at all regular meetings of the City Council This police officer shall act m the capacity cfa cunty officer/ser$oant-at-arms, and shall enforce the meeting roles and act upon the dustmen of tho presadm$ officer m. Any person msl~ng personal, impertinent, profane, or slanderous remarks, or who becomes boisterous while addressing the City Council or who othervase violates any of the above-menlaoned roles while attendm$ a City Council meeting shall be removed from the room at the threclaon of the presldm$ officer, and the person shall b~ barred from further audience before tho City Council dunns that session of the City Council. If the prcsldmg officer falls to act, any member of the C~ty Council may move to reqmro the offer, am5 person's removal, and the affumative vote of a majority of the City Council shall requtr~ the premchng officer to act The sergeant-at-m, if so directed by the presiding officer or an affirmative vote of the majority of the City Council, shall remove the offending person from the mt~lng. Page 2 ~ That any person 'aolatmg any prowslon of this ordinance shaH, upon conv~c- tlon, be fined a sum not exceedingS500 00 Each day that a proxaslon oftlus ordinance ~s wolated shall constitute a separate and obstruct offense SEC~ON ~. That save and except as amended hereby, all of the remaining sections, subsections, paragraphs, and sentences of Ordmence No 96-014, as amended, shall remain in full force and effect ~ That If any section, subsection, paragraph, sentence, clause, phrase, or word m this ordinance, or apphcation thereof to any person or circumstance is held mvahd by any court of competent jurisdiction, such holding shall not affect the vahd~ty of the remaining pomons of th~s ordinance, the City Council of the City of Denton hereby declares that they would have enacted such remaining portions despite any such mvahchty ~ That this ordinance shall become effective fourteen (14) days from the date of its passase, and the City Secretary is hereby chrected to cause the caption of this orch- nance to be pubhshed twice in the Denton Record-Chronicle, a dmly newspaper published tn the Clty of Denton~ Texas, wlthm ten (10) days of the date of its passage PASSED AND APPROVED th~s tho ~'~ day of.~~1998 ATTEST JENNIFER WALTERS, CITY SECRETARY HERBI~RT I.. PROUTY, CITY ATTORNEY Page 3 30 O r , CE NO Oq-8 AN O On ANCE UE OI G o r ANCE 98-4, DESCffiPTIVE C~TION OF THE O~INANCE AND SECTIONS I ~ III TO CHANGE THE ~FE~NCE TO O~CE NO 96-014 TO 94-183, AS ~E~ED, PROVID~G A SEVE~ILITY CLAUSE, PROVID~G A SAV~GS CLAUSE, PROVID~G FOR A PENALTY NOT TO EXCEED $500 00, ~ PROVID~G FOR ~ EFFECTIVE DATE ~E~AS, Ordinate No 98-415, whmh amended the Council's Rules of Procedure to prese~e order, deco~, ~d sec~ty d~ng C~ty Co~cll meetings, needs to be amended due to ~ ~nco~ect reference to Ordinance No 96-014, which needs to be ch~ged to Or&n~ce No 94- 183, NOW, THE~FO~, THE CO~CIL OF THE CITY OF DENTON HE.BY O~A~S ~ That Ordinance No 98-415 ~s hereby mended by ch~gmg the references ~n the caption of~e or~n~ce and Sections I ~d III from Ordm~ce No 96-014 to Ordtn~ce No 94-183, ~ mended ~ That ff ~y section, subsection, p~agraph, sentence, clause, phrase, or word m thru ordm~ce, or appheahon ~ereof to any person or c~mmstance ~s held mvahd by ~y coud of competent juns&chon, such holding shall not affect the vah&ty of the remmmng po~xons of ~s ordm~ce, the C~ty Co~cfl of the C~ty of Denton hereby decl~es that they would have enacted such remamxng po~ons despxte any such invahd~ty ~ ~at save and except as amended hereby, all of the sections, clauses, ~d p~ases of Ordm~ce No 98-415, as mended shall remmn m full force and eff~t ~ That any person wolahng ~y prows~on of Or&nance No 98-415, as amended, shall, upon conwct~on, be fined a sum not exceeding $500 00 Each day a provmon of th~s or&n~ce ts wolated shall constitute a separate and &st~nct offense ~ That th~s or&n~ce shall become effechve fou~een (14) days from the date of xts passage, ~d the C~ty Secret~ ~s hereby &reeted to cause the following descnphve caption of Ordinance No 98-415, as ~ended, to be pubhshed ~ce ~n the Denton Record- Chromcle, a dmly newspaper pubhshed ~n the C~ty of Denton, Texas, w~th~n ten (10) days of the date of the passage of~s ordinance AN O~ANCE ~ENDING O~CE NO 94-183, AS ~E~ED, ~LAT~G TO THE RULES OF PROCEDU~ OF THE CITY CO~CIL, BY PROVID~G CERTA~ R~ES EST~LISH~G DECORS, BEHAVIOR, ~ SEC~ ~G~G CITIZENS' BEHAVIOR ~D CO~UCT AT CITY CO~CIL MEET~GS, PROVIDING A SEVE~ILITY CLAUSE, PROVID~G A SAV~GS CLAUSE, PROVID~G FOR A PENALTY NOT TO EXCEED $500 00, AND PROVIDING AN EFFECTIVE DATE PASSED AND APPROVED this the r~/Ti . day of~ .Z/.~q.~0~-,v - - 1999 K MILLL~, M~t~YOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY 32 Page 2 S \Our Documents\Ordmances\OO~Specua] Meetings Of Council doc ORDINANCE NO ~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 4 2 OF ORDINANCE NO 94-183 AS AMENDED, RELATING TO THE RULES OF PROCEDURE OF THE ~ITY COUNCIL TO ALLOW THE MAYOR. CITY MANAGER OR THREE COUNCII~MEMBERS TO CALL A SPECIAL MEETING. RATIFYING MEETINGS AND ACTIONS OF THE MAYOR, CITY MANAGER OR THREE CITY COUNCIL MEMBERS CALLING A MEETING AT A DIFFERENT LOCATION, AND TO DESGINATE A LOCATION FOR A SPECIAL CALLED MEETING, PROVIDING A REPEALING CLAUSE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordmenc¢ No 94-183, Sectwn 4 2 ~s amended to read as follows 4 2 Special Meetings: Special meetings may be called by the Mayor, the C~ty Manager. or by any three members of the Council The call for a special meeting shall be filed w~th the C~ty Secretary m written form, and he or she shall post not~ce thereof as prowded by the Texas Open Meetings Act. Tex Gov't Code Ann §351 001, et seq (Vernon 1994, as amended) The Mayor, C~ty Manager, or three of thc councd members may designate a location for the special meeting as long as the location ~s open to the pubbc SECTION 2 All prewous meetings and all actions by the Mayor, C~ty Manager or three members of the courted ~n calhng a meeting at a location other than c~ty hall are hereby affirmed, ratified and approved, SECTION 3 All ordinances that conthct w~th th~s ordinance, ~nclud~ng Section III of OrdmancelNo 97-220, are hereby repealed SECTION 4 That th~s ordinance shall become effective on November 1, 2000 PASSED AND APPROVED th~s the 7~1 dayof ~v'e~.~oer ,2000 ELrLINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY 3;) S \Our Documents\Ordmances\OO\Specml Meetings Of Council doc APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ~¥ ~o~, ORDINANCE NO AN ORDINANCE A.MENDING ORDINANCE NO 94-183 AND SECTION 2-29 OF THE CITY CODE RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AND ALL AMENDING ORDINANCES AND REPEALING AND CONSOLIDATING ORDINANCES 76-48, 81-35, 90-026, 90-150, 90-150, 92-115, 93-073, 94- 183, 96-045, 96-057, 96-085, 96-257, 98-246, 98-325, 98-415, 99-028 AND 2000-420, PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE WHEREAS, the Consututaon and Laws of the State of Texas, and SecUon 2 07 of the C~ty Charter of the C~ty of Denton, Texas, authorize the C~ty Councd of smd C~ty to promulgate and estabhsh roles of procedure to govern and conduct meetings, order of business, and decorum, wtule acUng as a legmlaUve body representing smd C~ty, and WHEREAS, because of ~ts demre to more effectively and efficiently serve the pubhc through the medam of public meetings, it has become necessary to amend and consohdate all amendments of the City Council Rules of Procedure, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SF.CTION 1_ That Ordinance Numbers 94-183, 96-045, 96-057, 96-085, 96-257, 98-246, 98-325, 98-415, 99-028, and 2000-420 and Sectmn 2-29 of the City Code (Rules 6-2-6-7)are hereby amended and eonsohdated into one Ordinance known as the Denton City Council Rules of Procedure to read as follows 1 ,& 11TI-I~'}RITV 1 1 Charter. Pursuant to the prowslons of Section 2 07 of the Charter of the City of Denton, Texas, the City Council hereby enacts these roles of procedure for all meetings of the City Cotmcd of the City of Denton, Texas During any meeting, a reasonable opportumty shall be g~ven for mUzens to be heard under these roles These Rules of Procedure are enacted as gmdehnes to be followed by all persons m the Council Chamber mcludmg the city admlmstraUve staff, news media, and vls~tors 2 GI~.NI~,R A L RILLES 2 1 Meetmgg tn he Puhhc All official meetings of the Council and Council committees and subcomrmttees, except closed meetings permitted by the provisions of the Texas Open Meetangs Act, Chapter 551, TEX GOV'T CODE ANN (Vemons Annotated Texas Clvd Stamtas 1999 (Vemons), as amended, shall be open to the public PAGE 2 2 Qnnmm Four members of the Council shall constitute a quorum for the transaction of business (Charter, Section 2 06) 2 3 Cnmpelhng Attenaanee No member shall be excused from attendance at a Council meeting except for good and valid reasons 2 4 Mmnnndnct The Council may pumsh its own members for misconduct 2 5 Mlnnte~ nf Meetmg~q All account of all proceedings of the Council shall be kept by the C~ty Secretary and shall be entered m a book constituting the official record of the Council A cemfied agenda shall be prepared for all closed meetmgs and shall be approved by the Mayor m accordance with Chapter 552, TEX GOV'T CODE ANN (Vemons 1999), as emended 2 6 Qnemnn~q t.o Cnntam One ,quhjeet All questions submitted for a vote shall contem one subject, except the City Council may approve all items wbach are on the consent agenda m one motion, regardless of how many subjects are contmned in the consent agenda, so long as all items have been properly posted m accordance with the Texas Open Meetings Act and have not been removed from the consent agenda by a Counmlmember If two or more points are involved, any member may require a davm~on, if the question reasonably adrmts of a division 2 7 R~ght nf lVlaor Any member deslnng to speak shall be recogmzed by the Chairperson, and shall confine bas or her remarks to the subject under consideration or to be considered No member shall be allowed to speak more than once on any one subject until every member w~sbang to speak shall have spoken 2 8 Caly._Mana~ The C~ty Manager, or Acting C~ty Manager, shall attend all meetings of the Council unless excused He or she may make recommendations to the Council and shall have the right to take part in all dlscnss~ons of the Council, but shall have no vote (Charter, Section 5 03 (d)) 2 9 C~ty Attorney The City Attorney, or Acting City Attorney, shall be avmlable upon request for all meetangs of the Council unless excused and shall, upon request, give an op~mon, either written or oral, on questions of law The City Attorney shall act as the Council's parhamentanan 2 10 C~W Secretary The City Secretary, or Acting City Secretary, shall attend all meetings of the Council unless excused, and shall keep the official minutes and perform such other duties as may be requested by the Council 2 11 Offleer~ and F, mplnyee,q Any officer or employee of the City, when requested by the City Manager, shall attend any meeting of the Council If requested to do so by the City Manager, such employee may present reformation relating to matters before the Councd PAGE 212 Rnle~ of Order These roles govern the proceedings of the Council m all cases, except that where these roles are silent, the most recent Echtlon of Robert's Rules of Order revised shall govern 213 ~qu~.nen~nn nf Rule~ Any provision of these roles not govemed by the City Charter or Code may be temporarily suspended by the affirmative vote of four members of the Council The vote on any such suspension shall be taken by yeas or nays and entered ~nto the minutes of the Council 214 ~n~nttmeaL~J[~m~ These roles may be amended, or new rules adopted by the affirmaUve vote of four members of the Council, prowded that the proposed amendments or new rules shall have been introduced before the City Council at a prior Council meeting 31 Cxammlmeaxlhem a Dunng Council meetings, Councllmembers shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe the rules of the Council b A Councflmember, once recogmzed, shall not be mtermpted whale speaking unless called to order by the Mayor or preaidmg officer, unless a point of order is raised by another member or the parhamentanan, or unless the speaker chooses to yteld to questions fi:om another member If a Councflmember is called to order whale he or she is spealang, he or she shall cease speaking nnmethately until the question of order is determined If ruled to be m order, he or she shall be pertmtted to proceed If ruled not to be in order he or she shall remam silent or shall alter has or her remarks so as to comply w~th rules of the Council 32 A~knmramnse2maff a Members of the Adrmmstrative staff and employees of the City shall observe the same rules or procedure and decorum applicable m members of the Council, and shall have no voice unless and until recognized by the Chair b Wfule the presiding officer shall have the authority to preserve decorum in meetings as far as staffmembers and C~ty employees are concerned, the City Manager also shall be responsible for the orderly conduct and decorum of all City employees under has or her direction and control c The City Manager shall take such thsciphnary acUon as may be necessary to insure that such decorum is preserved at all times by City employees in Council meetings PAGE d All remarks and questions addressed to the Counctl shall be addressed to the Council as a whole and not to any ln&wdual member thereof e No staff member, other than a staff member having the floor, shall enter into any discussion either drreetly or indirectly w~thout pemnsslon of the presiding officer Citizens and other visitors are welcome to attend all public meetings of the City Council, and will be admitted to the City Council Chamber or other room in which the City Council is meeting, up to the fire safety capacity of the room All meeting attendees shall conduct themselves with propriety and decorum Conversations between or among audrence members should be conducted outside the meetmg room Attendees will refrmn from excessively loud private conversations while the Council is in session Unauthorized remarks from the an&ence, stamping of the feet, applauding, whistles, yells, and similar demonstrations shall not be permitted Placards, banners, or signs will not be permitted in the City Conncfl Chamber or m any other room m which the City Council is meetmg Exhibtts, &splays, and visual aids used in connection with presentations to the City Council, however, are permitted Auchenee members may not place their feet on any chairs in the City Council Chamber or other room in which the City Council is meeting Only City Council members and City staffmay step on to the dais All people wishing to address the City Council shall first be recogmzed by the presiding officer and shall limit their remarks to the matter under discussion All remarks and questions addressed to the City Council shall be addressed to the City Council as a whole and not to any individual members Any person addressing the City Councal in the City Council Chamber shall do so from the lectern unless physically unable to do so People addressing the City Council shall not be permitted to approach the dais If they wish to hand out papers or other materials to the City Council, they should express that desire to the presiding officer, and the City Manager shall direct a staff member to hand out PAGE 4 38 the materials j When the time has expired for a presentation to the C~ty Council, the presiding officer shall dtrect the person speaking to cease A second request from the presiding officer to cease speaking shall be cause of the removal of the speaker ff that person continues to speak k Eqmpment, apparatus, or paraphernalia such as camera tripods, easels, or wheelchmrs shall not obstruct, block, or otherwtse be located ~n the doorway, entranceway, or walkways of the City Counml Chambers or of any other room in which the Ctty Counml may choose to meet Representattves of the electromc medm may set up cameras and other eqmpment only in the back of the room It ~s permmstble for televmlon camera operators to film for short periods of t~me (several minutes) from the entranceway to the City CotmcH Chambers using hand- held cameras only Any radio station, which broadcasts the regular City Council meetmgs hve may hook their eqmpment up at the front of the room as long as tt remmns out of sight and out of the way 1 There will be a uniformed City of Denton pohce officer present at all regular meetings of the Ctty Council Thru police officer shall act m the capacity of a security officer/sergeant-at-arms, and shall enforce the meeting roles and act upon the d~rect~on of the premdlng officer m Any person making personal, ~mpert~nent, profane, or slanderous remarks, or who becomes bmsterous while addressing the Ctty Counctl or who otherwme violates any of the above-menttoned rules while attending a City Counctl meeting shall be removed from the room at the dlrectton of the presiding officer, and the person shall be barred from farther audience before the City Council dunng that session of the C~ty Council If the pres~dtng officer fails to act, any member of the City Council may move to reqmre the offending person's removal, and the affirmative vote of a majority of the C~ty Counctl shall require the presiding officer to act The sergeant~at-arms, tf so chrected by the premdmg officer or an affirmative vote of the majority of the Ctty Council, shall remove the offending person from the meeting 3 4 N. nforc~'a'aent The C~ty Manager, tn the absence of a destgnated law enforcement officer, shall act as Sergeant-at-Arms for the Council, and shall furmsh whatever asmstance ~s needed to enfome the rules of decorum herein estabhshed 3 5 Seating Arrangement The City Secretary, Ctty Manager and C~ty Attorney shall occupy the respective seats tn the Counml Chamber asmgned to them by the Mayor, but any two or more members of the Council may exchange seats PAGE 5 39 TVPl{S 01~ MEETING~ 4 1 Re~mflar M'eetlng~ The Cotmcfl shall meet at SlX o'clock p m on the first and third Tuesday of each month, with executive sessions (closed meetings) of the Council commencing at five fifteen o'clock p m, or at any other tame set by the Council, unless the meeting is postponed or cancelled for valid reasons All regular meetings of the Council will be held m the Mumclpal Bmldlng at 215 East McKmney Street, or at such other location as the City Council may, by motion, resolution or ordinance from tune to time designate 4 2 ~q.n~al Meetm~ Special meetings may be called by the Mayor, the C~ty Manager, or by any three members of the Council The call for a specml meeting shall be filed w~th the City Secretary m written form, and he or she shall post notice thereof as provided by the Texas Open Meetings Act, [Chapter 55] TEX GOV'T CODE ANN, (Vemons 1999, as amended) The Mayor, City Manager, or three of the council members may designate a localaon for the special meeting other than the Mumclpal Bmldang as long as the location is open to the pubhc 4 3 ~ Workshop meetings or work sessmns may be called using the same procedure reqmred for special meetings (See See 4 2) The purpose of the workshop meeting is to discuss or explore matters of interest to the City, to meet with City Board, Commission, or Committee Members, City staff or officers of C~VlC orgamzataons, governing bodies or mdawduals specifically invited to the session by the Mayor, Council or City Manager These meetings are mformat~onal and normally, no final action shall be taken unless the posted agenda mchcates otherwise Citazans or other interested persons attending the work sesmon will not be allowed to partmlpate in the session unless mwted to do so by the Mayor Citizens should be advised of the nature of the work session and that their input may be received and considered at a regularly scheduled council meeting where the agenda provides for final aetaon to be taken on the matter The purpose of tbas procedure ~s to allow the cmzens attendmg the regular meeting the opportumty ofheanng the wews of that fellow cmzens in a more formal setting Any cmzen may supply the City Council a wntten statement or report regarding the c~tazen's op~mon on a matter being dmaussed m a work sessmn If the Mayor mwtes mt~zens to participate m a work session, their participation will cease at the point the Mayor closes the session to public mput to allow the Council to give C~ty staff d~rectaon as to needed information for the posmble future meeting v, qthout distracting comment from the auchence 4 4 l~'.mergency Meenng,q In case of emergency or urgent public necesmty, which shall be expressed m the notice of the meeting, an emergency meetang may be called by the Mayor, the City Manager or by three members of the Council, and it shall be suffioent if the nottce ~s posted two hours before the meeting m convened 4 5 (21n~ed M'ee, tlng~ The Council may meet in a closed meeting pursuant to the reqmrements of the Texas Open Meetmgs Act, Chapter 551, TEX GOV'T CODE ANN (Vemons 1999), as amended PAGE 6 4{) 4 6 ~ Any meeting of the Couned may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting 4 7 Not, ce c~fMeetmgs The agenda for all meetings, including Council Committee or Subconumttee meetings, shall be posted by the City Secretary on the City's official bulletin board and notice of all meetings shall be given by the City Secretary pursuant to the reqmrements of the Texas Open Meetings Act, Chapter 551, TEX GOV'T CODE ANN (Vemons 1999, as amended ) 5 PRlg,~II)ING ~FFIClg, R ANII~ I'~IITIE~q 5 1 pr~.~dmg Officer The Mayor, or ~n the absence of the Mayor, the Mayor Pro- Tern, shall preside as chamnan, or pmmdmg officer at all meetmgs of the Councd In the absence of both the Mayor and Mayor Pro-Tern, the Council shall elect a temporary presiding officer (Charter, Section 2 03) 5 2 Call m Order The meetangs of the Council shall be called to order by the Mayor, or in bas or her absence, by the Mayor Pro-Tern In the absence of both the Mayor and the Mayor Pro-Tern, the meeting shall be called to order by the City Secretary, and a temporary presiding officer shall be elected as provided above 5 3 pre~ervatmn nf Order The presiding officer shall preserve order and decorum, and confine members m debate to the question under discussion The premdmg officer shall call upon the Sergeant-at-An'ns as necessary to enforce comphance w~th the roles contained hereto 5 4 Pomt.q nf Order The presiding officer shall determine all points of order, subject to the right of any member to appeal to the Council If any appeal ~s taken, the questmn shall be, "Shall the decision of the presiding officer be sustmned?" If a majority of the members present vote "No", the mhng of the chair is overruled, otherwise, ~t is sustained 5 5 Qnestmng to he ~qtated The presiding officer shall state all questions submitted for a vote and announce the result A roll call vote shall be taken upon the request of any member, and upon the passage of all orchnances and resolutions 5 6 Suh~t, tntmn for Premdmg Officer The presiding officer may call any other member to take bas or her place m the chair, such substitution not to continue beyond adjournment 5 7 Call for Recess The presichng officer may call for a recess of up to fifteen (15) m~nutes at regular intervals of approximately one hour at appropriate points m the meeting agenda, or ffrequested by any two members PAGE (~IH~F,I~ C~F RII~qlNF~q~ (Section 2-29 of the City Code "City Council Procedures, Order of Business") 6 1 (2-29(a)) ~gexu:la The order of business of each meeting shall be as contmned in the agenda prepared by the City Manager, wluch shall be reviewed and approved by an Agenda Committee composed of the Mayor, one other member of the City Council selected by the Council, and the City Manager The agenda shall be a hstmg by topic of subjects to be considered by the Council When items are removed fzom the consent agenda and placed on the regular agenda by members of the Council, the removed items shall be taken up in the order of removal right after the consent agenda Placement of items on the agenda shall be governed by flus Section and Section 6 3, provided that if a Councflmember has an "emergency" item that the Councflmember believes should be placed on the next regular or special meeting agenda, the placement must be approved by two members of the Agenda Committee Conduct of business at special meetings and Council Committees and subcommittees will lflcew~se be governed by an agenda and these Rules of Pro- cedure 6 2 (2-29CO)) ~ Each agenda shall provide an item for the recital of the "Pledge of Allegiance" at the regularly scheduled city council meetings This item shall begin with the recital of the pledge of allegiance for the Umted States flag and shall follow w~th a recital of the pledge of allegiance for the Texas state flag m accordance with artmle 6139 Co) of Vemons Annotated Texas Civil Statutes 6 3 (2-29(c)) pro~.qentanon~ by Mo. rnhem of Cmmefl The agenda shall provide a time when the Mayor or any Councflmember may bnng before the Council any busmess that he or she feels should be dehberated upon by the Council These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent Council meeting Any member may suggest an item for discussion at a future work session The City Manager or city staff shall only respond prelmunanly on tins ~tem at the work session If the City Council beheves the item reqmres a more detailed review, the Council will gave the City Man- ager or C~ty Staff d~rection to place the Item on a future regular meeting agenda and advise staff as to the background materials to be destred at such meetmg 6 4 (2-29(d)) pre~entntmn hy C.m~ens a (2-29(d)(0) (2mzen l~epnrt~ Any person who wishes to place a subject on the Council agenda at, regular City Council meetings shall advise the City Manager's office of that fact and the specified subject matter wtuch he or she desires to place on the agenda no later than 5 00 p m Wednesday prior to the Council meeting at winch he or she wishes the designated subject to be considered A time for such mtizen reports shall be provided on the agenda after the pledge of allegiance, approval of the mmutes, and the presentation of proclamations Any speaker providing a cmzen report shall speak for no longer than five (5) minutes on all ttems that he or she may bnng before the Council at each meeting, unless the Mayor or the majority of the Council grants an extension of time No citizen may fill out a "request to speak" form or have an oppormmty to PAGE 8 4Z speak or comment on another citizen's report which is given at the same Council meeting b (2-29(d)01)) Speaking on Ro.~m~lar a.d Consent Agenda Items Any person who wishes to address the Council regarding an item that is on the Council's agenda for a regular or special meeting, shall complete a "request to speak" form asking to speak regarding the item and return it to the City Secretary before the Council considers the item The Mayor will call upon the citizen to speak for no longer than three (3) minutes as that particular agenda item is considered by the City Council The provisions of this paragraph do not apply to persons appearing at a public heanng in response to an official agenda notice or publication The provisions of flus paragraph also do not apply to workshop meetings, and a citizen's right to speak and provide input at those meetings shall be limited and controlled by Section 4 3 "Workshop Meetings" of flus ordinance c (2-29(d)(u0) Any person who wishes to address the Council at a public heanng shall complete a "request to speak" form and return it to the City Secretary before the applicable hearmg The Mayor will call upon the citizen to speak for no longer than five (5) minutes 6 5 (2-29(e)) T,me 1 .~m~ts Speakers before the Council shall limit their remarks to five (5) minutes or less for public heanng items and citizen reports Citizens spealong to a non-pubhc hearing agenda item shall hrmt their presentations to three (3) minutes or less 6 6 (2-29(0) Oral pr~ao, ntntmnn hy C.,ty Manager Matters reqmrmg the Council's attention or action wlueh may have developed after the deadline for delivery of the written commmcatlon to the Council may be presented orally by the City Manager If formal Council actaon on a subJeCt is reqmred, such action may be taken only if the provisions of the Texas Open Meetings Act have been satisfied 6 7 (2-29(g)) pro. aentatmn of Proelamatmn,q The agenda may provide a t~me for the presentation of proclamations The Mayor or presiding officer may deliver and present proclamations upon the request of citizens Proclamations may encompass any actavlty or theme except that proclamations with a theme religious or partisan m nature shall not be presented Moreover, pmclamatmns shall not be used for any commercial or advertising purpose 7 CON~IDEIIATION O]? ORDINANCF, S: RI?,SOI,IITIONS.. AND MOTIONS 7 1 Prmto. d or T},pev. nntten '~orm All ordinances and resolutions shall be presented to the Council in pnnted or typewritten form The Council may, by proper motion, amend any ordinance or resolution presented to it and chrect that the amended ordinance be placed on the next Council Agenda for adoption 7 2 c.~ty AItome. y to Approve All ordinances, resolutions, and contracts and amendments thereto, shall be approved as to form and legality by the City Attorney, or he or she shall file a written oplmon on the legality of such ordinance, resolution or contract poor to submission to the Council (Charter, Section 6 02) PAGE 7 3 T'}m'l'mhlltlnn nf Ordma.aes and Resnhmnn,~ The C~ty Manager shall prepare cop~es of all proposed ordinances and resolutmns for dmmbut~on to all members of the Council at the meeting at wbaeh the ordinance or resolutmn ~s ~nttoduced, or at such earher t~me as m expedmnt 7 4 R~.nrdmE nf Vntes The yeas and nays shall be taken upon the passage of all ordinances and resolutmns and the vote of each member shall be recorded m the minutes (Charter, Section 2 06 (b)) 7 5 ~ An affumatlve vote of four (4) members ~s necessary to repeal any ordinance or take any official action m the name of the Cl~y except as other~wse prowded m the Charter or by the laws of the State of Texas (Charter, Section 2 06) 7 5 1 Tl~.-Vnte Matters voted on by the C~ty Council wbach end m a t~e-vote shall automatzeally be placed on each subsequent Counml meeting agenda until a full Council ~s present 76 1')ema. d ~'nr Rnll Cal! Upon demand of any member, the roll shall be called for yeas and nays upon any question before the Council, with the eYeeptmn nfthnse e~renmstanees set forth m ~q~etmn 7.12: The Prewmm Questmn It shall not be in order for members to explain their vote during the mil call 7 7 P_emmal_P_mmle~ The right of a member to address the Council on a question of personal pnmlege shall be hrmted to cases m wbach Ins or her mtegnty, character, or motives are aasmled, questioned, or ~mpugned 7 8 13mae~nts and Prnmsts Any member shall have the right to express dissent from or protest against any ordinance or msolutmn of the Council and have the mason therefore entered upon the minutes Such dissent or protest may be filed m writing, and presented to the Council not later than the next regular meeting followmg the date of passage of the ordinance or resolution objected to 7 9 Vntmg Rea?red No member shall be excused from voting except for lack of mformaUon and except on matters involving the consideration of bas or her own official conduct, or where bas or her personal interests are involved m accordance wxth Chapter 171, TEX GOV'T CODE ANN (Vernons 1999, as amended), and m these instances he or she shall abstmn Any member probabated from voting by personal ~nterest shall announce ttus at the commencement of cons~deration of the matter and shall not enter mtn discussion or debate on any such matter and shall leave the meeting room The member hawng briefly stated the reason for bas or her request, the excuse from young shall be made w~thout debate PAGE 10 ~ 10 Order of'Precedence oFMntlnn~ The following motions shall have priority m the order indicated 1 Adjourn (when unqualified) and is not debatable and may not he amended, 2 Take a recess (when pnvdeged), 3 Rinse a question ofpnvdege, 4 Lay on the table, 5 Previous question (2/3 vote required), 6 Lmut or extend limits of debate (2/3 vote required), 7 Postpone to a certain time, 8 Commit or refer, 9 Amend, 10 Postpone mdefimtely, 11 Mare Motion b The fn'st two motions are not always privileged To adjourn shall lose its privilege character and be a mmn motion if in any way quahfied To take a recess shall be pnvdeged only other business is pending c A morton to adjourn is not in order 1 When repeated vathout lntervemng business or discussion, 2 When made as an interruption of a member whale speakang, 3 Wtnle a vote is being taken d Only certmn motions may be amended as provided in the most current echtlon of Robert's Rules of Order, revised A morton to amend shall be undebatable when the question to be amended is undebatable 7 11 Reeonmderannn A motaon to reconsider any action of the Council can be made PAGE 11 48 not later than the next succeechng of~clal meeting of the Council Such a motion can only be made by a member who voted w~th the prevmlmg side It can be seconded by any member In order to comply with the Texas Open Meetmgs Act, any Councllmember who wishes to make such a motion at a meeting succeeding the meeting where the action was taken shall not~fy the City Manager to place the item for reconslderat]on on the Council agenda No quest]on shall be twice reconsidered, except by unammous consent of the Council, except that action related to any contract may be reconsidered at any time before the final execut,on thereof A matter wluch was not timely reconsidered m the manner provided by this section or was reconsidered but the action originally taken was not changed by the Council cannot be reintroduced to the Council or placed on a Council meet]ng agenda for a period of six (6) months unless tlus role is suspended as provided for m these Rules of Procedure 7 12 The Prewmm Qne~tmn When the previous question is moved and seconded, it shall be put as follows "Shall the mare question be now put9'' There shall then be no further amendment or debate, e~e~t that nnthmg harem ~hall allnw the prewnn~ qne~qtmn tn he e. alled poor to a lea,qt one oppnmm~ty for ene, h rnernher of the Connc~l tn ?eak nn the ojm.qtmn before the 12mmml Any pendmg amendments shall be put m their order before the mmn quemon If the motion for the previous question m lost, the mare question remams before the Council An affirmative vote of 2/3 of the Council shall be reqmred to move the previous question To demand the previous quest]on m equivalent in effect to mowng "That debate now cease, and the Council shall tmmedmtely proceed to vote on the pending motion" In practice, tlus is done with the phrase "Call for the question", or simply saying "Question" 7 13 W~thdmwal of Mntmn~ A motion may be withdrawn, or mochfied, by its movant without asking perrmsmon until the motton has been stated by the Presiding Officer If the movant mochfies Ins or her mot]on, the seconding councllmember may withdraw tus or her second After the quest]on has been stated, the movant shall neither withdraw it nor modify it without the consent of the Council The subject dafferent from that under consideration shall be admitted under color of amendment A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be m order 7 14 p~ppmpnatmn~ of Money Before formal approval by the Council of motmns providing for appmpnat]on of money, lnformat]on must be presented to the Council showing purpose of the appropriation In addat]on, before finally acting on such an appropnat]on, the Council shall obtmn a report from the City Manager as to the avmlablhty of funds and tus or her recommendations as to the desirability of the appropriation 7 15 Transfer of Appmpnntmn.q At the request of the City Manager, at any time dunng the fiscal year, the Council may by msolutton transfer an unencumbered balance of an appropriation made for the use of one department, division, or purpose, but no transfer shall be made of revenues or earmngs of any non-tax supported public utility to any other purpose PAGE 12 ~$ 8 1 Cmmc~l Comm~.ee~ The Co.cfi may, ~ ~c need ~scs, au~onzc ~c appom~cnt of thc "ad hoc" Co~cll co~mecs ~y co~mec so created shall cc~c to cx~st upon ~e accomphs~ent of ~e spec~ pu~osc for which ~t w~ created or when abohshcd by a majonW vote of~e Co.ell 8 2 ~¢~en ~ard% Commmm~n~: and C~mm~ttees The Co~cll may create o~er Co~Rees, Bo~ds ~d Comms~ons to assist m ~e conduct of ~e op~at~on of ~e C~W govement w~ such du~es ~ ~e Co.cfi may spec~ not mconmstent w~ the C~W Cheer or Code M~bem~ps ~d select~on ofm~b~s sh~l be ~ prowded by ~e Co~cd ~fnot specffied by ~e C~W Cheer or Code ~y Commee, Bo~d, or Co~ss~on so created shall cede to ernst upon ~e accomphs~t of ~e spec~ p~ose for w~ch ~t w~ created, or when abohshed by a majon~ of ~e vote of ~e Co.mi No Co~Ree so appmnted s~ll have powe~ o~ ~ advlso~ to ~e Co~cll or to ~e C~W M~ager, exc~t ~ othe~se spemfied by ~e Ch~ or Code 8 3 Appmn~ent~ a ~dxmdu~ C~W Co~cl~emb~s m~ng no.nations for mmbe~ m c~t~z~ bo~ds ~d comsmons will consider ~nterest~ persons on a c~de b~s b ~e C~ Co.cfi wall m~e ~ effort to be mclusme of~l se~ents of~e co~W m ~e bo~d md co~mslon appomment process C~W Co~cl~embe~ wall comlder e~c~, gender, soc~o-econo~c levels, md o~er factors to em~e a ~v~e representa~on of D~ton clt~ens c ~e C~W Co~cd will t~e into conmderat~on ~ mdawdual's qu~fica~ons, wflhn~ess to se~e, md apphea~on ~omat~on m selecting nmmat~om for memb~p to each bo~d ~d CO~SS1OB d ~ ~ effoa to ensue m~mm cmzen p~m~pa~on, CaW Co~c~embers wdl con~nue ~e gener~ prac~ce of no~a~ng new mtizens to replace bo~d members who have se~ed ~ee consecu~ve, ~11 te~s on ~e sine bo~d e Each C~W Co~m~emb~ will be responmble for m~ng no~nmxons for bo~d ~d comss~on places ass~ed to hm or her, w~ch may co~espond to the C1W Co~m~b~'s pl~e ~wdu~ C~W Councflmembe~ will m~e nommmxons to ~e hll C~W Co.cfi for ~e govemng body's approval or d~sappmv~ 8 4 Rules of Procedure Bo~d ~d Co~smon members sh~l comply ~th ~e provlmons of ~lcle m of Chapter 2 of ~e Code of Ordln~ces E~h Bo~d sh~l be provided a copy of ~ese roles of proced~e ~d each adwso~ bo~d shall Mopt roles of proced~e govemng PAGE 13 47 the operation of its board, ~ncorporatang Sections 2, 3, 5, and 7 hereof insofar as is possible 9 VI'¥1'~ R~,QIJTR~D Quesuons on which the young reqmrement is vaned by the Charter, State Statutes and these rules are listed below 9 1 ChaT*er nnd State ~qtn'~tnry Ren?rements a Cbnrter Amendment - F,ve Vntes Ordinances submlmng proposed Charter amendments must be adopted by a two-thtrds vote of the Council (Article X/, Section 3, Texas ConsUtutaon and Chapter 9, Texas Local Government Code (Vemons 1999, as amended ) For a seven member Council, this means five members must vote affn'matlvely b r .ev~n~ ng Ta~es -Ftve Votes Ordinances prowdlng for the assessment and collection of certatn taxes reqture the approval of two-tlurds of the members of the Council (Sectaon 302 101, Texas Tax Code) (Vemons, 1999, as amended ) c Chan~ng Paving Assessment Plans - Five Votes Changes m plans for paving assessment requare a two-thtrds vote of the Council (Section 313 053(e) Transportatton Code, Vemons 1999, as amended ) d Changes m Zoning Ordinaries or Zoning C. la~s~fieat~ons Lq cases of a written protest of a change m a zoning regulation or zoning class~ficaUon by the owners of twenty (20%) percent or more either of the area of the lots included m such proposed change, or of the lots lmmechately adjoining the same and extendmg two hundred feet (200') therefrom, such amendment shall not become effective except by the favorable vote of three-fourths (3/z;) of all members of the City Council, six (6) votes of the City Council is required to ovemde the decision of the Planmng and Zomng Commission that a zoning change be demed e Amendment of Tax Ah.tement Palmy The guidelines and criteria adopted as the City's Tax Abatement Pohcy may be amended or repealed by a vote of three-fourths (3/4) of all members of the City Council (Section 312 002(c)) Texas Tax Code (Vemons 1999, as amended ) I0 ,qiT. W.R AI~II .IT~ CI ~AILqR That if any section, subsectaon, paragraph, sentence, clause, phrase or word in tlus orchnance, or apphcatlon thereof to any person or circumstances ~s held mvahd by any court of competent jurlschctlon, such holding shall not affect the validity of the remmmng portions of th~s ordmanee, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remmnmg po~tlons despite any such mvahdlty PAGE 14 4~ SECff_ION_Z That Orchnances 74-48, 81-35, 90-026, 90-150, 92-115, and 93-073 are hereby repealed ~qg, CTIflN 3_ That this Ordinance shall become effective tmmedlately upon its passage and approval PASSED AND APPROVED ttus the day of ,1994 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 15 ~$9 A~]enda Item~.'~-- AGENDA INFORMATION SHEET ~ate AGENDA DATE' May 1, 2001 DEPARTMENT Police ACM: Jon Fortune SUBJECT' Consider appointments to the Racml Profihng Task Force BACKGROUND' The purpose ofth~s agenda item is to prowde Council Members and the Police Department the opportunity to present nomlnat~ons and make appointments to the Racial Profiling Task Force At the Work Session on April 10, 2001, the Council agreed to appoint a Task Force to study the issue ofracml profihng in the C~ty of Denton It was agreed that each Councd Member would appoint one (1) c~tlzen to the Task Force and the Police Department would appoint two (2) representatives Additionally, the Council wall appoint or designate a Chmrperson for the Task Force OPTIONS: The Councd can appoint the full membership of the Task Force or, ff necessary, can delay the appointments to a later date RECOMMENDATION: No staffrecommendat~on ~s needed PRIOR ACTIONfREVIEW: As stated, the Councd considered th~s ~ssue on Aprd 10, 2001 and decided to move forward w~th the appointment of the Task Force At the Regular Session on Aprd 17, 2001, Council Member Sandy Knstoferson appointed Gilbert Mart~nez, Council Member Rom Beasley appointed Martha Guerra, and Council Member Carl Young appointed Ruby Cole to the Task Force FISCAL IMPACT' There ~s no identifiable fiscal ~mpact at this t~me However, dependent upon the scope of the study, financial resources may be necessary Respectfully submitted, Gary L Matheson Chief of Pohce Agendaltem~ ~, ~:~' - AGENDA INFORMATION SHEET ~ate__ ~\ \ \~ \ - AGENDA DATE: May 1, 2001 DEPARTMENT' Caty Manager's Office CM' Howard Martin, Interim City Manager SUBJECT Consider nominataons and appointments to the City's Boards and Commissions BACKGROUND The following is a last of current Board/Commission vacancies/nomInahons Charles R~dens has resigned from the Traffic Safety Commission Thas as a nomination for Mayor Pro Tem Beasley Bulhtt Lowry has resigned from the Public Utdities Board Thas as a nomination for Council Member Cochran If you reqmre any further information, please let me know Respectfully submitted Jeht~afer Walt~h~s ' City Secretary