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HomeMy WebLinkAboutJanuary 08, 2002 Agenda AGENDA ~,~nda It~m~ - ~"'-7-' January 8, 2002 After determining that a quorum is present, the City Council will convene m a Work Session on Tuesday, january 8, 2002 at 4 30 p m in the Council Work Session Room at City Hall, 215 E McKmne~{ Street, Denton, Texas at which the following ~tems will be considered 1 Receive a report, hold a discussion and provide direction concerning the contract alternatives for installing the raw water transmission supply line for the Lake Ray Roberts Water Treatment Plant on U S Am~y Corps of Engineers property 2 Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of January 8, 2002 Following the completion of the Work Session, the Council will convene in a Closed Meeting at 5 30 p m ito consider specific 1terns when these items are listed below under the Closed Meeting section of this agenda When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting at 5 30 p m and will convene at the time hsted below for its regular or special called meeting The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda conslstenl~ w~th Chapter 551 of the Texas Government Code, as amended, as set forth below 1 Closed Meeting ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN 1N AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, iDECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PRO¥I~ONS OF §551 086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION ) THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETIN~ OR EXECUTIVE SESSION AS AUTHORIZED BY TEX GOV'T CODE, §§551 001, E~T SEQ (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO REcoNVENE 1N A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, 1N ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, II~CLUDING, WITHOUT LIMITATION §§551 071-551 086 OF THE TEXAS OPEN MEETINGS ACT Special Qalled Meeting of the City of Denton City Council on Tuesday, January 8, 2002 at 6 30 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 ~ U S Flag Bl Texas Flag I "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible" PROCLAMATIONS/PRESENTATIONS 2 Presentation of Volunteer Blood Donor Month Proclamation C~ty of Denton C~ty Council Agenda January 8, 2002 Page 2 3 Recogmt~on of staff accomphshments CITIZEN REPORTS 4 Dess~e Goodson regarding human beings versus ammals 5 Juhe Sahh regarding Sohd Waste ~ssues and the Sohd Waste ordinance 6 Carl Young regar&ng commtunty ~ssues 7 Wtlhe Hudspeth regarding Council procedure for c~tlzen reports CONSENT AGENDA Each of these ~tems ~s recommended by the Staff and approval thereof will be strictly on the bas~s of the Staff recommendations Approval of the Consent Agenda authorizes the C~ty Manager or his designee to ~mplement each ~tem m accordance w~th the Staff recommendations The C~ty ,Council has received background ~nformatmn and has had an opportumty to rinse questions regarding these ~tems prior to consideration L~sted below are bids, purchase orders, contracts, and other ~tems to be approved for payment under the Consent Agenda (Agenda Items 8-28) Th~s hst~ng ~s prowded on the Consent Agenda to allow Council Members to &scuss or wtthdraw an ~tem prior to approval of the Consent Agenda If no ~tems are pulled, Consent Agenda Items 8-28 below will be approved w~th one motion If ~tems are pulled for separate d~scuss~on, they will be considered as the first ~tems following approval of the Consent Agenda 8 Consider approval of the minutes of November 12, 2001, November 13,2001, November 27, 2001, December 4, 2001, December 11, 2001, December 12, 2001, December 17, 2001, December 18, 2001, and December 19, 2001 9 Consider adoption of an or&nance of the C~ty of Denton, Texas, prohibiting parking on the south s~de of West Oak Street from ~ts ~ntersect~on w~th North Texas Boulevard east for 100 feet, prowd~ng for a severabfl~ty clause, prowd~ng for a sawngs clause, prowd~ng for a penalty not to exceed $200 for v~olat~ons of th~s ordinance, providing for an effective date, and prowd~ng for pubhcat~on 10 Consider adoption of an or&nance supeme&ng and repeahng Ordinance No 2001-228 to ~ncrease the length of the L~berty Chnstmn School's school zone because the school has acqmred ad&t~onal property, designating and estabhsh~ng a school safety speed zone, reducing the maximum prima fac~e speed hm~t for smd school safety speed zone to a speed found to be reasonable and safe by the Eng~neenng and Transportation Department ~nvestlgatlons for the designated hours, prow&ng for school bus loading zones at certmn schools, providing a penalty of a fine not to exceed two hundred dollars ($200 00), pr0wd~ng a severabfl~ty clause, prow&ng for pubhcauon, and declanng an effective date 11 Consider adoption of an ordinance of the C~ty Council of the Cay of Denton, Texas authorizing the C~ty Manager to execute Change Order Number Two to the contract between the C~ty of Denton and Archer Western Contractors, Ltd, prowd~ng for an ~nerease ~n the scope of work and an ~ncrease ~n payment amount, providing for the expenditure of funds therefore, and provl&ng an effective date (Ordinance No 2001-192, City of Denton City Council Agenda January 8,' 2002 Page 3 B~d No 2612 - Lake Ray Roberts 20 MGD Water Treatment Plant awarded to Archer Western Contractors, Ltd in the mount of $35,785,257, plus Change Order Number Two in the amount not to exceed $96,126 49, will be prod from funds w~thln the existing contract (Allowance BB) 12 Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the C~ty Manager to execute Change Order Number Three to the contract be{ween the C~ty of Denton and Amher Western Contractors, Ltd, providing for an lnarease ~n the scope of work and an increase in payment amount, providing for the expenditure of funds therefore, and providing an effective date (Ordinance No 2001-192, Bid 2612 - Lake Ray Roberts 20 MGD Water Treatment Plant awarded to Archer Western Contractors, Ltd in the amount of $35,785,257, plus Change Order Number Three ~n the amount not to exceed $71,328 36, wall be paid from funds within the ex~stmg contract (Allowance BB) 13 Consider adoption of an ordinance of the C~ty of Denton authorizing the City Manager to execute on behalf of the City of Denton a grant agreement with the Texas Department of Transportation relating to the design and constructmn of the air traffic control tower and airport terminal budding at the Denton Municipal Airport, and declaring an effective date 14 Consider adoption of an ordinance of the C~ty of Denton authorizing Amendment No 2 of,an agreement dated August 15, 2000 relating to a grant for routine airport maintenance program between the City of Denton and the State of Texas acting through the Texas Department of Transportation, authorizing the C~ty Manager to expend funds provided for in the amendment, and declaring an effective date (TxDOT ProJect No 2002DNTON, and TxDOT CSJ No M218DNTON) 15 Consider adoption of an ordinance accepting competitive b~ds and awarding a public works contract for the reconstruction of water and wastewater facdmes on US Highway 77, US Highway 380 and Sherman Drive, providing for the expenditure of funds therefore, and providing an effective date (Bid 2775 - Water/Wastewater Relocation for US H~ghway 77, US H~ghway 380 and Sherman Drive Reconstruction awarded to Jagoe Public Company in the amount of $2,069,514) 16 Consider adoption of an ordinance approwng the emergency purchase of a cab/chassis and Advanced Life Support Module repairs in accordance w~th the provisions of state law exempting such purchases from requirements of competitive bids, and providing an effective date (Purchase Order 102245 - to Jack Roach Ford/Frazer, Inc, in the an~ount of $39,000) 17 Consider adoption of an ordinance of the C~ty Council of the City of Denton, Texas anthorlzmg the C~ty Manager or h~s designee to execute an agreement on behalf of the City of Denton to purchase Laser Fiche Document Imaging Application Services from VP Imaging, through a Qualified Information Service Vendor (QISV) of the State of Texas, and approving the expenditure of funds therefore, and providing an effective date (Purchase Order 102246 - to VP Imaging, in the amount of $83,643) City of Denton City Council Agenda January 8~ 2002 Page 4 18 Consider adoption of an ordinance of the City Council of the City of Denton, Texas anthonzmg the City Manager or his designee to execute a change order to a purchase order for the supply of office furniture between the C~ty of Denton and Texas Furniture Source, Inc, provl&ng for an increase m the quantity, and an increase in price and providing for the expenditure of funds therefore and prowding an effective date (Purchase Order 101757 - to Texas Furniture Source, in the amount of $23,309 02 plus change order one in the amount of $8,454 62) 19 Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of ready mix concrete and portland cement, providing for the expenditure of funds therefore, and providing an effective date (Bid 2773 - Annual Price Agreement for Ready Mix Concrete and Portland Cement awarded to Lattlmore Materials Company and Texas Industries (TXI) in the annual estimated amount of $530,000) 20 Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of electric meter sockets, providing for the expenditure of funds therefore, and providing an effective date (Bid 2767 - Annual Price Agreement for Electric Meters, CTs and Meter Sockets, Item(s) 1-12, 18-29 and 34-47 to Wesco Distribution, and Item(s) 13-17 and 30-33 awarded to Texas Meter and Device in the estimated annual amount of $430,000) 21 Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of diesel fuel dehvered in less than 1000 gallon quantities, providing for the expenditure of funds therefore, and providing an effective date (Bid 2754 - Diesel Fuel (Less than 1000 Gallon Delivery) awarded to Kelsoe Oil Company in the amount of $80,000) 22 Consider adoption of an ordinance accepting competitive b~ds and awarding a contract for the purchase of fire fighter station uniforms, providing for the expenditure of funds therefore, and providing an effective date (Bid 2763 - Fire Fighter Station Uniforms awarded to Casco Industries, Inc, in the amount of $37,830) 23 Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of traffic signal components, Item 38-41, providing for the expenditure of funds therefore, and providing an effective date (Bid 2751 - Traffic Signal Components, Item 38-41 awarded to Paradigm Traffic Systems in the estimated amount of $260,108) 24 Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of single phase capacitor oil switches, providing for the e>~pendlture of funds therefore, and providing an effective date (Bid 2766 - Overhead Capacitor Off Switches awarded to Techhne, Inc in the annual estimated amount of $31,800) 25 Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of decorative streethght poles and fixtures, providing for the expenditure of funds therefore, and providing an effective date (Bid 2774 - Decorative Streethght Poles and Fixtures awarded to Fred Oberlander and Associates in the amount of $30,888) City of D~nton City Council Agenda January 8,' 2002 Page 5 26 Consider approval of a tax refund to Spectrasite Communications Inc c/o Arthur Anderson LLP in the amount of $750 53 The Denton Central Appraisal District removed the property from the mx roll 27 Consider approval of a tax refund to Granville & Llnda Wright in the amount of $712 17 The 2001 property value was decreased by the Denton Central Appraisal District 28 Consider adoption of an ordinance amending Ordinance No 2001-193 of the City Code relating to roles of procedure for types of meettngs and presentations by c~tizens for the City Council of the City of Denton, Texas, providing a severablhty clause, prowdlng a savings clause, and declanng an effective date PUBLIC IHEARINGS 29 Hold a public hearing and consider an ordinance amending the schedule of wastewater rates contmned in Ordinance No 2001-335 for wastewater service, adding the provisions of the schedule respecting the storm drmnage fee (Schedule SD), providing for a repealer, providing for a severablhty clause, and providing for an effective date 30 Hold a pubhc hearing and consider adoption of an ordinance rezomng approximately 0 8 acres from a One-Family Dwelling zoning d~stnct (SF-7) to a Planned Development zomng district The site is generally located on the east side of Audra Lane, south of Mack Place and north of Lee Drive A Detail Plan for four slngle-famdy lots ~s proposed The Planning and Zoning Commission recommends demal (6-1) (Z01-0042) 31 Hold a pubhc hearing and consider adoptmn of an ordinance rezonlng approximately 0 ~3 acres from a Single-family (SF-7) and Commermal (C) zoning district to a General Retail (GR) zoning district The site ~s generally located at the northeast comer of McKmney Street and Wood The property is legally described as Lot 14 and 15, Block 1 of the College V~ew Addition in the City of Denton, Denton Coumy, Texas A laundry and restaurant are proposed The Planning and Zoning Commission recommends approval (7-0) (Z01-0043) 32 Hgld a public hearing and consider adoption of an Ordinance amending Ordinance 99- 439 regarding proposed amendments to the Demon Comprehensive Plan Land Use Map The Planning and Zoning Commission recommends approval (6-1) wah condmons (CA01-0002) 33 Hold a public heanng and consider adoption of an Ordinance amending Ordinance 99- 439, the Moblhty Plan The Connect~wty Component wall provide a framework for detenmmng connectlwty requirements for future developments The Planning and Zoning Commlsslonrecommends approval 5-0-1 (Kelth abstained) (SI01-0019) 34 Hold a public hearing and consider adoption of an ordinance rezomng approximately 4 2 acres generally located north of Foster Road approximately 300 feet east of Mayhdl Road, from an Agricultural (A) zoning district to a Light Industrial (LI) zoning district A Solid Waste Administration bmlding is proposed The Planning and Zomng Commission recommends approval (7-0) (Z01-0046) City of Denton City Council Agenda January 8, 2002 Page 6 INDIVIDUAL CONSIDERATION/PUBLIC HEARINGS 35 Crawford Road-Schrader Annexation a Consider adoption of an ordinance on second reading to voltmtanly annex approximately 2 67 acres of land generally located north of Crawford Road, east of Interstate H~ghway 35W and west of John Paine Road, in the C~ty of Denton Extratemtonal Jurisdiction The Planning and Zoning Commission recommends approval (6-0) (,,t01-0006) b Hold a pubhc heanng and consider adoption of an ordinance zoning apprommately 2 67 acres of land generally located north of Crawford Road, east of Interstate H~ghway 35W and west of John Prone Road, ~n the City of Denton Extraterr~torlal Junsdmt~on The Planning and Zoning Commission recommends approval (6-0) (Z01-0028) c Hold a pubhc heanng and consider adoption of an ordinance rezomng approximately 7 5 acres from an Agricultural (A) zoning district to a General Retml (GR) zomng d~stnct The property is generally located north of Crawford Road, east of Interstate H~ghway 35W and west of John Paine Road Commercial development is proposed The Planning and Zoning Commission recommends approval with conditions (6-0) (ZOl-O040) 36 Robson Ranch North Annexation a Consider adoption of an ordinance on second reading to involuntarily annex apprommately 300 acres of land generally located north of Lively Road, south of FM 2449 and west of C Wolfe Road, in the City of Denton Extraterritorial Junsd~ctmn The Planmng and Zomng Commission recommends approval (5-1) (A O l-O00 7) b Hold a pubhc heanng and consider adoption of an ordinance zoning apprommately 300 acres of land generally located north of L~vely Road, south of FM 2449 and west of C Wolfe Road, in the City of Denton Extraterritorial Jurisdiction The Planning and Zoning Commission recommends approval (5-1) (Z01-0026) 37 Tho Operating Company Annexation a Consider adoption of an ordinance on second reading to involuntarily annex 104 acres generally located north of J~m Christal Road, south of Umvers~ty and west of Masch Branch Road, in the City of Denton Extraterritorial Jurisdiction The Planning and Zoning Commlssmn recommends approval (4-2) (AOI-O009) b Hold a public hearmg and consider adoption of an ordinance zomng approximately 104 acres generally located north of Jim Christal Road, south of Umvers~ty and west of Masch Branch Road, ~n the City of Denton Extraterritorial Junsdmtlon The Planmng and Zoning Commission recommends approval (4-2) (Z01-0029) City of Denton City Councd Agenda January 8, 2002 Page 7 ITEMS FOR INDIVIDUAL CONSIDERATION 38 Constder nominations/appointments to C~ty Boards and Commissions 39 New Business Th~s ~tem prowdes a section for Councd Members to suggest items for future agendas or to request reformation from the Cay Manager 40 Items from the City Manager A Notfficatlon of upcoming meetings and/or conferences B Clarification of ~tems on the agenda 41 Possible Continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 42 Officml Action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act CERTIFICATE I certify that the above notme of meeting was posted on the bulletin board at the City Hall of the C~ty of Denton, Texas, on the .day of ,2002 at o'clock (am)(pm) CITY SECRETARY NOTE THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE CITY WILL PROVIDE SIGN LANGUAGE iNTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE AGENDA INFORMATION SHEET AGENDA DATE January 8, 2002 DEPARTMENT UUhty AdmlmstraUon ACM Howard Martin, 349-8232 SUBJECT. Receive a report from staff, hold a d:seussmn and provide d:rectmn concerning the contract alternatives for mstalhng the raw water transm:ss:on supply hne for the Lake Ray Roberts Water Treatment Plant on U.S Corps of Engineers property BACKGROUND. The Lake Ray Roberts Water Treatment Plant project is m the 7th month o£ the construct:on phase and the project :s approx:mately 30% complete So far the project is runmng ahead of schedule and staff has only recently approved the first change order for the project (PCM -001 for add:tmnal culverts on Burger Road, an owner :mtlatad change order m the amount of $ 24,932 66) Prior to the bidding stage, the original constructmn plans were prepared to include the following famht:es 1 A 60-tach d:ameter raw water supply hne extending from the Ray Roberts outlet control structure and hydroelectric generator supply line to a raw water pump station 2 A raw water pumping station 3 A 42~meh character raw water supply hne extending ~rom the raw water pumping station to the water treatment plant 4 A 20-mgd surface water treatment plant w:th chemical feed eqmpment, operatmns/mmntenance and admlmstratlon bmkhng, and standby electrical generation faclht:es 5 A 6-rog treated water ground storage reservoir 6 A 30-mgd h:gh servme pumping statmn Shortly before the project was to be released for b~ds, staff and the eng:neenng consultant recommend removing the two raw water transmlss:on p:pehnes 0toms 1 & 2 hsted above) from the b:d 6ocuments due to comphcatmns w:th the right of way and rouUng of the 42-tach p:pehne to be looated on the USACOE Lake Ray Roberts project property Staff d:d not want to include work that had a reasonable potentml of changing dunng the construct:on phase and felt tlus work could be :ncluded w:th the 54qnch treated water transm:ssmn p:pehne project that would be bid later that year The key problem with the pipeline routing on the USACOE property was the original design and routing was first determined when the plant facilities were originally designed in 1990-1991 However, the project d,d not proceed forward with construction at that time and the easement agreements with the USACOE had been ~mtlated but not finalized at that time The USACOE later constructed a draanage channel on the City of Denton's Lake Ray Roberts Water Treatment Plant project property per the City's request Tbas drainage channel was necessary to eliminate the drainage nuisance caused by the USACOE's groundwater relief wells that had been constructed along the base of the dam that discharged into a natural drainage way that went through the c~ty's property Unfortunately, the USACOE determined that this drainage ~mprovement requared a wetlands mltagatlon effort and the USACOE subsequently constructed a man made wetland on their Lake Ray Roberts Project property that was on the proposed raw water pipeline route Dunng the bidding phase and the first several months of the construction phase of the new water treatments plant, staff and the eng~neenng consultant, (Freese and Nichols, Inc ), have been working with the USACOE to evaluate reroutmg and redes~gnlng the 42-1nch raw water lane or eliminating the constructed wetland on USACOE property and mitigate the wetlands loss at another location Based upon the progress and decisions made by both parties to date, at appears that the most cost effective and desirable approach will be staying with the original design and doing wetlands mitigation offslte Staff and the englneenng consultant are finalizing these arrangements and are now making dems~ons concerning the preferred method of procurement for the installation of the raw water lines and the wetlands removal on the USACOE property Based upon a variety of reasons, staff and the eng~neenng consultant are recommending that this work be procured by negotiating with the Lake Ray Roberts Water Treatment Plant contractor, (Archer Western Constructors) to perform flus work as a change order to the plant project Exinblt 1I detmls the reasoning behind this recommendation Staff as proposing to manage the offslte wetlands mxt~gatlon construction work that was a part of these negotiations with the USACOE using City of Denton drainage division personnel Tins offsite wetlands m~tlgatlon will consist of relatively manor rep/uts to existing structures on the Range Creek Wetlands ProJect located on the USACOE Lake Ray Roberts Project property on the northeast side of the lake Staff sees several advantageous to the C~ty of Denton by using this change order approach and ~s seeking support l~om the PUB and City Council to manage ~t an this way Change orders can typically be separated into three categories 1 Owner lmtlated changes to the scope of work outlined in the contract documents 2 Engineer's errors and omissions m the plans and specfficatlons 3 Unforeseen site conditions In each case, ~t as to the owner's benefit to have access to the change order process to made demslons that are an their best interest Procurement of the raw water pipelines through a change order process in thxs instance would be an owner untlated change order since it constitutes a change an the contract scope requested by the owner Current state laws govermng mummpal contracts reqmre that lndavadual change orders in excess of $ 25,000 be approved by the City Council with a maximum cumulatave change order amount of 25% of the onganal bad price allowed for the project Cumulatave change order amounts over 25% of the original contract value require a competitive bad process Admamstratave procedures prevmusly approved by the PUB and City Council for thts project (by the PUB on December 18, 2000 and by the City Council on January 23, 2001) required staff to process change orders over the $ 25,000 dollar amount through the City Council for approval The PUB was supportive towards staff to admlmstratlvely process change orders above the $ 25,000 dollar level provided that staff report all change order actavlty to the PUB at the next avmlable meeting, provide appropriate detmls concerning the nature of the change order, and stayed watinn the target 2% of the total project cost budgeted for this purpose ( $ 700,000 for plant work and $ 50,000 for SCADA and anstmmentatlon/automatlon work) The City Attorney advised the City Council to contanue to make all final approval demslons for any change order decisions greater than $ 25,000 based upon their interpretation of state law reqmrements However, the City Council did understand the need for streamlined administrative procedures to expedite change order procedures for a large construction project of thus nature and suggested that staff consider the details of how to accomphsh this Spemfic areas that were subsequently considered included change order scheduling flexibility to get on the council agenda as early as possable, standardamng agenda items and staff back up, and use of the consent agenda OPTIONS. 1) Instruct staff to negotaate a change order with Archer Western for the constmctmn of the 60qnch and 42qnch raw water supply lmes and related work on the USACOE Lake Ray Roberts project property 2) Instmct staff to include this construction work wath the bids for the 54qnch fimshed water transmassaon papelme project to be bad in January/February of 2002 3) Instruct staffto bad this construction work as a separate project RECOMMENDATIONS' Staff recommends Optaon 1 - negotiating a change order w~th Archer Western to include thc 60- inch raw water supply transmasslon lane and the 42-tach raw water pump station dascharge line The advantages to the city wath using this approach are detmled in the attached Exinbat li The cremated cost of the change order would be approxamately 2 5 to 4 0% of the total contract amount Due to the saze of this change order, staff would also recommend obtaining both PUB and City Council approval of this change order and modafymg the purchase order to fund this change order through the use of bond funds that have been budgeted for tins project m the FY 2002 Water Utlht~es CIP ffstaffas unable to negotiate an acceptable price from Archer Western for tins work as a change order, staff would then recommend Optmn 2 rather than Option 3 3 Optmn 2 has the advantages of economy of scale but has the d~sadvantages outlined in Exhibit 1I that favor the change order process On December 10, 2001, the PUB recommended for staff to proceed forward w~th the change order negotiation process approach by a vote of 5-2 Some board members expressed concerns about using a change order process for a change of this magnitude However, the PUB recognized that tlus approach offered advantages to the C~ty of Denton over the other two options and the work was originally designed to be included with the project before right of way comphcatlons affected the demslon to remove these ~tems from the contract prior to releasing the project for b~ds The meeting mmutes for the December 10, 2001 PUB meeting are enclosed as Exhibit 1II PRIOR ACTION REVIEW (COIJNIL~ BOARDS~ COMMISSION) PUB December 18, 2000 - Review admlmstratlve procedures for processing change orders for the Lake Ray Roberts Water Treatment Plant Project December 10, 2001 - Consider the contract alternatives for lnstallmg the raw water transm~ssaon supply lme for the Lake Ray Roberts Water Treatment Plant on USACOE property C~ty Counml January 23, 2001 - Review admlmstrat~ve procedures for processing change orders for the Lake Ray Roberts Water Treatment Plant ProJect MAP' See Exh;b~t I Respectfully submitted Howard Martin Assistant C~ty Manager, Utd~tles 4 Prepared by T~mothy S Fisher, P E Assistant Director of Water Utdltles Exhibit I - Location Map Exhibit 11 - Letter from Freese & Nmhols recommending the procurement of the raw water pipeline vta a change order process, Nov 14, 2000 Exhibit 1II -Public Ut~htaes Board Meetmg Minutes, December 10, 2001 November 30, 2001 Mr Tim Fisher, P E Assistant D~rector - Water Utthttes C~ty of Denton 901-A Texas Street Denton, Texas 76201 Re Recommendation on Procuremen* of l~.a~ Water Line Constmcuon Lake Ray Roberts Surface Water Treatment Plant DTN00343C Mr Fisher We are proceeding forward w~th the preparation of the detailed ~nformaUon to allow Archer Western Constructors to provide a cost to the City of Denton for constructing the raw water pipeline from the hydro junction box to the Raw Water Pump Statmn and the discharge hne from the pump station to the Lake Ray Roberts Water Treatment Plant We believe that it ~s m the City of Denton's ~nterest to procure the construction of the hne through an amendment to the LRRWTP construction contract the C~ty has w~th Archer Western, g~ven an acceptable price can be negotiated Factors suggesting that tins approach would dehver a constructed papehne that meets the C~ty ofDenton's quahty and cost reqmrements include 1 AW has demonstrated on the LRRWTP that they are a quality contractor who can comple~te the work 2 AW as already mobilized at LRRWTP wath crew and eqmpment avadable that should result m a competmve price Tbas approach will mamrmze coordmatton problemq, espem~ly ,ruth respect to tie-in issues, between two chfferent contractors ehmmaung the potenUal for coordmatmn clanns Tins as especially cntmal m hght of the work being on USCOE property and needing to mmmnze the habfllty for clmms for damage to the Corps property 4 It as also advantageous, wtth respect to heightened terronsl/secunty concerns to lumt the number of different contractors and personnel accessing restricted areas of federally con~'olled reservmrs 5 The s~ze of the pzpelme project ~s relatively small wtuch may result m sub-optnnal competmve b~ddmg There is a greater than normal chance of a nominally quahfied contractor subnnttmg the low bad The contract amendment approach allows the City to get a large and well-quallfied contractor 6 There should be fewer defendable surprises as AW is fanuhar wath the work, the area, the ground conchUons, ere Freese and Nichols, Inc II Engineers I1 Enmronmental Scientists Il Architects 4055 International Plaza II SuKe 200 il FortWorth, Texas II 76109-4895 817-735-7300 Ill Fax 817 735 7491 I www freese com 7 EXHIBIT II 11/30/2001 Page 2 of 2 7 No bid process is necessary The cost and tnne reqmred for preparation of contract documents will be saved 8 The contractor is h~ghly moUvated to be responsive m t~mmg and m cost to a request for a contract amendment of tins type Thts is due to the current schedule having their p~pelme crew on-s~te m the next couple of months and an understandable vosh to chromate elements not m their control (separate contractor) The thmelme reqmred for a conventional bidding process would likely be mcompattble w~th the tmung of their pipeline crew being on site and the cost advantage would be lost We are of the optmon that the City of Denton and Freese and Nichols, Inc have adequate tustoncal cost reformation on sumlar, recently constructed pipelines to assure that the cost for construction subnutted by Archer Western, Inc to perform flus work is comparable vath costs that woutd be expected if the project were competltzvely b~d Our rccommendauon of award, l! appropriate, would include the cost comparison mformatmn In response to your mqmry on the existing state laws govermng change order amounts allowed under the existing contract Texas Local Government Code 252 048 allows the total amount of change orders on a project to be up to 25% of the original contract amount. This would equate to $8,946,314 25 Even wtth the potential inclusion of the raw water line as a change order we do not expect that the total change order amount for the Lake Ray Roberts WTP vail approach the 25% If the City of Denton, with our assistance, is not able to negotmte an acceptable contract amendment price, conventional btddmg is sttll an optmn However It would be more dtfficult to try conventmnal bidding first and if the results are not acceptable try negotmtmg an amendment w~th the contractor We recommeffd the City proceed vath a contract amendment vath Archer Western for the construcUun of the~plpehne based on the factors stated above If you have any questmns, please do not bemtate to call Smcerely, ZE AND NICHOLS, INC Ra)t[nbhd R Longor~, P E, DEE Ptroject Manager cc Office File DTN00343C/4 10 1 DRAFT 2 PUBLIC UTILITIES BOARD MEETING MINUTES 3 December 10, 2001 4 5 After determining that a quorum of the Public Utflmes Board of the City of Denton, Texas was 6 present, the Pubhe Utilities Board convened into an Open Meeting on Monday, December 10, 7 2001 at 9'03 a m m the Service Center Training Room, City of Denton Service Center, 901-A 8 Texas Street, Denton, Texas 9 10 PRESENT' Dick Norton, George Hopkins, Charldean Newell, Dick Smith, Jim 11 Wilson, Don White and Bill Cheek 12 13 EX OFFICIO MEMBERS 14 Mike Conduff, City Manager 15 Howard Martin, ACM/UtthtIes 16 17 4)Receive a report, hold a discussion and provide direction concerning the contract 18 alternatives for installing the raw water transmission supply line for the Lake Ray 19 Roberts Water Treatment Plant on U S Army Corps of Engineers property 20 21 Tim Fisher, Assistant Director of Water Utilities, presented this report The Lake Ray Roberts 22 Water Treatment Plant project is approximately 30% complete The project is nmning ahead of 23 schedule and staff has recently approved the first change order for the project (PCM-001 for 24 additional culverts on Burger Road, an owner imtiated change order xn the amount of 25 $24,932 66 ) 26 27 Fisher reported that shortly before the project was to be released for bids, staff and the 28 engineenng consultant recommended removing the two raw water transmission pipelines from 29 the bid documents due to comphcatlons with the right-of-way and routing of the 42-tach 30 pipeline to be located on the USACOE Lake Ray Roberts project property Staff felt ~t was ~n 31 the C~ty's best interests to not ~nclude portions of the original project that had a reasonable 32 potential of changing dunng the construction phase and thought th~s work could be ~ncluded 33 with the 54-inch treated water transmission pipeline project that would be bid later that year 34 Staff was subsequently able to reach a favorable negotiation w~th the USACOE for right of way 35 and wetlands mitigation that allow the p~pehne to remmn ~n it's onglnal route as earher 36 designed At that point, the engmeenng consultant recommended to city staff that fi'ns work 37 could be put back into the original contract through a negotiated change order process rather 38 than bidding it with the 54-1neb treated water transmission project 39 40 The Board asked how large the dollar amount of the change order would be Fisher explmned 41 that the original engineer's estimate for the raw water transmisston plpehnes prior to releasing 42 the project for b~ds was $1 3 mdhon He stated since there was some addmonal work added to 43 th~s to address USACOE review comments, the removal of the existing wetlands on USACOE 44 property, and to add a screening device on the 60qnch raw water supply line, staff increased the 45 funding for the project in the FY 2002 C~ to $1 5 million Fisher explained that the negotiated 46 change order would likely fall below the CIP budget but would like to rewew the itemized 47 breakdown from the contractor first, assuming the Public Utlhty Board and Cay Council 48 supported the approach of using a change order rather than a bid process for this work Fisher 49 added that the total amount of the change order would be between 2 5 and 4% of the original 50 contract amount 9 1 2 One Board member strongly objected to a change order in this amount and suggested that it 3 m~ght be, outside the scope of the original contract Fisher responded that the work was part of 4 the original scope of services incorporated into the contract agreement with the englneenng 5 consultant, Freese and Nichols, Inc but was removed from the bid documents due to the 6 uncertmnt~es of the pipeline routing on the USACOE property and the wetlands mitigation 7 issues Several Board members stated that they did not want to establish a precedence of using 8 a change order approach on projects in place of a bidding process and advised staff to avoid 9 these situations in the future 10 11 Smith asked why the Board and City Council weren't apprised of the s~tuatlon when it became 12 evident Fisher explained that untlally there were a lot of unknowns with respect to how the 13 raw water pipeline routing and wetland issues would be resolved with the USACOE and the 14 main focus leading up to the time of b~ddmg was keeping the mmn water plant construction 15 contract on schedule Staff thought they could address these issues when more facts became 16 available Fisher smd that originally he had intended to include the hne ~n the transmission 17 pipeline project but was willing to reconsider this approach when the englneenng consultant 18 suggested that the change order process offered advantages to the City that the bidding process 19 d~d not Fisher apologized for not keeping the Board better informed 20 21 Chairman Norton asked the Board to vote on a recommendation for staff to negotiate a change 22 order with Archer Western, with a full understanding that change orders of this magnitude will 23 not be a standard business practice without Board or Council authorization 24 25 Board members Jim Wilson, Charldean Newell, Dick Norton, White and Smith voted in 26 favor, with strong concerns raised regarding the amount of the change order and the laek 27 of commumeation w~th the Pabhe Utilities Board Board members Hopkins and Cheek 28 voted against. The Public Utilities Board recommended approval by a vote of 5-2 29 30 31 32 33 9) Adjournment. 34 35 There being no further busmess the meeting adjourned at 11 25 a m 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 EXHIBIT III lo CITY OF DENTON CITY COUNCIL MINUTES %~ ~,aa Itttnl.~ November 12, 2001 a~ __~/~ The City of Denton City Co~cll held ~ Info~m~onal Briefing Session on Monday, November 12, 2001 at 5 30 p m in the Co~ml Work Session Room at City Hall PRESENT Mayor Brock, Mayor Pro Tern Beasley, Councd Members B~oughs, Fulton, McNedl, Phillips ~d Re.on ABSENT None The Co.mi received a repo~, held a dlscussmn, and gave staff d~rectlon regarding the draft Development Code Doug Powell, Director of Plying ~d Developmem stated ~m there were four outstanding issues ~om the prior meeting on the Development Code (1) environmentally sensitive meas ~d related ~ssues in the ET J, (2) outst~d~ng Plying ~d Zoning Commission recommendm~ons thru were not reflected ~n the &afl code, (3) multl-fmdy concen~mlons ~d (4) mapping issues Councd discussed the pros ~d cons to having the code reqmrements for env~romenmlly sensitive ~eas extend into the ETJ Consensus of the Council was to include the flood plain areas in the ETJ in the ESA Co.mi discussed ~d developed a consensus on the issues hsted ~n Attac~ent 3 of the agenda back-up maten~s plus the multl-fmdy concentrations issue Staff would lnco¢orate the direction g~ven by the Councd on each issue Mapping issues were not discussed at this meeting 2 The Co.cd did not meet in a Closed Meeting dunng this session W~th no fu~her business, the meeting was adjourned at 8 40 p m EUL1NE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES November 13, 2001 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, November 13, 2001 at 5 15 p m in the City of Denton Council Work Session Room PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Fulton, McNedl, Phillips and Redmon ABSENT None 1 The Council considered the following in Closed Meeting A Consultation w~th Attorney - Under TEXAS GOVERNMENT CODE Section 551 071 (1) Considered and discussed possible settlement of litigation styled Mumctpal Admlnlstratlve Servtces, Inc v City of Denton, Cause No 99- 50263-367, on appeal from the 367th District Court of Denton County, Texas Special Called Session of the City of Denton City Council on Tuesday, November 13, 2001 at 6 00 p m in the Work Session Room at City Hall 1 The Council considered adoption of an ordinance amending Ordinance No 2001-135 of the City of Denton, Texas, amending the procedures for adoption of the Denton Development Code, a comprehensive rewrite of the City of Denton's development regulations pursuant to Texas Local Government Code §211 006 to provide for notice and a joint public heanng between the Planning and Zoning Commission and the Denton City Councd, and providing for an effective date The following ordinance was considered NO 2001-434 AN ORDINANCE AMENDING ORDiNANCE NO 2001-135 OF THE CITY OF DENTON, TEXAS, AMENDING THE PROCEDURES FOR ADOPTION OF THE DENTON DEVELOPMENT CODE, A COMPREHENSIVE REWRITE OF THE CITY OF DENTON'S DEVELOPMENT REGULATIONS PURSUANT TO TEXAS LOCAL GOVERNMENT CODE §211 006 TO PROVIDE FOR NOTICE AND A JOINT PUBLIC HEARING BETWEEN THE PLANNING AND ZONING COMMISSION AND THE DENTON CITY COUNCIL, AND PROVIDING FOR AN EFFECTIVE DATE Burroughs motioned, Beasley seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNelll "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye" Motion earned unanimously City of Denton City Council M~nutes November 13, 2001 Page 2 Following the completion of the Specml Called Session, the Council convened ~nto a Work Session 1 The Cotmcfl received a report, held a dlscussmn, and gave staff d~rectmn regarding the draft Development Code Joyce Pool spoke to the Council regarding the draft Development Code She urged the Council to hold adequate public heanngs on the proposal so that the meetings d~d not run very late, as people would not stay at the meeting flit were very late Doug Powell, D~rector of Plannmg and Development, stated that there was one outstanding issue dealing w~th mapping ~ssues Attachment 5 ~n the agenda back-up materials outhned the outstanding mapping issues Council d~scussed and determined by consensus the outstan&ng mapping ~ssues as noted ~n the attachment 2 New Business There were no ~tems of New Business suggested by Council W~th no further bus~ness, the meeting was adjourned EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS C~ty of Denton City Councal Minutes November 13, 2001 Page 3 THE DENTON DEVELOPMENT CODE PUBLIC COMMENT REMAINING ISSUES AND COMPREHENSIVE PLAN AMENDMENTS- 11-13-2001 CITY OF DENTON, TEXAS MAP Issues 1 Th~s Is currently the Surrounding land Change to NR-4 Denton Optimist Club use pattern only on North Elm Currently ustlfles an zoned SF-7 Future increase to NR-4 Zoning NR-3 Would tike higher zoning classff~catton to NRMU- 12 2 481 Razor Property on 1-35 H~gher density Leave as is on the Currently zoned A other than map and proposed zoning proposed by to NCMU and NCR-6 staff can only be Impodant property supported w~th a Trustee asked Council master plan to look at a higher ~ntenslty of zoning No specific d~strlct was requested 3 498 Duncan Street to Smith Staff Change the block to Street Current zoning recommends th~s EC-I wffh the exception ~s C, proposed zoning area be moved of the single family ~s DC-G Uses should to an residences to NR-3 be ~n Employment Employment Center Area Th~s center with the block should be exception of the examined by Council housing along Smith Street to the north This change w~ll require a comprehensive )lan amendment City of Denton City Cotmml M~nutes November 13, 2001 Page 4 4 ~roperfles on Bonnie Th~s area ~s w~th~n Leave the same as on Brae south of the the Urbanizing the map H~ckory Creek Area as defined watershed Currently by the zoned A, proposed comprehensive zoning ~s NCR-4 and alan NCR-4 ~s RD-5 P&Z s~m~lar to recommended th~s surrounding land area be zoned to use patterns ~ural D~stnct due to lack of road connechv~ty Property owners request to be taken to h~gher dens~ty (NCR-4) 5 512 Current zoning is MF-1 Staff Agree with staff Proposed zoning is recommends th~s change th~s area to NRMU-12 Property change NRMU owner would like th~s property to be reclassified as NRMU 6 528 Current building was The proposed NR- Consensus was to used as daycare 3 zoning leave as NR-3 Current zoning ~s MF-1 des~gnahon is a Area was classified as reflechon of the NR-3 by previous surrounding council Owners are resldenhal looking for h~gher neighborhood intensity zoning (CM- Professional G) to allow office use offices are not appropnate ~n an existing neighborhood land use area Staff does not recommend any changes to the zoning 7 543 Carruthers Oil Staff Consensus was to Company on Ft Worth recommends no change from CM-G to Dnve would be in non- change Special CM-E compliance with the exception CM-G classification Drowslons w~il Current zoning IS LI allow ex,sting uses Asking for higher to conhnue d~stnct Would be covered by special C~ty of Denton Caty Council M~nutes November 13, 2001 Page 5 ause 8 578 Sherman Drive Proposed zoning Leave the same and property behind P~ggly ~s appropnate modify L(I 1 ) Wiggly Currently due to adjacent zoned SF-7 Proposed res~denhal uses zoning ~s NR-3 Asking for NRMU from NR-3 9 585 Property currently Proposed zoning Leave the same as on zoned MF-1, changed ~s appropnate the map to NR-3 by councd due to adJacent request w~th Houston residential uses Place Neighborhood Requests h~gher dens~ty zoning classification 10 135 Owner requests Staff Leave the same as on CommundyM~xed Use recommends no the map Center and change Neighborhood Center Recommends on approximately 250 apphcant acres Current zoning following is A Proposed zoning ~s rezonlng EC-I and NCR-2 3rocedures to Would require a faclldate comprehensive plan neighborhood amendment nvolvement and allow for an in depth analys~s 11 None Council has approved Staff Change this area to recent rezon~ngs ~n this recommends EC~I area Trans~hon area revising the from Indusfnal to comprehensive Residential plan to allow employment center along US 380 and Oeeshng 12 591 Expansion of Staff Leave th~s area the businesses along recommends no same as on the map Woodrow Lane back change into neighborhood Proposed zoning Ex,sting zoning IS SF-7 is appropriate Proposed zoning IS NR- due to adjacent 3 Would require a resldenhaJ uses comprehensive plan amendment C~ty of Denton C~ty Councd M~nutes November 13, 2001 Page 6 13 Current zoning ~s MF-1 Proposed zoning Leave th~s area the Prewous Council ~s appropriate same as on the map recommended th~s due to adjacent area be zoned to NR- residential uses 3 DAHC requests th~s property be rezoned back to comparable d~stnct to MF-1 14 644 Request for block of Proposed zoning Leave the same as on P~erce, Pralne, ~s appropnate the map Highland be rezoned due to adjacent from DR~1 to DR-2 res~denhal uses Current zoning ~s 2F Proposed zanlng ~s DR- 1 1,5 None P&Z requests Council Staff Leave the same as on to examine the land recommends no the map uses and compahb~hty change ~ssues for th~s area Area ts located west of H~nkle Dnve, opposite of Good Samantan 1 6 None P&Z requests Council Staff Change th~s area to to examine the land recommends th~s NCR-4 uses and compatibility area be revised ~ssues for th~s area to NCR-2 Area ~s along 377 north of H~lls of Argyle Currently zoned A, proposed zoning NCR- 12 17 None P&Z requests Council Staff Leave the same as on to examine the land recommends a the map uses and compaflb~hty small area plan ~ssues for this area be considered for Area along Elm and this area Locust north of Un,versify 18 384 Property owner of Staff Staff to find way to Center Point Mobile recommends prowde SUP for Home Community maintaining northern half of requests from EC-C to employment property, then revert NCR-6 Currently center zoning area to EC-C zoned LI w~th a SUP Special excephon and : mobile home SUP I addresses exlshng C~ty of Denton C~ty Councd M~nutes November 13, 2001 Page 7 use Residential zoning ~s not appropnate for th~s area 19 532 Skyfab requires Staff Change th~s area to mdustnal zoning ~n a recommends IC-E Neighborhood Center conhnuance of area Currently zoned IC-E zoning for LI, proposed IC-E adjacent ~ndustnally used land 20 None Ft Worth Dnve, Tractor Sfaff Change this area to Dealer requests recommends this CM-E changing zoning from change CM-G to CM-E 21 128 Currently zoned LI Staff The map had already Requests area from lC- recommends th~s been changed fo E to IC-G change reflect Staff's recommendations The consensus was fo confirm the map and staff's recommendahon 22 166 Acme Bnck requires Staff The map had already extending the IC-G recommends th~s been changed to area to clay pdt area change reflect Staff's recommendahons The consensus was to confirm the map and staff's recommendahon 23 374 West side of Ft Worth Staff The map had already Dnve from a mixture of recommends th~s been changed to Employment, change reflect Staff's Jndustnah Community recommendations The M~xed Use to consensus was to Employment and confirm the map and Jndustnal Centers staff's recommendahon 24 None East s~de of Ft Worth Staff The map had already Dnve requests from recommends th~s been changed to Commumty M~xed Use change reflect Staff's to Employment recommendahons The Center consensus was to confirm the map and staff's recommendahon CITY OF DENTON CITY COUNCIL MINUTES November 27, 2001 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, November 27, 2001 at 5 15 p m in the City of Denton Council Work Session Room PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Fulton, MeNefll, Phflhps, and Redmon ABSENT None 1 The Council considered the following in Closed Meeting A Dehberatlons regarding real property---Under TEXAS GOVERNMENT CODE Section 272 001 and Consultation with the City Attorney---Under TEXAS GOVERNMENT CODE Section 272 001 (1) Deliberated the purchase and value of real property interests for drainage purposes in the B B B & C R R Survey, Abstract No 186 and being an approximate 1 16 acre tract located in the City of Denton, Denton County, Texas, located about 420 feet south of the intersection of Windsor Drive & North Locust Street, east side of road, which acquisition is for a public purpose Received legal advise from the City Attorney or his staff concerning legal issues regarding the acqulsmon of such real property interest B Deliberations regarding economic development negotiations--Under TEXAS GOVERNMENT CODE Section 551 086 (1) Discussed and deliberated regarding commercial or financial information that the City Council has received from Denton Crossing Partners, Inc, a business prospect with whom the City Council is conducting economic development negotiations regarding the location of businesses in the City on an approximate 52 acre parcel of land generally located at the southwest comer of Loop 288 and Spencer Road and the deliberation of an offer of a financial or other incentive to such business prospect C Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551 071 (1) Dxscussed and considered strategy, status, and possible settlement of litigation with the City's attomeys in litigation styled Ctty of Denton, et al v TXU Electrw Company, et al, Cause No 009383 currently pending in the 134th District Court of Dallas County, Texas, and discussed legal issues concerning this litigation with the attorneys where to discuss these matters in public would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas City of Denton C~ty Council Minutes November 27, 2001 Page 2 Regular Meeting of the City of Denton City Council on Tuesday, November 27, 2001 at 6 00 p m ~n the Council Chambers at C~ty Hall 1 Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U S and Texas flags PROCLAMATIONS/PRESENTATIONS 2 The Mayor presented the following proclamations A World Aids Day was presented to Doreen Rue, Aids Services of Denton B Pohce Appreciation Day was presented to Captain Paul Abbott of the Denton Pohce Department and Assistant C~ty Manager Jon Fortune 3 City Manager Conduff presented recogmt~on of staff accomphshments CITIZEN REPORTS 4 Petemla Washington regarding perseverance and perceptions of the Council Ms Washington was not present at the meeting 5 Ross Melton regarding Mumclpal Court Mr Melton was not present at the meeting CONSENT AGENDA Council Member McNefll asked for corrections to the minutes On the October 23 minutes, he stated that on page 3 under New Business on the item on the efficiency study, he had requested that we move forward with it On the October 30 minutes, he stated that on page I In the last paragraph the general consensus of the council was that a portion of the ESA standards should be applied to the City's ETJ On the November 5 minutes, he asked that they be amended to read, "Cotmcfl Member McNefll left the meeting at 1 15 p m" Council Member Beasley requested that Item #25 be pulled and considered at the December 4 meeting Burroughs motioned, Redmon seconded to postpone Item #25 until December 4 On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNelll "aye", Phillips "aye", and Redmon "aye" Mayor Brock abstained Motion camed 6-0 Burroughs motioned, Redmon seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item #25 On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Phllhps "aye", Redmon "aye", and Mayor Brock "aye" Motion camed unanimously City of Denton Cgy Council Minutes November 27, 2001 Page 3 6 Approved the minutes of October 23, October 30, November 5, and November 6, 2001 7 Approved a request for an exception to the No,se Ordinance for the purpose of a holiday celebration/neighborhood block party to be held on December 8, 2001 between the hours of 5 PM and 9 PM at the 3100 block of Old North Road to the comer of Old North and Windsor g NO 2001-435 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND THE CITY OF PONDER, TEXAS, 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 9 NO 2001-436 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON,T EXAS, AND THE CITY OF ROANOKE, TEXAS, 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 l0 NO 2001-437 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COLTNTY 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 ll NO 2001-438 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE EMERGENCY PURCHASE OF SECURITY FENCING IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 101196 TO HURRICANE FENCE CO IN THE AMOUNT OF $27,702) 12 NO R2001-070 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED RETAINED EARNINGS OF THE WASTEWATER FUND WITH REVENUE BONDS TO THAT A PROJECT APPROVED IN THE 2000- 2001 CAPITAL IMPROVEMENT BUDGET MAY BE COMMENCED, AND C~ty of Denton C~ty Councd M~nutes November 27, 2001 Page 4 PROVIDING AN EFFECTIVE DATE (PROJECT - $7,000,000 00 FOR WASTEWATER PLANT EXPANSION 13 NO 2001-439 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE PECAN CREEK WATER RECLAMATION PLANT EXPANSION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2734 - PECAN CREEK WATER RECLAMATION PLANT EXPANSION AWARDED TO ARCHER WESTERN CONTRACTORS, LTD, IN THE AMOUNT OF $16,930,000) 14 NO 2001-440 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ISBELL ENGINEERING GROUP, INC FOR MATERIAL TESTING SERVICES RELATED TO THE PECAN CREEK WATER RECLAMATION PLANT EXPANSION PROJECT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE 15 NO 2001-441 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A BASKETBALL COURT AT NORTH LAKES PARK, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2739 - NORTH LAKES BASKETBALL COURT AWARDED TO JONES AND JEFFREY CONSTRUCTION, INC IN THE AMOUNT OF $34,044) 16 NO 2001-442 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF 138 KVA POLE MOUNTED SWITCHES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2743 - 138 KVA SWITCHES AWARDED TO UTILISERVE HIGH VOLTAGE GROUP IN THE AMOUNT OF $77,471 64) 17 NO 2001-443 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF PAD MOUNT 3 PHASE CAPACITOR BANKS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2745 - 3 PHASE CAPACITOR BANKS AWARDED TO TECHLINE, INC IN THE ESTIMATED AMOUNT OF $200,000) City of Demon City Councd Minutes November 27, 2001 Page 5 18 NO 2001-444 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIAL AND EQUIPMENT FOR THE INDUSTRIAL STREET SUBSTATION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2746 - INDUSTRIAL STREET SUBSTATION AWARDED TO UT1LISERVE HIGH VOLTAGE GROUP IN THE AMOUNT OF $251,622) 19 NO 2001-445 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF TRAFFIC SIGNAL MASTS, ARMS, AND POLES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2752 - TRAFFIC SIGNAL MASTS, ARMS AND POLES AWARDED TO PELCO PRODUCTS, INC IN THE ESTIMATED TOTAL AMOUNT OF $285,000) 20 NO 2001-446 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF TRAFFIC SIGNALS AND RELATED HARDWARE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2751 - TRAFFIC SIGNALS AND RELATED HARDWARE AWARDED AS LISTED IN THE ESTIMATED AMOUNT OF $202,000) 21 NO 2001-447 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 28- 27 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE ADOPTION OF THE 2000 INTERNATIONAL BUILDING CODE, 2000 INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS, 2000 INTERNATIONAL FUEL GAS CODE, 2000 INTERNATIONAL PLUMBING CODE, 2000 INTERNATIONAL MECHANICAL CODE, AND THE 2000 INTERNATIONAL ENERGY CONSERVATION CODE, ALL PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, PROVIDING FOR AMENDMENTS THERETO, PROVIDING FOR A SEVERABILITY CLAUSE, REPEALING ALL ORDINANCES IN CONFLICT THEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE 22 NO 2001-448 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 28 "BUILDING AND BUILDING REGULATIONS" BY AMENDING SECTION 28- 28(9)b, TABLE 2 NEW COMMERCIAL BUILDING PERMIT FEES, PROVIDING FOR THE REPEAL OF ALL ORDINANCES THAT CONFLICT HEREWITH, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR PENALTY FOR VIOLATION OF A FINE NOT TO EXCEED City of Denton C~ty Council M~nutes November 27, 2001 Page 6 $2,00000, PROVIDING FOR PUBLICATION, AND PROVIDING FOR AN EFFECTIVE DATE 23 NO 2001-449 AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION SO THAT A PROJECT MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS ORDINANCE MAY BE COMMENCED, DECLARING AN EMERGENCY AND AMENDING THE 2001-2002 CAPITAL IMPROVEMENT BUDGET TO ALLOW THE FUNDING FOR THE SPENCER ROAD AND 1-35/BRINKER ROAD RAMP, AND PROVIDING AN EFFECTIVE DATE 24 NO 2001-450 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS ("ASCAP") TO PROVIDE A LICENSE TO PERFORM PUBLICLY ON PREMISES, EVENTS AND FUNCTIONS NON-DRAMATIC RENDITIONS OF SEPARATE MUSICAL COMPOSITIONS IN THE ASCAP REPERTORY, AND PROVIDING AN EFFECTIVE DATE 25 Th~s ~tem was not considered INDIVIDUAL CONSIDERATION/PUBLIC HEARINGS 26 Masch Branch Road Annexation a The Council considered adoption of an ordinance on second reading to ~nvoluntardy annex appmmmately 32 acres of land generally located along Masch Branch Road, south of Hampton Road and north of H~ghway 380, ~n the extraterntor~al jurisdiction (ETJ) of the C~ty of Denton The Planmng and Zomng Commission recommended approval (6-0) (AOl-O004) Doug Powell, D~rector of Planmng and Development, presented the details of the case as noted ~n the agenda materials The following ~nd~wduals spoke concermng this ~tem Latham Jones, 2327 Lovers Lane, Krum, spoke ~n support Dale Yeatts, 2001 Lanatt Road, Denton, 76207, spoke ~n support Patnma Adams, 1710 Westminster, Denton, 76201, spoke ~n opposition The following Comment Cards were presented Margaret McNeil, 2018 Larmt Road - support Aden McNeil, 2018 Lariat Road - support Ke~th Brlggs, 2006 Lariat Road - opposed City of Denton city Council Minutes November 27, 2001 Page 7 Mildred Bnggs, 2006 Lariat Road - opposed Beasley motioned, Fulton seconded to postpone annexation tmtfl December 1 g, 2001 Phillips motioned, Beasley seconded to amend the motion to postpone the annexation until December 4, 2001 On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye" Motion earned unanimously b The Council held a public hearing and considered adoption of an ordinance zoning approximately 32 acres of land generally located along Masch Branch Road, south of Hampton Road and north of Highway 380 to the Agriculture (A) zomng district classification The Planning and Zoning Commission recommended approval (5-1) (ZOl-O005) The Mayor opened the public heanng The following individual spoke dunng the public hearing Dale Yeatts, 2001 Lariat Road, Denton, spoke in support Burroughs motioned, Beasley seconded to continue the public hearing to December 4, 2001 On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phflhps "aye", Redmon "aye", and Mayor Brock "aye" Motion earned unanimously 27 Hunter Ranch Annexation a The Council considered adoption of an ordinance on second reading to voluntardy annex approximately 2,194 acres of land generally located south of FM 2449, west of Interstate H~ghway 35W, north of Robson Ranch Road and partially east of the Robson Ranch Development and John Paine Road in the City of Denton Extraterritorial Jurisdiction The Planning and Zoning Commission recommended approval (7-0) (AOl-O005) The following ordinance was considered NO 2001-451 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 2,194 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED SOUTH OF FM 2449, WEST OF 1-35 WEST, NORTH OF ROBSON RANCH ROAD AND PARTIALLY EAST OF THE ROBSON RANCH DEVELOPMENT AND JOHN PAINE ROAD E PIZANO SURVEY, ABSTRACT NUMBER 994, THE G PETTINGALE SURVEY, ABSTRACT NUMBER 1041, THE J TAFT SURVEY, ABSTRACT NUMBER 1269, THE B B B & C RR SURVEY, ABSTRACT NUMBER 158, THE S PRITCHETT SURVEY, ABSTRACT NUMBER 1021, THE G WEST SURVEY, ABSTRACT NUMBER 1393, THE J DALTON SURVEY, ABSTRACT NUMBER 353, AND THE S PRITCHETT SURVEY, ABSTRACT NUMBER 1004, AND THE I BYERLY SURVEY, ABSTRACT NUMBER 1458, AND THE J DALTON SURVEY, ABSTRACT NUMBER 353 AND ALSO BEING A PART OF A TRACT OF LAND C~ty of Denton City Council Minutes November 27, 2001 Page 8 CONVEYED TO PETRUS INVESTMENT, L P BY DEED AS RECORDED BY COUNTY CLERK'S FILE NUMBER 99-0117450, TRACTS I & III, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING A PART OF A TRACT OF LAND CONVEYED TO GELIA ESTES COLEMAN BY DEED AS RECORDED BY COUNTY CLERK'S FILE NUMBER 00-0000573, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE (A-01-0005) Burroughs motioned, Beasley seconded to approve the ordinance On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Phflhps "aye", Redmon "aye", and Mayor Brock "aye" MoUon carried unammously b The Cotmcfl held a pubh¢ heanng and considered adoption of an ordinance zomng approximately 2,194 acres of land generally located south of FM 2449, west of Interstate H~ghway 35W, north of Robson Ranch Road and partmlly east of the Robson Ranch Development and John Paine Road to the Agriculture (A) zomng dlstrmt classification Gas wells were proposed The Planmng and Zomng Commission recommended approval (7-0) (ZO l-O008) The Mayor opened the pubhc heanng The following ~ndlvldual spoke dunng the pubhc hearing Allison EIko, 1717 Mmn Street, Suite 2800, Dallas, spoke m support The Mayor closed the pubhc hearing The following ordinance was considered NO 2001-452 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF LAND, COMPRISING APPROXIMATELY 2,194 ACRES IN THE CITY OF DENTON TO THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION, THE TRACT BEING GENERALLY LOCATED SOUTH OF FM 2449, WEST OF 1-35 WEST, NORTH OF ROBSON RANCH ROAD AND PARTIALLY EAST OF THE ROBSON RANCH DEVELOPMENT AND JOHN PAINE ROAD, IN THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION, PROVIDING A PENALTY CLAUSE AND AN EFFECTIVE DATE (Z01-0008) McNefll motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Phflbps "aye", Redmon "aye", and Mayor Brock "aye" Motion camed unammously Mayor Brock asked Mayor Pro Tem Beasley to preside over the meeting as her voice was g~wng out C~ty of Denton City Council M~nutes November 27, 2001 Page 9 PUBLIC HEARINGS 28 The Council held a public heanng to eonmder amending Ordinance 2001-191, which defined the zomng d~stnet classffieatmn of the proposed Knollwood Villas multffamfly housing development and places condit~ons on ~ts construction The approximately 22-acre property was located on the south s~de of McKmney Street, approximately 1000 feet west of Loop 288 It was m a Multffamfly conditmned (MF- 1 Ici) zomng d~stnct The purpose of the proposed amendment was to alter required transportation improvements The Planmng and Zomng Commission recommended approval (6-0) (ZPOI-O006, Knollwood Villas) Doug Powell, Director of Planning and Development, presented the details of the case as noted m the agenda materials The Mayor Pro Tern opened the pubhe hearing The following individual spoke dunng the pubhc hearing Allen Bussell, 1668 Amanda Court, Ponder, support The Mayor Pro Tem closed the public hearing The following ordmance was considered NO 2001-453 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CONDITION SIX (6) OF ORDINANCE NO 2001-191 REGARDING CERTAIN REQUIRED TRANSPORTATION IMPROVEMENTS FOR APPROXIMATELY 22 ACRES OF LAND ZONED MULTI-FAMILY CONDITIONED (MF[C]) AND LOCATED ON THE SOUTH SIDE OF LOOP 288 APPROXIMAYELY 1000 FEET WEST OF LOOP 288, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (ZP01-0006) Redmon motioned, Fulton seconded to approve the most recent version of the ordinance that amended Condition 6 as recommended by the Legal Department On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye" Motion carried unammously ITEMS FOR INDIVIDUAL CONSIDERATION 29 The Council considered adoption of an ordinance establishing an economic development program under Chapter 380 of the Local Government Code for making grants ofpubhc money to promote economic development and to stimulate business activity in the City of Denton, approving an economic development program grant agreement with Denton Crossing Partners, Ltd regarding the development of an approximate 52 acre parcel of land located at the southwest comer of Loop 288 and Spencer Road, authorizing the expenditure of funds therefor, and providing an effective date C~ty of Denton City Council M~nutes November 27, 2001 Page 10 Lmda Rathff, D~rector of Economic Development, stated that the estimated annual sales tax revenue 1;o be generated by th~s project was $1 95 mdhon Th~s estimate was based on projected sales of $130 m~lhon The grant agreement would allow the C~ty to reimburse one-half of one percent of the sales tax generated by the project over a 15-year period To qualify for the sales tax reimbursement, the apphcant would be reqmred to construct a m~mmum of 350,000 square feet of retad/conunem~al space Pock Woolfolk, representing the DISD, spoke ~n favor A comment card was submitted from Mehssa Glasgow, m support The following ordinance was considered NO 2001-454 AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT PROGRAM UNDER CHAPTER 380 OF THE LOCAL GOVERNMENT CODE FOR MAKING GRANTS OF PUBLIC MONEY TO PROMOTE ECONOMIC DEVELOPMENT AND TO STIMULATE BUSINESS ACTIVITY IN THE CITY OF DENTON, APPROVING AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH DENTON CROSSING PARTNERS, LTD, REGARDING THE DEVELOPMENT OF AN APPROXIMATE 52 ACRE PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF LOOP 288 AND SPENCER ROAD, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE Burroughs motioned, Fulton seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Phflhps "aye", Redmon "aye", and Mayor Brock "aye" Morton carried unammously 30 The Councd considered and took action on a request for relief from the Residential Interim Zomng Regulatmns, Ordinance 2000-046 for approximately 244 acres generally located on e~ther s~de of Loop 288 north of M~ngo Road, south of King's Row, east of Old North Road and west of Cooper Creek Road The property was ~n an Agricultural (A) and One-family Dwelhng (SF-7 and SF-10) zomng districts A planned development contmmng a variety of s~ngle family, multffamlly, retml, office and commercml uses was proposed (RR-OI-O009, Wtndsor Oaks) The following md~wduals spoke concerning th~s ~tem Gene Price, 725 Ch~solm Trml, Denton, spoke ~n favor Wade Ldhe, 3800 Deer Forest, spoke in favor but expressed concems w~th the connector streets Brock motioned, Burroughs seconded to deny adoption of the ordinance On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNedl "aye", Phflhps "nay", Redmon "nay", and Mayor Brock"aye" Motion camed w~th a 5-2 vote C~ty of Deuton C~ty Courted M~nutes November 27, 2001 Page 11 Mayor Brock left the meeting with a potenttal conflict of ~nterest 31 The Council considered adoption of an ordinance on third reading granting to TXU Gas D~stnbutlon, a dav~s~on of TXU Gas Company, ~ts successors and assigns, a franchise to furnish, transport and supply gas to the general pubhc ~n the City of Denton, Denton County, Texas, for the transporting, dehvery, sale, and d~stnbutlon of gas ~n, out of, and through smd mumc~pallty for all purposes, providing for the payment of a fee or charge for the use of the streets, alleys, and pubhc ways, repeahng all prewous gas franchise ordinances and ordinances ~n conflict herewith, prowd~ng that it shall be m heu of other fees and charges, excepting ad valorem taxes, prescribing the terms, conditions, obhgat~ons and hm~tat~ons under whmh such franchise shall be exercised, prowdmg a sawngs clause, a severablhty clause, and an effective date City Attorney Prouty recommended that Council postpone consideration of the ordinance uutd the December 18th meettng m order for the Legal Department to continue working on the language relating to the gas rate at the Spencer plant Burroughs motioned, McNedl seconded to postpone cons~deranon tmt~l the December 18th meeting On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNelll "aye", Phdhps "aye", and Redmon "aye" Motion carned unammously Mayor Brock returned to the meeting 32 The Counml considered nommatmns and appointments to the C~ty's Boards and Commissions Council Member Burroughs nominated Rudy Moreno to the L~brary Board Burroughs motioned, Beasley seconded to suspend the rules and vote on the nomination at th~s meeting On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Ph~lhps "aye", Redmon "aye", and Mayor Brock "aye" Motion camed unammously Burroughs motioned, Beasley seconded to approve the nom~natmn On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Phflhps "aye", Redmon "aye", and Mayor Brock "aye" Motion earned tmammously 33 New Bus~ness There were no ~tems of New Business suggested by Councd 34 Items from the City Manager City Manager Conduff d~d not have any ~tems for Council 35 There was no continuation of Closed Meeting under Sectmns 551 071-551 086 of the Texas Open Meetangs Act 36 There was no officml action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act City of Denton C~ty Counml M~nutes November 27, 2001 Page 12 With no further bus~ness, the meeting was adjourned at 8 03 p m EUL1NE BROCK, MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASST CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES December 4, 2001 Work Session of the City of Denton City Council on Tuesday, December 4, 2001 at 5 00 p m in the Council Work Session Room at City Hall PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Fulton, McNelll, Phillips, and Redmon ABSENT None 1 The Council received a report and held a discussion with Leadership Denton Council and Leadership Denton members discussed issues relative to the City of Denton Regular Meeting of the City of Denton City Council on Tuesday, December 4, 2001 at 6 00 p m in the Council Chambers at City Hall Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegmnce to the U S and Texas flags PRESENTATIONS 2 The Council received an update from County Commissioner Jim Carter regarding county issues Commissioner Carter stated that the county would be increasing taxes by 2 cents The County and C~ty would continue to work towards an agreement relative to regulations ~n the extraterritorial junsdmtlon 3 Recognition of staff accomphshments Assistant C~ty Manager Dave Hill presented recogmt~on of staff accomplishments CITIZEN REPORTS 4 Eric Hoffiand regarding wastewater treatment fee for new Denton residents and general utility concerns Mr Hoffiand stated that he had a concern regarding the wastewater treatment fee for new Denton residents He felt ~t was unfmr on how the fee was determined especially for those residents ~n apartments 5 Ross Melton regarding Denton Municipal Court Mr Melton stated he was still concerned about the regulations deahng w~th Municipal Court and the access individuals had to court records C~ty of Denton C~ty Council Minutes December 4, 2001 Page 2 CONSENT AGENDA Mayor Brock pulled Item # 16 for separate cons~deratmn McN¢fll motioned, Beaslcy seconded to approve the Consent Agenda and accompanying ordinances w~th the exceptmn of Item #16 On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Phflhps "aye", Redmon "aye", and Mayor Brock "aye" Motmn carried unammously 6 Approved a tax refund to Wflham & Cathenne Comer in the amount of $902 84 The 2000 property tax was prod twine 7 NO 2001-455 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND MILDRED M COCKRELL RELATING TO THE PURCHASE OF APPROXIMATELY 1 16 ACRES OF LAND BEING A TRACT CONVEYED TO JUDD D COCKRELL AND WIFE, MILDRED M COCKRELL BY DEED RECORDED 1N VOLUME 343, PAGE 432 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, LOCATED IN THE B B B & CRR SURVEY, ABSTRACT NO 186, FOR USE AS DRAINAGE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE 8 NO 2001-456 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE NORTHWEST SERVICE AREA ELEVATED STORAGE TANK, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2721 - CONSTRUCTION OF THE NORTHWEST SERVICE AREA ELEVATED STORAGE TANK AWARDED TO LANDMARK STRUCTURES I, L P, IN THE AMOUNT OF $1,418,700) 9 NO 2001-457 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF 69KV TRANSMISSION POLES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2753 - SPENCER/WOODROW TRANSMISSION POLES TO THOMAS & BETTS CORPORATION, IN THE AMOUNT OF $230,902) 10 NO 2001-458 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF SEL PROTECTIVE RELAYS AND DEVICES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2759 - ANNUAL CONTRACT C~ty of Demon C~ty Collncll Minutes December 4, 2001 Page 3 FOR SEL RELAYS AWARDED TO SCHWEITZER ENGINEERING LABORATORIES, INC, 1N THE ESTIMATED AMOUNT OF $502,755) 11 NO 2001-459 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIAL AND EQUIPMENT FOR THE WOODROW SUBSTATION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2760 - WOODROW SUBSTATION AWARDED TO UTILISERVE HIGH VOLTAGE GROUP IN THE AMOUNT OF $242,764) 12 NO 2001-460 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ETTL ENGINEERS & CONSULTANTS, INC FOR HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES PERTAINING TO THE CITY OF DENTON LANDFILL (MSW PERMIT NO 1590A), AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (PSA 2771 - ETTL ENGINEERS AND CONSULTANTS, INC IN THE AMOUNT NOT TO EXCEED $39,676 24) 13 NO 2001-461 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE POST-IMPLEMENTATION SUPPORT, BETWEEN THE CITY OF DENTON, TEXAS AND ACCESS TECHNOLOGIES, INC, TO BE PAID FROM PREVIOUSLY BUDGETED FUNDS IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY-SIX THOUSAND SIX HUNDRED AND FIFTY DOLLARS ($256,650), AND PROVIDING AN EFFECTIVE DATE (PSA 2772 - ATI, INC IN THE AMOUNT NOT TO EXCEED $256,650) 14 NO 2001-462 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE QUARTERLY PAYMENTS OF THE SOLID WASTE SURCHARGE, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 101497 TO TNRCC IN THE AMOUNT OF $143,750) 15 NO 2001-463 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO THE CONSTRUCTION OF IMPROVEMENTS C~ty of Denton Caty Council Minutes December 4, 2001 Page 4 AT THE DENTON MUNICIPAL AIRPORT, AND DECLARING AN EFFECTIVE DATE 17 NO 2001-464 AN ORDINANCE APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE PLANTING OF AN EASTERN RED CEDAR TREE AT THE BAYLESS-SELBY MUSEUM, AND DECLARING AN EFFECTIVE DATE Mayor Brock left the meeting with a conflict of interest Council considered Item #16 City Attorney Prouty pulled the ~tem from consideration as the agreement was not finalized at the t~me of the meeting Burroughs motioned, McNelll seconded to postpone consideration of the ~tem until the Dec 18th Cotmcil meeting On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNelll "aye", Ph~lhps "aye", and Redmon "aye" Motion carried unammously Mayor Brock returned to the meeting PUBLIC HEARINGS 18 The Council held a joint pubhc hearing of the City Council and thc Planning and Zoning Commlssmn for the purpose of considenng public input to the proposed Denton Development Code and thc rezomng of all property within the city limits of the City of Denton pursuant to the Denton Plan 1999-2020 and the proposed Denton Development Code Bcasley motioned, McNedl seconded to suspend the rules and limit speaker time to 3 minutes per person On roll vote, Bcasley "aye", Burroughs "aye", Fulton "aye", McNmll "aye", Phillips "aye", Rcdmon "aye", and Mayor Brock "aye" Motion carried unammously The Mayor opened the public hearing The following individuals spoke during the public hearing Norma and Gene Gamble, 2201-2205 North Bonnie Brae, Denton, 76202 Ed Mather, 1806 Concord Lane, Denton, 76205 Gerald Brooks, 1500 Park Lane, Pilot Point, 76258 Dalton Allen, 111 Lexington, Denton, 76205 Paul Spmn, 2740 Fuller Wiser, Euless Roland Vela, 729 Rldgecrest Circle, Denton, 76205 Marty Rivers, 2000 Whitefish Court, Denton, 76210 Wllma Haggard, 1900 South Mayhlll Road, Denton, 76208 Jason Marshall, 1201 Elm Street, Dallas, 76201 Jim Griffin, 19130 Creek Drive, Dallas, 75252 C~ty of Denton Cxty Council M~nutes December 4, 2001 Page 5 ChffRedmg, 211 Woodrow Lane, Denton, 76205 Chris Watts, 2006 Jasmine, Denton, 76205 Ed Soph, 1620 V~ctona Drive, Denton, 76204 Lan Jeffnes, H~ghway 377, Denton Larry Calvert, 1101 Thomas, Denton, 76201 Craig Colhns, 4700 Upper Glenwlek Court, Argyle, 76226 Howard Compton, 901 Mare Street, Dallas, 76202 Jane Provo, Denton Affordable Housing Corporation Dan Fette, 2708 Glenwood, Denton, 76209 Ann Kelsey, 206 Radgecrest C~rcle, Denton, 76205 D~ck Kelsey, 206 lhdgecrest C~rcle, Denton, 76205 Weldon Burgoon, 6562 (3rlssom Road, Denton, 76208 Kay Wilkinson, 1825 Tnmty Road, Denton, 76208 Susan Shndharam, 2405 Texas Drive, Irving, 75062 Carol Haesle, 4701 Upper Glenw~ck, Argyle, 76226 M~chael Ge~sler, 8235 Douglas Avenue, Dallas, 75225 V~cka Lynn Somers, 11636 St John, Pilot Point, 76258 Rhea MeNett, 5842 Blagg Road, Denton, 76208 Dewayne Reeder, 413 Bronco C~rele, Denton, 76208 Fred Gossett, 3635 Serendipity Trml, Connth, 76210 Don Fraz~er, 1740 Westminster, Denton, 76205 Guy Chet, 2221 Overlook Lane, Denton, 76207 J~m Vogelsang, 1805 Warwick Crescent Circle, Argyle Alan Bussell, 1668 Amanda Court, Ponder, 76259 Edwan O Fulton, 729 Greenwood, Denton Larry McGehee, 2001 ChnsUna Court, Denton, 76226 Bill Rmney, 2894 Cooper Creek Road, Denton, 76208 Douglas Haskins, 1405 M~styhollow, Denton, 76209 Todd D Kurr, 3020 Oaksh~re, Denton, 76209 Shelly Hattan, P O Box 48116, Watauga, 76148 Karen M~tchell, 7823 9 Mile Bridge Road, Ft Worth, 76135 Betty Kealy, 5213 Gaehe, Denton, 76208 R Eric Fullerton, 3015 N Bonme Brae, Denton, 76207 Ed Wolskl, 2301 Hollyhfll, Denton, 76205 Randy Smith, 829 Tealwood, Flower Mound, 75028 Rebecca Gmmngs, 223 East L~berty, Pilot Point, 76258 Khosrow Sadeghmn, P O Box 2451, Coppell, 75019 Zeke Martin, 1712 South Bonme Brae, Denton, 76207 Stephen G Knmtt, 611 Fort Worth, Denton, 76201 JeffKrueger, 3905 Deer Forest, Denton, 76208 Colleen F~sher, 3106 Seunts, Denton, 76209 Gene Price, 725 Chisholm Trail, Denton, 76209 Judith Harden, 1906 McCorm~ck, Denton The Mayor closed the pubhc heanng City of Denton City Council Minutes December 4, 2001 Page 6 19 The Council held a pubhe heanng and considered adopting by resoluuon the Denla Neighborhood Small Area Plan The Demi Neighborhood Plan area covered apprommately 936 acres an southwest Denton The Plan area was bounded by 1-35 E to the north, Fort Worth Drive to the east, Roselawn Drive to the south, and Bonnie Brae to the west The Planning and Zoning Commission recommended approval (6-0) with condmons (SAOI-O003) Dedra Ragland, Small Area Planning Manager, presented the detmls of the plan as noted in the agenda materials The Mayor opened the public heanng The following individuals spoke during the pubhc hearing Carol Brantley, 2106 McConmck, Denton, 76205 - favor Sara Bryant, 1500 Kendolph, Denton, 76205 - favor Gerry Veeder, 1721 Wisteria, Denton, 76205 -favor Ira DeFoor, 1407 Kendolph, Denton, 76205 G & G Tractor, 1230 Ft Worth Drive, Denton, 76205 - opposed The Mayor closed the pubhc hearing The following resolution was considered NO R2001-071 A RESOLUTION ADOPTING THE DENIA NEIGHBORHOOD SMALL AREA PLAN FOR RECOMMENDATIONS AND IMPLEMENTATION ACTIONS FOR AREA IMPROVEMENTS AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Redmon seconded to approve the resolution with the observation that the plan might be overlapping in some areas Members of the small area plan would work with the businesses along Fort Worth Drive regarding inclusion an the plan On roll vote, Beasley "aye", Burroughs "aye", Fulton "nay", MeNefll "aye", Phflhps "aye", Redmon "aye", and Mayor Brock "aye" Motion camed with a 6-1 vote 20 The Council held a public hearing to consider an ordinance amending Chapter 35, Zoning, of the Code of the City of Denton, Texas, relating to gas well development The Planning and Zoning Commission recommended approval (6-1, Kelth opposed) (SIOI-O011, Gas Well Zomng Code) Larry Re~chhart, Assistant D~rector of Planmng and Development, stated that gas wells would be allowed by right in industrml and agricultural zoning districts if certain criteria were met If those criteria were not met, a special use permit would be required per the requirements in Section 35-504 in the ordinance The Mayor opened the pubhc heanng C~ty of Denton City Councd Manutes December 4, 2001 Page 7 The following ~ndawduals spoke dunng the pubhc heanng Jay Ewmg, M~tchell Energy - favor Blll Plnhall, Devhn Energy - favor Bill Stevens, P O Box 2332, Abfiene, 79605 - favor Larry McGehee, 2001 Christina Court, Denton, 76226 - favor J~m Vogelgesang, 1805 Warwick Crescent C~rcle, Denton 76226 - opposed Chris Mellberg, 1900 Warwick Crescent Court, Denton, 76226 - opposed Cre~g Colhns, 4700 Upper Colenwlck Court, Argyle, 76226 - opposed Ike Shupe, 1717 Mann Street, Dallas- favor Barbara Powell, Hills of Argyle - opposed Chris Walwert, Hills of Argyle - opposed The following individuals submitted Comment Cards Carol and Dawd Haesle, 4701 Upper Glenwmk Court, Argyle, 76226 - opposed John and Wend~e Hanne, 4601 Upper Glenwmk Court, Argyle, 76226 - opposed The Mayor closed the pubhc hearing The following ordmance was conmdered NO 2001-465 AN ORDINANCE AMENDING CHAPTER 35, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ADDING ARTICLE XII, REGULATING THE DRILLING AND PRODUCTION OF GAS WELLS WITHIN THE CITY, PROVIDING A PENALTY NOT TO EXCEED $2,000 FOR EACH VIOLATION, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR PUBLICATION, PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, PROVIDING A CUMULATIVE CLAUSE, AND PROVIDING AN EFFECTIVE DATE Burroughs motioned, Beasley seconded to approve the ordinance as amended by the proposed conditions On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNe~ll "aye", Phdhps "aye", Redmon "aye", and Mayor Brock "aye" Motion carried unammously 21 The Cotmcfl held a pubhc heanng to consider an ordinance amending Chapter 34, Subdivision and Land Development Regulations of the Code of the C~ty of Denton, Texas, to add regtllatmns relating to gas well development The Plarmlng and Zoning Commission recommended approval (5-0-1, Ke~th abstanned) (SIOI-O011, Gas Well -Subdtvtston Ordinance) Larry Remhhart, Assistant D~rector of Planning and Development, stated the ordinance would add prows~ons for gas well development plats to govern the platting and development of gas wells w~thln the corporate hmlts C~ty of Denton C~ty Council M~nutes December 4, 2001 Page 8 The Mayor opened the pubhe heanng No one spoke dunng the public hearing The Mayor closed the pubhc heanng The following ordinance was considered NO 2001-466 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 34, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF DENTON, TEXAS, SECTION 34, DEVELOPMENT PLATS BY ADDING SECTION 34-34 (D), GAS WELL DEVELOPMENT PLATS TO REGULATE GAS WELL DEVELOPMENT IN THE CORPORATE LIMITS OR WITHIN DIVISION 1 OF THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON, TEXAS, PROVIDING A PENALTY NOT TO EXCEED $2,000 FOR EACH VIOLATION, AND PROVIDING AN EFFECTIVE DATE Burroughs motioned, McNefll seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Phflhps "aye", Redmon "aye", and Mayor Brock "aye" Motion earned unammously 22 The Council held a pubhc heanng and considered an ordinance amending Chapter 35, Zomng, of the Code of the City of Denton, Texas, Section 35, D~vls~on 2 Use Regulations, by adding Section 35-79, Oil and Gas Dnlhng and Productmn by Right on Municipal Land The Planmng and Zomng Commission recommended denial (5-1, Ke~th opposed) (SIOI-O011, Gas Well -Exempttng the Cl~y) Larry Re~chhart, Assistant D~rector of Planmng and Development, stated that a supermajonty vote by Counml would be needed to approve th~s ordinance as the Planmng and Zomng Commission had recommended demal The Mayor opened the pubhc hearing No one spoke dunng the public heanng The Mayor closed the pubhc hearing McNelll motioned, Phflhps seconded to deny approval of the ordinance Beasley motioned, Burroughs seconded to return the ~tem to the Planning and Zoning Commission for a more thorough ~nvest~gat~on of the legal ramfficat~ons of the ordinance On roll vote, Beasley "aye", Burroughs "aye", Fulton "nay", McNelll "aye", Phflhps "aye", Redmon "aye", and Mayor Brock "aye" Motion camed w~th a 6-1 vote C~ty of Denton City Council Minutes December 4, 2001 Page 9 INDIVIDUAL CONSIDERATION/PUBLIC HEARINGS 23 Masch Branch Road Annexation a The Council considered adoption of an ordinance approving restrictive covenants between the City of Denton, JVC Partners, Inc and Marriott Rentals, Inc pertmmng to an agreement in lieu of annexation for Lot 2, Block 1 of the Marriott Gardens Addition, located in the extraterritorial jurisdiction of the City of Denton and being generally located along Masch Branch Road, south of Hampton Road and north of Highway 380, and providing an effective date Patnma Adams, representing J R Marriott, spoke in favor of the ordinance Comment cards were received from the following individuals Mike Mlzel, 800 Edgewood, Denton, 76205 - favor Lurlene and Erie Mayo, 3913 Hampton, Denton, 76207 - favor E R Milner, 4001 Hampton, Denton, 762-7 - favor Dale Yeatts, 2001 Lanot Road, Denton, 76207 Philip Neeley, 2225 Lovers Lane, Krum, 76249 Natalie Rlegelman, 3819 Hampton, Denton, 76207 - favor The following ordinance was considered NO 2001-467 AN ORDINANCE APPROVING RESTRICTIVE COVENANTS BETWEEN THE CITY OF DENTON, JVC PARTNERS, INC AND MARRIOTT RENTALS, INC PERTAINING TO AN AGREEMENT IN LIEU OF ANNEXATION FOR LOT 2, BLOCK 1 OF THE MARRIOTT GARDENS ADDITION, LOCATED IN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON AND BEING GENERALLY LOCATED ALONG MASCH BRANCH ROAD, SOUTH OF HAMPTON ROAD AND NORTH OF HIGHWAY 380, AND PROVIDING AN EFFECTIVE DATE Burroughs motioned, Fulton seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Phllhps "aye", Redmon "aye", and Mayor Brock "aye" Motion carried unammously b The Council considered adoption of an ordinance on second reading to involuntarily annex approximately 32 acres of land generally located along Masch Branch Road, south of Hampton Road and north of Highway 380, in the extraterritorial jurisdiction (ET J) of the City of Denton The Plannlng and Zomng Commlssion recommended approval (6-0) (AOl-O004) Beasley motioned, Burroughs seconded to deny the annexation ordinance On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Phflhps "aye", Redmon "aye", and Mayor Brock "aye" Motion carried unammously C~ty of Denton City Council Minutes December 4, 2001 Page l0 c The Council did not continue a pubhc heanng nor consider adoption of an ordinance zoning approximately 32 acres of land generally located along Masch Branch Road, south of Hampton Road and north of Highway 380 to the Agriculture (A) zoning distract classfficat~on The Planning and Zoning Commission recommended approval (5-1) (ZOl-O005) ITEMS FOR INDIVIDUAL CONSIDERATION 24 The Council considered nominations and appointments to the City's Boards and Commissions There were no nominations or appointments made at the meeting 23 New Business The following item of New Business was suggested by Council for future agendas A Council Member MeNedl requested a work session regarding rental housing regulations 24 Items from the City Manager A Notffication of upcoming meetings and/or conferences B Clarification of items on the agenda C~ty Manager Conduff asked Council if a December 12tn work session would be needed ~n regards to the development code Consensus of the Council was to hold a work sessmn on that date 25 There was no contmuatmn of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 26 There was no official action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act W~th no further bus~ness, the meeting was adjourned at 12 m~dmght EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES December 11, 2001 After determlmng that a quorum was present, the C~ty Council convened in a Specml Called Session on Tuesday, December 11, 2001 at 6 00 p m ~n the Counml Work Session Room PRESENT Mayor Euhne Brock, Mayor Pro Tem Rom Beasley, Council Members Mark Burroughs, Jane Fulton, Perry McNedl, Mmhael Phdhps, and Raymond Redmon ABSENT None 1 The Council considered adoption of an ordinance of the C~ty of Denton, Texas authorizing the Mayor to execute a mutual release of all clmms ~n htigatlon styled Mumctpal Admtntstrattve Servtces, Inc v Ctty of Denton, Cause No 99-50263-367 Herb Prouty, C~ty Attorney, stated that the C~ty and Mumcipal Adm~mstrat~ve Services had agreed to a mutual release of all claims The following ordinance was considered NO 2001-468 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A MUTUAL RELEASE OF ALL CLAIMS IN LITIGATION STYLED MUNICIPAL ADMINISTRATIVE SERVICES, 1NC V CITY OF DENTON, CAUSE NO 99-50263-367, AND PROVIDING AN EFFECTIVE DATE Burroughs motioned, Beasley seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNedl "aye", Phllhps "aye", Redmon "aye", and Mayor Brock "aye" Motion earned unanimously Following the completion of the Special Called Session, the Counml convened into a Work Sessmn at which the following ~tems were considered 1 The Council received a report, held a d~scussmn, and gave staff dlrectmn regarding a comprehensive management study Betty Wdhams, Director of Management and Pubhc Information, stated that a management study would provide an independent evaluation of the current level of service and staffing along with ~dent~fymg changes and the financial ~mpact of those changes She stated that all departments, all non-utlhty departments, or individual departments could be included in the study The study could take s~x to seven months A representative of the Councd could be included ,on the Select~on Committee Fand~ng options were included ~n the backup Council Member Beasley asked if a comparison of other crees by department had been done as far as number of employees, expenditures, etc Council Member McNelll stated that he had requested this item ~n an effort to determine if anything,could be contracted out and ~fthere was a savings on ~t C~ty of Denton C~ty Council M~nutes December 11, 2001 Page 2 Council Member Phllhps asked ~f the City m general could be looked at and then address specific departments General consensus of the Council was to send out the Requst For Services Proposal for a Management Study of all non-ut~hty departments They could get a general overview from th~s and find out where the more in depth study needed to be done The Council requested a copy of the executive overview of the ut~hty management study done in 1997 Fulton motioned, Burroughs seconded to have Counc~lmember McNelll serve on the Select~on Committee 2 The Council received a report, held a d~scuss~on, and gave staff d~rect~on concerning the development of prorata fee charges for the ~nstallat~on of wastewater collection ~nfrastructure for City of Krum and the Vintage Development J~m Coulter, D~rector of Water and Wastewater, stated that the current ~mpact fees were estabhshed to recover capital expenditures by the C~ty of expansion/construction of water and wastewater treatment fac~htles Recent amendments to the Texas Local Government Code provided for a prorata fee mechanism for mumclpahtleS to recover ~nfrastrncture costs Coulter stated that w~th prorata fees, the C~ty could recover capital contributed towards overs~zmg of water/sewer hnes and hfi stations, constrnct~on of new water/sewer hnes, and ups~z~ng of ex~stlng hnes He stated that with the expansion of the wastewater treatment fac~ht~es, the c~ty would need to make substantial investments in the wastewater collection system ~nfrastructure to convey h~gher flows resulting from growth ~n the C~ty P S Arora, Assistant D~rector of Wastewater, hr~efed the Council on the Krum wholesale wastewater agreement He stated that staff had been working w~th the C~ty of Krum and estimated the total cost of the proposed sewer hne at 3 2 mllhon dollars Krnm's ~art~al contribution would be I 4 m~lhon dollars Arora hr~efed the Councd on proposed and future sewer service for the Roark Branch Sewershed He presented three options to the Council Roark Branch Interceptor $750,000, Vintage L~fi Station $775,000, Oversize L~fi Station $3 m~lllon Consensus of the Council was to proceed w~th staff's recommendations 3 The Council received a report, and held a d~scusslon regarding the City of Denton cable telews~on franchise renewal with Charter Communications John Cabrales, Pubhc Information Officer, stated that the current franchise agreement would expire ~n November 2003 Two processes could be followed m negotiating a franchise renewal formal and ~nformal Charter had submitted written notice to commence renewal process Cabrales stated that there were two stages involved ~n the renewal process The first stage revolved identifying the future cable related needs of the commumty and rewewlng comphance C~ty of Denton C~ty Counml Minutes December 11, 2001 Page 3 of the franchise by the cable company The second stage ~nvolved the C~ty's consideration of a specffic proposal for renewal Also, the City must renew or prehm~nardy deny the renewal request w~thln four months of receipt of proposal Staff recommended the formation of a stakeholders task force to seek ~nput from the commumty and the formation ora C~ty of Denton task force The Council asked if staff could provide information on where customers could file complmnts w~th their Congressional representative and how to contact the FCC Council Member Redmon asked how many customers used basic cable He also wanted to know what our option would be to purchase the cable hnes ~fthe franchise was not renewed Mayor Brock requested mformat~on on the recent trends of cable customers and wanted to know what was our alternative ~n broadcasting if there was no cable franchise 4 There was no Officml Action on Closed Meeting Item(s) under Sectmns 551 071- 551 086 of the Texas Open Meetings Act 5 New Bus~ness Council Member McNelll asked that we have a proclamation at the next councd meeting for UNT's football team Councd Member Phdhps asked for a proclamation for the Ryan Rmders Council Member Ph~lhps wanted to know what the status was of our nominees to the DCAD Board Council Member Redmon requested that we review the ~nfill pohcy W~th no further bus~ness, the meeting was adjourned at 8 20 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASST CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES December 12, 2001 The City of Denton City Council held an Informational Briefing Session on Wednesday, December 12, 2001 at 5 30 p m ~nthe Council Work Session Room at C~ty Hall PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Fulton, McNefll, Phflhps, and Redmon ABSENT None 1 The Council received a report, held a d~scussmn, and gave staff direction regarding the draft Development Code Doug Powell, Director of Planmng and Development, stated that there were mapping and text ~ssues that the Council needed to resolve at this meeting A chart with the outstanding text issues was given to Council for consideration The consensus of the Council on the issues was included ~n the minutes as an attachment Consensus of the Council regarding the mapping issues ~ncluded Map changes that would impact the Comprehensive Plan would not be done Map corrections would be done Changes with significant ~ntens~ty increases would not be done Intensity increase or decrease w~th~n 2 tiers would be considered by staff Consensus of the Council was that the text issues of the Code were complete 2 The Council d~d not meet in Closed Session With no further bus~ness, the meeting was adjourned at 9 15 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MiNUTES December 17, 2001 The City,of Danton C~ty Cotmml convened m a Work Sessmn on Monday, December 17, 2001 at 11 30 a m in the Council Work Session Room at C~ty Hall PRESENT Mayor Brock, Mayor Pro Tern Beasley, Cotmcll Members Burroughs, Fulton, McNedl, and Phdhps ABSENT Council Member Redmon 1 The Council continued a discussion and gave staff d~rectlon regarding City Council meeting structure and procedures Robert Hanna, Management Assistant, reviewed the comments made at the Council's prior meeting as noted m the agenda materials Comments from Council on procedures included Council Member McNedl suggested allocating a specffic amount of time for a pubhc hearing ~tem Mayor Pro Tern Beasley hked the three minute approach used at the last public heanng Council Member Burroughs suggested a shdlng scale for more complex ~ssues for the developer's presentation He also suggested additional time to address those types of ~ssues over and above a zoning issue Mayor Brock suggested that a developer send a written summary in the agenda backup rather than present all the ~nfonnatlon at the meeting Dave Hill stated that as the developers went through the Development Review committee, a consistent message could be g~ven to the developers to provide presentation raatenals to Counml in advance as well as the fact that they would have limited time during public hearing More presentation materials could be provided in advance by the developer City Manager Conduff stated that staff would look at what procedures other cities were using and put together a draft for Council to review Councd d~scussed the c~tlzen report aspect of the agenda with a consensus to not change the procedures for citizen reports at this point ~n time Council d~scussed the proposed meeting schedule for 2002 Council Member Redmonjo~ned the meeting at 12 noon City of Denton C~ty Council M~nutes December 17, 2001 Page 2 Consensus of the Cotmcd was to follow the staff recommendation for a change in the meeting t~me and procedure and to begin the new schedule m January 2 The Council received a report, held a discuss~on, and gave staff direction regarding expenditure of the council contingency funds Dottle Palumbo, Assistant City Attorney, reviewed the provisions of the legal constraints for the use of the contmgency funds Herb Prouty, City Attorney, stated that Council could follow the guldehnes presented and if a question arose, ask the Legal Department for an opinion as to whether the expenditure would be appropriate Council Member McNe~ll suggested a check-hst for organizations to follow when receiving the money City Manager Conduff stated that staff would devise a check-hst for the recipients to use that would include how long it would take to receive the money 3 The Council held a d~scussion and gave staff direction regarding staff assistance with public meetings Council Member Redmon felt that there were times when it was necessary to get facts out to the public regarding certain issues He felt that he had had problems getting assistance with the meetings he wanted to hold He wanted to have the C~ty in with his meetings so as to not position In the City as "bad" and help with the assistance of the meetings Council Member Burroughs felt that there was a line to draw between pubhc and political meetings He felt that ~f the meeting was advocating or tending to support an individual in a district for whatever reason that that was more personal than public and that was where the line was to be drawn The d~stmction between the two types of meetings was one meeting was to try and change people's m~nds or perspective versus an educational meeting on an issue If the meeting was an educational meeting, then it could be run by the City If it were run by an ~nd~vidual, it would not be a C~ty meeting If the meeting involved city business, then the City needed to run the meeting and not the lnd~wdual Mayor Brock felt that it needed to be a Councd decision rather than lndiwdual council member's decision on what constituted a city run meeting The publishing of information about a part of city would be helpful for citizens but Council needed to approve the process and not an individual Council Member McNe~ll stated that postage was part of the equation He suggested having money in budget for mml-outs for the council members C~ty of Denton Ctty Councd M~nutes December 17, 2001 Page 3 Council d~scussed the d~fferences between a pubhc meeting and a private meeting held by an ~nd~wdual Consensus of the Councd was that a pubhc meeting sponsored by the C~ty would be one held ~for broad subjects or targeted as an outreach of the C~ty as a whole Council members m~ght be present at such a meeting but the meetings would be held to g~ve out ~nformat~on from the Council as a whole and not an md~wdual C~ty Manager Conduff restated the Cotmcd consensus that ~f there was a perceived need for an educational session for the pubhc on an ~ssue or ~ssues, the Councd as a whole would authorize a c~ty sponsored meeting If a Council Member made a request that staff was uncomfortable w~th, staff would ask the entire Councd for d~rectmn 4 The Council received a report, held a d~scussmn, and gave staff d~rect~on regarding the Council 2002 meeting calendar Th~s ~tem was d~scussed w~th Item #1 W~th no further business, the meeting was adjourned 1 00 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES December 18, 2001 After detcrmlmng tha'~ a quorum was present and convening ~n an Open Meeting, the C~ty Cotmcd convened m a Closed Meetmg on Tuesday, December 18, 2001 at 5 00 p m m the Counml Work Session Room PRESENT Mayor Pro Tem Beasley, Cotmcd Members Burroughs, Fulton, and Phfihps ABSENT Mayor Brock, Councd Members McNefll and Redmon 1 The Counc~l considered the following m Closed MeeUng A Consultation w~th Attorney - Under TEXAS GOVERNMENT CODE Section 551 071 (1) D~scussed and considered strategy, status, and possible settlement of htlgatton w~th the C~ty's attorneys m ht~gat~on styled Ctty of Denton, et al v TXU Electrtc Company, et al, Cause No 009383 currently pending ~n the 134th D~stnct Court of Dallas County, Texas, and d~scussed legal ~ssues concerning th~s ht~gat~on w~th the attorneys where to d~scuss these matters ~n pubhc would conflmt w~th the duty of the C~ty's attorneys to the C~ty Council under the Texas D~sc~phnary Rules of Professmnal Conduct of the State Bar of Texas B Dehberat~ons regarding real property - Under TEXAS GOVERNMENT CODE Sectmn 551 072 (1) Dehberated the purchase and value of real property ~nterests of certmn real property comprising two tracts contmmng apprommately 10 868 acres of land, located ~n the C~ty of Denton, Denton County, Texas ~n the N Bntton Survey, Abstract No 51, being approximately 860 feet west of the lntersectmn of Montec~to Drive & Hmkory Creek Road, north s~de of road Regular Meeting of the C~ty of Denton C~ty Councd on Tuesday, December 18, 2001 at 6 00 p m ~n the Cotmcfl Chambers at C~ty Hall PRESENT Mayor Pro Tem Beasley, Council Members Burroughs, Fulton, and Phdhps ABSENT Mayor Brock, Councd Members McNedl and Redmon I Pledge of Allegiance The Cour~cfi and members of the audience recited the Pledge of Allegiance to the U S and Texas flags PROCLAMATIONS/PRESENTATIONS 2 Mayor Pro Tem Beasley presented the December Yard-of-the-Month Awards to City of Denton City Council Minutes DecembeX 18, 2001 Page 2 Veneitra Coleson Mack June and Barry Brownlee David and Alberta Caswell David and Donna Platt Danny and Sue Statues Paul Porter Lou and Louise Kraft Asbury Umted Methodist Church 3 Mayor Pro Tem Beasley presented a proclamation for UNT Mean Green 4 Beth Fleming presented an Achievement of Excellence in Procurement Award to City of Denton Purchasing Department 5 Alan Smith presented the State Risk Management Achievement Award to the Council and members of the staff 6 Recognition of staff accomplishments City Manager Conduff presented staff accomplishments to the Council and members of the audience CITIZEN REPORTS 7 Ross Melton regarding the Police Department stopping people without just cause Mr Melton felt that the Pohce Department had inappropriately stopped a relative without cause for questioning CONSENT AGENDA City Attorney Prouty requested that Item #26 be pulled from consideration Council Member Phillips requested to postpone consideration of Item//8 Fulton motioned, Burroughs seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items #8 and #26 On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", and Phllhps "aye" Motion carried unammously Burroughs motioned, Phillips seconded to postpone consideration of Item //8 and #26 until further clarification could be made on the items On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", and Phllhps "aye" Motion earned unammously 8 This item was postponed C~ty of Denton Clty Council M~nutes December 18, 2001 Page 3 9 NO 2001-469 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER iNTO AN INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY FOR LIBRARY SERVICES, AND PROVIDING AN EFFECTIVE DATE l0 NO 2001-470 AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE I 1 NO 2001-471 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON AREA TEACHERS CREDIT UNION, AUTHORIZING THE EXPENDITURE OF FUNDS, AND PROVIDING FOR AN EFFECTIVE DATE 12 NO 2001-472 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SUE BURT, AUTHORIZING THE EXPENDITURE OF FUNDS, AND PROVIDING FOR AN EFFECTIVE DATE 13 NO R2001-072 A RESOLUTION REVIEWING AND ADOPTING THE INVESTMENT POLICY FOR FUNDS FOR THE CITY OF DENTON, DESIGNATING AN INVESTMENT OFFICER, PROVIDING A SAVINGS AND REPEALING CLAUSE, AND PROVIDING AN EFFECTIVE DATE 14 Accepted the fiscal year 2000-2001 Annual Investment Report in accordance wah the Public Funds Investment Act 15 NO R2001-073 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE RETAINED EARNINGS OF THE ELECTRIC FUND WITH REVENUE BONDS SO THAT PROJECTS APPROVED IN THE 2001-2002 CAPITAL IMPROVEMENT BUDGET MAY BE COMMENCED, AND PROVIDING AN EFFECTIVE DATE (PROJECTS-S1,000,000 00 FOR ELECTRIC DISTRIBUTION PROJECTS AND $4,338,000 00 FOR ELECTRIC SUBSTATIONS PROJECTS) C~ty of Denton C~ty Councd Minutes December 18, 2001 Page 4 16 NO 2001-473 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P C, FOR LEGAL SERVICES PERTAINING TO REPRESENTATION OF THE CITY BEFORE THE PUBLIC UTILITIES COMMISSION OF TEXAS, IN THE AREAS OF PUBLIC UTILITY REGULATORY LAW AND ADMINISTRATIVE LAW, RESPECTING THE ACTIVITIES OF DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE 17 NO 2001-474 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENTS TO THE CY2001 AND CY2002-2004 AGREEMENTS BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE (CONVENTION AND VISITORS BUREAU) FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE, AND PROVIDING AN EFFECTIVE DATE 18 NO R2001-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE PROPOSAL OF THE DENTON CENTRAL APPRAISAL DISTRICT TO CONSTRUCT AN ADDITION TO ITS FACILITY OUT OF CURRENT FUNDS, PROVIDING THAT THIS RESOLUTION SHALL CREATE NO FINANCIAL OBLIGATIONS ON THE CITY OF DENTON, AND PROVIDING AN EFFECTIVE DATE 19 NO 2001-475 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES CONTAINED IN ORDINANCE NO 2001-337 FOR ELECTRIC SERVICE, CANCELING AND REPEALING THE ENERGYSAVE PROGRAM (SCHEDULE EP) EFFECTIVE JANUARY 1, 2002, PROVIDING FOR A REPEALER, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE 20 NO 2001-476 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE SHERMAN, PENNSYLVANIA, GREGG AND PONDER STREET PAVING PROJECTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2757 - SHERMAN, PENNSYLVANIA, GREGG AND PONDER STREET PAVING PROJECT AWARDED TO JAGOE PUBLIC COMPANY IN THE AMOUNT OF $870,823 05) City of Denton Clty Council Minutes December 18, 2001 Page 5 21 NO 2001-477 AN ORDINANCE ACCEPTING COMPETITIVE SEALED PROPOSALS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIAL, SUPPLIES OR SERVICES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (RFSP 2766 - EXCESS LIABILITY INSURANCE AWARDED TO NORTH RIVER INSURANCE COMPANY IN THE AMOUNT OF $179,000 FOR A ONE-YEAR CONTRACT PERIOD) 22 NO R2001-075 A RESOLUTION OF THE CITY OF DENTON TEXAS, APPROVING THE ELIGIBILITY OF THE STRUCTURE LOCATED AT 525 S LOCUST, DENTON, TEXAS, FOR TAX EXEMPTION FOR HISTORICALLY SIGNIFICANT SITES PURSUANT TO CHAPTER 10, ARTICLE VII CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A TAX EXEMPTION CERTIFICATE, AND DECLARING AN EFFECTIVE DATE (HISTORIC LANDMARK COMMISSION RECOMMENDS APPROVAL 6-0) 23 NO 2001-478 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A RIGHT-OF-WAY AGREEMENT WITH SOUTHWESTERN GAS PIPELINE INC, FOR A GAS PIPELINE LOCATED IN THE J MCDONALD SURVEY, ABSTRACT NO 1610, DENTON COUNTY, TEXAS, AUTHORIZING THE ACCEPTANCE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE 24 NO 2001-479 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND RANCH VENTURES, LTD RELATING TO THE PURCHASE OF TWO TRACTS COMPRISING APPROXIMATELY 10 868 ACRES OF LAND LOCATED IN THE N BRITTON SURVEY, ABSTRACT NO 51, FOR USE AS A PARK, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE 25 NO R2001-076 A RESOLUTION TO APPROVE CERTAIN MATTERS AS REQUIRED BY SECTION 147(F) OF THE INTERNAL REVENUE CODE IN CONNECTION WITH THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS BY THE ROMAN FOREST HIGHER EDUCATION FACILITIES CORPORATION FOR THE BENEFIT OF CATHOLIC DIOCESE OF FORT WORTH, AND PROVIDING AN EFFECTIVE DATE 26 This item was not considered City of Demon C~ty Cotmcd Minutes December 18, 2001 Page 6 PUBLIC HEARINGS 27 The Counml held a pubhc heanng and considered adoption of an ordinance rezonmg apprommately 13 2 acres from an Agricultural (A) zomng d~stnct to a One-Famdy Dwelling (SF-7) zoning district The property was generally located on the east s~de of Mockingbird Lane approximately 450 feet south of 1ts intersection w~th Audra Lane A s~ngle-famlly subd~wsion of approximately 55 homes was proposed The Planmng and Zoning Commission recommended approval w~th condltmns (5-0) (ZPOI-O037) The Mayor Pro Tem opened the pubhc hearing The following mdiwdual spoke dunng the public heanng Lee Alhson, Isabell Eng~neerlng - favor Council Member McNefll arnved at the meeting The Mayor Pro Tern closed the pubhe heanng The following ordinance was considered NO 2001-480 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AGRICULTUP,~L (A) ZONING DISTRiCT CLASSIFICATION AND USE DESIGNATION TO ONE-FAMILY DWELLING (SF- 7) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 13 2 ACRES OF LAND GENERALLY LOCATED ON THE EAST SIDE OF MOCKINGBIRD LANE APPROXIMATELY 450 FEET SOUTH OF ITS INTERSECTION WITH AUDRA LANE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z01-0037) Burroughs motioned, Phdhps seconded to adopt the ordinance w~th the condition recommended by the Planning and Zomng Commission On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNedl "aye', and Phflhps "aye" Motion carned unammously 28 The Council held a pubhc heanng and considered adoption of an ordinance allowing the negotmt~on of the best b~d for a contract for the mi and gas lease agreement at the Mumc~pal Airport m substantmlly the same form as B~d 2769, and prowdmg an effective date (Bid 2769 - O11 and Gas Lease Agreement, best b~d, Superior P&E LLC/Enexco, Inc ) Mark Nelson, Airport D~rector, stated that th~s pubhc hearing was reqmred by law as ~t dealt w~th the Municipal A~rport The ordinance would allow negot~atmns w~th Superior P&E for a contract for the od and gas lease agreement at the Mumc~pal A~rport C~ty of Denton C~ty Council Minutes December 18, 2001 Page 7 The Mayor Pro Tem opened the pubhc heanng No one spoke dunng the public hearing The Mayor closed the public heanng The following ordinance was considered NO 2001-481 AN ORDINANCE ALLOWING THE NEGOTIATION OF THE BEST BID FOR A CONTRACT FOR THE OIL AND GAS LEASE AGREEMENT AT THE MUNICIPAL AIRPORT IN SUBSTANTIALLY THE SAME FORM AS BID 2769, AND PROVIDING AN EFFECTIVE DATE (BID 2769 OIL AND GAS LEASE AGREEMENT AWARDED TO SUPERIOR P & E LLC/ENEXCO, INC ) Burroughs motioned, Phflhps seconded to adopt the orthnance On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", and Phflhps "aye" Motion carried unammously 29 The Council held a pubhc heanng and considered adoption of an ordinance accepting junsdmtlon of a complaint filed by Spencer Generating Company, L P (Spencer) against TXU Lone Star P~pehne (TXU) clmm~ng TXU ~s attempting to charge rates for gas utthty service to the Spencer Generating Statmn, making findings with respect to the complmnt filed by Spencer agmnst TXU for fmlure to prowde gas utility service on reasonable terms, ordering interim relief by requmng TXU to mmntmn gas utthty servme to the Spencer Generating Station under the emst~ng Agreement between TXU and Spencer without interruption after December 31, 2001, until a just and reasonable rate ~s established or until TXU and Spencer reach an agreement on a just and reasonable rate, ordering an ~nvest~gat~on to make sure that rates charged by TXU to Spencer Generating Company or other C~ty of Denton ~ndustnal ratepayers are not discriminatory or preferentml, authorizing the h~nng of rate consultants, prowd~ng for the recovery of rate expenses, providing a severabthty clause, and providing an effective date The Mayor Pro Tern opened the pubhc heanng The following lndlwduals spoke during the pubhc hearing James Trumutta, PG&E - favor Gaff Watk~ns, 815 Congress, Austin, 78701 - favor Autrey Warrens, 1601 Bryan Tower, Dallas, 75201 - opposed PG&E was allowed a 5 minute rebuttal Matt Henry, 1601 Bryan Tower, Dallas, 75201 PG&E was allowed another 5 m~nute rebuttal Dan Lawton, 12113 Roxy Drive, Austin, 78701 - city consultant Matt Henry agmn addressed the ~ssue The Mayor Pro Tem closed the pubhc heanng C~ty of Denton C~ty Council Manutes December 18, 2001 Page 8 Burroughs motioned, McNefll seconded to adjourn to Closed Session On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNe~ll "aye", and Ph~lhps "aye" Motion earned unammously Council adjourned into Closed Session at 7 25 p m Cotmcfl returned from Closed Session at 8 00 p m The following ordinance was considered NO 2001-482 AN ORDINANCE ACCEPTING JURISDICTION OF A COMPLAINT FILED BY SPENCER GENERATING COMPANY, L P (SPENCER) AGAINST TXU LONE STAR PIPELINE (TXU) CLAIMING TXU IS ATTEMPTING TO CHARGE RATES FOR GAS UTILITY SERVICE TO THE SPENCER GENERATING STATION, MAKING FINDINGS WITH RESPECT TO THE COMPLAINT FILED BY SPENCER AGAINST TXU FOR FAILURE TO PROVIDE GAS UTILITY SERVICE ON REASONABLE TERMS, ORDERING INTERIM RELIEF BY REQUIRING TXU TO MAINTAIN GAS UTILITY SERVICE TO THE SPENCER GENERATING STATION UNDER THE EXISTING AGREEMENT BETWEEN TXU AND SPENCER WITHOUT INTERRUPTION AFTER DECEMBER 31, 2001, UNTIL A JUST AND REASONABLE RATE IS ESTABLISHED OR UNTIL TXU AND SPENCER REACH AN AGREEMENT ON A JUST AND REASONABLE RATE, ORDERING AN INVESTIGATION TO MAKE SURE THAT RATES CHARGED BY TXU TO SPENCER GENERATING COMPANY OR OTHER CITY OF DENTON INDUSTRIAL RATEPAYERS ARE NOT DISCRIMINATORY OR PREFERENTIAL, AUTHORIZING THE HIRING OF RATE CONSULTANTS, PROVIDING FOR THE RECOVERY OF RATE EXPENSES, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE Burroughs motioned, McNefll seconded to adopt the ordinance On roll vote, Beasley "aye", Burrouglas "aye", Fulton "aye", McNefll "aye", and Phllhps "aye" Motion camed unammously ITEMS FOR INDIVIDUAL CONSIDERATION 30 The Cotmcfl considered adoption of an ordinance of the C~ty Councd of the C~ty of Denton, Texas, approving an amendment to the gmdehnes for the Rental Rehabilitation Program and ehglbfl~ty criteria, authorizing expenditures in excess of $15,000 for projects meeting program,gmdehnes and cnterm, and providing for an effective date The following ordinance was considered NO 2001-483 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING AN AMENDMENT TO THE GUIDELINES FOR THE RENTAL REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA, AUTHORIZING City of Denton C~ty Council M~nutes DecembOr 18, 2001 Page 9 EXPENDITURES 1N EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA, AND PROVIDING FOR AN EFFECTIVE DATE Fulton motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs"aye", Fulton "aye", MeNefil "aye", and Phflhps "aye" Motion carned tmammously 31 The Council considered adoption of an ordinance on third reading granting to TXU Gas Dlstrthut~on, a division of TXU Gas Company, ~ts successors and assigns, a franchise to furnish, transport and supply gas to the general public m the City of Denton, Denton County, Texas, for the transporting, delivery, sale, and d~stnbution of gas in, out of, and through said mtm~clpallty for all purposes, providing for the payment of a fee or charge for the use of the streets, alleys, and public ways, repealing all previous gas franchise ordinances and ordinances in conflict herewith; providing that ~t shall be m lieu of other fees and charges, excepting ad valorem taxes, prescribing the terms, condltaons, obhgatlons and limitations under which such franchise shall be exercised, providing a savings clause, a severablhty clause, and an effective date Herb Prouty, City Attorney, intimated that a revised version of the ordinance was at the Council tables He reviewed the outstanding issues remaining on the ordinance and lndmated that the City would help facilitate negotiations on the industrial franchises The following ordinance was considered NO 2001-484 AN ORDINANCE ON THIRD READING GRANTING TO TXU GAS DISTRIBUTION, A DIVISION OF TXU GAS COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO FURNISH, TRANSPORT AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, FOR THE TRANSPORTING, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID MUNICIPALITY FOR ALL PURPOSES, PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE STREETS, ALLEYS, AND PUBLIC WAYS, REPEALING ALL PREVIOUS GAS FRANCHISE ORDINANCES AND ORDINANCES IN CONFLICT HEREWITH, PROVIDING THAT IT SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES, PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATIONS UNDER WHICH SUCH FRANCHISE SHALL BE EXERCISED, PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE Fulton motioned, McNefll seconded to adopt the ordinance with an effective date of January 17, 2002 On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNelll "aye", and Phillips "aye" Motion carried unammously 32 The Council considered nominations and appointments to the City's Boards and Commissions There were no nominations/appointments made at this meeting C~ty of Denton CaW Councd M~nutes December 18, 2001 Page 10 33 New Business The following ~tems of New Bus~ness were suggested by Councd Members for future agendas A Council Member McNefll asked that staff for a memo regar&ng the synchromzat~on of the s~gnal hghts especmlly on Carroll and Umvers~ty B Council Member McNedl asked for a work session regarding the legal ramfficat~ons of the Comprehensive Plan and how ~t apphed to the Development Code C Councd Member McNefll asked for an analys~s on how much money could be saved ffthe County collected the mty taxes ~nstead of the c~ty 34 Items from the C~ty Manager City Manager Conduff d~d not have any ~tems for the Councd 35 There was no continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 36 There was no officml action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act W~th no further bus~ness, the meeting was adjourned at 8 15 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES December 19, 2001 Joint Meeting of the C~ty of Denton C~ty Council and the Denton Independent School District Board of Trustees on Wednesday, December 19, 2001 at 12 noon in the Board Room at the DISD Central Services Braiding, 1307 N Locust, Denton, Texas PRESENT Mayor Brock, Mayor Pro Tern Beasley, Cotmcd Members Burroughs, Fulton, McNefll, Phflhps, and Redmon ABSENT None 1 Mayor Brock called the meeting to order and announced a quorum 2 The Council received a report and held a d~scusslon regarding the Texas Instruments Facthty/UNT Norval Pohl, Pres~dent-UNT, stated that UNT had a space deficit and funding for new bmld~ngs would not be avmlable untd 2005 The Umvers~ty looked at the old Texas Instruments braiding for an expansion of the engineering programs The ~ntent would be to keep ownership of the land but have long-term leases on the property for the tax rolls 3 The Council received a report and held a discussion regarding the Aquatic Center Janet S~mpson, Assistant D~rector of Parks and Recreation, reviewed the background of the project and showed an update of Options A and B She presented a summary sheet on how to get from Option B to A Consensus of the Council and the Board was to find creative financing for Option A and to finahze the operating agreement as qmckly as possible 4 The Council received a report and held a d~scussmn regarding Emergency Management Plans Ross Chadwick, F~re Chief, stated that a joint preparation for emergencies was m progress and reviewed questions that were raised dunng a test emergency situation A task fome was developed to rewew procedures for joint operations during an emergency 5 The Council received a report and held a d~scusslon regarding Drmnage Fees J~m Coulter, Director of Water/Wastewater, reviewed the challenges with a drmnage fee and drmnage program The DISD had requested an exemptmn from the drainage fees as members of the ISD would be paying double fees The DISD requested that the C~ty consider exempting DISD property from the drainage fee C~ty of Denton C~ty Council M~nutes December 19, 2001 Page 2 6 The Council received a report and held a d~scuss~on regarding the Denton Crossing Development Dave Hill, Assistant C~ty Manager for Development Servmes, reviewed the revenue projections of the Denton Crossing project 7 The Council received a report and held a discussion regarding Mayhfll Road Dave Hill, Assistant C~ty Manager for Development Services, presented a major transportation projects update 8 W~th no further bus~ness, the meeting was adjourned at 2 45 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE' January 8, 2002 DEPARTMENT Utilities CM/DCM/ACM. Howard Martin, ACM/Utilities 349-8232 SUBJECT .AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING PARKING ON THE SOUTH SIDE OF WEST OAK STREET FROM ITS INTERSECTION WITH NORTH TEXAS BOULEVARD EAST FOR 100 FEET, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATIONS OF THIS ORDINANCE, PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION BACKGROUND Tlus request is from citizens who travel through the intersection and the owner of 2033 West Oak A four way stop s~gn was not warranted here The primary problem was large or tall vehicles blocking the hne of s~ght back to the east Some bushes were also removed to ~mprove the line of s~ght Students are parking m thru location to avoid paying parking fees to LINT The removal will not negatively affect the property owner who ns in agreement with the request OPTIONS 1 Approve Ordinance as Submitted 2 Deny the Ordinance 3 Table, Ask for Additional Information RECOMMENDATION Approve the Ordinance as Submitted ESTIMATED SCHEDULE OF PROJECT The signs will be up within 5 working days of approval by Council PRIOR ACTION/REVIEW {Councli~ Boards~ Commissions) Traffic Safety approved on October 1, 2001. FISCAL ~INFORMATION- Signs and labor will be less than $500 Respectfully submitted Howard Martin Assistant C~ty Manager for Utdltles Traffic ContFo! 801 Texas Street, Denton, TX 76201 (940) 349-8462 Fax (940) 349-7307 Memo To: Traffic Safety Committee From: Jack G R~chardson, Traffic Manager, Traffic Control Date: 09/24/2001 Re: Review and consider approval of No Parking Ordinance for the South slde of Oak Street In front of 2033 W Oak We have had several c~t~zen complaints about a hne of s~ght problem on Ave E at Oak Street Vehicles parking on the South s~de of Oak Street are block;ng wslon of drivers pulhng out of Ave I~ We have contacted the residence of 2033 W Oak about making ~t no parking ~n front of her house to clear a hne of s~ght Mrs Lynn Cagle agrees th~s would help the problem and requested th;s be considered Th;s ~s the only property owner affected by th;s request Therefore, we are requesting a no parking zone on the south s~de of West Oak Street beginning at the east curbhne where it intersects w;th Ave E continuing east 100 feet Staff recommends approval of the request to install this no parking area [] i 301~ 2o~ o o ?, · ' "--b NO PARKING ZONE ~ ON THE SOUTH SIDE OF WEST OAK STREET :127 2107 2101 i ~-~'~I tlCKOR¥ 2~17 111 , 2o01 ~ , . "~ , [ ---I N NO PARKING ORDINANCE SITE MAP ..~. I06 0 100 Feet GIS ENGINEERING DEPT , , CITY OF DENTON,TX -~fflc Safety Minutes - October 1,2001 age 7 of 10 ITEM #6 REVIEW AND CONSIDER APPROVAL OF A NO PARKING ORDINANCE FOR THE SOUTH SIDE OF OAK STREET IN FRONT OF 2033 WEST OAK STREET Clark sa~d th~s request ~s from several c~t~zens, pnmar~ly those working at UNT that travel back and forth on Avenue E They were confused by the fact that Avenue E and Hickory Street had a four- way stop, and Oak Street and Avenue E d~d not The four-way stop Is based on volumes A traffic study showed the four-way stop at Avenue E and H~ckory Street was warranted, but at Avenue E and Oak Street, ~t was not Staff personally observed the area and on Monday through Fnday when students are parking m the area, the vlsibll~ty rs poor, especially w~th tall vehicles parked on the street Staff has had bushes removed to ~mprove the vls~b~hty Staff spoke w~th the owner of 2033 West Oak Street, Mrs Lynn Cagle, and she ~s m favor of the No Parking Ordinance Staff recommends approval of No Park/nq on the south s/de of OaJc Street/n front of 2033 West Oak Street Phillips made a mobon to approve a No Parking Ordinance on the south side of Oak Street in front of 2033 West Oak Street Lesko seconded the motion The motion passed unanimously 4 OtLDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING PARKING ON THE SOUTH SIDE OF WEST OAK STREET FROM ITS INTERSECTION WITH NORTH TEXAS BOULEVARD EAST FOR 100 FEET, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATIONS OF THIS ORDINANCE, PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 When signs are erected glwng notme thereof, ~t shall be unlawful for any person at any tn-ne to stop, stand, park, or leave standing any vehicle on the south s~de of West Oak Street from Its intersection with North Texas Boulevard east for 100 feet SECTION 2 An mdlwdual adjudged gnflty of the provls~ons of tins orchnance shall be guilty of a mmdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200 00) ~ That tins ordinance shall be cumulative of all other ordinances of the City of Denton and shall not repeal any of the provisions of smd ordinances except m those instances where provisions of those ordinances are in d~rect conflict w~th the provlmons of tins ordinance SECTION 4 That ff any section, subsection, paragraph, sentence, clause, phrase or word m tins ordinance, or application thereof to any person or circumstance ~s held mvalld by any court of competent junsdmtmn, such holding shall not affect the vahd~ty of the remmnmg portions of tlus ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remmmng pomons despite any such mvahdlty SECTION 5 That ttus ordinance shall become effective fourteen (14) days from the date of Its passage, and the C~ty Secretary ~s hereby d~rected to cause the capnon of tins ordinance to be pubhshed twine in the Denton Kecord-Chromcle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date or,ts passage PASSED AND APPROVED this the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER. WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY AGENDA INFORMATION SHEET AGENDA DATE' January 8, 2002 DEPARTMENT: Utility Department CM/DCNUACM. Howard Martin, ACM/Utlbtles 349-8232 SUBJECT AN ORDI~.NIANCE SUPERCEDING AND REPEALING ORDINANCE NO 2001-228 TO INCREASE THE LENGTH OF THE LIBERTY CHRISTIAN SCHOOL'S SCHOOL ZONE BECAUSE THE SCHOOL HAS ACQUIRED ADDITIONAL PROPERTY, DESIGNATING A_ND ESTABLISHING A SCHOOL SAFETY SPEED ZONE, REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SAID SCHOOL SAFETY SPEED ZONE TO A SPEED FOUND TO BE REASONABLE AND SAFE BY THE ENGINEERING AND TRANSPORTATION DEPARTMENT INVESTIGATIONS FOR THE DESIGNATED HOURS, PROVIDING FOR SCHOOL BUS LOADING ZONES AT CERTAIN SCHOOLS, PROVDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200 00), PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR PUBLICATION, AND DECLARING AN EFFECTIVE DATE BACKGROUND Liberty Chnstmn School has purchased addmonal property for their campus This ordinance incorporates that frontage on Bonnie Brae into the school Zone The addltmnal length ~s 220' on the south end of the school OPTIONS 1 Approve the Ordinance as Submitted 2 Deny ordinance 3 Table-Ask for Additional Information RECOMMENDATION Approve the Ordinance as Submitted ESTIMATED SCHEDULE OF PROJECT The S~gns wall be moved w~th 5 working days of approval by C~ty Council PRIOR ACTION/REVIEW (Councfl~ Boards, Commissions) Traffic Safety approved on October 1, 2001 Minutes attached FISCAL~INFORlVIATION S~gns and Labor wxll be less than $500 Respectfully submitted Howard Martin Assistant C~ty Manager for Utlht~es Prepared by Jerry Clark, Asst Director of Streets, Drainage, & Traffic Trafftc Control 801 Texas Street, Denton, TX 76201 (940) 349-8462 Fax (940) 349-7307 Memorandum To: Traffic Safety Committee From: Jack G R~chardson, Traffic Manager, Traffic Control Date: 09/25/2001 Re: Review and consider approval of a change ~n the School Zone for Liberty Chnst~an School L~berty Chnsban School purchased the property to the South of the school and has requested we change the School Zone to include the new part of their campus The proposed school zone wdl be both d~rectlons of Bonme Brae from 500 feet north of where Bonnie Brae intersects the centerhne of Wdlowood to 1820 feet north of where Bonnie Brae intersects the centerhne of W~llowood Thebmeswdlremamfrom730am unbl900am and from300pm untd430pm school days Staff recommends approval of th~s request 2 CHANGE IN THE SCHOOL ZONE FOR LIBERTY CHRISTIAN SCHOOL NO PARKING ORDINANCE SITE MAP 300 0 300 Feet GIS ENGINEERING DEPT ~ , CITY OF DENTON,TX 3 Traffic Safety M~nutes - October 1,2001 Page 6 of 10 ITEM #5 REVIEW AND CONSIDER APPROVAL OF A CHANGE IN THE SCHOOL ZONE FOR LIBERTY CHRISTIAN SCHOOL Clark said Liberty Chrlsban School has purchased two additional lots They have added 220 feet to the school zone and would I~ke to make ~t match their property ownership Staff recommend$ approval of the change/n school zone Walters asked ~f there were any questions There were none Cheek made a motion to approve the additional footage for the school zone The school zone wlll be both dlrect~ons of Bonnie Brae from $00 feet north of where Bonnie Brae intersects the centerline of Willowwood Street to 1820 feet north of where Bonnte Brae ~ntersects the centerbne of Willowwood Street. Lesko seconded the motion The mobon passed unanlmously 4 ORDINANCE NO AN ORDINANCE SUPERCEDING AND REPEALING ORDINANCE NO 2001-228 TO INCREASE THE LENGTH OF THE LIBERTY CH2RISTIAN SCHOOL'S SCHOOL ZONE BECAUSE THE SCHOOL HAS ACQUIRED ADDITIONAL PROPERTY, DESIGNATING AND ESTABLISHING A SCHOOL SAFETY SPEED ZONE, REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SAID SCHOOL SAFETY SPEED ZONE TO A SPEED FOUND TO BE REASONABLE AND SAFE BY THE ENGINEERING AND TRANSPORTATION DEPARTMENT INVESTIGATIONS FOR THE DESIGNATED HOURS, PROVIDING FOR SCHOOL BUS LOADING ZONES AT CERTAIN SCHOOLS, PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($20000), PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR pLrBLICATION, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SIRCTTON 1 That based upon an Englneenng and TransportaUon Department mvesUgatlon heretofore made, as authorized by the provisions of Section 545 357 of the Transportatxon Code, V T C A, the prima faele speed lnmt of twenty (20) miles per hour for velucles is hereby deternuned and declared to be prima faele reasonable and safe, and such speed lmut as hereby fixed for vetucles traveling wattun the following described school zones A That the tune periods for the reduced speeds for the school zones described below shall be from 7 30 a m until 8 30 a m and from 2 30 p m until 3 30 p m on school days The location of school zones described below shall be as follows to-w~t 1 Borman Elementary School Both chrectlons of Parvm Street begmmng 50 feet east of where Parvln Street intersects the center line of McCormick Street to 100 feet east of where Parvm Street intersects the center line of Mercedes Street 2 Newton Rayzor Elementary School Both directions of Malone Street begunmng 50 feet north of where Malone Street intersects the center line of Cordell Street to 100 feet north of where Malone Street intersects the center line of Emery Street 3 Gnunngs Elementary School Both &rectxons of Smart Road beg~nmng 250 feet north of where Stuart Road ,ntersects the center 1me. of Imperial Drive to 175 feet north of where Stuart Road intersects the center line of Sun Valley Street Both d~rectlons of Sun Valley Drive from ~ts ~ntersectlon with Stuart Road to 200 feet east of 5 where Sun Vailey Drive intersects the center line of Yellowstone Place Both darectlons of Yellowstone Place begmmng 300 feet north of where Yellowstone Place intersects the center hne of Imperial Drive to the intersection of Sun Valley Drive and Yellowstone Place 4 Woodrow Wilson Elementary School Both chrectaons of Windsor Drive begmmng 275 feet west of where Windsor Drive intersects the center line of Bristol Street to 275 feet east of where Windsor Drive intersects the center line of Hanover Drive Both directions of Hanover Drive fi.om its intersection w~th Windsor Drive to 450 feet no~da- west of where Hanover Drive intersects the center line of Rockwood Lane Both (hrectaons of Emerson Lane begannng 150 feet east of where Emerson Lane intersects the center line of Glenwood Lane to 350 feet west of where Emerson Lane intersects the center hne of Rockwood Lane 5 Hodge Elementat~ School Both d~rectlons of Grant Parkway begmmng 380 feet northeast of where Grant Parkway intersects the center line of Deerwood Parkway to the intersection of Farns Road and Grant Parkway Both directions of Farns Road fi.om its intersection w~th Sflverdome Road to 200 feet north of where Farns Road intersects the center hne of Grant Parkway 6 Robert E Lee Elementary School Both directions of Ptusley Street begmmng 475 feet west of where Parsley Street intersects the center line of Mack Drive to the mtersectmn of Mack Drive and Parsley Street Both dlrectaons of Mack Drive fi.om its intersection with Double Oak Street to the mtei'seclaon of Pmsley Street and Mack Drive 7 McNatr Elementary Both d~rectlons of Hackory Creek Road beg~mnng 765 feet west of where H~ckory Creek Road intersects the center line of Monteclto Drive to 430 feet east of where Hickory Creek Road intersects the center line of Monteclto Drive Both d~reetmns of Monteclto Drive fi.om ~ts ~ntersectlon w~th H~ckory Creek Road south for 682 feet 6 8 Evers Elementary Both d~rectlons of Evers Parkway begmmng 305 feet south of where Evers Parkway intersects the center hne of Gardenwew Street to 50 feet south of where Evers Parkway ~ntersects the center hne of Robbxe-O Street Both d~rectxons of Cobblestone Row fi:om as ~ntersectlon w~th Evers Parkway to 170 feet east of where Cobblestone Row intersects the center hne of Ashcroi~ Lane 9 Sulhvan Keller Elementary Both dnrect~ons of Wood Street beginning 230 feet south of where Wood Street intersects the center line of Daws Street to 300 feet north of where Wood Street ~ntersects the center lme of Daws Street Both &rectlons of Ruddell Street beginning 230 feet south of where Ruddell Street intersects the center line of Daws Street to 300 feet north of where Ruddell Street intersects the center 1 ~ of Daws Street Both chrectmns of Daws Street from ~ts mtersecUon w~th Wood Street to the ~ntersecUon of Ruddell Street and Daws Street 10 Fred Moore Center Both drreetmns of Mill Street begmmng 150 feet west of where Mill Street intersects the center hne of Cross Trmber Street to 100 feet west of where Mill Street xntersects the center line of Wye Street Both d~recttons of Wye Street begmmng 150 feet west of where Wye Street intersects the center line of Cross T~mber Street to the intersection of Mall Street and Wye Street Both d~reet~ons of Cross T~mber Street fi:om tts ~ntersectmn w~th Wye Street to the mtersectaon of M~ll Street and Cross Timber Street 11 Tomas Pdvera Elementary Both d~rectlons of Newton Street beginning 200 feet north of where Newton Street intersects the center line of Morse Street to 225 feet north of where Newton Street ~ntersects w~th the center line of Wilson Street 12 Wayne Ryan Elementary School Both &rect~ons on Ryan Road beg~nmng 500 feet west of the intersection of Creekdaie Drive and Ryan Road and contmmng east for 2071 feet to a point 500 feet east of the mtersectmn of Forrestndge Drive and Ryan Road ? B That the time periods for reduced speeds for school zones described below shall be from 7 30 a m until 8 30 a m and from 3 30 p m until 4 30 p m on school days The location of school zones descnbed below shall be as follows, to-wit 1 Stnckland Middle School Both directions of Windsor Drive beginning 560 feet east of where Windsor drive intersects the center line of Locust Street to 225 feet east of where Windsor Drive intersects the center lme of Bell Avenue Both dureetlons of Bell Avenue from its intersection with Driftwood Trail to the intersection of Windsor Drive and Bell Avenue 2 CaLhoun 1Vhddle School Both directions of Congress Street from 130 feet west of where Congress Street intersects with the center line of Mounts Street to 200 feet east of where Congress Street intersects with t' center line of Denton Street Both directions of Denton Street from its intersection with Congress Street to 100 feet south of where Denton Street intersects with the center line of Pearl Street Both directions of Mounts Street from its intersection with Congress Street to 190 feet south of where Mounts Street intersects with the center line of Anderson Street 3 McMath IVhddle School Both d~rections on Londonderry Lane from the its intersection with Teasley Lane to one hundred feet east of its intersection with Sam Bass Boulevard C That the time periods for reduced speeds for school zones described below shall be from 7 30 a m until 8 30 a m and from 3 00 p m until 4 00 p rn on school days The location of school zones described below shall be as follows, to-wit 1 Ryan High School Both directions of McKmney Street begmmng 500 feet west of where McKnmey Street intersects with the center llne of the high school driveway to 525 feet east of where McKanney Street intersects with the center line of the lugh school driveway 2 Denton High School Both directions of Crescent Street beginning 250 feet east of where Crescent Street intersects the center line of Bryan Street to 150 feet east of where Crescent Street intersects with the center line of Fulton Street 8 Both dn'ect~ons of Bryan Street begmmng 250 feet south of where Bryan Street intersects the center hne of Crescent Street to 150 feet north of where Bryan Street ~ntersects the center line of Linden Street Both chrectlons of Fulton Street beg~nmng 150 feet north of where Fulton Street intersects the center hne of Crescent Street to 50 feet north of where Fulton Street intersects the center line of Linden Street D That the t~me periods for reduced speeds for school zones descnbed below shall be fi:om 7 30 a m until 9 00 a m and from 3 00 p m untd 4 30 p m on school days The location of school zones desunbed below shall be as follows, to-wxt 1 L~berty Christian School Both directions of Bonme Brae fi:om 500 feet north of where Bonme Brae intersects the center line of Wlllowood to 1820 feet north of where Bonme Brae intersects the center hne of Wlllowood E That the tune penods for the reduced speeds for the school zones described below shall be fi:om 7 00 a m un'al 9 00 a m and fi:om 2 00 p m until 4 00 p m on school days The location of school zones descnbed below shall be as follows, to-w~t 1 Immaculate Conception Cathohc School Both d~rect~ons of Bohvar Street fi:om ~ts intersection w~th Second Street to ~ts intersection with Thard Street SF, CTTONi 2 That based upon an Englneenng and Transportation Department mvest~gataon heretofore made, as authorized by the prowsmns of Section 545 357 of the Transportation Code, V T C A, the prima facle speed hrmt of twenty-five (25) miles per hour for velucles is hereby deterrmned and declared to be prima fac~e reasonable and safe, and such speed lun~t ~s hereby fixed for vetucles traveling wathm the following school zones A That the me periods for the reduced speeds for the school zones described below shall be fi:om 7 30 a~m until 8 30 a m and fi:om 2 30 p m until 3 30 p m on school days The location of school zones described below shall be as follows, to~w~t 1 Sam Houston Elementary Both chrectlons of Teasley Lane begmmng 325 feet east of where Teasley Lane ~ntersects the center line of Pennsylvania Drive to 365 feet west of where Teasley Lane intersects the center line of Lllhan M~ller 9 ,ql~CTION 3 That based upon an Engineering and Transportation Department ~nvesttgatlon heretofore made, as authonzed by the provlsmns of Section 545 357 of the Transportation Code, V T C A, the prima fame speed hm~t of thirty-five (35) m~Ies per hour for velucles ~s hereby deternuned and declared to be prima fame reasonable and safe, and such speed hrmt is hereby fixed for vehicles travehng wltlUn the following descnbed school zones A That the time periods for the reduced speeds for the school zones described below shall be from 7 30 am until 9 00 am and from 3 00 p m until 4 30 p m on school days The locatmn of school zones descnbed below shall be as follows, to-w~t 1 The Selwyn School Both dlrectnons of West Highway 380 from 450 feet east of where West Htghway 380 intersects the center hne of Marshall Drive to 1200 feet west of where West Highway 380 intersects the center hne of Mesa Drive ,qlRCTIIDN 4, When s~gns are erected giving notice thereof, an individual adjudged guilty of exceeding the hereto defined speed lnmts shall be guilty ofa m~sdemeanor, and punished by a fine not to exceed Two Hundred Dollars ($200 00) ,qI~.C. TIC)AJ S The location of School Bus Loading Zones for the following schools shall be as follows, to-wit 1 Borman Elementary The southernmost lane of Parvm Street beg~mung where Parv~n Street intersects the east curblme of McConmck Street to where Parvm Street intersects the west curbllne of Memedes Road 2 Glnmngs Elementary The southernmost lane of Sun Valley Drive begmmng where Sun Valley Drive ~ntersects the east curblme of Smart Road to where Sun Valley Dnve intersects the west curblme of Yellowstone Place 3 McNalr Elementary The westernmost lane of Montec~to Drive beglnmng 287 feet south of where Montec~to Drive intersects the south curbhne of Hickory Creek Road to 407 feet south of where Montec~to Drive intersects the south curbhne of H~ckory Creek Road 10 4 Sulhvan Keller Elementary The northernmost lane of Dams Street begmmng where Davis Street intersects the west curblme of Ruddell Street to 180 feet west of where Davis Street ~ntersects the west curblme of Ruddell Street 5 Smekland M~ddle School The southernmost lane of W~ndsor Drive begmmng where W~ndsor Drive intersects the west curbhne of Bell Avenue to 900 feet west of where W~ndsor Drive anterseets the west curbhne of Bell Avenue 6 Calhoun M~ddle School The westernmost lane of Denton Street from 196 feet south of where Denton Street intersects the south ourblme of Congress Street to 640 feet south of where Denton Street intersects the south curbhne of Congress Street .qlRCTTON 6 When s~gns are erected Saving notacc thereof, it shall be unlawful for any person to operate or park a motor vebacle other than a school bus ~n a herexn descnbed School Bus Loadmg Zone An mdxwdual adjudged gmlty of the pmwsmn of tins secUon shall be gmlty of a n'nsdemeanor and pumshed by a fine not to exceed Two Hundred Dollars ($200 00) S'F, CTTC)NI 7 That tlus ordinance shall be cumulative of all other ordinances of the C~ty of Denton defimng school zones and school bus loading zones and shall not repeal any of the prowsmm of sa~d ordinances except m those instances where proms~ons of those ordinances are m Erect confhct w~th the prowslons oftl'ns ordinance gI~,CTION g That ~f m any section, subsection, paragraph, sentence, clause, phrase or word ~n tins ordinance, or apphcataon thereof to any person or mrcumstance as held ~nval~d by any court of competent junsdac'aon, such holding shall not affect the vahchty of the remanung pomons ofttns orchnance, and the City Counml of the City of Denton, Texas hereby declares ~t would have enacted such remaining pomons despite any such mvahd~ty ,qRCTION q That tlus ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the C~ty Secretary is hereby d~rected to cause the caption of tins ordinance to be pubhshed twice m the Denton Record~Chromcle, the officml newspaper of the C~ty of Denton, Texas, within ten (10) days of the date or,ts passage PASSED AND APPROVED tlns the __ day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 12 AGENDA INFORMATION SHEET AGENDA DATE January 8, 2002 DEPARTMENT Utlhty Admlmstratlon ACM Howard Martin, 349-8232 SUBJECT Consider approval of an ordinance of the City Council of the City of Denton, Texas author~mg the city manager to execute Change Order Number Two to the contract between the CIW of Denton and Archer Western Contractors, LTD, prowdmg for an increase in the scope of work and an increase in payment amount, providing for the expenditure of funds therefore; and prowd~ng an effective date [Ordinance No 2001-192, Bid No. 2612 - Lake Ray Robert~ 20 MGD Water Treatment Plant awarded to Archer Western Contractors, LTD in the amount of $35,?$5,25?, plus Change Order Number Two m the amount not to exceed $96,126 49; will be paid from funds within the existing contract (allowance bb)] BACKGROUND The original design of the Lake Ray Roberts Water Treatment Plant was done m the early 1990's The plant was later redesigned and released for bids in the spnng of 2001 The ongmal design for the Flocculat~on - Sedimentation basins included provisions for using redwood baffle walls Although tins type of construction was commonly used in the past, most water treatment plants designed over the past ten years use a more durable, ported concrete baffle wall design The advantageous of this type of design is they do not require the periodic replacement of the redwood that will detenorate over time Replacement intervals vary based upon the quahty of the redwood baffles ongmally installed and the aggressiveness of the water m the treatment process A range in life expectancy for redwood materials m a water treatment plant enmronment is between 15 to 25 years Another reason redwood baffles have become a less desirable, design alternative is the increasing scarcity and price of quality redwood materials Tbas trend will likely continue over tune as these materials become harder to obttun Staff had ongmally proposed modifying the plans to include ported concrete baffle walls but the engmeenng contract negotiated with Freese and Nichols did not provide adequate funding to include tlus in the overall scope of services Therefore, the plans were released for bids using the redwood l baffle walls that were originally designed in the early 1990's As an added complication, the plans were released for b~ds without adequate detmls to cover the attachment hardware and construction detmls to affix the redwood baffle members to the wails of the flocculatlon - sedimentation basins Archer Western Contractors, Ltd, requested this information from the engmeer dunng the bidding process but an addendum was not released in time to include these detmls and matenal specifications as a part of the original contract Rather than simply processing a change order for including the attachment hardware for the redwood baffle walls, staff was able to get Freese and Nichols to prepare adequate design support to consider the preferred ported concrete baffle walls as an alternative Based upon the negotiated prices for the two alternatives (CMR-014C, Exhibit Il), the ported concrete baffle wall is th6 best alternative to the City of Denton to resolve this issue The cost differential is relatively small compared to the projected replacement costs for redwood baffles ($ 42,264 13 add~tlonal cost verses approximately $ 75,000 to $ 125,000 ~n future costs) Th~s alternative would also be more consistent with what will be specified for future plant expansions OPTIONS. 1 Approve the Change Order for the mstallat~on of ported concrete baffle walls as submitted by Archer Western Contractors, Ltd, at a cost of $ 96,126 49 This would be an owner ~mtlated change order 2 Approve the Change Order for the installation of the originally specified redwood baffle walls at a cost of $ 53,862 36 (CMR -014B, Exhibit III) to cover the cost of the installation hardware that was omitted from the plans This would be an errors and omissions change order 3 Reject the proposal and renegotmte the terms and price RECOMMENDATIONS' Staff recommends approval of Change Order #2, in the amount not to exceed $ 96,126 49 The ported concrete baffle walls are the preferred alternative since the will not require the periodic replacement that the redwood baffle walls require The future expansions for the water plant would be~ designed for the ported concrete wails and the cost differential to have them ~nstalled on the first phase ($ 42,264 13) would be preferred over the redwood baffle wall option Staff took this ltem to the Pubhc Utthtles Board at the January 7, 2002 meeting and can brief the City Council on their recommendation at the Council Meeting ESTIMATED SCHEDULE OF PROJECT. The plant should be operational by the spnng / early summer of 2003 The project is currently ahead of schedule and is approximately 30% complete PRIOR .~CTION/REVIEW (COUNCIL~ BOARDS~ COMM ) PUB December 18, 2000 - Review admlmstratlve procedures for processing change orders for the Lake Ray Roberts Water Treatment Plant Project April 16, 2001 - Consider Approval of the Bid Award to Archer Western Contractors, Ltd, for the Construction of the Lake Ray Roberts Water Treatment Plant for the Total Amount of $ 35,785,257 January 7, 2002 - Consider approval of Change Order #2 to Archer Western Contractors, LTD for modifications to baffle walls between the Flocculatlon - Sedimentation Basins, in an amount not to exceed $ 96,126 49 City Council January 23, 2001 - Review administrative procedures for processing change orders for the Lake Ray Roberts Water Treatment Plant ProJect May 1, 2001 - Consider Approval of the Bid Award to Archer Western Contractors, Ltd, for the Construction of the Lake Ray Roberts Water Treatment Plant for the Total Amount of $ 35,785,257 FISCAL INFORMATION The total contract award to Archer Western Contractors Ltd, for the Lake Ray Roberts WTP project was $ 35,785,257 This included a $ 700,000 bid item to allow for contingencies dunng construction as well as a $ 50,000 bid item for instrumentation upgrades dunng construction The following change orders have been approved or are pending approval for this project Change Order # Description Total Amount °A of Construction 1 Additional Culverts on $ 24,932 66 0 071% Burger Road 2 Concrete Baffle Wails for $ 96,126 49 0 274 % Floc-Sedimentation Basins 3 Pnmary Transformers $ 71,328 36 0 204 % And Electnc Swltchgear Totals $192,381 51 0.549 % MAP See Exhibit I Respectfully submitted Howard Martin Assistant City Manager/Utthtles Prepared by T~m F~sher, P E Assistant Director of Water Utilities Exhibit I Location Map Exhibit 1I CMR-014C from Archer Western Contractors, Ltd Exhibit III CMR-014B from Archer Western Contractors, Ltd Exhibit IV Ordinance 4 , Robe Treatment Plant Map ;EXHIBIT Treatment Pliant 5 SUBMITTAL TRANSMITTAL PROJECT Lake Ray Roberts Water Treatment Plant PROJECT NO OWNER C~ty of Denton, Texas CONTRACTOR Archer Western Contractors, Ltd 201052 ENGINE£R Freese and N~chols DTN00343 REFERENCE DATA Contractor's Submittal No CMR-014C Specification Section N/A Plan Sheet No FS-M2 (RFI-O44) Description CONCRETE BAFFLE WALLS CONTRACTOR'S CERTIFICATION I hereby certify that this submittal has been reviewed by the Contractor and /s /n strict conformance w/th the Contract Documents as mod/f/ed by Addenda, Chenge Orders and,~C/,~td Or~cl~s /) DATE RECEIVED '1~ ,'~ ~ I BY ~_.~1:2. DATE RETURNED TYPE # DESCRIPTION #SENT #RTN'D STATUS CMR 014B Contractor's modification request 4 I 0 Approved CTR 'Certified Test Report 0 Approved as Noted EIR Equipment Installation Report 0 Not Approved O&M Operation & Maintenance Manual 0 Rewse & Resubmit NBC Notification B,~ Contractor 0 Fded as Recewed PCM Proposed Contract Modification ~ ~ PR Payment Request (;:'~'- - ' '"~"'-- ~-Ch-ange Order'lss'ued~ PP Project Photographs O F~eid Order Issued RD Record Data O Recommended for Approval RF] Request For Information O Returned W/O Rewew SAM Sample O Add'l Inforrnat~on Required SCH Schedule Of Progress O Canceled SD Shop Drawings O See Review Comments COMMENTS CONCRETE BAFFLES, NO CHANGE IN CONTRACT TIME FOR ENGINEER'S USE ONLY DISTRIBUTION I REVIEW NO SENT TO NO SENT TO DEPT BY SENT RET'D I C~ty of Denton Fisher 1 C~ty of Denton - Field 1 Freese & N~chols Inc 1 FNI Field Office Montgomery Watson 6 EXHIBIT II ' CONTRA C Tons MODIFICATION REOUE$ T PROJECT LAKE RAY ROBERTS WTP PROJECT NO 201052 OWNER C~ty of Denton, Texas CONTRACTOR Archer Western Contractors, Ltd 201052 ENGINEER Freese and N~chols DNT00343 DESCRIPTION CONCRETE BAFFLE WALLS NO CMR-014C NOTIFICATION BY CONTRACTOR The Contractor proposes to make the additions, modifications, or deletions to the Work descnbed m the Contract Document, as shown m Attachment "A" and requests that you take the following action 0 Not~fy us that you concur that this change does not require a change ~n Contract t~me or amount and ~ssue a F~eld Order D~rect~ve X Issue a Change Order for performing the described change Change m Contract amount is indicated m the attached detaded cost breakdown of labor, materials, equipment and all other costs assocmted with th~s change Impacts on Contract T~me are shown m the attached revised schedule o Authorize the Contractor to proceed w~th the descnbed change Payment wdl be requested at the umt price b~d o Authorize the Contractor to proceed with the change under the t~me and materials provisions of the Contract CONSTRUdtlOZN MANAGER'S RESPONSE o We concur that th~s is a no cost or t~me change See attached Field Order No / comments ~ proposal is to forthcoming proposed Change Your recommended the Owner See Order ~ (~.~D. ' OO~, O Proceed w~th the change at the unit pnce b~d o Proceed with the change under the t~me and matenals provisions of the Contract o Add~tional informat~on ~s required to evaluate th~s request Prowde mformat~on as described ~n the attached comments and resubmit o Contractor's Modification Request ~s not accepted By ~ ~/~ Date /~./oO-- O/ CMRFORM DOC ~ 7 I I FIELD CHANGE JUSTIFICATION PROJECT LAKE RAY ROBERTS I CiTY IAUBREY; ~ DATE 12/18/01 COUNTY DENTON j r J i ITEM OF WORK i CONCRt=I E BAFFLE WALLS I , ESTIMATED QUANTITY 11800Y I -- ! I i DESCRIPTION I i QUANTITY I PRICEI LABOR I MATERIAL [ EQUIPMENTi LABOR r i 3400 $ 16 O0~ $ 54,400 O0 55%INSURANC~ AND TAXESi I I S 29,920 00 I I 10% COMPENSATION I I $ 5 440 00 credit for redwood Installation I I $ (12,851 00) TOTAL LABOR'COST I $ 76,909 00 I I ~ONC~:IE IJ I 18015 6500i , $ 11700001 EPOXYI I I 900 $ 3 00 I REBAR I ] ~ 3664 $ 0 25 I I $ 916 00 FORMS/SLEEVeS J I 14489 $ 1 00 J =ATCH & GROUT ~I 14489 $ 005 ~EBAR SUBST I I I 50C $ 6 O0 ~EDWOOD CREDIT I J $ (11,288 00) , $ (11,288 00)l ,redwood cance ifee I 15%1 $ 1 693 12 $ 1,693 12 TOTAL MATERIAL COST I r I I I$ 26,328 03 r EQUIPMENT I J I j 0IS I SUBTOTAL I 15% COMPENSATION TOTAL EGUm~iENT COST I I I SUSCONTRACTOR I I $% COMPENS^'nON I ] I I I TOTALSU.CO.T CTO. COST , I , I I II II ~ TOTAL COBT OF FIELD CHANGE ITEM I $103 237 03 ! ~ I credlt for valveS at raw water pump etatlon I $ (7,11054)1 refrf1054 I i I $ 96 126 49' SUBMITTAL TRANSMITTAL PROJECT Lake Ray Roberts Water Treatment Plant PROJECT NO OWNER C~ty of Denton, Texas CONTRACTOR Archer Western Contractors, Ltd 201052 ENGINEER Freese and N~chols DTN00343 REFERENCE DATA Contractor's Submittal No CMR-O14B Specification Section N/A Plan Sheet No FS-M2 (RFI-044) Description REDWOOD BAFFLE WALLS CONTRACTOR'S CERTIFICATION I hereby certify that this submittal has been reviewed by the Contractor and /s /n strict conformance w/th the Contract Documents as mod/f/ed by Addenda, Change Orders end F/eld DATE RECEIVEI~ "~1/~7~1 BY I'(A~- DATE RETURNED 1¢1-17-~1 BY z~--'-&"--O TYPE # / DESCRIPTION ; _ #SENT #RTN'D STATUS CMR 01,~B Contractor's modification request 4 /' O Approved CTR Certlfmd Test Report O Approved as Noted EIR Equipment Installation Report O Not Approved Q&M Operation & Maintenance Manual O Rewse & Resubmit NBC Notification By Contractor ORled as Received PCM Proposed Contract Modff~catmn O F~na[ D~str~but~on PR Payment Request {3 Change Order Issued PP Project Photographs O F~eld Order Issued RD Record Data O Recommended for Approval RFI Request For Information O Returned W/O Rewew SAM Sample ~d'l Info''matron Requ~red~.~ SCH Schedule Of Progress O~n, celed SD Shop Drawings CONTRACT TiMECO M MENTS PLEASE SELECT EITHER~ -. ~--.~_~RED W O OD OR CO NCRETE--EFA-FFEES. N O CH-AN-GE IN FOR ENGINEER'S USE ONLY DISTRIBUTION I REVIEW NO SENT TO NO SENT TO DEPT BY SENT RET'D 1 C~ty of Denton F~sher 1 C~ty of Denton - Field 1 Freese & N~chols Inc 1 FNI F~e~d Office Montgomery Watson EXHIBIT III CONTRACTORS MODIFICATION REQUEST PROJECT LAKE RAY ROBERTS WTP PROJECT NO 201052 OWNER C~ty of Denton. Texas CONTRACTOR. Archer ~-s~-~rn Contractors. Ltd 201052 ENGINEER Freese and N~chols DNT00343 DESCRIPTION: REDWOOD VS CONCRETE BAFFLE WALLS NO CMR-O14B NOTIFICATION BY CONTRACTOR The Contractor proposes to make the additions, modifications, or deletions to the Work described ~n the Contract Document, as shown in Attachment "A" and requests that you take the following action 0 Notify us that you concur that th~s change does not require a change in Contracl t~me or amount and ~ssue a F~eld Order D~rect~ve X Issue a Change Order for performing the descnbed change Change in Contract amount is indicated in the attached detaded cost breakdown of labor, materials, equipment and all other costs associated with th~s change impacts on Contract Time are shown m the attached rewsed schedule o Authorize the Contractor to proceed w~th the described change Payment wdl be requested at the umt price b~d o Authorize the Contractor to proceed with the change under the t~me and materials provisions of the Contract Date CO~STR~t'CTION IVlANAGER'S RESPONSE o We concur that this ~s ano cost or t~me change See attached F~eld Order No / comments o Your proposal ~s recommended to the Owner See forthcoming proposed Change Order o Proceed w~th the change at the umt price b~d o Proceed w~th the change under the t~me and matermls provisions of the Contract ~1~ Additional ~nformatlon ~s required to evaluate this request Provide Informat~on as descnbed ~n the attached comments and resubmit o Contractor's Modification Request ~s not accepted By_ Date CMRFORM DOC 1 0 I FIELD CHANGE JUSTIFICATION ~ I PROJECT LAKE RAY ROBERTS ~ITY AUBREY ] DATE 10/8/01 3OUNTY DENTON F ITEM OF WORK REDWOOD BAFFLE SUPPORTS =STIMATED QUANTITY i LUMP SUM DESCRIPTION QUANTITY PRICE ~ LABOR MATERIAL EQUIPMENT SUB LABOR 650 S 1600' $ 1040000 55%INSURANCE ANDTAXES [ I I $ 5 720 00 I 15% COMPENSATION J I $ 1,560 00 TOTAL LABOR COST MATERIAL 316ss I S ANGLES r 1, $ 25,08000 ~ ~ $ 26 08000 S BOLTS I 1 $ 542800~ I $ 542800 S ANCHORBLTS 115 372200~ I $ 372200 I ors ~s I os s I os SUBTOTAL I $ 34 230 00 15% COMPENSATION i $ 5 134 50 TOTAL MATERIAL COST J ~ $ 39,364 50 EQUIPMENT AERIALLIFT 160 $ 21 35 $ 341600 oS $ o$ S o $ S 05 '$ SUBTOTAL $ 3 416 00 15% COMPENSATION $ 512 40 TOTAL EQUIPMENTCOST $ 3,928 40 SUBCONTRACTOR 05 I S SUBTOTAL $ 5% COMPENSATION $ TOTAL SUBCONTRACTOR COST $ TOTAL COST OF FIELD CHANGE ITEM S 60,972 90 credit for valves at raw water pump station $ (7,110 54 ref rfl 054 I $ 53 862 36 11 FIELD CHANGE JUSTIFICATION PROJECT i LAKE RAY ROBERTS I , GrTY IAUBREY i I I I DATE ~OUNTY DENTON , I ITEM OF WORK ]CONCRETE BAFFLE WALLS ] ~ i ESTIMATED QUANTITY !180CY I I i I , DESCRIPTION I I ~ QUANTITY PRICE I LABOR ' MATERIAL LABOR I I , 34°° 16001s 55%INSURANCE AND TAXESI ' i $ 29 920 00 10% COMPENSATION I ~ I $ 544000 I credit for redwood Inatallatlon { $ (12,851 00) TOTAL LABOR COST I I $ 76,909 00 CONCRETE I I 18C i $ 65 00 EPOXY I I I 90C $ 3 O0 REBAR i I 3664 $ 0 25 FORMS/SLEEVES i I 144891 $ 1 00 PATCH &GROUT I ! 14489 $ 0 05 I I $ 72445 REBAR SUBST , I 500 $ 6 O0 REDWOOD CREDIT ~ 11 $ (11 288 O0 i $ (11 288 00)i SUBTOTAL i I I J $ 22,241 45 10% COMPENSATION ! I [ ' $ 2224 15 TOTAL MATERIAL COST i J ~ $ 24,465 60 EQUIPMENT f I 0 $ I i ' ~ 051 SUBTOTAL I j I 15% COMPENSATION I I TOTAL EQUIPMENT COST I I I I I 0~ SUBCONTRACTOR I ~ SUBTOTALIi ~ I 5% COMPENSATION i i TOTAL SUBCONTRACTOR COST ; I I ' TOTAL COST OF FIELD CHANGE ITEM , $101 374 60 I credtt for valves at raw water pump station $ (7,110 54)r ref rfi 054 , $ 94 264 06 ', 12 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER TWO TO THE CONTRACT BETWEEN THE CITY OF DENTON AND ARCHER WESTERN CONTRACTORS, LTD, PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK AND AN INCREASE IN PAYMENT AMOUNT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE [ORDINANCE NO 2001-192, BID NO 2612 - LAKE RAY ROBERTS 20 MGD WATER TREATMENT PLANT AWARDED TO ARCHER WESTERN CONTRACTORS, LTD IN THE AMOUNT OF $35,785,257, PLUS CHANGE ORDER NUMBER TWO IN THE AMOUNT NOT TO EXCEED $96,126 49, WILL BE PAID FROM FUNDS WITHIN THE EXISTING CONTRACT (ALLOWANCE BB)] WI-IEREAS, onMay 1, 2001 by Ordinance No 2001-192, the City awarded a pubhc works contract to Archer Western Contractors, Ltd, m the mount of $35,785,257 for the construction of the Lake Ray Roberts 20 MGD Water Treatment Plant and related nnprovements, and WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that a chaage order be authorized to amend such contract agreement with respect to the scope of work, matenals, labor and an increase in the payment amount, and smd change order being in comphance w~th the reqmremems of Chapter 252 of the Local Government Code, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That Change Order No Two, ~ncreaslng the amount of the pubhc works contract between the City and Archer Western Contractors, Ltd, winch ~s on file in the office of the Purchastng Agent, in the amount of Ninety Slx Thousand One Hundred and Twenty Six and 49/100 ($96,126 49) Dollars, is hereby approved and the expenditure of funds therefore is hereby authonzed m accordmce w~th smd change order The total purchase order amount remmns at $35,785,257 and the funds allocated m the existing contract under Allowance BB thereto will be used for payment to Archer Western Contractors, Ltd therefor SECTION 2 That ti'ns orrhnance shall become effective Immediately upon its passage and approval PASSED AND APPROVED tlus day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By EXHIBIT IV APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Ordmances\02~Areher Western Change Order No 20rd doc 2 14 AGENDA INFORMATION SHEET AGENDA DATE January 8, 2002 DEPARTMENT Utility Admmistrataon ACM Howard Martin, 349-8232 SUBJECT Consider approval of an ordinance of the City Council of the City of Denton, Texas authorizing the city manager to execute Change Order Number Three to the contract between the City of Denton and Archer Western Contractors, LTD, providing for an increase m the scope of work and an increase m payment amount, prowdlng for the expendlt~are of funds therefore; and providing an effective date [Ordinance No 2001-192, Bid No 2612 - Lake Ray Roberts 20 MGD Water Treatment Plant awarded to Archer Western Contractors, LTD m the amount of $35,785,257; plus Change Order Number Three m the amount not to exceed $71,328 36; will be prod from funds within the existing contract (allowance bb)] BACKGROUND Dunng the prehmmary design phase, staff had approached Denton Mumclpal Electric (DME) to determine ~f they would provide electric service for the Lake Ray Roberts Water Treatment Plant (LRRWTP) project The original plant design that was completed ~n the early 1990's had been based upon electric service to be provided by the City of Denton Mumc~pal Electric Department and staff wanted to insure that this was stall appheable for the re-design effort Based upon the reformation provided by DME, the engmeenng consultant for the project (Freese and Nichols, Inc ) was instructed by the City of Denton Water Ut~htaes Department to design the facilities for electric service from DME Afrer the project began construction in June of 2001, DME officials received a telephone call from Coserve (formally known as Denton County Electric Coop) challenging DME's right to serve thxs faclhty m Coserve's smglely certified service area or CCN The Denton Water Utahtles staff was subsequently not~fied bY DME officials of the legal rights that Coserve had m tbas dispute and advised the Water Utahtaes staff to begin negotaattons w~th Coserve for electric service to the LRRWTP facdmes The change order would provide for modlfjang the necessary electric equipment to change from DME supphed 13 2 KV voltage to a Coserve supplied 24 94 KV voltage electric service The change order (PCM-02 Exbablt II) includes provisions for two "dual wound" 5 KVA primary transformers that could receive electric service from exther electric prowder Approximately 25 % of the total change order amount ~s for providing the dual wound transformers Approximately 65 % of the total change order amount is for providing electric swltchgear and electrical condmt / wrong to handle the h~gher primary electric service voltage Approximately 10 % of the total change order ~s to modify work that was already completed by the contractor to change to the bagher primary electric service voltage OPTIONS: 1 Approve the Change Order as submatted by Archer Western Contractors, Ltd, and as recommended by Freese and Nichols 2 Reject the proposal and renegotaate the terms and price RECOMMENDATIONS' Staff recommends approval of Change Order #3, in the amount not to exceed $ 71,328 36 Further delays related to ordenng the transformers to supply the dual primary voltage will hkely result an delays ~n the overall project schedule and clmms from the contractor The dual wound primary transformers will pmmde an alternative for DME to provade back-up electric service or future elecmc servace should Coserve's electric servace rehabfllty prove to be unsatisfactory or if regulatory condmons were to change m the future Staff took thas atem to the Public Utflltaes Board at the January 7, 2002 meeting and can brief the Caty Council on thear recommendation at the Council Meeting ESTIMATED SCItEDULE OF PROJECT The plant should be operataonal by the spnng / early summer of 2003 The project as currently ahead of schedule and is approximately 30% complete PRIOR ACTION/REVIEW (COUNCIL~ BOARDS~ COMM ) PUB December 18, 2000 - Revaew admamstratave procedures for processxng change orders for the Lake Ray Roberts Water Treatment Plant Project April 16, 2001 - Consider Approval of the Bid Award to Archer Western Contractors, Ltd, for the Construction of the Lake Ray Roberts Water Treatment Plant for the Total Amount of $ 35,785,257 January 7, 2002 - Consider approval of Change Order #3 to Archer Western Contractors, LTD for modfficatlons to electric transformers and sw~tchgear eqmpment, an an amount not to exceed $ 71,328 36 Caty Council January 23, 2001 - Review adm~mstratave procedures for processing change orders for the Lake Ray Roberts Water Treatment Plant ProJect May 1, 2001 - Consider Approval of the Bid Award to Archer Western Contractors, Ltd, for the Construction of the Lake Ray Roberts Water Treatment Plant for the Total Amount of $ 35,785,257 2 FISCAL INFORMATION. Thc total contract award to Archer Western Contractors Ltd, for the Lake Ray Roberts WTP project was $ 35,785,257 Th~s included a $ 700,000 b~d item to allow for contmgencacs dunng construction as well as a $ 50,000 bid item for mstrumcntaUon upgrades dunn§ constructmn The following change orders have been approved or are pending approval for this project Change Order # De$crtptlon Total Amount % of Constructton 1 Additional Culverts on $ 24,932 66 0 071% Burger Road 2 Concrete Baffle Walls for $ 96,126 49 0 274 % Floc-Sed~mentat~on Basins 3 Primary Transformers $ 71,328 36 0 204 % And Electric Swatchgear Totals $192,381 51 0.549 % MAP See Exhibit I Respectfully submttted Howard Martin Assistant Caty ManagerfLltlhtaes Prepared by T~m Fasher, P E Assistant Darector of Water Utlhtles Exh~bg I LocaUon Map Exhablt 12[ PCM-02 from Archer Western Contractors, Ltd Exhibit 111 Ordinance 3 'Roberts Treatment Plant ELM 80TTOM RIVER 0805 ~ " Map ~w~. ~rt,~: Treatment Plant EXHIBIT 4 SUBMITTAL TRANSMITTAL PROJECT Lake Ray Roberts Water Treatment Plant PROJECT NO OWNER C~ty of Denton, Texas CONTRACTOR Archer Western Contractors, Ltd 201052 ENGINEER Freese and N~chols DTN00343 REFERENCE DATA Contractor's Submittal No PCM-002 Specification Section 01380 Plan Sheet No N/A Description PRIMARY TRANSFORMERS CONTRACTOR'S CERTIFICATION I hereby certify that this submittal has been rewewed by the Contractor and Is In strict conformance w/th the Contract Documents as mod/f/ed by Addenda, Change Ordera and ,e,d DATE RECEIV,E'I~ /[.,~' OIBY DATE RETURNED TYPE # DESCRIPTION #SENT #RTN'D STATUS CMR Contractor's modification request O Approved CTR Certified Test Report O Approved as Noted EIR Equipment Installation Report O Not Approved O&M Operation & Maintenance Manual O Rewse & Resubrn~l NBC Notification By Contractor O Filed as Received PR Payment Request ,~Change Order Issue~j~ PP Project Photographs O F~eld Order Issued RD Record Data O Recommended for Approval RFI Request For Information O Returned W/O Rewew SAM Sample O Add I Information Required SCH Schedule Of Progress O Canceled SD Shop Drawings O See Rewew Comments COMMENTS FOR ENGINEER'S USE ONLY DISTRIBUTION I REVIEW NO SENT TO NO SENT TO DEPT BY SENT RET'D 1 C~ty of Denton F~sher '1 C~[y of Denton - F~eld 1 Freese & Nmhols Inc 1 FNI F~eld Office Montgomery Watson 5 EXHIBIT II F~EESE-NICHOLS iI, DEC I? 2001i PROPOSED CONTRACT MODIFICATION _ _ - ATTACHMENT A (44I/ ) ~j PROJECT Lake Ray Roberts Water Treatment Plant PROJECT NUMBER OWNER City of Denton, Texas CONTRACTOR Archer Western Contractors, Ltd 201052 ENGINEER Freese & Nichols Inc DNT00343 DESCRIPTION Primary Transformers NO PCM-002 ~IOT]FICATION TO CONTRACTOR The Owner proposes to make the addibons, modifications or de[ebons to the Work descnbed in the Contract Documents as shown in Attachment "A" We request that you take the following action w~th[n 10 calendar days Notify us that you concur that this change does not require a change in Contract t~me or amount A Field Order will be ~ssued Submit a Price/Credit Proposal w~th de,ruled cost breakdown of laoor, materials, equipment and all other costs related to th~s change Impacts on Contract T~rne shall be shown in arewsed schedule, inctuded with the submitted proposal Proceed with the change Payment will be made at the unit price old Proceed with the change under the time and materials provisions CT ~s Ccmrs:t Authorization to proceed with changes must be approved by the Owner thr.ougn Change Order in accordance with the Contract Documents By Steve W~lson Date 12/17/01 CONTRACTOR'S RESPONSE We respond to your request as follows [] We propose that th~s is a no cost or time change Issue Field Order ~ We submit the attached Price/Credit Proposal wffh detailed cost breakdown~ s/~i~ for performing the described change ,,,//~/z './,?.o/ ,~ We are proceeding with the change at the umt pr]ce b~d ,~ We are proceeding with the change under the time and materials provlslons of the Cootract By ~.~'.,~ / y.~-~- Date IZ I -cl ACTIQ_~ TAKEN _ Proposed Contract Modification relected See comments Field Order will be ~ssued Ch~lezOrderwlllbe_lssued g, O ~¢" ~o3~ ~'o"~"~'~'4~' FREESE o NICHOLS PROPOSED CONTRACTMODIFICATION ATTACHMENT A (44'I/ ) The Owner proposes to make the following add~bons, mod~ficahons or de/ebons to the work described ¢n the Contract Documents Authonzat~on to proceed w~th these changes must be approved by F¢eld Order or Change Order ¢n accordance w¢th the Contract Documents, pnor to commencing the work ¢nvolved Comments 1) Prowde primary cable ~nsulatlon class for 25kY 2) Provide dual rated transformers that would be required to allow the 24 94 kV on the pnmary By Steve W~lson Date 12/17/01 7 ACME ELECTRIC 8175344940 P 02/02 LAKE RAY ROBERTS WTP AUBKEY, TEXAS PENDING CHANGE REQUEST COST ANALYSIS To be completed by General Contractor or Subcontractor as outlmcd ~n the Umfom General Condmons Secuon 6 6 1 PROJECT LAKE RAY ROBERTS WT? Work performed by ( ) General Contractor ( X ) Subcontractor CONTRACTOR AR(ZFIER WESTERN I~,'~ontn~or ~vo co nam~ AC_M~ ELECI~IC COM]~ANY PCM# 2 Tan~ kxiemlon (fi'My) __ RFI# ASI# 1 Dcscnptlon of Change 2~KV UPORADt~ ADDiTIONS AND/OR [CREDITS] EXTENSION A B C D E D~cnpt~on Q~_antlt~ Umt Co~71Jnit Material Labor Eqmp, Trans. Storage 25KV PAD MOUNT TRANSFORIv~R 2 EA $6,24000 $I2,00000 $48000 $12000 $480 25K¥ PRIMARY sW1TO_.~ 2 EA $11,040 00 $21,600 00 $480 00 $216 00 $4 80 25KV NEUTKAL (~RD RESISTOR 2 EA $1,620 00 $3,120 00 $120 00 $31 20 $1 20 2~KV COORDINATIO~I STUDY 1 EA $3,600 00 $3~600 00 $0 00 $36 00 $0 00 ~2~0 25KV 133% MVg0 1,800 CLF $528 00 $9,504 00 $0 00 $95 0~ $0 00 ~,, VC~ P ,~ ~zOATED A.L l~OW 4 EA $3S2 73 $1127051 $26040 $1271 $260 ~" PVC ADAPTER 4 EA $$$ 05 $89 52 $130 g0 $0 90 $1 31 ,~" PVC CONDUIT 40 LF $18 12 $427 20 $297 60 $4 27 $2 98 ,,CONCRETE 10 CY $105 00 $900 00 $i50 0o $9 00 $1 50 pEMO DUCT BANK I EA $960 00 $0 00 $960 00 $0 00 $9 60 Subtotals $52 $11 23 $2,878 It0 $0 00 $525 11 $28 79 Line I Enter total of C01umns A+B+C+D $$~,943 93 Line II LfLme I indIcates an ADD, En~r 15% of Line I ltLme I ma,cat~ CREDIT, enter -0- $8 391 59 Line 1II Enter total Col E (Storage) $29 Line IV Enter 40 4% of 1201 B for Workn~n'S Comp $OClal Security, ~nd like tax~ $1,163 04 Line V Total Linc I thru Line rv Enter here and on Summary Sheet $65,527 35 ~]ONTRACTOR ~ SUB~NTR.ACTOR SIGNATURE DATE TOT~L P 02 8 FIELD CHANGE JUSTIFICATION ~-RO~C~ LAKE RAY ROBERTS ~TY AUBREY ~ DATE 12/18101 COUNTY DENTON ITEM OF WORK DUAL VOLTAGE PRIMARY TP~,NSFORMER ESTIMATED QUANTITY 1 LUMP SUM DESCRIPTION QUANTITY PRICE LABOR ; MATERIAL EQUIPMENT SUB LABOR I I 721 $ 1600 I $ 1 15200 55%iNSURANCE AND TAXES $ 633 80 15% COMPENSATION ~ ~ ' $ 95 04 TOTAL LABOR COST ; $ t 880 64 MATERIAL CONCRETE ~ 8r $ 70 00 ' $ 680 00 J ~ 0~$ ,$ 05 $ o15 o$ $ I I o$ $ SUBTOTAL I $ 560 00 15% COMPENSATION $ 84 00 TOTAL MATERIAL, COST [ $ 644 EQUIPMENT 0 $ 01 $ $ ~ 01 $ $ ol $ $ OI $ $ SUBTOTAL ] I $ 15% COMPENSATION ~ $ TOTAL EQUIPMENT COST I SUBCONTRACTOR PER ATTACHED I 1 $ 6552735 $ 6552735 SUBTOTAL ! I I $ 65 527 35 5% COMPENSATION I I $ 3 276 37 TOTAL SUBCONTRACTOR COST I I $ 68,603 72 TOTAL COST OF FIELD CHANGE ITEM ~ I $ 71 328 36 ' UNIT PRICE OF F ELD CHANGE ITEM , I $ 71,328 36 ' PLEASE NOTE THAT OWNER IS RESPONSIBLE FOR ANY IMPACT THIS CHANGE MAY HAVE ON COMPLETION DATE OF PROJECT ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER THREE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND ARCHER WESTERN CONTRACTORS, LTD, PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK AND AN INCREASE IN PAYMENT AMOUNT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE [ORDINANCE NO 2001-192, BID NO 2612 - LAKE RAY ROBERTS 20 MGD WATER TREATMENT PLANT AWARDED TO ARCHER WESTERN CONTRACTORS, LTD IN THE AMOUNT OF $35,785,257, PLUS CHANGE ORDER NUMBER THREE IN THE AMOUNT NOT TO EXCEED $71,328 36, WILL BE PAID FROM FUNDS WITHIN THE EXISTING CONTRACT (ALLOWANCE BB)] WHEREAS, on May 1, 2001 by Ordinance No 2001-192, the City awarded a public works contract to Archer Western Contractors, Ltd, m the amount of $35,785,257 for the construction of the Lake Ray Roberts 20 MGD Water Treatment Plant and related tmprovements, and WHEREAS, the Staffhavmg recommended, and the Ctty Manager hawng recommended to the Council that a change order be authorized to amend such contract agreement wlth respect to the scope of work, materials, labor and an increase m the payment amount, and sa~d change order being m comphance wtth the reqmrements of Chapter 252 of the Local Government Code, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That Change Order No Three, increasing the amount of the pubhc works contract between the City and Archer Western Contractors, Ltd, wtuch ts on file m the office of the Purchasing Agent, m the amount of Seventy One Thousand Three Hundred Twenty E~ght and 36/100 ($71,328 36) Dollars, m hereby approved and the expenditure of funds therefore ls hereby authorized m accordance w~th sa~d change order The total purchase order amount remains at $35,785,257 and the funds allocated m the exlstmg contract under Allowance BB thereto will be used for payment to Archer Western Contractors, Ltd therefor SECTION 2 That flus ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED fins day of ., 2002 EULINE BROCK, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY By EXHIBIT II111° APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Docum~nts\Ordmances\02'u~.rcher W~stem Change Order No 30rd doc 2 11 AGENDA INFORMATION SHEET AGENDA DATE January 8, 2002 DEPARTMENT Airport and Transit Operations ACM Jori Fortune, ACM, Public Safety and 3 ransportatton Operations SUBJECT AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON A GRANT AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTION RELATING TO THE DESIGN AND CONSTRUCTION OF THE AIR TRAFFIC CONTROL TOWER AND AIRPORT TERMINAL BUILDING AT THE DENTON MUNICIPAL AIRPORT, AND DECLARING AN EFFECTIVE DATE BACKGROUND In June 2000 the Texas Department of Transportation, Aviation Division (TxDOT) proposed an mr traffic control (ATC) tower matching grant program TxDOT is now tn the second year of the ATC tower grant program and has identified the Denton Municipal Airport as one of two airports, statewlde, to recmve a grant for FY 2002 The grant is a 50 50 matching grant that applies only to the construction of the control tower and is hmlted to a maximum TxDOT match of $500,000 The City of Denton would then be responsible for funding the remaining 50-percent of the construction costs of the facdity and would be responsible for 100-percent of construction costs above $1,000,000 The City of Denton is also responsible for 100-percent of the radio and communications equipment for the proposed facility Initial construction costs, including radio and commumcatlon equipment, were estimated between $750,000 and $800,000 It ts estimated that the radio and communications equipment will cost between $150,000 and $180,000, with total design and construction costs estimated between $550,000 and $600,000 TxDOT is also proposing that the City of Denton participate in the matching grant program for Airport Terminal Bmld~ngs Similar to the ATC tower program, TxDOT will fund 50- percent of the design and construction cost of new termmal facilities up to a maximum of a $300,000 grant match Airport Staff estimates a new terminal facility, approximately 3,500 to 4,000 square feet, could be constructed for $700,000 ESTIMATED SCHEDULE OF PROJECT Current estimates indicate a final design for the control tower m April 2002 with construction beginning m May or June 2002 Design of the terminal facility would begin m FY 2002 with construction beginning by mid-FY 2003 PRIOR ACTION/REVIEW In August 2001, Council approved a resolution documenting support and acceptance of the proposed project(s) The City Attorney's Office has reviewed the grant and approved th~s ordinance The Airport Advisory Board and staffrecommend the approval ofth~s grant FISCA~ INFORMATION The design and construction of the ATC facthty is estimated to cost $750,000 to $800,000 and the tenmnal is estimated to cost $700,000 It is important to note that prehmlnary designs for the control tower are expected m late January and a more refined project cost will be available at that time The City's match of 50 percent applies only to the design and construction fees for each famhty Equipment and fummhlng are not covered by the grant, however, funding has been included m the CIP for these items EXHIBITS Ordinance Grant Respectfully submitted M~ ~¢ison ' Dl~rector o£ Airport and Transit Operations S \Our Documents\Ordmances\01~TxDOT Grant Agreement Ordinance doc ORDiNANCE NO AN ORDiNANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CI2Y OF DENTON A GRANT AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO THE DESIGN AND CONSTRUCTION OF THE AIR TRAFFIC CONTROL TOWER AND AIRPORT TERMiNAL BUILDING AT THE DENTON MUNICIPAL AIRPORT, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS SECTION 1 The City Manager of the City of Denton or his designee is hereby authorized to execute on behalf of the City of Denton a Grant Agreement with the Texas Department of Transportation relating to design and construction of the air traffic control tower and mrport terminal building at the Denton Municipal A~rport, a copy of such agreement being attached hereto and made a part hereof for all purposes and referenced as TXDOT Contract No 2XXAV018 (the "Agreement") SECTION 2 The City Manager or his designee is the City's authorized representative who m &rected to comply with any assurances, conditions, or agreements reqmred to be executed to receive the funds provided under the Agreement SECTION 3 Th~s ordinance shall become effective lmme&ately upon its passage and approval PASSED AND APPROVED this the __ day of ,2001 EULiNE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO ~L~GAL,PO~ HERBERT L ~t'Y~YfTORNEY TEXAS DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT (State Assisted A~rport Development Grant) TxDOT CSJNo 0218DENTN TxDOr ProjectNo AP DENTON 3 TxDOT ContractNo 2XXAV018 Part I - Idenhficahon of the Project TO The C~ty of Denton, Texas FROM The State of Texas, acting through the Texas Department of Transportatton Th~s Agreement ~s made and entered into by and between the Texas Department of Transportatmn, (hereinafter referred to as the "State"), for and on behalf of the State of Texas, and the C~ty of Denton, Texas, herelnat]er referred to as the "Sponsor") The Sponsor desires to sponsor a project for the development of a pubhc aviation facdtty, known or to be designated as the A~rport under V T C A, Transportatton Code, Tttle 3, Chapters 21-22, et seq (Vernon and Vernon Supp ) The project ~s described as follows the design and construction of the atr traffic control tower and mrport terrmnal bmldlng at the Denton Mumc~pal A~rport The Sponsor apphes for a grant for financml assistance for the project described above The parttes, by th~s Agreement, do fix their respective responstbfllt~es with reference to each other and with reference to the accomphshment of smd project NOW, for and ~n consideratton of the benefits whtch will accrue to the parttes hereto by virtue of the completton of the project, IT IS MUTUALLY COVENANTED AND AGREED as follows Part II - Offe~ of Financial Assistance 1 It is estimated that approximately $1,600,000 O0 (Amount A) of the project costs will be eligible for financial assistance, and that financial assistance will be for fifty percent (50%) of the ehgible project costs Project costs ehg~ble for financial assistance shall be deterrmned by the State It Is estimated that the Sponsor's share of the eligible project costs will be approximately $800,000 00 (Amount B) and the financml assistance share of eligible state project costs will be approramately $800,000 00 (Amount C) Financial assistance is subject to the availability of state funds This grant should not be construed as block grant funds for the Sponsor, but as a grant for funding of the scope items as listed on page one of this agreement It is the intent of the Agent to provide funding to complete the approved work ~tems of this grant and not to amend the scope of work to include items outside of the current determined needs of this project Scope of work may be amended as necessary to fulfill the unforeseen needs of tlus specific development project within the spirit of the approved scope, subject to the availability of state, federal, and/or local funds 2 £he allowable costs of the project shall not ~nclude any costs determined by the State to be ~nehgible for cons~deration as to allowability under the V T C A Transportation Code, Title 3, Chapters 21-22, et seq, (Vernon and Vernon Supp) Project costs ehg~ble for state financml assistance shall be deterrmned by the State Inehg~ble items include but are not necessarily limited to the follovang paving other than areas disturbed by the terminal construction, major utility line extensions, new water supply sources, furmtum and fumislungs, food preparation, katchen and restaurant eqmpment and fracture, vending machines, arcade games, communicat~ons/telephone/radio systems and eqmpment other than necessary conduit and wnng, equipment used for generation of revenue including fuel sales, audiovisual equipment, landscaping other than seeding or sodding of adjacent disturbed areas, lawn spnnklers and irrigation systems, demohshmg or mo,ang erasting structures, nutigat,ng hazardous materials or waste, removing, relocating, renovating and/or repamng ex, sting fueling systems, and donated materials and/or donated labor The State vail not participate m funding for force account work conducted by the Sponsor or for the Sponsor unless approved prior to the s~gmng ofth~s agreement 3 It is mutually understood and agreed that if, during the life of the project, the State determines that the grant amount exceeds the expected needs of the sponsor by $5,000 or five (5%) percent, whichever is greater, the grant amount can be umlaterally reduced by letter from the State advising of the budget change and a refund of the sponsor share of the reduction will be done Participation in additional state eligible costs may require approval by the Texas Transportation Commission The State will not authorize expenditures in excess of the 5 dollar amounts identified in this Agreement and any amendments, without the consent of the Sponsor The Sponsor specifically agrees that it shall pay any project costs, which exceed the amount of financial participation agreed to by the State It is further agreed that the Sponsor w~ll reimburse the State for any payment or payments made by the State which are in excess of the percentage of financial assistance (/unount C) as stated in Paragraph II-1 Sponsor, by accepting tlus Agreement certifies and, upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs as stated The Sponsor grants to the State the right to audit any books and records of the Sponsor to verify funds In addltmn, the Sponsor shall disclose the source of all funds for the project and its abd,ty to finance and operate the project Monthly grant agreement payments to the Sponsor may be authorized upon application to the State Payments of the State's share of the allowable project costs will be made in proportion to the amount of the project satisfactorily completed at the t,me of the payment apphcation PART 112[ - Sponso~ Responsibll~ties In accepting the Agreement, the Sponsor guarantees that a it will, in the operation of the facdtty, comply w~th all applicable state and federal laws, rules, regulations, procedures, covenants and assurances reqmred by the State of Texas in connection with the Agreement, and b the _-4drport or navigational facility which is the subject of this Agreement shall be controlled for a period of at least 20 years, and improvements made or acqmred under this project shall be operated, repa,red and ma,ntalned in a safe and serviceable manner for the useful hfe of the improvements, not to exceed 20 years, and c cons,stent with safety and security reqmrements, it shall make the a,rport or air navigational facility avadable to all types, k,nds and classes of aeronautical use without discnrmnation between such types, kinds and classes and shall provide adequate public access during the period ofth~s Agreement, and d It shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an a,rport land,ng area Aeronautical actiwtles include, but are not limited to scheduled a,rllne fi,ghts, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications The landing area cons,sts of runways or landing strips, taxiways, parking aprons, roads, airport hghtmg and navigational aids, and it shall not permit non-aeronautical use of mrport facdlt~es without prior approval of the State, and it shall not enter into any agreement nor permit any aircraft to gain direct ground access to the sponsor's mrport from pitvate property adjacent to or in the immediate area of the airport Further, Sponsor shall not allow aircraft direct ground access to private property Sponsor shall be subject to tins prohibition, commonly known as a "through-the-fence operation," unless an exception is granted in writing by the State due to extreme circumstances, and It will acqmre all property interest identified as needed for the purposes of this project and comply with ail applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas in the acquisition of such property interest, and that mrport property identified within the scope of tins project and Attorney's Certificate of Property Interests shall be pledged to airport use and shall not be removed from such use without prior written approval of the State, and the Sponsor shall submit to the State annual statements of airport revenues and expenses, and all fees collected for the use of an airport or navigational facility constructed with funds provided under the program shall be reasonable and nondiscnnunatory The proceeds of such fees shall be used solely for the development, operation and maintenance of the airport or navigational facility Sponsor shall not be required to pledge income received from the mineral estate to airport use unless state and/or federal funds were used to acquire the mineral estate of mrport lands or any interest therein, and an A~rport Fund shall be established by resolution, order or ordinance in the treasury of the Sponsor, or evidence of the prior creation of an emsttng airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund, shall be subrmtted to the State Such fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retmned earmngs, and balances in the account are discernable from other types of monies identified ~n the fund as a whole All fees, charges, rents, and money from any source derived from airport operations must be deposited in said A~rport Fund and shall not be diverted to the general revenue fund or any other revenue fund of the Sponsor for any purposes other than operation of the airport All expenditures from the Parport Fund shall be solely for airport purposes Sponsor shall be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has complied with the requirements of this subparagraph, and k the Sponsor shall operate runway hghting at least at low intensity from sunset to sunrise, and insofar as ~t is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or m the immediate vicinity of the mrport to heights and activities compatible with normal airport operations as provided in Tex Loc Govt Code Ann Sections 241 001 et seq (Vernon and Vernon Supp ) Sponsor shall also acquire and retain aviation easements or other property interests In or rights to use of land or airspace, unless Sponsor can show that acquisition and retention of such interest will be impractical or will result in undue hardship to Sponsor Sponsor shall be lnehgtble 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 airport hazard zoning ordinance or order approved by the State, and m it will provide upon request of the State, and the engineering or planning consultant, copies of any maps, plans, or reports of the project site, applicable to or affecting the above project, and n after reasonable notice, it will permit the State and any consultants and contractors associated with th~s project, access to the project site, and will obtain permission for the State, consultants and contractors associated with this project, to enter private property for purposes related to th~s project o all development of an airport constructed with program funds shall be consistent with the Airport Layout Plan approved by the State and mmntalned by the Sponsor A reproducible copy of such plan, and all subsequent modifications, shall be filed with the State for approval, and p carry out and complete the project without undue delay and in accordance with the plans and specifications which are submitted to and approved by the staff The State has the option to withhold the payment of any State funds unless the plans and specifications have been completed and approved by the State, and q it will fully equip, maintain, and staff the control tower to provide sufficient and adequate control for the safe operation of the mrport, and r ~t will operate the control tower for at least ten years 2 The Sponsor certifies to the State that it will have acquired clear title in fee simple to all property upon which construction work is to be performed, or have acquired a leasehold on such property for a term of not less than 20 years, pno~ to the advertisement for bids for such construction or procurement of facthtles that are part of the above project, and w~thtn the timeframe of the project, a sufficient ~nterest (easement or otherwise) ~n any other property ~nterest whmh may be part of the project 3 The Sponsor, to the extent or,ts legal authority to do so, shall save harmless the State, the State's agents, employees or contractors from all claims and hab~hty due to act~wttes of the Sponsor, the Sponsor's agents or employees performed under th~s agreement The Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the State's agents, employees or contractors from any and all expenses, including attorney fees which rmght be ~ncurred by the State ~n ht~gat~on or otherwise resisting said clmm or hab~ht~es which m~ght be ~mposed on the State as the result of such activities by the Sponsor, the Sponsor's agents or employees 4 The Sponsor's acceptance of th~s Offer and ratification and adoption of the Agreement incorporated shall be evidenced by executmn of th~s ~nstmment by the Sponsor, as prowded, and the Agreement shall comprise a contract, constituting the obhgatmns and rights of the State of Texas and the Sponsor with respect to the accomphshment of the project and the operation and maintenance of the a~rport Such Agreement shall become effective upon execution ofth~s instrument and shall remain m full force and effect for a period of at least 20 years 5 The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project Sponsor agrees to assume respons~b~hty for operatmn of the facdlty ~n comphance with all applicable state and federal reqmrements ~nclud~ng any statutes, rules, regulations, assurances, procedures or any other d~rectlves before, during and after the completion of th~s project 6 The Sponsor by executmn ofth~s grant certifies that ~t has ~mplemented, or w~ll ~mplement dunng th~s project, an effective airport pavement maintenance-management program and ~t assures that ~t wdl use such program dunng the penod ofth~s Agreement It w~ll provide upon written request such reports on pavement condition and pavement management programs as the State determines may be useful Fadure to comply w~th th~s condition may make the Sponsor ~nehgible for future grants 7 The Sponsor shall have on file w~th the State a current and approved Attorney's Certificate of Parport Property Interests and Exhibit A property map 8 The Sponsor agrees to assume the respons~b~hty to assure that all aspects of the grant and project are done m comphance w~th all applicable state and federal reqmrements ~nclud~ng any statutes, rules, regulations, assurances, procedures or any other directives, except as otherwise specifically provided here~n 9 The Sponsor shall subrmt to the State the followmg a siting study for review and approval, and b documentation of official designation of the consultant selection committee, evaluation criteria, scoring matr, x and consultant ranking, and c evidence that selected design firm has previous control tower expellence, and d if property acquisition is funded under this grant, documentation of the professional service contracts (e g surveyor and appraisal), and negot,ation and settlement agreements, and e prior to entering into professional selwices contract copies of the independent engineering fee analysis and negotiation summary, and f advance notification of the project pre-design meeting, and g notification of design option selected, and h prehminary design plans, and prior to advert~sing for construction contract documents including drawings, specifications, bid documents, and draft construction contract, and prior to construction contract award bid tabulauon and recommendation of award, and k following execution copy of the construction contract, and advance notification of pre-construction meeting, and m prior to execution construction change orders and supplemental agreements, and n advance notification of the final inspection date 10 Responsibility of the State shall include, but not be limited to receive, review, approve and process Sponsor's reimbursement requests for approved services and materials supplied in accordance with approved contracts, no more than once a month PART IV - Recitals 1 This Agreement is executed for the sole benefit of the contracting parties and is not intended or executed for the direct or incidental benefit of any third party Furthermore, the State shall not be a party to any other contract or commitment wluch the Sponsor may 10 enter into or assume, or have entered ~nto or have assumed, ~n regard to the above project 2 Th~s Agreement ~s subject to the apphcable prows~ons of the V T C A Transportatton Code, T~tle 3, Chapters 21-22, et seq, (Vernon and Vernon Supp ), and the Anrpm~ Zomng Act, Tex Loc Govt Code Ann Sectmns 241 001 et seq (Vernon and Vernon Supp ) Fmlure to comply w~th the terms of th~s Agreement or w~th the aforementioned rules and statutes shall be constdered a breach of th~s contract and wdl allow the State to pursue the remedtes for breach as stated below a Of primary ~mportance to the State ;s comphance w~th the terms and conditions of th~s Agreement If, however, after all reasonable attempts to reqmre comphance have faded, the State finds that Sponsor ~s unwdhng and/or unable to comply w~th any of the terms and conditions of tlus Agreement, the State, may pursue any of the follow~ng remedies (I) require a refund of any financtal assistance money expended to the Agreement, (2) deny Sponsor's future requests for md, (3) request the Attorney General to bnng stat seeking reimbursement of any financial assistance money expended on the project pursuant to the Agreement herein, provided however, these remedies shall not hm~t the State's authority to enforce ~ts rules, regulatmns or orders as otherwise provided by law, (4) declare th~s Agreement null and void, or (5) any other remedy avmlable at law or in eqmty b Venue for resolutmn by a court of competent jurisdiction of any d~spute arising under the terms ofth~s Agreement, or for enforcement of any of the prows~ons of th~s Agreement, ~s specifically set by Agreement of the part~es ~n Traws County, Texas 3 The State reserves the right to amend or w~thdraw th~s Agreement at any t~me prior to acceptance by the Sponsor The acceptance period cannot be greater than 30 days after ~ssuance unless extended by the State 4 This Agreement constttutes the full and total understanding of the parttes concerning their rights and respons~bd~ttes ~n regard to ti'ns project and shall not be modified, amended, rescinded or revoked unless such mod~ficatton, amendment, resc~sston or revocatton ~s agreed to by both part,es ~n writing and executed by both parties 5 All comrmtments by the Sponsor and the State hereunder are subject to const~tutmnal and statutory hm~tations and restrictions b~ndmg upon the Sponsor and the State (including Sections 5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the avadab~hty of funds which lawfully may be apphed 11 Part V - Acceptance of the Sponsor The City of Denton, Texas does ratify and adopt all statements, representations, warranties, covenants and agreements constituting the described project and incorporated materials referred to in the foregoing Agreement, and does accept the Offer, and by the acceptance agrees to all of the terms and conditions of the Agreement Executed ttus __ day of ., 20__ Cl._gty of Denton, Texas Sponsor Witness Signature Signature Witness Title T~tle Certificate of Attorney I, ~9 ~r~'~t~c-r'~'- , acting as attorney for ('~f-~ oP ~'/r'~r~ , Texas, do cegt~ that I have ~lly exa~ned the foregoing Agreement and the proceedings taken by said Sponsor relating, and find that the ma~er of acceptance and execution, of the Agreement by the ~ mnsor, ~s m accordance with the laws of the State of Texas Dated at O E~ , Texas, th~s J ~ day W~tness Stgnature ~tt}~gnature W~tness T~tle 12 Part VII - Execution by the State Executed by and approved for the Texas Transportatton Commissmn for the purpose and effect of acttvatmg and/or carrying out the orders, estabhshed pohc~es or work programs and grants approved and authorized by the Texas Transportation Comm~ssion STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By Date 13 CERTI]?ICATION OF A1RPORr FUND 2he Sponsor does certify that an Airport Fund has been established fol the Sponsor, and that all fees, charges, rents, and money from any source derived from mrpoit operatmns will be deposited fui the benefit of the Airpolt I~und and will not be diverted for other general revenue fund expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport purposes Such fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earmngs, and balances in the account are discernible from other types of moneys identified in the fund as a whole The City of Denton has caused thls to be duly executed in its name, th~s ~9 / day of ~- ., 20/.)t ' C~t~ofDenton, Texas (Sponsor) Title Dlr of Management and Budget 14 AGENDA INFORMATION SHEET AGENDA DATE January 8, 2001 DEPARTMENT Airport and Transit Operations ACM Jon Fortune, ACM - Public Safety and Transportation Operations SUBJECT AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AMENDMENT NO 2 OF AN AGREEMENT DATED AUGUST 15, 2000 RELATING TO A GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS PROVIDED FOR IN THE AMENDMENT, AND DECLARING AN EFFECTIVE DATE (TxDOT ProJect No 2002DNTON, AND TxDOT CSJ No M218DNTON) BACKGROUND On February 18, 1997 the City of Denton entered ~nto an agreement with the Texas Department of Transportation, Aviation Dwm~on known as the Routine Airport Mmntenance Program (RAMP) The RAMP grant provides for a fifty percent (50%) state- funding match with the local government The grant has a cap of $30,000 of state assmtartce Tlus is an increase of $20,000 over the original 1997 RAMP grant The Dentor~ Municipal Airport currently has $30,000 ~n matching funds for a total of $60,000 to be applied toward mrport maintenance projects Airport Staff has ~dentffied several projects that could be completed with tlus grant ESTIMATED SCHEDULE OF PROJECT TxDOT is requesting two signed agreements to be returned expeditiously The State must approve its share of funding prior to the start of the project It ~s estimated that all projects wall be completed by August 31, 2002 PRIOR ACTION/REVIEW The City Attorney's Office has reviewed and approved this ordinance The A~rport Adwsory Board recommends approval of this agreement FISCAL INFORMATION The City's fifty percent (50%) match of $60,000 is $30,000 Funds have been anthonzed for the RAMP grant ~n the 2001-2002 A~rport Budget EXHIBITS Ordinance TxDOT Grant Agreement CSJ No M218DNTON Respectfully submitted / D~ctor of Airport and Transit Operations ORDINANCE NO . AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AMENDMENT NO 2 OF AN AGREEMENT DATED AUGUST 15, 2000 RELATING TO A GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS PROVDED FOR IN THE AMENDMENT, AND DECLARING AN EFFECTIVE DATE (TxDOT ProJect No 2002DNTON, AND TxDOT CSJ No M218DNTON) WHEREAS, Pursuant to Ordinance No 2000-258, the City of Denton and the State of Texas acting through the Texas Department of Transportation ("TxDOT") entered into an agreement dated August 15, 2000 relating to a grant for routine maintenance program (the "Maintenance Agreement"), and WHEREAS, Pursuant to Ordinance No 2001-155 the City and TxDOT entered into an Amendment No 1 to the Mmntenance Agreement, and WHEREAS, TxDOT has presented to the C~ty an Amendment No 2 to the Mmntenance Agreement, a copy of which is attached hereto and made a part hereof by reference ("Amendment"), and WHEREAS, the City Council finds that the Amendment is ~n the pubhc ~nterest, NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SF.(2TION 1. The Cxty Manager of the City of Denton, or his designee, is hereby authorized to execute the Amendment on behalf of the City of Denton S~.(2TIAN! 2 The C~ty Manager ~s hereby authorized to expend such funds as are prowded for in the Mmntenance Agreement as amended SRCTIONT ~ This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM ~~,~¢/~TY A~TO~ TEXAS DEPARTMENT OF TRANSPORTATION GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM (Grant for State Assisted Airport Routine Maintenance) Amendment No 02 TxDOT ProJect No AM 2002DNTON TxDOT CSJNo M218DNTON The City of Denton, referred to as the "Sponsor", and the Texas Department of Transportation, referred to as the "State," have entered into a Grant For Routine Airport Maintenance Program, TxDOT CSJ Number MI 18DNTON, executed by the Sponsor on April 17,2001, and by the State on May 2, 2001, for the routine maintenance of the Denton Municipal Airport It is m the mutual interest of the Sponsor and the State to amend the Grant at this t~me to update the necessary maintenance items and extend the term of the grant for the new fiscal year The following amendment to the Grant shall become effective upon execution of this Amendment by the Sponsor and the State State financial assistance granted will be used solely and exclusively for airport maintenance and other incidental ~tems as approved by the State Actual work to be performed under this agreement ~s found on Attachment A, Scope of Services State financial assistance, Amount B, will be for fifty percent (50%) of the eligible project costs for this project or $30,000 00, which ever ~s less, per fiscal year and subJeCt to availability of state appropriations Scope of Services, Attachment A, of this Grant, may be modified by letter from the Sponsor with concurrence of the State if no additional funds are reqmred The Grant is amended to include Attachment A - Scope of Services attached and made a part of this agreement Work shall be accomplished by August 31, 2002 unless othervase approved by the State All other terms and condmons of the agreement are unchanged and remain in full force and effect AVN4301A DOC(9/2001 ) 5 GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM ATTACHMENT A Amendment No 02 Scope of Se~wices TxDOT CSJNo M218DNTON PAVEMENTS $47,000 00 $23,500 00 $23,500 00 GENERAL MAINTENANCEI $0 00 $0 00 $0 00 PAVEMENT MARKINGS $0 00 _ $0 00 $0 00 GRADING/DRAINAGE $8,000 00 $4,000 00 $4,000 00 MISCI~.I .I.ANEOUS - $5,000 00 $2,500 00 $2,500 00 MOWING Total $60,000 00 $30,000 00 $30,000 00 Accepted by C~tv of Denton, Texas Signature Date Notes (explanations of any specifications or variances as needed for above scope items). City to ~o pavement maintenance by continuation of reconstructton of airport access roads, aproa and taxlwa¥ mmntenanee, fencing (improvements to gate operators) and maintenance of current . drainage system State will retmburse the City 50% of actual contracted and matertals costs As stated m Part II, Item 5, of the original grant agreement - The State will not partlmpate in funding for force account work conducted by the Sponsor AVN4301A DOC(9/2001) 6 Acceptance of the State Executed by and approved for the Texas Transportation Comnussmn for the purpose and effect of activating and/or carrying out the orders, estabhshed pohcms or work programs and grants heretofore approved and anthol~zed by the Texas Transportation Commission STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By Date 7 AVN4301A DOC(9/2001 ) DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE TxDOT CSJ Number M218DNTON TheC~tyofDentondemgnates, MARK NELSON, DIRECTOR OF AIRPORi' & TRANSIT 0PI~RATION (Name, 1 ~tle) as the Sponsor's authorized representahve, who shall ~ece~ve all correspondence and documents assomated with thru grant and who shall make or shall acqmrc approvals and chsapprovals for th~s ant as required on behalf of the Sponsm C~ty of Denton, Texas (Sponsor) By T~tle CITY MANAGER Date DESIGNATED REPRESENTATIVE MmhngAddress 5oo0 AIRPORT ROAD DENTON, TX 76207 PhymcalAddress 5000 AIRPORT ROAD DENTON, TX 76207 Telephone/Fax Number (940) 349-7702 Fax (940) 349-7289 AVN4301A DOC(9/2001) 8 AGENDA DATE: January 8, 2002 Questions concermng th~s acqms~tmn may be thrected DEPARTMENT Materials Management to hm Coulter 349-7194 ACM Kathy DuBose, F~scal and Mumc~pal Serwces ~> SUBJECT: An Ordinance accepting competitive b~ds and awarding a pubhc works contract for the reconstructmn of the water and wastewater facilities on US I-hghway 77, US I-hghway 380 and Sherman Drive, prowd~ng for the expenthture of funds therefore, and prowdmg an effecttve date (B~d 2775- Water/Wastewater Relocation for US Htghway 77, US I-hghway 380 and Sherman Drive Reconstruction awarded to Jagoe Pubhc Company ~n the amount of $2,069,514) BID INFORMATION Tlus hd ~s for constructmn of approximately 12,250 feet of waterhne, 10,800 feet of samtary sewer hne, and assocmted fire hydrants, valves, casings, excavatmn, traffic control, s~dewalk ~mprovements and erosmn control The proJect(s) will mn along US Fhghway 77 from I35 southeast toward Loop 288 and from R~ney Road along US H~ghway 77 (North Elm to College Street as well as along Sherman Drive from Carroll Blvd to Locust Street The relocatmn of the ut~hty facfl~ttes ~s necessary due to the w~demng and renovatmn of US iChghway 77 (North Elm) from I35 to Umvers~ty Drive PRIOR ACTION OR APPROVAL. The Pubhc Utfltty Board will rewew these b~ds and make a recommendatmn on January 7, 2002 RECOMMENDATION We recommend thts b~d be awarded to the lowest responsible b~dder, Jagoe Pubhc Company, ~n the amount of $2,069,514 and that alternates one and two not be accepted PRINCIPAL PLACE OF BUSINESS: Jagoe Pubhc Company Denton, Texas ESTIMATED SCHEDULE OF PROJECT. Th~s project ~s scheduled for completmn w~th~n 180 working days from not~ce to proceed or approximately the rmddle of September 2002 Agenda Information Sheet January 8, 2002 Page 2 FISCAL INFORMATION: Funding for th~s project will be provided through Revenue Bonds using the following account numbers Water- 63001900 ($1,123,247) and Waste/Water- 64009000 ($946,268) p53u Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulatmn Sheet 1676 doc 2 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE RECONSTRUCTION OF THE WATER AND WASTEWATER FACILITIES ON US HIGHWAY 77, US HIGHWAY 380 AND SHERMAN DRIVE, PROVDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2775 - WATER WASTEWATER RELOCATION FOR US HIGHWAY 77, US HIGHWAY 380 AND SHERMAN DRIVE RECONSTRUCTION AWARDED TO JAGOE PUBLIC COMPANY IN THE AMOUNT OF $2,069,514) WHEREAS, the City has sohmted, received and tabulated competlt~ve bids for the construction ofpubhc works or improvements m accordance with the procedures of STATE law and City ordinances, and WHEREAS, the C~ty Manager or a designated employee has received and recommended that the hereto described b~ds are the lowest responsible blds for the construction of the pubhc works or improvements described m the bid invitation, bid proposals and plans and specifications thereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive b~ds for the constmctmn ofpubhc works or ~mprovements, as described m the "B~d Inmtat~ons", "Bid Proposals" or plans and specfficatmns on file m the Office of the C~ty's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible b~ds BID NUMBER CONTRACTOR AMOUNT 2775 Jagoe Pubhc Company $2,069,514 SECTION II That the acceptance and approval of the above competlt~ve b~ds shall not constitute a contract between the City and the person submitting the b~d for construction of such public works or ~mprovements hereto accepted and approved, until such person shall comply w~th all reqmrements spemfiecl m the Notice to B~dders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance cemficate after notification of the award of the b~d SECTION 1II That the C~ty Manager ~s hereby authorized to execute all necessary written contracts for the performance of the construction of the pubhc works or improvements m accordance with the b~ds accepted and approved herein, provided that such contracts are made ~n accordance with the Notme to Bidders and Bid Proposals, and documents relating thereto spemfy~ng the terms, condmons, plans and spemficatmns, standards, quant~tms and specified sums contained there~n SECTION IV That upon acceptance and approval of the above competxtxve b~ds and the executmn of contracts for the pubhc works and improvements as authorized herein, the C,ty Council hereby authonzes the expendxture of funds xn the manner and m the amount as spemfied m such approved bids and anthonzed contracts executed pursuant thereto SECTION V That this ordinance shall become effective ~mmedxately upon ~ts passage and approval PASSED AND APPROVED th~s the day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BID 27 AGENDA DATE. January 8, 2002 Questions concermng this acqmsltlon may be directed DEPARTMENT. Materials Management to Ross Chadwick 349- 810i ACM Kathy DuBose, Fiscal and Municipal Services -~ SUBJECT. An Ordinance approving the emergency purchase of a cab/chassis and Advanced Life Support Module repmrs in accordance wuth the provisions of state law exempting such purchases from reqmrements of competitive bids, and providing an effective date (Purchase Order 102245- Jack Roach Ford/Frazer, Inc in the amount of $39,000) BID INFORMATION. Ttus purchase order is for the emergency purchase of a Ford F350 Ambulance Chassis and repmr to an Advanced Life Support Module This unit was involved in a motor vehicle accident on October 27, 2001 The Fire Chief, Ross Chadwick, has declared th~s acquisition an emergency Frazer, Inc is the original manufacturer of the module and has the F350 chassis in stock Their turnaround time is minimal and they can start the repmrs upon receipt of a purchase order The chassis is being purchased through Jack Roach Ford as required by the State that all new vehicles must be purchased by a licensed Texas Dealer RECOMMENDATION We recommend Purchase Order 102245 be approved to Jack Roach Ford/Frazer, Inc tn the amount of $39,000 PRINCIPAL PLACE OF BUSINESS: Jack Roach Ford/Frazer Inc Houston, Texas ESTIMATED SCHEDULE OF PROJECT Jack Roach Ford/Frazer, Inc has the chassis in stock and has indicated they can repair and mount the module on the new chassis w~thm two weeks of receipt of a purchase order and the damaged unit Agenda Informatton Sheet January 8, 2002 Page 2 FISCAL INFORMATION Funding for th~s emergency purchase w~ll come from R~sk Retention Funds and w~ll be reimbursed after the insurance settlement Re._spect full~ s~mltted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 102245 Attachment 2 Quote From Frazer, Inc Attachment 3 Memo from Chief Ross Chadwack 1677 doe 2 Attachment 1 ~_~ '~,, ~, ~ lo Attachment 2 PHONE (715) 772 $~tl FAX - (7t 3;. G95 0541 (888) 372 9a7t L~AO;R$ IN CUSTOM FABRICATING Mr Joe Ham~ C~t~ of D~nton Fax 94~349-?122 ~uot~3600 DC~ Sir, P~r your r~quost we are quoting rcmo~tin~ your modul~ onto a 2002 Ford ~-3 ~0 Completo romount $ %000 00 Cr~it for ~ed ~n~l~ -$ SOO O0 Tank -$ 4S0 O0 Mounting strips -$ 50 00 No stnp~ on driver's cnb -$ 200 00 Add{~onnl Dom~tall MDC s~d $ 100 00 Pnmt drivers ~b $ 500 00 Pmnt wheels $ 500 00 Rmnoveand ~msmll Or~m~ $ 2,300 00 Ewlu~c moda)~ sy~{~m~ $ 300 00 2002 F-350 XLT chasms ToEal $39,000 00 Thru ~stlma[~ may v~ dcpcndm~ upon un~own problems W~ wall adv{so you of any {hal moro~c m proc ~ z result ofd~op~r Smc~roly, Jo~ Onffin, Sr Frazer, lac Promdont Attachment 3 MEMORANDUM TO Tom Shaw, Materials Management Djf. ector FROM Ross Chadwick, F~re Ch~j~ DATE December 18, 2001 / RE Emergency Purchase of Ambulance Chasms On October 27th,2001, Med,c 6 (ID# FD0129) was revolved In a motor vehicle accident and sustained heavy damage Th~s loss ~s putting a heavy strain on our remaining medic umts I am requesting an emergency purchase of a new 2002 Ford F-350 chasms to be fitted w~th the Advanced Life Support Module from the damaged chasms The City of Denton must use Frazer Inc as the sole source prcv~der as Frazer Inc Is the original manufacturer, has the chassis avmlable for ~mmedmte installation, and can guarantee quality workmanship and qu~ck turn-around Their quote is attached Please g~ve thru request your utmost attention ORDINANCE NO AN ORDINANCE APPROVING TI-{E EMERGENCY PURCHASE OF A CAB/CHASSIS AND ADVANCED LIFE SUPPORT MODULE PdEPAIRS IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQU1P~MENTS OF COMPETITIVE BIDDING, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 102245 TO JACK ROACH FORD/ FRAZER, INC IN THE AMOUNT OF $39,000) WHEREAS, state law and ordinance reqmre that certmn contracts requmng an expenditure or payment by the C~ty in an amount exceeding $25,000 be by competmve b~ds, except m the case of public calarmty where ~t becomes necessary to act at once to appropriate money to relieve the necessity of the c~t~zens of the c~ty, or m case of unforeseen damage to public property, machinery or equipment, and, WHEREAS, the City Manager has recommended to the City Council that ~t ~snecessary to purchase goods or services due to the emergency conrht~ons outhned ~n the file of the office of the City's Purchasing Agent, which ,s incorporated here~n by reference and ~s m compliance w~th the requ, rcments of Subsection Chapter 252 022 (2) of the Texas Local Government Code, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the C~ty Council hereby deterrmnes that th~s procurement ~s necessary to preserve and protect the pubhc health and safety of the C~ty's residents, and the following emergency purchases of materials, eqmpment, supplies or serwces, as described ~n the "Purchase Orders" referenced here~n and on file the office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 102245 Jack Roach Ford/ $39,000 c/o Frazer, Inc SECTION 2 That because of such emergency, the City Manager or designated employee is hereby authorized to purchase the materials, eqmpment, supphes or serwces as described m the attached Purchase Orders and to make payment therefore ~n the amounts therein stated, such emergency purchases being m accordance w~th the prowslons of state law exempting such purchases by the C~ty from the requirements of competitive bids SECTION 3 Th~s ord, nance shall become effective ~rarned~ately upon ~ts passage and approval PASSED AND APPROVED th~s the day of ,2002 EULiNE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERTyRO~7, CITY ATTORNEY BY 102245 EMEROENf~SE ORDER ORDINANCE -01/02 2 AGENDA DATE 3'anuary 8, 2002 Questions concermng tlus acqmsltlon may be directed DEPARTMENT Materials Management to Alex Pettlt 349- 8595 ACM Kathy DuBose, F~scal and Municipal Servtces '~ SUBJECT An Ordinance of the City Council of the C~ty of Denton, Texas authonzmg the Ctty Manager or his designee to execute an agreement on behalf of the C~ty of Denton to purchase Laser Fiche Document Imaging Apphcatton Services from VP Imaging, through a Qualified Information Service Vendor (QISV) of the State of Texas, and providing an effective date (Purchase Order 102246- to VP Imaging, ~n the amount of $83,643 BID INFORMATION. This Purchase Order 102246 to VP Imaging of Lubbock, Texas, is for the purpose of expanding and extending the Laser F~che document imaging apphcatlon that currently is being used in the City Secretary's office and m the Legal Department to include Human Resources, Tax, Mumc~pal Court, Eng~neenng, Utthty Adm~mstrat~on at City Hall, and Utdlty Adm~mstratlon at the Sermce Center Tlus purchase order will increase the number of user licenses, Snapshot users, and Laser F~che emanl from 2 to 10, the number of remeval licenses from 10 to 25, and wall add 10 "floater" user licenses that can be used on other workstations when the primary user hcenses are not active Tins purchase order adds s~x 20 page per minute duplex scanners to the locations mentioned, and covers installation and configuration of the scanners and products Also included is the annual maintenance for the products, and 40 hours of on-site traxnmg and on-s~te support to be used as reqmred The applications provide the follow~ng Webhnk Enterprise- Links the document storage to web servers for access via browser, Enterprise Edition- ma~n user l~cense for the workstations that are attached to the scanners ~n the departments, Tooll~t- contains lntegratnon utd~t~es, Chent Addition- allows the Enterprise Edition licenses to be used at another workstation when not being used by the primary user- allows document man~pulatxon, Snapshot- allows d~rect printing to Laser fiche from apphcatlons thereby ehm~natxng the "pnnt to paper, then scan" step These products are obtained from VP Imaging of Lubbock, Texas, a Qualified Information Services Vendor (QISV) approved by the General Services Commission of the State of Texas RECOMMENDATION. We recommend Purchase Order 102246 be approved to VP Imaging in the amount of $83,643 PRINCIPAL PLACE OF BUSINESS VP Imaging Lubbock, Texas Agenda Information Sheet January 8, 2002 Page 2 ESTIMATED SCHEDULE OF PROJECT. Hardware can be si'upped w~thm 30 days and mstallatmn can be completed w~thm the following 30 days FISCAL INFORMATION Funding for th~s project ~s avmlable from Technology Serwces Account 830600 Respectfully s._ubmltted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 102246 Attachment 2 Quote From VP Imaging Attachment 3 QISV Certfficatmn 1678 doc 2 ~__ Attachment ~. ~ ~ Attachment 5 Attachment 2 QUOTE PO Box 94011 Lubbock, Texas 79493 806-784-0055 FAX 806-771-0925 quote # 31624 VID# 1752738222400 Date' Dec :18, 2001 VPI Contact To~ Mary Co~ltas , Cody Settls C~ty of Denton Customer ID 215 E McKmney Street City Denton Denton, TX 76201 Note All quotes expire 30 days from above date 940-349 8129 Fax 940-349-8236 Call your VPI contact for ~ changes l,em DesC:rlptlo. LFWE Las~rFmhe Woblmk Enterpnso ~ 10,595 00 LF£10 a 10 user [ 19~95 00 17,360 00 aof LFRE25 LaserF~ch~ NLM Enterprise Retrieval Pack I (25 removers) [ 7095 00 5,478 00 Loss Trade-in of LaserFtche Roinoval Pack 10 RP LFTK Las*rFtoho ToolKit Module ~ 2,375 00 CaserFmhe Cheat Addmon 10 pack, t~n ad&tlonal chcnts ~ 2,800 00 LFS10 Snapshot 10 us~r [ 1895 O0 1,556 O0 Loss Trade-in of' LaserFtche Snapshot 2 user -~L~ ,._.._,_.,,_._ LaserFxche MAPI Emafl 10 user [ 94.5 00 777 00 Loss Trade-in of LaserF~ohe MArl Emafl 2 user LFLSAP LaserFmhe Renewal Support for one year This includes LaserFmho 1.5,63800 point upgrades VP Imaging Technmal Support, on~ year, Unlimited Support vm phone, fax, emml, M-F, 8AM-~PM, CST, Call Toll free 800-3.53-2320 LaserFmhe LSAP for tho following ~tems LF Enlerpnse 10 User, LF Enterprise RP 2~, LF 10 Chcnts, LF WebLmk, ~etwork, Addltlollal Users " 4,900 0"-"--'---~ VPIYR Oil-Site Training and On-Site Support (40 hours), one year~ To be dw~dod as neoded, Minimum 4 hour block Increase v~ewers to 50RP instead of 25RP Add dtfforonce of amount to subtotal $4,05000 Subtotal $ 63,929 O0 Additional VPlmagmg On-site TechntcalServ~ces ' are avadable as needed Tax Exempt Freight moluded Bal Due 7 Attachment 2 PO Box 94011 Lubbock, Texas 79493 806-784-0055 FAX 806-77~-0925 Quote # 3203/31~23 VID# 1752738222400 Date Dec 11, 2001 Page 2 of 2 ' VP! Contact To Mary Collies Cody Berrie C~ty of Denton Customer ID 215 E McKinany Street City Denton Denton, TX 76201 Note Allquotes expire 30 days from above date D40-349-8129 Fax 940-349-8236 Call your VPI contact for changes ,,qtY Stem .... Description Unit Pr ' ,T0ta~ 1 PA25 anasomc KV-SS25D, Product[on Series, 20 ppm Duplex scann~, 100 2,995 O0 ACC page Automatic Document feeder, SCSI Card/6' cable 1 PA55 Panasomc KV-SS5EX, Productmn Series, 40 ppm Duplex scanner, 3,995 00 100page Automatic Docum~at feeder, SCSi Card/6' cable PA65L Panasomc KV-S2065L, Production Series, 62ppm, Duplex scanner, 6,495 O0 300 pag~ Automatic Document f~der, SCSi Card/6" cable, up to 8 5x14" PA65W Panasomc, KVS2065W, Producuon serms, 62ppm, Duplex scanner, 7,200 00 300ADF, SCSI Card and 6~ SCSI cable, up to 11 7x 14" 1 FU3091DC Fujitsu, 3091DC, Color scanner. Duplex, ! 5ppm, 30ADF, up to 8 $x14 895 00 KAE Kofax Adrenahne Engine 299 00 VPIIN VP Imaging InstallaUon Scanner install ~ $250 00 each 250 00 NOTE: Need ~:o purchase Kofax Adrenaline Engine for each scanner, $299 per unit yr PANS 2nd Year Support for Scanner $82 50 = $65 00 Per Additional Hour + Parts, We always call with esu mate for parts, total repmr plus freight Attention Mary Subtotal Listed above are the scanners Please review "note" Kofax needed for Tax Exempt each scanner purchased Call and let me know if you have any questions or need addltmnal mformanon Freight 75 O0 Bal Due Attachment 3 '~-~-~ ' General Services Commission ' ~ ~ 1711 S~ ~acmto - PO Box 13~7 A~s~n, Texas 78711-3~7 Web S~to wwwgsc s~ ~ us (512) 463-3035 Apn123, 1998 VP lrnag~ng, Inc P O Sox 94011 Lubbock, Texas 79493 Re QISV Catalogue Approval VID~ 1-78-273-8222-400 Dear S~r or Madam Your catalogue has been approved and your firm a now des~gnatad as a Qualified Informat on Systems Vendor (QISV) It la required that a copy of this letter and catalogue cover page be included w~th each copy of the approved catalogue and subsequent updates that are prowded to eligible ent~t~es The catalogue purchasing procedure m required by all State of Texas agencies, and ~s available to local governments (mun~clpellt~ee, counties, school d~sthcta, otc ) that are members of the General Services Commission (GSC) Cooperative Purchasing Program These eligible entities have full authority to utilize the Catalogue Purchasing Program (CPP) To rnalntam your QISV status there are several requirements your company must meet on an ongoing bas~s Fadure to meet these requirements could result in suspension from the GSC Centralized Master B~dders Lmt'(CMBL) and CPP Your company must maintain an active status on the CMBL, paying fees and any other requirements designated by CMBL Another is the Texas Admlnistrat~ve Code (TAC) 113 19(k) which requires a QISV to provide the CPP w~th an annual report detailing the volume and value of orders placad by each eligible entity This Information ~s required the 15th day of every September for the previous year It Js imperative that the GSC be updated with the most current Information concerning your company Changes to point.of-contact ~nformation (contact person, address, otc ) must be indicated on the Catalogue Cover Page,~a copy of which must be provided to CPP Indicating the rews~on(s) The Catalogue Cover Page Is part of the application packet or located on the G$C Infemet rote Your approved QISV catalogue may be updated or amended at any time Changes to the products or services provided, including pncmg~ must be m writing and submitted to the CPP and all catalogue holders prior to your catalogue being considered updated We look forwar~ to your continued success with the program and the State of Texas If you need to contact the CPP, you may do so at 512-463-8889, fax 512-463-3543 or E-mail gsc-qisv~gsc state tx us You may wmh to view our Intamet home page at www gao state tx us for more mformat~on about the program S~ncaraly, J~nle L Spiegel Program Administrator Catalogue Purchasing Program cc Catalogue Vendor File JLS 9 ORDINANCE NO AN ORDINANCE OF Tt-~ CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF DENTON TO PURCHASE LASER FICHE DOCUMENT iMAGING APPLICATION SERVICES FROM VP iMAGING, THROUGH A QUALIFIED INFORMATION SERVICE VENDOR (QISV) OF THE STATE OF TEXAS, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 102246 - TO VP IMAGING, IN THE AMOUNT OF $83,643 WHEREAS, the City Counml of the Ctty of Denton has heretofore adopted Resolution 92-019 pursuant to Seetaon 2157 067 of the Texas Government Code and Sections 271 082 and 271 083 of the Texas Local Government Code which anthonzes the City to partmipate in the State Purchasing General Servmes Conmusslon's Qualified Information Service Vendor Catalogue Purchase Method provided for in Subchapter B of Chapter 2157 of the Texas Government Code (the "QISV Catalogue"), and WHEREAS, the herein described vendor as a qualified vendor in the QISV Catalogue and the contract anthonzed by tbas orchnance as m the best interests of the City and complies wtth the requirements of Subchapter B of Chapter 2157 of the Texas Government Code as a QISV Catalogue purchase, and WHEREAS, the City Council has provtded m the City Budget for the appropnataon of funds to be used for the purchase of the materials, eqmpment, supplies or services approved and accepted hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file an the office of the Purchasing Agent, are hereby approved PURCHASE ORD]~R VENDOR AMOUNT 102246 VP Imaging $83,643 SECTION 2 By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons subtmttang the bids to the General Services Corarmsston for such items and agrees to purchase the matenal~, eqmpment, supphes or services in accordance with the terms, conditions, spemficat~ons, standards, quantities and for the specified sums contained in the bid documer~ts and related documents filed with the General Services Comrmsston, and the purchase orders issued by the Ctty SECTION 3 Should the City and persons submitting approved and accepted ~tems set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or his destgnated representative is hereby authorized to execute the written contract, provided that the written contract is tn accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted SECTION 4 By the acceptance and approval of the above numbered items set forth in the subject purchase orders, the City Council hereby authorizes the expenditure of funds there-for ~n the mount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION 5 TI'ns ordinance shall become effecttve immediately upon ~ts passage and approval PASSED AND APPROVED ti'ns day of , 2002 EUI,INE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 1Bo2Y246~,~s Ord n~ ncc - 2002 AGE OAI O . TIONSHEET .... - AGENDA DATE. January 8, 2002 Questmns concermng this acquisition may be d~rected to DEPARTMENT: Materials Management Brace Hemngton 349- 8134 Kathy DuBose, F~scal and Mumc~pal Serv~ces~ ACM. SUBJECT: An Ordinance of the City Council of the City of Denton, Texas authorizing the City Manager or h~s designee to execute a change order to a purchase order for the supply of office furniture between the City of Denton and Texas Furniture Source, Inc, providing for an increase m the quantity, and an ~ncrease ~n price and providing for the expenditure of funds therefore, and providing an effecttve date (Purchase Order 101757- to Texas Fumlture Source, in the amount of $23,309 02 plus change order one ~n the amount of $8,454 62 ) CHANGE ORDER INFORMATION. Th~s change order one ~s to add furmture to Purchase Order 101757 issued to Texas Furmture Source The original order was issued for $23,309 02, addltmnal furniture has been requested ~n the amount of $8454 62, ~ncmas~ng the order to $31,763 64 The furniture is being ordered through an Interlocal Agreement w~th the State of Texas for HON furmture to match existing furmture at C~ty Hall West The original order was for F~re Prevention offices to be relocated to City Hall West The addmonal furmture is for the Intemal Auditor's office, which is also being relocated to City Hall West RECOMMlgNDATION: We recommend Purchase Order 101757 be rewsed ~n the amount of $8454 62 as per change order one for a total expenditure of $31,763 64 PRINCIPAL PLACE OF BUSINESS' Texas Furniture Source Carrollton, Texas ESTIMATED SCHEDULE OF PROJECT' The original order for furniture was placed on November 27, 2001 and should be delivered the third week of January 2002 Furmture on change order one would be dehvered m six weeks or approximately the first week m March 2002 Agenda Informatton Sheet January 8, 2002 Page 2 FISCAL INFORMATION Funding for th~s change order wall be provided by Fac~ht~es Management Account 10000800 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 101757 ($23,309 02) Attachment 2 Purchase Order 101757 ($ 8,454 62) Attachment 3 Quote for Change Order 1 1679 doc Attachment 2 ~.~ ~ o z, ~ ~ o ~ z : _z~ ~ ~ z Attachment 3 .-oooo ~o~ ~~o ~o~o,oo~ ~ ~E E o ~ ~ ~ 0 5 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CHANGE ORDER TO A PURCHASE ORDER FOR THE SUPPLY OF OFFICE FLrRNITURE BETWEEN THE CITY OF DENTON AND TEXAS FURNITURE SOURCE, INC, PROVIDING FOR AN INCREASE IN THE QUANTITY, AND AN INCREASE IN PRICE AND PROVIDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 101757 - TO TEXAS FURNITURE SOURCE, IN THE AMOUNT OF $23,309 02 PLUS CHANGE ORDER ONE IN THE AMOUNT OF $8,454 62 WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Comunss~on has sohc~ted, received and tabulated competitive b~ds for the purchase of necessary materials, equipment, supplies or services ~n accordance w~th the procedures of state law on behalf of the C~ty of Denton, and WHEREAS, on November 29, 2001, the C~ty awarded a purchase order to Texas Furniture Source ~n the mount of $23,309 02 for office furmture, C~ty Hall West WHEREAS, the C~ty Manager or a designated employee has rewewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the C~ty through the General Services Commission programs at less cost than the C~ty would expend ~f b~dd~ng these items individually, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the change order one ~ncreas~ng the amount of the purchase agreement between the City and Texas Furmture Source copy ofwhmh is on file in the office of the Purchasing Agent, ~n the mount of E~ght Thousand Four Hundred Ftfty Four and 62/100 dollars ($8,454 62), ~s hereby approved and the expenditure of funds therefore ~s hereby authorized The total purchase order amount is amended to read $31,763 64 SECTION II That by the acceptance and approval ofchange order one to the purchase order on file ~n the office of the Purchasing Agent, the City accepts the offer of the persons submitting the bids to the General Servmes Comunsslon for such items and agrees to purchase the materials, eqmpment, supplies or services ~n accordance w~th the terms, conditions, spemficatlons, standards, quantities and for the specffied sums contmned ~n the b~d documents and related documents filed w~th the General Services Comm~sslon, and the purchase orders ~ssued by the C~ty SECTION III That should the C~ty and persons submitting approved and accepted ~tems set forth ~n the change order one w~sh to enter into a formal written agreement as a result of the C~ty's ratfficatlon of b~ds awarded by the General Servmes Commission, the C~ty Manager or h~s designated representative is hereby authorized to execute the written contract which shall be substantially the same as the documents on file ~n the office of the Purchasing Agent, provided that the written contract is in accordance with the terms, condlttons, spemficatmns and standards contained in the Proposal submitted to the General Servmes Commlss,on, quant, t~es and specified sums contmned in the change order one, and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the hsted items set forth in the change order one, the C~ty Council hereby authorizes the expenditure of funds therefor in the amount and in accordance w~th the purchase orders issued by the City or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That this ordinance shall become effective lmmedmtely upon its passage and approval PASSED AND APPROVED this day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS %O-J EGAL HERBERT !,~TY, GI~ffATTORNEY u chase Order 101757~ex~ Furmture Source - Change Order 2002 AGENDA INFORMATION SHEET AGENDA DATE. January 8, 2002 Questions concermng this acqmslt~on may be directed DEPARTMENT Materials Management to Tom Shaw 349-7100 ACM Kathy DuBose, Fiscal and Municipal Services ~ SUBJECT An Orchnance accepting competitive bids and awarding an annual contract for the purchase of ready mix concrete and portland cement, providing for the expenditure of funds therefore, and providing an effective date (Bid 2773- Annual Price Agreement for Ready Mix Concrete and Portland Cement awarded to Lattlmore Materials Company and Texas Industries (TXI) in the annual estimated amount of $530,000) Thts bid is for the annual contract to supply sack portland cement and varmus mixtures of ready mixed concrete for the City of Denton The successful bidder will prepare and dehver to the various job sites throughout the City of Denton, premlxed concrete and slurry mix at the direction ofmty staff Concrete will be ordered as needed and quantities will vary ~ECOMMENDATION. We recommend this bid be awarded to the lowest responsible bidders, Texas Industries (TXI) for Items 1, 2, and 3, Latt~more Materials Company for Items 4-8 .PRINCIPAL PLACE OF BUSINESS. Lattlmore Materials Company Texas Industries (TXI) Denton, Texas Denton, Texas ESTIMATED SCHEDULE OF PROJECT Normal delivery of concrete related materials is 2-4 hours or by prearranged designated times Agenda Information Sheet January 8, 2002 Page 2 FISCAL INFORMATION Funding for these materials wxll come from the appropriate budget or CIP account Respectfully submitted Tom Sha,~, C'P-M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 2 Attachment 1 3 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF READY MIX CONCRETE AND PORTLAND CEMENT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2773 - ANNUAL PRICE AGREEMENT FOR READY MIX CONCRETE AND PORTLAND CEMENT AWARDED TO LATTIMORE MATERIALS COMPANY AND TEXAS INDUSTRIES (TXI) IN THE ANNUAL ESTIMATED AMOUNT OF $530,000) WHEREAS, the C~ty has sohc~ted, received and tabulated compem~ve b~ds for the pumhase of necessary materials, eqmpment, supphes or services ~n accordance w~th the procedures of STATE law and C~ty ordinances, and WHEREAS, the C~ty Manager or a designated employee has reviewed and recommended that the here~n described b~ds are the lowest responsible b~ds for the materials, eqmpment, supphes or servmes as shown m the "B~d Proposals" subm, tted therefore, and WHEREAS, the C~ty Counml has prowded m the C~ty Budget for the appropnaUon of funds to be used' for the purchase of the materials, eqmpment, supphes or servmes approved and accepted hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the numbered items m the following numbered bids for materials, eqmpment, suppl, es, or sermces, shown ~n the "B~d Proposals" on file ~n the office of the C~ty Purchasing Agent, are hereby accepted and approved as being the lowest responsible b~ds for such items BID NUMBER VENDOR 2773 Latt,mom Materials Company See Exhibit A Texas Industries (TXI) SECTION 2 That by the acceptance and approval of the above numbered ~tems of the submitted Ib~ds, the C~ty accepts the offer of the persons submitting the b,ds for such items and agrees to purchase the materials, eqmpment, supphes or servmes m accordance with the terms, spemficaUons, standards, quanUnes and for the specified sums contmned m the B~d Inwtat~ons, Bid Proposals, and related documents SECTION 3 That should the C~ty and persons submitting approved and accepted ~tems and of the submitted b~ds wish to enter into a formal written agreement as a result of the acceptance, approval, and award, ng of the b~ds, the City Manager or h~s designated representative is hereby authorized to execute the written contract wluch shall be attached hereto, prowded that the written contract m m accordance with the terms, conditions, specfficat~ons, standards, quantities and specified sums contained ,n the B~d Proposal and related documents hereto approved and accepted SECTION 4 That by the acceptance and approval of the above numbered Items of the submitted b~ds, the C~ty Council hereby anthonzes the expen&ture of funds therefor in the amount and m accordance w~th the approved b~ds or pursuant to a written contract made pursuant thereto as anthonzed hereto SECTION 5 That th~s ordanance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED this day of ,2002 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM 2773 SUPPLY ORDINA~0~ 2 EXHIBIT A Vendor Item # Description Price Texas Industries Item 1 Portland Cement per sack $5 89 ea Item 2 Bulk Portland Cement per Truckload dehvered to Warehouse $88 25 ea Item 3 Type 1 Bulk Cement delivered to Job Site $93 28 ea Latt~more Matermls Item 4 5 sack mix $57 00 ea Company Item 5 1 5 sack mix $45 00 ea Item 6 i sack mix $44 00 ea Item 7 3000 PSI-4 5 WRA $55 00 ea AGENDA INFORMATION SHEET ..... ~/~____ AGENDA DATE January 8, 2002 Questions concermng fins acqms~tmn may be dtrected DEPARTMENT Materials Management to Ray Wells 349-7108 Kathy DuBose, Ftscal and Mumclpal Servmes ~ ACM SUBJECT· An Ordmance accepting compcttttYe btds and awarding an annual contract for the purchase of electric meter sockets, prow&ng for the expen&ture of funds therefore, and prov~&ng an effechve date (B~d 2767- Annual Pnce Agreement for Electric Meters, CT's and Meter Sockets, Item(s) 1-12, 18-29 and 34-47 to Wesco Dtstnbut~on, and Item(s) 13-i7 and 30-33 awarded to Texas Meter and Devine m the esttmated amount of $430,000) BID INFORMATION Tins b~d is for the annual contract to supply electnc meters, current transformers (CTs) and meter sockets to Denton Mumc~pal Electnc These ttems are purchased as warehouse inventory stock tn quantmes as needed RECOMMENDATION We recommend thts bxd be awarded to the lowest b~dder as hsted below Btd Item(s) Description Suppher 1 - 12 Electric Meters Wesco 13-17 Electnc Meters Texas Meter and Dew ce 18-29 Meter Sockets Wesco 30-33 Meter Sockets Texas Meter and Demce 34-47 Current Transformers Wesco Quanht~es,are estimated and w~ll be ordered as needed PRINCIPAL PLACE OF BUSINESS Wesco Texas Meter and Devine Fort Worth, Texas Waco, Texas ESTIMATED SCHEDULE OF PROJECT Dehvery for these items ts quoted to be from stock following an 8-week set up period Agenda Information Sheet January 8, 2002 Page 2 FISCAL INFORMATION These items w~ll be funded from Warehouse Working Cap~taI Funds and charged back to the appropriate department work orders as ut~hzed Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulatmn Sheet 1681 doc 2 Attachment r~ n n O O O Z z z 0 0 0 ~ ~ ~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ° ° o o o 0 0 0 o 0 0 0 0 0 0 0 o z z z 3 Attachment 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z o o o ~ ~ Q ~ o o o ~ ~ ~ 0 0 0 0 0 0 - ~ ~~ ~ °~ ~ ~ ~ ~ o o o o o o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ z z z z z z ~ Z Z l Z > o ~ S~o o Attachment 1 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF ELECTRIC METER SOCKETS, PROVIDING FOR THE EXPENDITURE OF FUNDS TFfEREFORE, AND PROVDING AN EFFECTIVE DATE (BD 2767 - ANNUAL PRICE AGREEMENT FOR ELECTRIC METERS, CT's AND METER SOCKETS, ITEM(S) 1-12, 18-29 AND 34-47 TO WESCO DISTRIBUTION, AND ITEM(S) 13-17 AND 30-33 AWARDED TO TEXAS METER AND DEVICE IN THE ESTIMATED AMOUNT OF $430,000 WHEREAS, the C~ty has sohc~ted, received and tabulated compet~tnve b~ds for the purchase of necessary materials, equipment, supphes or services ~n accordance wlth the procedures of STATE law and City or&nances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the hereto described b~ds are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" subrmtted therefore, and WHEREAS, the City Counml has prowded ~n the City Budget for the appropnanon of funds to be used for the purchase of the materials, eqmpment, supphes or services approved and accepted herren, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the numbered items m the following numbered bids for matenals, equipment, supphes, or services, shown in the "B~d Proposals" on file in the office of the C~ty Purchasing Agent, are hereby accepted and approved as being the lowest responmble b~ds for such items BID NUMBER VENDOR 2767 Wesco Distribution See Exhibit A Texas Meter and Device SECTION 2 That by the acceptance and approval of the above numbered items of the subrmtted bids, the City accepts the offer of the persons subnuttmg the b~ds for such ~tems and agrees to purchase the materials, equipment, supplies or services in accordance w~th the terms, spemficanons, standards, quantmes and for the specified sums contmned m the B~d Invitations, Bid Proposals, and related documents SECTION 3 That should the City and persons subm2tnng approved and accepted items and of the subrmtted bids wish to enter Into a formal written agreement as a result of the acceptance, approval, and awarding of the b~ds, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is m accordance w~th the terms, con&nons, specifications, standards, quant~tms and spemfled sums contmned in the B~d Proposal and related documents herren approved and accepted SECTION 4 That by the acceptance and approval of the above numbered items of the subrmtted bids, the C~ty Council hereby authorizes the expenditure of funds therefor m the amount and xn accordance w~th the approved b~ds or pursuant to a written contract made pursuant thereto as authorized hereto SECTION 5 That this orchnance shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED th~s day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2767 SUPPLY'ORDI~AI~E 1 2002 2 EXHIBIT A EXHIBIT A 4 EXHIBIT A 5 AGENDA DATE' January 8, 2002 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Jim Coulter 349-7194 Kathy DuBose, Fiscal and Municipal Servlces'~ ACM' SUBJECT: An Ordinance accepting competltave bids and awarding an annual contract for the purchase of diesel fuel delivered in less than 1000 gallon quantatles, provl&ng for the expenditure of funds therefore, and provlchng an effective date (Bid 2754- Diesel Fuel (Less Than 1000 Gallon Delivery) awarded to Kelsoe Oil Company in the amount of $80,000) BID INFORMATION: This hid is for the annual contract to supply chesel fuel to the C~ty of Denton job s~tes in less than 1000 gallon delivery quantat~es D~esel fuel in truck load delivery quantities (8000 gatlon/dehvery) was bid and awarded in September of this year The smaller quantities were left off of that bid Tins bid will run concurrently with the other bid and is for one year, ~t can be extended for add~tonal one year periods Fuel puces vary, therefore, the dehvery or markup is the basis for award- not the puce per gallon The DFW Oil Puce Informataon Service (OPIS) Index sets the fuel puce and the supplter determines the delivery charge RECOMMENDATION. We recommend tins bid be awarded to the lowest responsible bidder, Kelsoe Oil Company, in the amount of 08 over the DFW OPIS puce PRINCIPAL PLACE OF BUSINESS: Kelsoe Off Denton, Texas ESTIMATED SCHEDULE OF PRO~[ECT 1000 gallon delivery can be accomplished with one day's notice Agenda Informatmn Sheet Page 2 January 8, 20002 FISCAL INFORMATION These ~tems w~ll be funded from warehouse working capital funds and charged back to the approprmte department work orders as utilized Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1682 doc 2 ORDINANCE NO AN ORDINANCE ACCBPTING COMPBTITIVB BIDS AND AWARDING AN ANNUAL CONTRACT FOP. THE PURCHASB OF DIBSBL FUEL DBLIVBKED IN LESS THAN 1000 GALLON QUANTITIBS, PP.OVIDING FOP. THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN BFFBCTIVB DATE (BID 2754 -DIBSEL FUEL (LBSS THAN 1000 GALLON DBLIVBRY) AWARDED TO KBLSOB O]:L COMPANY IN THE ESTIMATED AMOUNT OF $80,000) WHEREAS, the Cityhas solicited, received and tabulated competitive bids for the purchase ofnecessarymatenals, eqmpment, supplies or services m accordance with the procedures of STATE law and City ordinances, and WHEREAS, the CltyManager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown m the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropnatlon of funds to be used for the purchase of the matenals, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the numbered Items in the following numbered bids for materials, eqmpment, supphes, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID NUMBER VENDOR AMOUNT 2754 Kelsoe Oil Company 08+ OPIS Per Gal SECTION 2 That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons subrmttmg the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance w~th the terms, specfficatlons, standards, quantities and for the specified sums contained in the Bid Inwtatlons, Bid Proposals, and related documents SECTION 3 That should the City and persons submitting approved and accepted items and of the submitted bids w~sh to enter into a formal written agreement as a result of the acceptance, approval, and awardmg of the bids, the City Manager or lus designated representative IS hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contmned in the Bid Proposal and related documents herem approved and accepted SECTION 4 That by the acceptance and approval of the above numbered ~tems of the submitted blds, the City Council hereby authorizes the expenditure of funds therefor m the amount and m accordance with the approved b~ds or pursuant to a written contract made pursuant thereto as authorized herem SECTION 5 That tins ordinance shall become effective nnmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s __ day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2 AGENDA INFORMATION SHEET ,~t .......... AGENDA DATE. January 8, 2002 Questions concerning this acquisition may be directed DEPARTMENT Materials Management to Ross Chadwick 349-8101 Kathy DuBose, Fiscal and Municipal Servlces]~ ACM SUBJECT: An Ordinance accepting competitive bids and awarding an annual contract for the purchase of fire fighter uniforms, provl&ng for the expenchture of funds therefore, and providing an effective date (Bid 2763- Fire Fighter Stataon Umforms awarded to Casco Industries, Inc in the amount of $37,830) BID INFORMATION Tbas bid is for the purchase of station uniforms for the Fire Department These are the everyday work uniform supplied to fire fighters for use ~n non-emergency service activities Fire fighters will be measured and uniforms ordered for each lnchvldual fire fighter RECOMMENDATION. We recommend this bid be awarded to the lowest bidder, Casco Industries, Inc as listed below Bid Item(s) Description Price Ea Supplier 1 Pants $74 42 Casco [nd 2 Long Sleeve Stnrts $69 47 Casco Ind 3 Short Sleeve Sh~rts $60 48 Casco [nd Total estimated award is $37,830 In order to maintain a umforrmty in style, material and color, we recommend rejecting the lower price offered by NAFECO for Item 1 and pumhaslng all items from one supplier PRINCIPAL PLACE OF BUSINESS. Casco Industries, Inc Fort Worth, Texas ESTIMATED SCHEDULE OF PROJECT' Uniforms can be delivered within 60 days after completmn of measunng i Agenda Information Sheet January 8, 2002 Page 2 FISCAL INFORMATION Funding for these uniforms is available from 2001-2002 Fire Department Budget R~lly~d _ Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1683 doc Attachment 1 3 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BI])S AND AWARDING A CONTRACT FOR THE PURCHASE OF FIRE FIGHTER UNIFORMS, PROVIDING FOR THE EXPENDITURE OF FLrNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2763 -FIRE FIGHTER STATION UNIFORMS AWARDED TO CASCO INDUSTRIES, INC IN THE AMOUNT OF $37,830) WHEREAS, the City has solicited, received and tabulated competitive b~ds for the purchase of necessary materials, eqmpment, supplies or services in accordance with the procedures of STATE law and City orthnances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown m the "Bid Proposals" subrmtted therefore, and WI-IEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, eqmpment, supplies or services approved and accepted herein, NOW, TI-~REFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the numbered items in the following numbered bids for matenals, equipment, supphes, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID NLrMBER VENDOR AMOUNT 2763 Casco Industries, Inc $37,830 SECTION 2 That by the acceptance and approval of the above numbered items of the subrmtted b~ds, the City accepts the offer of the persons submattmg the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantatles and for the specified sums contaaned in the Bid Invitations, Bid Proposals, and related documents SECTION 3 That should the City and persons subtmttmg approved and accepted items and of the subrmtted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or Ins designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conchtlons, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted SECTION 4 That by the acceptance and approval of the above numbered ~tems of the subnntted b~ds, the C~ty Council hereby authorizes the expenduture of funds therefor ~n the amount and m accordance w~th the approved b~ds or pursuant to a written contract made pursuant thereto as authorized hereto SECTION 5 That th~s ordinance shall become effective ~nuned~ately upon ~ts passage and approval PASSED AND APPROVED th~s day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2763 SUPPLY ORD1N~ 01-2~)02 2 EXHIBIT A Item 1 Capamtor Bank 15 KV Pad Mount 1200 KVAR $10,370 ea Item 2 Capacitor Bank 15 KV Pad Mount 600 KVAR $ 9,319 ea Item 3 Capamtor Bank 13 2 KV Pole Mount 1200 KVAR $ 4,404 ea Item 4 Capacitor Bank 13 2 KV Pole Mount 600 KVAR $ 3,330 ea ool AGENDA INFORMATION SHEET AGENDA DATE January 8, 2002 Quesuons concerning tlns acqmsltlon may be chrected DEPARTNIENT Materials Management to J~m Coulter 349-7194 ACM. Kathy DuBose, F~scal and Mumclpal ServlcesX~ SUBJECT: An Ordinance accepting competitive bids and awarchng an annual contract for the purchase of traffic s~gnal components, Items 38-41, prowdang for the expenchture of funds therefore, and prowchng an effective date (Bad 2751- Traffic S~gnal Components, Items 38-41 awarded to Para&gm Traffic Systems ~n the estimated amount of $260,108) BID INFORMATION Thru b~d ~s for an annual contract for the purchase of traffic signals and related ~tems These materials w~ll be utilized m the construction of new s~gnals and m the mmntenance of the exlstang traffic control system throughout the C~ty of Denton All b~d items except Items 38-41 were awarded on November 27, 2001 These ~tems were not awarded pending adchtional evaluation Items 38-41 are for V~deo Detection packages for various intersections to assist ~n traffic control and traffic movement RECOMMENDATION. We recommend tlus bad be awarded to the lowest responsible b~dder for Items 38-41 Bid Item(s) Description Suppher 38-41 V~deo Detection Packages Para&gm Traffic Systems PRINCIPAL PLACE OF BUSINESS: Parad~grn Traffic Fort Worth, Texas ESTIMATED SCHEDULE OF PRO,[ECT Th~s contract will remmn m effect for one year from the date of the award Quantities are estimates ,and may vary according to the needs of the C~ty of Denton Dehvery of materials ~s estimated to be 60 days or less Agenda Information Sheet January 8, 2002 Page 2 FISCAL INFORlVlATION These supphes and matermls wxll be funded from 2001-2002 CIP budget funds Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulatmn Sheet 1684 doc Attachment 1 ~ '" 0 0 0 0 0 0 0 0 0 0 0 0 0 ~u .~ Z Z Z Z Z Z ~Z Z Z Z Z Z Z 0 ~' ~ o o o o o 0 0 0 0 0 0 0 0 0 ~ ~ ~ Z Z Z Z Z Z Z Z Z Z Z Z Z ....~ ~--~ ..... ~ ...... ~_ - · ~ ~ o ~ ~ ~ -- -- 3 Attachment 1 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF TRAFFIC SIGNAL COMPONENTS, ITEM 38-41, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTWE DATE (BID 2751 -TRAFFIC SIGNAL COMPONENTS, ITEM 38-41 AWARDED TO PARADIGM TRAFFIC SYSTEMS IN THE ESTIMATED AMOUNT OF $260,108) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herem described bids are the lowest responsible bids for the materials, equipment, supphes or servmes as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the numbered items in the following numbered bids for materials, equipment, supphes, or services, shown m the "Bad Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as bemg the lowest responsible bids for such items BID ESTIMATED NUMBER VENDOR AMOUNT 2751 (Item 38-41) Paradigm Traffic Exhlbat A SECTION 2 That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contmned in the Bid Invitations, Bad Proposals, and related documents SECTION 3 That should the City and persons submattang approved and accepted ~tems and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative IS hereby authorized to execute the written contract whmh shall be attached hereto, provided that the written contract ~s in accordance with the terms, conditions, specifications, standards, quantities and specified sums contmned in the Bid Proposal and related documents herein approved and accepted SECTION 4 That by the acceptance and approval of the above numbered xtems of the submitted b~ds, the City Council hereby authonzes thc expen&ture of funds therefor in the amount and in accordance w~th the approved bids or pursuant to a written contract made pursuant thereto as authorized hereto SECTION 5 That tlus ordinance shall become e£fectxve lmme&ately upon 1ts passage and approval PASSED A_ND APPROVED th~s day of ,2002 EULRqE BROCK, IViAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PR~UTY, CIT~ ATTORNEY EXHIBIT A BID# 275 TRAFFIC 81GNAL$ NOi{ ' I' ~ DESCRIPTION VENDOR ~,,o,'~"~,~ ~ ','* ,' ~ * ~'~ ~ ~ PARADIGM FORT Pnnclple Place of Bus ness WORTH, TX COMPLETE VIDEO DETECTION PACKAGE FOR A 1 CAMERA SYSTEM INCLUDING 150' POWER & 38 2 VIDEO CABLE, 24 V POWER SUPPLY, AND WITH ALL MOUNTING HARDWARE $4,9 94 0 0 COMPLETE VIDEO DETECTION PACKAGE FOR A 2 CAMERA SYSTEM INCLUDING 300' POWER & 39 4 VIDEO CABLE, 24 V POWER SUPPLY, AND WITH ALL MOUNTING HARDWARE $9,200 00 COMPLETE VIDEO DETECTION PACKAGE FOR A 3 CAMERA SYSTEM INCLUDING 450' POWER & 40 6 VIDEO CABLE, 24 V POWER SUPPLY, AND WITH ALL MOUNTING HARDWARE $12,980 00 COMPLETE VIDEO DETECTION PACKAGE FOR A 4 CAMERA SYSTEM INCLUDING 600' POWER & 41 8 VIDEO CABLE, 24 V POWER SUPPLY, AND WITH ALL MOUNTING HARDWARE $16,940 00 HENKE TS 1 P44 LOCAL CABINET ASSEMBLY, 42 6 DENTON SPEC $5,580 00 HENKE TS 1 P44 MASTER CABINET ASSEMBLY, 43 1 DENTON SPEC $5,980 00 EDI ORACLE, 4 CHANNEL LCD LOOP DETECTOR 44 12 CARD $309 35 45 12 EDI LM 604, 4 CHANNEL LOOP DETECTOR CARD $178 25 AGENDA INFORMATION SHEET AGENDA DATE January 8, 2002 Questions concermng tins acquisition may be directed DEPARTMENT. Materials Management to Ray Wells 349-7108 ACM Kathy DuBose, Fiscal and Mumclpal ServlceS~-'ff SUBJECT: An Ordanance accepting competitive bids and awarding an annual contract for the purchase of single phase capacitor oil switches, providing for the expenditure of fund therefore, and providing an effective date (Bid 2766- Overhead Capacitor Oil Switches awarded to Techhne Inc in the annual estimated amount of $31,800 ) BID INFORMATION. This bid ~s for the annual contract for the pumhase of overhead single phase oil switches for Denton Municipal Electric These switches are used m the new constructaon and maintenance of the overhead electric distribution system RECOMMENDATION We recommend ttus bid be awarded to the lowest bidder, Techhne Inc, as listed below Bid Item Descnptlon Price Supplier 1 Oil Switch $318 ea Techhne Inc Annual Contract Price 2 Oil Switch $340 ea Techhne Inc Initial Order PRINCIPAL PLACE OF BUSINESS' Techhne Inc Fort Worth, Texas ESTIMATED SCHEDULE OF PROJECT The initial order of 21 pieces can be made from stock Ad&tlonal quantities require 40 days notice Agenda Information Sheet January 8, 2002 Page 2 FISCAL INFORMATION These switches will be funded from Warehouse Working Capital Funds and charged back to the appropriate work order as they are utilized Yom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1685 doc 2 Attachment 1 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDiNG AN ANNUAL CONTRACT FOR THE PURCHASE OF SINGLE PHASE CAPACITOR OIL SWITCHES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2766 - OVERHEAD CAPACITOR OIL SWITCHES AWARDED TO TECHLINE INC IN THE ANNUAL ESTIMATED AMOUNT OF $31,800) WHEREAS, the C~ty has sohelted, received and tabulated competitive bids for the purchase of necessary materials, equipment, supphes or servmes m accordance vath the procedures of STATE law and C~ty ordinances, and WHEREAS, the City Manager or a designated employee has rewewed and recommended that the hereto described b~ds are the lowest responsible b~ds for the materials, eqmpment, supplies or services as shown m the "Bid Proposals" submitted therefore, and WHEREAS, the C~ty Cotmcfl has provided ~n the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supphas or servmes approved and accepted hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the numbered items in the following numbered bids for materials, eqmpment, supphes, or services, shown In the "B~d Proposals" on file ~n the office of the C~ty Purchasing Agent, are hereby accepted and approved as being the lowest responsible b~ds for such items BID NUMBER VENDOR AMOUNT 2766 Techlme Inc $31,800 SECTION 2 That by the acceptance and approval of the above numbered ~tems of the submttted bids, the C~ty accepts the offer of the persons submitting the b~ds for such items and agrees to purchase the materials, eqmpment, supphes or services ~n accordance w~th the terms, spemficataons, standards, quantities and for the specffied sums contmned m the B~d Inwtat~ons, B~d Proposals, and related documents SECTION 3 That should the C~ty and persons submitting approved and accepted ~tems and of the submitted b~ds wish to enter into a formal written agreement as a result of the acceptance, approval, and awardmg of the bids, the C~ty Manager or h~s designated representative ~s hereby authorized to execute the written contract wluch shall be attached hereto, prowded that the written contract m m accordance wlth the terms, condltmns, specifications, standards, quantities and specffied sums contained m the B~d Proposal and related documents hereto approved and accepted SECTION 4 That by the acceptance and approval of the above numbered ~tems of the subrmtted bxds, the C~ty Council hereby authorizes the expenditure of funds therefor ~n the amount and ~n accordance w~th the approved b~ds or pursuant to a written contract made pursuant thereto as authorized hereto SECTION 5 That tlus ordinance shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED this day of ,2002 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM B~d 2766 SUPPLY Q~DINAIq~E- 01 2002 t/ AGENDA INFORMATION SHEET AGENDA DATE' January 8, 2002 Queshons concerning th~s acqms~t~on may be d~rected DEPARTMENT Materials Management to Ray Wells 349-7108 ACM Kathy DuBose, F~scal and Mun~capal Serv~ces'~ SUBJECT An Ordinance accepting competmve b~ds and awarding an annual contract for the purchase of decorative streethght poles and fixtures, provad~ng for the expendature of funds therefore, and prowthng an effective date (B~d 2774- Decorahve Streethght Poles and Fxxtures awarded to Fred Oberlander and Assocaates an the amount of $30,888) BID INFORMATION TI'ns bxd xs for the purchase of decorahve streethght fixtures and 10' lamppost to match exastmg fixtures m The Halls of Argyle- Phase Three, served by Denton Mumcxpal Electric Our agreement w~th the developer xs to supply, mstali, and mmntam the decoratxve fixtures as needed RECOMMENDATION We recommend th~s b~d be awarded to the lowest badder Fred Oberlander and Assocaates as listed below m the total amount of $30,888 24 Each 10 Ft Post $838 Ea $20,112 24 Each F~xture $449 Ea $10,776 · Total Award $30,888 PRINCIPAL PLACE OF BUSINESS Fred Oberlander and Associates Dallas, Texas ESTIMATED SCHEDULE OF PROJECT Delivery ~s quoted to be 84 days after receipt of an order or approxamately the second week m April 2002 Agenda Informatmn Sheet January 8, 2002 Page 2 FISCAL INFORMATION Funding for these ~tems ~s avmlable from Denton Mumc~pal Elecmc 2001-2002 budget Account 60011400 1350 3730 Respectfully subrmtted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment I Tabulation Sheet 1686 doc 2 Attachment 1 BID# 2774 Date 12/18/01 DECORATIVE STREET LIGHT POLES & FIXTURES No QTY,' DESCRIPTION VENDOR VENDOR * ' ~ o ~ FRED ~ ~ ' '"' ~, ,~,~, DEALERS ¢ ~ , ~ ,¢,~ OBERLENDER & ' ~ ,~, ; ,,~ , ,%~ '~ ~ ELECTRICAL ~,~ ' ~ ~ * ~ ~ ASSOCIATES PnnCiple Place of Bus~ness DENTON, TX DAL~S, TX 24 STREET LIGHT 10' $867 67 $838 00 EACH CHESAPEADE POST 24 UTILITY GRANVILLE $473 85 $449 00 EACH FIXTURE 2 TOTAL $32,196 48 $30,888 00 3 DELIVERY 28-42 DAYS 84 DAYS 2774 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF DECORATIVE STREETLIGHT POLES AND FIXTURES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2774- DECORATIVE STREETLIGHT POLES AND FIXTURES AWARDED TO FRED OBERLANDER AND ASSOCIATES IN THE AMOUNT OF $30,888) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services m accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the hereto descnbed b~ds are the lowest responsible bids for the matenals, equipment, supplies or services as shown m the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided m the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the numbered items in the following numbered bids for matenals, equipment, supplies, or services, shown in the "Bid Proposals" on file m the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID NUMBER VENDOR AMOUNT 2774 Fred Oberlander and Associates $30,888 SECTION 2 That by the acceptance and approval of the above numbered items of the submitted bids, the C~ty accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the tenns, specifications, standards, quantities and for the specified sums contmned in the Bid Invitations, Bid Proposals, and related documents SECTION 3 That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awardmg of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the wntten contract is in accordance with the terms, conditions, specifications, standards, quantities and spemfied sums contained in the Bid Proposal and related documents herein approved and accepted SECTION 4 That by the acceptance and approval of the above numbered items of the subrmtted bids, the City Council hereby authorizes the expendature of funds therefor in the amount and tn accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein SECTION 5 That this ordinance shall become effecttve ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED this day of ,2002 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM FIERBERT L PROUTY, CITY ATTORNEY 2774 Decorat~ve~ 2 AGENDA DATE' January 8, 2002 DEPARTMENT: Tax ACM Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider approval of a tax refund to Spectraslte Communications Inc c/o Arthur Anderson LLP m the amount of $750 53 The Denton Central Apprmsal Dlsmct removed the property from the tax roll BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the govermng body of the taxing unit for refunds in excess of $500 00 Spectraslte Communications Inc paid the property tax on October 20, 2001, in the amount of $750 53 The Denton Central Apprmsal District removed this property fi.om the tax roll on October 23, 2001, resulting in a refund of $750 53 All documentation necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $750 53 EXHIBITS Supplemental Roll #1 Respectfully submitted Diana Ortlz Director of Fiscal Operations AGENDA INFORMATION SHEET AGENDA DATE: January 8, 2002 DEPARTMENT: Tax ACM Kathy DuBose, Fiscal and Mumcipal Services ~ SUBJECT Consider approval of a tax refund to Granville & Llnda Wright in the amount of $712 17 The 2001 property value was decreased by the Denton Central Appraisal Dlsmct 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 $$00 00 The Wnght's paid $1,853 50 on October 9, 2001 for the 2001 property tax The Denton Central Appraisal District decreased the value on October 23, 2001, resulting in a refund of $712 17 All documentatmn necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue f~nd would be reduced by $712 17 EXHIBITS Supplemental Roll #1 Respectfully submitted Director of Fiscal Operations AGENDA ,N ORMAT,ON ,,EET "'"', -- AGENDA DATE January 8, 2002 DEPARTMENT C~ty Manager's Office CM M~chael A Conduff, Ctty Manager SUBJECT An ordinance amending Ordinance No 2001-193 of the C~ty Code relating to rules of procedure for types of meetings and presentations by c~t~zens for the C~ty Council of the C~ty of Deaton, Texas, prowdmg a severab~hty clause, providing a sawngs clause, and declaring an effective date BACKGROUND Councd d~rected staff to draft an ordinance reflecting thc consensus reached during the December 17, 2001 C~ty Courted Luncheon As you know, Councd agreed upon the following meeting procedures and structures (1) Speakers addressing Councd concermng pubhc hearing and non-pubhc hcanng agenda ~tcms will be hm~ted to three (3) minutes (2) Groups or orgamzat~ons w~th ten or more people present during thc Councd meeting wd! be asked to have a representative(s) speak concerning pubhc hearing and non-pubhc heanng agenda ~tems and the representative(s) wdl be hm~ted to ten (10) minutes (3) Speakers addressing the C~ty Council during a c~t~zen report wdl hm~t their remarks to five (5) minutes or less (4) F~rst and third Tuesdays (Telewsed) A 4 30 to 5 30 - Work Session to d~scuss near to m~d range ~ssues la 4 30 to 5 15 - Discuss current Council / Staff~ssues 2a 5 15 to 5 30 - Answer any remaining consent agenda questions B 5 30 to 6 30 - Executive Session C 6 30 to 8 30 - Regular Meeting (5) Second Tuesday (Not Telewsed) A 4 30 to 6 30 - m~d to long range ~ssues (6) Fourth and fifth Tuesdays (Not Televised) A Reserved for use as ~ssues arise PRIOR ACTION ! REVIEW November 5, 2001 - Council Luncheon December 17, 2001 - Counml Luncheon ATTACHMENTS Proposed Ordinance Betty Wdhams D~rector of Management and Pubhc Information Prepared By Robert Hanna Management Assistant ORDINANCE NO AN ORDINANCE AMENDING ORDINANCE NO 2001-193 OF THE CITY CODE RELATING TO RULES OF PROCEDURE FOR TYPES OF MEETINGS AND PRESENTATIONS BY CITIZENS FOR THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, AND DECLARING AN EFFECTIVE DATE WHEREAS, the Constitution and Laws of the State of Texas, and Section 2 07 of the C~ty Charter of the C~ty of Denton, Texas, authortze the C~ty Council of smd C~ty to promulgate and estabhsh rules of procedure to govern and conduct meetings, order of bus~ness, and decorum, while acting as a legislative body representing said C~ty, and WHEREAS, because or,ts desire to serve the pubhc through the medaum of pubhc meetmgs, at has become necessary to amend C~ty Council Rules of Procedure to prowde for more effective and effiment meetings, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS ,qI~.CTTON 1. That Ordinance Number 2001-193 of the Denton C~ty Council Rules of Procedure, Section 4 1 to 4 3, TYPES OF MEETINGS, and Section 6 (2-29(d)) PRESENTATION BY CITIZENS ~s hereby amended to read as follows 4 TVPI~.q ~'~ 4 1 l~egular Meetmg~ The Council shall meet at 6 30 p m on the first ~d third Tuesday of each month, w~ execm~ve sesmons (closed meetings) of the Council commencing at 5 30 p m, or at any other txme set by the Council, unless the meeting ~s pos¢oned or cancelled for vahd reasons All regular meettngs of the Council will be held m the Municipal Bmld~ng at 215 East McKmney S~eet, Denton, Texas or at such other location as the C~W Council may, by motion, resolution or ordinance ~om t~me to t~me desk.ate 4 2 Speeml Mee~ng~ Special mee~ngs may be called by the Mayor, the C~W Manager, or by any t~ee members of the Council The call for a spemal meeting shall be filed w~th ~e Secretau m wn~en fora, and he or she shall post notme thereof as provided by the Texas Open Meetings Act, TEX GOV'T CODE A~ } 551 001, et seq (Vemon1999, as amended) The Mayor, C1W Manager, or t~ee of the council members may dem~ate a location for the spemal meettng o~er than the Mumc~pal Bmld~ng as long as the locatton ~s open to the pubhc 4 3 Wnrk~h? Meetmg~ Workshop meettngs or work sessions may be held ~om 4 30 p m to 5 15 p m on the first and third Tuesday of each month, to d~scuss near m m~d range ~ssues Workshop meetings or work sesstons may be held from 5 15 p m to 5 30 p m on the first and third Tuesday of each month, to answer council questions concerning consent agenda ~tems Workshop or PAGE 1 Work Sessaons may be held from 4 30 p m to 6 30 p m on the second Tuesday of each month to discuss m~d to long-range issues Workshops or Work Sessions may be called using the same procedure reqmred for specml meetings as provided for in Section 4 2, above The purpose of the workshop meeting is to d~scuss or explore matters of interest to the City, to meet wath City Board, Commlssaon, or Commattee Members, Caty staff or officers of civic orgamzatxons, governing bodaes or mdamduals specifically mwted to the sessaon by the Mayor, Council or Caty Manager These meetings are mformataonal and normally, no final action shall be taken unless the posted agenda lnthcates otherwise Cmzens or other interested persons attendang the work sessaon will not be allowed to pamcapate m the session unless mv~ted to do so by the Mayor Cmzens should be adwsed of the nature of the work sesmon and that their ~nput may be received and considered at a regularly scheduled council meeting where the agenda prowdes for final actton to be taken on the matter The purpose of thas procedure as to allow the mtazens attendang the regular meeting the opportunity of hearing the wews of their fellow emzens in a more formal setting Any c~t~zen may supply the City Council a written statement or report regarding the c~t~zen's opmaon on a matter being d~scussed m a work ses- sion If the Mayor mwtes citizens to participate in a work sessaon, their partmlpat~on will cease at the point the Mayor closes the sessaon to pubhc input to allow the Councd to g~ve Caty staff darectlon as to needed ~nformat~on for the possthle future meeting wathout distractang comment from the audience 6 4 (2-29(d)) Pm~entnt, nn hy C,t, zens a (2-29(d)(0) Clt,~en Repnrts Any person who w~shes to place a subject on the Council agenda at regular Caty Councd meetings shall advase the City Manager's office of that fact and the spemfied subject matter whmh he or she desares to place on the agenda no later than 5 00 p m Wednesday prior to the Council meeting at whach he or she wishes the designated subject to be consa- dered A time for such cmzen reports shall be promded on the agenda after the pledge of allegmnce, approval of the minutes, and the presentataon of proclamations Any speaker provadmg a emzen report shall speak for no longer than five (5) minutes on all items that he or she may bring before the Council at each meetmg, unless the Mayor or the majority of the Councd grants an extensaon of tame No cmzen may fill out a "request to speak" form or have an opportumty to speak or comment on another cmzen's report, whmh ~s given at the same Council meetang b (2-29(d)(n)) ~qpeakmg nn Regular and Consent Agenda Items Any person who washes to address the Council regarding an ~tem that is on the Council's agenda for a regular or specml meeting, shall complete a "request to speak" form askang to speak regarding the atem and return at to the Caty Secretary before the Council considers the ~tem The Mayor will call upon the mtazen to speak for no longer than three (3) minutes as that pa~cular agenda item as considered by the C~ty Council The proms~ons of th~s paragraph do not apply to workshop meetangs, and a mtazen's right to speak and provade input at those meetangs shall be hmated and controlled by Sectaon 4 3 "Workshop Meetings" of th~s ordananee c (2-29(d)(m)) any person who w~shes to address the Councd at a pubhc heanng shall complete a "request to speak" form and return ~t to the Caty Secretary before the apphcable heanng The Mayor will call upon the cmzen to speak for no longer than three (3) mxnutes d (2-29(d)0v) Any group or orgamzatmn comprising of ten or more members present in the PAGE 2 City Council Chambers who wishes to address the Council at a public heanng or a non public hearing agenda shall have a representative address the City Council and shall limit their remarks to ten (10) minutes or less 6 5 (2-29(e)) Time l.~m~t~ Speakers before the Council shall limit their remarks to three (3) minutes or less for public hearing and non-public hearing items Citizen reports shall be limited to five (5) minutes or less Groups or orgamzat~ons comprising of ten or more members shall limit their remarks in accordance to the parameters established in paragraph 6 4 (2-29(d)(lv)) At the discretion of the presiding officer or a majority of the City Council, any speaker may be granted a continuance of t~me to speak ,q~CTION 3. That save and except as amended hereby, all the provisions, sections, subsect~oas, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remmn in full force and effect .qI~C. TIONI zl. If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or apphcatlon thereof to any person or c~rcumstances is held invalid by any court of competent junsdlctlon, such holding shall not affect the validity of the remaimng portions of this ordinance, and the City Council of the C~ty of Denton, Texas, hereby declares It would have enacted such remaining port~ons despite any such invalidity SECTION ,l. That this Ordinance shall become effective immediately upon ItS passage and approval PASSED AND APPROVED th~s the __ day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 3 AGENDA INFORMATION SHEET AGENDA DATE' January 8, 2002 DEPARTMENT. Wastewater Utditnes ACM: Howard Martin, ACMJUtflmes 349-8232 SUBJECT. HOLD A PUBLIC HEARING AND CONSIDER AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES CONTAINED IN ORDINANCE NO 2001-335 FOR WASTEWATER SERVICE, ADDING THE PROVISIONS OF THE SCHEDULE RESPECTING THE STORM DRAINAGE FEE (SCHEDULE SD), PROVIDING FOR A REPEALER, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND. The drannage program was moved to the Wastewater utnhty from the General Fund m 1999 The drmnage expendnture budget, including debt servnce, has increased to $3 5 million in FY 2002 Funding for the drainage program ts currently shared by the Water and Wastewater utlbUes, with each utnhty funchng 50% of the cost The current five-year Capital Improvement Program wall increase the annual costs until they reach approxnmately $4 0 mnlbon in 2005, with NPDES- Phase II Stormwater costs nncluded The drmnage system reqmres a recumng funding source to make needed nmprovements identified m drmnage planmng documents It ~s projected that $45 mdlnon dollars will be needed to solve the ndantffied drainage problems that currently exist in the Denton commumty A long term systematnc program wall be necessary to correct these problems Many crees are nmplementmg drainage fees to help fund their drmnage costs and the new NPDES Stormwater Program A survey of other clues that are collecting drmnage fees shows there is a general consensus that using the lmpervnous surface basxs is the most equitable way of funding the drainage program Staff has dnscussed the ~mpervmus surface approach wnth the City Council, the Publm Utilities Board and with mtlzens at several public meetings (Exhlbnt II) A major advantage of this approach ns that the cost of the drmnage system mmntenance and improvements ns allocated on the basns of impervious surface, whmh directly creates storm water runoff nnto the drainage system The proposed drainage fee rate was developed by compdnng total square footages of lmpervnous surface wnthnn the c~ty lnm~ts, and then dxwdnng th~s square foot total by the drainage budget The current FY 2002 drainage budget ~s approximately $3 5 mllhon dollars The total impervious surface ~s measured at 156,753,361 square feet That results ~n a $0 02233 annual cost per square foot or $0 00186 cents per square foot per month The proposed drainage fee will fund the Operation and Maintenance expenses, General Obhgatlon debt service, Wastewater (Drainage Projects) debt service, and the cost of the Storm Water Program (NPDES) OPTIONS: 1 Approve the Storm Drainage Fee Schedule (Exinblt II) estabhsinng drainage fee rates 2 Deny the Ordinance and maintain the current status Increase Water and Wastewater rates by 7% and 10% respectively 3 Provide drainage fundang for the ad valorem property tax revenue 4 Eliminate Drainage Program RECOMMENDATION The Public Utlhtles Board recommends approval of the proposed Ordinance as submitted ESTIMATED SCHEDULE OF PROJECT' A public heanng was held at the November 6th C~ty Council meeting and Sectmns 26-129 through 26-142 of the Code of Ordinances No 2001-428 estabhsinng the drainage functmn were approved (Exhibit I) As prescribed by Texas Local Government Code a second pubhc heanng shall be held to discuss and set the drainage fee rates Staff has prepared an amendment to Orchnanoe 2001-335 winch mcludes the proposed rate schedule (Exinblt II) The proposed rate ordinance does not provxde for exemptions PRIOR ACTION/REVIEW (Council, Boards~ Commiss~ons). 1 Pubhc Meetings were held throughout the community on June 21, June 28, July 12, July 19, July 26, and August 2, 2001 2 The Public Utilities Board recommended approval to the C~ty Council by a vote of 5-1 3 The C~ty Council Work Session was conducted on August 28, 2001, with ~nstmctlons to proceed with the development of a drainage fee 4 Notice of a Public Hearing was made by pubhcatlon of the Notice of Public Heanng and of the entire proposed Ordmance in the DRC on October 2, October 9, and October 16, 2001, as required by law 5 November 6th, City Council approved Chapter 26, Article IV, Sections 26-129 through 26-142 of the Code of Ordinances 2 FISCAL INFORMATION Respectfully submitted Howard Martin Assistant C~ty Manager for Utilities Prepared By J~m Coulter, Director of Water Utlhtles Exhibit I Ordinance #2001-428 Exlub~t H Amended Ordinance Exh~bat HI Pubhc Meeting Schedule 3 ORDINANCE NO 2001-//'~ AN ORDINANCE OF THE COUNCIL OF THE CITY OF DENTON, TEXAS ADOPTING SUBCHAPTER C, SECTIONS 402 041 THROUGH 402 054 INCLUSIVE, OF THE TEXAS LOCAL GOVERNMENT CODE ElqTITLED THE "MUNICIPAL DRAINAGE LrrlLITY SYSTEMS ACT," AS CHAPTER 26, ARTICLE IV, SECTIONS 26-129 THROUGH 26-142 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, REGARDING THE RECOGNITION OF THE DRAINAGE FUNCTION OF THE CITY OF DENTON WASTEWATER UTILITY, PROVIDING FOR A REPEALER, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council has carefully constdered the pubhc health and safety needs of the remdents of the Ctty of Denton and destres to protect the pubhc health and safety fi.om loss ofhfe and property caused by surface water overflows, surface water stagnation, pollution arising fi.om non- pemt source runoff, and other drainage factors and conchtaons winch occur wattnn the boundaries of~ts estabhshed service area, and WHEREAS, the drmnage needs of the Ctty were first seriously addressed ~n the 1930's by the Works Progress AdnnmstraUon and by the C~ty, thereafter, the Ctty has experienced incredible growth, as have as wastewater needs, and over the last stxty-five years, the City has always attempted to be lnnovalave m ~ts approach to tts drainage utthty problems For a number of years, all drmnage- related engmeenng, demgn, and constmmon act~vmes were provtded by the Ctty Pubhc Works Department, and WHEREAS, begmmng m 1990, the operations and mmntenance pomon of the drainage utthty budget moved to Commumty Sermces, m 1992, to the Denton UUhtms Department, Water D~wmon, and later, to the Denton UtthUes Department, Wastewater D~wmon, and WHEREAS, fi.om and afar 1998, the drainage funcuon has effe~vely continued operatton as a pubhc ut~hty, solely wathm the Ctty's Wastewater Ulahty System orgamzat~on as all elements, including the element of financial lmbfl~ty for all drainage acUxatms and funcUons, both past and present m scope, was vested solely m the Wastewater Utihty System, and WHEREAS, the Ctty has existing drainage facthttes, materials, and supplies winch ~t will formally lransfer into the drmnage fun~on of the Ctty's Wastewater Utthty System, ff ~t has not already done so, and WHEREAS, a much more senoas eonumtment to drainage msues wall be reqmred by the Storm Water Program, Phase 1I, of the Umted States Envtronmental Protectaon Agency, winch reqtares mgmficant actaon, expenchtares and comment by the Dramage D~vmton of the Wastewater Utthty System, by the year 2003, to the problems attendant thereto, and WHEREAS, at fins me the Ctty Council finds that ~t ts approlmate to formally recogmze the drainage fun~on of the Ctty's Wastewater Utility m order to efficiently adnumster the C~ty's dram. age program on a full-trine, comrmtted basis, and the Ctty Council further concludes that m acUon in recognmng the drainage funcUon of the C~tV's Wastewater Utdav System as a pubhc uUhtv, m not the 4 EXHIBIT I ORDINANCE NO 2002- AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES CONTAINED IN ORDINANCE NO 2001-335 FOR WASTEWATER SERVICE, ADDING THE PROVISIONS OF THE SCHEDULE RESPECTING THE STORM DRAINAGE FEE (SCHEDULE SD), PROVIDING FOR A REPEALER, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, that the Clty Council, pursuant to Ordanance No 2001-428, enacted on November 6, 2001, has duly recogmzed and confirmed the existence of the drainage functaon of the Denton Utflmes Department, Wastewater D~mmon, and has adopted the "Mummpal Drainage Utlhty Systems Act" (the "Act") mto the C~ty of Denton Code of Ordinances an order to effect such actaon and to effectively deal wath drainage msues, and WHEREAS, that the Caty Council after passage of the Or&nance adopting the Act on November 6, 2001, then lewed a schedule of drmnage charges, as prowded by §402 045(d) of the Texas Local Government Code, and also conducted a pubhc hearing before levying such charges Further, the C~ty prowded advance not,ce of the heanng by pubhcation of the proposed schedule of drainage charges m the Denton Record Chromcle, all m accordance wath smd statute, and WHEREAS, that the schedule of drainage charges adopted by the City Council, after pubhc hearing, comphes wath the Act, and the Caty Council acting in accordance with the Act, concludes that the drainage fees and elassfficat~ons of the benefited properties are nonchscrmunatory, reasonable, and eqmtable, and should therefore be adopted, NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~qN. CTION! 1. That the Rate Schedules for Wastewater Service as promded for in Chapter 26 of the Code of Ordinances, are hereby amended to include Drainage Serwce, by adoptmg Schedule SD (Storm Drainage Fees), wtuch as attached hereto, and wtuch shall hereafter become a part of the Wastewater Servace ordinance SF_C_.LTIQ/~ That all ordinances or parts of ordmances in force when the provmons of tins ordinance became effectave which are mconsastent, or in conflict wath the terms or prommons contained m thts ordinance are hereby repealed to the extent of any such conflict S~f~TION' 3. That ff any section, subsection, paragraph, sentence, clause, phrase or word m thts ordinance, or apphcat~on thereof to any person or carcumstances as held mvahd by any court of competent juns&ct~on, such holding shall not affect the valarhty of the remaining pomons ofttus ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such mval~dlty SW.r~TIONI 4. That Schedule SD (Storm Drainage Fees) as herem adopted shall be effective, charged and applied to all drainage functmn service rendered on or after January 8, 2002, § Page 1 EXHiBiT II and a copy of smd rates, fees, and charges shall be maintained on file m the Office of the Ctty Secretary PASSED AND APPROVED tins the day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Doeuments\Ordmances~01XDramage Rate Ordinance 1 doc Page 2 SCHEDULE SD STORM DRAINAGE FEES (Effective 01/08/02) APPLICATION Appheable to all uupervmus real property and appurtenances owned and located w~thm the incorporated lurnts of the C~ty of Denton, Texas, except as exempted below The Storm Drainage fee charged to each lract of real property ~s based upon the amount of unperwous surface cover that results m water runoffmto the City of Denton drmnage system MONTHLY FEE - RESIDENTIAL (SDR) The residential fee 15 apphcable to all smgle-famdy through fourplex real propemes located w~thm, the incorporated lumts of the C~ty of Denton, Texas for wluch unpermous surfaces can be mdlwdually xdenttfied The res~denUal fee ~s estabhshed by uUhzmg a block system The fee charged m each fee block xs set forth and estabhshed as follows FEE BLOCK BILLING PER 30 DAYS 0 600 Square Feet $ 50 601 - 1,000 Square Feet $1 00 1,001 - 2,000 SquareFeet $3 35 2,001 - 3,000 Square Feet $5 45 3,001 - 4,000 Square Feet $7 60 4,001 - 5,000 Square Feet $9 75 5,001 - 6,000 Square Feet $12 00 Over 6,000 Square Feet $15 50 MONTHLY FEE - NON-RESIDENTIAL (SDN3 The non-res~denttal fee ~s apphcable to all other real property owned and located w~thm the incorporated lumts of the City of Denton, Texas, except as exempted below The non- remdentml fee ~s based upon the total square footage of unperv~ous surface cover measured for each customer/owner Formula Measured Square Footage oflmperwous Surface Cover x $0 00186 per 30 days PRORATION OF MONTHLY FEE Bllhng for the Storm Drainage Fee shall be based upon twelve (12) bflhngs annually and shall be prorated based on the following formula Actual Days In Bfllmg Period × Monthly Fee 30 days EXEMPTIONS The following real property owned and located w~tlun the incorporated hm~ts of the C~ty of Denton, Texas shall be exempt from the ~mposmon of the res~dentaal fee or the non- res~dentaal fee 1 Real property with proper construction and maintenance of a wholly sufficient and privately-owned drainage system, not draining ~nto the Caty of Denton drmnage system, upon the real property's mspeetaon and cemficataon by the C~ty, or 2 Real property held and mamtmned m its natural state, untal such tame that the real property is developed, and all of the pubhc infrastructure constructed thereon has been accepted by the C~ty, or 3 Real property, consisting of an ummproved sub&wded lot, until such tame as a structure has been built on the lot and a certaficate of occupancy has been ~ssued by the Cay No other exemptions to the resldentaal fees or the non-res~dentaal fees are applicable S \Our Documents\Ordmances\O l\Dramage Rate Charge Schedule to Ordinance Pubhsh Final doc 2 8 DRAINAGE 901-A Texas Street, Denton, TX 76209 (940) 349-7150 Fax (940) 349-7334 City of Denton Utilities Department Public Meetings Scheduled Drainage Issues The City of Denton is conducting a series of pubhc meetings to discuss the future d~rect~on of the City's drainage program These meetings will provide an opportunity for residents & city staff to exchange reformation on drainage issues, to dxscuss the City's long-term plan for ~mprovements, and to develop a standard for the operation and maintenance of the drainage system that balances funding with the needs of Denton residents These meetings are open to the general pubhc and everyone ~s mwted to attend All Water/Wastewatar customers will be notified through their Utility bills To reduce the possthd~ty that we may miss some owners or residents who live m the floodplain area, please share this notxficatlon with your neighbors Please take some time to attend one of these important meetings The reformation provided by you and your neighbors will be presented to City Council to help d~rect the City's future drainage policy If you have photos of flooding m your area or other relevant details, please bnng them to share at the meetings Topics to be discussed 1 Current Drainage Projects 2 Conunumty Expectations on Flood Prevention 3 Flood Insurance Program 4 Future Funding Meetings will be held in six central sites located m the three major drainage basins Pecan Creek, Cooper Creek, and Hickory Creek Specific mforrnatlon concerning the individual creek basins will be discussed The attached map will help identify which basra you live m Pecan Creek Basin Hickory Creek Basin Cooper Creek Basin Cl~ Council Work ~ Houston Elemcntarx Denton Bible Church 215 E McKirmey St 3100 Teasley Ln 1910 E University Dr Session Room City Hall Thursday, June 28th Thursday, July 12th Thursday, June 21st 7 00 - 8 30 p m 7 00 - 8 30 p m 700-830pm MLK Ree Center Demi Park Ree Center Asburv Methodist Church 1300 Wilson 1001 Parvln 117 W Hercules Ln Thursday, July 19th Thursday, July 26th Thursday, August 2 ~ 7 00-8 30pm 7 00-8 30pm 7 00- 8 30pm If you are unable to attend the meetings and would like to comment on drainage ~ssues, please send a letter to the following address City of Denton Drainage Department 901- A Texas Street Denton, Texas, 76209 Or you can e-mad comments to jdcoulte~cltvofdenton corn If you have questions on any of these meetings, please call the City of Denton Drainage Department at (940) 349-7150 Thank you for your support § t:X HIBIT Ill AGENDA INFORMATION SHEET AGENDA DATE' January 8, 2002 DEPARTMENT Planning Department CM/DCM/ACM: Dave Hill, 349-8314 ~ SUBJECT - Z01-0042 (Lee Meadows) Hold a public hearing and consider adoption of an ordinance rezoning approximately 0 8 acres from a One-Family Dwelling zoning chstnct (SF-7) to a Planned Development zoning dlsmct The site is generally located on the east side of Audra Lane, south of Mack Place and north of Lee Drive A Detail Plan for four single-family lots is proposed The Planning and Zomng Commission recommends demal (6-1) BACKGROUND The applicant has requested to rezone this property to allow for the development of four single- family homes Current One-Family Dwelhng (SF-7) zoning allows 3 single-£amily homes, but the applicant is requesting Planned Development (PD) zoning to allow 4 lots with reduced lot widths and side yard setbacks This property is currently vacant ~ Ordinance 83-78 placed the subject property in Planned Development (PD-60) on August 2, 1983 with a stipulation that property not developed within four years would automatically revert back to One-Family (SF-7) zoning ~ The proposed single-family use is in keeping with the existing character of this neighborhood, but due to garages dominating the front facade of the proposed homes, this development ~s not consistent with the policies of The Denton Plan (Attachment 1) ~ Fifty-two (52) property owners were notified of the zoning request Seven (7) responses have been received, four (4) are in favor and three (3) are opposed with an opposition rate of 9 3% (Attachment 1) OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny, 4 Postpone consideration 5 Table item RECOMMENDATION The Planning and Zoning Commission recommends denial (6-1) of this zoning request due to concerns regarding the shared driveway entrance ESTIMATED PROJECT SCHEDULE If th~s case ~s approved, the subject property wall have to be replatted PRIOR ACTION/REVIEW The following ~s a chronology of Z01-0042, commonly known as Lee Meadows Apphcatlon Date- October 22, 2001 DRC Date(s) - November 8, 2001 P&Z Date - December 5, 2001 FISCAL IINFORMATION Development of th~s property w~ll merease the assessed value of the c~ty, county, and school d~stnct It will reqmre no short-term pubhc ~mprovements that are thc responsibility of the c~ty ATTACHMENTS 1 Planning and Zomng Comm~ssmn Report, December 5,2001, Lee Meadows 2 Planning and Zomng Commission m~nutes, December 5,2001 3 Draft Ordinance Respectfully submitted ~ouglas ~rPow~ll,/~CP / D~rector of Plannmg and Development Prepared by M~ke Grace, Planner I ATTACHMENT 1 Agenda Number - 01-0031 Agenda Item #0._Z7 Date -12 05 01 LEE MEADOWS (Z0'1~0042} PLANNING & ZONING STAFF REPORT PURPOSE Hold a pubhc heanng and consider making a recommendation to C~ty Council regarding the rezomng of approximately 0 8 acres from a One-Family Dwelhng (SF-7) zomng d~stnct to a Planned Development zomng d~stnct The s~te ~s generally located on the east rode of Audra Lane, south of Mack Place and north of Lee Dnve A Detail Plan for four tangle-family lots ~s proposed ANN V~INDLE SCHOOL FOR YOUNG CHILDREN LOCATION MAP APPLICANT INFORMATION Applicant Michael Kersten Metroplex Surveying 223 West Hxckory Denton, Texas 76201 3 SUMMARY OF ZONING REQUEST' The applicant is requesting Planned Development (PD) zoning for this property This site is currently zoned One-Family Dwelling (SF-7) The applicant is requesting a zoning change to allow for smaller setbacks and lot widths The applicant has submitted a Detmled Plan proposing four single-family lots Lots are proposed to be 8,100 to 9,800 square feet Each home will have a 95% brick and stone exterior A shared-driveway along with off-street parking is proposed in front of each residence Landscaping is proposed along Audra Lane and along the front fagade of each residence COMPREHENSIVE PLAN ANALYSIS The subject site is located in an "F~xlStlng Nelghborhoods/Infill Compat~bihty" future land use area New development an tins distract should respond to existing development with compatible land uses, patterns and design standards The plan recommends that existing neighborhoods w~thln the city be vigorously protected and preserved Although, single-family residential development ~s in keeping with the existing sangle-famfly character of tins neighborhood, the design of this proposed development, specifically the garage orientation, runs counter to the intent of The Denton Plan The Denton Plan discourages houses with garages that dominate the front facade (Urban Design-page 69) Staff finds the proposed zoning to be inconsistent with the intent of The Denton Plan SPECIAL INFORMATION I Transportation A Tnp generation No significant trip generation increases are expected B Access The development would have access from Audra Lane C Road Capacity There are no traffic counts avmlable for this section of Audra Lane Audra Lane is identified as a secondary major arterial road by the 1998 Denton Mobility Plan The most recent traffic count for Audra Lane indicates that there is adequate capacity to handle the calculated trips that could be generated by the proposed development D Pedestrian Linkages Sidewalks along all public streets are required 2 Utihtles Both sanitary sewer and water lines are in place to serve this development 4 3 Drainage and Topography Any new development would be reqmred to design and construct a drainage system to mty standards 4 SIgns As per the s~gn ordtnance 5 LandScapIng This property will have to comply w~th the Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to rematn pervious (plantable area) 6 Open Space No open space ~s proposed 7 Lighting Typically there are no hghbng reequirements for res~denbal developments 8 Env,rOnmental Qual,tylmpacts No negative environmental impacts have been ~dentffied PROPERTY HISTORY August 2, 1983- Ordinance 83-78 placed the subject property ~n a Planned Development (PD- 60) zomng district from One-Family Dwelhng (SF-7) The subject property was designated as recreation or playground area to be mmntalned by a homeowner's association and with a st~pulatlo¢ that any property that was not developed w~thin 4 years would automatically revert back to One-Family Dwelhng (SF-7) zomng d~stnct July 1, 1986 - Ordinance 86-124 specffically excluded the subject property from amendments to PD-60 July 1, 1986-Ordanance 86-123 placed the subject property ~n the Single-family (SF-7) zomng district from PD-60 (Enclosure 1) July 15, 1986-Ordinance 86-139 approved a specific use permit (SLIP) for a day care center, which expired m one year because the constmctmn was not underway within one year after the SUP it was approved The subject property ~s platted If th~s case is approved, the applicant will be required to replat the property PUBLI,~ NOTICE Not,ce or'the zomng request was pubhshed in the Denton Record-Chromcle on November 17, 2001 Fifty-two (52) property owners Wlttun two hundred feet were marled legal notices and one hundred 'thLrty-e~ght (138) residents w~thm five hundred feet were sent courtesy notmes informing them of the request Three (3) responses in opposltmn and four (4) responses m favor of the request have been received to date 5 A neighborhood meeting was scheduled on November 27, 2001 When staff and the applicant got to th~ meeting place it was locked, however, no residents attended It came to staff's attention that several residents did not receive the not,ce until after the meeting The notices were mmled m a timely manner ANALYSIS & RECOMMENDATION Single-family residential development surrounds the subject site Ann Wmdle School for Young Children ls across Audra Lane to the west The proposed zomng and land uses are compatible with the surrounding area and the Intent of The Denton Plan, but the design of the proposed homes do,not meet the intent of The Denton Plan, therefore, staff recommends demal MOTION I move to recommend demal ofZ01-0042 ALTERNATIVES 1 Recommend approval as submitted 2 Recommend approval with conditions 3 Recommend denial 4 Postpone consideration 5 Table Item ENCLOSURES 1 Zomng Map 2 200' & 500' Property Owner Notification Map 3 Opposition Map & Responses 4 Photograph Enclosure1 ZONING MAP Enclosure 2 NOTIFICATION MAP 200' Legal Nobces sent wa Certified Mad 52 500' Courtesy Nobces sent v~a 1 st Class Mad 138 Number of responses to 200' Legal Not~ce · In Oppos~bon 3 · In Favor 4 · Neutral 0 Percentage of opposlbon to be determined by the t~me of the meeting Enclosure 3 SI Received to Date Rae White 1013 Bull Run ~ I do not w~sh to look into someone's window, as I am getting ready for work Also, ~t would significantly increase the traffic ~n front of the pre-school I~'is Anne Daws 1019 Bull Run None stated Rebecca R Burk 1916 Lee Dr~ve In Favor None stated I~awd Brown 1010 Audra Lane In Favor In favor because ~f fits ~n w~th the other small houses in the area Good use of property I~enea Shaffer 1912 Lee Dr~ve In Favor None stated Carol Pollard 1909 Mack Place In Favor None stated No Scale Enclosure 4 SITE PHOTO (ON AUDRA LOOKINGEAST AT SUBJECT SITE) lo Coadcns~It~ ATTACHMENT 2 I Pa~e 41 Page 43 I MR BEATY I do know that lot's been I their rmnd would be able ~ express themselves, dces that 2 2 m~et with ev~yone s approval that we reel~n the pubhc 3 COMMISSIONER KEITH I know 3 beanng? So at ttus t'omt ~n tune we have a mol~on to 4 - 18, 20 yem~ 4 continue We will re.open ~ pubhc beanng and contloue 5 I hve on t 5 and move on to a cm~nua~on vote, e~th~r for or against 6 town and I It quite frequently ~' been 6 the conUnuaUon of tbs to date certain, December the 7 and now I know 7 19th, 2001 Anyfurlx~chscussmn7 Set~ng no further 8 why 8 thscussmn, please, · va: [~u~on cames to continue Item 9 ~'there-- were 9 No 6 on our Agenda ta a date eertam December 19th 2001 10 10 Morton cames 7-0 11 It was originally l I That will Ixmg ~ to Item No 7 on our 12 dupIex'~ 12 Agenda AndI~eml~o 7 ~toholdapubhcbeanngand 13 MR 13 consider mal~ng a m.o~dat~on to thc C~ty Councd 14 14 regerdmg thc rezonm,s_ of ~pproxtmately 8 acres from a 15 BEATY But look at It 15 one-farmly dwelhng s~7 zcm~ng &sh'lct to a planned 16 -- as a property 16 development zomng msmc:t. I have to make And we can 17 The s~te ~s .~eaerally located on tl~ east at doing tt -- 18 s~de of Audra Lane §outh of Mack Park and north of Lee COMMISSIONER KEITH 19 Dave A detefled p~lm f~r four smgl~ fanuly lots ~s of Mulroy's-- 20 proposed Onceaga-n Mr Gracewulpresont 21 together and meet v, aththenelghbors some~ ~andsee 21 MKORnC~. c, ood~eemg, onceagam Lot 22 what you can work out~ 22 me first explam to ym what you're currently beang passed 23 MR BEATY Sure Sl/.re 23 out It's a lot of mfcrmat~n We havo -- wo'vo had 24 COMMISSIONER KEITH Thank you 24 ad&tmnal pubhc nome n:~pon~e~ And that's what the 25 COMMISSIONER RISHEL Commissioners, My 25 first ~ sheets are. edthtaanal responses, two ~n Page 44 further questions regarding the poteetml con,nuance? I opposition and one tn favor of thc new responses :2 The second is a letter that we received COMMISSIONER APPLE JaSt n discussion 3 from one of the properS, owners m the area upset about 4 :'Il be supporting the ~ 4 receiving a neighborhood m~tmg notice late And I'd $ out somotl~ng that will please th* 5 JUSt hke to explain that ~here have been some problems 6 6 with the mall The marl ~s running eight to ten days late 7 Thank you 7 and we were not am of that at the tune That explains 8 For the 8 why that property ~wnea' received that notice late The 9 9 tlurd ts just the srmll~yr copy of the detailed plan that's 10 10 m your backup 11 Just to clair} 11 TIns prc~e~ is located on the east slde 12 6 on our Agenda to a 12 of Audra north of 3,[cIQmney as you can see here It's 13 December ithe 19th, 2000 - excuse me I don't want 13 currently zoned SF-7 T~mt~l'e's a PD surrounding it on 14 to back up m t~me her~ 14 three sides, the nor& so~uth and east and to the west 15 n tl~ acm 15 There's a school mss [he street There's duplex zoning 16 to conUnu© and ¢ not had geed luck 16 to the south of that and ~'.here's single family sF 7 Zoning 17 when we have [ fronds m a 17 to the north of the ~ ~ o~a both sides of Audra Lane 18 two-w~k 18 The appL~.ant as requesting a zoning change 19 potentml ~, and ~ move 19 to allow for small~ setbacks and lot widths than what is 20 on to s : else I hop 20 currently allowed [-y the SF ? zoning The applicant has 21 ~s that we re-ol~n tbe pubhc 21 subnutted a detmle~ plma which you have m your backup ~n the -- and 22 and wbach was Ju~ pas,_~xt out to you illustrating the four that tl~ pubhc would st~ll have an 23 lots The detmled t~Ian ts propastng four single family to speak agem 24 lots in size from 8,r 00 m 9,800 square feet And some I~Oplo that aught havn chanlgxl 25 Each ho=e w~l have a 95 percent back and PLANNING,AND ZONING MEETING DECEMBER 5, 2001 11 Page 41 - Page 44 CondgnsoltTM , Page 45 Page 47 1 atone exterior, a shared driveway along v~th off-street1 noaficamon, that maybe we should maybe consider on th~s 2 parking is proposed m front of each resident This ts 2 after we open the pubhc hoanng continuing flus, because 3 this area m darker gray here Landscaping la proposed 3 of the noaficaoon d~fficult~es9 4 along Audra Lane and also along the front facade of each 4 Ma. ORACF- we could do that, but I would 5 residence as you can see here tn these four locataons 5 hl~ to Ixamt out that a neaghborhood meeUng Is not 6 The Comp Plan designates this area as an 6 requn~ by hw 7 existing neighborhood m-f'fll compatibthty area Thc 7 COMMISSIONERIUSaEL I understand Do you 8 Comp Plan analysis, although, single falmly residential8 fed that ~ mst of the notification was met in the 9 development is m keeping vath the exmtmg single family 9 sprat of ~e law7 [0 charactorofttusnei.ghborhood, the deslgn of the proposed 10 MILLRACE YeS Also, atmchod to the 11 development, specifically, garage onantation runs counter 11 ho~k of t~aat leRer that Mr Rae Wlute subrmtled Is his 12 to the intent of the Denton Plan 12 ~ ncmce that ho sent hack to us for the 200 foot 13 The Denton Plan discourages houses with 13 nov. ficala~n, so he thd receive that one in a tunely 14 garages that dormnato the front facade Andffyouean 14 nmaner amd ho sent that back ~n So that would mthcate 15 look at the design of these homes here, the -- tins 15 thai all elf the nmghbors were adequately notafied 16 portion here of each residence ts the garage wath the i6 COMMISSIONER RISHEL Thank you, Mr Grace 17 parking out in front, the drive there, the parking areas 17 Cccuras~oners, any further questions of Mr Grace? Seeing 18 The -' With this particular type of layout, the garage is 18 note tha~ you very much Is the pehtaoner hem that 19 the donunant feature that you see as your drive north or 19 ~ old ~ to present? Comnussioner Roy 20 south along Audra Lane 20 COMMISSIONER ROY The nature of the 21 ~ Denton Plan thscourages that type of 21 bm3dangs Ilmt are planned, thoy'rc smular to tho other 22 design That information can be found in the Denton Plan22 homes m Ihe area, aren't they* 23 under -- in the Urban Design Secti.en, page 69 Staff 23 MR. ORACE The use is sumlar, and the - 24 finds the proposed zoning to be mconsi.stent wi.th the 24 it s ,nm-eo. nded by single fanuly structures, but the 25 intent of the Denton Plan 25 D~_.an Plan speaks agmnst houses of th~s design type that Page 46 Page 48 I Single family residential development I hax e gar'ages that front the front of the street -- 2 surrounds tlus si.to As I stated earhex, there ts a 2 COMMISSIONER ROY Yes, I understand 3 school across tho street here That is just for 3 MIL GRACE that dominates that And 4 clarification purposes That is the Ann Wmdle School for4 th~ is sametlung that the Deaton Plan is trying to 5 Young Chtldran 5 chscour%,aee That's the whole point of doing the Code and 6 The proposed land uses are compatible with 6 t~'~3 to get that adopted and everything 7 the surrounchng area and the mtant of the Denton Plan, 7 COMMISSIONER ROY But, tn fact, the houses 8 but as I stated earher, the design of the homes do not 8 are ~amrLar to -- the existing houses are sumlar to the 9 meet the intent of the Denton Plan The subject property9 pro-~osed new houses, ts that correct';' 10 is platted and ff tlus case is approved, the applicant 10 MR- GRACE The -- well, it's kind of hard 11 will have to replat this property Property owners within 11 to tell on here, but -- 12 500 feet were nottfied There have heen five responses m12 COMMISSIONER ROY Imean, w~th the garage 13 opposition and five responses in favor A nutghborhood 13 dor'anatmg'~ 14 meeting was scheduled on Novemher 27th, but I heheve the 14 MR. GRACE well, the garages on these 15 weather that evening, the bmlthng was locked and closed 15 ho=es are a much more dormnant feature than the ones 16 and therefore, no one attended And as I stated earlier, 16 surroundang to the north, east and south 17 we found out later that no one reeatved the notices until 17 COMMISSIONER ROY I drove along this road 18 after the neighborhood meeting date anyway 18 Lee -- 19 The following map here shows the properties 19 MIL GRACE YOU can kind of look at these 20 that are m oppomti.en Tlus is the development site and 20 here you can see how much of a part of the front of the 21 the properties m red are the properties m oppomtten 21 home the garage is in comparison to the httle 22 1910 Mack Place, 1013 end 1011 Bull Ren, and 1913 Lee 22 mdentaUon en these if you cen make that out 23 The opposition percentage is 9 3 percent currently 23 COMMISSIONER RiSHEL Once again, tlus is a 24 COMMISSIONER RISHEL Mr Grace, is it your 24 put:.m he. anng I have several Comnusstoners that want to .15 feehng that because of, perhaps, a good froth 25 spee/q apgarently Cormmsstoner Holt PLANNING AND ZONING MEETING DECEMBER 5, 2001 12 Page 45 - Page 48 CondcnscItTM Page 49 Page 5 I COMMISSIONER HOLT Yes Mr Grace, would I house 2 you put that other picture back up that showed the lots, 2 COMMISSIONER MULROY Okay Then I would 3 how tho houses were -- right, that Is that little -- 3 ask you to look at thc proporttonahty of the cxmtmg 4 where that street is or where you would go and turn around 4 neighborhood What proportion of the front scape the 5 to get to those houses, ts that considered a cai-de-sac9 5 garages are now and then what's being proposed and x~ hat 6 MR GRACE NO That would not be 6 the true differential is 7 considered a cul-de-sac That's just a shared drive 7 MR GRACE That was taken into account 8 access to Audra Lane 8 when wc put together thc staff report 9 COMMI~ISIONER HOLT Oil lots hke this, and 9 COMMISSIONER MULROY SO what m the 10 I'm really adamant about not having these gaffes out m 10 percentage of the true dtfferential9 11 front, stiolang out m front, and when you compress them 11 MR GRACE I don't have a figure for you 12 on to four lots hke thts, yon~re going to get -- that's 12 COMMISSIONER MULROY DO you have a ro ~ugh 13 all you're going to see are the garages or the cars when 13 ldea'~ 14 they're parked up there on the drtveways Are them other 14 MR GRACE No, Imallydon't Alllcan t 5 configurattons that could be constdered for these lots 15 say ts the best way visually I could try to point that out 16 hke this9 16 to you wluch is kdnd of difficult to see ts to try to show 17 MR GRACE Yes, there are We met vath 17 you although ttus is a much thfferent scale here, the 18 the appheant I ttunk twice and we looked at a couple of 18 garages on the front of the existing homes surround;ne 19 configurations, but tins ts the one that the applicant 19 tha property aren't quite as a prominent feature 20 chose to move forward with 20 COMMISSIONER MULROY Paght But which 21 COMMISSIONER HOLT But there ar~ some 21 part is the garage, the inset or -- 22 alternatives to this particular -- 22 MR GRACE of these here9 23 MR GRACE Yes, there are 23 COMMISSIONER MULROY Yeah On the 24 COMMISSIONER RISHEL Keep tn rmnd tlus ts 24 existing Let's say look at map -- 25 a zoning issue Commissioner Mukoy 25 MR GRACE The protruding part Page 50 Page 52 I COMMISSIONERMULROY Yes Ijasthave I COMMISSIONERMULROY The protm&ng part 2 Cormmsstoner Roy's concern I full well understand the 2 ts the garage So if you go to Mack Place starting in the 3 Code for new development ts dtscouragmg garage doors on 3 west working east the first lot to the north side of Mack 4 the front of the house, but on an m-fill project, I flunk 4 Place the garage is easily 50 percent The second lot, 5 we're obhgated to look at the surrounding neighborhood 5 it's hard to tell The third lot the garage ts ensfly 60 6 and see ff we're being dispropomonate in what's being 6 to 65 percent 7 proposed 7 COMMISSIONER RISHEL Cormmssioner Mulroy, 8 MR GRACE I'd also hke to point out, as 8 Mr Remhhart would l~ke to see tf he could help you here 9 I stated, the property is currently zoned SF 7 wtuch 9 MR REICHHART If it would enable the 10 would allow single farmly homes But you could probably 10 Comrmssion to better detemune the proportion of garages, 11 only get three homes, I ttm,.k, on there with SF ?, and the 11 the only way we could do that accurately would be to 12 PD would allow smaller lots, smaller set backs, which 12 continue the pubhc heanng and allow us to go out and at 13 would allow four homes to be built there 13 least photograph so we have photogrepluc evidence of what 14 COMMISSIONER MULROY If I'm not rmstaken, 14 the surroanrhng neighborhood is I mean, we can I 15 the houses m that immediate area, Bull Run and Lee, 15 don't thmk anybody knows for sure what the proportion of 16 they're zero lot line houses or patio homes, one or the 16 garages -- tf it's the mset or not and if that 17 other9 17 mformatton is necessary, that's the only way we're go~ng 18 MP, GRACE Yes, theyare 18 to be able to get it to you 19 COMMISSIONER MULROY So the Closeness of 19 COMMISSIONER IVlULROY well, that may not be 20 these four houses, what's bemg proposed really isn't that 20 the only answer, Mr Remhhart My -- what's problematic 21 conceptually far off as far as the distances between the 21 to me ts to seemg the garage being donunatmg IS one of 22 houses m the existing neighborhood, other than tlus ts 22 the mai or factors m not consldenng this, whereas, tf you 23 more of a cluster proposition rather than row houses 23 look at the existing neighborhood, the garages, the> may 24 MIL GRACE NO The major issue would be 24 not be domanatmg, but you're looking at large percentages 25 the prommance of the garage on the front facade of the 25 of the front scape, and tf we aren't violating PLANNING AND ZONING MEETING DECEMBER 5, 2001 13 Page 49 - Page 52 Condons~ItTM Page 53 Page 55 I propomonahty, I mean, tf we rejust sbghtly nm~e ~ I MR GRACE uh-huh 2 them or m the range. Ijustdontthmkthatshn-ldl~ 2 COMMISSIONERKEITH Okay Thankyou 3 one of tha pom~s for us to turn flus down Tha~ may be 3 COMMISSIONER RISHEL commissioner Apple 4 other reas0us, but I just don't mire that on fac~ valee 4 COMMISSIONER APPLE 1 Wa~ JUSt going to 5 COMMIS.~IONF~ msmm cet ma s~o~,~ that 5 reference the point of Commiss~oner Mulroy's kind of 6 we have nOt gotten an opportunay to hear tha ~nbhc, and 6 discussing thc msue when we haven't had the public 7 maybe some of those objeouous will b~ concm:mat ,~th 7 heanng because we may get some mformatlon that rmght -- 8 what the Cenumssion feels and some of ~ mot concurrent 8 COMMISSIONER RISHEL Please if we could do 9 with what,they feel, but we wdl get a better f~'.l of 9 the discussion part w~th the pubhe hearmg purr, then we 10 whm the n~hborhend is gom~ wl~h ti, and ~ we can 10 have plenty of tLme for Commlsslonc~s to speak Thank 11 express ourselvus and how we f~l about it w~n that l~me 11 you, Mr Grace Is the petitioner here that would hke to 12 Is appropnat~ 12 present~ 13 I still have Comauss~oner~ that wo~ald hha 13 MR CUDD commissioners, my name is Frank 14 to speak m splta of have I've md Comnues,e~- K~th 14 Cudd I live at 3013 Broken Bow, Denton, Texas 76209 15 cOtv~MtSSlO~.ma z~rra. Thank you Look~ at 15 This ts the property Fa'st of all, I represent a lot of 16 the plamn$ her~, that s right lx~, I'm h'~nng to got a 16 people that want to buy real estate And the first thing 17 httle bit of an idea and tho surr0unthng lots, w~aat a~ 17 they tell me ts they want to have a house that has a back 18 th~ widths of the lois unmotha~¥ north of ~ 18 yard So this I felt like was the best way to layout for 19 developmom wth tl~ *xcepaon of Lot 1, we",~: got Lot 2, 19 -- to give people what tbey need Okay, a home that has 20 3, and 4, do you know what the vadths of tho*~ lois a~? 20 decent size bedrooms, that has large living areas, a 21 I don't see any mcasummeeis ~ that give m~ any 21 !atchen where you can cook something -- did everybody 22 lnthcatmn 22 receive a packet this evening`) Okay Great Thank you 23 M~ u~c_~ That tufa'manna is not a part 23 So the thing ts -- the question was what 24 of the sublmttal, so I do not -- 24 are the size of the width of the lots surrounding this`) 25 COMMISSIO~.mRROY onemch~-ar~20f¢~t 25 They're 35 feet Okay They're zero lot hne homes Page 54 Page 56 1 COMMISSIONER Kim'H What, 26 facto 1 Mane are 40 feet -- these am 40 foot w~da They are 2 COMMISSIONER ROY Thesgalemaorlelnch 2 going to be l00 percent bnck or stone 'Ihey'mgomg 3 equals 20 feet, so It's a very narrow lot 3 the oxtermr and intoner is going to be closer m style 4 MR REICHHART lbehevethey'r~ 4 to a home that's gomg to be worth $50,000 00 mesc than 5 approximately 40 foot wide 5 the typical home in the neighborhood Yes th~ do have 6 COMMISSIONER ~ 40 foot, okay And so 6 front -- they have 8arages m the front 50 percent are 7 my eyesight Isn't nmi good So these prol:~osed lots, four 7 front catty, 50 percent are side entry gamg~ 8 lots, they're about how w~de~ 8 With the width of thc overall lot, it's 9 MR GRACE ROUghly 40 feet 9 just lmpossthlo to try to get cars in between the homes 10 COMMISSIONER KE1TH Roughly 20 feet you 10 And if there was any way to do that, I would ha glad to, 11 sat& 11 but we have looked at several I thd discuss one other 12 MR GRACE 40, roughly40 feet 12 optionwhare--andldldn'tbnngtt, but wlxa~ you had 13 COMMISSIONER ~ SO they're roughly 40 13 four sgparat~ houses hem, and one street eonung in the 14 feet? So they're approxunatcly about the ~ame vadth as 14 middle So basically, you were loolang at ~ when you 15 what's already existing, correct? 15 were driving by, just loolang at two homes with a lot of 16 MR GRACE tt would appear thar way 16 fence Soyoumallyweren'tdomgagoodjob And 17 COMMISSIONER ~ Okay I~. Ibis how 17 actually the staff actually hked ttus floor plan better 18 this proI~rty was originally platted ts that when flus 18 -- or this plat layout better 19 area was,developed tlns was just left as a Iaole~ 19 The house is going to have -- as Make 20 MR GRACE Right 20 stated, they're somewhere between 8,000 and 10,000 square 21 COMMISSIONER Y,.I:IrH And that's ho'~ tt wus 21 foot lois, the boreas are gomg to have nme foot cethngs 22 plattad otlt7 22 There's 30 to 40 percent ricer covenng will by ceramic 23 MR GRACE Ongmally, Ibehevelhere 23 tde for the h~gh traffic areas Them wdl not be any 24 were plans for a park there 24 vinyl floonng m tha entire home Thc~ will ha 40 to 50 25 COMMISSIONER KErrH okay A park`) 25 square feet m kitchen countm'tops, wtuch m other words PLANNIN(~ AND ZONING MtlBTI'gG DECEMBER 5, 9-001 14 Page 53 - Page 56 CondcnseItTM Page 57 Page 59 1 going back to where I was tallong about -- the kitchen's 1 traffic that's going to he developed there Also, '~e did 2 going to be of good size Il: vail not be -- I've seen 2 not want any on-street parlong So, bas~cally, evcr~ one 3 some of these homes m thT~ area, where the -- if you had 3 of these homes ha~ c up to five places for people to park 4 five, ten square feet of wm'lang area, that's large m 4 between the two-car garage and the three that's outslde of 5 some of these homes 5 the house So that was it What I propose is instead of 6 All of these homes have front entry 6 doing a -- the standard concrete that ts poured in the 7 garages, but most of them are one-car garages And I do 7 driveways in most of the homes, is go to a higher grade 8 beheve this is going to be a q~Ry -- I believe if you 8 where you have a tlucker pour instead of the mmunum that 9 go rotc a neighborhood you should do what's compatible 9 most residential homes have 10 with the netghborhood, bui try to unprove on tt somewhat, 10 COMMISSIONERKEITH Thermnunumls, x~hat, 11 so you can still make a profit, you can still put forth a 11 four roches9 12 good product And that's really all l have to say 12 MR CUDD Yes 13 COMMISSIONER RISHEL Mr Cudd, I believe 13 COMMISSION'ER KEITH Okay So what's '.our 14 Mr Powell has a question of you for clarification 14 proposal on this, slx mch9 15 COMMISSIONER POWELL A couple of questions 15 MR CUDD That would be -- sounds logical 16 Mr -- is it Cudd or Hudd9 16 to me, but I haven't done any research, but I think 17 MR CUDD cudd. C-U-D-D 17 would be sometlung very feasthle 18 COMMISSIONER POWELL cudd, thank you very 18 COMMISSIONER KEITH Stl~l remfomed and 19 much, sir Tell me agmn the sue of these lots What's 19 meshed9 20 the smallest one's size? 20 MR CUDD Definitely 21 MR CUDD It's m excess of 8,000 square 21 COMMISSIONER KE1TH okay Is that in xour 22 feet 22 proposal9 23 COMMISSIONER POWELL Speak rotc the 23 MR cLmn t would put that in them 24 rmcrophone, Sly 24 COMMISSIONER KEITH Okay Because ~2; 25 MR. CUDD It's m excess of 8,000 square 25 something I flunk as wall as stress points for certain Page 58 Page 60 I feet I areas, well, what I mean by wbem they break the concre~ 2 COMMISSIONER POWELL. NOW, the driveway, 2 -- expansion joints, that's what I was after on that 3 ~t's a common driveway Tell me who maintains it 3 M~ CC o~- mght 4 MR CUDD It would be common ownership, I 4 COMMISSIONER lC, El'rE okay So you'd be 5 would guess 5 wflhng to put that into your plan? 6 COMMISSIONER POWELL okay That part 6 M~ CC O~- t certainly would 7 bothers me but I'm unpressed with the fact that you've got 7 COMMISSIONER ~Erm okay Because that 8 an 8,000 unnunum square foot lot beee I gneas that's all 8 would be the big concern is okay, Ws not just the 9 the questions I have Thank you 9 proper~ owners the first nme buyers, but Ws the l0 COMMISSIONER Va..q~L 'thank you, 10 second and thn'd tune homeowners that you have to wow. 11 Comunss~enes Powell Ci.~.~ ~sloner Keith 11 about as well 12 COMMISSIONER Kernt YOU almost got m~ sold 12 MR CUD[~ I 13 be~lookipgatth~s Ldlelsmd, ll~ only -- the mal 13 COMMISSIONERRISHEL comunsslonerApple 14 concern I have is lhe common dm~way, that you've got 14 COMMISSIONER APPLE DO yOU have an example 15 four people - there's going to be four homeowners, 15 of anotho' project where someone has shared four dnv~,~ax 16 property oweess or whommer that s going to be respens~ble 16 successfully? I'm just unagmm8 all kinds of mghtmunsh 17 for this, okay, ff it starts -- you lmow Texas sad aod n 17 situations hke ttus gny's battery dies here and so he 18 gees up aed it goes down and m and out And I have yet 18 can't gn to work or tlus guy over hero bus a parly and so 19 to see a diqv~-~vay around her~ that doesn't have cracks and 19 nobody can leave thor horaes Have you seen this work 20 some of them wind up wurse than that $o if flus thing, 20 somewhere? 21 if it becomes in bad shape, ,~imt is your proposed plan for 21 MR CUDD- [ beheve there is driveways 22 flus common area ~ resolve th: repau-s? 22 hke that off of Windsor Taey'te not designed like flus 23 Ma. CUDD Flrst of all, I want to explain 23 but they are a common area where people dnve in, so ~ 24 why we're having th~s type of a parking area, it's because 24 ~s only one curb cut on to Wmdsor Let's see, just west 25 we only wanted one curb cut on Audra because of the new 25 of Locust, I behove PLANNING, AND ZONING MEETING DECEMBER 5, 2001 15 Page 57 - Page 60 Condense]tTM Page 61 Page 63 I COMMISSIONER APPLE NOW, are you talking I actually has three, I would think that the other three on 2 about the duplexes that it's actually a cul-de-sac with a 2 the right-hand side would be shared with the right three 3 circular9 3 COMMISSIONER RISHEL He has to 10Ye party 4 MR. CUDD NO Actually the parking area 4 notfficotton and make sure the other three are invited 5 parallels to Wmdsor It's on the south side 5 COMMISSIONER MULROY Either you hope y'al[ 6 COIvlMISSIONER APPLE Arid ther~'s four 6 don't back out m the mommg at the same time or y'all 7 single family homes shanng -- 7 don't come home late Friday mght at the same tune The 8 Mil. CtmD I don't know if there's four or 8 problems we have and you'd really need to put in affect 9 not I didn't count them 9 some parkmg easements, some cross agreements with each 10 COMMISSIONER APPLE I'm Just amazed 10 title, but the other problem ts -- it ts a major concern 11 because, to me, I can see lots of problems I con see 11 and tf this goes through and there are problems the lb'st 12 someone having company and -- 12 person they cell -- the first entity ts the City of 13 MR. CUDD I believe that people need to 13 Denton, why did you ever approve something like this 14 start becommg neighbors again 14 that's going to lead to these problems 15 COIVLXHSSIONER APPLE well, that sounds real 15 COMMISSIONER RISHEL of course, If it's a 16 good, but tn reab. ty, we all have neighbors and we all 16 big party they can park across the street at the school 17 knm~ that -- 17 Comm~sstonar Holt 18 MR Ct~D Once again, whenever you market 18 COMMISSIONER HOLT Yes I have question 19 the piece of property, people that am gomg to be buying 19 for Mx Reichhart This sort of rem,nds me of that area 20 ttus, they're going to look and they're going to have to 20 belund the mall where the fire trucks can't mm around 21 understand, there's going to be cooperation if they want 21 and the ambulances can't mm around and the trucks can't 22 to buy thts home If they don't want to cooparate then 22 turn around, and we've had people march tn here and 23 they shottldn't buy it 23 complmn about tt Now, how does this compare to that° 24 COIv~HSSIONER APPLE And it could also be 24 MR REICHHART The shared access area ts 25 purchased for rental property? 25 somewhat similar to that, but I think regardmg fire Page 62 Page 64 I MR CU~D sure I trucks and such, I mean, I believe they would stop on 2 COMMISSIONER APPLE So what type of 2 Audra and be able to fight the fire from Audra and be able 3 agreement -- I mean, when you've got a -- you say that 3 to access the houses from Audra They don't necessarily 4 they'll care for it What type of legal document will you 4 have to pull into the street I could -- I mean, an 5 have that says that they will all ramntam and they will 5 ambulance, obviously, could just pull in and stop right in 6 all -- you knov,, I'm just saemg how you could enforce 6 the rmddle and get to either -- any of the four houses 7 that° 7 COMMISSIONER HOLT Is the tUtTI around 8 MR CUDO I can see where a deed of 8 enough -- 9 restrictions would -- it could be written tutu a deed of 9 'dR REICHHART I don't thank, you know, I0 restnctton.s where they would have to consider those 10 qmte honestly, I don't ttunk we measured the truck to see 11 things 11 if -- what type of truck could turn around m that 12 COMMISSIONER APPLE And who would enforce 12 easement, whether it's a small panel truck or whatever 13 that, the b~ggest guy -- the largest guy m the home* 13 COMMISSIONER RISHEL I think the fire 14 Thank yom 14 department encourages them not to pull on to driveways as 15 COIvlMISSIONER RISHEL Thank you, 15 much as possible and it's close enough to the street that 16 Comrmss~oner Apple Commtsstouer Mulroy, is this a 16 probably it would be accessible, but I appreciate your 17 question for Mx Cudd'~ 17 concern 18 COIvL\flSSIONER MULROY Yes The question ts 18 COMMISSIONER HOLT well, they have to back 19 on the par~g arrangement, if I'm looking at tins -- then 19 up out of that other area 20 any of the four owners could park m those three spaces 20 COMMISSIONER RISHEL An ambulance might be 21 there to ~ north9 21 a thfferent situation, maybe a little closer, and it's not 22 COIVLMISSIONER RISHEL The three odd spaces 22 as hea',3~ of velucle Comnussioner Ketth 2~ over here'~ 23 COMMISSIONER KEITH One more question 24 MR CIrDD Yes I propose that vu'tually 24 here You know, tlus has been a night for problem reel 25 any of t.~ But since the fourth one on the far left 25 estate Have you thought of making this into aA* Movmg PLANN-ING AND ZONING M~ETING DECBMBI~R 5, 9-001 Page 61 - Page 64 16 CondonseltTM Page 65 Page 67 1 on I se0 those thr~ lots so what we probably aught have I get four going out at the same time Commissioners, any 2 there is you have eno of tho homeowners who has mom than 2 fucther questions of Mr Cudd before we start the pubhc 3 two, three, maybe have four cars, and you aught have 3 heanog? Thank you, Mr Cudd 4 somebody who's a hobbyist, who aught take a car and just 4 Once again, we vail open the pubhc 5 park it there and put a cover over it and hog the spot 5 heanog, and anyone who would hkc to speak enher for or 6 Have you thought of that? ! mean, that would bc kdnd of 6 against this item on our Agenda, Item No 7 on our Agenda 7 something that would bc - 7 anyone either for or against, would you please come S COMMISSIONER RISHEL Mayha a horse 8 forward Anyone for or against Item No 7 on our Agenda 9 trailer 9 who would hkc to speak either for or against? Seeing no 10 COMMISSIONER KEITH WeII, maybe even a 10 one, I will close the public heanng Beings we had no 11 horse trailer that shouldn't belong them, you know 11 one that was going ~ speak regarthng U, we wdl not have 12 Ma CODe ACtUully, Ihaveconsiderod 12 arebuttal AnyquesUons, Comnassmners, ofMr Cuddor 13 that Actually, hatv~m the first home and tho second 13 Mr Grace? 14 home and hatw~n th~ durd and the fourth, tlmWs 14 COMMISSIONER POWELL [ have a qucsUon of 15 ectoally a space for a vckuclc with -- a vehicle to bc 15 Mr Gracc 16 ablc to be pushed, drug or drivcn ~ the baek yards And 16 COMMISS[ONERRISHEL commlsslonerApple 17 tho way We would lay out thc fence Is so that th~ would 17 COMMISSIONER APPLE NO question 18 havc aceoss to thc hack yard with a velncle Butlf 18 CO\IMISS[ONERR[SHEL coulmlssloaerRoy 19 they're just slx~t parlrdng basically and storms a ear on 19 COMMISSIONER ROY I guess J have less of a 20 the street, and thoy'~ not going tu move it, then I dnnk 20 a question and more of just a cornmeal I see tlms empty 21 the deed of rostrlctloas should cover that as well 21 lot m the m~ddle of this neighborhood and I saw the one 22 COMMISSIONER KEITH okay That's what I 22 the case before this an empty lot m the huddle of the 23 was just concerned about, those three right them You've 23 neighborhood, so, personally, I hke the idea of these 24 got th.r~ down hero on house number -- on the south s~do, 24 in fill projects rather than going out on the edge of town 25 whatever that :s, house D, I think you call it? 25 and bmlthng four now units so I'd hke to try to see how Page 66 Page 68 1 MR CUDD yeah, uh-huh 1 we can fill m these empty lots and so I'm tn support of 2 COMMISSIONER KEITH You've got, what, 2 the concept of filhng m these empty lots 3 three purkmg spots tn front of that one? 3 COMMISSIONER RISHEL SO 18 thc Denton 4 MR CUDD Right 4 Plan ComrmsstonerPowell 5 COMMISSIONER KEITH okay What's the 5 COMMISSIONER POWELL Thank you, Mr 6 average size of the houses gems to be agmn? 6 Chairman Mr Grace, I flunk you said, and I may be 7 MR CUDD 1,300 square feet 7 puRlng words tn your mouth that are wrong that you could 8 COMMISSIONER KE1TH 1,300, okay I was 8 only put three houses on this plot and meet thc 7,000 foot 9 gems to say, your walhngnass to come tn and beef up that 9 criteria The developer says he can put four on there and 10 area sounds fine, but I just see problems for the people 10 the smallest lot ts 8,000 foot Can you help me here9 11 m shanng that, and so unless you've got some pretty 11 MR GRACE He can put four lots tf the eD 12 ttght deed restrictions and then say how they're gems to 12 is approved That would allow -- approvmg the detad 13 be enforced ts wbeever ts the meanest one on the block, 13 plan wdl allow four lots there Because of the PD 14 right9 14 you're kind of allowed to set your own boundaries, so to 15 MR CUDI~ sounds good to me I'm sure 15 speak 16 everybody's gems to be cooperatang m all that 16 COMMISSIONER POWELL oh, I understand 17 COMMISSIONER RISHEL Conumsstoner Apple 17 that 18 COMMISSIONER APPLE I'm sorry But not to 18 MR. GRACE whereas the current zoning 19 add to the thlemma, but I can just envision all four of 19 would not allow -- for example, I believe the side yard 20 them being late for work one day -- 20 setbacks are two and a half feet 21 COMMISSIONER RISHEL One of tho good 21 COMMISSIONER POWELL oh, tt was the set Z2 tt~ngs ts that the egress to the street ts wader than 22 backs that were the problem, not the square footage9 Z3 normal, so, you know, I could see two cars being able to 23 MR GRACE Right, and also lot size -- 24 pull on there at tho same time, one going m, one going 24 MR. REICHHART Lot wadth 25 out So that has an advantage I don't know ff you could :25 MiL GRACE Lot wadth per the current PLANNINO AND ZONING MEETING DECEMBER 5, 2001 Page 65 - Page 68 17 Condens~ItTM Page 69 Page 71 I zoning I parking and the concrete Is probl~raatm against thc 2 COMMISSIONER POWELL All right Lot wadth 2 backdrop of existing neighborhoods, the garage doors are 3 not overall lot size I understand now Thank you very 3 not problematic in my mand, it just may not be the right 4 much A comment of nune, however, is that I've recently 4 scheme for dus m-fill Thank you 5 been on Lee Street and on flus north/south street, the 5 COMMISSIONER mSHEL conmussxoncr Powell 6 first one betund or the f~rst one to the west of flus lot, 6 coMMISStotqea POWELL ! too, Will VOte for 7 and I'm here to tell you that these garages don't donunate 7 this, though I really don't want to, but I will because I 8 the front of the property near as much as the existing 8 just am womed about the same things that Mr Kenh and 9 ones do Just a comment 9 Ms Apple were womed about There's just no way that 10 I recognize that the new plan doesn't want 10 that's going to work out I vc owned cluster property and 11 front opening garages or front dominant garages, but the 11 luckily I owned it all, and I had tenants But it was a 12 existing garage are much more donunant tf that's what the 12 constant battle to keep them from tut~iog each other over 13 word is, than flus vnll ever be I've been there 13 the head And I'm goiog to have to vote against It based 14 recently 14 on that 15 COMMISSIONERRISHEL Thankyou, 15 COMMISSIONERRISltEL was that before or 16 Cormmsstoner Powell Any further d~seusston? Questtans 16 after you v, ema Captain? 17 of Mr Grace? Any further closing comments? 17 COMMISSIONER POWELL That was before, s~r 18 MR GRACE oh, I'm sorry Staff 18 COMMISSIONERRISHEL Thank you, 19 recommends denial 19 Comrmssmner Any further comments? I would just hke to 20 COMMISSIONER RISHEL IS there a motion9 20 say that I want to encourage, also, in-fill And both of 21 Conumsstoner Apple 21 the plans that ~ put forth earhar today including this 22 COMMISSIONER APPLE I move to recommend 22 plan, I llunk are workable situat~ons And I th~nk we, as 23 denial of Z-01-0042 23 a community want to sea io-fdl as opposed to sprawl 24 COMMISSIONER RISHEL I$ there a second9 24 And it's always good when we can utilize our resources of 25 COMMISSIONER HOLT second 25 already existing iofrastrueture and put it to use I Page 70 Page 72 I COMMISSIONF~. msaEr It's been moved by I don't feel this is the best plan for the netghborhood and 2 Commissioner Apple and seconded by Cenmussloner Holt Any 2 as I look at the rest of the netghborhood tn that area, 3 further discussion? Commissioner Apple 3 although, tt may have front entry driveways and maybe not 4 COMMISStONE~R APPLE t'd JUst hke to give 4 the best appeal, I don't tlunk tt would be a program that 5 the reason for my motion I just Sec fills as an accident 5 ~- or a subdaviston that we would approve under today's 6 wamng to happen And, I, too, am in favor of in-fill 6 standards And I, once again, agree wtth the other 7 property, but I think a would be more appropriate to 7 Commissioners that have spoken, we would like to ratse 8 m-fill ~n with thr~ houses on appropnate lots vath 8 those standards and have a little b~t more presentable 9 appropriate dnv~'ays than to try to cram four houses m 9 communtty Commtsstoner Roy 10 th~s configuration on thom 10 COMMISSIONER ROY SO If we agree with the 11 COMMIS$1ONflR RISHaL connnlssloner Holt 11 proposal, then what happens with th~s? Mr Grace -- 12 COMMISSIONER HOLT Basically, Ms Apple 12 COMMISSIONER RISHEL The proposal is to 13 just said what I was going to say I do agree ,aath Mr 13 deny 14 Roy though, I love to sec this in-fill, but I thiok we are 14 COMMISSIONER ROY Yes, if we agree w~th 15 trying to raisc thc bar on what wn're bmlthng m Denton, 15 the proposal to deny, will the apphcant likely come back 16 and I llunk the only way to do :t is to try to basically 16 with three units or some other arrangement or do you have 17 follow the plan that we have worked so hard to try to get 17 any idea9 18 moving 18 MR GRACE I would have to pose that to 19 COMMISSIONER RtSHEL Thank you 19 the applicant I'm not exactly sure 20 Conumssioner Mulroy 20 COMMISSIONER RISHEL commissioner (sic) 21 COMMISSIONF-R MULROY YeS I will be 21 Retehhart -- Mr Reichhart 22 voting for the motion but - because - I wanted to echo 22 MR REICHHART The applxcant, tf the 23 Ma' Roy's conunents I llank we should be encouraging 23 motion carries and this applicat~on xs dented, the 24 m-fill I dank we need to work a httle harder to do 24 applicant has ten days to request that he still forward 25 a Tins cluster plan nught have success, but ff the 25 flus appheation on to City Council If he doasn't do PLANNING AND ZONING MEETING DECEMBER 5, 2001 Page 69 - Page 72 18 Condons~ItTM Page 73 Page 1 that witlnn ten days, th~s apphcaUon d~es If ha does , and fig northern porUon Is zoned sF 7 3'0 thc 2 that within thc ten day period It dcgs go on to City TO the west -- on the west sidc of 3 Council It would mqtu~ tho super majority vote or a 3 Mcganney And 4 6 1 vote to get tho approval 4 7 corr~t And then after - again, if it is domed, the 7 portion 8 apphcant could come back with a chff~at zoning 8 be difficult to devclo 9 apphcataon if it's substantially different If it's not 9 ~s 50 feet by 143 10 ha has to wmt another -- a year If h~ wants to bnng 10 into one 11 the exact same plan back, he'd have te wait a year and I 11 And with that replattmg 12 don't ttnnk he'd be able to do ~t at that ttmc because w~ 12 83 by 143 feet 13 won't have PDS 13 This woul 15 further questions? Onc~ again, w~ have a moUon from 15 considered stn 16 Comnussioner Apple and a second from Comnussioner Holt 16 currently 17 ff you you'd vote, please The motion names to deny 17 18 6 1 18 20 ~$IONER RISHEL That will move us ~_........'~ 20 Plan zoning is less 21 It~ oN 8 on our'~tem No 8 ~s ~bhc 21 similar to what is currently existing 22 beanng and consider malan~dat~on to City 22 The proposed dotelopmcnt would 23 Council regarding ~.~a~ng of approx-h~ 8 acres 23 that are compatible w~th the 24 fm~y dwelhng si: 7 zoning district to~ll'-........_ 24 area Staff finds the zoning to be consistent 25 ...,..ln'a'fined development zoning d: stunt ~ 25 ha intent of the Denton Plan Pa~ Page The s~te is g~nerally located on the east If general r~tml zomng is approved, a of Audra Lane and south of Mack Park and north the n~¢ commercial t Ye. ah, I got thc wi'ong one Excuse me I'm e adjacent less intensive uses to the no~ 4 8 4 the SF 7 zoning that's currently in place 5 5 s~aff recommends that a site 6 6 approved r to any deselopment cceived one 8 heanng -- to me -- hold the 8 2001, and neutral ~ That 9 a gcommendaUon to 9 10 CIt~ 33 10 available for further 11 acres from a single faaul! ; &stunt, sF 7 and a 11 13 me -- ~t' sF-7 and a commercial 13 COMMISSIONER Thank you Mr Grace, 14 C d~stnct 14 you say the ,f that, SF 7 that is 15 The site t~ 15 vacant at this time? 16 McKmnc known as 1121 East 16 Ma -- there 17 McKmney 17 is a -- th, ection of th~ zoned SF 7 18 as Lot 14 18 Now, the 20 resta~ant is proposed Mr Grace will 20 That l~ Is it 21 / MR ~gAc~.tf we can get thacamera 21 the curcent owner of these other twc m/I would hke to point out thc surrounding zol MiL ORACE. this is land of d~fficult to read I know that The correct? ! southern portion of the property is zoned commercial MR OP.~CE NO Ho owns thc two lots LANNING AND ZONING MEETING DECEMBER 5, 2001 Page 73 - Page 76 19 ATTACHMENT 3 ORDNANCE NO AN ORDINANCE OiF TEE CITY OF DENTON, TEXAS, PROVIDING FOK A ZONING CHANGE FROM ON'~-F~_MILY DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND U~E DI~SIGN_-~TION TO PLANNED DEVELOPMENT ('PD) ZONqXG DIS'FP, ICT CLASSIFICATION A..ND USE DESIGNATION FOK A SINGLE FAMILY DEVELOPMENT FOP. API:KOXIMA'i ~-,~ ,Y ~ 8 ACRES OF LAND LOCATED ON TH3E EAST SIDE OF AUDRA LANE, SOUTH OF NE4CK PLACE AND NORTH OF LEE DRIVE, DESCRIBED AS LOT 22, BLOCK B OF ~ LEE MEADOWS ADDITION, PROVIDING A DETAV[ g.D PLAN, PROVID_-NG FOP. A P~---NALTY IN THE MAXIMUM AMOUNT OF $2,O00 0~ FOR VIOLA'EONS ~O1:. PP.OVIDING A SEVERABILITY CLAUSE ANrD AN EFFECTIVE DATE (Z01-0042) _. '~¥B-RR.EAS, ~.chml Kerstcn, on behalfofDawd Brown unUated a change m zorn~-_- for 0 8 acres of lind from On~-Fa-dy (SF-7) zoning chstnct classification and use deslgn~_tion to Planned Develop~-ent (PD, zommg ~stnct classification and use designation, and ~'Iq'RR.EAS, m D:c..ember 6, 2000, the pl~unmg and Zoning Comm,sslon cog:uded a public hem-rog as ~'~lu~red'.'y law, after which Commission recommended demal of the r~quested change m zo~ng, amc[ IX'H-ER.EAS, fine C:ty Council finds that the change m zoning is consistent ~-~th the Comprehmslve P.an, _-NO~, THEKEFORE, THE COUNCIL OF 'EI-IE ~TY OF DENTON HEREBY ORDAINS SECTION I 'L~he wum§ district classgicatlon and use designation of the 0 8 acre yroperty described as Lot 22, B]ockB of the Lee Meadows Addition is changed from One-l:~m~l~ ~velhu~ (SF-7) zwmg dl.~nci: cla.~,-uficatlon and use deslgnat~on to Planned Development (PD~ dlstnct chssifica~m amd t~-e designation under the comprehensive zomng ordinance of th.~ City of Denton, Texas ~,~ th~ dealed plan attached hereto and made a part hereof as Extn'blt "A" (the "Dctailei Pllm") ~ h~eby adopted, subject to the following conditions D~.velopmmt of th: subject property is restncted to the uses shown on the Detall~c Plan SECTION 2 The City's official zoning map is amended to shov, the change m district chssifica~am SE_-CTIOI~ 3 Jif a~.,' proxaslon of tl~s ordinance or the apphcat~on thereof to any gxson or c~rcums -trace is ]zld inv~d by any court, such invalidity shall not affect the x alicht) ef other provmor, s or appkcations md to tins end the provisions of this ordinance are seserable 20 SECTION 4 Any p~rson wolattng any pro~s~on ofth,z or~-n~uc~ ~:~rk .upon mnvScuc-~, be fined a sum not exceeding $2,000 00 Each day tha~ a prouslon ofrh~ or~=~.ce is ~aoL~ed shall consatute a separate and d~stmct offense SECTION 5 That tlns ordinance shall become effective fo'~teen (:z) days fr~m the a-e of ars paasmge, and the City Secretary is hereby d~rected to cause the czpuo: nf t+~ or.~,n~-,ee :o be pubhshed t~aee m the Denton Record-Chronicle, a daffy ne~ spap~ pubk¢_- ~ ~n v. he C'ty efD~ton, Texas, vv~th~n ten (10) days of the date of its passage ]PASSED AND APPROVED thrs the d~' of ,2301 EULL~q~ BRCCK. 5£~YOR. ATTEST JEN~'NqlFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FOP~M HERBERT L PROUTY, CITY.~rrO~Y BY~ ~ Exhibit A 22 AGENDA DATE: January 8, 2002 DEPARTMENT: Planning Department CM/DCM/ACM: Dave H~ll, 349-8314 SUBJECT - Z01-0043 (McKtnneyLaundryandRestauranO Hold a pubhc hearing and consider adoption of an ordinance rezomng apprommately 0 33 acres from a Single-family (SF-7) and Commercml (C) zomng d~stnct to a General Retad (GR) zomng d~stnct The site is generally located at the northeast comer of McK~nney Street and Wood The property is legally described as Lot 14 and 15, Block 1 of the College %ew Addition m the C~ty of Denton, Denton County, Texas A laundry and restaurant are proposed The Planmng and Zomng Commission recommends approval (7-0) BACKGROUND The apphcant has requested to rezone this property to allow for the development of a laundry and restaurant Part of the subject property ~s vacant and part ~s occupied by a s~ngle-famlly home that is to be demohshed ~ Ordtnance 69-1 placed the southern part of the subject property ~n the Commercml (C) zoning dasmct and land use classification Ordinance 89-185 placed the northern part of this property m the One-Family (SF-7) zoning district and land use classification ~ The proposed development is consistent w~th the pohc~es of The Demon Plan ~ Thmy-four (34) property owners were notffied of the zoning request No responses have been received (Attachmem 1) OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table ~tem RECO ~MMENDATION The Planning and Zoning Comm~smon recommends approval (7-0) ofth~s zoning request ESTIMATED PROJECT SCHEDULE If th~s case ~s approved, the subject property w~ll have to be replatted PRIOR ACTION/REVIEW The following is a chronology of Z01-0043, commonly known as McKlnney Laundry and Restaurant Application Date- November 5, 2001 DRC Date(s) - November 15,2001 P&Z Date - December 5,2001 FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district It will require no short-term public improvements that are the responsibility of the city ATTACHMENTS 1 Planning and Zoning Commission Report, December 5, 2001, McKlnney Laundry and Restaurant 2 Planning and Zoning Commission minutes, December 5,2001 3 Draft Ordinance Respectfully submitted I~uglas S,/~owdl, AIL~ / ' Director of Planning and Development Prepared by M~ke Grace, Planner I 2 Agenda Number- 01 0031 ATTACHMENT 1 Agenda Item - Date-12 05 01 MCKiNNEY LAUNDRY/RESTAURANT (Z0t,0043) PLANNING & ZONING STAFF REPORT PUp, POSE Hold a public heanng and consider making a recommendation to City Council regarding the rezonmg of approximately 0 33 acres from a One-Famdy Dwelhng (SF-7) and Commercml (C) zomng d~stnct to a General Retail (GR) zomng d~stnct The site ~s generally located at the northeast corner of McK~nney Street and Wood, commonly known as 1121 E McK~nney and 304 Wood Street The property ~s legally described as Lot 14 and 15, Block 1, College V~ew Addibon A laundry and restaurant are proposed LOCATION MAP APPLICANT INFORMATION Apphcant D E Rltter D E Pdtter Architects 4001 Tan'ant Main DFW, Texas 76040 Z01 0043 (McKinney Laundry Restaurant) Prepared By' Mike Grace SUMMARY OF ZONING REQUEST The apphcant ~s requesting General Retml (GR) zon,ng for th~s property The northern lot of the s~te ~s zoned One-Family Dwelhng (SF-7) and the southern lot ~s zoned Commercml (C) The apphcant ~s requesting a zomng change to allow for commermal uses A laundry and s~t-down only restaurant are proposed The ex~stlng commercml lot ~s approximately 33' x 143' m s,ze and would be d~fficult to develop The ex,sting res~dentml lot ~s apprommately 50' x 143' Therefore, the apphcant will be proposing to replat two small lots into one lot, w~th &mens~ons being approxtmately 83' x 143' Th~s will allow for the development of the laundry and restaurant Although the proposal ~s considered stop development, commercml development ~s currently allowed and ~s m keeping w, th the character of development along McK~nney COMPREHENSIVE PLAN ANALYSIS The subject she ~s located ~n an "Existing Ne~ghborhoods/Infill Compatibility" furore land use area New development m th~s d~smct should respond to ex,sung development wuth compauble land uses, patterns and design standards The plan recommends that ex~stmg neighborhoods wah~n the mty be wgorously protected and preserved Commercml development ~s currently allowed along McK~nney The proposed General Retml (GR) zomng ~s less ~ntens~ve and ~s s~mflar to extsung development along McK~uney The proposed development will prowde neighborhood servme level uses that are compauble w~th the surroun&ng area Staff finds the proposed zomng to be consistent w~th the ~ntent of The Denton Plan SPECIAL INFORMATION 1 Transportation A Trip generation No s~gmficant tnp generation increases are expected B Access The development would have access from Wood Street C Road Capamty There are no traffic counts avarlable for Wood Street Wood Street ~s ldentffied as a local street by the 1998 Denton Mobility Plan Th~s road ~s designed to be a two (2) lane un&v~ded street w~thout parking, providing two (2) lanes of through traffic Wood Street is currently constructed w~th two (2) lanes w~thout parking Z01 0043 (McKInney Laund~J-Restaurant) ~ ~1 Prepared By' Mike Grace 4 D Pedestrian Linkages S~dewalks along all public streets are required 2 Utilities Both samtary sewer and water hnes are m place to serve this development 3 Dra,nageand Topography Any new development would be reqmred to design and construct a drmnage system to c~ty standards 4 S,gn$ As per the sign ordinance 5 Landscaping This property vail have to comply vath the Landscape Code, whmh reqmres fifteen (15) trees per acre and twenty (20) percent of all surfaces to remmn pervious (plantable area) 6 Open Space No open space is proposed 7 L~ght~ng L~ght~ng on the property would be reqmred to be designed and mmnta~ned so as not to sh~ne, on or otherwise d~sturb surrounding residential property or to sh~ne and project upward to prevent the d~ffus~on ~nto the mght sky Th~s reqmrement can be written ~nto the ordinance as a condition of approval 8 Env,ronmantal Quality Impacts No negative enwronmental ~mpacts have been ~dentlfied PROPERTY HISTORY Ordxnance 69-1 placed the southern part of the subject property in the Commercial (C) zoning district and land use classification Ordinance 89-185 placed the northern part of thxs property m the Single-family (SF-7) zoning dxstnct and land use classfficatmn (Enclosure 1) The subject property ~s platted, but would have to be replatted prior to any development PUBLIC NOTICE Notice of the zomng request was pubhshed in the Denton Record-Chronicle on November 17, 2001 Thirty-four (34) property owners vatlun two hundred feet were mmled legal notices and one hundred thxrty-five (135) resxdents vathm five hundred feet were sent courtesy notmes informing them of the request No responses have been received A neighborhood meeting was held on November 29, 2001, but no residents attended Z01-0043 (MoKinneyLaundry Restaurant) Prepared By Mike Grace ANALYSIS & RECOMMENDATION There are retail estabhshments along the north s~dc of McKmney to the east and west of the proposed development s~te S~ngle-famfly homes hne the south s~de of McKmney at th~s location If General Retail (GR) zoning ~s approved, a buffer should be reqmred between the new commercial use and adjacent existing less mtens~ve uses Staff recommends that a S~te Plan, per section 123 of the Code of Ordinances, be approved prior to development that addresses development concerns such as bUffenng, landscaping, hght~ng, architecture and access The proposed zoning and land uses are compatible w~th the surroundmg area and the mtent of The Denton Plan MOTION I move to recommend approval of Z01-0043 w~th the following conditions 1 Prowde a site plan prior to building permit ~ssuance per Section 35-123 of the C~ty of Denton's Zonmg Ordinance Smd s~te plan should address buffenng, landscaping, hghtmg, architecture and access at a mlmmum ALTERNATIVES 1 Recommend approval as submitted 2 Recommend approval w~th condmons 3 Recommend demal 4 Postpone consideration 5 Table ~tem ENCLOSURES 1 Zoning Map 2 200' & 500' Property Owner Notffieat~on Map & Responses 3 Photographs Z01 0043 (McKInney Laundry-Restaurant) Prepared By' Mike Grace 6 Enclosure1 ZONING MAP Z01 0043 (McKinney Laundry-Restaurant) Prepared By' Mike Grace Enclosure 2 No Scale NOTIFICATION MAP 200' Legal Notices sent wa Certified Ma~l 34 500' Courtesy Notices sent wa 18t Class Ma~l 135 Number of responses to 200' Legal Not~ce · In Opposition 0 · In Favor 0 · Neutral 0 Percent of land w~th~n 200' ~n opposition 0,00 % Z01 0043 (MaKinney Laundry Restaurant) ~ ~ Prepared By{ Mike Grace 8 Enclosure 3 SITE PHOTO (LOOKING FROM WEST) Z01 0043 (McKInney Laundry Restaurant) Prepared By Mike Grace 9 ENT 2 Page 75 that within ten days, thts apphcation dies If he: does I currently, and the northero port]on IS zoned sP 7 TO thc w:thm the ten day period :t does go on to City 2 east you have SF ? To the west - on the west side of 3 It would reqmre the super majority voth ¢ 3 Wood you have conunerclal along Mcganney And to the south 4 4 you hava ss 7 5 ~ecause we 5 The appbeant is currently proposing a 6 m~eause you 6 laundry and restaurant The existing conunarcial lot 7 correct -- again, if ~ 7 portion ~s approximately 33 by 143 feet m size and would 8 8 be difficult to develop The existing residenual port~on 9 apphcataon ff :t's If Ws not 9 Is 50 feet by 143 feet, therefore, the apphcant will 10 he has to wait another -- he wants to bnng 10 propose to repha both of these smaller lots ~nto one 11 the exact same wait a year and I 11 And with that replattmg the lot would be apprex~mately 12 don't think ; because we 12 83 by 143 feet 13 13 This would allow for the development of the 14 14 laundry and the restaurant Although the proposal is ] 5 Once again, 15 considered stop development, conunerclal development is ] 6 16 currently allowed and Is In keeping with the character of 17/__. please The motaon names to deny 17 development along Mcganney 18/6-1 18 This area Is designated as an existing ] 9 (COMMISSIONER ROY VOTED IN OPFOSITION ) 19 neighborhood le fill compahbihty area by the Denton 20 COMMISSIONER RISHEL That vail move us to 20 Plan The proposed general retail zoning is less 21 Item No 8 on our Agenda Item No 8 is to hold a pubhc 21 intensive and Is simdar to what is currently exisUng 22 hearing and cons~dar making a recommendauon to City 22 along MeKmney The proposed development would provide 23 Couned regarding the rezomng of approximately 8 acres 23 neighborhood service uses that are compauble vnth the 24 from n one furmly dwelhng SF ? zoning distant to a 24 surrounding area Staff finds the zoning to be consistent 25 planned development zoning thstnct 25 w~th the intent of the Denton Plan Page 74 Page 76 1 The s~te ~s generally located on the east I If general retail zoning is approved, a 2 sule of Audra Lane and south of Mack Park and north of Lee 2 buffer should be required between the new commercial uses 3 Drive Yeah, I got the wrong one Excuse me I'm going 3 and the adJacent less intensive uses to the north, which 4 to start vath Item No 8 4 ~ould be the sF ? zoning that's currently in place .5 COMMISSIONER ROY We don't want to go 5 Also, staff recommends that a site plan be 6 through that again 6 approved prior to any development Staff has received one 7 COMMISSIONF~, ~SHEL Yeah, hold the pubhc 7 response and that response was received December 3rd 8 heanng -- I kn~w that sounded familiar to me -- hold the 8 2001 and that response was a neutral response That 9 public heanng and consider mahng a recommendation to 9 concludes my presentation I believe the applicant is 10 City Council regarding the rezonmg of approxmmtely 33 10 a~adable for further quest~omng 11 acres from a single family zomng district, sF 7 and a I l COMMISS[ONER RISHEL comlIllssloners, any 12 commercial zoning chstnct general retad, OR 2n excuse 12 questions of Mr Grace? Commissioner Ke~th 13 mc lt'sasmglefamllydwelhngsF?andacomm~cml 13 COMMISSIONERKEITH Thankyou Mr Grace 14 C zoning distant to a general retail zoning thstnct 14 you say the property just north of that s~ ? that is 15 The site is generally located at the northeast comer of 15 vacant at this nme? 16 McKmney Streat and Wood eommouly known as 1121 East 16 Ma ~O. CE lbeheve the northern -- there 17 McKmney and 304 Wood Street 17 is a - the nor, hem section of this lot is zoned sv 7 I $ The propeay ~s legally deathbed as Lot 14 18 There is a vacant house sitting on the property Now the I9 and Lot 15, Block 1. College View addfl~on A laundry and 19 lot just to the north of that, I behave, ~s vacant 20 restaurant is proposed Mr Grace will present 20 COMMISSIONER KEITH That Is vacant I$ tt 21 MR ORACE. If we can g~t the camera to zoom 21 owned by the current owner of these other two lots? 22. in, I would ltke to point out tim surrounding zoreag nses 22 MR ORACE Yes ~3 I don't know if this ~s as close as he can get or not, but 23 COMMISSIOI~ER g. El?lt SO he owns all three Z4 this is kmd 0f thfficult to read Iknowthat The 24 lotsthen, correct? Z$ soutbem posen of the property ~s zoned commerotal 25 MR Or, riCE NO He owns the two lots PLANNTN[G AND ZONING MEETING DECEMBER 5, 2001 10 Page 73 - Page 76 Condens~ItTM Page 77 Page 79 I COMMISSIONER KEITH okay I square feet or 2,800 square feet t.~ng along vath the 2 MR GRACE The two closest to MoKtnney 2 landscape - provithng landscape and the parkang 3 COMMISSIONER KEITH Okay So the flurd 3 requirements of the City 4 lot is owned by someone else? 4 So I tlunk that -- without the residential 5 MR GRACE Someone else, right 5 it is impossible if I would say, other than puthng a five 6 COMMISSIONER KEITH Okay Thaok you 6 foot or ten foot sUnp It would be difficult to develop 7 COMMISSIONER RISHEL comnusmoner Holt 7 it as a general retail or anything 8 COMMISSIONER HOLT what Is on the lot that 8 COMMISSIONER RISHEL I beheve our 9 is to the west, that great big building? 9 Comnussxoners have some questions Commissioner Apple 10 MR GRACE That is a -- 10 COMMISS[ONERAPPLE mst pu~ly i I COMMISSIONER ROY AI'S Furnltur~ 11 reformational, what ~ of iestaurant? 12 MR GRACE Al's FlilTlllllre and I flunk to 12 MR $ONAWALA Oh, R IS -- It's like v~'y 13 the west of that is a ¢onvemence -- 13 deli type They didn't want to go for something wl~ch we 14 COMMISSIONER ROY Oh, to the west of it 14 know, the branded ones I think they wanted to ha'~e their 15 I'msorry To the east is Al's 15 own It seeps ~nto thls commumty very well, mfact. 16 MR GRACE TO the west there's a ! 6 beiter 17 conveoleoce store, I believe and you're correct there's an 17 COMMISSIONER APPLE sandwich deh-style 18 AI's Furniture store to the east And to the west of Wood 18 did you say? 19 IS a convenleoce store 19 MR SONAWALA Y~q 20 COMMISSIONER RISHEL COl~SSloners, any 20 eoMMISSIONF~R APPLE Thaul( you Il further questions of Mr Grace? Thank you, Mr Grace Is 21 COMMISSIONER RISHEL COlnllllSSlOn~r Ko,th 122 the petitioner here that would like to present? 22 COMMISSIOIVER KEITO Thank you Since 23 MR ~ONAWALA My name ts Irfan, and it's 23 there's a piece of property just north of you that you do 24 4001 Tarrant Mmn Di~v - 24 not own that's vacant, at soma point in tune thafs going 25 COMMISSIONER RISHEL would you give us -- 25 to have to have -- you know, somebody may want to use ii, Page 78 Page 80 I is that your last name? I what is your plans to create a barrier between your 2 MR SONAWALA NO That's my first name 2 commercial and that? 3 COMMISSIONER RISHEL would you give us -- 3 MR SONAWALA [ think whatever City vail 4 MR SONAWALA My last name is Sonawala, 4 describe and City will recommend, we will go for it If 5 It's S-O-N-A-W-A-L-A I know it's difficult 5 they would require a fence to be put we will put a fence 6 COMMISSIONER RISHEL And the address 6 on We have no problems with that And the questmn what 7 again 7 you had before with Mr Orace and that was, that thc lot 8 MR SONAWALA It's 4001 Tarrant Ma, n, DFW, 8 which is empty to the north of what the owner owns, and 9 Texas 76040 9 that is actually belonged to the person who is north of 10 COMMISSIONER RISHEL what is DFW, Texas'~ tO that site So if you go for 13 whatever ~s tlus sac, on 11 MR SONAWAI_3. DFWISDFW It~szoncdm 11 topoflt, whaeverowns, I know my finger ls loo fat -- so 12 DFW It'sa¢lty 12 whceverowns, ttus lot belongs to hun And ha has made a 13 COMMISSIONER RISHEL okay 13 small landscape-type th~ng over there and we would 14 COMMISSIONER ROY YOU learn somethtng 14 appreciate - put a fence on or whatever R requwes 15 every day 15 COMMISSIONER RISHEC Mi' Reachhart would 16 COMMISSIONER RISHEL Thank you I believe 16 hke to help add into ~s 17 what the question was, the west side is a gas station 17 ~a REICHHART Tha Conlmlsslon can put any 18 And the C,store is owned by the same fanuly SoIden't 18 requlrementsonthatbufferwhatherltbefencmg 19 think that will be a problem As Mr Grace said, the 19 landscaping or whatever The staff recommendanon thai a 20 north side is commercial but it's so small and the new 20 site plan be provided addressing the buffenng 21 dechcated lxne wlueh the City requ~s, I flunk, Is that 21 landscaping and hghtmg that would give the applicant 22 we have to put 13 feat, that's a new dedicated line, so 22 the oppommlty to design the site and, you know, best 23 putting that line, we won't be able to develop anyttung tn 23 suit -- maybe it's combination fence and landscape or 24 that commercial zone And right now even including thc 24 maybe it's all landscaping or whatever, but that would 25 res~dantial lot vath it, we can only put around 2,700 25 then bnng it back to this Commission to be able to be PLANNING AND ZONING MEETING DECEMBER 5, 2001 11 Page 77 - Page 80 CondcnscltTM Page 81 Page 83 I r~wewed to sen if it is ad~lUate That Is, if it vnm~ to I adthuonal piece of lnformatmn I didn't mention earlier 2 be developed poor to the new Code going into affect If 2 Tben~ was a ne~ghborbeod meeting beld on November 29~h 3 not, the proposed Code has req~ents m it for 3 2001 but no one at, ended Staff finds the proposed zoning 4 buffenng between commercial and residential uses and it's 4 to be consistent with t~ Denton plan and recommends 5 very sumlar It's fences and landscopmg or thstanee 5 approval 6 In flus case ~t would most hhaly be a combination of some 6 COMMISSfONER RIaHEL Them lsa condition 7 l~ees and fencing 7 Do you want to stat~ 8 COMMISSIONERKEITH okay I was.lust 8 MU ORACE oh, yes I needed to read 9 ctmuns Because at some point m tune that property 9 that Staff recommends approval w~th the following 10 somebody may want to d~velop ~t Tbe owner isn't going to 10 condition, that tho applicant provida a site plan poor to 11 bye there forever, that's currently them, that you said 11 btuldmg perom issuance per Sectaon 35-123 of the City of 12 that owns that lot next to you, so it's not,lust w~flun 12 Denton Zoning Ordinance Said site plan should address 13 then~nt fewyenrs It's 10, 15 yecrs down th~ road, 13 buffenng landscapmg, hghtmg, archi'~turo and access 14 what's going to become of that lot and the owner, whoever 14 at a minimum 15 buys that, they may want to do somcflung wth it So I 15 COMMISSIONER RISHEL Thank you, Mr Grace 16 think unless there's an appropnate barrier there - 16 Once again, I want to make sure that everyone understood 17 MR SONAW^LA m fact, what we thd I think 17 that I called the last of anyone wbe would hke to speak 18 -- I was tallang to tho owner, and owner said that 18 for or against and I have closed the pubhc hearing Any 19 actually he suggested he would hke to buy that lot from 19 further comments, Mr Grace? 20 the -- that empty lot, but thc owner doesn't want to sell 20 MR ORACE NO 21 So that's okay Ho has a small park for his childmn and 21 COMMiSSIONERRISHEL [bevcsoveral 22 everything, so I really don't think he'd really hkc to 22 Commissioners that have comments either of the Cormmss~on 23 COMMISSIONER KEITH well, that's what I'm 23 or of you, I don't know which Commissioner Mulroy 24 saying That person won't hvc thom forever So at some 24 COMMISS[ONER MULROY NO ! also was ready 25 point in time, something is going to become of that lot 25 to make a motion Page 82 Page 84 I And so that's why I was very lOtOt~tod In how a barrier I COMMISSIONER RISHEL conlllllssionol' Holt 2 is going to be put tha~ 2 COMMISSIONER HOLT Motion 3 MR SONAWALA Yeah I'm not teelly stt~ 3 COMMISSIONERRISHEL Thank you 4 what vail happen m the futoro, if that wdl happen, that 4 Commissioner Mulroy $ if he wants to sell to someone and be would ha~,c a problem 5 COMMISSIONER MULROY Make a motion for 6 with, but I flunk h~ would understand if he would see that 6 approval mclus~ve of tho site plan condition 7 it is already developed as general retail and it has a 7 COMMISSIONER HOLT second 8 fence on and based upon which he will buy 8 COMMISSIONER RISHEL It's bixm moved by 9 COMMISSIONER RISHEL Thank you 9 Commissioner Mulroy and seconded by Comtmssloner Holt Any 10 Comrmsstonors, any fltrthar questions of Mr Sooawala? 10 further discussion, comments? Seeing none, plenso, vote 11 Commissioner Holt 11 Motion carries 7 0 12 COMMISSIOHRRHOLT HO I'm ready for a 1~---- 'i-a~ar~severalpenp 13 motaon 13 ~c~ that might be curious about Item No 12 on our 14 COMMISSIONER RIaHEL Thank you Ties is a 14 Agen~.~st wanled to make tho comment that I~/a-~ 15 pubhc beanng so anyone who would hbo to either speak 15 12 was not a'~e heenng It was a discussion~.~ I 16 for or against this item, Item No 8 on our Agenda, would 16 just make that corm~ 17 you plense como forword, anyone for or agemst'~ Once 1 ~7 At this point ilv4~_~e we'ro~gtl~g to have 18 again, flus isa public beanng Anyone who would like to 1~~, w~ch~, ~, ~-.~ , o ,wdl be Item 19 spook for or against ItamNo 8 on our Agenda, ffyou 19 No 9 andthen we'lltake a h.h..~brea~k~.~fomdiscussmg 20 would pleese come forward Seeing no one at flus tune who 20 I~em No 10, w~ch ~s~hc heenng alamo Item No 21 would hke to speak and because no one there is need 21 9 on our Agenda~a~old a pubhc beanng and c~der 22 for mbutafl, do Commissioners have any furtlm' questions 22 making a ~nmandat~on totha City Council regar~the 23 of staff? Mr Grace, would you come up and g~c us your 23 rezomn~f approxunately of 4 2 acres from an 24 closing comments? 24 a~ultaral A z~stnct ~ a hght mdusmal LI 25 MR OR.CE. I would lifo to g~ve one 25~.,'~zomng district PLANNING AND ZONING MEETING DECEMBER 5, 2001 12 Page 81 - Page 84 ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DEA~fON, TEXAS, PROVIDLNG FOR A ZONqNG CHA/gGE FROM A ONE-FAMILY DWELLING DISTRICT (SF-7) ANT) A COMMERCIAL (C) ZONqNG DISTRICT CLASSIFICATION AND USE DESIGNATION TO GENERAL RETAIL (GR) V,qTH CONDITIONS ZONING DISTRICT CLASSIFICATION A~\T) USE DESIGNATION FOR APPROXIMATELY 0 33 ACRE OF LAND LOCATED BETWEEN MINGO ROAD AND FISH TRAP ROAD, DESCRIBED AS LOTS 14 AND 15, BLOCK 1 OF/HE COLLEGE VIEW ADDITION, PROVIDING FOR A PENALTY IN THE MAXIMUM AMO%.-N"r OF $2,000 00 FOR %5OLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE .~ND AN EFFECTIVE DATE (Z01-004S) WHEREAS, Irfan Sonawala on behalf of Gulzar Tarama, tmtlated a change m zoning for ap~ro~mately 0 33 acre of land f~om One-Family (SF-7) and Commer~al (C) zoning ch~mct cl~$1ficat~on and usc designation to General Retml (GR) w~th concmons zoning d~stnct cl~--sfficat~on and usc designation, end WI-IEREAS, on December 5, 2001, the Planning and Zoning Cemmlsslon concluced a puchc hearing as reqmred by laxv and recomm e~ded approval of the requested change m zon,n~ and WHEREAS, the C~ty Council finds thai the change m zoning ~s consistent xmttt the Comprehensive Plan, NOW, THEREFORE, ~ COUNCIL OF ~ CITY OF DENTON I-[EREBY ORDAINS SECTION 1 The zoning (hstncr class~JScat~on md use deslgnata°n °f the appr°xmaate 0 33 act:. property described as lots 14 and 15, Block 1 of the College Vlexx Acchtlon is changed from Oce-Fam,ly (SF-7) and Commercial (C) zoning chstnct classificaUon and u..~ designation to General Re.mi (GR) zomng district classrficat~on and use designation under the comprehensive z0nmg orcmance of the City of Denton, Texas, subject to the following condltmm In accordance w~th Sectton 35-123 of the City of Denton's Zoning Ordinance a site plan must be approved by the Planning and Zoning Corrmussmn prior to bmldmg penmt is ,suance At a mlmmum the site plan shall address buffering, landscaping, hghtmg, arctutecture and access SECTION 2 The City's official zoT-mg map ~s amended to sho~ the change m zoning cl~-mct classification SECTION 3 If any provmon of tlus orrh~ance or the apphcatmn mereof to any pers-on or c,..=um~tance is held mvahd by any court, such mv~d~ty shall not affect the vahd~ty of other 13 pmv~ions or applications, and to th~s end the pmv)mons of,h,s ordinance aR severable SECI~ION 4 Any person v~olatmg any provlmon ofths ordinance sh~l, upon conwcUon, be finM a s,,vn not exceeding $2,000 00 Each day that a prov~'~on of thru ordnmnce ,s v~olated shall constitute a s~srate and d~stmct offense SECTION $ Ttus ordinance shall become effective ~burteen (14) da.ds from the date ohts pass~4e, and the C~ty Secretary is hereby dtrected to caus.- the caption of this ordinance to be pubhshed twice m the Denton Record-Chromcle, a daily ne~ ~aper pubhsh~im the C~ty of Denton, Texas, wlthm ten (10) days of the date or,ts passage PASSED AND APPROVED ttus the day of ,2001 ELl'LINE BROCK, MAYOR ATTEST ]-EI~Nq~ER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY. ~ AGENDA DATE: January 8, 2002 DEPARTMENT' Planning Department CM/DCM/ACM. Dave Hill, 349-8314 ~ SUBJECT - (CA01-0002) (Amendments Relative to the Denton Development Code) Hold a public heanng and consider adoption of an Ordinance amending Ordinance 99-439, regarding proposed amendments to the Denton Comprehensive Plan Land Use Map The Planning and Zoning Commission recommends approval (6-1) with conditions BACKGROUND As part of the public review o£ the zomng map component of the Denton Development Code, and Council consensus, ten (10) distinct areas are proposed to be amended to ensure that the proposed zomng map is in conformance with the Comprehensive Plan The areas are ldentffied on the map below with a detmled analysis contained in the Planning and Zoning staff report (Attachment 1) Proposed Land Use Amendments Comprehensive Plan Amendments include but are not hmlted to A Changing the approximate area surrounded by Scripture, Jagoe, Oak, and Bonnie Brae from Downtown University Core to Existing Neighborhood / Infill Compatlblhty B. Changm§ the approximate area surrounded by Oak, Carroll Blvd, the rear parcel line between Oak and Hickory, and Welch Street from Downtown University Core to Existing Neighborhood / Infill Compatibility C Changing the approximate area surrounded by IH-35W, Corbin Road, Bonnie Brae, Highland,. the Union Pacific Railroad, and the southern edge of the Hickory Creek floodplain from Neighborhood Centers to Rural Area D. Changing the approximate area bounded by Edwards Road to the eastern city limit lane, Pockrus Page Road, to the eastern property lane of Andrews Corporation from Neighborhood Centers to Employment Centers E Changing the approximate area designated as Indusmal Centers west of 1-35W and north of Corbm Road to Neighborhood Centers F. Changing the approximate area north of US 380 and east of Loop 288 to Geeshng Road i~om Industrial Centers to Employment Centers G Changing portions of the Commumty Mixed Use Centers area along Ft Worth Drive, south of 1-35E to hadustnal Centers and Employment Centers It Changing portions of the Regional Mixed Use Center, Employment Center and Neighborhood Centers on the east sade of Mayhfll Road south of E McKmney to Employment Centers and Industrial Centers I Changing areas of Existing Neighborhood / Infill Compatibahty and Neighborhood Centers along Flshtrap Road, Geeshng Road and US 380 to Employment Centers J Changing areas surrounded by Smith Street, Duncan Street, and Dallas Drive from Downtown University Core to Existing Neighborhood / Infill Compatibility and Employment Centers OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item The Planmng and Zomng Commission recommends no change for area D and approval of A,B,C,E~F,G,H,I and J with the following condatlons 1 Area "C" - The portion of Area "C" that as contained within the Dema Small Area Plan be classified as identified an the Plan (The Dema Small Area Plan proposes that the land use w~th~n thts area be restdenttal and ts sdent on the denstty ) 2 Area "F" - The entire properties containing Umted Copper, Safety Clean and the Box Plant should be classified as Indusmal Centers 2 PRIOR ,~CTION/REVIEW Thc followxng ~s a chronology of CA01-0002, commonly known as Amendments Relative to the Denton Development Code P&Z Date - December 5, 2001 FISCAL ~NFORMATION N/A ATTACHMENTS 1 Planm~g and Zomng Commission P~eport, December 5, 2001, (CA01-0002) 2 Planm~g and Zomng Comm;ssxon m~nutes from December S, 2001 3 Draft Ordinance Respectfully submitted ~l~uglas S~/Powell, A"I'CP Director of Planmng and Development Prepared by Agenda Number- 01- 0031 ATTACHMENT l Agenda Item - #~9 Date -12-05 2001 COMPREHENSIVE PLAN AMENDMENT ~ AMENDMENTS RELATIVE TO DENTON DEVELOPMENT CODE (CA01-0002) PLANNING & ZONING STAFF REPORT PURPOSE: Hold a publm hearing and consider making a recommendabon to City Counc;I regarding proposed amendments to the Denton Comprehensive Plan based on the Denton Development Code and the rezomng of all property w~th~n the c~ty limits of the C~ty of Denton (CA01-0002, Amendments Relative to Denton Development Code, Doug Powell) LOCATION MAP CA01 0002 (Denton Development Code) ~11 -~ ~1~ Prepared By Stephen Cook 1 APPLICANT INFORMATION: Apphcant C~ty of Denton 221 N Elm Denton, TX 76201 SUMMARY OF AMENDMENT REQUEST: As part of the pubhc rewew of the draft zoning map component of the Denton Development Code, ten (10) distinct areas were changed Add~bonally, the Future Zoning Map for areas w~thm the "Urbamzmg Area" w~ll be added to the comprehensive plan as an addendum The Future Zomng Map has already been rewewed by the Planmng and Zomng Commission COMPREHENSIVE PLAN ANALYSIS: A Change from Downtown Un,vers~ty Core to Ex,st~ng Ne,ghborhood - Or,glnal Land Use Proposed Land Use Th~s area referred dunng pubhc heanngs as the "Houston Place Neighborhood" ~s to be changed from Downtown Umvers~ty Core to Ex~sbng Neighborhood / Inflll Compabb~hty land use area Ex~sbng land uses ~nclude many single-family residences w~th a few mulb-fam~ly developments The boundary ~s defined by Bonme Brae, Scnpture, Jagoe, part of Oak Street and part of a rear parcel hne between Oak Street and H~ckory Street The proposed zomng for this area as part of the Denton Development Code ~s Neighborhood Residential - 3 (NR-3) Pubhc comments on this area were focused on the collecbve neighborhood structure and felt that the Downtown University Core land use area included excessive density and m~xed uses The area east of Jagoe Street tends to have more multi-family uses and h~gher dens~bes and ~s more suitable for the Downtown Umvers~ty Core Land Use Area Recommendat,on Staff recommends th~s change CA01 0002 (Denton Development Code) i~ '-~11~, Prepared By Stephen Cook 2 B Change from Downtown Umverslty Core to Ex,sting Neighborhood - Original Land Use Proposed Land Use Incorporating the Oak-H~ckory H~stonc Area, th~s change proposes a movement to Ex~sbng Neighborhood / Inflll Compabbdlty from Downtown University Core area Ex~sbng zoning ~s a m~xture of MF-1 and SF-7 Proposed zomng for th~s area ~s Neighborhood Res~denbal - 3 (NR-3) and Neighborhood Res~denbal Mixed Use (NRMU) for the retad and offices along Carroll Blvd Th~s ~s a well-establ~shed neighborhood w~th h~gher development standards enforced by the H~stonc Designation overlay The southern I~m~t of the change ~s the rear property I~ne between H~ckory and Mulberry Streets Recommendat,on Staff recommends th~s change C Change from Na,ghborhood Centers to Rural Area - Original Land Use Proposed Land Use Th~s area located along south Bonme Brae between IH-35 W and US 377, was designated as a Rural Area through consensus by the Planmng and Zomng Commission Th~s area ~s dominated by ex~stmg radroad I~nes and the predominant enwronmentally sens~t;ve area of the H~ckory Creek watershed Transportabon access remains an ~ssue w~th th~s area as CA01-0002 (Denton Development Code) Prepared By Stephen Cook 3 future grade crossings of the ra~l hnes m~ght prove to be ~nfeas~ble Proposed zoning has been designated as Rural Residential - 5 (RD-5) Recommendation Staff recommends no change Staff agrees w~th the d~recbon that th~s area w~ll be difficult to service w~th transportabon connecbwty, however, the development gu~dehnes for areas w~th~n the Urbanizing Area specifically address the challenges of developing these areas through tools of transferring density and requ~nng adequate street connecbwty By placing th~s area ~nto the Rural Areas land use designation, th~s hm~ts the opbons future developers would have for th~s area It ~s qu~te feasible that future developers could propose ~nnovabve or unforeseen solutions to the fiscal and physical challenges that th~s area presents Add~bonally, the C~ty of Denton has recently annexed a considerable amount of the property w~thln th~s area and subsequently created a plan for prowdmg ~nfrastructure and services to the area Staff recommends this area remain as a Neighborhood Center D Change from Neighborhood Centers to Employment Centers - Original Land Use Proposed Land Use Th~s area between Pockrus Page Road and Edwards Road had originally been designated as a Neighborhood Center Through d~scuss~on w~th the Planmng and Zoning Commission, the area was designated as an Employment Center ~n order to transition from the Intensity of the uses along Mayh~ll Road to the west The proposed zomng ~s Employment Center - Industnal (EC-I) The ~ntens~ty of uses within an Employment Center could possibly be h~gher than the existing uses ~t ~s meant to buffer against Recommendation Staff recommends no change The land use compabb~hty ~ssues m this area, hke many trans~bon areas from one land use to another may be addressed through the use of the development standards as proposed ~n the Denton Development Code Staff recommends this area remain as a Neighborhood Center CA01 0002 (Denton Development Code) Prepared By Stephen Cook 4 E Change from Industrial Centers to Neighborhood Centers - Orlginal Land Use Proposed Land Use Located along the east side of IH-35W, this area was placed ~nto the Industrial Centers as a mapping conflgurabon around the floodplain areas which make up Hickory Creek While the west s~de of IH-35 W ~s appropriate for ~ndustnal development, the east s~de of the interstate abuts large-lot s~ngle-fam~ly homes and a private school Th~s area ~s proposed to be designated as a Neighborhood Center w~th a proposed zoning of Neighborhood Center Res~denbal - 2 (NCR-2) Recommendation Staff recommends th~s change F Change from Industrial Centers to Employment Centers - Original Land Use Proposed Land Use Th~s area ~s on the north s~de of US 380 east of Loop 288 Originally adopted as an Industrial Center, further review by the Planning & Zoning Commission proposed that the southern port~on along US 380 be changed to an Employment Center to ensure adequate buffering and s~te design along the ma~n corridor entering the c~ty The proposed zomng ~s Employment Center- Industrial (EC-I) Recommendation Staff recommends th~s change CA01 0002 (Denton Development Code) Prepared By Stephen Cook 5 G Change from Community M~xed Use Centers to Industrial Centers and Employment Centers - Original Land Use Proposed Land Use Th~s area along US 377 (Ft Worth Dnve) was placed as a Commumty Mixed Use Center area for the possible redevelopment towards more commercial development onented towards the ~ncrease of res~denbal areas to the south Through much pubhc ~nput, th~s area ~s now proposed to be a combmabon of Employment Centers and Industnal Centers wh;ch will allow current uses to be in conformity w~th the land use plan Proposed zoning d~stncts ~nclude Industrial Centers - Employment (lC-E), Industrial Centers - General (lC-G), Employment Centers Commercial (EC-C) and Employment Centers - Industrial (EC-I) Recommendation Staff recommends th~s change H Change from Reg,onal M~xed Use Centers, Employment Centers, and Neighborhood Centers to Industrial Centers - Original Land Use Proposed Land Use The majority of property within th;s area ~s owned and controlled by the City of Denton as CA01 0002 (Denton Development Code) Prepared By Stephen Cook part of the water treatment / sohd waste landfill development The C~ty plans on maintaining and protecting the floodplain within this area from future development, thus prowdmg a buffer to the neighborhood to the north The change would convert the area along Mayhdl Road from Regional Mixed Use Centers and Employment Centers to Industrial Centers and the remainder of the eastern port~ons of the property from Neighborhood Centers to Industrial Centers Proposed zoning ~s Industrial Centers - General (lC-G) and Employment Centers - Industrial (EC-I) The property w~ll have to be buffered from any future neighborhood development along the eastern border Recommendation Staff recommends this change I Change from Existing Neighborhood and Neighborhood Centers to Employment Centers - Original Land Use Proposed Land Use Th~s area ~s a trans~bon from the Industnal Centers to rural neighborhoods Located between Mlngo Road and US 380 and incorporating areas of F~shtrap Road and Geesl~ng Road, the area currently contains vehicle wrecking, mobile home park, and a wholesale nursery The area extends to the northeast edge of the Urbanizing Area as descnbed ~n the Comprehensive Plan Proposed zoning would be Employment Centers - Industnal (EC-I) Recommendation Staff recommends th~s change CA01 0002 (Denton Development Code) Prepared By Stephen Cook J Change from Downtown University Core to Employment Centers - Original Land Use Proposed Land Use Th~s area located on the east s~de of Dallas Dnve between Smith, Duncan Streets and Teasley Lane is currently placed within the Downtown Umverslty Core Area Current uses w~thln th~s area Include wholesale d~stnbubon, outdoor storage and outdoor service businesses These uses ara more compliant w~th the code as part of the Employment Center areas that have developed along Shady Oaks Road The resldenbal area located on the south s~de of Smith Street are proposed to be moved to the Ex~sbng Neighborhood / Inflll Compabb~l~ty land use area The proposed zomng ~s Employment Centers - Industnal (EC-I) w~th the excepbon of the resldenbal area along Smith Street to Neighborhood Residential- 3 (NR-3) Recommendation Staff recommends th~s change K Future Zoning Map within Urbanizing Areas The Denton Plan 1999-2020 has a planmng honzon (bme frame) of twenty years The plan ~denbfles the Urbamzing Area as the area outside of the c~ty timers of Denton which could be annexed and adequately serviced by the C~ty of Denton w~th~n the twenty-year timeframe If adopted, the Denton Development Code w~ll enforce zoning regulabons based on the pohc~es w~thln the comprehensive plan on areas only located w~th~n the c~ty I~m~ts of Denton The map ~n Attachment 1 ~denbfles the proposed zomng d~stncts for areas outside of the c~ty hm~ts of Denton which are currently located w~th~n the ETJ and the Urbamz~ng Area By adopbng a future zomng plan component of the comprehensive plan, future annexabon and subsequent zomng decisions may be based, but not hm~ted to, the proposed zomng d~stncts w~thln the Future Zomng Map Any property currently outside the c~ty I~m~ts w~th~n the ETJ would sbll have to comply w~th the subd~wsion regulabons of the c~ty However, unless the property ~s annexed by the C~ty of Denton any development would not have to comply w~th the zomng regulations CA01 0002 (Denton Development Code) ~ -~tj~, Prepared By Stephen Cook 8 PUBLIC NOTICE: Not~ce of the comprehensive plan amendment request was pubhshed ~n the Denton Record-Chronicle on Saturday November 24, 2001 ANALYSIS: The Comprehensive Plan ~s designed as an organm document As a part of pohcy of the c~ty, ~t must be able to adapt and change as pr~onbes and concerns arise or are addressed through ~mplementabon The proposed changes to the land use plan reflect public input of numerous pubhc meetings located throughout the community, pubhc hearings, and rews~ons based on the d~rect~on of elected and appointed officials of the C~ty of Denton The goal of the comprehensive planning process ~s to create decision-making tools based on pubhc ~nput and consideration The amount of land attributed to each type of land use was originally designed to accommodate the amount of population growth as projected in the comprehensive plan If all proposed amendments are approved, the percentage of land use areas w~ll change according to the following table hborhood / Inf~ll Con 21 41% 21 36% Neighborhood Centers 46 27% 44 34% Downtown University Core 4 07% 3 81% Commumty M~xed Use Centers 2 99% 2 40% Regional Mixed Use Centers 11 20% 11 04% Employment Centers 5 39% 6 43% Industrial Centers 8 67% 9 23% Rural Areas 0% 1 39% The percentages have changed as more land area has been added to the Industrial Centers, Employment Centers and Rural Areas from Neighborhood Centers, Community Mixed Use Centers and the Downtown University Core MOTION: I move to recommend approval to amend the comprehensive plan by the land use areas as stated ~n the staff report as ~tem A, B, E, F, G, H, I, J, and K ALTERNATIVES: 1 Recommend approval as submitted 2 Recommend approval w~th conditions 3 Recommend demal 4 Postpone consideration 5 Table ~tem CA01 0002 (Denton Development Code) ~11 ~ ~1~ Prepared By Stephen Cook 9 ATTACHMENTS: I PropOsed Comprehensive Plan Land Use Map w~th numbered change areas 2 Proposed Future Zomng Map (Urbanizing Area) CA01-0002 (Denton Development Code) Prepared By Stephen Cook 10 Attachment 1 CITY OF DENTON FUTURE LAND USE PLAN PROPOSED AMENDMENTS N December 2001 ty o~ De~to I O e 78201-- 1 7250 CA01 0002 (Denton Development Code) Prepared By Stephen Cook 11 Attachment 2 CITY OF DENTON NOVEMBER 2001 DRAFT FUTURE ZONING MAP ~ · o 76201 CA01 0002 (Denton Development Code) ~ ~ Prepared By Stephen Cook 12 Planning and Zoning Commas Attachment 2 December 5, 2001 Page 3 of'6 8 Hold a pubhc heanng and consider making a recommendabon to C~ty Council regarding the rezonlng of approximately 0 33 acres from a One-Family Dwelhng (SF-7) and Commercial (C) zomng d~stnct to a General Retail (GR) zoning d~stnct The s~te ~s generally located at the northeast corner of McK~nney Street and Wood, commonly known as 1121 E McK~nney and 304 Wood Street The property ~s legally descnbed as Lot 14 and 15, Block 1, College V~ew Add~bon A laundry and restaurant are proposed (Z01-0043, McK~nney Laundry/Restaurant, M~ke Grace) Mot,on by Joe Mulroy and seconded by V~ck~ Holt to recommend approval to C~ty Council w~th condibons *D~scuss~on of ,tem ~s ~ncluded ,n the Court Reporter's transcript attached to th~s set of m~nutes (Page 73) 9 Hold a pubhc heanng and consider making a recommendabon to C~ty Council regarding the rezomng of appro~mately 4 2 acres from an Agricultural (A) zomng d~stnct to a L~ght Industnal (LI) zoning d~strlct The property ~s generally located north of Foster Road approximately 300 feet east of Mayh~ll A C~ty of Denton Sohd Waste Adm~n~strabon Building ~s proposed (Z01-0046, Sohd Waste Adm~nlstrabon Building, Deborah Vlera) Mot,on by Susan Apple and seconded by Joe Mulroy to recommend approval to C~ty Council w~th cond~bons *D~scuss,on of ~tem ~s ~ncluded In the Court Reporter's transcript attached to th~s set of minutes (Page 84) Hold a public heanng and consider making a recommendabon to City Council regarding proposed amendments to the Denton Comprehensive Plan based on the Denton Development Code and the rezomng of all property w~th~n the c~ty hmlts of the C~ty of Denton (CA01-0002, Amendments Relabve to Denton Development Code, Doug Powell) Mobon by Bill Ke~th and seconded by Bob Powell to recommend continuance to the next P&Z meeting *D~scuss~on of ,tem ~s ,ncluded ~n the Court Reporter's transcript attached to th~s set of m~nutes (Page 95) ~- Commissioner's Joe Mulroy, Susan Apple, V~ck~ Holt and Joe Roy opposed Mobon by Joe Mulroy and seconded by to recommend approval to C~ty Council Items A thru K except C,D,and K *Discuss~on of ~tem ~s ,ncluded ~n the Court Reporter's transcript attached to th,s set of m~nutes (Page 174) MetlQa_cames~-I - Comm,ssloner B~II Kelth opposed Planning and Zomng Commission Agenda December 5, 2001 Page 4 of 6 Mobon by Joe Mulroy and seconded by Bob Powell to recommend approval to City Council Item C *D~scuss~on of item is ~ncluded ~n the Court Reporter's transcnpt attached to this set of m~nutes (Page 182) M~-- Commissioner Bill Ke~th opposed Motion by V~ckl Holt and seconded by Susan Apple to recommend approval to C~ty Council Item D *D~scuss~on of ~tem ~s included ~n the Court Reporter's transcript attached to th~s set of minutes (Page 184) MD~:a:L~a~a~,~L- - Commissioner B~II Ke~th opposed Motion by Susan Apple and seconded by Bob Powell to recommend conbnuance of Item K to P&Z meebng February 13, 2001 *Discuss~on of item ~s included ~n the Court Reporter's transcnpt attached to th~s set of m~nutes (Page 185) M~h(3n ~.~rri~ 6-t - Commissioner Bill Ke~th opposed Comprehensive Plan Amendments ~nclude but are not hm~ted to a Changing the approximate area surrounded by Scnpture, Jagoe, Oak, and Bonnie Brae from Downtown University Core to Ex~sbng Neighborhood / Inflll Compatibility b Changing the approximate area surrounded by Oak, Carroll Boulevard, the rear parcel I~ne between Oak and Hickory, and Welch Street from Downtown University Core to Ex, sting Neighborhood / Infill Compabbll~ty c Changing the approximate area surrounded by Interstate 35W, Corb~n Road, Bonnie Brae, Highland, the Union Pacific Railroad, and the southern edge of the Hmkory Creek floodplain from Neighborhood Centers to Rural Area d Changing the approximate area bounded by Edwards Road to the eastern c~ty I~mlt hne, Pockrus Page Road, to the eastern property I~ne of Andrews Corporation from Neighborhood Centers to Employment Centers e Changing the approximate area designated as Industnal Centers west of Interstate 35W and north of Corbln Road to Neighborhood Centers f Changing the approximate area north of US 380 and east of Loop 288 to Geesl~ng Road from Industrial Centers to Employment Centers g Changing porbons of the Commumty M~xed Use Centers area along Ft Worth Dnve, south of Interstate 35E to Industrial Centers and Employment Centers h Changing portions of the Regional M~xed Use Center, Employment Center and Neighborhood Centers on the east s~de of Mayh~ll Road south of E McK~nney to Employment Centers and Industrial Centers Changing areas of Ex~sbng Neighborhood / Infill Compabb~llty and Neighborhood Centers along Flshtrap Road, Geesl~ng Road and US 380 to Employment Centers Planmng and Zoning Commission Agenda December 5, 2001 Page 5 of 6 J Changing areas surrounded by Smith Street, Duncan Street, and Dallas Drive from Downtown Umvers~ty Core to Ex~stmg Neighborhood / Infill Compat~b~hty and Employment Centers k lncorporabng the adopbon of a future zomng map as a decision making tool for areas as defined w~thln the Comprehensive Plan as "Urbamz~ng Areas' 11 Hold a pubhc heanng and consider making a recommendabon to the C~ty Council regarding the addition of the Connect~ty Component to the C~ty of Denton Mobihty Plan The Connectlv,ty Component of the Mob~lrty Plan w~ll prowde a framework for determining connecbwty requirements between adJacent properties for new developments (SI01-0019, Denton Mob~hty Plan, David Salmon) Motion by Joe Mulroy and seconded by Bob Powell to conbnue to next P&Z meeting December 19, 2001 *D,scuss~on of ~tem is ~ncluded in the Court Reporter's transcript attached to th~s set of minutes (Page 194) ITl=MR F~3R INDIVIDUAL C{3NRIDI=RATII3N 12 Hold a d~scusslon and consider making further comments to the C~ty Council regarding the Denton Development Code (SI01-0018, Denton Development Code, Doug Powall) Motion by Joe Mulroy and seconded by Bob Powell to conbnue to the next P&Z meebng December 19, 2001 *Discussion of item ~s included m the Court Reporter's transcnpt attached to th~s set of m~nutes (Page 198) 13 Planning and Zoning Commission Meeting Calendar for 2002 Motion by Joe Mulroy and seconded by Bob Powell to accept the P&Z calendar for year of 2002 *D~scuss~on of item ~s ~ncluded ~n the Court Reporter's transcript attached to th~s set of minutes (Page 198) F[JTLIRI= !AI31=NDA ITFM~ 14 D~$cuss the poss~b~hty of a Planmng and Zomng Commission retreat Mobon by Joe Mulroy and seconded by Bob Powell to continue to the next P&Z meeting December 19, 2001 *D~scusslon of ~tem ~s included m the Court Reporter's transcript attached to th~s set of minutes (Page 200) M~3fi~3n c, arna~ R-13 -Commissioner Susan Apple not present in room CondenseltTM Page 93 Page 95 I at tho Lew~sn-Rle LandFRI v, qth Waste Management? I llus n~etmg, Dec. ember 5th, 2001 of thc Planning and 2 M!~ KEMLPAL Y~S, Sir Wa Ih~ loelang m 2 Zonul~ Commission for thc Cay of DL~too 3 thc nenr fl~tom at, you know, going with a bio*reactor 3 Wc left off on about to tackle ftcm No 4 tcchaologyandthatwfllspoedupgaspreduntlon ll 4 10 on our A~da for this cvcmng ItcmNo i01sto 5 today with thc waste water people about thc 5 hold a pubhc haarmg and consider makmg a recommendation 6 ~ang that gas 8cnoratmn and utthzmg that as. 6 to City Councd regarding proposed amendmcnts to thc 7 usc in the wa5~ water I~atalent 7 Denton Comprchensl,,c Plan based on thc Dcmton Dcvclopmcm 8 As a secondary use, we could 8 Code and thc ~czonmg of all proporty witl~n thc City 9 gcacrahon farthty up on Spanccr 9 hmas of thc City of Denton [0 CO%fl~ISSIONF. R RISHI/L vwucd It 10 Mr Rcichbart will present And this is ! 1 or zomcooe ~ owned our 11 Comprc~henslvc Plan amendments included, but not lumted to 19 commumty Okay Thank 'much Comnussiooer 12 ItcmsNo AthroughKonourAgcnda Iw~llnotrcad 13 Kath 13 throughthosc Mr Rc]chhartwdlprcsent 14 Thank you Ijust 14 MR. REICHHAR? Thank you And we will go 15 wanttol thctn:c~ YmlJust 15 throughcachoncofthoscmdlvtdually Thc front pagc of 16 ma~ ¥cry happy 16 your staff report identifies all ten of thc areus that wc 17 comimssioncr K~th, ! 7 w~ll be consida~ng tonight What I have in background as 18 if v~ o oor comments addressed to the whole 18 part of the rcvrewmg thc zoning maps, thc proposed zoning 19 ,*ou]d be more appropriate Thank 19 assocmted w~th thc Dcvelopmcm Ctx/c, ~cre wcr~ a unmbcr 20 app~clato your presentation T'ms 20 of areas that, through deeper lm cstigatlon, it was 21 Is And anyone who would hkc to c~tlxa- 2 ! determined that Comprehensive Plan changas might be 9 on our Agenda, tf you 22 appropriate for those areas And wa're going to h-y to Anyone for or against Itcan No 9 on 23 clenn that up at this tune with tl~ adoption of thc Code This is a pubhc hcanng and anyone who would 24 Thc first one is considered Houston Place 25 hke to speak other for or against Item No 9 on our 25 And as I put tbesc graphics up, Ibc one on thc left will Page 96 I Ag~da, please come forward at this tmlc I be thc cxis~ng as it Is currently indicated m thc land 2 Scc~g uo one who would hke to come 2 usc map Thc one on thc right ~s what it s being proposed 3 forward and s*~.ak on Iran No 9, I will close the I 3 to R~ght now ll~s Houston Place area is in thc Downtown 4 hcanng 4 Core D~stnct And dunng when thc First draft of the 5 rebuttal, and I will ask Ms Vlcra to do thc 5 Code came out. this area is reul¥ a very hen',xly 6 statement (5 resldcntlul arco and it was dctcrnuncd that it should bc 7 MS. VIF~,A staff recoanncnds ~ 7 switched over to thc Neighborhood Cong:rs, thus prowdmg 8 Z-e1-0046 ~ the f* 8 them a httle additional protections as a residential 9 Section 123 of the Zoning Code of ~ thall bc 9 ne~ghberhood [0 approved prior to developmc~tt I0 The second casa is along H~ckory and lt*s a 11 11 snmlar s~toatlon It IS in the Downtown Core District, 12 Commissioner Apple 12 Umvcrslty Core District right now and It IS proposed to 13 I m ready to move 13 be swltohed ovc~ to the Neighborhood Centc~-s And, again, 14 MOW, plense 14 ~t is a very heavily smgle-farmly arco and that will 15 I move to r~om~nd 15 provide the addit;onal protections to that neaghborhood 16 appreval of Z-e1. ond~tton as recommended 16 going to that dls~ct 17 second 17 COMMISSION'E. RmSHEL. Mr Re]chhart, let me 18 It's been moved by 18 just comment I wanted to, before you got started, I 19 ,Xpple and seconded by Conumssioncr Mulroy 19 meant to make a comment of w~t a wonderful layout that I 20 &scussion? Se~ng none, please 20 tlunk you had presented to our Conumssloaers her~ I know 21 vote I cartae..s 7-0 That was rig ninth II~a on our 21 that thc pubhc doesn't have a chance to look necessarily W~ wdl take about a 15-minute break and we ~ 22 at v, hat we're looPang at detail-wise, but I thought that ~0 and pick up wlth Item No 10 on our Agenda 23 the lsyout and th~ proposals and th~ sunphficat~on of the 0~mak ~ ) 24 proposals that you had put forth hero made it very sanple COn~SSlONER RISI~EL ! wall now rec0nvene 25 to understand and the staff did a great job m putUng PLANNING AND ZONING Ml~l~'llN{3 DF ....... Page 93 - Page 96 16 Cond~n~ItTM Page 97 Page 99 I that together So thank you very much I the previous areas Along Umvers~ty, west of Loop 2~ 2 MR REiCHHART We appreciate that, and 2 the idea was to take tbs mdus~al strip along 3 that was Stephen Cook from our office put al! these 3 University and flop that back over to Employment 4 grapl~cs together and the staff report 4 with one cavest, that we'd hk¢ to address in llus final $ COMMtSSIOIX, I.~a PaSHI/L And I unda'staod 5 boundary 6 Stephen ss not feehng well tonight or he'd be presenting 6 This site right h:re and then a small 7 MR REICHHART COrrect 7 per,on right here, this is Safety-Klecn and th~s Is 8 COMMISSION~RR/SHEL Thankyou 8 Um~dCopper TheUmtedCopp~xbmldmg, asawnr.a~.of 9 MR RI/ICHHART The ll~rd area is one that 9 fact, sits a ht~le bit into that area and we llunk those 10 was brought forward by the Planning and Zoning Conumsston 10 two sites should be entwely industrial but the n:mamd~r 11 It Is a rather lar~ area We have Bonme Brae conung 11 of that frontage should swteh over to the Employment ! 2 through tl~s area Hc~'s thc rallroed a'acks It was -- 12 Centers as we've discussed 13 during the course of the Conunlssion's review of the map 13 COMMISSlOt,~R mSHEL ~ ould you color ~ 14 it was felt that this me.a had access problems with the 14 m for us or tughhght those m some way, shape or for/n 15 existing road system, the drainage issues essocia~xi w~th 15 so we can make sure we understand where tho~c arco !16 the floodplams, and then b~ng able te he developed with 16 ~ REIC~HA~,X Sure 17 tutht~es Tl~sarcawasrecommendedbythaCoranusstonto 17 CObn~ntSSIO~aR~aSHEL nad that map wlll bc 18 go to the Rural District whch would he five acre lots 18 available for our permanent notes~ 19 If you recall last night, there were a number 19 MR~ I~ICHHAaT YeS 20 of people that were speahng speSlftcally on thta ttem and 20 COMMISStO~ mSHEL Thank you 21 wishing that it would bo maintained m the Naghberhood 21 r, iR RI!tCHI-:A~:r The Um~t Copper s~tc is 22 Centers area as an area w~tlun the urbanizing area that 22 at the corner of Geeslmg and 35, and then Coupe' Cn:c~ 23 has been identified m the Comprehensive Plan This is 23 would be the boundary for Safety KJcen for wh:re thc 24 one that staff ts recommendmg that wu maintain the 24 industrial would continue 25 exlsUngN~ghburhoodcentersvnthaneeavent 25 ArcaNe 71stheFortV~ca-thDave The Page 98 Page 100 I As you nottced, if you will notice, that ongtnal Comprehenstve Plan lduntif'~i that naghburhocck 2 these two areas right here, thc browner areas are 2 that entire area as Conunum~y M~x~ Use Centers I bc.L~-ve 3 Identified as tndustnal Thc lunits of the industrial as 3 m an attanpt to try to upgrade the m~age of that area 4 you come over the railroad or from tho airport conung m 4 The properVy owners In that area spur~d th~s rc~ston tc 5 th~s d. trecUon over 1-35, the htmt was desigus~d by the 5 the Comprehensive Plan and what is reflected is thru ~ugh a 6 floodplain, wluch ts identified as ttus green area in 6 process of a number of mcctlnge wth the property owne:c's 7 here, and m reality, it probably should have been 1-35 7 and the people in thts an:a, was des ~gea~xl that th: 8 These are such small pockets that it's not wry hkely 8 proposed the brown, again, is mdu,-tr~al and ~at ts m 9 they would he developed as industrial and they should 9 kccpmg with what Is actually exist~ on thc ground ~ 10 probably be the N~ghborhoed Centers also I0 now And agetn, this hghter ptnk is Employmeat Cenu~--x 11 The fourth area ts adjacent to Anchors 11 which ts the offices and other uses .% th~ proposed 12 Tlus a~a is identified as smglu-fanuly Pockrus Page 12 change reflects what's actually on the ground right nov. 13 nms tu the south of the ar~a Asabuffer, ltwas 13 ItanNo 81s the landfill src that we 14 detemuoed between the mdushnal uses going to the 14 just talked about The majority of th~ area is ~her 15 smgle'funuly that it would he hetter buffenng ff it was 15 under contract that tho C~ty is lxymg to purehesc or the 16 an Employment C, en~rs offcnng some office and warehousing 16 City does own all of th~s prop~xty And the tdeS is to 17 opportumt~es, wluch would then be a buffer tu the louder 17 flip it to th~ Iodusmal Center in keeping with thc I $ mdus~lal useS to the west 18 existing character of that area and ~r3~g to promote 19 Tbs is one of the areas that ! had 19 those off shoot uses from that landf'fll waste and the 20 mentioned esther w~th the 1 35 access and tlus arcs being 20 solid waste There are mdust~es that ut~hze that 21 mdustnal conung through crossing I 35 It's been 21 byproduct in their production and ! do know that the 22 designated as proposed to he switched over to 22 utthttes and sohd waste are actually pursmng tho~c type 23 N~ghborhood Ceaters again And if you can s~ on the map 23 of industrieS to locate to that area 24 to the right, it does ldunufy where th~ Cunumssion had 24 No 9 is we have Umverslv, and tho 25 requested that it he Rural, agem, going back to one of :25 Flshtrap which is a continuation again on University and PLANNING AND ZONING MI/I/'I'ING Page 97 - Page 17 CondcnscItTM Page 101 Page 103 I 13eeshng There's the Umted Copper Wercceatlyhada I MR REiCHHART That's :the a':.a north of 2 zomng request at the northeast comer of Coc~hng and 2 Umverstty, east of Loop 288 3 Umverstty and that zoning request, vath a number of other 3 COMM~SIONVER ROY Wfilat le~.,r are We 4 mqumes into tins area, spurted the proposed change that 4 talking about~ 5 the enUre area, especially along Umverstty, it's very 5 COMM~SIONER PO.ariEL- I beb.we It ts F 6 unhkely that it would be develoI~d for restdenl~al use, 6 It's the one regazdang the copper pO, ant 7 and that tho Employment C~nter designation would allow a 7 COM~SIONER POWELL Ye.i. that area My 8 combination of support services for the lndusmal use~ 8 comment, I gue~ a questten ts yotu've changed tt a little 9 office use, and some retetl uso along Umversity 9 bit from what tt ~lOWS on t~ ersatz, mai nap that we have l0 And, finally, the tenth item is we have Dallas l0 and that you had to protect ~ cot:r~er l, tant and the 11 Dave to the south of this, and coming along m Teasley I l Safety-Kleen plmt, but did not d~ an ~ythng for what I 12 Again, this area was designated in the Downtown Unr~erslty 12 beheve ts a box l~lant nghi a.'ross ~ so,et from 13 Core District But g~ven the existing uses m tiaa area. 13 Safety-Kleen It used to be t~e ~ Etant processing 14 It was felt that the Employmeut Center would be more m 14 plant and It's as much md~al a~ Safay-Kleen and the 15 keeping with the exisung uses 15 copper plant ts -k'~d I'm w c, aderuag ',~ _'~y not If two of 16 In your backup, the is s~aff 16 them get protectat, why doe~'t th~ flare one'~ And I 17 recommendations regarding all of these proposals and I 17 don't own any s~ck, by the way 18 v, ould think we -- I don't know if it's best to go through 18 MR RE3CHHART I relle~,~ it ',xga felt that 19 th~m one at a tune ur group them tog~tber, if you would 19 within the Employment Cea.a- than ther~ might be the 20 like Again, the overall m your beekup is Attachment I 20 protection, while the special excu~.lon 7rovldes the 21 mthcates what the changes would look hke as it relatea 21 protection, tt can mamtmn l:s ~t Old:ration We can 22 to the Comprehensive Plan And, again, vath the 22 oertalnly change md mclucle .hat pmrceI 23 modifications along Umversity that we'd like to do, 23 COMMI.~$IONER RISS. EL ~ th~r~ that's what 24 keeping tbet Umted Copper and Safely-Kleen m the 24 C°mmt sst oner Pcwell was s- _°--ges~mE L we're going to 25 mdustnal area, that would be changed if that was the 25 make a suggestto:: there anyway, I 'xvoull certainly concur Page 102 Page 104 recommendation of this Commismon with that myself I .tunk when: &d m'3' has-~ marks on 2 And, finally, as part of the Code adoption, 2 there I put it in the wrong spot .~cao.s~ I hac_ the box 3 what we'd like to do as an addendum ts approve the future 3 plant m there and I .an't qune ~ my ~nap m my member 4 zomng map of the City And this is the areas withn the 4 co~s~o~a~ ~owr_.~ ~ dcm't thnk it 5 ETJ right now We do not have zoning authority m the 5 would be fair to prc~ct two of ~.:ase bu~ ~nd~mes there 6 ETJ This would not give us that authority What It dOeS 6 and not the thud ',xhch ~s hopa~Jly, t~ver g'mg to be 7 Is give the people that are tn the ETJ the property 7 used for anyttung h-~ mdusmal_ We cam al~:tys use the 8 owners, the ability to be able to see what the C~ty's 8 tax base 9 v~slon Is, tf you will, for that urbamzmg area And 9 tva~. R~CH-XAP. T Tha~ s fine I 0 that tfa voluntary annexation came In, this is what we'd 10 coM~sao~ ~ow~z_ so m~y s _u,,~esuon is 11 be looking to actively pursue on those sites and/or 11 If we're gmng to prcoect two, la ~ pmt~_~-~t thra: 12 involuntary annexations And it's bastcallyjust a 12 COMMISKONERmSHEL Xiay~ we lould just 13 courtesy, If yOU will, to futttre property owners that are 13 get a shake of the h~ds of Com~sion~rs if i~y thnk 14 future City residents as we annex these areas to realize 14 that would be approTnate Com~assiomcrs v~uld you 15 what the poteot~al is for their property or how it v, ould 15 mtha' have a vote~ Okay That, fine .lust ~s a 16 fit rote the overall master plan for the City of Denton 16 r~commeadation a~ ms Ume Tcaak ycm Mr Powell And 17 With that, I could answer any questions 17 we'll come back to mat issue C.-nums~moncr -~pple 18 COMMISSIONERRISHEL comnussloners, any 18 COMMISS0~NERAPpLF_ ~garc:~mgI~nC, the 19 questxons? Commissioner Poweli 19 Planmng and Zoning Conumss~ca had g~vio~iy asked that 90 COMMISSIONER POWELL If we may, go back to 20 this be changed It had been des,...~.a~i ~e~gt~orhoed 21 No 6, sir 21 Cenler and we ask~ that ~t be cl-~%o,xI 'x~ Rv_'~l Area, 22 MR REICHHART Yes, sir 22 wl~ch it currently ~s And it's a h~o en.-pansc of 23 COMMISSIONERRI~HEL Is that ltem F? 23 property Mostoftl~utberthmgsthatam:car~edou~, 24 COMMISSIONERPOWELL Idon'tknow Iget 24 youknow, ar~ rather small and ~tksisa~hugempansefmm 25 confused, F and 6 and whatever 25 1-35 to 377 PLANNING AND ZONING Id~tt'l'lNG Page 101 - Page 104 18 Co, den~ltTM Page 105 Page 107 I In th~s area, there are already m I aa_ e-~'~r~:t.aT sell, I ~nk one of the 2 extstanee a number of exactly what a Rural designation 2 thoughts th~ star. ms ~ that th~s was identified m the 3 would be, homes that have five acres, homes that have 15 3 urban,.!ng ~ ~ a~a that was gn,ng to develop And 4 ceres, homes that have hvastock And my oancem, ~t's 4 w~thm a 1.~ _:~_ po"moa ~ th;s ures, there are uullues 5 also a very maportant envmmmantally sansxtive area 5 available Ts:re ~ rrad ahgnment and road access 6 h{w. ause Of thc HIckory Creek watershed 6 problems ~M: ~ aree ~aat the Conmuss~on did identify 7 My concern m why does it have to be so 7 ~.ad. c~mte h:nestly, one way to get those 8 broad? Why can't there be some spht to where towards 8 fixed ns thr~ugh~ f:e~vel~anent and the developers end up 9 1-35 where there are no homes bu:lt, where there are no 9 fixln~ that That ~ sta~s thought and that ~s, you l0 small farms, ranches, ,a the begannmg of the watershed? l0 know gom~_ back ~ th~ area we need to house, ~f you I l Why does th~s have to be so broad and all mclus~ve9 If I l v, qll a popuat:ott ,of o~c~ 200 000 w~thm the next 20 12 you feel that we must do that against the P&Z's consensu., 12 years v, utlaz a slx::m~e _~o~ph~¢ area 13 why could we not split that area and have the watershed 13 .~.,mm~to,.~..~aOeLE well, and m recent 14 area, the envtronmentally sansmve area. and the 14 memory aL~ where the ~:~y attempted to annex th~s area, 15 ex~st'ng, since the plan m supposed to protect ex,sting 15 we Ired a la _:~e_ nm~rn~,~er :~ these owners of the properly come 16 tbangs, and I can't mmgme those large properties smack 16 out and sa3 :hat ffn~s ~ had been m thew fatmly for 17 dab m the mtddle of a Neighborhood Center des,gnation 17 years and ~ am~ t~ wgument was given that, you know 18 that have bean there for years anti years and yesrs 18 wben you ~A :,our Jane- md peeple want to develop you 19 COMMISSIONER RISHEL L~t me see ff I can ! 9 knov. the Crv v,'ffl~ be mie to apply gnidehnes to how 20 field part of that The green on your map, of course, is '20 they can de-e~p _-'~ud ~most to a person everyone sa:d 21 tbe watersbed area, and a lot of that green is on 35 So 21 that thezr gc, a was an here then' small farm or ranch, not 22 there wes no other des:gnatlon that was really appropriate 22 for de'velop:aent amfl ~ they spec;fieally wanted to keep 23 m try, ag to protect those areas and still have them as 23 that tm'al f~,or _amd r vas soundly, the annexsoon was 24 anyttung but that des~gnatxon In any of those 24 recommend~ a~o'a~osl b~ oath P&Z and subsequently Cay 25 sxtuations, sttll, exceptions can be made and we do thas 25 Council Page 106 Page 108 I on a - help me I S I ~ma:a~s I v~ald question why so soon 2 COMMI~ION'ER APPLE And that's what I m 2 after ail thee tol~ ::~m:~_ m and saying, you know, 3 wondenng, does all of that have to be designated 3 don't annex ~ ,~e non ~ant your serv:ees, we don't want 4 Neaghbhood Center, or oan you not carve out see~ons of ~t 4 developmen ace ,,e- beet sere forever, why we would 5 l~ke you do - sudde~iy, aa_ bark bod~ agreed w~th those people after 6 MR REIC'~HART L~ke we Just thd for 6 looking at the o/ace~ th~ ,vere talPung about, why would 7 Safety-Kleen and others 7 we so soon mm wamt a2 eps you're going to be a 8 COMMISSIONER APPLE Exantly 8 Nelghborho~ Cente:r anz we're gnmg to have l~ghur density 9 MR al~tcS:l-:~aa' 'the boundary on tl~s ts the 9 and busmeses a~d .~1 ~ when we just got through 10 onSqnal boundary designated by the Planning and Zomng 10 say~ng y'ell ae ~? t~ s not appropriate for tl~s 11 Comnussmn Okay? And I don't th,ak -- 11 area 12 COMMISSIONER,*,PpLE AS a Rural Ama 12 M~ RE~, -~-~s, az well, I think, and correct 13 MR. REICHHART .~stheRuralAma Qane 13 m¢ffI~m~-mg.~ a.C~a~tofflesepropert~esweren,tannexed 14 honestly Idon*t tl~nkat that tlme we thought ora 14 [~caus~the3 ~_~gneff_ ~n .a!mement m heu of annexation not 15 po~on of it b~ng Rural and a portaon of it being 15 to de~lop ~ ~uat c~ezc~ or am I flunking of anotho- 16 Neighborhood Centers Whatever area ~s deemed that should 16 area9 17 he Rural, I mean, we can morease it, we oan decrease thts 17 M~ S~ u~ I mn t remember exactly wl~ch 18 final boandary almost to any degree that we would l~e to 18 oaes s~ned ue ~agre~nen md wluch ones thdn't, but there 19 tomght I mean, that's a very viable possibthty 19 ~vxe se'vers] ~eas ~ troy d~d sign agreements I 20 COMMI~IONERAPPLE okay Well, my 20 don'tk~owc:h~s~anenctl~areasornot Idon't 21 concern is that a ~s a rural area just as that other wa~ 21 remember 22 a hght industrial area We're not going to turn ~t into 22 M~ ~EICI~_~,R~ £ oecd to point out which 23 asmgle-fauulyresidest~alarea I don't know why we 23 lsa'tunyouramp t~eresmareamthecenteroftlus 24 would want to take a rural area that Is In ~xistoa~, not 24 that's not w~l~n ~ C~ ~ is m the ETJ And 25 JUSt vacant land, but dx~ are a lot of es~stmg - 25 there's a httle ~Znger a:'lo~c ~t th~s end wlueh is PLANNING AND ZONIN'(5 ME1RTIN(~ Page 105 - Page 108 19 Condea~ItTM Page 109 Page 11 1 basically floodplmn wl~ch is not m the City, too So I :~om~:vhem along those lines and then address ~t 2 there is areas w~ttan flus area that aren't m the City 2 COMMISSIONE~R RISHEL DO yOU want to put 3 and thc zontng would not affect those But, Imean, there .' ffm'~ - we haven't yet had oar pubhc thscussmn so that 4 is a large area and it could be, you know, change this ~ ~rn,~Vc be sometlang you nught put forth :n the d~scussion 5 boundary, leave the boundary as it is or whatever 5 af~ ~t~ public part Commassioner Powell 6 COMMISSIONER APPLE And I would guess my COMMISSIONER lOWELL I m confused by tl~s 7 preferenc~ would be to protect the watershed area and to ~x.a~e ff we're talking about C, and I guess v~ are, it 8 take rote Consideration those extstln~ restdonoes that are t ~ays .bartErs from N~ghborhood C, entors to Rural Anm And 9 oertmnly rural favor of tho Rural designation of fi,,e a [I th,~r that's what Ms Appla wants but I'm not -- and ff 10 acres Thank you ~&at s ~hat we're doing why am I confused? I 1 COMMISSIONER RISHEL Conmusstoner Mukoy m e.~maHnRT The Comnussion is 12 COMMISSION*ER M1JLROY IS some of this area 2 mecuamendmg the change, has recommended the change and 13 included m the Dema Small Area Plan* _ ~ eh,.~ has been made In order to adopt that change 14 MR REICHI-IART I behove there is a · ,as an m~endment to the Comprehensive Plan, we have to have 15 portion of tt that -- _ aa pubic haarmg You make a mcommendanon to City 16 COMMISSIONER MULROY North Of Roselawn9 : (IT. ourml and City Councd, you know, votes on it 17 MR REICHHART Yes There ts a pomon The difference -- there's a dafference of .18 that ts vacant that is m that area ! a~pma:n Stuff doesn't believe we shotfld make the change '19 COMMISSION~ER MULRO¥ NOW, how do w~ ~ * ~ p.nmng and Zoning Commiss~on does And sst m just 20 interface with the Derua Small Area Piano mama_ our opposition to it 21 MR REICHRART I don't have an answer COMMISSIONER RISHEL And the way it's 22 I'm not sure how that mterfaoe works I believe there wn~rd~ hexe is to be Rural? 23 were .... MR REICHHART COIlg~t It's proposed 24 COMMISSION'ER RISHEL IS tt in the plan or -'* mght mw to be Rural 25 does it abut the plan? ~ COMMISSIONI~R IUSltEL That's the way I mad Page 110 Page 1 12 1 COMMtSSIOt,'F.a MLr~ROV ~t's in thoplan w 5 u still have the floor, Mr Powell 2 tom m~CHHngT ~ behove a portion of this COMMISSIONER POWELL So regardless of what 3 is in the plan .' staff :ranks, at thru stage of the game it's still going 4 coMMISSIONERMULROY n'smtheplan We -~ tmbe_t, uralO 5 don't mally address tha futum uae m the plan Thutwns 2 MR REICHHART If the Comm~sston so 6 the quesuon I brought up when we evaluated the IX-ma caetemmes 7 Small Area Plan Take us back to our discussion of tl~s COMMISSIONER POWELL If we vote on it9 8 area in its entirety, Comrmssmner, Mr Chairman, and to ~ MR P~EICHHART Yes, sir 9 help recall what Comnussmner Apple is mfea'rmg to, we COMMISSIONER POWELL Thank you 10 had qmte ~xt~nsive ¢hscussion that even your murine COMMISSIONER RISHEL Conmussioner Mulroy 11 improvements by the d~oper, if you have housing COMMISSIONER MULROY And to follow-up on 12 developmamts ther~ and put the internal sm~ots and 15nat, ua staff had a negative recommendation and g e're 13 ut~ht~es, we sar have a lm~bl~m of whom you come out 1.' Ir'ymg ~ overcome that And probably when we make a 14 at either end of tl~s whol~ ama of land mass, and that's lz rcantm-_ '~e'll go the whole tfung Rural and then the Dema 15 what was &scuased And our concerns we~ that was gems 1 ~ ~,,'mall ~ Plan can reach out and take pieces as it's more 16 to bo problematic ut th~ e~ads and we really d~dn't foresee I- fi:ante .u-.rhly thought through Thank you 17 doing anytlaag with it an~ the City came up with, you l' COMMISSIONER RISHEL Commissioner Kmth 18 know a traffic plan that would handle that at tho 1 ~ COMMISSIONER KEITH Thank yOU I'm 19 outlets t~gause wborev~z you wa'e out, the traffic of 1 ~ salting :ere loolang at tlus I know some property owners 20 new home~ lg~ ns going to bo very problemanc m our 2~ otto thee and they're hoping that this can be developed 22 concexn of the traffic and of tha area north of Roselawn 2 Ran'al m there What's tbas gems to do to theme 23 you know, for slgg:lfics ~ MR REICHHART If this ts adopted as a 24 So going back to Comnassioner Apple's ILTaml -Lma and someone wanted to do a traditional 25 recommendation, mayb~ w~ ought to split th~s area sm~chx men, you know, less than five acres tn s~ze, what PLANNING AND ZONING MI~I~lllqG Page 109 - Page 112 20 C]ond~scltTM Pag~ 113 Page 115 1 ~ would have to do is go threogh a Compr~h~usn~ Plan_ I MR REICHHART And ff I can answer 2 amendment and then a r~omng And tl~ CompreSsive Lm.~an 2 COMMISSIONER KEITH GO right ahead 3 amendments am what we've hrmted to four tmaes a ~ 3 MR REICHHART The Coss~srehegl$1ve Plan has 4 Ix~ause there is and has been a lot of thought that ia~ 4 done that for the entrre City 5 gone into thc land use plan and it isn't somethng tho: 5 COMMISSIONER KE1TH I'm aware of that 6 you.lust fhppanfly change But that Is the process ttat 6 MR REICHHART And thffre is a vision of 7 ff a was determined that someone wanted to attempt z 7 what this City ts going to be buth to vntlun 20 years 8 subdivision 8 And unless you put something down that says tins ~s what 9 ¢o~[ssiosea mSHn~, or an SUP~ 9 -- thts Is the threctton we're headed, you're not gems to 10 Ma P.~ICHS^RT SO 10 get there, for one And at the same trine, tbas is not a 11 COMX~ISS[O~'F.~ alSam, so sups available' I t static plan that cannot be changed, gaven the right 12 Ma RE[CHHART NO, not for what would l~v¢ 12 information conung forward. 13 to happen 13 And a good example of thai would have been 14 COMM~SSIONF. R RISHEL Thank you for tha: 14 the proposed equestrian famhty on Sherman Road It was 15 clanficaUon 15 proposed to have a hotel and some other tssues No one 16 co~'~seto~a r~lTa so our cenung in md 16 ever envtstoned that up on north of Loop 288 but that is 17 saying they nan only do it four t~mes a year and th~. ~zet 17 something that thru plan can adopt to, those type of 18 a contract on thor land, somebody wanting to dovel~ it. 18 developments or any type of dex elol~:nent No matter whal 19 that tncmases tho mo tn wl~ah they can - w~th wla~ 19 the outcome of tlus one area ~s, I stRl beheve that m 20 apphaaoon and going through all the mottons and to ~ 20 order to change flus Comprehensive Plan, tt should be a 21 the changes, we m loolang at, what, an adthtlonal fi~ 21 long thought out process because a number of )'ears went 22 months9 Because let's say, as I was reading threug~ 'he 22 behind developing the plan So, personally, I think a 23 Code hem, you have, what, they have to apply m J~nmD' 23 developer, someone that ts looking to change the vision of 24 April, July, and what else, to these months9 So let's ray 24 the CRy needs to hax e some thought and supply some 25 they go tn contract tn February and they have to haw a 25 mformatton And tt might be a three-month process to do Pa~e 11-~ Page 116 I 90-day not~ce so, therefore, they have to v,'a~t unal Jx._v 1 that as opposed to a zoning process w here you're changing 2 to make an apphcation And this can add cost to 2 Just wxthm that land use going frora sangle-fanuly to 3 dovelopmeat and other features, as well, on a ¢oatra~ 3 duplex or duplex to mulWfamaly or sometlung hke that, 4 Am I coronet? 4 winch ts a fuirly qmck process a~socaated with that 5 Mil. REICHHART ,~nd that goes for the 5 So I thxnk the process of changing the land 6 entire City 6 use plan Is one that Is very anportant to the City because 7 COMMISSlONF2. r,~IT}~ i m conung down _- 7 so much work has gone rote these maps But it does add 8 know u goes to th~ entire City but I'm focusing m oz 8 ttme and expense 9 tbs at tbs tune as an example of the entL~e City Nov 9 COMMISSIONER m Yes, ~t does It adds 10 so I'm saying for a person to come tn, because the Ce7 i 0 a lot of expenses And when you start ad&rig expenses, 11 comes out here and designates something that, tn i I that has to be passed on to the final land use, land 12 actuahty, twO, thre~, five, ten years down the road, ~ 12 purchaser, be it a home or a devdoper or commerctal 13 don't know how it's really going to bo used but we 13 property, whatever ts being put on theze And that just 14 autonomously come out and designate th~s property a~ Rurad 14 increases the cost to ~t 15 or whatever And rhea we -- rhea when the City begn~ to I5 And I think one of the goals of the City 16 grow and developers start going in tho area, they've g-r 16 should be ~s to make tins ctty affordable to live m, as 17 some more hoops th~'ve got to jump through, corerS2 17 well I don't see that being apphed one bit All I see 18 MR ~ICaa.~T correct 18 Is programs to JUSt increase costs and say money grows on 19 COMMISSIONF. R I{£1TIt I'm Just saying I'm 19 trees And that's how I'm seeing tbs entire plan Would 20 going to ask you one quesuoa What are you going t- nave 20 you agree9 21 for supper tomorrow night, Mi' R,~chhart9 And you m 21 MR REICHHART No, sir 22 saying we're going to designate these lands as such aaf we 22 COMMISSIONER KEITH why'? 23 don't know how specifically they're going to b~ devea.l:ed 23 COMMISSIONER RISHEL. COlllllllSSlon~rs, if we 24 tn the future but we're going to designate it right no'a 24 could refrain from being argumentaW, e 25 And I'm having trouble vath tl~s all over the City C~y~ 25 COMMISSIONER KEITH Sir, I think -- Mr PLANNING AND ZONING MEETING Page 113 - Page 116 21 CondenseltTM Page 117 Page 119 I Charrman, Itlankthescarev~rygeodqu~sums If it I CompPlan If)oudhketohaveaworksesstnn, we'd 2 is, it's not tntended to be argumentatnt¢ lbut t.~.y ure 2 love to come back and tell you ahem tho Comp Plan We've 3 questions 3 done that In tl~ past. We d ~ to do u m th~ fate~ 4 COMMISSIONER RISHEL a'hnn~e 3'O~ 4 But I do think u s sn~cwhat unfair to ask as questions of 5 COMMISSIONERKEITH a'hanl~'OU Solasked 5 thatnature lt's not cm your Agenda I know that Mr 6 hun a question as to answer mine, ',~hy 6 Snyder m thc past ha~ told you that you need to keep to 7 MR REICHHART I thtnk the comttn.~ of th~ 7 what's actually on yc~r Agenda And your Agenda is to 8 Development Code analyzes and covers a '~am range of 8 change sections of tl~ Comprehensive Plan, specifically 9 topics from tnfrastructa~ to env~rouraenrm~ !~rotect:oas, 9 the future land usc a~p And If)ou'd hke to discuss tO environmental -- tho wide range of land tnses ff~er a nux 10 any0mng further I thenk xs~ could do that at a future 11 of types I tlank the Comprehausive Plato is ~-y strong 11 date 12 ooa Imlque mix, not a umque mix but z ~ux of 12 COMMISSIONER mSHEL Thnnlr yOU, Mr 13 developments that would afford, go fre~m afftrdable housing 13 Powell Once agem. tlas ~s a pubhc haas~ng If Mr 14 to thc ten acm lots It goes from srnnll l~7~lgh:orhood 14 Reachhart has fimsbed las comments and the~ are no other 15 Centers to large Employment Cente~ tnafl Re. go. nat Centers 15 comments from the Conmussmn, I will open the pubhc 16 It tries to incorporate fute~ transpurtaucan pm~-ns 16 heanng Anyone v, tmv, ould hk~ to speak regardtng I~n 17 tneluchag hght rail and other items such as thai winch 17 No 10 on our Agenda, I d l~ke to - if they have cards, 18 would then become hubs and provide thmt op;ortumty where 18 and I have several ca-ds that have been filled out so far 19 you could cluste.~c mult~-faauly develepxtn~m. ~,h,ch could be 19 If you have not fdled out a card rcgarchag Item No 10 20 more affordable 20 on the Agenda, th~. should be at the foyer at this entry 21 I tlank the plan and you can Ilook at 21 Our regular rules of decorum and 22 ccrtatn items and they do change the face of cevclopment 22 presentation will appI'y And the first speaker that I 23 tnDentontotrytorespectandpreser~eaaomeofthe 23 have fur Item No 10 on our Agenda ls Mr LneKeith If 24 envtronmental h~mtage that we have m thas e.nnm~mity, at 24 you'd state your en,~- and address 25 the same tmle, txymgtopmvideaquahty of~vmgthat 25 MR kErm imLeeKe~th IhveatS04 Page 118 Page 120 1 flus commuusty has smd they want, amd ~ prowde for I Ector Street M) recammendauon is that no action be 2 the support services, the industrial, the ctmre,"xCtal, and 2 taken on any reconsldarattnn of the City Comprehensive 3 everytlung else that goes wlth that, rmUa ccc commumty 3 Plan until :t is further de~eloped The argument just 4 I don't flunk it probab~ts affordable I~ous.v.g I don't 4 concluded, retnfotces what I was getung ready to say $ tlunk it etlgourages one type of houstmg ct, er another 5 COM~SS~Cea~R mSmSL ! hope it wasn't an 6 COMMISSION'ER RISHEL. Tlaank .701.1, ~ 6 argument 7 Retchhart 7 MR KEn~ ~t is not taken into 8 COMMISSIONER KEITH One mere questton, 8 consld~catlon the basic needs of Denton, wlach thc school 9 please 9 district and the City Council got t~ctber a few months 10 COMMISSIONER RISHEL CO,~m~,~roner Kezth 10 ago and decided that ,ahat the City reully needed was 11 COMMISSIONER KEITH Yes., s~r Would you 11 commercial and mdtmnal development so that they would 12 define some of the points that you just p:r !~e the 12 have an increase tn tax base so that your home taxes would 13 envtronmental and all thaO You mac3e some bullets there 13 not double every few years Othervase, the tax base is 14 Would you rmnd gxwng -- what's the enxxonment of -- 14 going to ge on the horacowners 15 COMMISSIONER RISHEL Ma7 ]~e~.hhart, 15 So m) recc~v, mendat:on is that an advisory 16 there's a glossary, and Comnuss~on, ~ s a glossary of 16 comimRne compo:,ed of fi~e businessmen, to include a real 17 text that we have that ~s set up m thc Cote and those 17 estate broker who specaahzes m selhag raw land to 18 things are very specifically defined b~ d~laltlon all the 18 developers, a de, eloper who spemahzes in home 19 way through, and then a glossary at frae E-mt or the back 19 developments, a de~ ek:~cr who speclahzes in commercial 20 I forget whteh Mr Penn,l! 20 development such as shopptng centers and retail space and 21 MR POWEL~ Good evemng. I'= sztUng 21 so forth, a developer speciahzmg tn office space 22 back here hstemng to the dzscusston amd ] rh~nlc Mr 22 motels restaurants and so forth, and a developer who 23 Retchhart did a great job of trying to Ilay t'ut what a Comp 23 speclahzes tn mdastrml development be appetnted by the 24 Plan xs I would encourage you to leek a: what's before 24 City Coancil as an adv~sury to tho City staff on 25 you tonight, and ~t's not a referendum~ ur ,~.slon on the 25 developtng tho Clt~ Cc~mprebensive Developtncnt Plans It's PLANNING AND ZONING M~ETING Page 117 - Page 120 22 CondenseltTM Page 121 Page 123 I rea! ewdent that ~ h~e not taken rote conmderation I always bees so absolutely tmpeocably -- they've been 2 the part that these g~opl: play in building a community 2 m::g~eocablc about recciv;ng or gea~ng out th~ word to 3 It's l:een left out of'~e ~tan In reading the plan, I 3 people that danes are being done when it affects zomng 4 don't even behev~ t:the tx.-ople that wrote it tmderstand 4 m ~a area I do not see that it's been done here 5 whaI they're se~nn~g, 5 The catch word is, I guess, we're changing 6 I know ~ a~ some new tlungs that have 6 the Comprehensive Plan but every thscussian that's 7 come up such as thio ~mts voted in by the last Congress 7 happened tonight has always been about zomng as a result 8 to gave cities to btt~ xa~ Iand for whatever the City needs 8 of the change m tbo Comprehensive Plan And I personally 9 them to b~ from a 'a~nlh'n_r seller If you designate an 9 nevtx recmved a not~ce and I'm w;~n 200 feet of both of 10 area as a Rural Arem, wcu~d that not change the value of 10 those And I%c talked to other people that haven t 11 land fl' that's '~ :the City wanted to buy? Or would it 11 roe:roved a neeco and I've talked to a number of people t 2 not change the valise of and where a developer is trymg 12 thaa really don t understand what Is going on and aren't 13 to de, clop son:eth~, s~alt a lot of money, got everything 13 real happy v~th thc idea that changes ave being made 14 rcad.x to go, and th~ Cl~ decides that that's where they 14 Ncnv, I g~ that to you for considerat~on If, m fact, 15 want to develop a l~ra] 3cea9 15 noocc has not been bqven m these areas, I really request 16 So my re~m'an~ndatton is to put aside any 16 ~ tho Planning and Zomng ComnusSlOn go back to the 17 flirt]er reco~0~tlO~ ~o the City Council on the City 17 drawing board, even if it means delaying adoption of th~s 18 Coraprehensi'~e Plato unrA such tune as a special cormmttec 18 C,maprehensl~e Plan - not the Comprehensive Plan of the 19 has ~vzsexi the Ct~ sta_= on the ducction they need to 19 De'~'elopment Code, and send the correot notlce~ out Z0 go for develop:ag fine lad surcoundmg the City of Denton 20 That's one issue 21 Them< you 21 Secondly, the particular area, I'll go a 22 COVD, tlSSIIDNEI RISHEL Thank you, Mr Keith 22 htt~ bit more m on that, in th~s area here and I tMnk 93 The ~ext card that £ ~ave ~s from Betty Kealy And the 23 Chah"man, that you hve in th~s area, as well, but I've 24 next card I hex e at'am' t.h:~ ts going to bc from Dalton 24 talked to some people directly across from me which as~xc 25 Allen IsMs Kea[?h~'~andwouldshecarotospeak9 25 thscuss what happens -- pardon me Page 122 Page 124 1 Bert3. Kcaly Okay Damn Allen I COMMISSIONER RISHEL And keep in mind, Mr 2 MR ALLE~ cmmusmoners, good evening 2 ~, that ail of these people that are here today were 3 COM~fISSIIDlx'Et P, ISHEL Just as a note, Ms 3 at r. he same meeting that )ou were at last night 4 Keal','~cardsatdthmtsh:wasspeakmgforItemNo l0 4 MRALLEN okay I haven't gotten even 5 and'was opposedto ]tea:No 10 5 mto that issuc as yet, neramIgomgtounlessIha~,e 6 MR ALLE~ M3. name is Dalton Allen I 6 the opportunity to 7 live e. l 11 Lexmgtam La:e, Denton, Texas And I'm here 7 COMMISSIONER RISHEL It's your time 8 just to visit abo{.It g~ ~gou,~a~ of things about the 8 MR ALLEN Pardon me 9 Corth.-rehgastve Plato L,m-y, I may need to reference those 9 COX, LMISSIONER RISHEL It's your time 10 mju<asecond,ff'Ioouan'tnund Imaynot there 10 MR ALLEN Great Just don't use lt on 11 some concerns ove~-- Lf ~ can see that Your A and B, 11 those tlungs, all right9 Thc people across thc street 12 Lan3 could I use tImase, 71ease'~ That one right there : 12 thru I spoke to &d not know that flus zoning was talang 13 That ~ows much b~aer ~ tho httle one that ! brought 13 plaice or th~s rc -- the change m the Comprehensive Plan 14 I live -- I ~flon'~ Live -- I live m 14 tha~ affects the zomng T'ms affects them and their 15 LexuS_ on in South:edge :ut I have a property, a school 15 h,,elthend, very possibly, especially some that arc 16 that ts on Jagoe, whnv~h b:rders -- Jagoo is here I'm on 16 plarmmg on sethng their property, especially some that 17 the can't side of Jago~ Trot still stays Umverstty Core 17 may have some mtent to use, based en thc DR 2 zoning~ that 18 Acro~ the stree~ is mot 18 is caxrrently or had been proposed m here, tf it's chan~d 19 I hex e ano~aer ~n-opcrty that Is on Oak 19 it ~ affect these people x cry drastically I really 20 Street taght m here, ms a hatter of fact, which is just 20 req~aest a consideration on all of that 21 north of the proposeg~ c. hmEe in thc Comprehensive Plan I]21 Now, you've asked me not to go into the 22 was at'vised, aetualL_~, m ~,Iarch that ttus had already been ]22 ethos' flung and I will not 23 done I didn't real~7~, un~ a couple of days ago that tt [23 COMMISSIONER RISHEL It's your th'ne 24 had net, and maybe ~ w~ my misunderstanding 24 MIL ALLEN I understand What I would 25 But the Plasma. and Zoning Conmusmon has 25 hke -- PLANNING AND ZONING MEETIN(} Page 121 - Page 124 23 Cond~ns~ItTM Page 125 Page 127 I 'COMMISSIONER RISHEL This IS a public ! cbc audience wishes to vcnf~ ~his, I can refer them to 2 hear'mE 2 places to confirm flus ~nformaaon It's rather detailed 3 ~ ALLEN what I would hke ts to have -- 3 Now, s~r, do you thu~ some of this stuff 4 I'm going to request that you delay tbas Pm going to 4 that if a gees through, knowing what I just sham:l w~th 5 reqt~st c.'axt you delay the reeommendatton to Council I 5 you do you possibly see some of flus happening m Dentoa~ 6 thTnl~ '~a'S some very serious xssues that I'm not, 6 MR ALLEN I don't know to what extent the 7 bee~m~e c~ a three-rmnute lmutatton, bemg able to get 7 cmzens have the right to request that so I'm not sure 8 into, BE: [ would love to send each of you an E-mad ~o 8 how that would work But I can see, without quesuon, 9 tha~ you ~an read tt at your leisure before that tune of 9 that there are some issues m~olved m the Denton 10 recmrnme~datton comes If I could get your E-ma~ some 10 Development Code that unpact citasens fanly signfficanth 11 way~ I'd :e very happy to do tt But there really arr 11 ~npropertyvalaes, as well as uses on thear land Ican 12 son~eprrzysenousxssues I thank you so much for your 12 seethat Noflung~saperfectworld 13 tln~. 13 And I tl~nk we need a Development Code but 14 COMMISSIONER RISHEL staff, I'm sure, 14 I don't flunk it needs to 8o forward untd some of - a 15 woufld be ~appy to prowde you e~ther E-rural ad'dresses or 15 few more of the T's have been crossed and I's domxl An.t 16 mETaling a~resses for everyone available herr 16 that may only take another month or so But every t~me 17 MR. ALLEN That's wonderful Thankyou. 17 youhaveasituatmnhketlascomeup, then people get 18 COMMISSIONER KEITH Mr Chau'man 18 revolved and finally find out other things And it s .lust 19 COMMISSIONER RI~HEL Thank you very muzh 19 an educational process 20 MY ~e~.~. CoIl~'i'u$$1orler Kelth 20 COMMISSIONER mSHEL Thank you, Mr Allen 21 COMMI~JSIONER K~rn~ I have questaons of 21 COMMISSIONER ~ Thank you, Mr Allen 22 Mc ~13.~- please 22 MR ALLEN YOU're ',cry welcome Thank 23 COMMI~JSIONER RISHEL Conaxntsstoner Keltr~ 23 >ou 24 COMMISSIONER KEITH Yeah, Itd lLke to ha~,~ 24 COMMISSIONER RISEEL comnussioners once 25 san~e quemons of Mr Allen, please 25 ngmn, ff we could confine our questions to threct Page 126 P%~ 128 I MR. ALLEN Y~, 811' I questions to the speaker or ~ the Cormmssion as a whole. 2 COMMISSIONER r~TH Mr Allen, I was at 2 I tl~nk our meeting wdl flo'~ a httle blt smoother 3 ~ ~ last night and we had, maybe I ~ught have 3 The next person ~bo would lake to speak or 4 m~s~..xl ~ or two, but I tlunk I got pretXy much all of 4 have a card to speak is Mr Chff Redmg Is Mr Redmg 5 tk,,,~ we~.u~d55maybepluspenplecometothepothmaand 5 stfllhere? IsawMr Redmglxa~enrher Idon'tsee 6 sgem~la~-:ught, AndItook, Ifiank, rather pret~y good 6 lumhetenow Mr RedmghasacommentonDe~elopm~ 7 no~e:~ ~d of tl~ 55, 42 had problems w~th flus Plan :a 7 Code and just says that he's opposed 8 thew ~n:rsmal properties being rezoned mapprrpnatoly 8 COMMISStoNF~ ~rm Mr Chun'man, can I 9 qen~u~nmtv tha~rlackofunderstandmg I'mgnmgto 9 address tho Cha~rman and the Conumttee as a whole plea.co 10 have a qmsUon for you here Are you fanuhur v~th the 10 COMMISSIONER RISHEL Pl.~ase 11 p~ec~ of ~slauon that's being drafted in Waslungton 11 COM~ISSIONER r.~uxa ~ w~sh to make an 12 calle:fl the Consexvat~on and Reclamation Act, sir? 12 observation bore that flus ~s a very important pan of our 13 MR. ALLEN l'mnot 13 Agendatomght ItmvolvestbeClty Itmvulv~ 14 COMMISSIONF-R ~;glXE You're not Okay 14 redraftmg a Code law We're eren~ng law here as to ho~ 15 Benr-~me I want to explam lt to you Tluslsa 15 flus Clty is gmng to be man .aged for thc next conung 16 provE-am fiat is b~ng drafted to provide tens of btthons 16 ~ears 17 of ,~,~n~ ~ cmos, counties, and states for the purpose 17 COMMISSIONER msm~L we make a 18 of btu2nng, arvn tracts of land that -- from, quote, 18 recommendation to City Council 19 xv~n.~E se2m's There's a big controversy on it 19 COMMISSIONER KEr~ we're making 20 Tlas Is a program that is designed so tha~ 20 recommendation excuse me Well, we'rr actually mdm~? 21 any xlevea:per that may wlsh to sell lt or lus property 21 mitscreatmg Iw~llrevisemyself Thankyou, s~r 22 bercnm~ mmarketablo for whatever reasons, then the c~ 22 I am very much thstorbed that flus item of gxent 23 can =cane.n and buy it Tlas money is going to ho 23 unportance was put so far back bel~nd on the Agenda the I 24 pro~ucl~d ~f-budget by the government, meaning that t~y 24 nouced ~ were numerous I~opIe that wo~ here that 25 can ~m'oxx:~ ~ funds just by pnnting a ff anybody m 25 w~shed to speck have left, and I really protest that PLANNI3qG AND ZONING MEETING Page 125 - P~e 125 24 CondensoltTM Page 129 Page 131 2 Conmuss~oners'opt~ontobnngforthan~temfortberupm 2 I would ask you ~ make exce'puon lt!unkMs Kenlyhas 3 thc Agenda tf th~'d hkc to make that at the lb'st par~ 3 come back tnto tbe room and she had signed up to speak 4 ofthcme~ng So that's always avaflable to you If 4 tonight It would be unfa~r to ask her to come back 5 you want to change dunng the meeting, that's also 5 Thank you 10 at another meeting and put it further up 10 a comment I2 alwaysappmpnate Webevoamot~on~otabln Iflunk 12 COMMISSIONER KEITH- Yes I'd h3~ to make 13 that ottr legel has meatloned that it nught be more 13 a comment regarding my motion And that ~s that. yes, thc 15 opposed to table So I'll bnng that up as a point of 15 interesting on flus and been a problem is flus all has 17 COMMISSIONERpOWELL lll~cond 17 yesrandahalf, ifnotmote We have - to me, fiatkmd [ 8 COMMISSIONER RISHEL It'S boca3 - It would 18 of convolutes a little bit of its development and 19 be a molaon to continue to a date certain and that date 19 creataon The public hasn't really been tn~ olved x~ath ~ts 20 would be December 19th We have a morton from 20 development until our joint session last night and we 21 Comnussiouer Ko,th and a second from Conmuss~oner PowelL 21 hstened to them I listened, as I outhred to our 22 All in favor please - chscusslon, fine Comnussioner 22 previous sl~aknr We had 42 of 55 fiat ,~re vet) 23 Roy 23 uncomformbln with what was going cn And tins ~s an 24 COMMISSIONER ao¥! don t agree vath thas 24 opportunity with winch to ~able ~t or to conunue it and 25 tbemotlon I flunk we need to contmue worinng through 25 allowmoretnputfromtbecommunitx Thnukyou Page 130 Page 132 I these issues It's get~mg -- we're getttng further and COMVIISSIOX~ER SlSHEL 'thank )ou 2 fttr~er away from getttng flus thtng resolved and I think 2 Comrmsstnner Apple 4 I will not be voting for the motion 4 httle bit on what Comuussloner Ko,th smd. I too auended 5 COMMISSIONER RISHEL commissioner Apple 5 the meeting last night and I bea~l tbe r~ople speak And 7 land of got far afield of what was on our Agenda because I 7 issues fiat pertain to thear part~cular l:roporues And 8 was looPang at Items A through K, specufic mapping issues 8 these properties that - these areas thai we re loolung at 9 that the Planning and Zmung Comunssloa has previously 9 tonight, I know In the past at least tn some of them we l 0 &scussed and previously made decisions on by flus body 10 had spendic pubhc beanngs gear~ al those The 11 and that flus was more of a house, ke~mg kaod of measure 11 Downtown University Core to existn~, neighborhood on 12 as oppos~l to anything as broad as the Gomprehensn'e Plan 12 Scnptu~, Jngoe, et cetera, had ulreack, been addressed 13 So I wll be votang against the motion 13 and was qmte well pubheized And fiat's one of the 14 COMMISSIONER RISHEL It always belps ff ~e 14 reasous ,shy flus amendment is beang put forth tomght 15 confine our questions chreclly to the quesuons and w~ 15 .lust to clarify that 17 Mulroy 17 COMMISSIONER KEI'fH. 'fha~k you, MI' 18 COMMI$SIONERMULROY YeS I'dhketo 18 Speaker Yes we had these people ~alk Tbey spoke tn 19 echo those sentiments, that we're far afi~d from the 19 petition to their particular propernes That as, wben 20 Agenda l~a and what I flunk has been already a pubhc 20 you put it together as a whole thas is ~he w~ole of the 21 record of oar P&Z recommeadattnus for the tnap changes has 21 commumty that's shavang conc~xn about thas dex elopment 22 been pubhc recoed for two months or so And now it s 22 that they were unaware of how tlungs we~ going unul the 23 back in an easy to follow form ready for us to act on and 23 11 th hour 24 it vail not be that time consunung if we suck vath the 24 And now ';~e re getUng do~a to the wrre on a 25 subject 25 lot of fiaese topics and 1 flunk that the community rashes PLANNING AND ZONING MEETIN( Page 129 - Page 132 25 CondonsoItTM Page 133 Page 135 I to have a little more input in these They're told to -- I COMXt~SSIO',T~R RISHEL AS W~re We 2 that th~ wee told that th~ City vail address thee I 2 MS ~L¥ Yes And flus particular Issue 3 had one mdavulual, he smd be met w;th the City staff and 3 is not on )oar official Agenda however, I do feel 4 hejust kept saymg trust me, trustmc, trustme Andthe 4 necessary to come before you ngam Wchavcgonethrough 5 way I -- I can't help but reflect that trust and faith are 5 qmte a process back m June and July on zomng these two 6 articles of rehguon and not of government and poht~c$ 6 particular - 7 And I flunk th, s ~s somethmg that really nends to he 7 COMXilSSIO~,~RRISHE'~ MS Kealy, hemgth~s 8 lookedatvea'ycloscly Thankyou 8 ~snotenourItea~No 10,1el mc poll our Comm~ss~on 9 COMMiSSION'I~R RISHEL c. mumlsslon~r Mulroy 9 and see ff you 'nnauld I~e to speak -- ff you would hkc to 10 COMMISSIO,,amMULROY Yes I'd3usthke 10 hearMs Kenlyrngardmgtl~s~ssue 11 to offer comments as far as the pubhc advertisement, 11 ~nv,. &','YD~ Is It one of these tenV 12 knowledge, and parUclpauon And for brevity, to keep ~t 12 COMXnSSIO',?m IUSHEL ~O, ~t'S not one of 13 short, I won't ask Mr Powell to guve us the hst of the 13 these 14 pubhc meetings for the Comp Plan I know that was a very 14 V,R S.X'YnE~. okay But :t is not;ced You 15 pubhc process vath ne~ghborhend meat~ngs, meetings m 15 could, I suppose, con~dur it ~f you want to 16 these chamhe~s, mectmgs at the Chamber of Commeme It 16 COMMISSIO~'E~ mS,qEL Everyone kind of 17 was very well pubhc~d and had broad public 17 concurs I behes'e, that they'd hke to have the pubhc 18 participation It went on for a year or more und the Code 18 heard Is that correcO Okay Thankyou, Ms Kealy 19 part~clpatmn was two dd'ferent -- was a City conumttce 19 Excuse ag for mterr~ung 20 and a Chamber conumttee, a P&Z and Councd work sess:uns, 20 ,ns ~m~L~ I can contmun? 21 all over two years, agem, v, ath vada pubhcity I don't 21 COM~XflSSlC~'E~ mSHEL Please 22 tl~nk unyflung has been done m the dark of night And I 22 xns KEAL'~ okay My ~ssue excuse me 23 thmkjusthecausewea~newlyappomteddcesn'tmeanx~* 23 here Tbese two open lots we came before the P&Z Board 24 are entitled to revisit the vahdxty of the public input 24 back m June and Jul3 We had several meetings and the 25 over three years Thank you 25 P&Z Board final dec~on back m the m~ddle of July was to Page 134 Page 136 ! COMMISSION'ER RISHEL We St~'m to have a 1 recommend dental of,hangang -- 2 needtohavearebuttalexea'ytanewehevea speakerand 2 COMX~ISSlC~'ERPdSHEL MS Kealy, latme 3 we are not going to proceed under that assumption, please 3 have our legal speak for us 4 Thenk you 4 M1L S~N~'DE~ IJust want to have a 5 COMMI$SIO\'E1R HOLT I call the question 5 clar~ficaU0n Are yo~- talking about a Comprehensive Plan 6 COMMISSIO\'I~R RtsHEL The quest:on has been 6 amendment request here or a zoning request? 7 called on the contmuaoce of tins meeting, flus :leto on 7 MS KE. nC'~ zoning 8 ourAgenda, wh~¢h~sItemNo 10 The mot:on was from 8 MR S.X~YD~'~ okay We're not posted for 9 Mr Ke~th and it was seconded by Mr Powell The quest;un 9 that Tlus ~tem does ~t - only allows a (hscuss~on 10 has been called to continue tins to a date certain, that 10 concerning Compreheasl~ e Plan amendments, not zomng 11 b~ngDecemherl9th, 2001 Wovallvotenow Themot;en 11 amendments So ~t's unt properly posted Itwouldbea 1:2 fads 5-:2 12 wolat~en of Open Meeangs Law to proceed on flus ~tem 13 (COMMISSION'ER~ MULROY APPLE RISHEL, HOLT 13 MS KF~ALY Call ! ask a question? When can 14 AND ROY VOTED IN OPPOSITION ) 14 I come before you fo~cs to (hscuss flus Issue? 15 COMM~SStOh'~R PdSHEC Rem No 10 Is st~ll 15 ~ ~x'YD~ well, I dank probably -- why 16 m (hscusslon and we ure m a pubhc heanng and I have 16 den't you get vaih Lin'fy Rmclthart er Dong Powell and they 17 severalspeahersthatwouldst~llhketespeak Mylast 17 canbelp~ougetonafumeeAgenda Oun of the ways ~t 18 cathng was for Mr Cliff Re(hng Is Mr Re(hng st~ll 18 could happen would ~¢ you could ask to he put on a City 19 here? Was ~t Ms Kealy that had come back rote our 19 Council Agenda and addre:ss the Councd (hrectly with 20 au(hence and I had called her card previously? Is Ms 20 regard to that But tlx7 can tell you what the procedural 21 Kealystallhere? And ~nould Ms Kealy care to speak? 21 rules are to talk abotn that. how te get on the Agenda 22 It's your tmte 22 MS I~.~.nL~ okay Because I understood 23 MS KEALY 'thank you very much for hennng 23 da$ evening that we could come before you folks 24 me flus evenmg I was m attendance last mght at tho 24 MR. ~,'YD~ Th'S ~S another item on this 25 City Council 25 Agenda that's lam' or_ but that's not a pubhc beanng PLANNING AND ZONING MEETING Page 133 - Page 136 26 Condcn~cltTM Page 137 Page 139 I ' M~ l~-s. Ly okay I any clearer Do you have a q~stton con.ming ~e 2 ~IO~ ~SHEL ~ R~C~ 2 C~p~h~ve PI~ or do you ~ve a question ~n~mmg 3 ~ ~x ~st m~t was ~ ~ ~ 3 ~ ~elop~t C~e? 4 c~ fo~ ~ ~ ~u~t ~d I beh~e she ~d And 4 ~ CALVERT The ~velopm~t C~e 5 ~s mfo~n ~s ~u~t w~ bmu~t fo~ard It 5 MR S~ER ~ you ~OW ~ differs9 6 ~o~ ~ p~ of ~ ~scussmn ~'m going ~ have at ~e 6 May~ you don't ~ow ~e ~ff~ 7 ~ ~ ~ 7 ~ CALVERT May~ I don't 8 ~m~to~msaEL xhenextA~nda~t~ 8 ~m S~ER Okay ~eComp~h~s~vePlan 9 ~ n~ a p~b~ ~ 9 ~ &e ~ map of ~e CtW, not the ~nmg map, but I0 ~T SO It'sad~seussmn~ 10 11 ~aug x~ &d ~ pubhe input on ~s a~dy ~d so 11 ~ CALVERT It d~'t have an~ng to 12 ~ ~t ~ ~s m ~ne w~t m do, wMt yo~ 12 ~ ~ the ~all t~ It's the b~g ~t~ as a whole ~s 13 ~non ~s ~ ~at input 13 ~t ~u'~ d~scussmg9 14 co~io~ ~SHEL ff ~ Co~s81on 8o 14 MR S~ER ~t It's an ove~ll pl~ 15 mo~ ~t ~ ~o~ hke ~ ~ from ~e pubhe m ~at 15 of ~e C~ It's not the ~mng ~lf 16 ~c~smn.~t~beanopUon. also Okay ~nk 16 Sm CALVERT well, I'm~g~getm-- 17 3ou v~ m~h 17 COMMISSIONER ~SHEL ~ ~v~ byes on 18 I ~x e s~al o~ c~ds of p~p~ ~t 18 T:o~ S~t I ~ow ~at's one of ~o~ ~ ~t's 19 ~o~ ~ ~ s~ ~'g not m~k~ as an ~nda ~ 19 ~n ~e ~ope of o~ work ~at we'~ loo~ng at tomght 20 n~ m ~c ~ I don't ~ow whe~ ~ want m 20 ~ I'm ~e~mg ~at you ~t want to s~ ~dmg 21 ad~s ~s ~c~ I~ No 10 on o~ ~nda 21 3o~ ~c~ -- 22 ~~o~dyouL~ad~sI~No 10m 22 bm CAL~RT well, no, not~lly I've 23 ~I~A~o~K~t~ad~s~mI~No 107 23 h~ed~alongt~e Iw~--Wsthelots~atI 24 ~d ff)an'd ~e ~ yo~ name ~d ad~s 24 ~ do~ and a w~ ~t -- the only ~ng I was 25 s~ C~T ~ Olv~, 1101 ~0~S 25 ~ng w~ ~at -- w~t~ to ~y w~ t~t ~ ~t exxsts Page 138 Page 140 I S~ m ~mm T~s ~st m~t you-a~ ask~ ff I n~ I ye got ov~ 200 opuons of what I want m do 2 ~3~y wo~d ~e ~ e~ s~ on ~o Code and so I just 2 Lad~ ~ n~v Code Ive only got 80 options 3 Mdaf~w~I~say I~ow--Idon't~ 3 ~s~D~ nsoun~ehe'sgota 4 1 m m acco~ce ~a~ ~t 4 ff~n~ ~&ng ~ C~e, ~ zoning and not about ~e 5 ~m~ ~euseme s~ Toe~, 5 ~p~ens~eP~n 7 p~ ~d~ or about ~e ~velop~nt ~ 7 ~g I~ No 10 on o~ A~nda ~at you wo~d ~e 9 s~ sx~ weR, ~t's not what ~s 9 ~ ~L~T 1 ~s not 11 b~ ~X~T how, classify ~t again f~ 11 ~m CAL~T T~ way you put ~t m me, I 12 ~ 12 ~S not But I ~a~ you for yo~ t~me 13 ~ ~ x~s ~ ~t~ ~at's pos~ 13 ~MMt~O~ mS.EL Thank you 14 m~ ~ ~x e ~ c~ply ~ ~ ~en M~mgs Law 14 x~ CnL~T You'g ~lcome 16 not~p~&scms~tamnotpos~on 16 ~MMI~IO~SHEL Mr Km~ 17 ~ ~ ~ ~da ~ says ~at ~s ~s ~ ~o~ve 17 ~MM[~IO~ ~ITH May I pl~se, Just a 18 pubhc input ~ ~mp~s~ve P~n ~en~ents 18 ~ I ~nk ~e pgwous -- ~e ~tl~n ~t just 19 It s not ~ ~ aMut ~ ~elopm~t ~ So ff you 19 c~e ~ ~e po&~ ~s an ~ple of ~e coniston ov~ ~e 20 ~ e q~Uons about ~e ~elopment C~, ~at's not 20 m~ ~o~ ~ng a lot of c~U~ns and prop~ 21 ~ane to ~s 21 ~ ~ ~e co~W ~nk you v~ much ~2 sm ~x ao~, ~e ~ent ~t's 22 ~MMISSIO~ ~SHEL ThaRk you, ~ K~ 23 ~ehnn~me~om~e~tI'm~e 23 1M~e~o~c~dfmm~heWfid~ Is~he-~s ~4 ~t ~'ggo~ m 24 ~x on I~ No 10 ~t you'd ~e ~ sp~? 25 sm sx~ ~ don't ~ow how ~ ~e ~t 25 s~ wm~ ~ ~emng No It wo~d PLATO A~ ZO~O ~B~O .... Page 137 - Page 14( 27 Condons¢ItTM Page 141 Page 143 1 he on N~ 12 and I ho!~ that we will open a for a I That is one story, but these extreme restncuons that 2 pubhc heenng 2 you're putong on me ~s something else, and Ws got to be 3 COMMISSIONER RISHEL Thank you 3 dealt with 4 ),is WILDER 'thank you 4 Our Constitotion, State ConstamUon 5 COMMISSIONER RISHEL I have a card from Ecl 5 doesn't approve of taking of people's lancL I think 6 Wulski Mr Wulski, do you have a discussion on Item No 6 you-all know th~e's a war going on right now and those 7 10 that you d like to bring forward? And I have a card 7 people are fighting for our rights, for us people m the 8 from Ms Haggard Ms Haggard, would you hko to speak on 8 United States My husband fought m World War u and then 9 Item No 10 on our Agenda7 9 he suffered the rest of his hfe wth para e~ry day 10 vis HACiOARD Yes Chairman and the 10 He was ~n a wheelchair for 23 years and 11 Commission, I came b~fore the Conumsslon m the spnng 11 completely paralyzed bas last six months Of our 54 12 but l see four now faoas on hem tomght Wllllhatnmp 12 years v~ spent 53 of them them He fought for our 13 show up on the scr~n? 13 nghis and he fought for your rights Nov, o's time for 14 COMMISSIONER RISrlEL Yes, ma'am 14 y'all to do sometlung about these exh'~me things, 15 ',is rlAOO.~,o okay 15 resUncoons that you have put on flus pro!~m3~ Thank 16 COMMISSIONER RlSttl!L And if I could get a 16 you for hstomng to me 17 staff memb~ to help position that for her I'm sure -- 17 ¢OMXalsstONER RIaHEL Thank you very much 18 Ms Haggard Is an eloquant speaker 18 Ms Haggard And I know that the staff would be more than 19 vis r~.OOASD I m Wllma Haggard I hve m 19 happy to try to address the questions that you rmght have 20 1900 Wouth Mayball Road And come January the 28th, n~xt 20 MS HAOOAI~O DO what? 21 month, we wdl hve there 56 years We have 35 acres 15 21 COMMISSIONERRISHEL lknov, that the staff 22 acres is in wo~ds and a big high hill The City wants to 22 would be more then happy to ad&ess the questions that you 23 take seven and a half acres for open space And on the 23 m~ght have I have several people on the Commissmners 24 enwronmenmlly sensitive area on page 63 -- 24 that would l~e to speak, if you would hold for a second 25 COMMISSIONER RISHEL I flunk, just for 25 Comrmssloner Apple Page 142 Page 144 I Conumsslonec's sake, I think Ms Haggard would probably be I COMMISSIONER APPLE I would.lust hke to 2 refemng to I~m No H on our Ageoda which she hves 2 make a request at this meeting that a specific staff 3 right across tho street from 3 person be assigned to Ms Haggard 4 vis ~IAOO~U~D Oo what? 4 MS HAC, a~U~D Can yOU get ulc, ser to your 5 COMMISSIONER RISBEL I m just trying to 5 microphone? 6 posiuon lhe rest of our Comnusslonars that you would l~e 6 COMMISSIONER APPLE [ Would ~lke to 7 right across the street from Item No H on our Agenda 7 request that a specific staff member be assigned to Ms 8 wbach is probably a concern of yours Go ahead, please 8 Haggard and that she be loven something m wnung with a 9 via t~Aaonlm This is Mayhill Road right 9 copy to us outlmmg exactly what tho ram,fications that 10 here Tl~s euthned tn blaek is our properly Youcome 10 are gemg on vath her property Tbas is the fourth Ume 11 up the road here, this ts our house and Ws flat here, 11 that Ms Haggard has been before me and we have made ~bas 12 then it comes on up and flus is an extremely bagh hill 12 request I know on at least one other oecasmn and I have 13 It's flat en there And at the west hne, nstartsgmng 13 never seen any vesponse I'm not saylng that sha hasn't 14 down ~,elL seven and a half acres ts what the City 14 been responded to but I know we did ask flus same flung at 15 wants It said that thee developments -- and flus in on 15 a much earlier date So I would.lust like to ask for the 16 page 163, 1410, No B, these developments shall be 16 record tomght that a specific staff person be assigned, 17 arranged m order to maxnmz~ access and uuheanon of 17 that we be given the name of that staff person, and that 18 the environmentally sensitive area by ~ resuleels of the 18 we be Hvena week or two weeks that we all are provided 19 development and tbe Ctty 19 wlth a writtan copy of what thmr response to her ts so 20 I don't flunk it's my responsibility to 20 that we will understand exactly what the City's posmon 21 furmsh ihs for the City Years ago when they rationed, 21 is and exactly where Ms Haggard stands 12 Mayball Road, we gave tho right-of-way When tbey 22 COMVIISS~O~'ea RISHEL I met wnh Ms 13 sur, eyed across the hill up ther~ for 288, we offered ~ 23 Haggard Monday or Tuesday when I was m the planning 24 10Ye the right of-way Well, now the City has expanded 24 office and she was taking the ume to learn mote about the 25 the landfill to Mayhill Road across from my property 25 plan directly And I know that she spoke at length with PLANNING AND ZONING MEETING Page 141 - Page 14 28 CondenseItTM Page 145 Page 147 I Mr Doug Powell and at length with mysoff and I don't know I little blt 2 if there were any oth~r staff members there, but I know 2 COMMISSIONER RISHEL And mom than once I 3 that she's -- Mr Relehhart mthcates that he also had an 3 have offered Ms Haggard that I would meet with hat and a 4 opportunity to speak vath IV!s Haggard So I know that 4 staff memher and have told her I'd be happy to do that 5 th~ are trying to hatch to hat discussion and - 5 And thai, once again, we m~t cat'her tills week downtown 6 COMMISSIONER APPL~ I appreamto that 6 And I appreciate her doing her homework and trylug to 7 Bm if w~ could get something m writing because wn haar a 7 learn more about the process that we're going through So 8 lot of ha said, she said, they said, I was told If It's 8 thank you vea'y much, Ms Haggard Although we do have 9 m writing, we all know what was said and what occurred 9 another question from Ms Holt l0 COMMISSIONERRISHEL lWlllask[~trlr l0 COMMISSIONER HOLT In re-readmg our 11 Rclchhartto follow up with a wnt~n scenanoofwhathas 11 Agenda under pubhcheanugs No 10,1f you read thls 1:2 transpired end anythtag ha cen do to help ennve~y to Ms 12 it depends on where you put your reflection, I tl~nk that 13 Haggard what has transpm:"d hem with her prol~'lY 13 these penpl¢ should he able to speak because a soys here 14 MS HACiOARO well, I wanted to say this, 14 hold a pubhc heanug and consider making a recommendation 1 $ :f the City wants that seven and a half acres, they can 15 to the City Council regarding proposed amendments to the 16 buy It at marknt price I don't have anything to give you 16 Denton Comprehans~vc Plan based on the Denton Development 17 now since you've expanded the landfill I stend m my 17 Code, and tha rezonmg of all properly wth~n the City 18 front door and look there and w~ have doctor bills because lli hmltS of thc City of Denton 19 of the dust and all 19 COMMISSIONER RISHEL That's how I read ~t 20 COMMISSIONER RISHEL YOU're fine I think 20 COMMISSIONER HOLT And I would hkc to 21 we have a couple of more Conmusstoners that anght have 21 allow these people, reopen the public hennug and allow 22 questions I don't know Le MS Apple is - still has the 22 these penpl~ to speak 23 floor 23 COMMISSIONER RISHEL Mr Snyder would like 94 COMMISSIONER APPLE ! Just wanted to say 24 to make a comment 25 that I just would bkethat reoccur andIwouldexpoct 2-' MS HAOOARD But lflwantedtosollthe Page 146 Page 148 I ~t 1 land, I wouldn't be able to sell that seven and a half 3 Relchhart to follow up on a lotler to the commission that 3 COMMISSIONER RISHEL I Ill sorry Ms Holt 4 will make sure w~'ve - understand tho discussion that's 4 was that's fine Thank you, Ms Haggard 6 COMMISSIONER lOWELL I would Just say that 6 to my attention and, although, I thank if you read thc 7 I hack up what Ms Appl~smd I'm cenfused by tho ~ssue 7 :temasawhole, Ithlnklt'sprettyclear~t'stalkmg 8 Anythlug wa could do to halp me out would obvlotlsly kip $ about Comprehensive Plan amendments hecause it goes on to 11 pail of the discussion You're shekmg your head, 11 you could, somebody could read this and think that they 12 Coanmssloner Holt, hke you know I anesed somotlang he~ 12 were going to -- that you were going to thscuss rczomng 13 Conumsstoner Powall, would you repeat what you saM? 13 the property 15 said was Ms Apple's request makes sease to me and I'll 15 that if you decide to allow the et.her penple to talk about 16 bock It up I'm confltsed about how the City would be 16 tha zomug of their property, that you just simply leave 17 after, trying to obtain seven and a half acres I don't 17 ~t at that Let tha~n speak and not deliberate on it 18 know from what purpose or how It's happening And sha s 1 $ because of the way tlus :s worded in this fasbaon Just 19 taken the tmlo to come here at least r, mea since I've been 19 allow tham to spenk but don't dehheeate 20 here 20 COMMISSIONER RISHEL Thank you, Mr 21 COMMISSIONERRISHEL And she's bo;n to the 21 Snyder Ithmkweheveahlstorymtlnsbodythatwe 22 City dimatly and I think thaa~'s a shght 22 have benn open to the pubhc and have appreciated the 23 ansunderstanthng 23 public conuug forth and fenhng hkn they're comfortable 24 COMMISSIONER lOWELL confusion runs and 24 to speak hefore this body, and I would not hke to see 25 meybealotterorsomel'hmEwouldhalpusdrythlsouta 25 thatend I'm sorry ff I had bean a little blt abrupt I PLANNING AND ZONING MEETING ........... ' Page 145 - Page 145 29 CondcnseltTM Pagc 149 Page 151 I would hk~ to -- It's always first most in my unnd that I plecc of property which is now Agncultoral and south of 2 ~ae pubhc havc an opportunity to speak and I'm - thc 2 wbere we hvc Is going to be rczoued to clther Cc~uncrcml 3 ~o~ we can r~tnct ourselves to our comments after thc 3 or Mult~ Fanuly Residential I don't sec it addressed 4 ~pcnkers have all presented and talked to thc ~lsslon 4 specifically in hare but we have not seco a map so we 5 as a whole Individually, that was generally the best tlung $ don't know what portion that area would be included in 6 ~ur us 6 So it may actually be addressed and we just don't knov, it 7 Ms Haggard, I dun't know whether we sull 7 For une ttung we would hke to know wbere we could se~ a 8 ~'mve a question from one of our Counmssloners If you g map specifically of thc intention of the City for zoning 9 could hold on just a second Comnussioner Ke~th, is your 9 that area which is south of where we hvn right now 10 question for Ms Haggard or can I allow her to sit down? 10 COMMISSIONER RISHEL staff would be more 11 COMMISStolq~RK~ITH Yeah Pleasebe Il thanhappy, unythmgmappmgwlse, tod~scuss~twlth"~,ou 12 ~ated I just wanted to -- 12 and tell you how those tlungs fit m for you 13 COMMISSIONER RISHEL MS Haggard, thank 13 ~ WILDER okay Well, we were told that 14 you ve~ much Thank you very much, Ms Haggard, for your 14 it was going to bn Multl-Fanuly so that means, bas:call~, 15 J.m~sentat~on Thankyou 15 apartments Tbere are gomg to be two outlcts to tbe 16 MS HAOOARD Allnght Thankyou 16 development One of thern woold be gomg to BOnnle Bran ! 7 COMMISSIONF~R RISHEL Comlmssloaer Kelth ] 7 The other onn would be going to Windsor Thc one gmng to 18 COMMISSIONER KEtTH YeS I JUSt want to 18 Windsor would be coming right through our development 19 say I support Ms Apple's su~ggestloo and I'm glad she lund 19 which is slnglc-faunly homes 20 of stepped in and did It because that was thc words I was 20 Many people have small chttdmn ~ ou're 21 $omg to put it IjolnMr Powellundothcr 21 openmg lt up to apartments, a lot of traffic They're 22 Comnussloners that the City work with you. that a staff 22 going to be coming right down our strent I know my k~ds, 23 ~embm- g~ve you 110 percent attention and help you to 23 personally, they play in the driveway, play basketball 24 :~esolve th~s, and that we do receive a letter mthvidually 24 Ball rolls out m the street Tl~s ~s a real issue a 25 as a Comuussioo as to what tbe natur~ of your situation 25 safety ~ssun Page 150 Page 152 I as Oka)? Thank you very much 1 If you're going to have a lot of folks 2 COMMISSIONER RISHEL once again, !hava 2 living in an lsolated area, which doesn't seem to make a 3 .~sked Mr Rc~¢hhart to copy you back on that so ! hope 3 lot of sense with my understanthng of the Developmental 4 rha~ we havn summarized that Thank you Ms Haggard 4 Code, basically, this area Is going to be bounded on one 5 Cooumsstoners, any further queSuons? Once again, I have 5 side by a Cathoh¢ school, on our side, thc north side by 6 several cards Let mc go back through and I'll start from 6 residential, and kind of on the enstern side by a.~o 7 'wberc I left off, I behave, of pcopla that ought want to 7 residential And yet you*re going to have one hula 8 spenkrc~mgItcroNo 10 un our Agenda Istherca 8 apartmcntcomplexnghtmthcunddlcof Itdcesn'tseern 9 Lesbe Wxlder he~, a Lcsbe Wdder? And would Ms Wdder 9 to make much sense and ~t doesn't scan to mak~ much ~ense 10 tlkc to speak? 10 with h~stoncally what we understand thc Developmental 11 MSW[LDER t,m golng to ask that my 11 Codc to be hascd on Sothat'ssomcth,ngelsewcjust 12 ihushandspenksmaebewasablctomakc~t frem our church 12 dun'tunderstand Wcjustwantedtoknowwh~, wouldth~s 13 :menung 13 section be rexoned th~s way Why wouldn't it be rezoned 14 COMMISSIONER iUSH~C. ?hat would be -~ we'd 14 to Single Fanuly resulenccs which makes a lot more sense 15 love to hear hun 1 $ The other outlet, from what I understand, 16 MS WtCO~ HIS name is James Wdder 16 would be going right -- would be sharing thc reed of thc 17 MR WILDER ! II be huncSt wth you I'm 17 Cathohc school that's gmng up next to us, wl~ch would 18 a httlc bit confused about th~s Developmental Code versus 18 also scan to present some type of safety issue You wou~d 19 1be amendments to whatever We mc interested m a 19 have, you know, dunng those tunes of day when school ~s 20 specific piece of prop~"ty 20 b~ng 1ct m and let out, you'd have lots of kads around 21 COMMISSIONER RISHEL Mr Wilder, excuse 21 and parents picking up k~ds, and yet you've got h~gh 22 mc, would you give mc your name and add.ss 22 volume traffic simply because you've put town homes and an 23 MR WILDER My name is James Wilder and I 23 apartment complex right there 24 bye at 2328 Southway Dove We had rec~ved word froro a 24 And, also, our nmghborbeod is a ue~ 25 ne~ghber of ours from a mentmg abeut a roonth ago that a 25 n~ghberhood Tbe penple who are moving m there are tbe PLANNING, AND ZONING MEETING - - - Page 149 - Page 152 3O CondenseItTM Page 153 Page 155 I typo of folks that personally I think Deoton is probably 1 avatlablo to us And I hope that -- I know that I 2 trying to attract Work down either m Dallas, north 2 apprcctatc it 3 Dallasaraa You put up an apartm~t complex next to it, 3 COMMISSIONER APPLE That'sunpmssiv¢ 4 you man. barely take this n:sidenual complex which is 4 Since last mght9 5 n~v, has some rather moo homos, and you devalue ~ And 5 COMMISSIONER R1SHEL Mr Wilder, I think 6 you definitely don't make it an area that people are going 6 wc may have a couple of more quc~aous Ms Apple 7 to be wanting to move rote 7 COMMISSIONER APPLE I was J~lst going to -- 8 I tlnnk that's basically the reasons we 8 COMMISSIONER RISHEL Thank you Mr 9 don't hko it Tho safety issue for the kads doesn't anem 9 Wilder, thank you very much Once aguin, I have several 10 to make much sense vath the Developmental Cede that we've 10 cards Is Mr Wolsla, was he able to come back mto this 11 undcrst~:xl And tbe fact that it's obviously gomg to 11 meeting9 Mr Wolsla9 Mr Calvcrt. wouldyou-- since 12 dave down tha pace of the neighborhood, a new 12 we've already offended you, would you still care to speak 13 uelghborhood which is still not full and which is still 13 to 14 trying to attract peopla So that's all I have to say 14 MR CALVERT well, you didn't throw me out 15 COMMtSSlO'~'r~RlUSH~L Thank you, Mr 15 yet 16 Wilder One of our Conumssmn~rs was concerned that we 16 COMMISSIONER RISHEL I appreciate ~t I 17 had - to make sure we had someone in tho staff that was 17 t~ not to do that 18 talang notes for us And, of course, we have a 18 MR CALVERT l'll make It ~lort and sweet 19 professional renorder that takes notes aH the umo fc~ 19 COMMISSIONER RiSHEL 1 have to !ack legal 20 us We know those are recorded very specifically Mr 20 staff m thc shins and tt's hard for mc to reach lam with 21 Pownll, d~d you want to make a oomment? 21 my bad log 22 Ma. POWELL I m not SUm d' you want th~s 29 MR CALVERT I Just had lust a brief deal 23 mfurmauon but this is the prope~y a~a, g~anral mca in 23 I didn't want to take a whole lot of your tune A lot of 24 question This is from last night, thc reformation that 24 thc downtown area, which my business is included m and 25 wn ~coived last night 25 several around mc, has been zoned L~ght Industrial for Page 154 Page 156 1 COMMISSION'ER RISHEL would yell pash that I several, many years 2 up on the docu-cam? 2 Under that option, thc landowners in that 3 Mit POWEL~ part of the d~scussion also, 3 anna had over 200 things that they could do vath that 4 tha~ was a devolopmeat apphcation for this property 4 land I counted th~m today on the n~ Dca which takes in 5 This is where tho Immaculate School Is being built 5 all that, and I've got 30 That sur~ is a long way down 6 There's a development apphaation that has not been made 6 I know that I was supposed to be yeah, right there 7 but an applicant did come in and talk to staff and had a 7 And I also have a property on this corn~ nght here 8 neighborhood mentmg So the discussion of streets, 8 I've got four lots, one in the m~ddla and two on each 9 access points, specifics, that's why you haven't sce~ that 9 COMMiSStO~'~ PaSHEL And we're at Bell and 10 plan A devehiper has como m and talked to staff, hada I0 where? Whatstrent? 11 n~ghborhood mcOang, but has yet to make a formal 11 Mrl CALV~'~T mght her~ is where Bell 12 apphcat~on So there's semeono out thera working ~hat 12 Avenue Self Storag~ is Right ha~ I have a comer lot 13 property but you have not seen it, nor have we officially 13 I know that thaso -- they have two vacant lots on each 14 COMMISSIONF. R RISHEL Mi' Powell, yOU and I 14 side I believe that ~t's actually two on OhO and one on 15 know that smce oar m~tmg last mght, thatev~'ythmg 15 the other one Excusome Ihavoacough That'saloog 16 that was Of discussioo has alrendy b~n mapped out and Mr 16 way down from what it was And everybody m tbe whale 17 Powell's team of people, crack team of peoplo I nught add 17 area, not just me it's a lot of them, there's a lot of 18 havo put all those together in a note in formamng 18 old ragged houses, I'm sure a lot of peoplo eventually 19 already, and so that has already been laid out for us and 19 would want to do something v, qth This lmuts it awfully, ~0 all thoso things have ~ put into semo sort of orderly 20 awfully much to what it is now to what y'all have proposed ~1 fashion So everyone that spoke last night has already 21 for it to bo 22 been land of tracked out as to what ~ conc.~ns and 22 If this Code is going to go through, I 23 specific que-stions w~'e So I just weoted to mako )ou 23 woald hko to sec that they opca up tha oco to g~vo peoplo 24 aware of ,that and I appreciat~ the effort that your stuff 24 in that mca mom options w~ch what they ve got and what 25 has donolui very short uetien m txlang to havo someitung 25 they woald hke to do with it Now, I mahze that m the PLANNIN(} AND ZONING MEETING ' Page 153 - Page 156 31 CondonaeItTM Page 157 Page 15o I mduslnal Code, that's a lot of undesirable things m I subJeCt 2 therc~undlcansenyourpomt But I'd hko for you to 2 M~CnLVE~.T okay 3 see our pomt, the people m the anm, too Themtsalot 3 COMMISSiONERPOWI~LL. x~hatwouldtnck 4 of tlungs that I wouldn't want to see m that area that 4 what would turn the new zonmg - what would cause Mr 5 are m thavCode But I'd hke to g~ve you -- lake for 5 Culvert's land to go mto the new zoning that would 6 you to g~ve us some coustderanon on our propef~y and what 6 ehm~nate 80 uses or however many uses you smd? Tlus ~s 7 we can do vnth it m the fulme 7 to staff, sa' You don't have to wmt time anymore I 8 I know that the bmldmg on tho comer, the 8 nend to know so that I can vote on tbs and on Ite~ 12 9 young man opera~e~ a mechem¢ shop and he does some are 9 and on any other flems that's got to do voth th~s barrel 10 business there, and I anderstand that m the future ff ho 10 of snakes called Development Plan x~hatever ~t ~s It s 11 was to move out, I could get a special use peraut But 11 confusing to me, too 1:2 than I would have ~o 8et a specml use pemut ~very to'ne I 12 What would be the tl:ung that would make ~t 13 wanted to rent it if a was for somebody else or somebody 13 go from lus grandfatheaod s~taat~on mm tlus new zoning? 14 domgahtllebttd~ereattlung I'd hke for some 14 Would~tbeanewoxvner? Would ~t he a new tenant* What 15 cons~deratiea on that and I think I'd hk~ for some 15 would happen to make ~t go over* 16 consideration for the other people m the area, too, not 16 ~xm rowEcc I m not sure I understaod your 17 just m> self I nouced you gasea lot of consideration to 17 questmn 18 the people that had some lndustnul prolmrty tl~s evemng 1 g COMMI~IONER POWELL XS ell, right now ff he 19 I'm stue they apprecmtod ~t And I'd hke a httle 19 wanted to sell ~t and ff the buyer (hdn i know what was 20 consideration and the rest of tl~ people m the area, too 20 coming down the road, he could sell ~t as L~ght 21 Thank you very much 21 Indusmal And I don't remember the number, let's say 22 COMMISSIONER RISHEL Thank you, Mr 22 100 uses just for numbers, and when we change the zoning 23 Calvert 23 ff we do, to this new plan, ~t will has e and I'm just 24 COMMI~IONERPOWELL thaveaquest~onfor 24 agamnumhers, 30uses So that meaas the property ~s 25 Mr Calvert 25 whole lot te~s valuable a year from now than ~t Is today Page 158 Page 160 I MR CALVERT Yes, sir 1 ff he doasn't have the number of uses for tt and he wants 2 COMMIK~IONER POWELL If I may, Mr 2 to sell it 3 Chamuan 3 Now, we were told last mght that he d~dn't 4 COMMISSIONER RISHEL Ivlr Powell 4 have to worry because it was grandfathered And I 5 COMM~SIO'VER POWELL Thank you Mr 5 understand that He doesn't have to worry But suppose 6 Calvert, how long. have you owned that hght industrial 6 he wants to retire and move to Boca Raton, Florida and he 7 land'~ Approximately 7 wants to sell it, or wherever he ought want to move, but 8 MR, CALVERT My father and myself, about 8 he just wants to sell the land, no~ what ts it zoned and 9 85 years 9 does tho grandfathermg still hold`) l0 COMIVlISSIONER POWELL Okay A good portion 10 MR POWELL Yes And Ws not 11 of that t~me it's been zoned Light Industrial? 11 grandfathenng If you remember from last ntght, I didn't 12 MR CALVERT l~easly all of it 12 usetheterm Them'saprovlslonmthaCode It's 13 COMIvIISSIONER I~OWELL And you've been 13 called a special exception and flus special exception was 14 paying taxes on it as though it was zoned Light 14 crafted for existing businesses and land uses and 15 Industrial? 15 structures 16 MR CALVERT Oh, yeah It's a bunch 16 The adoption cfa new Code, a new set of 17 COMMISSION~ER POWELL I'm sure Last night 17 rules is obviously going to not fit well to the exlsttng 18 we heard discussed that you didn't have to worry about 18 built environment And because of that, we ha~e 19 tlus because you were grand.fathered, correct? 19 structured the Code that upon adoption, any legal extsttng 20 MR, CALVERT I m extremely worried about 20 use or building is granted the prov~sion of special 21 it 21 exception 22 COMMISSIONER POWELL I understand that ! 22 'vVhat does that mean'~ It means that that 23 have a quastaon now of staff 'Thankyou Idon'tttunkI 23 use can stay there He can sell tt That use runs voth 24 need to hold you up here any more But singe you brought 24 the land Okay? Now, the zoning -- and I do think you 25 flus subject up, I'm going to question staff on flus 25 have two questions Okay~ PLANNINOIAND ZONING MEETINO I Page 157 - Page 160 32 Page 161 ?age 163 COMMISSIONER POWELL Okay I some vacant lots that have pomaual f~r 2 MR POWELL Thc other ~s a~ we changing 2 ~kct and ~f I'm -- I m J~t ~ s~: ~e 3 hs~mng? y~,~'~c~ngh~s~mng We'~ 3 s~at~on ~d~nm~mo~'s~t~ 4 c~ng Ma ~mng from L~t ~dus~al ~ a &ff~t 4 ~s n~ ~aBcaHy, 5 zomng ca~, one ~t ~fl~ ~ ~mp~stve Phn 5 ~ POWELL T~ n~ of 6 F~, ~e ~asuo of Lt~t ~duamal ~s one ~t ts 6 COMMI~IO~ ~L · ~ ~t' 7 tuque W O~ c~t ~nmg Code ~e ~mng ~e :s 7 I'm ~ng at 8 p~ much ~d~aL co~cml Lt~t md~l ~ 8 ~muca~y ~d m my open, f~ ~m's w~ 9 you can do a~ost an~ng It'sac~ulative~n¢ ~d 9 ~t~o~uc~al~of~p~m~eaLh 10 ~ way ~nmg C~ us~ ~ bo ~n Is you s~ out 10 And so ~ have ~ so~ f~ ~ · ~ pa~ 11 ~ a~cM~al, you go m ~lden~al, you go ~ h~t 11 We ~ve ~en ~e vdue of ~ pr~ m~ I ~ z mow 12 c~cml, ~W co~cml, mdus~al ~ you got ~ 12 by w~t ~m~ bm a ~uc ~ 13 ~ mdus~al, you co~d do ~ng abow fl ~d 13 o's j~t o~t o's wo~ a who~ lot ~s 14 ~t's what ~ C:W of ~n~n's Code was on~n~Y 14 15 ~ ~at's why ap~onts us~ ~ be able w ~ m 15 16 L~t ~d~mal 16 ~t 17 So, ~, ~ is a h~ n~b~ ofus~ m 17 ~ POWELL xx¢ll md I m n~ 18 o~c~ntCode But~at'swhy~oah~t 18 ~a~I'mnot~w~ ought 19 mdus~al uso ~ bdo~ ~s body and C~ ~c~l for 19 wouM ca~e a loss m val~ 20 ~mng, and a hap~ at ~ v~ Mst one, ~ 20 ~e ~t and ~t ~s ~ = face b) 21 apphcant $a~d, ~, I'~ s~ s~mg us~ ~at 21 pro~ w uses ~at ~ ~< ~ ~s~ 22 ca~o~ Is so broad ~t fl ~y d~ not fit It ~s 22 ac~y ~m I m~ ff you ~ 23 tobecra~ Is~onod~smcO Y~h, buttt'saB 23 d~lt~alotofmomngs o~~vu 24 con&aon~ ~ you l~k m o~ ~nlng ~p, a~ ~ L~t 24 ~ w~ som~ne ~s ~e~ pr~ 25 ~dus~ala, Lie, ~a~e so~n~ wh~ ~t was ~n~, 2~ want ~ ~ ~t for a ~;d~ ~ you w~ o ~ at f~ Page 162 ?~e 164 ~t t~O~ ~d smd m ~s pla~ L~t Ind~al ~H offi~ ~d ev~ t~e ~ -:~e ~t c~ 2 let you do ap~ and w~ll let you do ~etal, b~ 2 m come back ~fo~ ~s B~. go m C~ Co,,~ S by 3 ~e w~'t let you do so~ mdusmal o~ pla~s 3 c~tmg amnmg sc~e ~l ~oax a ~ ~ use~ ~t 4 So ~at's a problm w~th ~e c~t C~e 4 can ~ ~ ~at ~'~ ae~y n~ *~ a~ ~x~ng 5 So, ye~, m ~s c~ m L~t Ind~mal, ~t's ~ ~e 5 of vaMe of ~e pro~, but y u co~d 6 ~stnct w~ going from Lx~t Indusm~ to ~y of ~e 6 e~ancing :t 7 ~smcts m ~e new Co~, p~ple's, the new ~s ~e 7 COMMI~IO~ RI~L X~ 8 going ~ ~ ~me~ mo~ t~n what ~ have now 8 for yo~ c~nficat~on I don'~ w~t m 9 COMMISSIONER POWELL I ~ess let me ~nd 9 deh~uon but I appmmm ~ Po~ 10 of hone m on my quesaon ~t's ~s~e ~t he ~lls tt 10 ~e q~aon Co~s~on~ ~ 11 ~d ~e now o~, or ~'s about to ~ll ~t ~d ~ new 11 COMMI~O~ ~ T~nk 12 o~er ~ to u~ one of ~o~ ~s that ts no long~ 12 PoweB ~ Powe~ come o= back ~ 13 ~Red I'm assmmg he can't do ~aK ~tv %e 13 mMM~O~ ms~ S~ Pm~ 14 new o~er ~nnot? 14 you ~ve a qu~tmn from ~tss~n~ 15 MR POWELL That's co.eot 15 ~MMI~IO~ ~ PO~ 16 COMMISSIONER POWELL ~O ~ ~e pro~ 16 ~tmg last m~t, o~ of ~ ~ o~ ~ c~ 17 ~t he's ~ ~1 ~e~ ~s and paid ~es ~ h~ lost 17 and ~oke, he ~nd~ om a hmaouC Die zou ~e a ~nce 18 c~stdmble v~ue oyster? 18 ~ ~d ~s~ ~s ~as a ~ ~ gov~ 19 MK POWELL woll, the rexes he's prod zs 19 Oleo H~ v~sus Sheffield ~ 20 b~d on ~e u~ of ~e prope~y, not the ~g of the 20 s~on down m Wacom w~h a ~ws~ ~ ~o~ m 21 pro~ 21 wh;ch ~ hab~b~ ~ ~ndo~ for ~ 22 COMMISSIONER POWELL I app~late ~t 22 a dex~lopment M o~ word~ ~ ~==~ ~s ~ of ~3 MR POWELL solf~sfor~l 23 Mspm~and~t~don~s ,~ueof~ 24 %~ho~s, it wtll ~ntmue to be for ~m ~hou~s 24 d~d }ou ~d ~t? 25 COMMISSIONER POWELL Y~, but he o~s 25 Ma POWELL hO, b~ I'm faro, PLATO A~ ZO~G ~E~O ' ...... ' P~e 1~1 - ?age 16~' 33 CondonsoItTM Page 165 Page 167 I case I whether I got that in properly or not for our nunutea 2 COMMISSIONER RISHEL Mr Pow~I1, would yon 2 Once again, Mr WolsPo, Ms Kenly, did you 3 be more comfortable If we finished the pubhc henrmg and 3 want to speak further? D:d we cut you off somewhere? 4 then brought this back for dlscn~slon? 4 Please Anyone else after Ms Kealy that would like to 5 COMMISSIONER KEITH well, I think th~s 5 speak that has not already spoken regarding Item No 10, 6 would be an uppropnato tune hacause Mr Power - 6 and I'll put you on nut:ce Once: again, Ms Kealy, if 7 Comnusslon~r Powell brought up the topic of dovalunuea of 7 you'd g~ve us your name and address You have five 8 value of land as a result of decressIng usage, and I 8 m~nutes and a buzzer will sound at four 9 wanted to bnng this m and dovt~tafl w~th Ins presentation 9 MS KEAL¥ okay My name ~s Betty Kealy 10 and input Have you had a chance to go through tins? 10 I reside at 5213 Geahc Court, Denton, Texas, 76208 11 MI~ POWELL NO, but I'm famthar with that 11 Thank you agein this ~vening for the opportumty to come 12 case Iwdltollyunthattbere'salotofpenplewho 12 beforeyou Ms Holt, thank you for clanf3qng Thoseof 13 think that that case ~s 13 us who don't do tlns as a hying may interpret your 14 COMMISSIONERRISHEL Mr Snydecwouldhke I4 notices to say what I'm hero to speak to you tomght 15 to interJeCt here 15 about, again, ar~ the two empty lots at the entrance of 16 MR. POWELL I WaS going to say Ed is tl~ 16 oar subdivis~on 17 only lawygr 17 Myself, as well as many of my neighbors, 18 IVlR. SNYDER. t tlunk tt would be 18 came before you folks back ~n June and July You have the 19 lnapprupnato to ask Mr Powell legal quesaons r~garding_ 19 pass outs there Bottom line, m those meetings, all of 20 a Court case I also want to point out that, as I staled 20 you dea~ded that you were going to deny the rezunmg of 21 earher, th~s item is really, as a whole, about tho 21 the two lots to allow duplexes and multa-fanuly With 22 Comprebens~ve Plan amendments And the C0mm~sslon deald~[ 22 your new zoning that's about to take place - which by 23 to go ahead and allow penpl~ to speak on this item vath 23 the way, was veq thfficult to find mfonnation on what it 24 regard to their zoning but we '~ouldn't got involved m 24 is today, what it ~s going to be tomorrow, when all this 25 dchbetataons 25 is going to take effect Again, I have a ragular job and Page 166 Page 168 I I would make a saggostton that, s~nce we do I you almost have to take a vacation to figure out some of 2 hax e an item on this Agenda tomght deahng with the Co~ 2 th~s stuff here so we can follow you folks 3 deahng vath thc Development Code which is Item 12, it 3 But, again, bottom hnc, with this new 4 would be mor~ appropriate to have those questions m th_ 4 proposal it is going to become an NRMU which would allow 5 dialogue at that timn I just don t want us to get so far 5 duplexes and mulu-famdy, along ,,'nth many othur ttangs 6 afield from what this Item No 10 is posted for that we 6 What I don't understand is that we came before you folks 7 have an Open Mentangs problem 7 on, I believe, it was three occasions You have the 8 I agxxx~d vath Comunssiener Holt that, 8 lustory thare You voted this down and they're going -- 9 beaause of the language m Item 10, becanse llg word 9 in tlas new zoning, they're going to chungo all of th~s 10 "rezunmg" was in there, that it might be apprepnato to 10 and them ~s not a Ne, MU anywhere in our area We don't I 1 hston to pqtoplc make comments But somctmxes when .~u 11 have it down here off to thc right or to the loft We 12 ask questa0ns, thc questions become broader than just 12 lmvc a school across tho six.et 13 quent~ons and they almost become like dohberet~ous whet 13 My subthvlsion is going to b¢ an NRa And 14 you start offenng opinions and such 14 what I guess I'm really confused on ber~, and to be quita 15 But I would be glad to sit down with you or 15 honest disappomt~i in ov~'ybody is why this is going to 16 any other Conumsslones and d~scuss thc Glen H*~ghts ~ 16 now become somethng we fought so hard for it not to be in 17 I m very fanubar with it I just don't tlnnk that in an 17 tho first plac~ And we're not talking t~ o years ago, 18 open forum Is probably the hast place to do that 18 wo'r~ talking a couple of months ago I just dun't got 19 COMMISSIONER KEITI-I Well, ! think that is 19 it I mean, I don't understand 20 the place, but proceed 20 I've talked to the young man, Mike Cst'ace, 21 COMMISSIONER R[SHEL Thank you, Mr 21 is it9 I talked to Stove Cook Again, I'm not in 11~ 22 Snydes Thank you, Commissioner Keith Just for the 22 pohtical business here but no one can gsve me a straight 23 purpose of our nunutes, Mr Calvert, as ho had bom our 23 answer on why you folks denied somethmg back in July and 24 previous last spenkor before staff was able to sp~k, Mr 24 today you're saying, hay, we re going to do ~t plus we're 25 Calvort'saddresslsll01ThomasStreat Andldon't ~tmow 25 gomg to throw more staff at you You talk about PLANNING AND ZONING MEETING Page 165 - Page 16,~ 34 CondensoltTM Page 169 Page 171 1 devalumg netghborhoods You talk about -- I mean, what 1 What can I do and what can my n~qghberhood do to stop this 2 lsyoar De',elopment Plan for? To get nd of the hodge 2 fromoccurnng thlsrezomng7 Because l thought we had 3 podge You walk -- drive down a street tn Denton, you 3 stopped u but obviously I was completeha wrong wxth 4 don't know what you're gomg to come across And now 4 as new proposal you have coming forth 5 you're resulting us I mean, you know, I guess I just 5 COMMISSIONER msrmL once agmn, let me 6 don't understand 6 make the comment that all of the people that spoke last 7 I am hem tomght trying to find some 7 mght, all of then' comments have been mapped out by staff 8 reasoning belund this You know, I came to your meeting 8 and we have a httle dascusslon on each on~ of those 9 last mght You made a comment, Mr Keith, about 9 things, and each people -- the plecea of tho~o p~ecea of 10 somebody, oh, don't worry, don't worry, nothmg's going to I0 property c~ted and that's part of that hale document 11 change Well, until I got scrambling around hem, I find 11 that you have next to whmc you're at there. 12 that there is going to be something that's changing And 12 MS Ke^LY And I was one of those 13 what's changing is exactly what we tried to stop and we 13 COMMISSIONER RISHEL And so that 14 did stop YOU have a petmon there You have all the 14 daseasSlOn has already been recorded and noted and so I 15 nottces You have our rERsonmg Somebody explarn to me 15 know [hat lt~S golog to b~ dascus~xl ~ by ourselves 16 what ts the logic, what as the sense tn this to throw thas 16 and by City Council 17 proposed NRMU m the front of a small subdivaston with no 17 MS IC~,Ly And there's notlnng else I can 18 Other NRML's around I'm open to your comments I8 do? 19 COMMISSIONER RISHEL I think we have some 19 COMMISS[ONt. R RISHEL [f you'd hke to 20 comments from other Commissaoners I don't know ff that 20 furthcrmcetw~thMr Rmckhart or Mr Powell or any of 21 vail -- I'd stall lake you to refer your -- maybe Mr 21 the other staff members I'm sure the)- would be mom than 22 Retehhart or Mr Powell or one of the other staff members 22 receptive If you'd hke to contact them threctly, thcy'd 23 nught be able to help you directly Comnusstoner Ketth, 23 be happy to s~t down w~th you and try to explain anytlnng 24 do you hax e a question9 24 they possibly could, and what tbe procedures would be 25 COMMISSIONER ~rm Yes, I do Thank you, 25 MS KF~.LY okay Page 170 Page 172 1 Mr Chairman Thank you for appeanng I have a question I COMMISSIONER RISHEL I still have a couple 2 of you Were you aware of the meeUngs as aU of thta was 2 of questions from Comnusstoners, I presume for you, Ms 3 cermng together that the Chamber had* 3 Kealy Commasstoner Mulroy 4 MS KEALY NO, Sn., I was not 4 COMMISSIONER MULROY without getting Into 5 COMMISSIONER r. erm okay Were you aware 5 a very elaborate discussion, just to mheve some of the 6 they were meeting Thursday mommgs at 7 00 o'clock9 6 apparent anxiety, there as not conscience attempt to 7 xts r,.eacv ~o 7 subvert a ruling or a vote that we already took and I 8 COMMISSIONER r.,srru okay Did you mad 8 don't think anybody ts tryang to impose multt-fanuly 9 about a m the newspapers at all? 9 them 10 ~ts ~t~ALY what I read about -- now, keep 10 My question of staff wall be later, how do 11 mnund, I have a job besldes bemg at home ham 11 we pmvent that fromthem Thedestgnatlon, the'~RMU I 12 COMMIssIONER gErru YeS, ma'am So do I 12 beheve the logac, I'm sunmsmg the logic m those two 13 Ms K~.L¥ Right And l know we all do 13 lots, smcetheywerefacmgMcKmney, that they would be 14 Yes, I se~n a httle llung la the paper and I received 14 better used as some type of hght commercial And tf I 15 this m tbe mall 15 remember right m our pubhc hearing, some of the 16 COMMISSIONER ~rr~ when dad you receive 16 neighborhood folks did say that's what they thought was 17 that in the mad7 I mean, what was your nm©hee~ 17 gomg to happen and they wouldn't mind that because tt 18 ~ts K~u¥ oh, vain the last week to 18 would be clean and neat 19 week and a half, two weeks maybe It wasn't that long 19 MS KEALY Right Exactly But, again, ~0 ago 20 you're opening -- you've got all these other thmgs that !21 coMMISSIONER Kerrl-I Thank you 21 you could put tn them 22 coMMISSIONER RISHEL Commlsslone~, any 22 COMMISSIONER MULROY Right So I ttunk 23 otber queStions of Ms Kealy? Thank )ou very much, Ms 23 with a broad brush, that was pmnted NRMU I just assure 24 Kealy 24 you there's no conscience effort to subvert the vote that 25 MS K~.L¥ May I ask one other queshan? 25 we took and what we forwarded So we vail get vath staff PLANNING AND ZONING MEETING" ...... Page 169 - Page 172 35 Cond~ns~ItTM Page 173 Page 175 I and sec :f we can somehow lmut that NRMU to follow the I that am left out, we 11 come back to them Individually 2 sprat of what we've already voted on 2 COM~aSs[ONERRISHEL candF soallof 3 MS KEALY I do appreciate that 3 the lteans except for C and F 4 COMMISSIOYER RISHEt. Don*t stop followmg 4 COMmiSSIONER MULROY NO, C and D And F 5 up 5 we just emended the language 6 MS KEALY I won't 6 CONLVassIONF~I RISHEL EXCUSe me Yes 7 COMMISSIONER RISHEL Thank you, Ms Kealy 7 Okay I'm sorry 10 pubhc heanng Anyone else that would hke th speck 10 then when we f'ansh that, we'll go back to the two l~ns 11 regarchng Item No 10 on our Agenda that hasn't spoken9 11 that they left out I vote approval I mean I make a 12 Anyone else that wceld lrke to speak on Item 10 on our 1:2 monon to approve 13 Agenda9 13 COMMISSIONERPOWELL Mr Chairman, I'll 14 Seeing no one else who would hke to speak, 14 second a motion to apprm'e everything but C and D w~th the 15 I will close the publ:c heanng And, Commtssloners, we ! 5 changes that Mr Remhhart has agreed to on Item F 16 have a recommenda~on to City Council to make Is them 16 COMMISSIONER MULROY IS that your motion? 17 further discussion or a motion9 Don't all speak up at 17 COW. MiSSIONER ~OWELL iS that what you 18 once Comnuss~oner Mulroy 18 meant, sir? 19 COMMISSIONER IvIULROY Yes Are we wanting 19 COMMISSIONE$, MULROy Yes Thank you, 20 to move through the.as one at a time and vote on them, MA' 20 Comllus$1oner Po'veil 21 Chalrmml, or do you want a motion for the whole lot9 21 COXLMISSIONER PdSHEL And your 22 COMMISSIONER RISEEL I think other than 22 clanficauon9 Do you went to clarify? Okay 23 Item No F, I don't haow ~f there's anything -- C You 23 Cormmssloners any further -- excuse me, Comnussloner Roy 24 might ha~ e a couple of things mdtvldually that you want 24 CO%4MISSIONER ROY I wonder how many mom 25 to address, but other than that, I think it's a body 25 cases are out there hke we just heard from, I think, Ms Page 174 Page 176 I Unless there's further discussion, I think we have faLrly I Kealy and what is thc anphcatlon of that? Let's say that 2 well discussed it aha understand the issues of at least 2 somebody else &scovers, after we've made these changes 3 regarding these things, A through K 3 that we have put NP. MU on a situation where we had 4 COMMISSIONER MULROY well, let me clear 4 previously said no? What happens? 5 out what I think we'.e going to agree on and then we can 5 Ma REmmlART MS Kealy's example Isn't 6 come back and be additive on the one that was left out 6 really a comprehensive change It is a zoning change ? And I'm going to make a motion that we approve tt as 7 Currently, that property is zoned Commercial and that's 8 presented and recommended by staff with the amended 8 why it got the 1~-1o~ tn order to take it down, ~t would 9 notation, that on Itc= F, we're going to carve out the 9 be a downzenmg to do that. and that's why It's identified 10 propertle$ for United Copper, Safety-Kleen, and the box 10 as it is But that is not a Comprehensive Plan change and 11 plant, those tracks, Md keep them the heavy industrial 11 that -- what we're doing tonight d~sn't would not 12 And then I move -- make a motion we do that and than I 12 affect that We d have to take It -- I mean, it's m a 13 will come back for I~ one that we had a quastton en 13 neighborhood classlficatmn as it Is and that is the most 14 COMMISSIONERRISHEL what do we havc a 14 protectavc you could get You'd have to tako the 15 question on9 15 Commercial zoning away from tt and take it down to an NRa 16 COMMISSION'ER MULROY C 16 or 4 category and make it straight resldconal, is how you 17 COMMISSIONER RISHEL Let's address C and 17 take care of something hke that 18 -~ are you gotng to pat this In the form of a motion9 18 COMMISSIONER RISHEL commissioner Roy, is 19 COMMISSIONER MULROY I move that we 19 there still a -- ~,ou have tl~ floor ~0 approve A, B, E, F with the amended language, G, I, J, and 20 COXmISSIONEa ROY i m still not -- I heard 21 K 21 what you said but I'm sUll t~lng to reahze what we 22 COMMISSIONER HOLT what about D9 22 would do, how could we react if we discovered that I 23 COMMISSIONER RISHEL There wasn't any 23 reahze you can't go back and look at all the P&Z's 24 change on D so is tt~ part of your motion, also') 24 decisions in thc last X years and make sure tlus is all 25 COMMISSIONER MULROY NO I want the two 25 consistent vath it PLANNING AND ZONING M~ETING Page 173 -Page 176 36 CondcnscltTM Page 177 Page 179 I I COMMISSIONER RISHEL ! ~ ~[ ~ I had prop~ ~at she ~t lose ~ ~ 2 Po~ wo~d ~c ~ cl~ 2 cnv~cn~l s~s~t~vc ~s We have ~s lady ov~ 3 COMMI~[O~ROY PI~se ~ h~. ~ 4 ~ ~LL WeH, I wo~d ncv~ s~nd up 4 I just ~ ~s as wc'~ opcmn~ up a can 5 h~ ~f~ you and say ~t ~ propos~ ~nmg ~p ~s 5 of w~s ~mg ~ p~gna~ ~e a~s as m what we 6 100 ~t c~t But ~ ~v~ l~k~ a~ ~ as stuff 6 ~ ~'~ going to ~ome, as I made a pom~ ~ -- 7 ~ ~clop~nt ~de ~ ~s ~k~ at ~t P~nnmg 7 an ~ or a point w~ ~ ~c~c~ I wasn't ~ng 8 and Zo~ ~ss~on ~s look~ at ~t C~ ~c~l has 8 ~ bc ~cnmu~e Jus~ ~mg ~ m~e a point ~at 9 1~ al tt ~d las~ n~ ~ got a lot mo~ of ~oso 9 most ~plc don'~ ~ow what ~'~ ~omg m be doing 10 p~ ~t ~w md~v~d~l ~u~ts I wo~d hope ~at 10 ~m~ow m~t and wc don't know how lands ~ going ~ ~ 11 bc~nowand~mc~t~t'sac~upon,~at~ 11 us~ ~'sgo~ns~chan~ Tosctupamas~ 12 - ~ ~lc come fo~ard and 8~vc ~osc ~ s~ff, ~at 12 plan ~ such un~ ~s ~s just going ~ c~ mo~ 1 ~ wc can b~n~ ~osc fo~ 13 probes down ~ road And I'm just going ~ ~co~a~ 14 W~ ~ adop~on of ~ ~d~, as w~ any 14 -- I m Being to vo~ against a I don't ~mk ~t*s any 1~ zo~ map, ~t can ~ chan~ It can be c~n~ by an 15 s~ ~ anyb~y But I would ~comge my co~ 16 acucn of ~ pro~ o~ ~ ~u~t a ~ne c~n~ It 16 ~ ~ s~ously ~nk ~ about ~c 17 co~ ~ e~n~ by ~ C~ Co.cd ms~c~n~ s~ff to 17 ~e~cndauons and go accordingly ~ank you 18 ~ fo~d a zone cha~ ~u~t And ~ w~H be 18 COM~O~ ms~u 7ha~ you 19 ms~c~, Ym s~ m ~e fu~ ~t such ~nss 19 Co~ss~on~ ~ Co~ss~on~ App~ ~0 hap~ 20 COMMI~IO~ ~PLE 1 suppo~ ~e moUon ~1 ~ S~D~ In c~ficat~on, ~S me.on 21 as ~c I'm JUS~ stdl hawng a h~c b~t of ~uble ~2 ~a~ ~ on ~ ruble n~t now ~s not ~anc ~ ~at 22 w~ K Wc ~y &dn't d~scuss ~t ~d a~ 23 p~c~ ~ssu~ It d~sn't aff~l ~at ~ssuc one way or 23 o~ ~ sp~fic a~s ~at we have d~scuss~ 24 ~c o~ 24 p~o~ly and ~'~ a~s ~t a~ ~dcnufi~ as one 2~ ~ POWELL NO, 8~ 25 d~t~on chan~n~ to ano~ d~gna~on ~d ~ K Page 178 Page 180 I ~S~D~ okay I ~s Just ~nd of ~own ~n ~ as adopting a zoning map 3 cl~cau0n, I was ~nd of pl~sanfly s~ns~ ~ausc 3 ~MMI~IO~ APPLE [ m loo~ng at you 4 we ~d about 60 sp~k~s ~st m~t and s~al sp~k~s 4 COMMI~IO~ R~SH~L [ want you ~ l~k at ~ on ~ ~ s~fic p~e of pro~ ~d I ~mk by 5 stuff ov~ h~ 6 ~ ~e ~ l~k~ at ~t and brokc a ~ do~, ~ was 6 COMM~O~ ~Pc~ I m l~kmg at you 7 onl5 1 ~ ~ 18 pl~ of pro~ ~t ~ actually 7 COM~iom ~s~nu I m going ~ ad~s 8 eo~ out of ~ ~ s~ ~ had So I was 8 ~s ~ ~ 10 ~ ~o~ It do~ and saw ~e ISSUES ~at ~la~ ~ 10 from ~ ~ps, you n~ a~ost a diff~nt p~p~vc 11 s~c ~t ~ R~c~a~ I 1 ~at - ~at gold color ~s a Do~ DlsmCt If you go 12 Ohy We haw a mouon on ~ fl~r ~e 12 do~ Duncan - 13 mo~n ~s by - ~cuso mo ~'s a sp~7 I'm so~ 13 ~M~IO~ APPLE I m m~ng about K 14 D~d you ~nt ~ s~? We ~ve s~al ~ss~on~s ~at t 4 COM~IO~ RISHEL It's ~ ETJ a~ 17 COMM[~ON~ ~T~ Thank you, ~ 17 me--rating a ~ zoning map 18 ~ As a cons~uence of yo~ ~us~ ~t ~mnal, 18 ~ PO~V~tC Th~ mid me ~ong 19 I ~ ~ ~pond ~ ~o ~ as a whole ~d I was 19 COM~O~ mSBEL Y~ ~at's okay 20 at ~ m~mg Y~, ~ was som~ng ~ 60 ~plo 20 m~ POXWLL okay Well 21 m ~ ~d as I was lo~ng at ~ ov~b~y ~t had 21 ~m~[O~ ~S~EC a's gemng ~ 22 conc~ about ~ pmp~ was ~ch m&wd~l 22 ~M~IO~ APPL~ And m l~kmg at ~ 23 pr~ ~ ~d con~s about sca~ ~o~out 23 A~c~ent I whch ~s ~s ~ ~nmg mp ~t we would 24 ~C~ On~ ~dy had s~o a~cul~al pro~ ~t 24 be a~ptmg ~f ~just m~ ~s moUon from A ~ K 2~ sk ~s af~d of losing We have ano~ one -- plus she 25 cxcl~g C and D and ~dmg F, I don't ~ow ~at I PLA~G~A~ ZO~G ~E~O .... Page 177 - Page 37 Cond~nscltTM , Page 181 Page 183 I agree with evelyn8 that's on K to just adopt xt as a 1 COMMISSIONER MULROy That $ 2 whole So I will support the matron as tt ts but I would 2 COMMISSIONER RISHEL. 3 hke to remove K from the rmx, too 3 understand the motion? Is them a second9 4 COMMISSIONER RISHEL IS that a friendly 4 COMMISSIONER ~OWELL second 5 motion9 5 C~MMISSIONER MULROY It's ~ alloverl by 6 COMMISSIONER APPLE It'S a friendly 6 Comxmssioner Mulroy and seconded b, Co~', ,-,,ssmner Powell 7 amendment 7 Any further discussion9 I hunk wc all unclermand the 8 COMMISSIONER RISHEL MOtlon from Mr 8 qucstaon Mr R~chhark 9 Mulroy 9 Mil. m~ICHHA~T I han~ a qmck 10 COMMISSIONER MULROY It's accepted 10 clanficaoun though We are going to carve that aaa 11 COMMISSIONER RISHEL Second from Mr 11 out, but what wdl the land use classfficauun tn:7 Am we 12 Powell 12 going to l~a~a it Rural no~ or are we going I~ l~a~e ¢; 13 COMMISSIONER POWELL Yes 13 COMMISSIONER aPPLE. That ,n~s Ix~ morion 14 COMMISSIONER RI~tHEL SO we have a motion 14 COMMISSIONER MULROY It ~nll b~ :rural now 15 for approval of all of the items on the Agenda, A through 15 but the Dema group - 16 K, except for C, D, andK Is that correct? Isthatour 16 Ma aalc~aaar ~o I'mtalkmgabuntt~e 17 motion9 Is that our second9 Okay Thank you Any 17 Dema ama that we've camxt out. 18 further discussion? Seeing none, please vote Mot, on 18 COMMISSIONER'am~Oy okay 19 carries 6-1 19 that we car~c tho Dema a.~a out and tmd~smmd that it's 20 (COMMISSIONER KEITH VOTING IN OPPOSITION) 20 going to be, lis ultimate d~elop~nt 'a-21 be chrecled by 21 That still leaves Items No CandDandK 21 the Dema Small Ama Plan andthatw~keq~- 22 Do I hear a motion? Mr Mulroy 22 COMMISSIONER RISHEL SO ~lat~'%~l- 15 23 COMMISSIONER MULROY Yes OO Item C -- 23 compatible now with what Dema 24 COMMISSIONERRISHEL And if you'd eare to 24 COMMISSIONERMULROy Rl~t Azl~lf)OIl 25 take them on~ at tmle, that's fmc 25 need a land deslgnanon the no,n we'll do n all Rund Page 182 Page 184 1 COMMISSIONFA~ MUtaOY ~tem C, I move that I w,th the understandmg that the Dema PLzm 'aah take its 2 we carve out tl~ ama north of Roselawn that was shown as 2 area and go further wain it 3 part of tho Dema Small Area Plan, which would be 3 MR REICHHART Tllarlk 4 addressed m that plan -- and I hunk that supersedes tbe 4 COMMISSIONER RISHEL I~ the =notion 5 Comp Plan when you have a small area plan, is that 5 understood9 I think It Is I see no que~uns So flus 6 cotwct, Larry? 6 ~s regurchng Item No 10 and Item No C under Item No 7 COMMISSIONER ~USHEL It would have alrmdy 7 10 Any further discussion9 Plea~., vote Mouon 8 been carved out, right 8 carries 6-1 9 COMMISSIONFAI MULROY Right So We nixed to 9 (COMMISSlO\]ER ILEITH X o'r[NG IN OPPOSITION ) 10 carve that out of this map, assign ~t to tho Dema Anm 10 COMMISSIO\3:~R RISHEL That lDI221gs as to 11 Small Plan, and then th~ ann develop, they can do further 11 Item No 1 0 on our Agenda, bullet point No D 12 study on that as the l~ma group 12 COMMISSIONT. R MI'I.ROY Mi' Chalrmurl 13 COMMISSIONEIIRISHEL Thoro'8 nothing wrong 13 COMMISSIO\TeR RISHEL 14 vath leaving ~t them because it alresdy supersedes it 14 COMMISSlOXER ML'LROY YOU re looking at me 15 though 15 I'm not ready to make a matron on D Perhaps another 16 ~ REICHHART It would still need an 16 Comrmsstoner is more fanuhar wnh that part,cular area 17 underlying land use designation whether it's Rural or 17 COMMISSIOKER RISHEL DO I t-t~.nr a motion9 18 Nnighorhood 18 Let's not all speak at once And the sta~s 19 COMMISSIONF.,R Mm.nOV okay But for our 19 recornmendatton on th~ was to leaxe tt as a Neighborhood 20 purpos~ tonight, the reanamder -- carve that out, the 20 Center Conumss~oner Holt 21 remainder, I would mal~ tbe motiun to go to tl~ Rural 21 COMMISSIONER HOLT I make a moB. an that on 22 Area 22 Item D, 10D, we leave thc -- leave ~t as -- nor% the City 23 COMMISSIONER InStilL which la thc anginal 23 wanted to leave tt as a Neighborhood Ce:ater9 24 Planning and Zoning reeommendanon as opposed to tho staff 24 MR REICHHART ,25 recommendation? 25 COMMISSIOKER HOLT Okay PLANNING AND ZONING MEETING Page 181 - Page 184 38 CondcnscltTM Page 185 Page 187 I ' MR REICHHART The ISSUe has always been major underlying ideas ns that as property d~cs get 2 with Andrews and the noise created and pu~ng up 2 annexed, right now w~: just, cart blanche, g~v¢ it an 3 rea~denUal adjacent to them, and that's what facth~ated 3 Agricultural zoning classification and requae the 4 t~us, the proposed land uso Employment Center is 4 property owner to come in and rezone the property to 5 adjacent to them 5 whatever they're aslang for Tlus would g~ve us the 6 COMMISSIONER RlSltEL conumssion~ Apple 6 abdity lo, as we annex prol~rty, g~v¢ it an appropriate 7 COMMISSIOKER APPLE [ tlnak he JUSt 7 zoning classification for do'elopment per that map And 8 answered my question Thank you 8 that map can change 9 COMMISSIONER RISHEL IS thcre aay f~'ther 9 COMMISSION'ER mSHEL MS Apple, you have 10 discussion needed here? We have a motion from Ms Holt 10 the floor 11 Is there a second? 1 ! COMM[SSIO\TaR APPLE That's my precise 12 COMMISSIOI~F~R APPLE Whet was her mot~on? 12 problem with just approving fins or recommending this cart 13 COMMISSIONE~ RISHEL EXCUSe me 13 blanche is because last night 99 percent of the issues 14 Coanmssloner Holt, would you restate your motion? 14 brought before us were mapping issues Tonight, we just 15 COMMISSIONER HOLT okay I make a mo~on 15 addressed a number of mapping issues 16 that we, on l OD, that we change it, we leave it as a 16 I am l~.sl~nt to approve a tool to 17 Neighborhood Center and not change it to Employment 17 ~commend future zoning '~n wc'm not even a map, when 18 Ccn~r 18 ,nc re not even sure that thc map Is going to be what we 19 COMMISSIONER APPLE I Il second 19 want It to be at So I have a problem adopting it as a 20 COMMISSIONER RISHEL It's be~n moved by 20 tool for making other decisions when we haven't even 21 Conumsslon~ Holt and seconded by Coanmssloner Apple Any 21 tidied up these decisions 22 further dlscthsslon, questions? Sealng none, plenso vote 22 COMMISSIO\'ER RISHEL My concern is maybe 23 Motion carnes 6-1 23 that we, some Curmmssloncrs have some specific areas with 24 (COMMISSIONF~. KEITH VOTED IN OPFOSITiON ) 24 regard to thc map that they would rether reclassify in 25 COMMISSIONF~R RISHEL That bnnge us 1o 25 another format Mayhe we could address those and then try Page 186 Page 188 1 ItemNo 10, ItemNo Kunderl0 And tt may be that we 1 to work vath what we havc here and be able to push thls 2 would prefer to further discuss tlus and learn more about 2 on But it's at your discretion, Comlmssloners If 3 tt and continue this to another meeting So ! throw that 3 there's a specific piece of property that you'd hkc to 4 out Commissioner Mulroy 4 look at, we~d be more than happy to discuss that and sca 5 COMMISSIONER MULROY In that spent, we 5 If we can reach consensus on that and perhaps move this 6 may be able to resolve it quickly I had great questions 6 on, or bnng tt back, whatever your yeah ts 7 when we fkst looked at it months ago, and I don't want to 7 MR SNYDER Can I make a comment9 8 put words in Mr Retohhart's mouth, but the looking 8 COMMISSIONER RISHEL Mi' Snyder would hke 9 outward from the City bruits is ~ntended to be very fluid 9 to address us 10 and, more or less, representative of what proportionally 10 MR SI, rYDER And I'm gomg to ask Doug and 11 what might happen m given areas or quadrants, and not 11 Larry to correct me ff I'm wrong This is what they've 12 with the fixation hke we're doing wltlun the City 12 told mn before is that ttu$ is not a zoning map Tlus ts 13 bounda~es, just some general representation So It's 13 really part of the Comprehensive Plan V~aen these 14 meant to be flmd Is that still the understanding'~ 14 properties come Into the City, this is a guide This does 15 COMMISSIONERRISHEL IthmkMs Apple's 15 not mean that they w~ll get that zonmg Ttus means that 16 coneam was is tlus anything representative of anyttung 16 tlus is a guide and it's ju.,,-t a more detmled guide than 17 we've seen previously 17 your typical Comprehensave Plan It's just a more 18 MR REICHHART Yes 18 detailed picture of the Comprebenslvc Plan So -- but 19 COMMISSIONER RISHEL And IS it the sanle 19 your point is well taken, ~f you're not comfortable with 20 tlung exactly we've seen previously 20 it, but it ts -- it's not intended to look tn the future 21 MR REICHHART Yes 21 zoning of the property 22 COMMISSIONER RISHEL she didn't know that 2~2 COMMISSIONER RISHEL conmalssioncr Apple, 23 and I didn't either 23 you still have the floor 24 MR REICHI-IART All that map does is take 24 COMMISSIONER APPLE I hope we're all 25 out anything tn the City that ts zoned And one of thc 25 looking at Attachment 1 because that's what ts referenced PLANNING AND ZONING MEETING D~'~*~uD n '~ant Page 185 - Page 18. 39 CondenseItTM Page 189 Page 19 I And I nottce y'all are looPang at a different nmp And ! ¢~gh~ people last mght out of thc 40 some odd people who 2 Attachment 1 is what -- 2 came b~te us, address one of these vexy areas out at thc 3 COMMISSIONER RISHEL The Aggnda actually 3 HlIl~ of Arl~,l¢ And so I would hate to tlnnk that you're 4 reads Attachment 1 and I don't kaow whether that should 4 using somettung that ~s up m the att at thc ptusent t~me 5 have ~ Attachment 2 or what Mr Retchhart, can you 5 as a tool ~o do somc~ng forward whea we haven't even 6 clarify that? 6 deta'm,ne~ that y~t 7 MR POWELL If I may 7 COMMISSIONER RISHEL YOllr numbgr is Just 8 COMMISSIONER RISHEL ~ Pow~ll, would you 8 about rzL~t on on thc number of poaple that addressed that 9 clarify that? 9 issue ls that sometlung you would I/kc to -- that 10 MR POWELL what you're voting on rs shown 10 specific lmece that you'd perhaps lzke to ehmmate or 11 m Attachment 2 11 rc-fhsctt~9 12 COMMISSIONER APPLE So the backup is 12 CO'aM[SSIONER APPLE Well, I Just think 13 wrong So tt says the map tn Attachment 1 tdentffies the13 I s~euld h~e to, I don't know, continue ~t or walt untd 14 proposed zoning So flus is not the right attachment 14 we have more mformaOon because 1 don't want to 15 MR POWELL If that t$ flle cas~ Idonot 15 appto~¢- 16 have that staff report m front of n:e 16 co~Mrss~o~ER eaS~EC ~ ould you ca~ to 17 COMMISSIONER APPLE That lS the case 17 make a motion9 18 COMMISSIONER RISHEL Thank yeti for your 18 CO~M[SS[O~.R APPLE All right I would 19 clanficatton, Comnusstoner AppIe 19 mo~e thza we conUnue adopting thc fuanc zoning map until 20 MR POWELL MI' Snyder was gems to ask me 20 we have finahzed thc zomng map for the intoner of thc H a questton and I don't flunk he thd, but he's right tn 21 C~r, I tn not sure how to word that 22 thattlustsnotmtendedtolockmanybedy'szenmg It 22 M~.POWELC ~th:nkwhatjou'redomg--I 23 ts, all tt ts ts an attempt to try to take flus Comp Plan 23 would just change thc very last of that sentence, ~s you 24 and change tt rote spectfie zomng categoncs ff a 24 would Like us to bnng this back when the zomng the 25 property -- for example, you've got flus property out to 25 proposed zomng map ~s m ~ts f'mal form Page 190 Page 192 I where 288 rs cormng through The Comp Plan shows that'~ I COMMISSIONER APPLE I just don't see how 2 tnaRegtonulActtvttyCenter We show that the zomng 2 --.vc~ Thankyou I don't see how we could do anythtng 3 would be RCC If that came tn, you would rezone tt based3 dsc 4 on the Comp Plan and loolang at flus, but you're not 4 COMMISSIONER MU~RO¥ Second 5 locked rote tt And all tt rs ts just trying to help us 5 COMMISSIONER POWELL. second 6 And why do thts ts tf we're Dmnm~o sewer 6 COMMISSIONER RISHEL MI' Snyder would hke 7 hnes or other utthtaes out here, we want to know or we 7 to make a comment 8 want to get a sense of the magmtvdc of x~bat could 8 MR. SNYDER Yes Just a clanficatton and 9 potenttally develop there But tt rs no way to be 9 dmtctton to staff Do you want to bnng tt back'~ Do you 10 anything constdered, construed anytlung other than a I0 want to have tt -- have another pubhc heanng on tlus9 11 planmng tool It's not lockang m that zomng 11 COMMISSIONER RISHEL We would etther need 12 COMMISSIONER APPLE okay Well, loolang 12 to open up the pubhc heanng -- let us know tf that's 13 at Attachment 2 makes that soond a whole lot better than 13 what you'd hke to do 14 lookang at Attachment 1 whtch rs wbat tt specified m our 14 MR. REICHHART hot knowing when that 15 backup 15 zoning map ts gems to be m ~ts f'mal form, I'd hate to 16 MR POWELL Attachment 1 ts the Comp Plan, 16 keep contmmng tins to a date certmn And tt would be 17 future land use map 17 just as easy to do -- tf you want to do ~t, we can pick 18 COMMISSIONER APPLE That's right But tn 18 the first date m February and, assurmng that the Code ts 19 our backup, tt says Attachment 1 ts what we're supposed tc 19 adopted by that trine, and bring tt back at that tune 20 look at Okay9 20 COMMISSIONER RISHEL Itts Ms Apple's 21 MR POWEL~ I apologize 21 moUon 22 COIvLMISSlONER APPLE lhat's okay Not a 22 MR. POWELL I think tv*o dates Larry ts 23 problem So now that I'm lookang at Attachment 2, Isttll23 nght, youknow, ff ttus ts adopted on the l Sth, ttwon't 24 have somewhat of a l~ttle problem because one of these 24 be offictal But I flunk that by your first meeting tn 25 spectfic ereas that ~s next to the EIJ we had probably 25 January because they are supposccl to vote on the 15th I~ PLANNING AND ZONING MEE~G !nut',~*,,- -' .... Page 189 - Page 19_ 40 Cond~ns~ItTM Pagc 193 Page 195 I you wanted ~o bnng ~t back thc 9th, wc probably vail know 1 everything else to our next meeting 2 th~finalformofthczomngmap If you want to walt 2 COMMISSIONERRiSHEL Can we get get a 3 umflFebrtm_,'y, that'sf'mc,~oo Tlusisnotsomahlng 3 httle shake of thc heads or a nod? Idon'tknow 4 that is cntical. It really Is a planning tool and we can 4 Neither one of those are public hearing items 5 wait $ MR SNYDER NO 11 IS We'llhavetc 6 coxt~ntsslox'zs ~,i, Pt~. ~ p~a'erencc would bo 6 continue that 7 February jUst in cas8 somcttang happens se that ,~x: would ~ 7 COMMISSIONER RISHEL EXCUS~ g I would 8 not have to reopen It and teconunue it And that would [ 8 need to continue that 9 8nvopl~ntyoftune Andlteallyappnzcmtethat Thank ! 9 COMMISSIONERPOWELL 11 10 you I 0 hearing, it says hcce 11 COMMi$SiONW. aR R.I~HEL And tbo dam cerla~n 11 COMMISSIONER RISHEL 12 would be ~tmt? 12 the public heanng 13 aiR. lOWELL wn'roloulangitupnghtanw 13 contmue on with that So probab[yaneed 14 COMMISSIOn'ER RISltEL 'rharu's only two 14 to 15 mectmgs ~'s one on the 13th, ~'s one on ~ae 15 I m happy to continue 16 27th 16 ~ POWELL I'll second Mr 17 ,,nc lowatt. ?bo 13~h would bo your Fu'st 17 Mulroy's motion 18 mectmS in February 1 g I m not quite sure I 19 COIVIIdISalON'F.R AI'I'LF. All nght I'd mov~ 19 20 to conUnue ttus until February 13th -~0 well, I'll restate it 21 COMMISSIONER MULROY ~cond -~1 since 11 My motion Is that we ol~n 22 COMMISSION'~RRISHEL comaussloner Powell ~ 11, ~ the next meeting and 13 COMMI$,~ION'ER POWELL yeah, I'll go along ~ ~ Item 12 to thc next meeting 24 with that That's fine Thank you R~ardless of what 24 COMMISSIONER POWELL I'll second that 25 Mr Mulroy said 2_5 COMMISSIONER KErflt I thud it Page 194 Page COMMISSlO\TaRRISHEL Ithink Mr Poxn~H ] COMMISSIONER APPLE I fourth It 2 was makang a point that It had previously ~ mo,ed by 2 COMMISSIONER POWELL 3 Ms Apple and seconded by Mr Pov~ll So ~he only 3 COMMISSIONER RISHEL 4 question was the dat~ c~*rlain Is {hat correct? 4 COMMISSIONER POWELL 5 OOMMIsaIOX,'ER lOWELL Yeli, sir 5 COMMISSIONER APPLE All 6 COMMISalo\'ERRISHEL ~hankyou. Igor 6 COMMISSIONER RISHEL The the 7 that Any further d~scussion? S~ng no further 7 d~scusslon would be ts 10 8 d~scuss~on, it's lx~n moved by Ms Appl~ and seconded by g and ~'d rnove on to ltem No 11 goahead 9 Mr Powellthat ItemNo KuederllemNo 10ofeur 9 and move on to ltem No 11 ill wlththc 10 Agenda bo moved lo a date certain, that date 10c~ng !0 11 February 13th, 2002, I bcheve that would be Any further Il I thought the motion had 12 clarification needed? SeemS everyone poised at their 12 to do with Items 12 and ] 13 builcos, Ms Holl, pleasevoa: Thankyou, Couumsslouers '13 RISHEL l need to get to it 14 Motion carnes 6-1 14 and then c then we'll move on 15 (COM~alSSIO','~I~ ~m vo?~o u~ o~osmos) ~15 to adjoummcot 16 CO~MlSSIO~'~ lOv~c~,,Ivir Chamuau, would 16 But I have a question 17 ~t ha appropriate to ask, ff tlus/a good tuu~, for a 17 ,v.r Roy 18 break? / I g I understand the motion 19 COMMIS$IO'~/RISRI!L. YOU can ask thai any ~9 Item 12, Is that correct'~ 20 tune That's land of)t~ a point of order type of ~ng 20 Yes 21 COMMI~O\'ER lOWELL IS fills a gtxld ~ -~1 COMMISSIONER RISHEL Yes, s~r 22 for a break, s~// -,9 COMMISSIONER ROY Okay Well, what about 23 ~MIS~IO'.T~msm!L 'thoquesttonwouldl~ 23 Imean, there'sbccn alot ofworkdone Are 24 -- let's g~ consensus Do you want to ¢onUnu¢ on? "4 ~omg to renctve that work tonight? ')5 / COMMISSION'F. RMULROY Idsaywemo, c ~ COMMISSIONERKISHEL ltlunkwe'tccapable PLANNING AND ZONING MEETING DECEMBER 5, 2001 Page 193 - Page 19~ 41 ATTACHMENT3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING CERTAIN AMENDMENTS TO THE LAND USE PLAN MAP TO THE LAND USE ELEMENT OF THE DENTON COMPREHENSIVE PLAN, PROVIDING A SEVEABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE (CA01-0002) WHEREAS, on December 7, 1999, the City Council pursuant to Ordinance No 99-439 adopted the 1999-2020 Denton Comprehensive Plan (the "Denton Plan"), and WHEREAS, the Denton Plan contains a Land Use Element which contains a Land Use Plan Map providing gmdehnes for potential future land uses w~thln the city limits and extraterntonal junsdmtlon of the City of Denton (the "Denton Plan Land Use Map"); and WHEREAS, The Denton Plan established, among other things, a Comprehensive Plan amendment requirement m the even of a request for land uses that are Inconsistent with the Denton Plan, and WHEREAS, the City of Denton Planning and Development Department initiated comprehensive plan amendments for certain areas as darected by City of Denton City Council, and WHEREAS, on December 5th, 2001, the Planning and Zomng Commission recommended approval for revisions to the Denton Plan Land Use Map as more particularly described m Exhibit A attached hereto and made a part hereof by references (the "Denton Plan Amendments"), NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Denton Plan is hereby amended so as to adopt the Denton Plan Amendments SECTION 2 City Staff is directed to change the Denton Plan Land Use Map to reflect the Denton Plan Amendments SECTION 3 If any provision or the apphcatlon thereof of any provision of this ordinance to any person or circumstance ~s held Invalid by any court, such Invalidity shall not affect the validity of other provisions or application, and to this end the prov~slons of this ordinance are severable SECTION 4 This ordinance shall become effective ~mmethately from and aRer its passage 1 42 PASSED AND APPROVED this the day of 2002 EULENE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM 2 43 EXHIBIT A Amendments to the Denton Plan 1999-2020 Land Use Designations A Changing the approximate area surrounded by Scripture, Jagoe, Oak, and Bonnie Brae from Downtown University Core to Existing Neighborhood / Infill Compatibility ,__ r-'l r IT~' I~1 t i£ ,l- 4','r~--, I~ i,,, u --~-- I- tt ~11 - r ~ t- I~_~_,uJ ~ - I}u .... _ 'F?;II 4"~ ~'~'nl,J~ ~l ~1, ,, 3 44 C Changing the approximate area surrounded by IH-35W, Corbln Road, Bonme Brae, H~ghland, the Umon Pamfic Railroad, and the southern edge of the Hmkory Creek floodplmn from Neighborhood Centers to Rural Area USE T ' D Changing the approximate area bounded by Edwards Road to the eastern ctty hm~t hne, Pockms Page Road, to the eastern property hne of Andrews Corporation from Neighborhood Centers to E Changing the approximate area designated as Indusmal Centers west of 1-35W and north of Corbm Road to Neighborhood Centers LAND usE/RE~ "~', 4 45 F Changing the approximate area north of US 380 and east of Loop 288 to Geeshng Road from Industrial Centers G Changing portions of the Commumty M~xed Use Centers area along Ft Worth Drive, south of 1-35E to Industrial Centers and Employment Centers 5 46 H Changing portions of the Regional Mixed Use Center, Employment Center and Neighborhood Centers on the east s~de of Mayhfll Road south of E McK~nney to Employment Centers and Industrial Centers ], I Changing areas of Existing Ne;ghborhood / Infill Compat]blhty and Neighborhood Centers along F~shtrap Road, Geeshng Road and US 380 to Employment Centers J Changing areas surrounded by Smith Street, Duncan Street, and Dallas Drive from Downtown Umvers~ty Core to Ex~stmg Neighborhood / Infill Compatibility and Employment Centers 6 47 EXHIBIT B Addendum to the Denton Plan 1999-2020 Denton Comprehensive Plan - Future Zoning Map Incorporating the adoption ora future zomng map as a dems~on making tool for areas as defined wathln the Comprehensive Plan as "Urbanizing Areas ' CITY OF DENTON NOVEMBER 2001 DRAFT FUTURE ZONING MAP N 7 48 / AGENDA INFORMATION SHEET '~ '~i~lma ~e~~-~ AGENDA DATE: January 8, 2002 DEPARTMENT: Planning Department CMfDCM/ACM: Dave Hdl, 349-8314 ~ SUBJECT - SI01-0019 (Connecttvtty Component Denton Mobthty Plan) Hold a pubhc heanng and consider adoption of an Ordinance amending Ordinance 99-439, the Mobthty Plan The Connect~wty Component wdl proxade a framework for detenmmng connectawty requirements for future developments The Plannmg and Zomng Comrmssaon recommends approval 5-0-1 (Ke~th abstained) BACKGROUND The Connect~wty Component of the Mob~ty Plan provades a framework for new development to organtze connections between future subd~ws~ons As a pohey gmdehne, lnd~wdual ahgnments, configurations and spectfic lengths will depend on the hrmtataons each sate may present The Transportation Section of the Development Code proposes that new development incorporate connect~wty rote the design Along w~th shorter block lengths, permeable neaghborhoods allow eas~er pedestrmn access to schools, parks, and neighborhood oriented retad Permeability does not amply future subd~ws~ons are created w~th strmght-shot streets that may encourage cut-through traffic, rather ~t ~s a system of roads wtuch allows accessibthty over loading all pedestrtan and vehicle traffic through a single point Addit~onally, connective street networks allow greater mobthty and access by emergency velucles ~' The Coanect~wty Component of the Mob~hty Plan (Attachment 1) prowdes a 1200 foot framework for industrial and rural development and a 600 foot framework for all other developments The mdlwdual ahgnments, configurations and specaflc lengths will depend on the lmutat~ons each s~te may present } In applying the map to new developments, it is unportant to reahze that hke the Roadway and B~cyele / Pedestrum Components that are already adopted as parts of the Denton Mobthty Plan, the Connectivity Component as conceptual and will not be apphed hterally The intent of adopting the map ~s to gave developers and staff a starting point m determining how many and where points of connectaon should be developed between new developments In addlt~on, there ~s nothing included m the Denton Plan or draft code that reqmres "grid" pattern streets Rather, what as hemg reqmred as that new developments that are adjacent to each other provide for a means of getting the pubhc from one development to another w~thout the reqmrement to drive unnecessary distances or use collector or arter~ streets OPTIONS 1 Approve as subrmtted 2 Approve w~th concht~ons 3 Deny 4 Postpone consideration 1 5 Table lten~ RECOMMENDATION The Planning and Zoning Commission recommends approval 5-0-1 (Keith abstained) PRIOR ACTION/ltEVIEW December 5th, 2001 P&Z Pubhc Hearing Continued December 19a, 2001 P&Z Pubhc Hearing FISCAL ,INFORMATION N/A ATTACHMENTS 1 Planning and Zoning Comrmsston Report, December 19, 2001, Z-01-0037 2 Planmng and Zoning Comrmsslon minutes fi`om December 19, 2001 3 Draft Ordinance Respectfully subrmtted l~ot~glas $/Pow-ell, AIC1/ Dtrector of Planning and Development Prepared by ~LI~I'y gel~la~t, AICP, ASLA Ass~st~t D~ector of P~g ~d Development Attachment 1 CONNECTIVITY COMPONENT U DENTON MOBILITY PLAN PLANNING & ZONING STAFF REPORT (s,o -oo o) PURPOSE: Continue a public hearing and consider making a recommendation to the City Council regarding the addlbon of the Connectivity Component to the City of Denton Mob~hty Plan The Connectivity Component of the Mob~hty Plan w~ll provide a framework for determining connectlwty requirements between adjacent properties for new developments (SI01-0019, Denton Mob~hty Plan, Dawd Salmon) SUMMARY: Th~s ~tem was held over from the Planning and Zomng Commission meehng held on December 5th, 2001 The Denton Plan 1999-2020 was adopted by the C~ty Council in December, 1999 In response to the adophon of the Denton Plan a revision of the Denton Development Code was undertaken to prowde a mechanism of ~mplement~ng the pnnciples contained ~n the Denton Plan In the Denton Plan 1999-2020, the hnkage between land use and transportahon begins w~th the design of the street and the patterns ~n which new streets are developed through neighborhoods "The neighborhood street pattern should be gndded Parks, squares, diagonals, T-intersections, rotaries, landmarks, and other devices should be used to relieve the wsual monotony of the gnd system The range of street type ts limited, from m/xed-use neighborhood co/lectors to narrow lanes and alleys L/m/ted access highways may only ex/st w/thin a comdor Cul-de-sacs are discouraged except under extraordinary circumstances, such as cases where rugged topography requires them or large lot uses occur" (Urban Design, New Neighborhood Districts and M/xed-Use Design Pnnc/ples- Street Design p 68) "Neighborhood streets should be designed tn an interconnected or gnd system w/th smaller blocks and more dense development The Interconnected system provides multiple routes that diffuse automobile traffic and shorten walking d/stances The pattern keeps local traffic off of regional roads and regional traffic off of local streets The streets tn a neighborhood need to be designed to provide equitably for pedestnan comfort and automob#e movement Slowing the automobile and increasing pedestnan act/wry encourages the casual meetings that form thelbonds of a community "(Urban Design, The Street p 78) Shorter block lengths, and permeable neighborhoods allows eas~er pedestrian access to schools, parks, and neighborhood oriented retail Permeability does not ~mply futura subdivisions are craated with straight- shot streets that may encourage cut- through traffic, rather it ~s a system of raads which allows accesstblhty over loading all pedestrian and vehicle traffic through a s~ngle point Additionally, connective street networks allow greater mob~hty and access by emergency vahlcles Impermeable DLscon#n#ous and permeable The Connecbwty Component of the Mob~hty Plan prowdes a framework for new development to organize connections between future subdivisions As a pohcy gu~dehne, ~nd~wdual ahgnments, configurations and specific lengths w~ll depend on the hm~tat~ons each s~te may present The Transportation Secbon of the Development Code in accordance w~th the connecbwty pnnclple /-~'~'~'~" ~ncluded ~n the Denton Plan 1999-2020 requ~ras that when property ~s developed, streets are stubbed out ~n accordance w~th the Connecbwty Component of the Denton Mob~hty Plan and that streets that are already stubbed out are continued into adjacent new developments Th~s same pnnc~ple ~s also reflected ~n other chapters of the proposed code Subchapter 12, Site Design requires all developments to have controlled access by several points, pedestrian access hnk~ng the development to s~dewalks or multi~use paths, and that parking and on-s~te clrculabon be connected to any adjacent road connecbons and pedestrian connecbons Additionally, the placement of structures on the s~te IS regulated to onent businesses to be accessible by both vehicular and pedestrian traffic Concermng the creabon of the map Rself, staff started out with a 600 foot gr~d applied over the enbra C~ty of Denton Reahz~ng that because of numerous factors including floodplains, railroads, ~nterstate highways and ex~st~ng developments staff recognized a simple 600 foot gnd is not practical In addition ~n some zoning d~str~cts, especially those that are hkely to contain ~.a, ffteLoathngonArtertal large commercial or ~ndustrlal tracts a larger grid or no gr~d at all would be more practical The draft map as proposed takes into account those areas where connectivity IS not practical or ~,..~.~c~. 4 desired and also takes ~nto account areas where a larger grid would be more reahstm In applying the map to new developments, ~t ~s ~mportant to realize that like the Roadway and Bmycle / Pedestrian Components that are already adopted a parts of the Denton Mobility Plan, the Connectlwty Component ~s conceptual and should not be applied literally The intent of adopting the map is to give developers and staff a starting point in determ~mng how many and where points of connecbon should be developed between new developments In addition, there ~s nothing ~ncluded ~n the Denton Plan or draft code that reequ~res "grid" pattern streets Rather, what ~s being required ~s that new developments that are adjacent to each other prowde for a means of getbng the pubhc from one development to another without the reequlrement to dnve unnecessary d~stances or use collector or arterial streets PRIOR ACTION/REVIEW (Council, Boards, Commissions): The Denton Plan 1999-2020 which includes the basic pnnc~ple of connectlwty was adopted by the C~ty Council m December, 1999 after extensive review and comment by the pubhc, c~wc organizations, and the Planmng & Zomng Commission In addition, the draft development code which contains the mechanisms for Implement~ng connectivity has also been extensively reviewed and commented on ~n the same manner The proposed map ~tself has been part of all public meebngs throughout the commumty, and ~ncluded as an official map in the draft of the Development Code which was recommended for approval by the Planning and Zoning Commission on August 29, 2001 FISCAL INFORMATION: In general, adoption of the Connect~wty Component of the Mobility Plan w~ll not have a significant effect on the cost of developing property ~n the City of Denton On a case by case basis, depending on property shape, location and topography, providing connectivity in accordance with the Connect~wty Component could ~ncrease the cost of a development In instances where that cost ~s determined to be excessive, the C~ty Council could choose to grant a variance of that requirement for that development as they do Nth other types of development exactions In terms of the pubhc at large, connectivity between adjacent developments generally reduces the number of traffic trips on collector and arterial streets, shortens total trip length and encouraged more pedestrian and bmycle activity which prowdes savings to the driving public RECOMMENDATION: Staff recommends adopbng the Connect~wty Component of the C~ty of Denton Mob~hty Plan ACTIONS: 1 Recommend approval as submitted 2 Recommend approval w~th comments 3 Recommend demal 4 Postpone consideration 5 Table item MOTION: I move to recommend approval of the addition of the Connect~wty Component to the C~ty of Denton Mob~hty Plan ATTACHMENTS: ~ Draft Connect~wty Component- Denton Mobility Plan / I ~ _ % ~ · CI~OF DENTON N Dfi¢I=MS~:R, ~00~1 21 N '7- Planning and Zomng Comm~ss,on Attachment 2 December 5, 2001 Page 5 of 6 Changing areas surrounded by Smith Street, Duncan Street, and Dallas Drive from Downtown Umverslty Core to Ex~stmg Neighborhood / Infill Compatibility and Employment Centers k Incorporating the adopbon of a future zoning map as a decision making tool for areas as defined wdh~n the Comprehensive Plan as "Urbamz~ng Areas' Hold a pubhc heanng and consider making a recommendation to the C~ty Council regarding the addition of the Connecbv~ty Component to the C~ty of Denton Moblhty Plan The Connect~wty Component of the Mob~hty Plan w~ll prowde a framework for determining connechv[ty reqmrements between adjacent properbes for new developments (SI01-0019, Denton Mobd~ty Plan, Dawd Salmon) Motion by Joe Mulroy and seconded by Bob Powell to continue to next P&Z meeting December 19, 2001 *Discuss~on of ~tem ~s included ~n the Court Reporter's transcript attached to th~s set of m~nutes (Page 194) ITFMR Fi3R INDIVIDUAL CONRIDi=RATION 12 Hold a d~scusslon and consider making further comments to the C~ty Council regarding the Denton Development Code (SI01-0018, Denton Development Code, Doug Powell) Motion by Joe Mulroy and seconded by Bob Powell to conbnue to the next P&Z meeting December 19, 2001 *Discussion of ~tem ~s ~ncluded ~n the Court Reporter's transcript attached to th~s set of m~nutes (Page 198) 13 Planmng and Zomng Commission Meeting Calendar for 2002 Motion by Joe Mulroy and seconded by Bob Powell to accept the P&Z calendar for year of 2002 *D~scussion of item ~s ~ncluded ~n the Court Reporter's transcnpt attached to th~s set of m~nutes (Page 198) FUTURI~ A~I-'_NDA ITFMfi 14 DISCUSS the poss~b~hty of a Planning and Zomng Commiss~on retreat Mobon by Joe Mulroy and seconded by Bob Powell to conbnue to the next P&Z meeting December 19, 2001 *D~scuss~on of item ~s ~ncluded in the Court Reporter's transcnpt attached to this set of minutes (Page 200) Mohon e~rr~ 8-0 -Commissioner Susan Apple not present in room 8 CondenaoltTM Page 193 Page 195 I you wanted to bnng n back the 9th, we probably will know I everything else to our next meeting 2 the final form of the zomng map ff you want to wait 2 COMMISSIONER RISHEL Can we get get a 3 until February, that's f'me, too Tins Is not somettang 3 httle shake of' the heads or a nod9 I don't know 4 that as critical It really ~s a planning tool and we can 4 Neither one of those are pubhc heanng Items 5 wait 5 MR SNYDER NO 11 IS We'll have to 6 COMMIS$IONI~ APPLF~ My preference would be 6 continue that 7 Februat3' jnst in case semethmg happens so that we would 7 COMMISSIONER RISHEL EXCUSe me I would 8 not have to reopen u and reconuane at And that would 8 need to continue that 9 gqveplentyofttme Andleeallyappreciatothat Thank 9 COMMISSIONERPOWELL lllsapubllc 10 you 110 hearing, it says here 11 COMMISSIONER RISHEL And the date certain 111 COMMISSIONER RISHEL I would need to open 12 would bo what? 12 the public hearing and then continue it to be able to 13 M~ POWELL we're looking it up right now 113 continue on with that So I think there's probably a need 14 COMMISSIONER mSHEL There's only two 114 to -- what's best for the Commission9 15 meetings There's one on the 13th, there's one on the ]5 COMMISSIONER APPLE I'm happy to continue 16 27th 116 COMMISSIONER POWELL I'll second Mr 17 Mil. lOWELL The 13th would be your first ~.7 Mulmy's motion 18 meeting an Februa~ 18 COMMISSIONER RISHEL I'm not quite sure I 19 COMMISSIONER APPLE All right I'd move 19 know what the motion is now 20 to continue tl~s untal February 13th 20 COMMISSIONER MULROY well, I'll restate it 21 COMMISSIO~ Mm. SOY second 21 since 11 Is a public hearing My motion IS that we open 22 COMMISSIONER mSHE[ conmussioner Powell 22 11, continue it and then -- to the next meeting and 23 COMMISSIONER loWELL Yeah, I'll go along 23 postpone Item 12 to the next meeting 24 xxnth that That's fine Thank you Regardless of what 24 COMMISSIONER POWELL I'll second that :25 Mr Mulroy smd 25 COMMISSIONER l, mlTU I thud it Page 194 Page 196 I COMMISSIONER RISHEL I think Mr Powell 1 COMMISSIONER APPLE I fourth It 2 was making a point that at had previously been moved by 2 COMMISSIONER POWELL rll second that 3 Ms Appl* and seconded by Mr Powell So the only 3 COMMISSIONER mSHEL who was thc second9 4 question was tho det~ certain Is that correct7 4 COMMISSIONER POWELL comnussloner Powell 5 COMMISSIONF~POWELL Ye~, Slr 5 COMMISSIONER APPLE All of us 6 COMMISSIONERRISHEL Thankyou Igor 6 COMMISSIONERRISHEL The motton ~- the 7 that Any further d~scusslon? Seeing no timber 7 discussion would be is that we've closed out Item No 10 8 d~scussien, a's been moved by Ms Apple and seconded by 8 and we'd move on to Item No 11 And I will go ahead 9 Mr PowollthatltemNo K under Item No 10ofoar 9 and move on to ltem No 11 if that meets wath the 10 Agenda be moved to a dato certain, that dato b~ng 110 consensus of the Cornmlsston 11 February 13th, 2002, I beheve that would be Anyfurther 111 COMMISSIONER ROY I thought the motlon had 12 clanficatmn needed? Seemg ~veryoee poised at flmr 12 to do with Items 12 and 11 13 buttons, Ms Holt, plcasevoto Thankyou, Commissaoners n3 COMM1SSIONERRISHEL I need to get to lt 14 Motion carncs 6-1 114 and then open it and then close tt and than we'll move on 15 (COMMISSIONER KEITH VOTED IN OPPOSmON ) 15 to adjournment 16 COMMISSIONER lOWELL Mr Chairman, would 116 COMMISSIONER ROY But I have a question 17 at be appmpnato to ask, ff tim is a good time, for a 117 COMMISSIONER RiSHEL Mr Roy 18 break? 11 § COMMISSIONER ROY I understand the motion 19 COMMISSIONER mS,EL YOU can ask that any n9 includes continuing Item 12, is that correct9 20 tame That's kind of hkc a point of order type of th~ng 20 COMMISSIONER POWELL Yes 21 COMMISSIONER POWELL 18 thiS a good tune 21 COMMISSIONER RISHEL Yes, sir 22 for a break, su'? 22 COMMISSIONER ROY okay Well, what about 23 COMMISSIONTaR RISHEL The question would be 23 the work -- I mean, there's been a lot of work done Am 24 -- let's got a conseeau$ Do you want m centiane on? 24 we going to receive that work tomght9 25 COMMISSIONER MULROY I d say wo mo',e 25 COMMISSIONER RISHEL I think we're capable PLANN1NO AND ZONING MEETING .... Page 193 - Page 196 9 CondensoItTM Page 197 of bemg~received Yes, I tlunk tbey ha~ e a ~ucoment for 1 raeetmg is in January.lust hke we said tomght, or 2 us, yes, Sa., that you can take home Co~m~nioner Keith 2 February, but without that official -- ~t really --: 3 COMMISSIONER KEITH Yeah, Mr Chan'man I 3 sure would be race to be able to start 4 go along vath tt with one other provision, th,att when ~t's 4 It ts your standard schedule and 5 placed on the next Agenda that tt be -- the m~xt Planning 5 amend it And tt always gets ~f 6 and Zomng meeting that ~t be fa'st on tl~ A~anda, please 6 the year, but at least ff we can get that 7 COMMISSIONER PdSHEL we'll set ffaat Agenda 7 we could start pubhstung that 8 at a future date 8 COMMISSIONER RISHEL Mulroy and Mr 9 COMMISSIONER germ well, I wocfld hke for 9 Powell, would you ' motion to pull No 10 ~t to be first on that Agenda 10 13 from our adjournment 11 COMMISSIONER PdSlmL 1 heard yc~r 11 COMMISSIONER Actually, Mr 12 statement Thank you, sir Commisslaner R,~y Any 12 Chau'man, mI t schedule that was 13 further enmments? We'regomgtemoveou,:toltemNo 11 13 recommended by staff that was m your motion, too, 14 on the Agenda And Item No 11 IS to hold a public 14 wasn't it, Mr 15 hearing and consider making a recommendalfion to the City 15 That was m my 16 Council regarding the adthtian of a connect[nat 16 motion 17 to the City of Denton Mobility Plan 'lhe ccmnectivity 17 Just for 18 component of the Mobility Plan wall pmvlc~ a framework 18 we are going to pull 19 for deterrmnmg connective reqmremants bet, ween adjacent 19 from that t motion Item No 13 And so we will 20 properties for new developments 20 13 now So Item No 13 is our 21 Th~s ~s a pubhc heanng And I w*21 open 21 And I have your motion on hold, if that meets 22 the public heanng and we vail dispense watI~ staff and of the Committee 23 then' opening statement and 'ae vail coaantae the public COMMIS$IO\ER MULROY okay So I move we 24 heanng to a date certain wbach would be De...nmaber -- we ~ schedule as presented by staff 25 hax e a motion Excuse me And the motto~ as from Mr COMMISSIONER ROY Second Page 198 Page 200 Mulroy and a second from Mr Powell, thai we ccmUnue 1 COMMISSIONERR.ISHEL ltamNo 13has 2 Item No 11 after opening up the public hemng, a~ a 2 been moved from Mr Mukoy that we pmcced with t 3 date certam of D~cember the lg~ 2001 nayr~the* 3 It's been seeonded by Mr Roy An> 4 discussion? We have a moUon Please, vo,e Thank you, Mr Roy, as that a diseusston'~ That's a no No 5 Comnussloners MoUon tames 7-0 5 discussion Please, vote Item No 13 6 TheltemNo 12 and ltem No 13on,the 6 wus approved 7~0 7 Agenda ~ hold a &seussm 7 That bnngs us back motion 8 comments to the Clt} 8 that we continue Items No 12 and 1,~ late certain 9 De~elopmentCode AndltemNo 13ontl~ __ 9 Thatdatecertambemg 12-19-2001 :twith 10 Planning and Zomng 10 flus motion'~ Okay any further 11 the ~,~ar 2002 And I think you have 11 discussion Seeing please vote 12 andltwasjustama~ nthat. 12 Would you just make a note ltMs Apple is not present 13 And then Item No a ,seas 13 and we'll look at the vote :ames 6-0 of the 14 future d~scuss~o ~ossibflay of a 14 Commissioners present tmae 15 Planmng and Zonm 15 ( ROOM) 16 a asked that we p~one 16 ;R RISHEL commissioner Roy 17 thatwela~i from 17 Yes Before 'ac leave, 18 Mr Mulroy end It's a motion from l,&' Mulroy 18 I'd hke to ask procedure about this 19 and a s~cond Powell Any further &sc'mssmn? 19 Committee a reference earlier that roy personal 20 Seeing -- ( 20 was going to be given out Is that 21 ,OW~L~ Iflmay fflcouldaskffue 21 22 of the Commission, ff we could hale you 8o 22 COMMISSIONER RISHEL I wanted Mr Snyder year TI~ :m~son 23 you 15 b~aaso now we're g~.lll~ to that point ~ 24 MR SNYI)ER what I indicated is before people ate askang And we tlunk we know what ~ f~t 25 that information out, I wanted to have an PLANNING AND ZONING MEETING D ......... ""' Page 197 - Page 20~ 10 CondcnscltTM Page 113 Page 115 3 u~to A~ada Iterc~No 1'~ ~x x ~ 3 future Planning and Zoning Colxmalsslon hearing So, 4 Agenda Item No 10 is, in fact, a public 4 basically, tfa case Is heard tomght, forward it to 5 hearing And it's continue a public hearing and consider 5 Council, not heard prior to the adoption of the Code, it's 6 makmg a recommendation to City Council regarding the 6 got to come back to P&Z agam and madvertised under the 7 addition of the connective component to the City of Dentor 7 new categories of the Code 8 Mobility Plan The connective component of the mobdtty 8 COMMISSIONER HOL'~ what would be your 9 plan will be provided - will provide a framework for 9 mcommendatlon'~ 10 dctenmnmg connectivity reqmmments between adjacent 10 COMMISSIONER RISHEL That's open ended 11 properties for new development And our presenter will be 11 MR REICHHART It ts That Is a very very 12 Mr SaLmon Colmmssioner Holt 12 hard one to try to answer I mean, them are a number of 13 COMMISSIONER HOLT Before we start this, I 13 people - 1 don't know if we take public input I mean 14 just have one question How will the new Code schedule 14 it is really up to the discretion of this body whether to 15 affect these cases 15 continue public hearings untd after the Code's adopted, 16 COMMISSIONER RISHEL Mr Retchhart 16 takmg the public input, let the applicants address that 17 MR REICHHART The connectivity component 17 input, you know, as they go further It might be all in 18 ts a key factor m the new Code to get connectivity 18 favor It might be opposed I thmk It's really maybe a 19 through adjacent properties And this publm hearing 19 good dtscosston item that the Comrmsslon might want to 20 needs to be forwarded on to Councd as part of the -- the 20 consider 21 Code Development needs to be approved prior to the 21 COMMISSIONER RISHEL Mr Relchhart is 22 adoption of the Code The following public hearings are a 22 saying he's at your service 23 concern that staff has had all along m that it ts very 23 COMMISSIONER MULROY clarification Mr 24 likely that the earliest - I'm sorry, the earliest that 24 Retchhart, there's one item on a Comprehensive Plan 25 the remaining public heanngs could be heard at City 25 change, would that be included tn this discussion or that Page 114 Page 116 Council ts January 15th, which is the date that the I would still stand'~ 2 Development Code is scheduled to be considered for 2 MR REICHHART Yes Agenda Item No 10 ts 3 adoption 3 not caught up m that 4 It is very l~kely that if the Colun~sston 4 COMMISSIONER RISHEL commissioner Holt, 5 mcomanends approval on any of the following zoning cases 5 did you get an adequate answer9 6 that when those are brought forward to the Agenda 6 COMMISSIONER HOLT Yes 7 Committee for City Council and that ts not a staff, a 7 COMMISSIONER RISHEL Thank you, Mr 8 planning staff operation, that it's very likely that -- 8 Mulroy Commissioner Roy 9 well, m all hkelthood, the I)cvelopment Code will be 9 COMMISSIONER ROY I'd hke a point of 10 scheduled very early on m the Agenda because it will 10 clarification, please Mr Remhhart, you mdicated that 11 probably be a high, you know, public concern And that 11 Issues brought up tonight would be subject to continuing 12 these cases could be scheduled after that heanng or not 12 What about issues that were brought up last week or at the 13 even be scheduled for the 15th 13 last meeung9 14 If the Code is adopted prior to these cases 14 MR REICHHART Those Items are scheduled, 15 being heard, every one of the cases would have to colue 15 I believe, for the January 9th -- 8th City Council 16 back to City ~- or back to the Planmng and Zoning 16 hearmg City Council has the discretion to - I mean tf 17 Commlsslen because we are makang recommendations on 17 those are approved on the 8th, in all hkalthood, the 18 multt-fanuly, planned development, si~ 7 zoning, and I 18 mapping on the 9th or on the 15th if this is adopted wdl 19 think commercial zoning, which after thc adoption of the 19 get direction to convert those to an appropriate 20 Code, those categories will no longer be m existence 20 classification So if something gets mzoned to sF 7 ~t 21 Therefore, our policy has been and we've been telhng 21 will get an NR 4 classification There would be tnne to 22 apphcants that tlns ts a concern and after a certmn 22 still do that 23 date, that it's very possible that they're caught up into 23 The fear ts on the 15th ts to continue 24 this tune frame where they woulda't be heard prior to the 24 changing the map at that date City Courted may not want 25 Code being adopted 25 to do that They may It's unclear PLANNING AND ZONING MI CEMBER 19, 2001 Page 113 - Page 1 16 11 CondenseltTM Page 117 Page 119 COMMISSIONER RISHEL ColTaYllSSloller Kelth I COMMISSIONER MULROY YOS A qmck 2 COMMISSIONER KE1TH Thank you, Mr 2 question Is this concept derived from the Comp Plan? 3 Cham~an Mr Relehhart, when was thts map or all th~s 3 MR SALMON Yes It comes straight out of 4 drafted9 I'm looking on the map, I see Dee, ember 2000 I 4 the Comp Plan 5 mean, when was all this finalized or put together for a 5 COMMISSIONER MUI P. OY And how long ago was 6 presentatton? 6 the Comp Plan passed? 7 MR REICHHART It Was included tn your two 7 MR SALMON lB December of 1999 8 week ago packet, I behove, so at a mmtmmn, it was two 8 COMMISSIONER MULROY okay And how many 9 weeks agO But I believe this has been m, at least, a 9 hearings led up to tho passing of the Comp Plan? 10 draft form for a while now This ~s somettnng that -- 10 MR SALMON well, I don't recall 11 COMMISSIONER RISHEL Maybe Mr Salmon 11 COMMISSIONER M~JLROY well anyway, I guess 12 could help tls with that 12 I want to express that conceptually this has bean in lront 13 MR REICHHART well, I do know the -- our 13 of the pubhc at least four years 14 consultant that we had workmg on the draft code had 14 COMMISSIONER RISHEL Thank you We're 15 worked on this originally over a year ago 15 trying to get Mr Salmon to present hem This ~s a 16 MR SALMON Right Tins map has been tn 16 pubhc hearing and I will turn tho microphone over to Mr 17 various stages of draft form for over a year The copy 17 Sahnon 18 I've got m my hand and I hope I handed out to you th. ts 18 MR SALMON ahank you Chair What we 19 evening was -- ~s November 2001 verston 19 have got this evening, a public hearing on what we would 20 COMMISSIONER KE1TH SO our pubhc hearings 20 call our third component of the Mobthty Plan As most of 21 on this has been what to date9 21 you probably realize, we already have a roadway component 22 MR SALMON I'm sorry 22 that has bean adopted since 1999 And then last year we 23 COMMISSIONER KEITFi Our public hearings on 23 adopted rile bicycle and pedestrian component of our 24 this has been what to date? 24 Mobility Plan This is the third component of the 25 MR SALMON This tS OBi' first ptlbhe 25 Mobility Plan being brought to you this evening It's Page 118 Page 120 1 hearing Th~s map has bean presented at munerens public I called the conneatlwty component 2 meetings around the community This is the first public 2 Very briefly the Comprehensive Plan that 3 hearing at the Planning and Zoning Commlssten arena for 3 was adopted in 1999 speaks to the effect that we want new 4 this map 4 developments m have ~nteaconnectaons rather than 5 COMMISSIONER KEITH well, I Just ' I had 5 requiring drivers or pedesmans or what have you to be 6 an individual who showed me a copy today and he's bean on 6 required to use our arterial streets You'll notice in 7 top of a lot of things And he said th~s is the first 7 the backup throughout the backup, there are several 8 tune he saw one was just the other day Yes, a m~ght be 8 diagrams that have bean included kind of amongst the text 9 out but, again, like c. verythlng else we've had so much 9 that shows examples of what we would consider a 10 colmng down th~ pike, so much to digest, that a lot of 10 &scontmuous type of development or a single loaded 11 people are just now be~nnlng to pick up on what's gnma 11 development opposed to what we would call a permeable 12 on So I thmk we need to really examine this for pubhc 12 development, which is the type of development that's being 13 hearings and input 13 advocated m the Denton Plan and In the proposed new 14 COMMISSIONER RISHEL That's what we're 14 Code In the new Code, particularly m the 15 here for 15 transportation sectmn and 1 think also m probably a 16 COMMISSIONER KEITH well, I think even 16 couple of the other chapters there's discussion about 17 beyond tonight 17 reduced block hghts There's discussion about new 18 COMMISSIONER RISHEL ThlS IS the first of 18 developments leaving stubouts and connec'aons so that when 19 the public hearings, yes, sir This is a pubhc hearing 19 adjacent property develops that they can connect on And 20 COMMISSIONER KEITH I recognlz~ thah but 20 so this component of tho Moblhty Plan is basically a tool 21 ~s there anybody here in the audience that's going to be 21 that staff and the development community can usc to 22 addressing this tomght 22 determine where m the City connectivity will apply 23 COMMISSIONER R[SHEL It's a posted public 23 One of the things I wanted to pmnt out and 24 heanng so it was part of our Agenda and the pubhc was 24 I know well, you probably have a copy of this map in 25 notified Commissioner Mulroy 25 your prewous back up This is the fumm land use plan PLANNING AND ZONING MEETING [ 19, 2001 Page 117 - Page 120 12 CondenscltTM Page 121 Page 123 I You'll notice if you put two maps side by side that the As I've already mentioned they don t apply to rural areas 2 areas, that the connectamty component applies to our 2 or any of the cresting developed areas This is only for 3 mainly tlm n~ghborhood centers couullunlty mixed ase 3 areas that would be newly developed And again the 4 centers, regional mixed use ceo~rs employment centexs, 4 basic concept is that one of the premises of the Deoton 5 and to some c-xtont mdustxial centers It docs not 5 Development Plan and our new Code is that people whether 6 include the existing neighborhoods It does not include 6 they're walking or driving or riding a bicycle should be 7 the downtown University core district It does not 7 able to go from one development into another or from their 8 include rural dismcts and it does not include flood 8 neighborhood to a shopping center or whatever the case may 9 plmns 9 be w~thout being forced on to the City's arterials 10 So this pamcular component has been 10 I'll be glad to answer any questions you 11 prepared I guess m concert with our future land use and 11 lmght have I know that this particular component of thc 12 zoning maps Basically, how this map would be used if 12 plan is probably a ht~le bit mom, I guess I've lost the 13 someone comes in and proposes to develop a property m one 13 word I was going to usc But ~t s not a common compoaent 14 of these areas where the hght blue hatch mark is, it's 14 that most people would be used to Fveryone is used to 15 going to toll them as w~ll as staff that this is an area 15 seeing a thoroughfare plan and a bicycle and pedestrian 16 where we want to have mterconnection beixveen 16 plan Th~s is relatively new concept but we feel 17 developments And this map roughly applies a 600 foot 17 strongly that it needs to be part of our Mobility Plan 18 ~'ld as a gmdehne in helping to determine how many 18 because it really does address mobility for oar colmnumty 19 connections should be made 19 COMMISSIONFR RISHEL It S past your bed 20 You'll notice m some of the mom I guess 20 tmle, right? 21 industrial areas, there's a 1 200 foot grid Basically, 21 MR SALMON Yeah 22 what we'r~ looking at Is a tool that would be used 22 COMMISSIONER RISHEL we have several 23 conceptually just hke any of our other Mobthty Plan 23 Conmussioners that would like to address this sxtuation 24 components in that it pats on notice the developraeet 24 Comm~ssioner Keith 25 couunumty, that if you're developing in tills area, we want 25 COMMISSIONER KEITH Yellh, thank you I Page 122 Page 124 I to have conneetamty between the developments and it will was lookmg here on the west s~de of town or ~ast s~de 2 give them an idea of approximately where those connections 2 We have property - or th~s xs -- going down tfus grid 3 should be and approximately how many 3 down m here, ts thru that new -- ts that the proposed 4 Again, just hke any other component of the 4 program, far east side - yeah9 5 Mobility Plan, it is conceptual, and each development docs 5 MR SALMON That appears to mc that that 6 have to be, I guess, revlev~d on its own merits and the 6 would be m the -~ probably the Lakewew Ranch area, the 7 actual Code language applied to those developments For 7 part of Lakewew Ranch that hasn't been developed yet 8 instance, just throwing an exampla out, if you were going 8 COMMISSIONER KEITH okay We have an 9 to develop in this area where the blue cross hatch marks 9 individual that owns property right there at that 10 are, you may be adjacent to a development that has already 10 intersection of McKmney and where that crosses, and he's 11 been devoloped but has not provided for any connection 11 expressed a lot of concern on that, Mr Weldon Bragoon 12 Our Code is worded or will be worded before 12 you addressed th~s with him, discussed it with him9 13 ~t's completod that that would be an mstance wheae, 13 MR SALMON Agam, thls has been -at 14 obviously, you can't have connection because the akeady 14 many pubhc meetings I've had the opportunity to wsit 15 developed one next door thdn't provide n So it wouldn't 15 with Mr Bragoon on many items in relation to the now 16 apply So I guess the way this works Is that you 16 Development Code He's never personally asked me about 17 determine whether a development is in one of these areas 17 this map or the requirements 18 to deterrmne whether connectawty ~s applicable or not, 18 COMMISSIONER KEITH okay Well, there's 19 and then you look at the development more closely in 19 Just been some confusion on this He's - and WL got a 20 relatmn to adjacent properties and detenmne in 20 letter to the Commission that was on this topic, and I'm 21 accordance with the actual code language, which is more 21 just wanting to know how It's been addressed 22 specific where the coan~ctlwty actually applies 22 COMMISSIONER RISHEL Mr Remhhart would 23 You'll notice on this map that blue hatch 23 like to clarify 24 mark areas generally stop at floodplains They don't 24 MR REICHHART And I think Mr Powell has 25 cross railroads They don't cross the lnterstato lugh ~,, 25 additional reformation But Mr Bragoon's questions have PLANNING AND ZONING MEETING ~ ~'~' 19, 2001 Page 121 - Page 124 13 CondcnscltTM Page 125 Page 127 1 been related to the alternatives for is it Tnnlty? hves, say, tn an urea over m thts neighborhood has a 2 Ma SALMON Tnnlty Road 2 choice that tf they want to go to the shopping center over 3 MR REICHH$,RT xnnay Road, and not 3 here, tf they want to, they can still out on the arterial 4 necessarily the coaneetavlty There's two alternatives, 4 street and drtve tt the way they normally would, or if 5 the east and west alteruaUve And it's related to that 5 they dectde that that street ts too busy and they don't 6 and not the connectivity portion 6 want to make a dangerous turn on to a busy street, they 7 COMMISSIONER aISHEL infector Powell 7 can wmd through the neighborhood and come tn posstbly 8 MR ?OWELL ff I may and that IS 8 through the back of the shopping center or children or 9 absolutely correct And this is his mapping ~ssue 9 people that are rtdmg their btcycles rather than have to 10 Trinity as it now comes tbxough, it would split his 10 come along the arterial can wind through the neighborhood 11 property The Moblhty Plan says that this Trinity 11 and walk or nde their bicycles through -- to a different 12 continues to the south Ageln, It's the conceptual plan, 12 entrance of the shopping center w~thout hawng to get out 13 it doesn't that it gt~es straight, you know, or one side or 13 on the urtenal So it's sort of forcing that issue 14 the other Mr Bragoon's argmnent is take flus mad, 14 COMMISSIONER HOLT Right Bastcally, th~s 15 swing it to the western s~de of his property Sea 15 ts goxng to help the problcuns hke Teasley Lane, where 16 really relates to the ahgnment of this road and not 16 there am too many curs on that arterial 17 the - 17 COMMISSIONER RISHEL Yeah, and encourage 18 COMMISSIONER RISHEL It deals mom with 18 alternative transportation 19 arterials than the 19 COMMISSIONER HOLT And that will encourage 20 MR POWELL yes, thank you 20 alternate routes for people to take so they will have a 21 MR SALMON FOr added clarification, what 21 chance 22 we've done is we've applied the coanecavlty component as 22 MR SALMON Right I mean, you know, we 23 an overlay to the midway component So the heavy lines 23 honestly beheve that the reason a lot of people use to 24 flint you're looking at are actually the approved roadway 24 use their curs instead of walk or bicycles for the s~mple 25 component What we're concerned wah this eveamg are the 25 fact that tf the only way you have to get from your house Page 126 Page 128 hghter marks -- lines to a grocery store is to get out on Teasley Lane you re 2 COMMISSIONER KEITH Thank you, Mr Salmon 2 probably not going to choose walk~ng or bicycle 3 COMMISSIONER RISHEL COmllnSsloner Holt 3 COMMISSIONER HOLT Right Thaak you 4 COMMISSIONEiI HOLT Mr Salmoa, what 4 COMMISSIONER RI~HEL commissioner Kelth 5 plulosoph~cally dces this do for us that is not being done 5 COMMISSIONER KEITH Thank you As I'm 6 now? 6 looking at this, at your map, we are proposing a grid 7 MR SALMON well right now and I guess 7 And going by the examples you had, it's veE? interesting 8 I'm going to throw ooa of these diagrams up here Right 8 that you're going to be encouraging a development whereby 9 now our Development Code allows a type of development that 9 this gr~d sysco What is your encouragement of l0 looks like this picture here where you anght have one 10 development of these these conoectors or right of-way Il entrance Let'sjustsaythatth~slsTeasleyLaenfor iI - majors rlght of ways that you have m whae arrows 12 example sake, and you have a subdivision with one 12 here, what is the suggested distance between all of that~ 13 entrance, and then you just have sort of en interior 13 Is It a mile? Is it a quurter mdc7 14 circle and cul de-sacs, and lf~ you know, you want to 14 MR SALMON unfortunately, I don't have my 15 drive from your subd~venon up here to Albertson's or if 15 copy of the Code w~th me We do have an mtersecuon 16 you want to drive from your subthwslon to gu wslt 16 spamng reqmrement between arterials and collectors if I 17 smneone in the next subdivision you have absolutely no 17 mnember correctly I think arterials are just as a 18 choice b~a to get out on Teasley Lane, pull out into a 18 general rule supposed to be about a mile apart collectors 19 busy arterial wluch at an lntersecUoa which may or may 19 at about a quarter mile spamng 20 not s~gnahzed and have to make a taming moveanent rote 20 COMMISSIONER KEITH TO kind of get a 21 heavy traffic 21 visual, is this kind of a hale blt s~mllar to what we ve 22 What this map does In concert vath tho Code 22 got in far north Dallas k~nd of how they worked that ~ 23 language is require that new developments in newly 23 Kind of looks that way But go about a milo and you've 24 developed areas provide for a street system whmh would be 24 got a major north south and east west 25 more s~mflur to tins other diagram where someone who 25 MR SALMON I don't know if that would bc ~R 19, 2001 Page 125 - Page 128 'LANNING AND ZONING MEETIN¢ 14 CondonsoltTM Page 129 Page 131 I a perfect example I know that there are areas of north at these and there's been some concerns actually since 2 Dallas that are snmlar to that where you have, I guess, 2 1998 about the Moblhty Plan and some of the concepts that 3 arterials at a spacing with Intermediate collectors and 3 are revolved and my major concerns are the northeastern 4 then you've got nerghborhood streets that sort of 4 part of town and, specifically, the extension of Windsor 5 intertwine 5 Dave And since we're talking about connectlvay, I 6 COMMISSIONER KEITH That's just a good 6 think this is a perfect t~me to discuss this I think 7 I'm just referring to an example 7 that there's probably a lot of people that are even here 8 MR SALMON Yeah, that may bo I mean 8 tomght that would probably if g~vcn the oppormmty to 9 I'm sure there ale areas of north Dallas that are very 9 g~ve their opinion would probably say that they're not 10 much like what we are trying to describe here 10 real enthused with major arterials that maybe are a dead 11 COMMISSIONERKEITH okay I'm just try~ng 11 end nt fins momeot or an ex~stmg street that ls only a 12 to get a handle on ~t As Denton expands we need to be 12 two lane that's going to become a four-lane that's right 13 able to get around beo~n' Thank you 13 at the rear of their res,deoce 14 COMMISSIONER RISHEL Thank you, 14 I just wxsh to express my concerns And 15 Conumssloner ColralUSSlon~rs, any furth~ quosUons of 1 $ since this is just a conceptual plan, while we're making 16 staff? Comnussloner Ko,th 16 tha plans for these p~eces of property, I think that we 17 COMMISSIONER KEITH NO, I'm sorry 17 need to make sure that we afford a lot of opportanales 18 COMMISSIONERR[SHEL okay Anyother 18 and a lot of thffaretu lnpnts as far as what ls avadable 19 questions, Commissioners? Thank you, Mr Salmon 19 what can be changed, what are the opUons instead of this 20 Tins is a public hearing Anyone that 20 is how it's going to be That's my concern 21 would hke to address the Conumssion regarding Item No 10 21 COMMISSIONER RISHEL Mr COX, would you 22 on our Agenda I know this is kind of new and we may have 22 care to point out on the map the specific area that you're 23 some people that fins is new to a lot of people so it's a 23 concerned about and what that new ahgmnent or 24 different tJ, pe of concept and something that this is the 24 configuration would be and the neighborhoods that might be 25 first pubhc hearing we've had, so we're encouraging 25 affected I believe that this is Windsor right here Page 130 Page 132 I public comment Anyone else - please, if you'd give us I This area right here is the green dotted line which is not 2 your name and address 2 existing at the moment, but I believe Windsor stops right 3 MS Je~,rsi~os I m Rebecca l'enmngs I 3 about the middle of my fingernail And the proposal is 4 live at 223 East Liberty in Pilot Point, Texas I don't 4 for It to go across the Loop, which it's going to take a 5 have any preconceived or pm decided answer to this, but 5 lot of money to get that taken care of But my concerns 6 over tbe years m construction, I have frequently heard 6 are and I'm sure there's a lot of other people's concern 7 people reslden'aal areas wanting to be isolated from 7 of that that's going to become a major thoroughfare and 8 apartment complexes and shopping centers So I just 8 it's going to connect right into an existing neighborhood 9 thought I rmght throw that In 9 that it's going to back right up to that, the way it's 10 I lived in an area one time that was a 10 drawn in here And it's going to create this scenario 11 peninsula off of an area that was also a shopping center 11 because there are cul-de-sacs and stuff 12 The people who lived m the peninsula had really no theft 12 So you're going to leave that neighborhood 13 problems because people couldn't go in and out qmckly 13 and you're going to create this because you don't have 14 But the ones who had houses in areas that worn easily 14 any, I guess, the correct phrase is feeder streets going 15 accessed from freaways frequently were rebbed Solsea 15 to this major artertal I'm trymg to express that maybe 16 not wanting to be in a situation whom you can't get 16 that this isn't the exact way that we need to go 17 out but on the other hand, you might take the other two 17 COMMISSIONER RISHEL And your neighborhood 18 s~toatlons Into consl&ration 18 ts nranedlately above that, ts that correct9 19 COMMISSIONERRISHEL Thank you very much, 19 MR COX Yes, that is correct 20 Mrs Jeotungs Any further comments? Anything else that 20 COMMISSIONER RISHEL And approximately how 21 would like to address the Commission regarding Item no 10 21 far would that leave you, your house, your residence from 22 on our Agenda regarthng the mobility, one part of the 22 what the proposed ahgnment would bev 23 Mobility Plan? Please 23 MR COX My back -- well, my back yard - 24 Ma COX My name is Roger Cox I reside 24 I have a ten foot rear back set I have a sidewalk and 25 at 3912 Deer Formst Drive in Denton 76208 I'm looking 25 then Ferns Road is right there And that's going to be SLAlqNING AND ZONING MI 2EMBER 19, 2001 Page 129 - Page 132 15 CondonsoltTM Page 133 Page 135 I one half of a four-lane moan arterial road, so I have a with a sidewalk for my two-year old and my 2 deep concern 2 tluee month old We don't have a s~dewalk in front of my 3 COMMISSIONER RISHEL And your hand-boalt 3 home on Windsor Drove We have to go down about two 4 fence 4 blocks to connect that sidewalk And there's some 5 MR COX And lff s beell repaired because 5 sidewalk on the opposite side of the street The traffm 6 cars seem to stay out of it 6 flow on Windsor Drive is extensive 7 COMMISSIONER RISHEL I understand 7 I used to walk with my stroller but it 8 MR COX SO I don't know if there's 8 became a safety hazard because cars fly on Windsor Pm 9 anybody that wants to ask some questions 9 hve houses from the dead.nd dave houses from Old 10 COMMISSIONER RISHEL We have some 10 North And the only ~raffic flow I have at this point am 11 questmns Thank you, Mr Cox Col~lmission~ Ketth 11 people who fly down because they've missed Old North only 12 COMMISSIONER KEITH what street are you on 12 to slam on their brakes and turn around This is a huge 13 again9 13 concern to me because it's only going to increase the 14 MR COX I hve on Deer Forrest Drive 14 traffic flow I have young children and I chose that 15 It's a cul-de-sac that -- basically, It kmd of 15 neighborhood for a purpose However, it concerns me 16 mter-radtuses the mtarsectton of Kings Row and Ferns 16 because we don't even have sidewalks 17 Road It's a hard 90 degree turn 17 If I had the option of purchasing a 18 COMMISSIONER KEITH okay It comes down 18 sidewalk like was just voted passed on, I think, Agenda 19 -- tt comes off Kings Row, doesn't tt and goes down to 19 ItOh 1, for $1 300 00, I would because right now with 20 Windsor9 20 increased traffic flow there will be no safety for our 21 MR COX NO Actually Kings Row 21 children It will be increased the traffic flow will 22 crosses the Loop and If you were to go east on Kings Row 22 be And I see that distance sharer than the distance 23 23 currently from Windsor to University Drive I don't have 24 COMMISSIONER KEITH Okay You're on the 24 a huge solution to propose because I do see that we might 25 east side 25 need some other avenues to get to the Loop, and certmnly Page 134 Page 136 I Ma COX it makes a hard 90 degree tmn the Loop needs to be widened 2 and that turns mto Ferns Road And the proposed 2 However, I think if we then look further 3 Mobahty Plan is going m t~e Windsor into that 3 down the Agenda to Itm~a No 15 and 16, I beheve where 4 intersection of Kings Row where it converts into Ferrls 4 we're changmg the zoning from what tt ts currently to 5 Road 5 what is proposed, that's only going to betghten the 6 COMMIas~om~,a KEITH okay Thank you 6 problm~a When we have more people, I look at tt as a 7 COMMIasIONaR RISHeL commassloners, any 7 problem already if it's smgle famtly dwelhngs If 8 further questions of Mr Cox Thank you, Mr Cox 8 you're changing that also to lnixed faintly usage or to 9 MR COX Thank you 9 colm,oerclal or to retatl business, that's only going to 10 COMMISSIONERRISHEL once again, anyone 10 increase the problem more so 11 else that would like to address Item No 10 on our Agenda, 11 So my nureber one concern, I guess, would be 12 I'd encourage you to move down and we have several people 12 that I chose Denton for the positive factors I chose my 13 that would like to address this issue 13 neighborhood because it was a safe neighborhood It had 14 Ms I~^WCOM Hi My name is Diane Bawcom 14 low traffic, certainly at the end And I was wflhng to 15 I live at 2525 East Windsor On the plan, I originally 15 compromtse on the safety of havmg sidewalks because It 16 came to hear about another item on the Agenda I am five 16 was on the dead-end of the street Now, we're thinking 17 houses from the deed-end of east Windsor Drive I moved 17 about extending it to the Loop and we don't even have the 18 to Denton at a request of the last suponnteodeat from out 18 option of puttmg sidewalks for the chtldren to walk to 19 of state Aud I chose Denton because of the commumty 19 the school, to nde their bmycles I see tt as an issue 20 structure And I had a hst I could bye anywhere in 20 COMMISSIONER RISHEL Thank you, Ms 21 the metroplex And I had a list of 25 points I wanted my 21 Bawcom Thank you very much I know we have several 22 realtor to hud tn a home She found all but two of those 22 items further on tn our Agenda that are gomg to deal with 23 points in my home on Windsor Drive 23 the Windsor end of thmgs also, so ff I could ask you to 24 The two items that she did not hud ts that 24 address this particular thmg regarding the Mobility Plan, 25 my home does not have an alarm sy -,.a ~ wanted curbs 25 I would appreciate tt Is there another speaker ~ ~CEMBER 19, 2001 Page 133 - Page 136 ?LANNINO AND ZONING I~ 16 CondonaoltTM Page 137 Page 139 ] MR LILLIE My name is Wade Ldhc, and I issue as part of that We just wouldn't make it a 2 live at 3800 Doer Formst I served as president of the 2 four lane road w~thout addressing the sidewalks would 3 Doerwood Neighborhood Association And I want to use a 3 they? Mr Roichhart would you -- 4 particular map that was given to us at a hearing and it 4 MR RFICHHART ~rhaps, Mr Sahnoo could 5 doesn't have evea~thlng on it, but and please ignore 5 answer that 6 the markings that I've put on it I want ~o address the 6 MR SALMON well, of course, any new 7 Mobility Plan as it affects tho northeast section 7 development that goes in ~s going to be be required by the 8 This shows maybe a hUle clearer the 8 Code to install sidewalks And I would certainly assume 9 proposed Mobthty Plan that would ae Windsor into Ferns 9 that as W~ndsor Drive has more traffic on it that it would 10 Road there behind Hedge Elementary, which right now Ferris 10 become ulom of a become mom important in tenus of our 11 Is basically a two lane comttry road And that is of a 11 Capital hnprovements Program that we mentioned earlier 12 great concern not only to the nmghborhood buy I would 12 this evening in terms of putung sidewalks in existing 13 think it would be a pretty big concern for the school to 13 nmghborhoods We spend about 250 to $500,000 00 a year 14 have thmr playground heclang up to what at some point 14 putting in sidewalks for our Capital Improvemeats Program 15 would become a major urtenal 15 and we tend to try to put those in areas where there are 16 I would encourage City staff and P&Z and 16 the most traffic and the most pedestrians And so as th~s 17 the Council to look a little further east, that if this ts 17 area becoines, I guess, more heavily traveled, it's going 18 going to be expanded to look at what the future expansion 18 to become more lntpormnt and probably more of a focus in 19 might be east of there And instead of turning that road 19 our Capital hnprovements Program for the existing 20 north and tying it ntto a smaller road is actually 20 neighborhoods 21 extenthng tt further east and tying it Into whet, I guess 21 COMMISSIONER RISHEL comlmsslon~r Kelth 22 the Trinity Road that's coanng through Lakoview 22 did you have a question of Mr Salmon or do you have a 23 Development and is id{ely to be extended north and make 23 question of Mr Liilie9 24 that truly an east/west thoroughfare between the Loop and 24 COMMISSIONER KFITH Mr Salmon 25 that eastward development And then use collectors to 25 COMMISSIONER RISHEL Thank you Mr Page 138 Page 140 I feed back down to thet Salmon would you address the podimn 2 Another concern that we have heard about 2 COMMISSIONER KEITH Mr Salmon, I have two 3 the Mobihty Plan is the clesmg of the intersection of 3 questions here if I lnay please One was when was tbe 4 Loop 288 and Kings Row And that would he a closure not a 4 Plan made te divert all the traffic the crossing and 5 crossing And wlala we know -- th~ro are safety and 5 everything from Kings Row to Windsor when was this 6 security issues related to that intersection as it exists 6 planned? 7 now But if we close that intersectaon we see that we're 7 MR SALMON All the heavy lines, the gmea 8 going to have for all of the development that hes occun'ed 8 lines, the red hnes and the black hnes are all part of 9 out there, we're basically coming back to one way back 9 thc roadway component of the Mobility Plan that was 10 into town vathout having to drive around And to me, that 10 actually adopted m 1999 So the line that we re talking 11 becomes a safety issue as far as fire and police access 11 or the hne that the last couple of speakers here 12 It also becomes an issue regarding illegal crossing of the 12 spoken about was actually adopted in 1999 Again I think 13 highway as we here seen there on north Stewart Road as 13 we're going to have an opportunity m talk about the exact 14 people will ~llegally cross wlach 18 jllSt as dangerous 14 alignment of this road when we get to the zoning case 15 And I would recommend that we look at 15 later But I just wanted to remind you, again, that this 16 budging some of those sto:~ts If we don't want access 16 map is very conceptual and just because the line is right 17 to the Loop, direct access, but we want access back to the 17 there doesn't mean that the road has to be exactly in that 18 cominumty property, that we start looking at bridging 18 location 19 those without having direct freeway access 19 COMMISSIONER KEITH YOU answered that 20 COMMISSIONER RISHEL Thank you, Mr 20 okay The next question is the problem of sidewalks 21 LIlhe Commissioner Roy 21 Like I say we've got a future on our later Agenda, 22 COMMISSIONER ROY My question - or my 22 we're going to have - discussing something, which 23 coum~ent goes a little blt back to the Windsor Extension 23 increased traffic - should this be proceeded vath will 24 and ~f we make Windsor Extension to become a major 24 here definitely increased traffic And out of our 25 arterial, wouldn't th~ City, in fact, address the sidewalk 25 sidewalk budget, would this be able to be given a priority PLANNINO AND ZONIN( DECENfBER 19, 2001 Page 137 - Page 140 17 CondcnaeItTM Page 141 Page 143 I because the developer is only going to be responsible for or anything of that nature The Code ~s written ~n a 2 what is w~thm his development, he's not going to have to 2 manner that cul de sacs are perfectly acceptable And 3 go all the way down to North Road, so we've got to address 3 th~s connectiwty component does not have any affect on 4 that, right? 4 whether or not people can use eul-de sacs 5 MR SALMON YOU're rtght The developer 5 And the only reason I bring that up because 6 will address sidewalks that are inside the development 6 there has been some questions from tho public that I have 7 The City, through Its Capital Improvements Program is 7 had directly to my office about that And I just wanted 8 going to have to recognize the rest of Windsor Drive at 8 to get that on the record 9 some point in tune because it is an arterial 9 COMMISSIONER RISHEL And part of that is 10 COMMISSIONER KEITH SO I'm saying that 10 the illustration we have in there~ 1 because of tins and with the current situation, tlus m~ght I l MR SALMON well, right 12 be considered as a priority over otha~ 81dewalks 1 2 COMMISSIONER RISHEL It shows a less 13 throughout the City ~s my statement Would that be 1 3 desirable situation ~n some situations? 14 MR SALMON Rlght I would vento~ to say 14 MR SALMON Rl~lt I mean, the examples 15 and I'm not going to speculate on the zoning because 15 that are in the backup don't show any cul de sacs, but 16 that's not my job, but if this zoning were approved and 16 that doesn't mean that you couldn't have cul de sacs 17 there was addlhonal traffic on Windsor Drive, I can 17 inside of a neighborhood 18 ahnost guarantee you that a sidewalk on Wmdsur Drive 18 COMMISSIONER R[SHEL I have several 19 would be much more of a priority in our futme Capital 19 Commissioners that have questions Commissioner Mukoy 20 Improven~nts Program than it has been 20 COMMISSIONER MULROY I WaS IP..ady to nmke a 21 COMMISSIONE~R KEITH Thank you 21 motion rather than a question 22 COMMISSIONERRISHEL commtssloners and 22 COMMISSIONERRISHEL COlnlmssloner Roy 23 gallery, once again, the Agenda Item addresses the 23 COMMISSIONER ROY MS Salmon, you said 24 component -- the connec'avlty component part of the 24 about the cul-de sac I guess I reanember reading thc 25 Mobility Plan and not specific routes of the Mobility 25 last thing I read cul de sacs were d~scouraged Was that Page 142 Page 144 I Plan And that is, in fact, the Agenda Itml~ So once wording changed? 2 arran, is ~ anyone else that would hke to speak 2 MR SAl MON Yeah That's been one of the 3 regurdmg the connect:wty part of the components of the 3 more recent changes Cul-de-sacs are acceptable m the 4 Mobility Plan? Okay Seeing no one else that would like 4 latest draft of the Code I mean, in as much as we are 5 to speak regurthn8 I~n No 10 on our Agenda, I wdl close 5 going to require connectivity between developments, you 6 the pubhc hearing Mr Salmon, would you care to give us 6 can still use cul de-sacs inside the subthvlslon 7 a smnmat~on? 7 COMMISSIONER ROY okay One more 8 MR SALMON well again, I think that tl~ 8 quos'son And I don't want to pick on the Robinson Oaks 9 map this particular map and the third component of our 9 but I looked at the map here and xt doesn't show a 10 Mobthty Plan, the connectlwty component was cte. ated in 10 gr~dded area there So we're saying that -- 11 concert with the Denton Plan and with the new Code It 11 MR SALMON And that would be right 12 also mirrors our proposed Land Use Plan It ts designed 12 COMMISSIONER ROY The development that we 13 to be a tool to encourage and m some cases reqmre 13 just approved 14 conoco'dons beoJvean now developments in areas that am not 14 COMMISSIONER RISHEL would you push the 15 yet developed 15 map up a httle bit so everyone m the audience can see 16 It is not intended to be a tool that ~s 16 what 17 going to force connections into extstmg n~ghburhoods or 17 MR SALMON I kind of c~rcled that It 18 ~n tarsi areas whom we expect to have larger lots or even 18 would be right m this area here 19 in and is only apphcable in limited amounts ~ 19 COMMISSIONER ROY We were concerned about 20 industrial areas where we also expect to have larger block 20 the one entrance m that, so this map will not do anything 21 lanes 21 to address that? 22 One thing I did fail to lneation is that -- 22 MR SALMON Right The reason agmn 23 and there's been some question about this I'm land of 23 this map doesn't ex~stmg developed neighborhoods We've 24 surprised It thdn't come up this evening is the fact that 24 got State School We've got the manufactured home 25 nothing about this plan precludes the use of cul-do sacs 25 community, the zoning for Robinson Oaks was already PLANNINO AND ZONIN( 18 'DECEMBER 19, 2001 Page 141 - Page 144 Condcnsclt TM Page 145 Page 147 1 established by the City Council So we didn't really see 1 the easy in easy-out a httle blt vulnerable to came 2 a window of opportunity there, so that's why that was left 2 MR SALMON well I guess that's not 3 out 3 really my area of expertlse and I don't have any came 4 COMMISSIONER ROY Thank you 4 statistics in my back pocket, you know, and I'm sure that 5 OOMMISSIONER RISHEL Conmussloner Powell 5 what she says, ~f she's m the real estate business 6 COMMISSIONER POWELL Thank you, Mr 6 probably has some good points to make on that regard 7 Chmrman Mr Salmon, I understand the concept, and I 7 COMMISSIONER RISHEL I guess my pmnt ~s I 8 don't necessarily thsasree with ~t But I want to bnng 8 want us to be conscmus of thc fact we may have an areas 9 you back to a t~me we had m Denton and maybe you werea't 9 where eartam forms of connectivity may not be as 10 here then Township II used to have a road that went 10 desirable as in other areas So I apprecmle that 11 through to the mall And you can't ~magme tho havoc that 11 comment Thank you Mr Salmon Any other quesnons for 12 that caused the rmldeats of Township Il NOW, you In 12 Colnmlssmners for Mr Salmon or anyone else on staff 13 th~s concept talk about being able to got directly from a 13 regarding this ISSUe? Commissioner Mulroy, I think you 14 nmghborhood to a shopping center to a whalever, well, 14 have a motion 15 the5' had that And, behove me, they Came to City Courted 15 COMMISSIONER MULROY Yes, I move adopting 16 up m arms screaming and hollering, almost with shotguns 16 the connect:Vlty component plan as pmseotect 17 and had that blocked off 17 COMMISSIONER RISHEL IS there a second? 18 I'm only pointing that out I'm not trying 18 COMMISSIONER POWELL second 19 to make a mountain out of that molehill I'm just 19 COMMISSIONER RISHEL It'S been moved by 20 pointing that out It's not always d~lmble to go direct 20 Cotmmssloner Mulroy and seconded by Commissioner Powell 21 from residential to a comanerclal People sera,ames get 21 Any further discussion? Seams no further discussion 22 very upset about other people using their neighborhood 22 please, vote Comm~ssmner Kelth would you repress your 23 roads to get to a commercml establishment 23 button for me I had the same problem Mine thdn't 24 MR SALMON And I would agree I think 24 funcnon e~ther 25 if you apply this map evenly to all developments you'll 25 COMMISSIONFR KEIm I haven't voted Page 146 Page 148 1 avoid that particular seenarto for the sample reason -- 1 COMMISSIONER RISHEL oh, I'm sorry 2 actually I was -- that's about the tune I came to work 2 COMMISSIONER KEITH Can I make 3 here and part of the problem with that particular -- 3 COMMISSIONER RISHEL That wasn't my 4 COMMISSIONER RISHEL Are you blaming that 4 problem Discussion is over, Mr Kerth 5 on somebody else -- that's okay 5 COMMISSIONER KE1TH I know discussion ts 6 MR SALMON NO What I was just going to 6 over 7 say ts part of the problem with that particular connection 7 COMMISSIONER RISHEL Yes, sir 8 was that it was so difficult to get to the mall from 8 COMMISSIONER KEITH Because I haven't had 9 Dallas Drive or 1-35 and that was the only other 9 time to really really look at this, I'd wmh to abstain 10 connecUon that tt was overly used If this concept is 10 COMMISSIONER RISHEL coimmsslonar Kelth, 11 used appeopnately end evenly, then there shouldn't be one 11 it's tame to vote 12 connection through a neighbor ~- I mean, there should be 12 COMMISSIONER KEITH I said I wish to 13 more than one connect, ton end easy convenient access to a 13 abstain 14 shopping lnal.1 14 COMMISSIONER RISHEL Mr Snyder, would you 15 In that partmular instance it was just a 15 go through the abstention qualifications 16 matter of there not being good access to begin with and 16 MR SNYDER This happened at a prior 17 the best shortcut happening to be through a neighborhood 17 meeting end I looked at the rules And a Colmmsstoner ts 18 But you're right I mean, that's something we do have to 18 entitled to abstam for two reasons, one, conflict et 19 be careful about 19 mterest, which you have to do at the beginning of the 20 COMMISSIONER RISHEL Thank you, Mr 20 meeting by fihng an affidavit And the second one, tt IS 21 Salmon And would you -- I'd hke you to try to field 21 appropriate to abstain, tf you feel you have lack of 22 Mrs Jennmgs concern because I appreciate her hrmgmg 22 mformatton to vote, your rules do allow that So you 23 that up and I know all of us agree with that concern and 23 really need to state that's your reason tf that's the 24 the posstblhty of proximity to things like motion picture 24 reason why you're voting is lack of mformatlon 25 theaters end mails and things hke this that make kmd of 25 COMMISSIONER KEITH That IS precisely why PLANNING AND ZON1NG MEETIN ,ER 19, 2001 Page 145 - Page 148 19 CondenseltTM Page 149 I I would, you know, this 2 COMMISStONKR RISHEL Thank you, 3 Conumssmner Kelth The votes have been cast Lot ~t be 4 noted that the vote was 5 0 and one abstention and a 5 passed -- the Moblhty Plan, Item No 10 on our Agenda 5-0 6 and one abstention 7 (COMMISSIONER KEITH ABSTAIN[NO ) 8 COMMISSIONERRISHEL corRRllSSlonfla's would 9 you be receptive to a break? Aud~once, would you be 10 receptive to a break? Comm~ssloncl's, with no furthor 11 d~scuss~on we'll take ten m~nutes and r~surno at 12 approximately 10 30 13 14 16 17 18 19 20 21 22 23 24 Page 150 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PLANNIlqO AND ZOIqlNG DECEMBER 19, :2001 Page 149 - Page 150 20 ORDINANCE NO AN ORDINANCE AMENDING THE ORDINANCE ADOPTING THE DENTON PLAN 1999- 2020 BY ADOPTING THE CONNECTIVITY COMPONENT OF THE DENTON MOBILI'iY PLAN FOR THE CITY OF DENTON, PROVIDiNG A SAViNGS AND A REPEALiNG CLAUSE, A_ND PROVIDiNG AN EFFECTIVE DATE WHEREAS, on December 7, 1999, the C~ty of Denton adopted the Denton Plan, 1999- 2020, and WHEREAS, the City of Denton Eng~neenng Department recommends the adoption of a ConneeUwty Component to the Denton Mobthty Plan of the Denton Plan, 1999-2020 as particularly described ~n Exhibit "A" whtch is attached hereto and made a part hereof by reference (the "ConnecUvW Component"), and WHEREAS, on December 18, 2001, the Planning and Zomng Commission held a pubhc heanng and recommended approval of the Connect]wry Component, and WHEREAS, the C~ty Council, after a pubhc heanng on January 8, 2002, finds that the adoption to the Connect~wty Component ~s ~n the best interests of the health, safety and general welfare of the cmzens of the C~ty of Denton, Texas, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The C~ty Council has rewewed the ConnecUwty Component and hereby adopts such Connecttv~ty Component as a component to the Mobthty Plan of the Denton Plan, 1999-2020 SECTION 2, All ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are mconslstent or ~n conflict with the terms or provisions contmned in this ordinance are hereby repealed to the extent of any such conflict only The non- conflicting sections, sentences, paragraphs, and phrases shall remain in full force and effect SECTION 3 A copy ofth~s ordinance shall be attached to the Demon Plan, 1999-2020 showing the amendment here~n approved SECTION 4 This ordinance shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED this the __ day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM BY ~/~,~ ' PAGE % Major Freeways Primary Major Alternate ~, · //~ / Primary Major Arterial Seconda~ Major ~ternate Secondaw Major A~enal ~,sting Roads ~~}' '. * Collector {Investigate for , ~ ,' ',* current existing information) - ' Railroads Roa~ Do Not Exist - F~ure ~ ~lsting Roads - Not to Classification Standards Roads Maintained by TXDOT Future Connec~vi~ Roads r  ~ ~ ' ....,..:. :.- . , ,., . ~ : ; ,:-.-, CleF DENTON ~ DECEMBER, 2801 Mobility and Connectivity Plan City of Denton Planning and Development 221 N Bm Denton, Texas 76201 (940) 3~9-835~ ~.ci~yofdenmn.com 1-7250 AGENDA INFORMATION SHEET AGENDA DATE: Janua_ry 8, 2002 DEPARTMENT: Pl~ng Dep~ent C~C~ACM: Dawd Hill, 349-8314 ~ SUB.CT - Z01-0046 (Sohd Waste Admmts~atton Butldtn~ Hold a pu~hc he~ng ~d consider adoption of ~ ordm~ee rezomng appro~ately 4 2 acres gener~ly l~eated no~ of Foster Road appro~ately 300 feet ~ of May~l Road, ~om Agneul~al (A) zoning d~s~ct to a L~t ~dustnal ~I) zo~g d~smct A Sohd W~te A~ms~tion building ~s proposed ~e Pl~ng ~d ~g Co~mn reco~ends approv~ (7-0) BACKGI~OUND The City ~f Denton Sohd Waste department is requesting the rezomng of approximately 4 2 acres from an Agricultural (A) zoning dlsmet to a Light Indusmal (LI) zomng district An 11,000 sq~re foot solid waste admlmstrat~on building is proposed The employees and customers Will have access to the site from Foster Road } The subject property is located in an Agricultural (A) zoning dlmaCt ~' The Denton Plan identifies the subject s:te as a Reg:onal Mixed Use Center area, hox~ever, a c:ty-lmtiated comprehensive plan amendment has been proposed for flus area~ The amendtnent is one of a series of changes associated w~th the proposed Development Code The new proposed land use designation will be Industrml Center Industrial Centers are lntendqd to provide locations for a variety of work processes and work places such as manufactunng, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations Adequate public facflmes shall be a cntenon by which ,zomng is granted In such areas, ex:sting neighborhoods must be protected from incompatible uses and new development must be in accordance and complementar), to the surrounding land uses The proposed development is comparable w~th the Industrial Center deslgnatmn The Planning and Zomng Commission recommended approval of the comprehensive plan amendment ~' Three (3) property owners were not:fled of the zoning request No responses haxe been received OPTIONS 1 Approye as submitted 2 Approye wath conditions 3 Deny1 4 Postpo3ae consideration 5 Table item P&Z SUGGESTED RECO~/llgNDATION The Planning and Zomng Comm,sslon recommends approval (7-0) of tins zoning request wath the following conditions 1 A site plan, per Sec 35-123 of the Code of Ordinances, shall be approved prior to development ESTIMATED PROJECT SCItEDULE The subject property is not platted and would need to be platted pnor to any de~ elopment PRIOR ACTION/REVIEW The following is a chronology of Z01-0046, commonly known as Sohd Waste Administration Building Application Date - November 12, 2001 DRC Date - November 15, 2001 P&Z Date - December 5, 2001 FISCAL INFORMATION As a form ofmffil development, no extension of pubhc infrastructure is necess~try to service this site ATTACFIMENTS I Plamung and Zoning Conumsslon Report, December 5, 2001, Z01-0046 2 Planmng and Zoning Commission minutes from December 5, 2001 3 Draft Ordinance Prepared by 'l~eborah~lera, AICP t Planner II Respectfullx sul~rmtted. l~uglas fi' Po~ ell, AI Director of Planmng and Development 2 ATTACHMENT 1 Agenda Number - 0 ~ - 00~ ~ Agenda Item - ~9 Date- 124)5 01 SOLID WASTE ADMINISTRATION BUILDING (Z01-0046) PLANNING & ZONING STAFF REPORT PURPOSE Hold a pubhc hearing and consider making a recommendation to C~ty Council regarding the rezomng apprommat¢ly 4 2 acres fi.om an Agricultural (A) zomng d]stnct to a L]ght Industrial (LI) zomng dlsmct The property is generally located north of Foster Road apprommately 300 feet east of Maylull Road A Sohd Waste Adrmm~t~atmn bmldmg Ls proposed I '! " - - ,I TREATMENT PLANT RD · [~ ! [ Pe =an Creek Wat~Ii C ? LI · ' ~ ~ty ]~1 ~ LOCATION & ZON~G M~ ~PLIC~T ~O~TION Apphc~t C~ of Denton, Sohd W~te De~ent SUMMARY OF ZONING REQUEST The city of Denton Solid Waste depaztment is requesting the rezomng of apprommately 4 2 acres fxom Agricultural (A) zoning dtsmct to L~ght Industrial (LI) zoning dlstnct The subject site ts located north of Foster Road approyamately 300 feet east of the intersection of Mayhtll Road and Foster Road An 11,000 square foot solid waste admtmstratton butldmg is proposed Even though the mty government acttxaues are exempt from the zoning regulations, it ts the mtentton of the Sohd Waste depar~nent to comply w~th all apphcable codes and regulatmns Agncultural zoning dmtnct abuts the subject rote along the north and west propero/hnes whde hght industrial zomng dlsmct abuts the property along the east side and across Foster Road The C~ty owns the ma3onty of the parcels east of Mayhtll Road and between Edwards Road and Treatment Plant Road and currently is m negotmtmns wtth the rematmng property owners to purchase their propemes The proposed hght mdusmal zomng demgnatlon will umfy the predominantly hght mdastnal zoning d~smct tn the vmtmty and wall allow complementary uses to the landfill and water treatment plant to be developed COMPREHENSIVE PLAN ANALYSIS The Denton Plan ~dentffies the subJeCt rote as a Regtonal M~xed Use Center area, however, a clD-nntlated comprehensive plan amendment has been proposed for thts area The amendment is one of a senes of changes associated wth the proposed Development Code The new proposed land use demgnation ~x~ll be Industrial Center Industrial Centers are intended to provide locatmns for a variety of work processes and work places such as manufactunng, warehousmg and d~stnbutmg, ~ndoor ~md outdoor storage, and a w~de range of commercml and ~ndustnal operaUons Adequate public facthtles shall be a criterion by which zomng is granted In such areas, ex~stmg nmghborhoods must be protected from ~ncompatible uses and new dex elopment must be m accordance and complementary to the surroundtng land uses The proposed~development ~s compatible vath the Industrial Center demgnatmn SPECIAL INFORMATION 1 Transportation A Trip generatmn Approxnnately 90 employees ~1 tmhze the proposed office Based upon the Institute of Transportation Engineers Tnp Creneratlon Manual, appmxtmately 325 trips w~ll be generated from the proposed famht> B Access Of:rice employees an:l vis,tots vail have access to the s~te from Foster Road while refuse tracks will have access to Treatment Plant Road Foster Road and Treatment Plan Road are classified as local streets These streets are designed to be two (2) lane undivided streets vathout parkang, proxadmg t~o (2) lanes of through traffic As such, their designed traffic capacity allow for a tolerable ~xaffic flo~x of up to 9,100 trips per day No traffic counts are available for these roads It ~s antic~pa:ed that ~dequate road capacity ~s available C Pedestrian Link.es S~dewalks a~ong all l~ublic streets are required 2 Utilities Both samta~, sewe~ and water are avmlable and adequate capactty to service the proposed dex elopmem em 3 Drainage and Topography New development w~l be required to design and construct a drainage system to c~ty standards 4 S~gns As per the s:gn ordinance 5 Landscaping The c~t3.' lan,Will and related act~wt~es are exempt from the Landscape Ordinance However the subject s~te encompasses Environmentally Sensitive Areas (ESA's, upland habitat) The s~te has been designed to m~mrniTe the ~mpact on the ESA 6 Open Space Commercial dex elolmaent ~s not reqmred to participate ~n the development of pubhc recreational areas 7. L~ghtmg L~ghtmg on the progeny should be designed and maintained so as not to sbane on or otherva~ chsturb sm:round;ng residential property or to sbane and project upward to prevent the dxfft~on mU the mght sky Tlus requirement can be written rote the ordinance as a cond~t~o:: of approval 8 Environmental Quaht3 Impacts No negative environmental nnpacts have been ~dentlfied PROPERTY HISTORY January 14, 1969 - The subject property was placed in the Agricultural (A) zoning district and land u.~ classtfieatlon by Ordinance 69-01 The subject property is not platted and would need to be platted prior to any development PUBLIC, NOTICE Notice of the zoning request was published in the Denton Record-Chronicle on November 17, 2001 Three (3) property owners w~ttun two hundred feet were mailed legal notices and fifteen (15) residents wltlun five hundred feet were sent courtesy notices informing them of the request (Enclosure 1) As oftlus writing, there have been no responses No ne~borhood meetmg was held ANALYSIS & RECOMMENDATION The proposed light industrial zomng designation will unify the predominantly light industrial zomng m that area It will also allow activities related to the city landfill and treatment plant to take place. Therefore, staff recommends approval of Z01-0046 w~th the following condition 1 A site plan, per See 123 of the Code of Ordinances, shall be approved prior to development MOTION I move to recommend approval of Z01-0046 with the following condition 1 A site plan, per Sec 123 of the Code of Ordinances, shall be approved prior to development 1 Rezom~end approval as submitted 2 Recommend approval w~th condxt~ons 3 Recommend d~mal 4 Po~one cons~demOon 5 Table ~em ENCLOSES 1 20~' ~ope~ Omer Noaficatmn Map 6 Enclosure I SITE ~lot~cation I - Noflfimtion I I ~TiFiCA~ ~ 'ION M~ I ~ 200' Legal Notices sent via Certdied Mail 03 500' Courtesy Nottces sent wa 1" Class Mail 15 Number of responses to 200' Legal Nottce · In Opposition 0 · In Favor 0 · Neulral 0 Percent of land w~tlun 200' m opposition 0.00 % Attachment 2 mvlow~d to sgo If it is at~lmle That 18, if it ~ m addmonal p~e of mfo~aUon I ~dn't mmt~on ~h~ ; d~clo~ pn~ ~ ~ ~ ~ going m~ aff~t ~ held on Nov~ 2 · e p~ ~ ~ ~en~ m ~t for Stuff finds ~ ~ ~ co~ ~ ~d~al us~ and 4 ~e ~nmn 5 5 6 h ~s ~ n wo~d ~ ~ 6 xh~ ~s a c 7 7 , s~ tt? 8 Ix 8 oh, yes I 9 cmous tt ~ ~t m ~o I 9 ~t S~ff p 10 lc gomg ~ I0 con&~on, ~at ~e prior ~ 11 hve ~ fo~ 11 35-123 of ~ C~ of 12 ~t ems ~ lot ~ not just ~n 12 ~n Zomng 13 ~ n~l f~ )~ It'sl 13 ~e~ and access 15 buys w~ It So I 15 ~ ~acc 16 ~ ~l~s ~'s ~ 16 Once again, 17 m fac[ : ~ &d I ~nk 17 ~at I call~ 18 - I wa: 18 for or t Any 21 He ~8 a ~ll 21 COMMI~IO~ RISHEL I ~v0 ~I~IO~H %o~, I don't know w~eh Co~ssion~ M~o point m ~ so~ m ~mg ~ ~omo of ~t lot ~ make a motmn Page 84 going ~ ~ p~l ~ 2 COMMISS[O~ HOLT MoBon ~SO~nW~ ~ I m not ~Hy s~ 3 COMMI~IONERRISHEL ~Mnk you 5 5 COMMI~IONERMULROY M~camo~on for 6 m~, 6 approval mclus~ve of ~ s~tc plan con&~on 7 7 COMM[~IO~ HOLT ~ond 8 fence on fl: l BpOl %~h ~ ~ I 8 ~MMI~IO~ RISHEL It's b~n mov~ by 9 9 ~SSlOn~ Mukoy and ~ond~ by ~lSS~On~ Holt An 10 ~ssi0n~ 10 ~ &scussmn, co~en~? S~ng none, pl~se vote 11 ~ss~0n~ HolL 11 Morton c~ 7 0 12 ~lo~ I'm ~dy f~ a 12 ~ ~ sov~al p~plc ~t I s~ m ~c 13 moron 13 au&~co ~at m~t ~ cmous about I~ No 12 on o~ 14 ~ts ~s a 14 A~nda I just wan~ to make ~c co~t ~t I~ No 15 pubhc h~ so ~k 15 12 was not a pubhc ~nng It was a discussmn so I 16 for or agams~ ~s ~ ~o 8c r ~nda, would 16 ~ust m~ ~t cogent 17 ~c~ 18 again, ~s Is 18 one mo~ 1~ on o~ ~ls~ng ~nda, w~ch ~H k I~ 19 s~for ono~ you 19 No 9 and ~ ~'H ~o a h~le b~k b~o~ &scmsmg 20 wo~d ~ 20 I~ No 10, which is a pubhc ~ng also So I~ No 21 and ~c no one -- ~ Is 21 9 on o~ ~nda ~s hold a pubhc h~ng and consld~ 22 m~Ing a ~o~en~tlon to ~ CIW Co~cll ~ng ~ ~ ~c~ w~d 23 ~omng of approx~a~Iy of 4 2 ac~ ~om an co~? 24 a~cffi~al A ~mng dis~ct to a b~t mdus~al LI ~ O~. I ~ ~ ~ ~VO one 25 zoning ~s~ct PLA~G A~ ZO~G ~E~O 5, 2001 8 Page 81 - Page 84 Cond~nseltTM Page 85 Page 87 I The property is generally located north of I moving the residential operation from our service center 2 Foster P.~ad approxmaately 300 feet east of Mayhill A 2 into this proposed building So that would add 3 City of l~'nton Sohd Waste Admlnlstratlen Building is 3 approximately 35 n~v employees that would come out to this 4 proposed, and Ms Viers will present 4 facthty that aren't currently operating out of this site 5 MS V1ERA Good evening, Commission Tile 5 COMMISSIONER R[SHEL Commissioners, any 6 Sohd W~ Department is requesting this zoning change 6 further questions of Mr Kcmler? Cornnussiooar Roy 7 for 4 2 ac:ms from agricultural zoning district to light 7 COMMISSIONER nOV YeS On Foster Road, ~s 8 mdustrmL The site IS located north of Foster Road 8 that a, I guoss, a parking lot to the west -- excuse me 9 approxmaately 300 feet east of Mayhill Road 11,000 9 the east -- where's the parking lot? 10 square foot bmldmg has been proposed to accommodate the 10 M~ KEMLER Tho proposed bullthng la right 11 administrative and customer service uses of Solid Waste 11 here We will have customer and omplo3n:e parking, visitor 12 To give y~ou a httle bit more mforrflation abotlt that area 12 parking here We wdl hove employee parking her~ and 13 right now the City owns most of the parcels of that area 13 curreutly we have truck parking m this area, so we're 14 close to ~ water treatment plant and landfill, and is m 14 going to pave a larger paved parking lot and put, you 15 the process to acquire, I believe, the three remammg 15 know, sohd waste trucks on this parking lot 16 parcels a~acent to this specific site 16 COMMISSIONER ROY SO I vlsuahz~ a lot 17 The Comprehensive Plan analysis is 17 mom people conung down Foster Road and when I vis,ted 18 Identify.ag thc lot or the parcel as a regional mixed use 18 this site, I wont too far and I had to stop because of the 19 center, however, City Council have directed staff to 19 gate there, and there was no place to turn around Are 20 initiate a Comprehensive Plan Amendment to designate that 20 you going to have a turn around there or how is that going 21 area as an Industrial Center Tonight further on m the 21 to be improved? 22 evening you will be considering that amendment as well 22 COMMISSIONER RiSHEL Mr Kessler, would you 23 'The traffic generation, according to the 23 move your dernoustrat~on a httl¢ bit further up tho 24 mf'ormat~On provided to staff approximately 90 employees 24 monitor and we'll get a little bit higher on the - at 25 will be v,,narkmg on this site and according to our 25 least, I'll be able to sea it All of my counterparts Page 86 Page 88 1 ealeulat:or~, that may generate up to 325 raps AH the I have much better momtors than I have 2 employees and customers wdl have aceass on Foster Road 2 COMMISSIONER Y. EITH Mr Chau'raan, could 3 .As a part of thn preens wn not~fied throu 3 you have them focus down a little more9 Thank you 4 prope~y onaumers m that area and no responses have b~n 4 COMMISSIONER ROY Are you going to change 5 recened Aecerdmg to staff, the proposed hght 5 the entranceway there to the -- 6 mdusmul ~lguauon is oompatthhi with the adjacent 6 MR KEMLER We will do some changes, bat 7 usus, will ~ that area and also allow to havu as~ 7 let me say that Foster Road Is not -- will not be a public 8 compatthle :to tho lundfill and water treatment plant So, 8 road It is a private drive We will have an entry gate 9 ttm'eforu s~;aff is r~ommenthng approval 9 In this area, and so there will be no public traffic, i0 coM.xttSSIOh'~a alSi{E~. ?hank you, Ms %ara 10 because It's no longer a public road We own all of this 11 It the peumuuer ~ - would hke to make a 11 development So if someone accidentally drives into the 12 prusentat;o~? And, once again, if you would g~ve as your 12 area, they will be able to turn around m the large 13 name and :~rlclt~ss 13 parking lots designated for visitor parking 14 ~ r.~4LBI~ oecd evening I'm Vance 14 COMMIgSIONER ROY Thank you 15 Kemler I m the dustier of Sohd Waste for thn City 15 COMMISSIONER RISHEL commissioner Powell 16 I'm ruptesemtmg th~ dopurtmunt and we are requustmg 16 COMMISSIONER POWELL CUriosity question, 17 rezonmg for tho propmty that the City currently owns and 17 sir, just curiosity Why did you go for light industrial 18 it :s adjacmt to tho landfill This wdl allow us to 18 when It's an office building and not something else and 19 consohdate our sohd waste op~at:ons Cur~ntly, on the 19 not office or commercial or something9 It doesn't seem 20 landfill, wu ]aa,n: uuhz~d all of tim herons which have 20 industrial, and It's only a curious question 21 previouslyb{y..'npurehasedbythnClty Andw~are-- 21 COMMISSIONERRISHEL Ithinkh~a· Relchhart 22 currently horv~ our customer ~ulatwns p~ople, landfill 22 might want to comment on this 23 p~ople and our cemmereml operations housed or off, ced in 23 COMMISSIONER POWELL Not trying to make 24 homus wlu~a we would hko to tear down and move ~ rote 24 mountains out of molehills here 25 a new COm"r~eclal offiea bmldmg And we w{ll actually be 25 COMMISSIONER RISHEL Good question PLANNING AND ZONING MBETINO DECEMBER 5, 2001 9 Page 85 - Page 88 CondenseltTM Page 89 Page 91 1 MR REICHHART NO But it is -- it will I COMMISSIONER RI~JHEL From original ground 2 be m keeping with the landfill, and m order just to -- 2 level? 3 with the future master plan for this whole area with thc 3 MR KEMLER Yes 4 landfill and the potential to get industrial users, I 4 COMMISSIONER RISHEL Even though the 5 believe they use the waste product from the facility out 5 mountain of dirt may be 25 foot high 6 there and such that light industrial at flus tune also 6 COMMISSIONER KEITH I was Just kind of 7 facilitates the parking of the vehicles end the whole 7 curious Thank you for answering the question, sir 8 future dasignat~on for out hem We could have just done 8 COMMISSIONER IUSHEL Any further 9 a small little spot zone of office, but the majority of 9 questions, Comnussleners of Mr Kemlcr9 Commissioner I0 the property to -- that we're not looking at -- we're not 10 Holt 11 looking at flus entun site here for rezomng tomght 11 COMMISSIONER HOLT O~ flus map, on flus 12 Some of it is already zoned light industrial 12 small site map, it shows -- how far is it off of Maylull9 13 So in order then to combine the properties 13 MR KEMLER Approximately 300 feet to the 14 together also, I mean, it's better to have the parcel 14 actual parcels that we're talking about 15 under one zoning district as opposed to part of it office, 15 COMMISSIONER HOLT Okay And it looks 16 part of it light industrial because they will be 16 like there's a large tree, a bunch of trees out there Is 17 replatting flus rote one lot 17 that all -- what is the land from the site to Mayhlll, do 18 COMMISSIONERPOWELL Thenk you very much 18 weownthat9 Does the Clty own that? 19 COMMISSIONER RISHEL Aren't you glad Mr 19 MR KEMLER We own all of the property 20 Reichhart answered that for you? 20 from -- well, this is the landfill property and going from 21 MR KEMLER I S~ am 21 Mayhlll to Spencer and beyond, most of flus is owned by 22 COMMISSIONER RISHEL comrmssioner Keith 22 the City with the exception of a small parcel, or I think 23 COMMISSIONER KEITH Thank you This IS 23 they actually call it three parcels owned by a Chavez, and 24 Just a question, inquiry What's the life of flus 24 we are negotiating to purchase that property 25 landfill? 25 COMMISSIONER HOLT what's the long-term Page 90 Page 92 I MR KEMLER The life depends upon several 1 plan for, like, all of this trod area and all of that up 2 factors Part of it IS, you know, the growth Part of it 2 into Mayhdl9 3 is how much utihzation of the space that we use based on 3 MR Z~ML~.R. All of th~s tree area? 4 whether we go to recycling and other methods of solid 4 COMMISSIO~IER HOLT Rlght Ith huh 5 waste management But we're looking m the vicinity of, I 5 MR KEMLER~ Let's Sec The property in 6 believe, potentially as it stands now about 2034 to 2038 6 this a~a was purchased by the City and it was an old 7 And with some new technologies that we're looking at it 7 mobde home park So you'll sec some trees in the area g will prohably be longer than that And even if the 8 We are - have been ]mprowng the buffer zones The areas 9 landfill -- actually those employees are about ten 9 that I have placed in g~cn represent, you know, !0 employees 10 landscaping maprovements for our protect We have 11 So most of this operation is actually an 11 substantmlly increased, you know, landscaping, lrec 12 operation to continue on should the landfill close as a 12 placement in a buffer zone around the landfill 13 service center for commercial transportation collection 13 Generally we're aUcmpnng to keep as many 14 and residential collection services So it will tend to 14 ~ as possible or adding trees whe~ appropriate 15 be utihzed in tbe same manner even if the landfill is 15 Because of the previous land use, there's a scatamng of 16 closed m the future This is a long-term industrial site 16 trees m this area, so we vc been adding add~tional native 17 with long-term use 17 species to thc area, a substantial -- I behove in excess 18 COMMISSIONER KEITH HOW dcep are the pits 18 of 500 frees have becn added ~n this area already 19 out there? 19 COM~41SSION'F~ HOLt Thank you 20 MR KEMLER HOW d~p Is what9 20 COMMISSIONER RISHEL Any further 21 COMMISSIONER KEITH YOU'Ve gOt that mound 21 quesaens, Comaussieners? Mr Ktnnler, is there any future 22 of drrt Certainly, it dug that out, correct? 22 plans -- as I occasionally have to take loads to the 23 MR KEMLER Let's see I don't remember 23 Lcwisvdle Landfill because they're not comparable for our 24 exactly tho depth, but we're looking at about not quite 40 24 landfill, and I apprecla~ that, Is them any futom plans 25 feet deep for the soil excavation 25 for this landfill ta ha~e any gasification hke they have PLANNING AND ZONING MEETING DECEMBER 5, 2001 Page 89 - Page 92 l0 CondenaeItTM Page 93 Page 1 at the l-,6Wlsvllle Landfill with Waste Management? this meeting, December 5th, 2001 of tho Planning and 2 Ma miMt. ml ¥~, str We am looking in Comnussion for tho City of Denton 3 tho near flltom at, you know, going with a bio-reactor Wo left off on about to tackle Item No 4 technology and that will slx:ed up gas production I spoke our Agenda for this evening Item No 10 is 5 today with tl~ waste water people about tho possththty of 5 6 taking that gas generation and uulmng that as a f~el to 6 to Clt r~garthng 7 use in tho waste water trtatment plants adjacent to us 7 based on 8 As a secondary use, w~ could pipe that to tho power 8 9 ganeraUon facility up on Spencer So -- 9 ! Denton l 0 COMMISSIONP~R RISHEL whether v~ owned it 10 Mx 11 or someone else owned it, it's adthtaonal income to our 11 Comprehensive Plan but not limited to 12 community Okay Thank you very much Comrmssioner 12 I will not read 13 Kc:th 13 through those Mx 14 COMMIaSlONffRKEtTH lhenk yOU IJust 14 you And we will go 15 want to say thnnk you fur planting thn trtes You Just 15 throug The front page of 16 made a curd-canymg tr~ hugger down hnro vary happy 16 : areas that we 17 COMMtSSlONlmRIaHEL conmussloner Ko;th, 17 will be vsnaat I h 18 if we could make our comments addressed to tho whole 18 19 Commission, I trunk it would be mort apprtpnate Thank 19 associated ~ 20 you, Mx Komlcr, appr~ciate your presentation Th~s 20 of areas ~ 21 is a pubh¢ lzanng And anyone who would hko to either 21 22 speak for or against Item No 9 on our Agenda, :f you And we're goml 23 would com~ forward Anyone for or against Item No 9 on ~ at this tame with th, 24 our Agenda? Tlns is a pubhc hearing and anyone who would The first one is considered Houston Place 25 hk¢ to speak either for or against Item No 9 on our And as I put these graphics up, th~ eno on tho left will I Aganda, please come forward at this tuna be the existing as it is cttrrently lnthcated m the land 2 Seeing no eno whn would ~e W ~me ~e ene en ~e n~t ~s what Ws 3 fo~ard and sp~k on I~ No 9, I ~11 close ~e pubhn ~t now, 4 h~nng Since ~ ~ve ~d no sp~s, ~ ~ ~ve no ~d d~ng wh~ 5 ~bu~l, and I wi~ ask Ms V~a ~ do ~ closing 5 ~s a~ is mHy a v~ h~wly 6 student 6 dc~n~ ~at a 7 MS ~ Smff~o~ds approval of 7 8 Z 01 ~046 ~ ~ fo~o~ng con&tton, a s~ plan for 8 ~ a 9 S~tion 123 of ~c ~nmg ~c of ~nanc~ s~ bo 9 na~borho~ 10 apprtvM prior ~ d~olopm~t 10 ~o ' and ~t's a 11 ~MMI~IO~ ~SHEL T~ you 11 s~d~ simatmn 12 ~m~sslon~ Appl~ 12 Umv~s~W and a is proposM to 13 ~MMISSIO~PLE l'm~dy~move 13 And, again, 14 ~MM[~IO~ ~SHEL Moro, pl~se 14 a ~s a v~ [ ~t 15 ~MMISSIO~ ~PLE I move ~ ~o~end 15 provide ~o ad&~onal 16 approval of Z~ 1 0046 wi~ ~c cond~on as ~o~end~ 16 going 17 ~MMISSIO~ ~oY ~ond 17 l~mc 18 ~MMI~IO~SHEL a's b~n movM by 18 , before 19 ~lsslon~ Apple and s~ond~ by ~lsstoa~ Mu~oy 19 m~nt ~ ~ 20 ~y ~ questtons ~ dlscussmn? ~mg none, pleat 20 ~nk I ~ow 21 vo~ Me,on c~ 7-0 ~at was ~ nm~ 1~ on o~ 21 ~t t ~vc a 22 ~ Wc ~ ~ about a 15-~nu~ b~ and ~ w~H t ~'~ l~ng at dcmd-w~sc 23 ~c at 8 30 and p~ck up ~ I~ No 10 on o~ ~ 24 ~ m~ ) ~roposah ~t you had put fo~ h~ ~de It v~ 25 ~ ....................... t~ ...... v,,..,,~ ~ und~nd end ~c s~ff thd a ~t job m pu~mg PLA~G A~ ZO~G ~G 5, 2001 I q Page 93 - Page 96 Attachment 3 ORDINANCE NO AN ORDiNANCE OF THE CITY OF DENTON, TEXAS, PROVIDiNG FOR A ZONING CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO LIGHT iNDUSTRIAL (LI) ZONiNG DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 4 2 ACRES OF LAND GENERALLY LOCATED NORTH OF FOSTER ROAD APPROXIMATELLY 300 FEET EAST OF MAYttILL ROAD AND DESCRIBED AS TRACT 45 OF THE G WALKER SURVEY, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z01-0046) WHEREAS, C~ty of Denton initiated a change in zomng for approximately 4 2 acres of land from Agricultural (A) zomng d~stnct classification and use designation to L~ght Indusmal (LI) zoning district classification and use designation, and WHEREAS, on December 5,2001, the Planmng and Zomng Commission concluded a public heanng as reqmred by law, and recommended approval of the requested change ~n zomng, and WHEREAS, the City Council finds that the change m zomng ~s consistent with the Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zomng d~stnct classfficat~on and use designation ofthe approximately 4 2 acres described in the legal descnptlon attached hereto and incorporated herein as Exhibit A is changed from Agricultural (A) zomng dmmct classification and use des~gnatmn to Light Indusmal (LI) zoning d~stnct classification and use designation subject to the follow~ng condition A site plan as prowded ~n Section 35-123 of the Code of Ordinances must be approved by the Planning and Zomng Commission prior to ~ssuance of a bmldmg permit SECTION 2 The City's official zomng map is amended to show the change in zoning dismct classfficat~on SECTION 3 If any proms~on of this ordinance or the apphcat~on thereof to any person or circumstance ~s held ~nvalld by any court, such mvahd~ty shall not affect the vahdlty of other prowsmns or apphcat~ons, and to th~s end the prowsmns of thru ordinance are severable SECTION 4 Any person violating any prows~on ofth~s ordinance shall, upon conwctlon, be fined a sum not exceeding $2,000 00 Each day that a provm~on ofth~s ordinance ~s wolated shall consmute a separate and dmt~nct offense 12 Page 1 of 2 SECTION 5 That tlus ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the C~ty Secretary ~s hereby d~rected to cause the captmn of thru ordanance to be pubhshed twine m the Denton Record-Chromcle, a dmly newspaper pubhshed ~n the C~ty of Denton, Texas, w~th~n ten (10) days of the date or,ts passage PASSED AND APPROVED thru the day of ,2002 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY 13 Page 2 of 2 Exhibit A All that Certain tract of land situated in the Gideon %Valker Survey, Abstract Number 1330, Denton County, Texas, being all of a certain called 4 acre tract described in the Deed to City of Denton recorded by County Clerk's File Number 96-R0021132 of the Real Property Records of said County, and being more particularly described as follows: BEGINNING at the Southwest corner of the tract being described herein at a ½' iron rod found for corner at the Southwest corner of said 4 acre tract in the North hne of a road under apparent public use posted as Foster Road; THENCE North 00 Degree 30 Minutes 00 Seconds East a distance of 417.42 feet to a ½~ capped iron rod set for corner; THENCE due East a distance of 417.37 feet to a cross rte fence post for corner, THENCE.South 00 Degree 30 Minutes 00 Seconds West a distance of 417.42 feet to a ½' iron rod found in the North line of said Foster Road; THENCE due West u Distance of 417~7 feet to the PLACE OF BEGIN~mflNG and containing in all 4.00 acres of land more or less. 14 AGENDA DATE: January 8, 2002 DEPARTMENT' Planning & Development CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT A01-0006 (Crawford Road-Schrader Annexation) Z01-0028 (Crawford Road-Schrader Zoning) a Consider adoption of an ordinance on second reading to voluntarily annex approximately 2 67 acres of land generally located north of Crawford Road, east of Interstate Highway 35W and west of John Paine Road, in the City of Denton Extraterritorial Jurisdiction The Planmng and Zomng Commission recommends approval (6-0) (A01-0006) b Hold a public hearing and consider adoption of an ordinance zoning approximately 2 67 acres of land generally located north of Crawford Road, east of Interstate Highway 35W and west of John Paine Road, in the City of Denton Extraterritorial JurlsdlcUon The Planning and Zoning Commission recommends approval (6-0) (Z01-0028) BACKGROUND A voluntary annexation proceeding is being considered by the City of Denton for the Crawford Road- Schrader annexation In accordance wath the City's annexation policy plan, approved m June 1993, the City wall "access on a case by case basis" the annexation of areas in the ETJ when significant developments are proposed } On November 6, 2001, City Council considered adoption of the annexation ordinance on first reading No one spoke at the reading ~ On October 10, 2001, the Planning and Zomng Commission held a public hearing and made a recommendation to City Council to approve the proposed voluntary annexation, service plan and proposed zomng to an Agriculture (A) zoning district The Agriculture zoning district is the most mstnctwe district and wall preserve the general conditions of the site, until the City finishes the cltywade rezonmg efforts that began in February 2001 The Agriculture zoning district is typically used as the first zoning district a property receives upon annexation into the city limits ~ On October 9, 2001, City Council held the second of two public hearings to consider this voluntary annexation and service plan No one spoke at the pubhc hearing ~ On October 2, 2001, City Council held the first of two public hearings to consider this voluntary annexation and service plan No one spoke at the pubhc hearing } On June 16, 2001, 1-35 and Crawford Road Partners submitted a petition for the voluntary annexation of 2 67 acres to the Planning and Development Department The total site ultimately proposed for development is approximately 7 6 acres ~' The 2 67 acres being considered for annexation is located in the extra temtorlal jurlsdmtlon, is not zoned at th~s time and is undeveloped at this time The property owner is proposing a neighborhood retail serwces center for the entire 7 6 acres Some uses ldentffied include retail shops, restaurants, professional offices, bakery, gasoline, and other retail conveniences A public facility, possibly a library or fire station is also being consxdered )' The Comprehensive Plan ldentffies this property to be within the "Neighborhood Centers" area and the Draft Environmentally Sensitive Areas Map shows that the property lies within the Cross Timbers Habitat Area This property is not affected by the 100-year floodplain The proposed zoning designation under the Development Code is Neighborhood Center M~xed Use (NCMU) This zomng designation allows a mix of more intense housing types and also provides supportive commercial uses for the surrounding neighborhoods After the annexation of the subject property, any development should be in comphance with the regulation included in the City of Denton Code of Ordinances, including but not hmlted to zomng, subdivision and land development regulations, parkland dedication and landscape )~ Five (5) property owners were notified of the voluntary annexation request No responses have been received to date ~ Once annexed, the property will be zoned Agriculture (A) The Agriculture zoning district is the most restrictive district and w~ll preserve the general conditions of the site, until the City finishes the cltywlde rezomng efforts that began in February 2001 The Agriculture zoning district is typically used as the first zoning district a property receives upon annexation into the city limits OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item Separate motions are required for each action RECOMMENDATION The Planning and Zoning Commission recommends approval (6-0) of thc annexation request and recommends approval (6-0) of the zomng request ESTIMATED PROJECT SCHEDULE The annexation process is scheduled to be completed by January 8, 2002 PRIOR ACTION/REVIEW As this property is located in the ETJ, development would be subject to only the City's subdivision regulations, but not any zomng regulations The following is a chronology of A01-0006, commonly known as Crawford Road/Schrader Annexation Petition for Voluntary Annexation June 16, 2001 2 1st CC Public Heanng October 2, 2001 2"a CC Pubh¢ Hearing October 9, 2001 P&Z Pubhc Hearing October 10, 2001 1st Rea&ng of Ordinance November 6, 2001 2nd Reading of Ordinance January 8, 2002 FISCAL INFORMATION Development of this property w~ll ~ncrease the assessed value of the c~ty It wall require no short-term pubhc improvements that are the respons~blhty of the city ATTACHMENTS 1 Location Map 2 Annexation Schedule 3 Annexation Ordinance 4 Zoning Ordinance 5 October 10, 2001 Planmng and Zoning Commission M~nutes Prepared By tff(dra DenSe Ragland, ~klQP Small Area Planning Manager Respectfully submitted l~uglas ~/Powell, AIC1~ ' D~rector of Planmng and Development 3 ATTACHMENT 1 A-01-0006 Crawford Road-Schrader LOCATION MAP Scale None ATTACHMENT 2 ANNEXATION SCHEDULE OF Crawford Road-Schrader Annexation Area (A01-0006) Tuesday, October 2 City Council Conducts first public hearing Wednesday, October 10 Planning and Zoning Commission public hearings - make a recommendation to City Council regarding the proposed annexation and the proposed zoning Tuesday, October 9 City Council Conducts second public hearing Tuesday, November 6 First reading of annexation ordinance - City Council by a 4/5th vote institutes annexation proceedings Sunday, November 11 Ordinance published in Denton Record Chronicle Tuesday, December 18 Second reading and adoption of annexation ordinance and public hearing for zone change request - City Council by a 4/5th vote takes final action on annexation City Council by simple majority vote takes final action of zone change request ATTACHMENT 3 OFd)~ANC~ NO AN Olt. DINANK~ OF ~ CITY O~ ~, ~XA$, ANNEXING APPROX~^TELY 35W AN~ ~ OF ~ PA~ ROAD~ ~ ~HE ~ OF NU~ ~. ~ ~, ~X~S, A~MD ~EING PART OF THE CA~ 7 AC~ T~&CT D~ IN ~ DE~ ~OM ~ LONGHO~ ~. L,L,C. TO l- A S~ ~N ~ ~ ~ ~ROP~TY~ PROV~D~ A SEV~RAB~LffY ~, l~bl~ h~nl~ w~r~ Mid m th~ Co~.moll Chmbm ~ ~obe 2, 2~t, aM d~0~t ~t wt~ ~ D~ P~, NOW, T~ EREFORE. inco~o~ ~~. ~s ~ m, ~ City of ~n~ F~x~ which ~ ~r ~ ~mofi of ~lolpat ~w~s to tP~ mm~ p~y, ia ~ved ~ 6 the Ci~ of ~'~ ~e~ ~ ~x, the sm~e ,s h~y exclc~ ~ t~ t~o~ SE~!ON 4: ~ts ~ma~ sh~ b~e effml~ ~i~ely upon i~ p~sage ~d P~S~ ~ ~PPROV~ ~ ~e .... day o BROCK. MAYOR ATTEST: /I~N~]~. WALTERS, CITY SECI~TA~Y BY: r BY: 7 EXHIBIT "A" All that certain tract of land sauated in the E P~zano Survey, Abstract Number 994, Denton County, Texas, and being part of the c~lled 7 597 acre tract described in the deed from One Longhorn L~d, L L C, to 1-35 Crawford Road Partners recorded by County Clerks file Number 98-R0077377 Real Property Records of Denton County, Texas and being more pm'tmul~rly described as follows BEGINNING at a point for the Northwest corner of the here~n described tract of land, stud point also being the northwest comer of smd 7 597 acre tract, THENCE South 00 Degrees 37 Minutes 35 Seconds West w~th the East hne thereof, a d~stance of 458 89 feet to a point for the northeast comer of the called 0 378 acre tract described m the deed from Leslie B Moorman to Mary Ahce Moorman recorded ~n Volume 924, Page 890, Deed Records, Denton County, Texas, THENCE North 88 Degrees 57 M~nutes 53 Seconds West w~th the North hne of stud 0 378 acre tract a distance of 92 56 feet to a point for the Northwest comer of smd 0 378-acre tract, THENCE South 01 Degrees 18 Minutes 12 Seconds West with the West hne thereof a d~stance of 149 73 feet more or less to a point for a comer on the North hne of Crawford Road, THENCE West with the North hne of stud road a distance of 293 94 feet more or less to a point for a corner, THENCE North 30 Degrees 27 Minutes 35 Seconds East along the ex~stmg Denton mty limits hne established by Ordinance Number 74-36, a d~stance of 702 75 feet more or less to a point for the Northwest comer, THENCE South 86 Degrees 46 Minutes 04 Seconds East with smd North line, a d~stance of 38 70 feet to the POINT OF BEGINNING and contmmng 2 67 acres of land more or less EXHIBIT "B" CITY OF DENTON SERVICE PLAN FOR A01-0006 (Crawford Road-Schrader) AREA ANNEXED The annexation area is located ~n the southwestern port~on of Denton's Extraterntorml Jurisdiction and contmns approximately 2 67 acres of land generally located north of Crawford Road, east of Interstate Highway 35W and west of John Paine Road II...~.INTRODUCTION This service plan has been prepared in accordance w~th the Texas Local Government Code, Sections 43 021, 43 065, and 43 065(b)-(o) (Vernon 1999, as amended) Municipal facflitxes and services to the annexed area described above will be prowded or made available on behalf of the Cxty m accordance vath the following plan The Cxty shall provide the annexed tract the levels of service, infrastructure, and infrastructure mmntenance that are comparable to the levels of servm¢, ~nfrastmcture, and infrastructure mmntenance available in other parts of the mty w~th similar topography, land use, and population density Ill[ AD VALOREM (PROPERTY OWNER) TAX SERVICES A Police Protection, Code Enforcement, and Animal Control Police service, ~ncludlng patrolhng, response to calls, code enforcement and other routine functxons, will be prowded to the property upon the effective date of the annexatmn usxng existing personnel and eqmpment The C~ty shall prowde a level of serwces, infrastructure and infrastructure mmntenance that xs comparable to the level of services, infrastructure and infrastructure mmntenance available m other parts of the cxty w~th topography, land use and populatxon densxty sxnnlar to those reasonably contemplated or projected xn the area B. Fire Protection and Fire Prevention ' F~re protection and prevention services will be provided on the effective date of the annexation using emstmg Denton F~re Department personnel, eqmpment, and mutual aid agreements w~th Argyle Volunteer Fire Department and Ponder Volunteer F~re Department The City shall prowde a level of services, infrastructure and infrastructure mmntenance that is comparable to the level of services, infrastructure and infrastructure mmntenance avmlable in other parts of the mty w~th topography, land use and population density similar to those reasonably contemplated or projected ~n the area F~re station #7, located at FM 2449 and 1-35 West is approved ~n the 2003 Capital Improvement Program The C~ty of Denton will prowde emergency medical servmes ("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 mamtmned by the C~ty of Denton on the 9 effective date of the annexation Installation and matntenance of street signs, street hghtmg and traffic control devices will be mmntmned by the C~ty of Denton on the effective date of the annexation D. Parks and Recreation Facilities Parks and recreational facflltaes in the area to be annexed will begtn upon the effective date of the annexataon according to the 2000 Parks and Recreation Master Plan No parks are currently located within the proposed annexation area Denton neighborhood park facilities are located wathm 4 85, 4 66 and 4 33 males of the proposed annexation area Resadents of the proposed annexation area wall be able to use ex, sUng Caty of Denton park and recreation facilities and programs E Library Services Labrary services wall be made avmlable on the effective date of the annexation on the same basis and at the same level as samllar library facflltaes are maintained throughout the caty F. Budding Inspections and Consumer Health Services Building inspections and consumer health services wall be made avmlable on the effective date of the annexation on the same bas~s and at the same level as s~mflar facthtaes are moantmned throughout the City Both services are prowded on a "cost recovery' basas, and permit fees offset the costs of serwces dehvered Incomplete constructmn must obtmn bmldlng permits from thc Bmldmg Inspectmns Department of the City of Denton G Planmng and Development Services Planning and development Servaces wall be made available on the effective date of the annexation The Planmng and Development Department currently servmes th~s property by way of adm~mstratlon of Chapter 34 of the Code of Ordtnances, concerning subdlmsmn and land development regulations City Council adopted The Denton Plan, the c~ty's 1999-2020 comprehensave plan, by Ordinance 99-439 on December 7, 1999 The Future Land Use Plan addresses both land an the city and its ETJ, and the subject tracts contmn Neighborhood Centers The Denton Plan designates future land uses to manage the quality and quanUty of growth by organazmg the land use patterns, by matching land use lntenmy wath available infrastructure, and by preserving floodplmns as environmental and open space corradors The Denton Plan wall be used as a basis for final zoning classlficataons after the properties are annexed IV UTILITY (RATEPAYER) SERVICES A Sohd Waste Collection The City of Denton ~s the exclusive resadentml and commercial sohd waste serwce provider in the C~ty The Department is an entirely fee based operation and received no resources from taxes Solid waste collectmn service will be provided to the property 10 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 C~ty of Denton The C~ty of Denton Sohd Waste Department will honor existing contracts w~th private solid waste service providers after the effective date of th~s annexation in accordance w~th Texas Local Government Code, Section 43 056(0) (Vernon Supp 2000) To receive solid waste collection service, the customer must contact the C~ty of Denton Customer Service Office and submit a request/application for service Currently the site contains no residences or businesses B Water/Wastewater Facdit~es The C~ty of Denton has no existing utthty hnes located w~th~n the proposed annexation area The City shall prowde a level of services, infrastructure and infrastructure mmntenance that ~s comparable to the level of servmes, infrastructure and infrastructure mmntenance available ~n other parts of the c~ty with topography, land use and population density s~mdar to those reasonably contemplated or projected ~n the area The desired water and wastewater service options and the phasing of the ~mprovements wall be determined as a part of the land development and platting process The financml responslb~htles for ftmd~ng water and wastewater system ~mprovements to serve the development will be negotmted with the developer and approved by the Denton Pubhc Ut~ht~es Board, Planmng and Zoning Commission and City Councd C Drainage Services Drmnage mmntenance will be provided to the property upon the effective date of the annexation The City shall provide a level of drainage services, ~nfrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure mmntenance avmlable ~n other parts of the city with topography, land use, and population density s~mflar to those reasonably contemplated or projected ~n the area D Electrical Services Denton Mummpal Electrm ~s certified by the State and is obligated to provide electric ut~hty service to the annexation area should a request be made by a property owner Electric ut~hty service will be made available on the effective date of the annexation on the same basis and at the same level as slmdar facilities are mmntmned throughout the city Denton Municipal Electric ~s an electric service provider in this area V.~. OTHER SERVICES Other services that may be provided by the City, such as mumc~pal and general admlmstrat~on will be made available on the effective date of the annexatmn The C~ty shall prowde a level of services, ~nfrastructure, and mfrastmcture mmntenance that is comparable to the level of servmes, infrastructure, and mfrastmcmre mmntenance available in other parts of the City w~th topography, land use, and population density similar to those reasonably contemplated or projected m the area 11 VI CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drmnage facthtles is comemplated wlthm the annexed area as a result of this annexation because the annexed area on the date of annexatmn will have a level of full munlc~pal servmes equal to other areas w~thm the City hawng similar eharaeterlstms of topography, land use, and population density Thus, no construction of pubhc xmprovemants is contemplated as a result of th~s annexation that would begin w~thm two and a ,half (2 ½) years after the effective date of the mmexatmn The City shall consider construction of other pubhe improvements as the needs dmtate on the same bas~s as such pubhc ~mprovements are considered throughout the C~ty for areas hawng similar characteristics of topography, land use, and population density VII UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing m th:s plan shall reqmre the C~ty to provide aumform level of full mummpal serwces to each area of the City, ~nclud~ng the annexed area, if d~fferent characteristics of topography, land use, and population density are considered a sufficient bas~s for promdmg different levels of service VIII. TERM Th~s servme plan shall be vahd for a term often (10) years Renewal of the servme plan shall be at the d~scret~on of C~ty Council IX AMENDMENTS The servme plan may be amended ffthe C~ty Council determines at a pubhc heanng that changed cond~tmns or subsequent occurrences make tlus service plan unworkable or obsolete The C~ty Council may amend the service plan to conform to the changed condmons or subsequent occurrences pursuant to Texas Local Government Code, Sectmn 43 056 (Vernon Supp 2000) 12 ATTACHMENT 4 ORDINANCE NO. 2002- AN ORDINANCE OF THE CITY OF DENTON, TEXAS. ZONING A '1RACT OF LAND, COMPRISING APPROXIMATELY Z,67 ACRES IN THE CITY OF DENTON TO THE AGRICULTURAL (A) ZONING DISTRI£q~ CLASSIFICATION; THE TRACT BEING GENERALLY L~ATED NORTII OF CRAWFORD ROAD, EAST OF INTER~qTATE HIGHWAY 3:$W AND WEST OF JOHN PAINE ROAD, IN THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION; PROVIDING A PENALTY CLAUSE AND AN EFFECTIVE DATE WIIEREAS, the 135 and Craw{oM Rd PaCmcr~ hms apphe~J for the original ~mng [hr approximate 2 67 ~s of I~d ~mg ~xed rote fl~c C~ty el Denton, to AgrlculturM (A} zonmg district cl~.~fi~tion and usc. a~d WHERe. S, on C~tob~ 10. 2~31. thc Pl~n~ and ~mng Commission f~ommcnded approval of the ~ zoning, ~d WHEREAS, ~ City Co~ll finds t~t thc ~nmg ~s consistent ~lth thc Conlpmhcn~ e NOW, I HEREFORE TH[~ COUnCIl OF THE CITY OF DENON HEREBY ORDAINS ~N] I F~ ?onmg district cl~s~ficat~on aim u~c de%l~atmn el the 2 67 ac~ prope~y denned m ~e legal de~rtptlon a~ hc~o m~ mcor~lated hcmm ~ Exhibit %¥' Is hereby tzmed to t~ A~cult~ (A) zomng dlstrl~ cl~s[ficalson and u< desk.mien u~er compmhen~ve zxmlng o~ma~ of the City of Denton, Fexas SECTION 2 'I]le City's offict~ zomng map 1~ amend~ [o ~ow the ch~mgc m zoning cla~ficlmon SF~ON 3 Any ~rmn vmlatmg any provision of th, s ordm~c sh~l. upon convert,on, fin~ ~ sum not ex~Jmg $2,~0 00 ~ch day that a p~ws~on of lh~ ordinance ~ wolatcd shall co:~l~tulc a se~atc ~d d:~tinct offen~ ~ECTION 4 %is ordl~ shall ~eome effective foemen (14) days front the dale el passage, ~d ~e C~ty S~y is ~mby dl~t~ to ca~ the captmn of this oMm~ce to be pubhshoJ tw~ec m the Denton ~ord-Ci~omde, a dmly newspa~r pubh~ m ~e Cflv el Den~n. Tcx~ w~m ten (10) ~ys of~e date et lB p~ge 13 PASSED AN-D APPROVED tlus the day of ,2001 EULINE BROCK, MAYOR ATTEST 3rENNI~R WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ~~(~'" 14 EXHIBIT "A" All that certam tract of land situated ~n the E Plzano Survey, Abstract Number 994, Denton County, Texas, and being part of the called 7 597 acre tract described in the deed from One Longhorn Land, L L C, to 1-35 Crawford Road Partners recorded by County Clerks file Number 98-R0077377 Real Property Records of Denton County, Texas and being more particularly described as follows BEGINNII~G at a pmnt for the Northwest comer of the herein described tract of land, smd point also being the northwest comer of smd 7 597 acre tract, THENCE South 00 Degrees 37 Minutes 35 Seconds West with the East line thereof, a distance of 458 89 feet to a pmnt for the northeast comer of the called 0 378 acre tract described in the deed from Leslie B Moorman to Mary Alice Moorman recorded in Volume 924, Page 890, Deed Records, Denton County, Texas, THENCE North 88 Degrees 57 Minutes 53 Seconds West with the North line of said 0 378 acre tract a distance of 92 56 feet to a point for the Northwest comer of said 0 378-acre tract, THENCE South 01 Degrees 18 Minutes 12 Seconds West with the West line thereof a dtstance of 149 73 feet more or less to a point for a comer on the North line of Crawford Road, THENCE West with the North hne of smd road a distance of 293 94 feet more or less to a point for a cornel', THENCE North 30 Degrees 27 Minutes 35 Seconds East along the existing Denton city hm~ts hne estabhshed by Ordinance Number 74-36, a d~stance of 702 75 feet more or less to a point for the Northwest comer, TItENCE South 86 Degrees 46 Minutes 04 Seconds East w~th smd North line, a distance of 38 70 feet to the POINT OF BEGINNING and eontalmng 2 67 acres of land more or less 15 ATTACHMENT 5 Planning and Zomng Commission Minutes October 10, 2001 10 Hold a pubhc heanng and consider making a recommendatton to C~ty Council regarding the proposed voluntary aunexat~on, service plan and proposed zoning for approximately 2 6 acres of land generally located north of Crawford Road, east of Interstate Highway 35W and west of John Paine Road, m the C~ty of Denton Extraterritorial Jurisdiction A neighborhood retail services center ~s proposed (A01-0006 Crawford Road-Schrader Annexation & Z01-0028 Crawford Road/Schrader Zomng, Dedra Ragland) a Consider makmg a reeommendaUon to City Council regarding the proposed annexation (A01-0006, Crawford Road-Schrader Annexation) Motion by Bob Powell and seconded by Joe Mulroy to recommend approval to C~ty Conned *Discussion of item ~s included ~n the Court Reporter's transcript attached to this set of minutes (Page 225) Motion carries 6-0 b Consider making a recommendation to C~ty Council regarding the proposed zomng to an Agriculture (A) zomng district (Z01-0028, Crawford Road-Schrader Zomng, Dedra Ragland) Motion by Bob Powell and seconded by Joe Mulroy to recommend approval to City Council *D~scuss~on of ttem ~s included ~n the Court Reporter's transcript attached to th~s set of m~nutes (Page 225) Mouon carne~ 6-0 16 Page 225 Page 227 2 tha mo::~n? ,^.~y .T~ezt:n:::, aa ,'n.m:.':.'~? 2 COMMISSIONER RISHEL For us or the people 3 COMMIS~IO~P. KEITH~· .......... ........ ~' n-~'"~' .... 3 that own this property~ 4 COMk~.EEIO.X!ER PdS.HEL Statement 4 MS RAOLAND Both This ~s a voluntary CO~ ...................... ~ ................ 5 annexation The apphcant is 1 35 and Crawford Road 6 a qt:e:t:en 6 Partners The apphcant ~s proposing a neighborhood 7 CO5~.{ISSIONER ~'.SHEL .Mr Ke:'~ th~ 7:'" 7 retail servtces center Uses that he has prehmtnardy g ;;'c.nt tx :pen2:? 8 discussed with us Include retad shops restaurants 9 COS~.s.!ESIOi'~R KEITH Th~.~x:: 7:'-: :er 9 offices bakery and other retml convemences The 10 COM.MIS£1ONER P2SHEL Tk=!: :,'e:: sar I 0 annexation schedule ~s provided on page 7 of your backup , ~ ..... ~ ......... ~-~ ~ ...... ~ ......... ~at':,'~° 12 Tuesday October 2nd 2001 and the second pubhc hearing 14 M~ HOLT Ne 14 approval 16 COMI'.~SS.'ONEP. RISHEL Any .q:.~:: ::mme.n~ 16 recommending that the proposed property once annexed be l0 m'a:~. Cc-n-nan:enact: ~..n~ M." Grace 19 will have to come back and submit an apphcat~on at a 25 located south (sic) of Crawford Road east of Interstate 25 is a pubhc hearing so let me open the pubhc hearing and Page 226 Page 228 4 Crawford Road/Schrader Annexataon and Z01 0028 Crawford 4 Item No 10A and B 6 COMMISSIONER POWELL If I may interrupt 6 address us please come lorward Seeing no one that would 7 sir I beheve you sa~d south of Crawford road and it's 7 hke to address thts Comm~ssmn I will close the pubhc 11 COMMISSIONER R1SHEL 1 appmmate your I I approval for both the voluntary annexatmn and for the 15 MS RAGLAND Good evemng Commissioners 15 COMMISSIONER POWELL Mr Chmrman I move 18 presented to C~ty County to kind of help you guy be 18 COMMISSIONER MULROY Second 17 AGENDA INFORMATION SHEET AGENDA DATE. January 8, 2002 DEPARTMENT' Planning Department CM/DCM/ACM: David Hill, 349-8314 ~ SUBJECT - Z01-0040 (CrawfordRoad) Hold a public heanng and consider adoption of an ordinance rezonlng approximately 7 5 acres from an Agricultural (A) zoning d~stnct to a General Retml (GR) zoning district The property is generally located north of Crawford Road, east of Interstate Highway 35W and west of John Prone Road Commercial development Is proposed The Planning and Zoning Commission recommends approval with conditions (6-0, with conditions) BACKGROUND The applicant is requesting the rezomng of property to General Retail (GR) for future commercial developments to serve the pending residential developments (Robson Ranch, Country Lakes and the Vintage) } The subject property is located in an Agricultural (A) zoning district ~' According to The Denton Plan, the subJeCt site is located within the "Neighborhood Centers" future land use area designation These areas may develop in conventional patterns or may be developed in a pattern of 'neighborhood centers' Neighborhood centers are oriented inwardly, focusing on the center of the neighborhood and contalmng facilities vital to the day-to-day activity of the neighborhood Neighborhood center development would allow for a community activity center providing shopping, services, recreation, and msUtutlonal facilities to support in this ease the future community Possible uses would be a convemence store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school (Attachment 1) } A portion of tins property is being annexed into the city limits and will be initially zoned to an Agricultural (A) zomng classification See Z01-0028, on January 8, 2002 ~' Sixteen (16) property owners were notified of the zoning request Zero (0) responses have been received, OPTIONS 1 Approve as submitted 2 Approve w~th conditions 3 Deny 4 Postpone consideration 5 Table ~tem 1 P&Z SUGGESTED RECOMMENDATION The Planmng and Zomng Commission recommend approval (6-0) of this zoning request with the following conditions A site plan shall be submitted for review and approval by the Planmng and Zomng Commission prior to final plat approval The site plan shall address those conditions set forth in 1 through 19 of Section 35-123 of the Code of Ordinances of the C~ty of Denton as well as architectural design features ESTIMATED PROJECT SCHEDULE The site Is not platted A certificate of occupancy can be issued after the approval of the zomng request and all Building Departments regulations are approved PRIOR ACTION/REVIEW The following is a chronology of Z01-0040, commonly known as Crawford Road Application Date - October 22, 2001 DRC Date - November 1, 2001 P&Z Date - November 14, 2001 FISCAL INFORMATION Development of thas property will increase the assessed value of the city, and county Pubhc improvements will need to be provided pnor to building construction ATTACHMENTS 1 Planning and Zomng Commission Report, November 14, Z01-0040 2 Planmng and Zomng Commission minutes from November 14, 2001 3 Draf~ Ordinance Prepared by ~flhs, Platter I Respectfully submitted l~ouglas S/Powell, AICP ' Director of Planmng and Development Attachment 1 Agenda Number - Q] 0030 Agenda Item ~ Date 11 14 01 Z01-0040 (CRAWFORD) PLANNING & ZONING STAFF REPORT PURPOSE: Hold a pubhe heanng and consider making a recommendatmn to C~ty Courted regarding the rezonmg of approximately 7 5 acres of land from an Agricultural (A) zomng d~stnct to a General Retail (GR) zoning d~stnct The property ~s generally located at the northeast comer of Crawford Road, and Interstate 35W Commercml center m~xed use development ~s proposed LOCATION MAP APPLICANT INFORMATION: Apphcant George Schrader Schrader and Clme, LLC 4800 Broadway, State A Add~son, Texas 75001 SUMMARY OF ZONING REQUEST: The apphcant ~s requesting a General Retail (GR) zoning dIsmct classffication for this 7 5 acre tract The 'subject site and surrounding property ~s undeveloped at this t~me Neighborhood center mixed-use ~s proposed COMPREHENSIVE PLAN ANALYSIS: The subject site ~s located withm the "Neighborhood Centers" future land use area These areas may develop m conventional patterns or may be developed m a pattern of 'neighborhood centers' Neighborhood centers are oriented ~nwardly, focusing on the center of the neighborhood and contalmng facilities vital to the day-to-day activity of the neighborhood Neighborhood center development would allow for a commumty activity center providing shopping, services, recreation, and institutional facilities to support ~n th~s case the future commumty Possible uses would be a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school SPECIAL INFORMATION: 1. Transportation A Trip generation Assuming a 30% lot coverage approximately 98,000 sq ft of commermal development can potentmlly be built With the potential for that much development, a Traffic Impact Analys~s (TIA) will be required at the time of platting B Access The development will have access from Crawford Road C Road Capacity There are no traffic counts available for Crawford Road Crawford Road ~s a secondary arterial and mqmres 90' of total ROW Interstate 35W ~s TXDOT controlled - ROW from the centerhne of the road to the property line detml is to be shown on applicable platting documents, not required at this time D Pedest~an Linkages Sidewalks along all public streets are reqmred dunng the time of final platting 2 Uffiities Adequate utilities and the capacity to service the proposed development should be prowded 3. Drainage and Topography The new development will be required to design and construct a drmnage system to city standards The on and off-site drmnage will be further examined at the time ofprehminary and final plat 4 4. ,Signs As per the stgn ordinance 5. Landscaping This property will have to comply with the Landscape Code, wluch reqmres fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area) 6. Open Space No open space ~s proposed 7 L~ght~ng L~ghting on the property should be designed and maintained so as not to sh~nc on or otherwise d~sturb surrounding residential property or to shine and project upward to prevent the d~ffus~on into the mght sky Th~s requirement can be written into the ordinance as a condition of approval 8 Environmental Quality Impacts No negative enwronmental ~mpacts have been ~dentlficd PROPERTY HISTORY: September 3, 1974 - Ordinance 74-36 placed a port,on of the subject property m thc Agricultural (A) zoning d~stnct and land use class~ficat~un (see Enclosure 1) The rema~mng portion of the s~te ~s undergoing voluntary aunexat~on The property ~s scheduled to be annexed into the c~ty hm~ts on December 18, 2001 and at the t~me of annexation that port~on of the property w~ll be zoned Agricultural (A) Followmg thc annexation proceechngs on December 18, 2001, C~ty Council w~ll hold a pubhc heanng to consider rezomng of the entire 7 5 acres from an Agricultural zunmg d~stnct to a General Retatl zomng d~stnct The subject property ~s not platted and would need to be platted prior to any development PUBLI(~ NOTICE: Not~ce of'the zoning request was pubhshed ~n the Denton Record-Chromcle on October 3, 2001 E~ght (8) ~wners within two hundred feet were mailed legal notices and s~x (6) residents w~thm five hundred feet were sent courtesy notices ~nform~ng them of the request (see Enclosure 2) As of th~s writing, no responses have been received The subject property is not platted and would need to be platted prior to any development ANALYSIS & RECOMMENDATION: The General l~eta~l (GR) zoning d~stnct, as proposed by the apphcant, ~s consistent w~th thc ~ntent of the Comprehensive Plan Due to the location of the s~te along Interstate 35W, a major entrance to the C~ty of Denton, general retail zomng ~s appropriate to serve the pandmg res~dant~al developments (l~obson Ranch, Country Lakes and The Vintage) The proposed development could serve as a neighborhood center The Neighborhood Center land use designation encourages serwce oriented retail and office developments that arc located ANALYSIS & RECOMMENDATION Cont'd: at the center of the neighborhood and within a five to ten minute walktng distance from the edge of the neighborhood This request for General Retail (GR) zoning meets the Comprehensive Plan obi ectlves MOTION: I move to recommend approval of General Retail (GR) zoning district for Z01-0040 ALTERNATIVES: 1 Recommend approval as submitted 2 Recommend approval wtth conditions 3 Recommend denial 4 Postpone consideration 5 Table item ENCLOSURES: 1 Zoning Map 2 200' Property Owner Notfficat~on Map 3 Site Photographs Enclosure 1 ZONING MAP Enclosure 2 NOTIFICATION MAP 200' Legal Notices sent vta Certified Ma~l 8 500' Courtesy Notices sent via 1st Class Ma~[ 8 Number of responses to 200' Legal Not~ce · In Opposition 0 · In Favor 0 · Neutral 0 Percent of land within 200' ~n opposition 0.00 % 8 EncLosure 3 SITE PHOTO (S) 9  Attachment 2 Page 181 ~ Page I anyone who would like to spenk either for or agems! this ~ I Mulroy and seconded b~ item on our Agenda, and this is Item No 16 on our f 2 ~ A~nda, would you please come forward AnyOne for o.~ 3 COMMISSIONTe~ POWELL..,md I'm willing to N~alnst this item on our Agenda Comlmi$1oner Ke~ 4 I do want to point out to Mr ~ i COMMISSIOI~. KEI'm Yeah This Is/a/ 5 Alhson Y ho had provided us with wording 7 am w~,'t~the City making any ~ I mean~ayho I m~xt 7 essler for us to g~ve us a vagu~ notion 8 on sometl~, but working on a plan/~wher~ they can 8 we're 9 connect from'q~ockmghird stxal~;~owr to the Loop al sore: ia somcthng to vote m [just point that, 10 pmat m that ar~ /' 10 future or for thc com~ here If 11 MR RelC~HARff~ don't haheve that's hoen 11 they want us to vote on i 12 lclent~fied in the Mobdi~ Phn David Salmon ~s 12 Don't g~vc ns a vague thin tho au' that -- v~ can't 13 searching for his Iv~lh~lan to come down probably ant 13 gnp that We can gnp th~s Thank yon, Mr Chairman 14 identify what al~ future~r~ 14 COMMISSIONER 15 , co}gllsslol, ma ~i~Ni want to sec ~hat the 15 16 nnpact is g~165 to bc ~ 16 I ascertain from Mr 17 //COMMISStOI,,'~a RISH~L ~almon, th~nk 17 ~ would haw 18 you / ~ 18 the flexlbdity ~ without 19 / M.R SALMON Yeah I've got th~ls~ng 19 loss of lot i M/91~dity Plan on tho overhead Let mo loeat~ site 20 Thank you /gctoally, the~ ts a collector street shown on tl~ ~ ~12 COS~Misstosmr~ v, IS~C t think so ~Mobllity Plan that would connect Mockingbird v~fl~Loop. -8 / somewhat south of tha proposed davelopment $oit'sN~mU: andltlunkthat's conceivable that if them was counectiwty, that ~t wou&t ~ plan What a wonderful idea Semng no othe 5 U~ into a ¢ollantor street that runs enst end west \ Conumsstoners please vote Motion camm 5-0 of the Page 18 assuming ithat development occumxl m accordance v,~ o~ I Comnussioners present Thank you Mobihty plan 2 (COMMiSSIONF. R APPLE I~ NOT PRESEIWf) COMMIS~IONF~ KBITH okay Thank ~oo, 3 COMMISSIONffR RISHEL That WiIl bnng us to COMMISSIOI','~ RlSltI~L Thank you, 4 Item No 17 on our Agenda Item No 17 is to hold a 5 Any other quesUons? who 5 public hennng and consider makang a recommendation to thc 6 e to speak either for or s 1 o~r 6 City Council regar(hng the rezonmg of approxunately 7 5 ? had no 7 acres of land from an Agricultural (A) zoning thsmct to 8 we will have Mr 8 a Commercial (C) zoning district The prolx:rty is 9 sununation 9 generally located at the northeast corner of Crawford Road 10 , further ~110 and the Interstate 1-35W Commercial development is 11 Thankyou I1 proposed ThlsisZ01 0041,Crawford AndMs Willis 12 Coranussloner Mulroy ? 2 will present 13 COMMISS/~ISa M~OY I'm ready to make a i13 MS WtLUS I d like to say good'night to 14 motion / ~ 14 the Planning & Zoning Commissioners 15 CO~ISSIOI~-~.RISltEL ~l~ec no one else who I 15 COMMISSIONER mS:-IEL YOU may be way ahaad would Would ye, of You never lmow 17 /COMMISSIOI,,'ERMULROY imb~,eapprovalof 17 MS WtLLIS tmTlffam~Wdhs, new is t~ ~tns eha~ and with t~ stipu~'~oo by ~S plaoner to the ~wlopment l~ent nod ~ ~nk forward 19 s~f and that's tha wdl pmvida conoacuvlty'~ktl~ ~ 9 to serving you in the future Befor~ you tonight is a 20 /I~o~ ~ the south ~. 20 zoning change request from the apphoant for a site 21 / COMMISSIONER P. ISH~L omar Is there N 21 located on Crawford Road The applicant is proposing to 2~ second7 ~. 22 rezone thc property from the Agricultural zoning fl3 COMMISSZON~.R POWELL ~'11 second it for X 23 classification to a General Retatl, which is a lesser 24 discussion ~ 24 classification than what was dually notified So tins 25 COMMISSIOIq.~R RISHEL It's been mov~ by N~. 25 case can reanam in your heanng tonight The majority of NOl rEMBER 14, 2001 Page 181 - Page 184 PLANNING AND ZONING COMMISSION 10 Cond~nseltTM Page 185 Page 187 this property here tn the Ctry of Dante: ts m tl~ City of 1 staff would jusI hke to state the position that wc 2 Denton Th~ annexation process ~s unmrway x~ath the 2 support tins activity Wo bebeva that the property 3 Planmng l~artment and staff antictpir.~ appro~ al on the 3 increase the assessed valuo and, certainly, City fathers 4 scheduled date of Dec~nber 1 g 4 are encoura~ng as we go forth in our davelopments that we 5 In order to l~rrmt more dev~p~t ai this 5 accommodate baslness activity at c~aln entry areas there 6 site to assist vath the penthng remdentui dc-n, ehipments 6 off the 35 comdur into tho City of Denton, and that we 7 m this ama, the applicant ts proposing .o provide a 7 ensure that the undeveloped edges of Denton are properly 8 future Gerleral Retml neighborhood, m~cOcmecl~ve retad 8 anamed in our growth management So staff would move 9 view sets at this area Staff would 1~: r~ eaoourage 9 that -- and r~counnend approval of Z01-0040 for the request 10 that this prol:~a'ty Is md~d a quuldied !xe amd that thc 10 of Agncuhural zomng to the General Retail use Thank 11 neighborhood fermi services that are rew,~,,,e, nded are 11 you 12 definitely something that we can supp(~'~ 12 COMMISSIONER RISHEL commissioner Apple 13 The Comp Plan does ld~'ntlf3 r-his ~ea as a 13 COMMISSIONER APPLE Tlffame, just out of 14 Neighborhood C611ter and It also ~ gol~.g to ltllov, for a 14 curiosity, is there a site plan avadable for the 15 more mtense mixed use in this area ant acc~ranedate the 15 Commission? 16 development and comply vath the exismg C~ty Code of 16 Ms WILLIS There's no site plan at llus 17 Denton ordinance that indicates ~at th~ ~ should be a 17 trane This is futme rezoamg and we do anticipate that 18 neighborhood use area There's anoth~ dep~tlon of the 18 I'm sure 19 site there just to give you a closer vle'~ 19 COMMtSSIO~'~, APPLE Thank you 20 Some of th~ uses that th~ appacmat ~ 20 MR REiCHHA~,T YOU bnng up a good point 21 identified as possibilities at this site ~ retail shops, 21 On recent zoning plans sumlar to this, the one over on 35 22 restaurants, professional shops He has not ca' she has 22 and Cn:cslmg, the Planning & Zoning Commission 23 not diseat'ded such things as libraries cc ~li'~ 23 recommend future site plan apl~mval per Section 123 I 24 dcpartlxtents, stations, or possibly any cr.h~ pubL¢ 24 beh~ve it is and that might be appropriate At such 25 facility So staff is m agreement vath ms w.,que.~, and 25 time that, again tlms property is mzoned as parl of thc Page 186 Page 188 1 encourages the Planmng & Zoning Cor"m~on Io highly I City-wide, that wonld bca staff approval and that 2 constderafavorabl¢otltcome Atthis~me, I'dLketo 2 cendltton~ouldgoaway But untd such timo as the 3 give way to qtlCSttons 3 rezonmg mkas place, if you're inclined to rovl~w a site 4 COMMISSIONER RISHEL Corr"-lSslOaers, any 4 plan, that ',~,ould be the way to do it 5 questions of Ms Willis9 Seslng no ql~-lo~g, is ~c 5 COMMISSIONER RmH~L EXCUSe me for my - 6 petitioner question and would hke to speak'~ 6 when I read the Agenda article item, I read from thc first 7 MS WILLIS I belle'~e so 7 page of our Agenda, and as I read it, it was Z01-0041 8 COMMISSIONER RISHEL Tham: yoL1. 8 And as I was hstemng te the comments - I sc~ in our 9 MR SHRADER Mr Chatrmanmd~membersof 9 r~omnt~datiena'sZ01-0041 So l want to make sure that 10 the Comrmsmon, I'm George Shrader I am ~2ae petitioner 10 our minutes reflect that our public heanng -- and I may 11 We consulted with the staff prior to app. icat~on 11 need to refer to counsel As I read what our article was 12 COMMISSIONER RISHEL Arid _~our a~ld.r~s, 12 in the Agenda, I read from the Agenda page and it stakes 13 air 13 it as 41 And as I was listening to the continents that Ms 14 MiL SHRADER 4800 Broadwa3 Ad~0.son_ 14 Wllhs made, it shows as a zoning item 40 15 COMMISSIONER RISHEL Thank yol~. 15 ,MR SNYDER [ don't know which is the 16 MR SHRADER Wecon~ulte~w. thE~tleb~,~ac'f 16 correct number Staff can probably tell us Batlt's 17 and believe we have subnutted an apph,'arioa thai is 17 really -- the notice is adequate oven if you got the wrong 18 compliance with the Comprehensive PI~. ~A~'e ~.I1 answer 18 notice 19 any questions 19 COMMISSIONER RISHEL I JUst wan~l to make 20 COMMISSIONERRISHEL This~aI~abhc 20 sure we brought it to aaention Okay Don't necd to 21 heanng Is there anyone who would kk~ to sgeak either 21 ~open the pubhc hcanng, do we? 2:2 for or against this item on our Agenda'~ Sox:~g no one who 22 ~,i~ sm, vER ~o 23 would lflte to address the Conmuss~on, I vall ulo~ the 2~ co~iSSlOSER RISHEL That's my question 24 public hearing And Ms Wflhs will g~x~ us a s~mation 24 exactly Okay I appreciate it Commissioner Mulroy 25 MS WILLIS ~USt m summary, you t-no'~, 25 COMMtSSiO~aMUtaOY Yes, Mr Cbe~r I'd PLANNINGi AND ZONING COMMISSION NOVEMBER 14, 2001 Page 185 - Page 188 11 CondonseltTM Page 189 Page 191 I be ready to make a mot,on ,f thor's no mom chscuss~on ~ loekmg for the property linc, adjaoent property owners, 2 COM~n~SS[ON~a a~SHeL ~ see no one else No, nd that type of reformation In addition, as I said, t~ 3 that would hke to SlX~k tr~k routes, identify the ESAS and the flood plams//And 4 COMMISStONF~R ~.q.aOY okay I would bke 4we a~proposing still to maintmn that no devel~ment 5 to move to reaommead approval to General Retail Zomng 5occurs l~the flood plain but flood plains, cr~ks, and 6 Ehsmct for Z01-0040 with the condmon that n sara plan 6streams ca~e crossed, and that that des~d be designed 7 be subnutted poor to development 7to a ten-year R~rm That we get suffifia~nt drmnage 8 COM~nSStON~a easanL ts there a second? 8studies to mdtca'Nxthat it has been~'~lgned to the 9 COMMtusto~ea AeeLn second 9ten-year storm and'~s not gom~4o affect any adjacent 10 COMMISSlON~a PusHnt~ ~t was moved by 10 properties ' I l Conumssmner Mulroy and seconded by Comnassmner Apple I l Show the locatioffof structures within 500 12 Any further thscussmn? See~ngnone, pleasevote Item/ 12 feet Identify where the water m conung from Identify 13 No 17 on our Agenda comes 6-0 of the Conumssion~ 13 the method of erusio~controX~ronnd these sites Provide 14 present ~ 14 the typical well sc)16matics of h~ they're going to be set 15~ In theory, that will bnng us to I~No 15 'ap, how they're/g/otng to be dev¢lo'~l Then identify any 16 I~ our Agenda, if I teed the right ~,~Ag~Ifda ,tern here 16 of the plpelm?f for the gas dtstributlo~ystems 18 making a i~mmendauon~e C~ty Council regardm? an 18 does give, he authority to the Development'~view 19 ordinance amen't~ng Ch~ter 34, Subdw~s~on and Land 19 Comn~ to approve minor plats And nuno~lats are 20 Development RegalaUo~.of the Code of the C~ty of Denton, 20 lden~ed as those plats that don't requu'e pubhc~ 22 Tins~s~00~ oasWell-Subd~q~s~Ordmance Mr 22 /~fllnot, ff not all of them, ~dl n_ot req_utre any 23 Red,hart vnll prmeot~ 23 / infrastructure lmprovement~ by the apphcant, water, 24/ MalU~tCmlAa? xhenkyou Wbent~S~,~ 2~ sewer, anddramage So we~.ate.that they wdl be ~ well development first came forward, staff ldennfied ~ ~5 approved at a staff level And I'd he happy to answer Page \ Page92 sccuens of the Code that would need to be ~deatffied ~any questmns that dealt w~th the land use and ~ COMMISSIONER RISHEL commlssion~, any Comnuss~on has forwarded qh~stions of -- Mr Mulroy, Coranusmoner M~oy 4 the us¢, land use of gus developmeet 4~ COMMIS$1ONERMULROY Yeah ~/.arry, would 5 4 relate ~nd 5 you e~eate me a httle bit on the Item N~ 2, the roadway 6 there is 6 component of the Mobility Plan9 !'m/riot fan~har with 7 7 that Wha~the roadway component reqmre9 8 8 MRX~EICHHART The ~(p that Mr Sahnon had 9 is that, one, ~t ~s development, but ~ 9 just shown, it shOws where th~uture roads v~ll be And 10 ulunmte d~velopment And ~ of 10 one good example is the fu~'e extension of Loop 288 is 11 davelopmeot dee~ not rcqtare the ~xtensmn of warn', 11 going through right where a lot of flus gas well 12 But th~ a~ ~ssues 12 development ts current~ proposed And what we're trying 13 eno ~s 13 to do ~s coordmat~at ~velopment sO that we don't have 14 ~, adjacent usna, 14 gas wells in the ~ddle of~uture right-of-way, if we 15 15 eandothat / ~ 16 16 CO~fMISSlONERMULI~Y okay Thankyou 17 17 Next, on I~ 6, we have poor to~e approval of the 18 orchusncc 18 development plat, the road repair agh~ent is reqmred9 19 what we*m trying to accommedat~ Ba~lly 19 Would/that work as well or possibly ~ttle better to put uslong for ~s that thc development plat be ~ 20 that,/Re that wth the permit rather than ~1~ pine I w -th sem¢ u mee , a d yon may have an wh?r o one does plat d what ~s mqun'ed in a prelmunary plat, and ~ '22 t~ll' property and their potential well sxtes, b~xt may not that's what we're Ioolang for, that level of detail 23 /pull a permit for stx months or a year 4 Typically, the~ won't be a need to show ~ / MR SNYDEP, Woutd a penmt be requu'~m 25 any uuhtt~s because none am proposed, but w~ are 2~' the ETP I don't remember what the other ordmanoe .Nsatd PLANNING AND ZONING COMlVlISSION NOVEMBER 14. 2001 Page 189 - Page 192 12 ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AGRICULTURAL ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO GENERAL RETAIL WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 7 5 ACRES OF LAND LOCATED AT NORTH EAST CORNER OF CRAWFORD ROAD AND INTERSTATE HIGHWAY 35W, PROVIDING FOR A PENALTY 1N THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z01-0040) WHEREAS, Frank Babb, on behalf of Crawford Road Partners ~nlttated a change in zomng for approximately 7 5 acres of land from Agricultural zoning district classification and use designation to General Retml w~th condltaons zonmg district clasmficat~on and use demgnatton, and WHEREAS, on November 14, 2001, the Planning and Zomng Commasmon concluded a pubhc heanng as reqmred by law and recommended approval of the requested change ~n zoning to General Retail (GR) wtth conditions zonmg district, and WHEREAS, the Ctty Council finds that the change tn zoning ts conmstent with the Comprehanslve Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zomng district clasmficatmn and use designation of an approximate 7 5 acre property described in the legal description attached hereto and incorporated herein as Exlublt A ~s changed from Agricultural (A) zomng district classification and use demgnanon General Retail (GR) zomng district clasmficatton and use demgnatlon under the comprehenswe zomng ordinance of the C~ty of Denton, Texas, subject to the following cond~tton A site plan shall be subnutted for review and approval by the Planmng and Zoning Commmmon prior to final plat approval The rote plan shall address those conditions set forth in 1 through 19 of Section 35-123 of the Code of Ordanances of the Ctty of Denton as well as arctutectural demgn features SECTION 2 The Ctty's offimal zoning map is amended to show the change in zomng dtstnct classification SECTION 3 If any provision ofth~s ordtnance or the apphcatmn thereof to any person or mrcumstance m held ~nvahd by any court, such mvahd~ty shall not affect the vahdlty of other provm~ons or apphcatlons, and to thru end the provtmons of thts ordxnance are severable Page 1 of 4 13 SECTION 4 Any person wolatlng any provision o fthls or&nance shall, upon conwct~on, be fined a sum not exceeding $2,000 00 Each day that a prows~on ofth~s or&nance is wolated shall constitute a separate and distract offense SECTION 5 That th~s ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the Oty Secretary ~s hereby &rected to cause the caption of tins or&nance to be pubhshed twice m the Denton Record-Chromcle, a daffy newspaper pubhshed in the Clly of Denton, Texas, wltban ten (10) days of the date of its passage PASSED AND APPROVED tins the day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY.~CITY ATTORNEY Page 2 of 4 14 EXHIBIT "A" CRAWFORD ROAD 2.84 ACRES FIELD NOTES to all that certain tract of land situated in the E Plzano Survey, Abstract Number 994, in the City of Denton, Denton County, Texas, and being part of the called 10 258 acre tract described in the from william L Gravley et ux to L E Moorman recorded in Volume 325, Page 116, of the Deed Records of Denton County, Texas, the subject tract being more particularly described as follows BEGINNING for the Northwest corner of the tract being described here!n at a 6-1nch metal fence corner post at the occupied Northeast corner of sa~d Moorman Tract, THENCE South 00 Degrees 37 M~nutes 35 Seconds West w~th the East l~ne thereof, generally along a fence a d~stance of 458 89 feet to a 1/2" iron rod found for the Northeast corner of a called 0 378 acre tract described ~n the Deed from Leslie B Moorman to Mary Alice Moorman recorded in Volume 924, Page 890, Deed Records, Denton County, Texas, THENCE North 88 Degrees 57 Minutes 53 Seconds West with the North line of sa~d 0 378 acre tract a d~stance of 92 56 feet to a 1/2" · ron rod found for the Northwest corner of sa~d 0 378 acre tract, THENCE South 01 Degrees 18 M~nutes 12 Seconds West w~th the West l!ne thereof at 149 73 feet passing a 1/2" iron rod found on the North s~de of Crawford Road and continuing along sa~d course, ~n all, a total distance of 175 00 feet to the Southwest corner of sa~d 0 378 acre tract in the South l~ne of sa~d 10 258 acre tract · n the middle of said road ~n the apparent South l~ne of said Survey, THENCE North 89 Degrees 14 Minutes 10 Seconds West w~th sa~d South line in said road a distance of 307 76 feet to a PK Nail Set, THENCE North 30 Degrees 27 M~nutes 35 Seconds East a d~stance of 731 13 feet to a 1/2" capped iron rod set for the Northwest corner of the tract being described here~n, THENCE South 86 Degrees 46 Minutes 04 Seconds East w~th sa~d North line, generally along a fence, a d~stance of 38 70 feet to the PLACE OF BEGINNING and enclosing 2 84 acres of land more or less Page 3 of 4 15 CRAWFORD ROAD 4 757 ACRES FIELD NOTES to all that certain tract of land situated in the E Plzano Survey, Abstract Number 994, in the City of Denton, Denton County, Texas, and being part of the called 10 258 acre tract described in the from william L Gravley et ux to L E Moorman recorded in Volume 325, Page 116, of the Deed Records of Denton County, Texas, the sub3ect tract being more particularly described as follows BEGINNING for the Southerly Southwest corner of the tract being described herein at 1/2" iron rod found in the middle of an asphalt road posted as Crawford Road and the East right-of-way line of Interstate Highway 35 ~n the apparent South line of said Survey THENCE North 01 Degrees 14 Minutes 10 Seconds East with said Highway a distance of 19 93 feet to a concrete right-of-way monument for a flair ~n said highway, THENCE North 16 Degrees 31 Minutes 38 Seconds West with said flair a distance of 71 50 feet to a 1/2" iron rod found near a broken concrete right-of~way monument for a corner in said highway, THENCE North 30 Degrees 27 Minutes 35 Seconds East with said highway a d~stance of 645 49 feet to a broken concrete right-of- way monument in the North line of said 10 258 acre tract, THENCE South 86 Degrees 46 Minutes 04 Seconds East with said North line, generally along a fence, a distance of 320 51 feet to a 1/2" capped ~ron rod set for the Northeast corner of the tract being described herein, THENCE South 30 Degrees 27 Minutes 35 Seconds West a distance of 731 13 feet to a PK Nail Set in the middle of said Crawford Road and in the South llne of said 10 258 acre tract for the Southeast corner of the tract being described herein, THENCE North 89 Degrees 14 Minutes 10 Seconds West with said South line in said road a distance of 256 70 feet to the PLACE OF BEGINNING and enclosing 4 757 acres of land more or less Page4of4 16 AGENDA DATE January 8, 2002 DEPARTMENT: Planning & Development CM/DCM/ACM: Dave H~ll, 349-8314 ~ SUBJECT A01-0007 (Robson Ranch North Annexation) Z01-0026 (Robson Ranch North Zoning) a Consider adoption of an ordinance on second reading to involuntarily annex apprommately 300 acres of land generally located north of Lively Road, south of FM 2449 and west of C Wolfe Road, ~n the City of Denton Extratemtorml Junsdmtlon The Planmng and Zomng Commission recommends approval (5-1) (A01-0007) b Hold a public hearing and consider adoption of an ordinance zoning approximately 300 acres of land generally located north of L~vely Road, south of FM 2449 and west of C Wolfe Road, ~n the C~ty of Denton Extraterritorial Junsdmt~on The Planmng and Zomng Commission recommends approval (5-1) (Z01-0026) BACKGROUND An ~nvoltmtary annexation proceeding is being considered by the C~ty of Denton for the Robson Ranch North annexation In accordance w~th the C~ty's annexatmn pohcy plan, approved ~n June 1993, the C~ty w~ll "access on a case by case bas~s" the annexatmn of areas ~n the ETJ when s~gmficant developments are proposed } On November 6, 2001, City Council considered adoption of the annexation ordinance on first madntg No one spoke at the reading } On October 10, 2001, the Planmng and Zoning Comm~ssmn held a pubhc hearing and made a recommendation to City Cotmml to approve the proposed ~nvoltmtary annexation, service plan and proposed zoning to an Agriculture (A) zoning d~smct The Agriculture zoning d~stnct ~s the most restrictive district and will preserve the general con&tlons of the s~te, until the City fimshes the cltyw~de rezomng efforts that began ~n February 2001 The Agriculture zomng dtstrmt Is typically used as the first zoning district a property mce~ves upon annexation into the c~ty hm~ts ~ On October 9, 2001, City Cotmcll held the second of two pubhc hearings to consider th~s involuntary annexation and service plan No one spoke at the pubhc heanng C~ty Council d~rected staff to continue with the annexation proceedings until an agreement ~n heu of anne,{at,on w~th Robson Denton Development, L P ~s finahzed The agreement has been drafted and has been forwarded to Robson Denton Development, L P As of th~s date, staff has not heard from the property owner } On October 2, 2001, City Council held the first of two pubhc hearings to consider th~s involuntary annexation and service plan No one spoke at the public heanng On September 25, 2001, Robson Denton Development, L P sent a letter requesting that the City stop the annexation proceedings for Robson Ranch North Robson Denton Development has stated that they will not submit any more development applications related to the property Furthermore, If and when development is proposed for the site, Robson Denton Developmem will st~brmt a petition for voluntary annexation (Attachment 3) On July 24, 2001, City Council directed staff to initiate involuntary annexation proceedings for the subject site because a natural gas field is being proposed The operation of natural gas wells provides revenue opportunities for cities Annexation of natural gas fields is recommended if the property is located wthm the designated urbamzlng area, is expected to accommodate urban growth in the next twenty years, and if the annexation is contiguous to existing city limits, city roads and rights-of-way, which may be used for gas transport Furthermore, annexation of natural gas fields will provide addmonal regulations to ensure safety and more stringent land use controls for gas field developments and any future development The subject property is located in the extra territorial jurisdiction, is not zoned at this time and is undeveloped at this time The Comprehenmve Plan designates the proposed annexation area as a Rural District and 100- Year Flood Plam/Envlronmantally Sensitive Area The proposed annexation falls outside of the urbamzmg area of the Denton Planning Area and a zoning district is therefore not designated under the Draft Development Code After the annexation of the subject property, any development should be ~n compliance vath the regulation included in the City of Denton Code of Ordinances, including but not limited to zoning, subdivision and land developmem regulations, parkland dedmatlon and landscape The Texas Local Government Code allows a municipality to annex involuntarily 10% of the incorporated area as of January 1st of that year Additionally, if a municipality falls to annex in a calendar year the 10% amount pernntted, the municlpahty may carry over the unused allocation for use in subsequent calendar years A municipality may not annex in a calendar year, a total area greater than 30% of the incorporated area as of Jantmry 1st of that year o There were no involuntary annexations in 2000 Therefore, the 10% amount was carried over As a result of the carry over and the three annexations already approved (Ryan/Country Club, US 377/I/35W and Blagg Rd), the City has the ability to annex 6,451 more acres o In 2001, the City of Denton has proposed to Involuntarily annex a total of 2,989 acres (Masch Branch, Robson Ranch North, AGF Ranch South and TRIO) Eight (8) property owners were notified of the involuntary annexation request No responses have been received to date Once annexed, the property will be zoned Agriculture (A) The Agriculture zoning dlsmct is the most restrictive district and will preserve the general conditions of the site, until the City fimshes the cltywlde rezomng efforts that began in February 2001 The Agriculture zoning district is typically used as the first zoning district a property receives upon annexation into the city limits 2 OPTIONS 1 Approve as submxtted 2 Approve with conditions 3 Deny 4 Postpone eonslderat~on 5 Table item Separate motaons are reqmred for each aetaon. RECOMMENDATION The Planmng and Zoning Commlssmn recommends approval (5-1, Ke~th opposed) of th~s annexation request and approval (5-1, K¢~th opposed) of this zoning ordmance ESTIMATED PROJECT SCHEDULE The annexation process ~s scheduled to be completed by January 8, 2002 PRIOR ACTION/REVIEW The ~ssue of annexation of this area was first rinsed as a result of the proposed natural gas field As th~s property ~s located m the ETJ, development would be subject to only the C~ty's subdlwsion regulations, but not any zomng regulations The following ~s a chronology of A01-0007, commonly known as Robson Ranch North Annexation Council Work Session July 24, 2001 DRC Review August 16, 2001 1st CC Pubhc Hearing October 2, 2001 2nd CC Public Heanng October 9, 2001 P&Z Pubhc Hearing October 10, 2001 1st Reading of Ordinance November 6, 2001 2nd Reading of Ordinance January 8, 2002 FISCAL INFORMATION Development of this property wall increase the assessed value of the c~ty It will reqmre no short-term pubhc improvements that are the responsibility of the city ATTACHMENTS 1 Location Map 2 Annexation Schedule 3 Letter frgm Robson Denton Development, L P 4 Annexation Ordinance 5 Zomng Ordinance 6 October 10, 2001 Planmng and Zomng Commission M~nutes 3 Prepared By ~ __ _ Dedra Den6e Ragland, AIC1D Small Area Plannmg Manager Respectfully submitted ~ouglas/S Powell A'IOP ~ D~rectol~ of Planning and Development 4 ATTACHMENT 1 A01-0007 Robson Ranch North NORTH LOCATION MAP Scale None ATTACHMENT 2 ANNEXATION SCHEDULE OF Robson Ranch North Annexation Area (A01-0007) Tuesday, October 2 City Council Conducts first public hearing Wednesday, October 10 Planning and Zoning Commission public hearings - make a recommendation to City Council regarding the proposed annexation and the proposed zoning Tuesday, October 9 City Council Conducts second public hearing Tuesday, November 6 F~rst reading of annexation ordinance - City Council by a 4/5th vote institutes annexation proceedings Sunday, November 11 Ordinance published ~n Denton Record Chronicle Tuesday, December 18 Second reading and adoption of annexation ordinance and public hearing for zone change request - City Council by a 4/5th vote takes final action on annexation C~ty Councd by simple majomy vote takes final action of zone change request 6 ATTACHMENT 3 2001 lVh Dou~ Powell Mr Lan7 R~tck~t City of Dentoll Planning 221 N Elm S~ D~n~n TX 76201 ~n~ On ~h~f of ~obs~ Dmt~ Develop~n~ LP I reque~ ~ the CtW of D~ton ~y mvOl~ ~hon A*01~07, wht~ I~ ~e 300 ~ ~ of Ko.on ~ch ~e~ ~ Liv~y R~ ~d FM 2~9 As o~s of flus ~el w~ l~e th~s req~st If~ ¢~ge o~ pl~ ~d ~fi tO ~vclop ~l $1~ We agree Cl~ of D~nmn on o~ ~clogm~ p~ we w~ ~ ~fla~ volu~ ~uon du~lo~t Th~ ~m ~ pl~ls ~ in. ate ~ H Lwe~ ~osd ~uld be &fficvlt to FII~, I would ~lUeSt ~ ~nt~ wx~ Robson Cm~cs ~ ~ ~ copied m my ~on m ~e fu~ P[~ ca~ qv~s or ~ I ~ fo~w ~ ~th you m a f~ ~ys ~ obmm yom $1nce~ly cc E~ Ro~on ATTACHMENT 4 ORDINANCE NO AN ORDINANCE OF I'HE CITY OF DENTON, TEXAS, AN~,~EXING &PPROXIMATELY 300 ACRES OF LAND COI~FiGUOUS AND ADIAC/NT TO THE CI'IY OF DFNTON, I EXAS, LA)CATED NORTH OF LIVELY ROAD, SOUTI [ OF FM 2449 AND WEST OF C WOLFE ROAD, IN THE CITY OF DENTON EXTRATFRRITORLAL JURiSDIC'I[ON LYING WITHIN C MANCI-LACA SURVEY, ABSTRACT NLqC~B~ 789. DEN*ION COUNq'Y, TEXAS. AND BEiNCT A PORTION OF & UFRTAIN CALLED 10GOO ACRE tRACt D~CRIBED IN THE D.EFJ~ TO M T COLE FROM HENRY LTVELY AND WIFE, LILLIAN LIVELY RECORDED IN VOLUME 2AZ PAGE 529, DEED RECORDS OF DENTON COLINT~ TEXAS, AND BE1NG ALL OF A CERr,MN CALLED 193 57 ACRE TRACT DESCRIBED rN THE DE~,D TO M, T, COLE FROM HENRY LIVELY &ND WIFE, LILLIAN LIVELY R-ECORDED IN VOLUME 247, PAGE 594, OF SAID DEED RECORDS, PROVIDING A SEVERABII.ITY CLAUSE, AND PROVIDING AN EFFECTIVF DATF (A01 V~I~iER~A8, on July 24, 2.1~!, LI~ City Counml &mcted st~ff m m~n~te the annex~mn proc~edm§s for ~ ~app~Ic[y 3~ ac~ of]~. ~d W~ER~, ~ ~lo~ 10, 2001, ~e Pl~mng ~d Zoning Comm:sslon ~omme~M~ a~mvM of~ ~on. ~ ~at= ~ ofl~d ~m whmh ~ne or more re~dmtzM dwelh~ ~ Ioc~ on ~ch {rac~. ami r ~E~$, Ihl$ ~atlO~ ~g bmng m~e ureter Su~hapt~ L*i of Chapt~ 43 o~ the W~, t~ City Coun;~l fi~ ~m ~I ~m~ m~t~t~s w~g ~ m ~. p~bh~ h~an~ ~f~ the City Com~tl were h~ld m thc C(mncfl C~m~ on ~1o~ ~ 20OL ~d OOoh~ 9, ~[. ~lh ~ys being on or ~er fl~ 20~1' ~y ~,h day ortho ~ of the ~mt, tat~ of t~ pmce~tmgs} to aH~w ~1 :m~st~ p~ona to s~ie thor w~a ~ p~t ~,i~ce baaing u~m ~s ~nexatmn, WH~, ~al~allon p~ceedln~ w~ matttul~ for Ibc p~p~ the m~on of~m offit~ce at a l~ttng ofthe City Coanc:l on November 6.2~1 and %]t~AS, this o~hm~c h~ ~n p~h~t[~d m 5:1[ one tima m [he officm{ ncw~pap~ Gl the Ct~ of ~ton after mm~mn ptoco~m~ were m~tatut~t and 30 Cotmc~l t~ag fi~ ~tt~, as ~u~ ~ CtW Chmer, a~ the City Cotmcfl films that the a,~xalion wffi allow ~ city lo conill w~h ~ D~ PI~, NOW, THE~ORE, '~ ~ of ~qd des~bed m Exhib~ "A", ~h~ h~m ~d ~]tsnt~ of the ~ b~g ~ ~ ~he ~ ~b~ public ~n ngs ~ to ~ ~ ~ City of ~n ~1 ~ ~ pmp~ ~n~ m ~ ~ ~ ~ h~t~ of ~y other ct~, t~ ~ ve]~ ~ ts ~[ tf~e Cxcl~ a w~ ~ly d~n~ m ~s o~, ~ ~PROV~ ~e ~ day of .2001 EULINE BR~K, M_AYOR ATTEST JENN1FER WALTERS, CITY SECRIITARY BY APPROVED AS TO LEGAL FORM. HERBERT, L BY' EXHIBIT "A" All that certmn tract or parcel of land lying and being situated ~n the C Manchaca Survey, Abstract number 789, Denton County, Texas, and being a port~on of a certmn called 100 00 acre tract described m the deed to M T Cole from Henry Lively and wife, Lflhan Lively recorded in volume 247, page 529, Deed Records of Denton County, Texas, and being all of a certain called 193 $7 acre tract descrthed ~n the deed to M T Cole from Henry L~vely and w~fe, Lflhan L~vely recorded ~n volume 247, page $94, of smd Deed Records and being more particularly described as follows COMMENCING at the point in the present c~ty hm~ts hne as estabhshed by Ordinance No 99-220, smd point being the Northeast comer of smd Ordinance 99-220 also being the Southeast comer of smd C Manchaca survey THENCE West, along the north hne of smd Ordinance a distance of 2,120 0 feet, more or less, to a point lying in the south hne of H L~vely Road and being the POiNT OF BEGINNiNG o£ the herein described tract of land, THENCE West, along the south hne of smd road and the north line of sa~d Orthnance a d~stance of 3,580 3 feet to a point for a comer, THENCE North, across smd road a distance of 50 0 feet, more or less, to a point on the north hne of said road, THENCE West, along the north hn¢ of smd road a d~stance of 292 66 feet, more or less, to a point for a comer lying in the west boundary hne of smd 100 00 acre tract, THENCE North, along the west boundary hne of smd 100 00 acre tract a d~stance of 3,276 85 to a point for a comer being the northwest comer of smd 100 00 acre tract, THENCE East, along the north boundary hne of smd 100 00 acre tract and passing at 1,319 26 feet the northeast comer of smd 100 00 acre tract and also being the northwest corner of smd 193 57 acre tract and then continuing along the north boundary hne of smd 193 7 acre tract a total d~stance of 3,872 96 feet to a point being the northeast comer of smd 193 7 acre tract, THENCE South, along the east boundary line of smd 193 7 acre tract a d~stance of 3,326 85 feet to the POiNT OF BEGINNiNG and contmmng 295 46 acres of land, more or less 10 EXHIBIT "B" CITY OF DENTON SERVICE PLAN FOR A01-0007 (Robson Ranch North) I. AREA ANNEXED The annexatton area ~s located tn the southwestern pomon of Denton's Extratemtor~al Junsdtctton and contmns approxtmately 300 acres generally located north of Ltvely Road, south of FM 2449 and west of C Wolfe Road II._~. INTRODUCTION This servme plan has been prepared tn accordance wath the Texas Local Government Code, Sectmns 43 021, 43 065, and 43 065(b)-(o) (Vernon 1999, as amended) Mumctpal facfl~ttes and scrvmes to the annexed area described above will be prowded or made avatlable on behalf of the Cxty m accordance wtth the following plan The Ctty shall prowde the annexed tract the levels of servtee, infrastructure, and infrastructure mmntenance that are comparable to the levels of servme, xnfrastructure, and infrastructure matntenance available m other parts of the mty wath s~mllar topography, land use, and populatmn density III AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protectton, Code Enforcement, and Ammal Control Pohce servtce, ~nclud~ng patrolhng, response to calls, code enforcement and other routine functtons, wall be prowded to the property upon the effective date of the annexatton using emsttng personnel and eqarpment The Ctty shall prowde a level of servmes, tnfrastmcture and infrastructure mmntenance that ~s comparable to the level of servmes, ~nfrastmcture and ~nfrastructure maintenance available m other parts of the mty wath topography, land use and populatmn density stmdar to those reasonably contemplated or projected tn the area B Fire Protection and Fire Prevention Fzre protectmn and preventmn services will bc prowded on the effective date of the annexatton umng cxtstlng Denton Fzre Department personnel, eqmpment, and mutual md agreements wath Argyle Volunteer F~re Department and Ponder Volunteer F~re Department The C~ty shall prowde a level of servzces, infrastructure and ~nfrastmcture mamtenance that zs comparable to the level of scrvmes, infrastructure and infrastructure mmntenance avmlable tn other parts of the mty w~th topography, land use and populatton denstty sundar to those reasonably contemplated or prolected m the area Ftre statton #7, located at FM 2449 and 1-35 West xs approved m the 2003 Capital Improvement Program The Czty of Denton wall provtde emergency medical services ("EMS") C Road and Streets Roads and streets, which have been properly platted, duly dcdmated, and accepted by the C~ty of Denton and/or Denton County, shall be maintained by the C~ty of Denton on 11 the effective date of the aunexat~on Installation and maintenance of street s~gns, street hghtmg and traffic control dewces w~ll be maintained by the C~ty of Denton on the effective date of the annexation D Parks and Recreation Fatalities Parks and recreational faclht~es ~n the area to be annexed will beg~n upon the effective date of the aunexatlon according to the 2000 Parks and Recreation Master Plan No parks are currently located w~th~n the proposed annexatmn area Denton neighborhood park facd~t~es are located w~th~n 5 miles of the proposed annexation area Residents of the proposed annexation area w~ll be able to use ex~stmg C~ty of Denton park and recreation facilities and programs E Library Services L~brary services w~ll be made available on the effective date of the annexation on the same bas~s and at the same level as s~mllar hbrary fatalities are mainttuned throughout the c~ty F Braiding Inspections and Consumer Health Services Bmlchng ~nspect~ons and consumer health services w~ll be made available on the effecttve date of the annexation on the same basis and at the same level as s~m~lar faclht~es are mmntamed throughout the City Both servmes are provided on a "cost recovery" basis, and permit fees offset the costs of services delivered Incomplete construction must obtain braiding permits from the Braiding Inspections Department of the C~ty of Denton G Planning and Development Services Planmng and development Services w~ll be made available on the effective date of the annexation The Planmng and Development Department currently serwces th~s property by way of admunstrat~on of Chapter 34 of the Code of Ordinances, concerning subdlwslon and land development regulations C~ty Council adopted The Denton Plan, the mty's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999 The Future Land Use Plan addresses both land ~n the c~ty and 1ts ETJ, and the subject tracts contain Rural and 100 year Floodplain/Enwronmentally Sensitive Areas The Denton Plan designates future land uses to manage the quahty and quantity of growth by organizing the land use patterns, by matching land use intensity w~th avadable ~nfrastructure, and by preserving floodplains as enwronmental and open space corridors The Denton Plan will be used as a basis for final zomng classfficat~ons after the propemes are annexed IV UTILITY (RATEPAYER) SERVICES A Solid Waste Colleetmn The C~ty of Denton ~s the exclusive res~dentml and commercial sohd waste service prowder ~n the C~ty The Department ~s an entirely fee based operation and received no resources from taxes Sohd waste collection servme wdl be prowded to the property 12 upon the effectave date of the annexataon usang exastang personnel and eqmpment Residents have the option to choose between a private company or service wath the Caty of Denton The Caty of Denton Sohd Waste Department wall honor emstIng contracts with private solid waste service providers after the effective date of this annexataon an accordance wath Texas Local Government Code, Sectaon 43 056(0) (Vernon Supp 2000) To receave solid waste collectaon servme, the customer must contact the Caty of Denton Customer Service Office and submat a request/applicataon for servace Currently the site contmns no resadences or busanesses B Water/Wastewater Facffitles The City of Denton has no exlstang Utlhty lines located wathan the proposed annexataon area The Caty shall provade a level of servaces, anfrastructure and anfrastructure maintenance that is comparable to the level of services, anfrastmcture and anfrastmcture maintenance available an other parts of the caty wath topography, land use and population density similar to those reasonably contemplated or projected ~n the area The desired water and wastewater service options and the phasang of the amprovements will be determined as a part of the land development and platting process The financial responsibilities for funding water and wastewater system ~mprovements to serve the development will be negotiated wath the developer and approved by the Denton Pubhc Utilities Board, Planning and Zoning Commlssaon and City Council C. Drainage Serwces Drmnage maintenance will be provided to the property upon the effective date of the annexation The Caty shall prowde a level of drainage services, ~nfrastructure, and infrastructure mmntanance that as comparable to the level of servmes, ~nfrastructure, and infrastructure maintenance available an other parts of the city wath topography, land use, and population density similar to those reasonably contemplated or projected an the area D. Electmcal Services Denton Mtmlc~pal Electric 1s cemfied by the State and as obhgated to promde electric utility service to the annexation area should a request be made by a property owner Electnc utlhty service will be made available on the effectave date of the annexation on the same basis and at the same level as samdar facdit~es are maintmned throughout the city CoServe is providing electric servme V OTHER SERVICES Other services that may be provided by the Caty, such as mumcipal and general admamstration will be made available on the effective date of the annexataon The Caty shall provide a level of services, Infrastructure, and infrastructure maintenance that as comparable to the level of services, infrastructure, and infrastructure maintenance available ~n other parts of the Caty wath topography, land use, and population density samdar to those reasonably contemplated or projected m the area 13 VI CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drainage factht~es is contemplated within the annexed area as a result of th~s annexation because the annexed area on the date of annexatlun will have a level of full munmlpal services equal to other areas wlthar the C~ty having similar eharaetenstms of topography, land use, and population denstty Thus, no construction of public ~mprovements is contemplated as a result of th~s annexation that would begin,within two and a half (2 ½) years after the effective date of the annexatmn The City shall consider constmetlun of other public ~mprovements as the needs dictate on the same basis as such pubhe ~mprovements are considered throughout the C~ty for areas having s~m~lar charaetenstms of topography, land use, and population density VII UNII~ORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in 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 characteristics of topography, land use, and population density are considered a sufficient bas~s for providing different levels of service VIII TERM This service plan shall be valid for a term of ten (10) years Renewal of the servme plan shall be at the discretion of City Council IX. AMI~NDMENTS The service plan may be amended if the City Councd determines at a public hearing that changed conditions or subsequent occurrences make th~s service plan unworkable or obsolete The City Council may amend the servme plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43 056 (Vernon Supp, 2000) 14 ATTACHMENT 5 ORDINANCE NO. 2002- AN ORDINANCE OF 'THE CITY OF DENTON, TFXAS, 7X)NING A TRACT OF LAND, COMPRISING APPROXIMATELY 300 AC~S IN THE CITY OF DFNFON I'O THE AGRICULTURAL (A} ZONING DISTRICT CLASSIFICATION; THE TRACT BEING GENERALLY LOCATED NORTH OF LIVELY ROAD, SOUTH OF FM 2449 AND WEST OF C WOLFE ROAD, IN THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION: PROVIDING A PENALTY CLAUSE AND AN EFFECTIVE DATE (Z01-0026) WHERFAS, the City of Denton h~ initiated the origma~ ~onlng for an approximate ~t)0 acres of l~d ~mg ~nex~ into the City of Denlon. to ~grlctlltura[ (A) zomng dlslrtct classification trod W}IE~AS~ on October lO, 2001 the Planing and ?orang Co~a~s~on ~commended approval of~e ~Med zomng, ~d ~IEP~AS, the Clty Councal fi~a ~mt the ~nmg ~s consistent w~th t~ ('omprel~n~lve Plan NOW. I HEREFORE [ItL COUNCIL OF THE CrlY Of DEN ION HEREBY ORDAINS %FCTION ,1 q~e zoning dla~lct ~lasslficat~on and asc des~gnatmn ot Ih¢ a~x~mme 300 ac~ property ~ ~<d~d m ~ le~ &~npt~on attached hereto ~d mco~or~ h~em a~ Lxh~blt A' ~ he.by r~n~ to the A~eull~ (A} e~mmg district cl&s~ficallon and use deslgaatlon under the com~hens~ve ~nlng ordmal<e of ~e Cdy ot Denton, Texa~ SLCTION 2 The City% official zoning map is amended to ,,how the change, m zomng d~stri~t classification SECTION 3 Any pu~on violating an) prowslon of this ordinance shall upon ~.onvictnm, be fi~ a sum not ex~dmg $2,000 {~ Each day that a p~xislon ol this ordmmlce is violated shall constitute a ~ate ~d dlsln<t S~2TION 4 'l~is oMin~ s~ll heu~me elle~l~xe Iouaoan (141 days ~om the date ol as pa~sage, and the ClW Se¢~ry la hereby dir~l~ to ca~e ~he caption o{ lh~s oMmanc¢ to be pubhehed lw~ce in th~ ~mon R~oM-Chronl<le, a daily ae~pa~f published in lhe City of ~nton, l exas. wRhm fen (l O) days ot the ~te of I~ passage 15 PASSED AND APPROVED tlus the __ day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECR.ETARY BY APPROVBD AS TO LEGAL FORM HERBERT L PROU'I~, CITY ATTORNEY 16 EXHIBIT "A" All that certmn tract or parcel of land lying and being s~tuated m the C Manchaca Survey, Abstract number 789, Denton County, Texas, and being a port~on of a certain called 100 00 acre tract described ~n the deed to M T Cole from Henry L~vely and w~fe, Lflhan L~vely recorded ~n volume 247, page 529, Deed Records of Denton County, Texas, and being all of a certtun called 193 57 acre tract described ~n the deed to M T Cole from Henry Lively and wife, Lflhan L~vely recorded ~n volume 247, page 594, of stud Deed Records and being more particularly described as follows COMMENCING at the point ~n the present c~ty hm~ts hne as estabhshed by Ordinance No 99-220, stud point being the Northeast comer of stud OrdInance 99-220 also being the Southeast comer of smd C Manchaca, survey THENCE West, along the north hne of smd Ordinance a d~stance of 2,120 0 feet, more or less, to a point lying m the south hne of H L~vely Road and being the POINT OF BEGINNING of the hereto described tract of land, THENCE West, along the south hne of stud road and the north hne of stud Ordinance a d~stance of 3,580 3 feet to a pomt for a comer, THENCE North, across smd road a d~stance of 50 0 feet, more or less, to a point on the north hne of smd road, THENCE West, along the north hne of smd road a d~stance of 292 66 feet, more or less, to a point for a comer lying m the west boundary hne of smd 100 00 acre tract, THENCE North, along the west boundary line of stud 100 00 acre tract a d~stance of 3,276 85 to a point for a comer being the northwest comer of smd 100 00 acre tract, THENCE East, along the north boundary hne of smd 100 00 acre tract and passing at 1,319 26 feet the northeast comer of smd 100 00 acre tract and also being the northwest comer of smd 193 57 acre tract and then contmmng along the north boundary hne of stud 193 7 acre tract a total d~stance of 3,872 96 feet to a point being the northeast comer of stud 193 7 acre tract, THENCE South, along the east boundary hne of smd 193 7 acre tract a d~stance of 3,326 85 feet to the POINT OF BEGINNING and conttumng 295 46 acres of land, more or less 17 ATTACHMENT 6 Planning and Zoning Commission Minutes October 10, 2001 11 Hold a public hearing and consider making a recommendation to City Council regarding the proposed involuntary annexation, service plan and proposed zoning for approximately 300 acres of land generally located north of Lively Road, south of FM 2449 and west of C Wolfe Road ,in the City of Demon Extraterritorial Jurisdiction A natural gas field development is proposed (A01-0007 Robson Ranch North Annexation & Z01-0026 Robson Ranch North Zoning, Dedra Ragland) a Consider making a recommendation to City Count,1 regarding the proposed annexation (A01-0007, Robson Ranch North Annexation) Motion by Vlckt Holt and seconded by Joe Mulroy to recommend approval to City Council *Discussion of item is included m the Court Reporter's transcript attached to this set of minutes (Page 229) Motion camps 5-1 - Commissioner Bill Kelth opposed b Consider making a recommendation to City Council regarding the proposed zoning to an Agriculture (A) zomng district (Z01-0026, Robson Ranch North Zoning, Dedra Ragland) Motion by V!cla Holt and seconded by Joe Mulroy to recommend approval to City Council *Discussion of item is included in the Court Reporter's transcript attached to this set of minutes (Page 229) Motion carries 5-1 - Commissioner Bill Kelth opposed 18 Page 229 Page 231 ~.., 2 to close 19 AGENDA DATE: Janmu~' 8, 2002 DEPARTMENT: Planmng & Development CM/DCM/ACM: Dave Hill, 349-8314 ~ SUBJECT A01-0009 (TRIO Operating Company Annexation) Z01-0029 (TRIO Operatmg Company Zomng) a Consider adoption of an ordinance on second reading to involuntarily annex 104 acres generally located north of Jim Christal Road, south of University and west of Masch Branch Road, tn the City of Denton Extraterritorial Jurisdiction The Planning and Zoning Commission recommends approval (4-2) (A01-0009) b Hold a public hearing and consider adoption of an ordinance zoning approximately 104 acres generally located north of Jun Christal Road, south of University and west of Masch Branch Road, m the City of Denton Extraterritorial Jurisdiction The Planning and Zomng Commission recommends approval (4-2) (Z01-0029) BACKGROUND An involuntary annexation proceeding is being considered by the City of Demon for the Trio Operating Company annexation In accordance with the City's annexation policy plan, approved in June 1993, the City will "access on a case by case basis" the annexation of areas in the ETJ when significant developments are proposed } On November 6, 2001, City Council considered adoption of the annexation ordinance on first reading No one spoke at the reading ~ On October 10, 2001, the Planning and Zomng Commission held a public hearing and made a recommendation to City Council to approve the proposed involuntary annexation, servme plan and proposed zoning to an Agriculture (A) zoning district The Agriculture zoning district is the most restrictive district and will preserve the general conditions of the site, until the City finishes the citywlde rezomng efforts that began in February 2001 The Agriculture zoning district is typically used as the first zoning district a property receives upon annexation into the city limits } On October 9, 2001, City Council held the second of two public hearings to consider this involuntary annexation and service plan Three property owners within the proposed annexation boundary spoke in opposition to the involuntary annexation ~ On October 2, 2001, City Council held the first of two public hearings to consider this involuntary annexation and service plan Five property owners within the proposed annexation boundary spoke in opposition to the involuntary annexation } On August 14, 2001, Ctty Council d~rected staff to ,mtaate involuntary annexataon proceedings for the subject sate because a natural gas field ~s being proposed The operataon of natural gas wells pmvades revenue opportunat~es for mt,es Annexation of natural gas fields ~s recommended ~f the property as located wathm the designated urbanizing area, is expected to accommodate urban growth m the next twenty years, and if the annexation is contaguous to exastmg caty hm~ts, c~ty roads and rights-of-way, whmh may be used for gas transport Furthermore, aunexataon of natural gas fields wall provide add~taonal regulations to ensure safety and more stringent land use controls for gas field developments and any future development } The subject property ~s located an the extra terntor~al junsdmtlon, as not zoned at th~s tame and ~s undeveloped at thas t~me ~ The Comprehensave Plan designates the proposed annexation area as an Industrml Centers Area and 100-Year Flood Plmn/Envamnmentally Sens~tave Area The proposed zoning des~gnatmn under the Development Code ~s Industrial Center Employment (ICE) Thas zomng des~gnatlon wall allow locataons for a variety of work places and comphmentary uses There wall be hght manufacturing and low ampact industrial uses in th~s category The annexataon area as also subject to the Aarport Compatab~hty Land Use D~stncts (ACLUD-1 & ACLUD-2) After the annexataon of the subject property, any development should be ~n comphance wath the regulataon included an the C~ty of Denton Code of Ordinances, including but not hm~ted to zomng, subd~vas~on and land development regulations, parkland dedlcaUon and landscape ~' The Texas Local Government Code allows a mtmampahty to annex anvoluntanly 10% of the incorporated area as of January 1st of that year Add~taonally, ~f a munacapalaty fads to annex ~n a calendar year the 10% mount permitted, the munac~pahty may carry over the unused allocataon for use an subsequent calendar years A mummpahty may not annex ~n a calendar year, a total area greater than 30% of the ~ncorporated area as of January 1st of that year o There were no involuntary annexataons ~n 2000 Therefore, the 10% amount was carried over As a result of the carry over and the three annexatmns already approved (RyardCountry Club, US 377/I/35W and Blagg Rd), the C~ty has the abthty to annex 6,451 more acres o In 2001, the Caty of Denton has proposed to ~nvoluntardy annex a total of 2,989 acres (Masch Branch, Robson Ranch North, AGF Ranch South and TRIO) ~ S~xteen (16) property owners were notffied of the tnvoluntary annexataon request One response an favor and four responses in opposition were returned (The four property owners in opposataon to the aunexataon were included m the annexataon because they are a part of the gas lease ) ~ Once annexed, the property wall be zoned Agriculture (A) The Agriculture zomng d~stnct ~s the most restnctave dastnct and will preserve the general cond~taons of the sate, untal the C~ty fimshes the catyw~de rezomng efforts that began an February 2001 The Agriculture zomng dastnct as typmally used as the first zoning district a property receaves upon annexation ~nto the mty hmats OPTIONS 1 Approve as submatted 2 Approve w~th condmons 2 3 Deny 4 Postpone consideration 5 Table item Separate motions are required for each action. RECOMMENDATION The Planning and Zoning Commission recommends approval (4-2, Powell and Keith opposed) of this annexation request and approval (4-2, Powell and Kelth opposed) of this zoning request ESTIMATED PROJECT SCHEDULE The annexation process is scheduled to be completed by January 8, 2002 PRIOR ACTION/REVIEW The issue of annexation of this area was first raised as a result of the proposed natural gas field As this property is located in the ETJ, development would be subject to only the City's subdivision regulations, but not any zoning regulatmns The following is a chronology of A01-0009, commonly known as TRIO Annexation Council Work Session August 14, 2001 DRC Review August 16, 2001 1st CC Public Hearing October 2, 2001 2nd CC Public Hearmg October 9, 2001 P&Z Public Heanng October 10, 2001 1st Reading of Ordinance November 6, 2001 2nd Reading of Ordinance January 8, 2002 FISCAL INFORMATION Development of this property will increase the assessed value of the city It will reqmm no short-term public improvements that are the responsibility of the city ATTACHMENTS 1 Location Map 2 Annexation Schedule 3 Property Owner Response 4 Annexation Orchnance 5 Zoning Ordinance 6 October 10, 2001 Planning and Zoning Commission Minutes Prepared By iJedra Den6e Ragland, AICP Small Area Planning Manager Respectfully submitted l~ofi'glas g Vowell AICi~ D~rector of Plying ~d Development ATTACHMENT 1 A01-0009 TRIO NORTH U ~ILVEP,~[T¥ UNiVERSi~ty ~ST~ L ~ JIM CHRiSTAL.~ A 01 0009 l~rRlO Annex ? LOCATION MAP Scale None ATTACHMENT 2 ANNEXATION SCHEDULE OF TRIO Annexation Area (A01-0009) Tuesday, October 2 City Council Conducts first public hearing Wednesday, October 10 Planning and Zoning Commission public hearings - make a recommendation to City Council regarding the proposed annexation and the proposed zoning Tuesday, October 9 City Council Conducts second public hearing Tuesday, November 6 First reading of annexation ordinance - City Council by a 4/5th vote institutes annexation proceedings Sunday, November 11 Ordinance pubhshed m Denton Record Chromcle Tuesday, December 18 Second reading and adoption of annexation ordinance and pubhe hearing for zone change request - City Council by a 4/5th vote takes final action on annexation City CouIlcll by s~mple majority vote takes final action of zone change request ATTACHMENT 3 ---NOTICE OF PUBLIC HEARIN6 A01-0009 (TRIO Annexation) The City Council of the City of Denton w~ll hold two public hearings on Tuesday, October 2, 2001 and October 9, 2001, to con=ider annexing approximately 104 acres Into to the corporate c~ty limits of*the City of Denton, Texas The property is generally located north of Jim Chnstal Road, south of University and west of Masch Branch Road m the western sectmn of the C~ty of Denton Extraterritorial Jurisdiction (ETJ) as show~ shaded in the enclosed map Enclosed for your informa~:~on is the annexation and zone change request schedule, which notes all the required meetings Plannlt~ and Zoning Comml~lon will hold separate public hearings, on the same properbea, on Wadn~day, O~obe~ ~0, aO0~ to ~onaidor making a recommenda~on to Ci~y Council r~andl~g ~ho propo~d annexa~on and xonlng tAe unzon~dproper~. The public hearings will start at 6 p m in the CiLy Council Chambers of Oty Hall located at :215 E McKInney Street, Denton, Texas ~.~cause you own pro/~h/' w/thin the proposed ann~at/on area or w/thin two hundred(200) feet of the subJect prop~rty~ the CIt~, Council would lIke m hear how you/~el aboutthlsannexa#onandzonln_ochanaereou~tandtnv/L~syoutoat~endthepublichear/ngs Pubhc hearings are designed to provide opportunities for dtizen involvement and comment. Tn order for your opinion to be taken into account, please return the enclosed form w~th your comments prior the data of the public hearing ( 77;~/n no wayproh/b/t~ you From attend£ng and ~,'tJ'c/~at/ng /n the ~ub//c 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 Attm Dedra Dem~e Raglandf A][CP, Case Hanager Please circle one Comments: ,We are not in favor of this proposal ~ou ~re~bl~ onl,y,.j~sted in collecting t~xes. In other cases you have failed to prcwde city servlce~. CIW, State Zip' Denton, TX 76208~i.__~. ~.P ~ I ~00~ Telephone Number, 9bo-387-5;013 PhysicaI Address of Property within 200 fee~ .~ m c.~,t.,3~r ~ PLANNtNG& DEVELOPME. N~, CITY OF DENTON, TEXAS CtTYHALLWEST . DENTON TEXAS 76201 · 9403498350 . (F)9403497707 NOTICE OF PUBLIC HEARIN& A01-0009 (TRIO Annexation) The City Council of the City of Denton will hold two public hearings on Tuesday, October 2, 2001 and October 9, 2001~ to consider annexing approximately 104 acres into to the corporate city limits of the City of Denton, Texas The properW is generally located no~th of J~m Chnstal Road. south of University and west of Meech Branch Road m the western section of the C~y of Denton Extraterritorial JurisdiCtion (ET J) as shown shaded in the enclosed map Enclosed for your information is the armexatlon and zone change request schedule, which notes all the required meetings ~ ~0~ ~00~ ~o co#~lder rnakln~ a r~-ommendaUon ~o ¢i~y C. ounc/I r~ardl~ ~he proposal annmm~on and zonln~ ~he unxoned The public hearings will s~art at 6 p m. In the City Council Chambers of City Hall located at 215 E HcKInney Street, Dellton, Texas, Beca//.~ you own property wRhln the proposed annexation area or within L~vo hund~d (200)/~t of the subJ~ properly, the O~y Council would like to hear how you ~el about ~hls annexation andzonln_a chan_ae/~ueat and InvRea you to a~end the public hearings Pubh¢ hearings are designed to provide opportunlfles for dflzen involvement and comment In order for your opinion to be taken into acCount, please re~urn the enclosed form w~th your comments prior to the date 'of the public hearing ( This In no way prohibits you from attending and part/c~oa~tng In the ~ubllcheadng) You may fax it to the number located at the bottom, mail it to the address below, or drop it off In-person r~' ~,--~' Planning and Development Department '~'~ ~ ~; ~ ~! 221 N. Elm ST Denton, Texas 76201 SEP ~ ! 2001 Attn: Dedra DenSe Ragland, A][CP, P~.ANN[[~G & DEVELOPMEN please circle one: _- CITY OF DENTON, TEXAS CITYHALLWEST , DENTON TEXAS 76201 · 9403498350 · (F)9403497707 NOTICE OF PUBLIC HEARIN& AOZ-0009 (TRIO Annexation) The City Council of the City of Denton will hold two public hearings on Tuesday, October 2, 2001 and October 97 2001, to consider annexing appro~ma~ely 104 acres into to the corporate clb/ limits of the City of Denton, Texas The property Is generally located north of Jim Christal Road, south of University and west of Masch Branch Road in the western section of the City of Denton Extraterritorial Jurisdiction (ETJ) as shown shaded in the enclosed map Enclosed for your information Is the aanexaflon and zone change request schedule, which notes all the required meetings i'he Plan#l~j~ a~d,~o#ln~ Commie/on will hold separate public hearing~ on .l~?. same pr_o. per~_es, on.. Wedna~fay~ October ZO/ 2gO~, tO co.n~lde, r n~..Idn~ a re~o. mmen?agon to City ¢ouncu re~ardln~ t~e propo~d annexaffon eno zon/n~ me unzone~pmpetty, The public hearings will start at 6 p m. in tim City Council Chambers of City Hall Iocatad at 215 E HcKlnney Street, Denton, Texas, Becm~e you own property within the proposed annexa#on area or within Plvo hundred (200) ~et o£ the sub. le4t property, ~e c~ty Council would #Ice to hear how you ~el about th~ ~n~affon andzon/no chan~e request andinv~s you to attend the public hear/ng.~ Pubhc hearinga are designed to provide opportunities for dozen involvement and comment In order for your opl~lon to be taken Into account, please return the enclosed form w~th your comments prior ~o the data of the public hearing ( This In no v~yproh~ib~ you ~om attending and ~ubl/c hear/n.q) You may fax it to the number located a~ the bottom, mail i~ to the drop I~ off In-person, Pla.hi.0 a~ ~velepment Departme.t ~ ~, o 221 N, Elm ~ Denton~ Texas 76201 Attn= Dedra Dell~e Raglaad~ A~CP, Case Iqanager Iqease circle o.e, /..~-'~'- I~11 ~'b z In favor of request Neutral to request(~_ Opposed to~ r.Opposed to - m-nt~:~ - . ~ -'-'----~-----~ ~ ~ corn e ,:~ ingAddrees. ,.TZA aty, stata "TX Ph~/slc~l Address of property within 200 feet /--~Y~' ~ 0/~/~ CITY OF DENTON, TEXAS CITYHALLWEST · DEb'TON TEXAS 78201 9403498350 · (F)9403497707 9 AO:L-O009 (TR/O ANNEXATION) NORTH CITY OF DENTON, TEXAS c~TY HALL WEST · DENTON TEXAS 78201 o ;40 349 8350 · (F) 940 349 7707 ]0 i ' OTZCE OF PUBLT¢ HEARZN , ', AO:I.-O009 (TRZO Ann ation) ~e C~ ~undl of ~e C~ of ~nton will ~1~ ~ public hea~ngs on Tue~ay~ ~o~r 2, 200[ a~d ~ber 9, ~, ~ ~nslder ann~lng a~mxlma~ly [0~ acres into ~ the ~orate ci~ liml~ of the~ of ~n, T~$, ~ pm~ ls generally Io~ated no~h of J;m ~hd~l R~dzso~h ~ Unive~t~ ~d west of Maeoh Bmnoh Road in the ~stern se~ of tne u~ty ot uemon ~rateff~l du~n (~J) as shown shad~ In the endos~ map Enclos~ for your information Is the ~ and zone c~nge r~u~t ~edule, which notes all ~e required me~lngs ~ C~ml~on ~11 hold ~m~ p~lc he~g~ on ~e same ~ on ~ ~ ~ ~. ~a~ ~u own ~e~ wl~in ~e p~ a~n~n ~ln ~ ~(~) ~ oY~e sub~pm~ ~e ~ Coundl ~ldkke hea~ngs~ are designed ~ pr~e 0P~n~ for dflzen ~nvo~vement ana commen~ ~n oraer mr Into a~unt, plea~ tatum ~e endos~ fo~ wl~ your commen~ pnor 22~ N. Elm ~ Pl~ cimle one: Ne~l to ~ue~ ClTY OF DENTON, TEXAS CITYHAI~LWE~FI' · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 (ET J) aS shorn Sh~ In ~e ~o~d map ~clo~ ~r your inf~a~ Is ~e anne~t~ and ~n~ r~ ~o~, whi~ not~ all the r~ulred m~ngs ~ ~/~ a~ ~/~ w/~/n ~ h~ (~) ~t ~ ~ ~ P~ ~ ~ C~nc/l ~ hke ~o h~r h~ ~ a~ ~ ~ a~ z~i~ ~ ~ a~ /n~t~ ~ ~ a~end the ~ h~d~ Public opIn~ m be ~n I~ ~unt, p~ re~m.~ end~ed. ~ ~ date ~ ~ pu~ ~rlflg ( ~/n no way p~h~/~ ~u ~m ~ ~b//c ~ng) Y~ may ~ E ~ ~e numar t~d at ~e drop E offln~n Planning a~ ~ment 22[ N, Elm ST ~n~n,T~as 7620~ ~Nl~ DEVELOPMENT Zn ~vor ~ r~u~ NeWel m reque~ ~0~ to re~ Signature Printed Name OW ~t~m 7Jp Telep~ Numar w~ln 2~ ~ OF DENTON, T~AS CI~HALL~ST ' DF~ON T~$ 76201 940~983~ (p3~0~97707 12 NOTZCE OF PUBL]:¢ HEARIN& A01-0009 CTP. ZO Annexation) Z01-0029 (TRZO Zoning) ~ City Coundt a~ ~a CVs/ol~ Denton will hold the second o~ two public heatings on Tues4ay, O~ber g~ 2IDOL ~ cons~ter annexing ~pm~mately ~ acr~ I~ ~ ~e mrpo~ cl~ I~m~ ~ the ~ o~ ~n, Te~s, ~e pmpe~ Is gen~lly I~a~ no~h of J~ Ch(~tal Roa~, sou~ ~ Un~e~iW aed ~t ~ Mas~h ~ran~ Road In the ~rn ~lon ~ the City of ~on ~t~el Juri~l~on ~e pubic ~a~ w~l ~ ~t 6 pm. In ~ O~ Coundl ~ambe~ of Cl~ Hall ~ a~ 215 E ~~ ~ ~~~a ~ ~ a~~ Pubhc F~arln~ am des[~ to pr~e o~un~es ~ dU~n In~l~enL a~ comment In order your ~in~n ~ ~ tarn In~ ~ou~ p~se m~ ~e ~l~d f~m ~th your commen~ p~r~ the da~ of ~ pu~lc h~dng (~/~ ~ ~Y~ ~ ~ ~ ~~ ~c ~) You may ~x I~ to ~e num~ Ioc~ at the bo~, mall ~ ~ ~e addr~ ~, or drop it ~ I~. ~anl~ and ~ent ~e~ De~ T~. 76202 A~m ~ ~ ~glan~ A~P, ~ Man~ p~ ~ one: In f~or ~ r~ ~ral ~ ~quest O~d ~ request Com~ CITY OF DENTON, TEXAS CIIYHALLWEST * OENTIDN TEXAS 13 14 ATTACHMENT 4 ORDINANCE NO ~,~_ AN ORDINJAN~I{ OF T~ CITY OF DENTON, TEXAS, ANNEXING A.PPROXIMATELY I04 AC~.E~ O~ I~A~ CO~O~ A~ AD~ACE~ TO THE CITY OF DENTON T~.S. L~AT~D NO~ OF ~M ~I~AL RO$~, SOUWd OF I~V~ITY ~qD W~T ~ ~ ~CH ROAD. IN T[TE CITY OF D~ON JU~I~ON L~G ~D BEING SITUAT~ [N ~IE MYER~BRL~T-JO~SON S~Y, ~~ ~MB~ 1699~ DE~'ON COUNTY, ~, A~ BEING A POR~ION ~ A ~TA~4 CAL~D 45 000 AC~ FP~CT DE~BED IN ~E DEED ~ V~ C L~B~T A~D ~T J LYBBERT FROM REAL PROPERS' FX~, L.C~ ~CO~D BY gOL~ C~ Ft~ NU~ 9~0135~ A~ ~E~G AUL OF A C~T~ C~ 3 0l~ AC~ T~ DESCP~ ~ ~ DEED TO LA~Y ~O ~OM ~LL L~CH ~LOCA~ON ~AGE~' iNC. ~CO~D ~ ~ 1321. PAGE 230, REAL ~OP~TY ~CO~ OF DENTON C~'Y,~ ~8. ~ ~E~ ~L OF A CERTA~ CALLED 8~ A~ ~CT D~CR~ ~ ~ D~ TO ~ E~ COLE P~ND LIN~A L COLE ~.OM ~NALD G COLE L~ ~LY P~H~ ~C~ED ~ VOLUME 4571, PAGE 1057, OF S~ P~ PRO~ ~. A~ ~E~G ~ OF A ~T~ CALLED [9.1~ A~ DE~ED ~ ~ DEED ~ MARK E ~I~E A~ ~A J COLE F~M DG~D O. ~LE L~ FAMILY PAR~S~ RF~R~D ~ VOL~ 4750, PA~E ~% OF ~ ~L PROPER~ R~tOR~. AN~ BE~ ALL OF A C~T~ ~D ~.~5 AC~$ DES~ iN T~ D~ TO V~L C L~BERT ~ ~O~ J. L~B~ F~ DAV~ H S FEINER ~ND M~Y K ~O~ BY ~ CL~ ~LE NL~ER ~.R~!33 OF $~ ~L PROPER~ ~S, A~ ~O ~L OF A CERT~' C~KED 1A056 ACR~ TRACT DE~IB~ ~d ~ D~ TO ~ ~, COLE A~ L~OA CO~ FROM DON~D G COLE CO~ ~CO~'~ ~ VOLUN~ 239~, PAGE 283, OF 8~ ~AL ~COR~. ~ BE~ ALL OF A CERTA~ 3~ A~ DE~ IN ~E DEED TO ~LIAM DA~ PA~E~ON A~ B~NICE PA~ON F~ GO. ON T. $~S~N R~ORDED ~ VOLD~ 7~. PAGE D~D ~O~ OF D~ COl~, T~AS, AND BErG A CALLED 2.95 ~CT D~~ tN THE D~D TO ~tR CONSTRUCTION CO. ~C FROM ~ DAV~ PA~EP~ON AN~ B~lECE PA~ON RECORDED ~ VOLUME 4457. PAG~ i$~, OF SAID R~ PROPERTY RECORDS, PROV~ING A BEaRABlY ~AUSB, ~ PROV~G ~N ~FEL~IVE DATE W~8, ~ A~ 14. ~1, the CLPy Cmmed d~ smff~ m]~te t~ ~x~on ~S, ~ ~ i0, 2~1, ~hc P~ ~nd Zoning Co~mston ~mend~ app~vM ot~ ~at~; and WH~S, ~e Ciw Co~I1 ftys ~t the ~ being ~nex~ ~ntalns ~ th~ ~t~ ~ of~ ~ which ~e ~ mo~ rc~ztn] d~,eUla~ ~ l~d on ~h ~*, mad 15 WHE~, ih~ nnnex~on ~a being m~h~ und~ Sub~pt~r C~I T~ L~ ~~ C~, ~ ~~, ~ Ctty C~I ~s tha~ nit ~ed no~ w~ ~, p~bh~ ~ b~ t~ C~ C~un~LI were held in ~ C~ol C~mb~ on ~m~ ~ ~L ~ C~r 9, 2~1, ~h ~ ~ on ~ ~ ~e 20 ~ day of~ ~ of~e i~t~on o~ p~od~) ~ ~]ow ~1 ~ems~ ~n~ ~ m~o~of~s ~ at a~of~ CllY Counol on Nov~bg ~ ~1, ~ ~s ~ ~ b~ publ~d m ~ll one time la t~ o~ci~ d¢~D~t ~t ~ ~ ~ PI~ NOW, T~FO~, ~E CO~C~ ~ T~ C~ OF D~N ~Y O~$ ~n~ ~ ~ ~ ~x~ ~ ~e Ct~ of D~ T~ ~a ~e p~ ~ ~ Exh~ *~", and m~ by p~ of ~ ~ T~ ~ plan ~ mad~ av~ rot p~bc w~n~ ~d ~p~t~ ~ ~ ~ of~ ~ ~ ~ at the above ~ ~blic ~, ~ any ~ of ~ts ~dm~cc be ~ld 'dt~a[ for d~I~a ~ ~ be ~m p~ m ~ to ~c O~y of D~on all ~ ~e~ ~ ~ m E~b~t "A~ ~!~ of ~ ~ ot~ p~ of t~ d~e~ ~Y ts ~ ~ttve[y ~ of~ C~ ofD~ ~ ~ ~e l~l~ of~y o~ city, town ~ v~tla~, ~ is ~ ~thm ~r ~s o~i~ ~11 ~me eff~ttve ,~t~ly u~ gs p~s~ ~d ~pmval~ 16 PA~S~ AI~D APPROVED Ik~ tl~ ............. ~[ay o£ ~, 2001. EUL~TE~ BROCK.. MAYOR ATI~ST, · ~NNIF~R WALTBI~, CITY BY APPROVED Ag TO LI~OAL FORInt: Y 17 EXHIBIT "A" All that certain tract or parcel of land lying and being situated in the Myers-Brummet-Johnson Survey, Abstract number 1699, Denton County, Texas, and being a portion of a certmn called 45 000 acre tract described tn the deed to Verl C Lybbert and Margaret J Lybbert from Real Property Exchange, L C recorded by County Clerks File number 94-R0060135, and being all of a certmn called 3 014 acre tract described m the deed to Larry Manning from Merrill Lynch Relocation Management Inc, recorded in volume 1321, page 230, Real Property Records of Denton County, Texas, and being all of a certain called 8 00 acre tract described in the deed to Mark E Cole and Llnda J Cole from Donald G Cole Limited Family Partnership recorded in volume 4571, page 1057, of said Real Property Records, and being all ora certain called 19 109 acres described in the deed to Mark E Cole and Llnda J Cole from Donald G Cole Limited Family Partnership recorded in volume 4750, page 737, o£smd Real Property Records, and being all of a certain called 24 265 acres described in the deed to Verl C Lybbert and Margaret J Lybbert from David h Stelner and Mary K Stelner recorded by County Clerks File number 94-R0060133 of smd Real Property Records, and being all ofa certmn called 1 1056 acre tract described in the deed to Mark E Cole and Llnda Cole from Donald G Cole and Martha Cole recorded in volume 2394, page 283, of smd Real Property Records, and being all of a certmn 3 00 acre tract described in the deed to William David Patterson and Bernice Patterson from Gordon T Salsman recorded in volume 740, page 364, Deed Records of Denton County, Texas, and being a called 2 95 acre tract described in the deed to JHR Construction Co, Inc from William David Patterson and Bermece Patterson recorded in volume 4457, page 1806, of smd Real Property Records, and being more particularly described as follows BEGINNING at the point in the present city limits line as established by Ordinance No 86-102, smd point being the Southeast comer of smd Ordinance 86-102 also being the Northeast comer of the established city limits line by Ordinance No 83-90 and lying in the centerhne of Jim Christal road, THENCE North 00 Degrees 11 Minutes 40 Seconds West, along the East boundary line of smd Ordinance No 86-102 a distance of 3,090 5 feet, more or less, to a point lying in the north survey line of the Myers-Brummett-Johnson Survey, Abstract Number 1699, THENCE in a Easterly direction along the North line of smd Survey the next following 3 (three) calls 1 Thence South 89 Degrees 49 Minutes 18 Seconds East, A d~stance of 394 07 feet to a point, 2 Thence South 88 Degrees 25 Minutes 54 Seconds East, A distance of 59 94 feet to a point, 3 Thence South 89 Degrees 37 Minutes 36 Seconds East, A distance of 659 22 feet to a point, THENCE South 89 Degrees 51 Minutes 58 Seconds East, a distance of 319 41 feet to a point in the north survey line of smd survey and being in the west line of the present city limits hne established by Ordinance No 82-52, THENCE South 1250 feet west of and parallel to the centerhne of Masch Branch Road, an approximate distance of 3,224 27 feet, more or less, to a point for a corner, said point lying in the center line of Jim Christal Road, and smd point also being in the present city limits line as established by Ordinance No 69-40, THENCE in a Westerly direction along the centerhne of Jim Christal Road and along north line of smd city hmlts line established by Ordinance No 69-40 the next following 6 (six) calls 1 Thence North 86 Degrees 21 Minutes 17 Seconds West, a distance of 134 54 feet to a point, 2 Thence North 86 Degrees 15 Minutes 59 Seconds West, a distance of 158 00 feet to a point, 3 Thence North 86 Degrees 21 Minutes 41 Seconds West, a distance of 153 38 feet to a point, 18 4 Thence North 85 Degrees 07 Minutes 30 Seconds West, a distance of 264 74 feet to a point, 5 Thence North 85 Degrees 22 Minutes 45 Seconds West, a d~stance of 264 61 feet to a point, 6 Thence North 84 Degrees 31 M~nutes 45 Seconds West, a distance of 264 31 feet to a point, THENCE North 88 Degrees 17 M~nutes 00 Seconds West, along the centerhne of stud road and the north hne of stud Ordinance, a distance of 191 10 feet more or less to the POINT OF BEGINNING and containing 104 05 acres of land, more or less 19 EXHIBIT "B' CITY OF DENTON SERVICE PLAN FOR A01-0009 (TRIO) I AREA ANNEXED The annexataon area is located m the western pomon of Denton's Extraterritorial Jurisdiction and eontmns approximately 104 acres generally north of Jim Christal Road, south of University and west of Masch Branch Road II.~. INTRODUCTION This service plan has been prepared in accordance wath the Texas Local Government Code, Sections 43 021, 43 065, and 43 065(b)-(o) (Vernon 1999, as amended) Mumclpal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available ~n other parts of the city wath similar topography, land use, and population density III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A Police Protection, Code Enforcement, and Animal Control Police service, including patrolling, response to calls, code enforcement and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and eqmpment The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure mmntenance avmlable in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area B. F~re Protection and Fire Prevention Fire protection and prevention services will be provided on the effective date of the annexation using existing Denton Fire Department personnel, equipment, and mutual md agreements with Argyle Volunteer Fire Department and Ponder Volunteer Fire Department The City shall provide a level of services, mfrastmcture and infrastructure maintenance that ~s comparable to the level of services, infrastructure and infrastructure mmntenance avmlable in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area Fire station #5, located at Windsor and Bonme Brae 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 City of Denton and/or Denton County, shall be mmntalned by the City of Denton on the effective date of the annexation Installation and mmntenance of street signs, street 2O lighting and traffic control devices will be mamtamed by the Cxty of Denton on the effective date of the annexataon D. Parks and Recreation Facilities Parks and recreational factht~es in the area to be annexed will begin 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 area Denton neighborhood park facilities are located w~thln 2 15, 2 29 and 2 21 miles of the proposed annexation area Residents of the proposed annexation ama will he able to use existing City of Denton park and recreation facilities and programs E Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as s~mllar library facilities are malntmned throughout the city F Bufldmg Inspections and Consumer Health Services Building inspections and consumer health services will he made avadable on the effective date of the annexation on the same basis and at thc same level as similar facilities are mmntalned throughout the City Both servmcs are provided on a "cost recovery" basis, and permit fees offset the costs of services dehvered Incomplete construction must obtmn bmldmg permits from the Building Inspections Department of the City of Denton G. Planning and Development Services Planning and development Services will be made avmlable on the effective date of the annexation The Planning and Development Department currently services this property by way of admlmstratlon 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 in the city and ~ts ETJ, and the subject tracts contmn Industrial Centers and 100 year Floodplmn/Environmentally Sensitive Areas 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 avmlable infrastructure, and by preserving floodplains as environmental and open space corridors The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed IV. UTILITY (RATEPAYER} SERVICES A Solid Waste Collection The City of Denton is the exclusive residential and commercial solid waste service provider in the City The Department is an entirely fee based operation and received no resources from taxes Solid waste collection service will be prowded to the property upon the effective date of the annexation using existing personnel and equipment 21 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 providers after the effective date of this annexation in accordance with Texas Local Government Code, Section 43 056(o) (Vernon Supp 2000) To receive solid waste collection service, the customer must contact the City of Denton Customer Service Office and submit a request/apphcatlon for service Currently the site contmns no residences or businesses B Water/Wastewater Facilities The City of Denton has no existing utility lines located within the proposed annexation area The City shall provide a level of services, infrastructure and infrastructure mmntenance that is comparable to the level of services, infrastructure and infrastructure maintenance available m other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area The desired water and wastewater service options and the phasing of the improvements will be determined as a part of the land development and platting process The financial responslbthtles for funding water and wastewater system improvements to serve the development will be negotiated with the developer and approved by the Denton Public Utilities Board, Planning and Zoning Commission and City Council C Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation The City shall provide a level of drmnage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and mfrastmcture mmntenance avmlable in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area D. Electmcal Services Denton Municipal Electric is certified by the State and is obligated to provide electric utility service to the annexation area should a request be made by a property owner Electne utility service will be made available on the effective date of the annexaUon on the same basis and at the same level as similar facilities are maintained throughout the city Denton Municipal Electric is certified to serve all of this property The property along US 380 is single certified with Denton Municipal Electric OTHER SERVICES Other services that may be provided by the City, such as municipal and general administration will be made available on the effective date of the annexation The City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure mmntenance available m other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area 22 VI. CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drainage facilities 1S contemplated w~thln the annexed area as a result of th~s annexation because the annexed area on the date of annexation will have a level of full mumclpal servmes equal to other areas w~thln the C~ty hawng similar charactenstms of topography, land use, and population density Thus, no construction of pubhc ~mprovements ~s contemplated as a result of th~s annexation that would beg~n w~thm two and a half (2 ½) years after the effective date of the annexation The Cmty shall consider constructaon of other public improvements as the needs dictate on the same bas~s as such pubhc improvements are considered throughout the City for areas hawng s~rmlar characterlmcs of topography, land use, and population density VII UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall reqmre the City to prowde a uniform level of full mumc~pal servtces to each area of the C~ty, including the annexed area, ~f d~fferent charactenstms of topography, land use, and population density are considered a sufficient bas~s for prowd~ng different levels of service VIII TERM Th~s service plan shall be vahd for a term often (10) years Renewal of the service plan shall be at the discretion of C~ty Counml IX AMENDMENTS The servme plan may be amended ~f the C~ty Council determines at a pubhc heanng that changed conditions or subsequent occurrences make th~s service plan unworkable or obsolete The C~ty Council may amend the servme plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43 056 (Vernon Supp 2000) 23 ATTACHMENT 5 ORDINANCE NO. 2002- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF LAND, COMPRISING APPROXIMATELY 104 ACRES IN THE CITY OF DENTON TO THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION, TIlE TRACT BEING GENERALLY LOCATED NORTH OF JIM CHRISTAL ROAD, SOU1H OF UNIVERSITY AND WEST OF MASCH BRANCI! ROAD, IN TIlE CITY OF DENTON EXTI~TERRITORIAL JURISDICTION; PROVIDING A PENALTY CLAUSE AND AN EFFECTIVE DATE (Z01-0029). WHEREAS, the City et Denton has mltaated the ongn~l zoning ter an approximate 104 acres of land being annexed rote the City of Denton, to Agricultural (,k) zomng dlsmct dassfficatlon and ube, and WHFREAS, on October 10, 2001, the Planning and ?orang (omm~ssmn recommended approval of the requested z~onmg, and WHEREAS, the Cfl¥ Council finds that the zoning is consistent ;~th the Comprehensl;e Plan NOW, THEREFORF THE COU'NCII OF iHECIIY OF DFNqON HFRFBY OR1)A[NS bEC I iON [ 21~e zoning district class~ficatmn and use designation of the approximale 104 acre property as described m the legal des{.nption attached hereto and incorporated hereto as Lxhtha "&' ts hereby zoned to the Agricultural (A) zomng &smct class~ficatmn and usc deq~gnatmn under the ~omprehens~ve zomng ordinance et the City of Denlon, Texas SEC 1 iON ~ The City's official zomng map ~s amended to show thc change m zoning district class~ficatmn S~IiON 3. Any person violating any prowsmn et thru ordinance shall, upon eom ~ctmn hc fined a sum not exceeding $2,000 00 Each day that a pmwsmn of thlq ordinance ~s ~mlmed shall constitute a separate and distract offense ~4bCt,ION 4 lhls ordinance shall become ellecu~e lourteen 04) days lrmn lhe date el its passage, and the City Secretary is hereby directed to cause the caption et th~s or&nance to he published twice m the Denton Record-Chromcle, a daffy newspaper published m thc City of Denton~ Texas within ten ( t 0) days of the date of its passage 24 PASSED AND APPROVED thts the .... day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFI~R WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 25 EXHIBIT "A" All that certain tract or parcel of land lymg and bemg s~tuated tn the Myers-Brummet-Johnson Survey, Abstract number 1699, Denton County, Texas, and be;ng a portton of a certain called 45 000 acre tract described m the deed to Verl C Lybbert and Margaret J Lybbert from Real Property Exchange, L C recorded by County Clerks Ftle number 94-R0060135, and being all ora certarn called 3 014 acre tract described m the deed to Larry Manmng from Merrdl Lynch Relocatton Management Inc, recorded tn volume 1321, page 230, Real Property Records of Denton County, Texas, and betng all of a certatn called 8 00 acre tract dascr~bed m the deed to Mark E Cole and Ltnda J Cole from Donald G Cole Ltmlted Famdy Partnership recorded tn volume 4571, page 1057, of sard Real Property Records, and being all ofa certmn called 19 109 acres described tn the deed to Mark E Cole and Llnda J Cole from Donald G Cole Llmtted Famdy Partnershtp recorded tn volume 4750, page 737, of sard Real Property Records, and being all of a certmn called 24 265 acres described m the deed to Verl C Lybbert and Margaret J Lybbert from David h Sterner and Mary K Stelner recorded by County Clerks Fde number 94-R0060133 of said Real Property Records, and being all of a certmn called 1 1056 acre tract described tn the deed to Mark E Cole and L~nda Cole from Donald G Cole and Martha Cole recorded in volume 2394, page 283, of smd Real Property Records, and betng all of a certmn 3 00 acre tract described in the deed to Wllham Davtd Patterson and Bemlce Patterson from Gordon T Salsman recorded m volume 740, page 364, Deed Records of Denton County, Texas, and being a called 2 95 acre tract described m the deed to JHR Construction Co, Inc from William David Patterson and Bem~ece Patterson recorded in volume 4457, page 1806, of said Real Property Records, and being more particularly described as follows BEGINNING at the point in the present c~ty hm~ts hne as estabhshed by Ordinance No 86-102, said point betng the Southeast comer of said Ordinance 86-102 also betng the Northeast corner of the estabhshed ctty hmtts line by Ordtnance No 83-90 and lytng tn the centerhne of Jim Christal road, THENCE North 00 Degrees 11 Minutes 40 Seconds West, along the East boundary hne of smd Ordinance No 86-102 a dtstance of 3,090 5 feet, more or less, to a point lytng ~n the north survey line of the Myers,Brummett-Johnson Survey, Abstract Number 1699, THENCE tn a Easterly dlreetton along the North hne of smd Survey the next following 3 (three) calls 1 Thence South 89 Degrees 49 Mmutes 18 Seconds East, A dtstance of 394 07 feet to a point, 2 Thence South 88 Degrees 25 Minutes 54 Seconds East, A distance of 59 94 feet to a pmnt, 3 Thence South 89 Degrees 37 M~nutes 36 Seconds East, A dtstance of 659 22 feet to a pmnt, THENCE South 89 Degrees 51 Mmutas 58 Seconds East, a dtstance of 319 41 feet to a point tn the north survey hne of smd survey and being ~n the west hne of the present mty hmtts hne estabhshed by Ordtnance No 82-52, THENCE South 1250 feet west of and parallel to the centerhne of Masch Branch Road, an approximate dtstance of 3,224 27 feet, more or less, to a potnt for a comer, smd pmnt lytng tn the center hne of Jtm Christal Road, and smd point also betng tn the present c~ty hm~ts hne as estabhshed by Ordtnance No 69-40, THENCE tn a Westerly dtrectlon along the centerhne of Jtm Chrtstal Road and along north hne of satd c~ty hmtts hne estabhshed by Ordinance No 69-40 the next followtng 6 (slx) calls 1 Thence North 86 Degrees 21 Minutes 17 Seconds West, a dtstance of 134 54 feet to a point, 2 Thence North 86 Degrees 15 Minutes 59 Seconds West, a dtstance of 158 00 feet to a pmnt, 3 Thence North 86 Degrees 21 Minutes 41 Seconds West, a dtstance of 153 38 feet to a potnt, 26 4 Thence North 85 Degrees 07 M~nutes 30 Seconds West, a d~stance of 264 74 feet to a pmnt, 5 Thence North 85 Degrees 22 Minutes 45 Seconds West, a d~stance of 264 61 feet to a prom, 6 Thence North 84 Degrees 31 Mmutes 45 Seconds West, a distance of 264 31 feet to a prom, THENCE North 88 Degrees 17 M~nutes 00 Seconds West, along the centerhne of smd road and the north hne of smd Ordmance, a distance of 191 10 feet more or less to the POiNT OF BEGINNING and contmnlng 104 05 acres of land, more or less 27 ATTACHMENT 6 Planning and Zoning Commission Minutes October 10, 2001 13 Hold a public hearing consider making a recommendation to City Council regarding the proposed involuntary annexation, service plan and proposed zoning for approximately 104 acres generally north of Jim Christal Road, south of Umverslty and west of Masch Branch Road in the City of Denton Extraterritorial Jurisdiction A natural gas field development is proposed (A01-0009 TRIO Operating Company Annexation & Z01-0029 TRIO Operating Company Zoning, Dedra Ragland) a Consider making a recommendation to City Council regarding the proposed annexation (A01-0009, TRIO Operating Company Annexation) Motion by Joe Mulroy and seconded by VIcki Holt to recommend approval to City Council *Discussion of item 1s included in the Court Reporter's transcript attached to this set of minutes (Page 236) Motion carries 4-2 - Commissioner Bob Powell and Commtssioner Bill Ke~th opposed b, Consider making a recommendation to C~ty Council regarding the proposed zoning to an Agriculture (A) zomng district (Z01-0029, TRIO Operating Company Zoning, Dedra Ragland) Motion by Joe Mulroy and seconded by Vlckl Holt to recommend approval to C~ty Council *D~scussIon of item is included in the Court Reporter's transcript attached to this set of minutes (Page 236) Motion carries 4-2 - Commissioner Bob Powell and Commissioner Bill Ke~th 28 Page 233 Page 235 2 CO,"..~,.aJSSIO?.'EP. PJ£HEL That bt:rig: u: t9 ~ 2 tc Lar:~' P.:::~ 2 Ite~N: 12,-:,'h::k::hz]da~'ab]::~:~mg~deea::~er 3 COMMIEEIONEP.~EITH T~ank)'z'a Larr)' 29 Page 237 Page 239 1 MS RAGLAND Agatn, because this ~s an I COMMISSIONER KEITH So the reason why 2 involuntary annexaUnn the City of Denton Is the 2 we're going altar this ~s because of royalties, another 3 applicant Gas wells are also proposed as identified on 3 land grab r:ghf~ 4 the map provided to you on page 4 m your baakup and also 4 COMMISSIONER RISHEL You don't have to 5 up on the document camera serean There are four property 5 comment 6 owners who are opposed to this annexation These property 6 COMMISSIONER KEITH Thank you very much 7 owners are part~olpants in the gas well lease Their 7 COMMISSIONER RISHEL Commissioner Roy 8 comments have been provided to you begmnmg on Page 24 in 8 COMMISSIONER ROY I noticed that there 9 your backup I've also I need to provide you w~th 9 are several homes I'm assuming prope~y owners opposed to 10 copra of addltaoanl comments by two of the property 10 this On an annexation ~s there 20 percent mia that I l owners that We received following the report being pnnted I 1 apphes to the annexauon? 12 and d~stnbutad These comments were received on October 12 MS RAGLAND No because they reqmre a 13 5th and October 8th 13 super majority vote by C~ty Council anyway 14 Again the annex schedule Is prowded on 14 COMMISSIONER ROY For any annexatmn9 15 page 9 m your backup The City Councd pubhc heanngs I q MS RAGLAND For any annexatmn 16 were held on Tuesday October 2nd and Tuesday October 16 COMMISSIONER ROY Thank you 17 9th 2001 staffreanmmandsapprovalofboththe 17 COMMISSIONERRISHEL Anyfurther 18 annexation involuntary annexation and the zoning 18 questions of staff Commlss~oners~ Once again th~s ~s a 19 COMMISSIONER RISHEL Commission Kelth 19 pubhc hearing I would ask that anyone who would hke to 20 COMMISSIONER KEITH Question of staff 20 speak e~ther for or against th~s ~tem on our Agenda, 21 I'm noticing hem that there's one opponent made the 21 please come forward Anyone who would like to speak 22 point sam all you want ~s the taxes yet you're not 22 e~ther for or against th~s ~tam please come forward 23 getting the public serwce out there Are there any 23 Seeing no one who would hke to speak I will close the 24 pubbc water lines out there? 24 pubhc hearing on Item No 13 on our Agenda and ask Ms 25 MS RAOLAND No 25 Ragland to gxve us her final closing comments Page 238 Page 240 I COMMISSIONER KEITH Are there any sewage I MS RAOLAND Again staff recommends 2 hnes out there? 2 approval of both the annexation and the and zomng 3 MS RAOLAND No 3 COMMISSIONER RISHEL Thank you Ms 4 COMMISSIONER KEITH So everything is 4 Ragland Comm~ssmners - Commissioner Kelth 5 self sustaining They have their own septic tanks, wells, 5 COMMISSIONER KEITH Yeah 1 just wanted 6 and the hke 6 to go on the record that m my questioning of the staff 7 MS RAGLAND I would assume so 7 member ~s nothing personal or threct, 1 just wanted to 8 MR, WELLS Okay SolstheCltygomgto 8 knowwhatlheatotudeofthlsC~tyHall~sandthe 9 be making any plans to provide them w~th any of that out 9 pohtlcs of the town Thank you very much 10 there Now I know there's a lot of homes and whatnot 10 COMMISSIONER RISHEL That was your comment 11 that's being built out m there I I and we understood where that was - and there wasn't a 12 MS RAGLAND No Those am fee based 12 need for her to make a comment regarthng that 13 serwcos 13 Comm~ssmer Powall 14 COMMISSIONER KE1TH They're what9 14 COMMISSIONER POWELL Yes sir I have m 15 MS RAOLAND They're fee based servlees so 15 agree w~th Mr Kelthonthtsone lflon'tbehevett~s 16 they're not serv~eas that will automatically be prowded 16 fair to bnng these homeowners rote the C~ty knowing full 17 COMIvflSSIONER KEITH But what I mean they 17 well we're never going to provide serv~cas out there m 18 don't have water and sewage, correct? 18 the foreseeable future In fact, they're even losing some 19 MS RAOLAND No 19 adthuonal things Wthle they're In the County they have 20 COMMISSIONER KEITH So they have to drill 20 a chmce of who p~cks up the garbage but once they're m 21 themr own walls and thay have to hava thelr own saptl¢ 21 theCity ~t'samonopoly They don't have a cho~co 22 tank systems so they go to all their own expenses to 22 anymore So I just don't tthnk frs right I Il be 23 provide that, and as far as waste pickup that is a 23 voting no on this one 24 contract fee, correct? 24 COMMISSIONER RISHEL Comm~asmner Mulroy 25 MS PAOLAND Yes 25 COMMISSIONER MULROY Yes Mr Chmrman 30 Page 241 Page 243 I'd hke to msp0nd to some of the comments There's 1 you very much Commissioner Roy other aspects than just the pure revenue When this 2 COMMISSIONER ROY A lot of Jim Christal development takes place m our drarnage basins and we - 3 Road ~s not paved By annexing ~t wdl we go out and we're really ult~matdy going to bo responsible for the 4 pave that mad now9 water and sewer m th~s whole area 5 MR REICHHART We wall maintain that mad And We need to have some mechanism to 6 in the same m a like condition of other a~as similar protect the envtmnment, and, you know not to the 7 to that the character of that area If other areas 8 extreme but t~ have some level of supervision On the 8 s~mdar to that m the Oty have paved mods, then this 9 services the rate payer service water, sewage, you know 9 will have paved mods If other areas m the City are 10 any dovelopn~ent whether frs m the C~ty now or annexed I 0 substandard - well I don't want to say substandard 11 outside the Ctty hm~ts it's the same miss you know as a 11 mods but of a d~fferent quahty that's what we w~ll 12 subdevelopment comas along the developer pays for it So 12 maintain 13 frs not really d~serlmmatton to people m the periphery, 13 Eventually now that ~t's m the City ~t 14 ~t's just our rules 14 wdl be looked at m Capital Improvement ProJects m the 15 Theotherareaofeoanemwouldbeth~s 15 future And perhaps thestafl'reporthasadd~tlonal 16 close to town, not just enwmnmant, but prowdarg the 16 mforraat~on 17 life safety services, whether it's, you know, fire 17 MS RAOLAND One of the things we 18 response to a, fire eatastsophe or ambulance, with th~s 18 checked w~th the engineering department We have not 19 act~wty ~t's going to fall on our shoulders So ~t 19 actually annexed to the right of-way for J~m Christal 20 would be Iogtual in my mind to have some level of 20 based on the metes and bounds description that they've 21 overs~ghtonltw~thyourmtyordmaneesandrules 21 provlded to us 01snotgomgto and whde the map 22 So I don't think it's just purely narrow a 22 that that's a hm~tat~ons of the program We are not 23 narrow mcotae grabbing poht~cs There ~s moro to ~t 23 annexing that pomon of J~m Christal 24 Thank you 24 COMMISSIONER ROY But north of J~m 25 CONfiViISS1ONERRISHEL Mr Rewhhart 25 ChnstallstheC*ty that's the whtte area South the Page 242 Page 244 I MR REICHHART Adthtloanlly, whatwe I yellow tstheC~tyffweananx~t Butthemadm 2 should point out on all the ananxatlons regarding the gas 2 between Is not going to be annexed9 3 wellordmance Iftheproper~snotmthe¢~tythe 3 MS RAGLAND Not to my knowledgu I've 4 ordarance that we Just forwarded to C~ty Couned does not 4 had to talk to engineer well because there's a statute 5 apply the habthty the insurance the enwmnmantal 5 that reqmras ffwe take a pomon of the road we have to 6 insurance none of that applies to anything m the ETJ 6 take the entire mad Their understanding of that was 7 And I think the advent of gas wells has spurred a deep 7 subject to some d~scusston w~th our legal department And 8 interest m the safety assomated with those and I truly 8 based on our not,doormen and how we notified we have 9 behove that that development m itself really means that 9 since datermmed that we cannot annex that portion of hm 10 we're taking a look at it regarding the regulations 10 Christal Road since ~t was not provided in the original I 1 aasocmted ~lth that development 11 metes and bounds description when we published the pubhc 12 Th~ mthmduals identified m the last 12 heanngs for th~s 13 request are benefiting from the gas well development, and 13 COMMISSIONER ROY Okay It just seems 14 we just I thtuk as a City want to ensure the safeWof all 14 strange 1 $ the individuals m that area regarding the regulations on 15 MS RAGLAND And ~t may be something that 16 to Councd 16 we have to go back and look at But that's my 17 COMMISSIONER RISHEL Commissioner Kelth 17 understanding And if that's not correct you might be 18 COMMISSIONERKEITH Thankyou I Just 18 ablate 19 want to respond to my colleague here about the aesthetics 19 MR SNYDER That's correct There s a 20 and the envlronmeat, I don't think thc impact on the 20 state law that says If you annex a poruon of a road you 21 envlronmar~t Is going to be that slgu~ficant or the 21 have to annex the whole thing 22 aesthetics by the City going out them and grabbing all of 22 COMMISSIONER RISHEL Thank you I'd just 23 th~srealastatewastoftown Apparently l'mtheonly 23 hketomakethecommentthctlhavegoneandspokenw~th 24 voice In the wilderness, so Commissioners from now on m 24 many C~ty Courted people about my concerns about what 25 the future you're gumg to have to accept that Thank 25 we re doing annexctmn wise And I think the sooner we 31 Page 245 Page 247 I get a lot of this property annexed, the better offwe wdl - I tcr*~ c~ *&z Agzn~a Ca'ri'ri:aa:chef 9 area I think ~e m~o~ ~ea Is a tremendously ~ O aga:n ~n~ nc~:~5' x:emg tz hn~w I'm ~:~g L~: 12 I'm glad that we're m~mg steps to ~ to make sum that 12 20 mowng m the rl~t dlgctlon and I hope and ~ I say 20 COMMISSIONER HOLT '2.'eli !'d !:kg Page 246 Page 248 2 COMMISSIONER MULROY I move approv~ of 2 wcr!fl :f :t m:g~t :em: gem: tc Drnt:n Okay .u.-, 4 COMMISSIONER HOLT Second ~ 4 MR SNYDER l'vc'a~ ~:!:: :c 5 CO~ISSIONER ~SHEL It's been moved by 5 ::me~h:ng cxt 6 Comm~ssmnor Mulroy and semnded by Commlss~onor Holt 5 8 mot~on carries - ~d ~ls la 13A c~lcs 4 2 of ~c - g COMMISSIONER HOLT Ne 10 (COMMISSIONERS PO~LL ~D KEITH VOTED ~ - 10 11 OPPOSITION ) I 1 mfzrmat::n xn that 12 COMMIE~IONEP. P2~HEL Iz/h:rza~zt::nzn 12 COMMIS~IONERH~LT Th=~hyc~ 32 AGENDA INFORMATION SHEET _ //~/~ AGENDA DATE: January 8, 2002 DEPARTMENT' C~ty Manager's Office CM Mike Conduff, C~ty Manager SUBJECT Consider nominations and appointments to the C~ty's Boards and Commissions BACKGROUND The following is a hst of current Board/Commission vacancies/nominations Robert Tankersley on the Traffic Safety Commission has res:gned Th~s ~s a nomination for Council Member Ph~lhps Richard Franco has resigned from the A~rport Adwsory Board Tbas ~s a nomination for Council Member Redmon If you reqmre any further reformat;on, please let me know Respectfully submitted _ ~d ~ty Secretary FROM FAX NO Dmc 19 28B1 84 48PM P2 Denton Housing Authority ~ EQUAL HOU$1NG ~PP~RTUNITY November 30, 2001 Mark Nolaon, Director A,rport and Transit Operatlens City of Denton 3000 turport Road Denton, T~ 76207 Dear Mark Thru m to reform you that I have taken an cmploymcnt position in another Commumty Therein, It is axiomatic that I tender my remgnalion from the Advisory Board Albelt~ I had a mmxmal exposure to you end tho Adwsory Board, l believe you are doing a great job orchestrating the affairs at hand Also, it wag a dmtmct honor to serve with a fine group of man With mrigere regards and b~st wmhcs for e Blessed Holiday Season, ! remain l~chard,$. Pranco, CEO DEC 0 6 200~ Sccooll $ Phoenix Ap~tmen~ Bxtsdt~g Pec~ PI~ H~I~gc O~ 940/~8~g638 9~/~83-1504 940/48~9535 9~/~-1505 308 80u~ ~ddc~ * Detain, ~s 76205 * 9~/383~039 o~os/o2 _ T~3~ ~I F4I~_040.04_~??.07 c~_oE ~EN',c. OI~ £I,~h'qN~g ~ m~-l~9 p~ HANDOU/T TO COUNCIL Caty of Denton F~I Cudd