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December 10, 2002 Agenda
AGENDA CITY OF DENTON CITY COUNCIL December 10, 2002 After determining that a quorum is presem, the City Council will convene in a Work Session on Tuesday, December 10, 2002 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, DeNon, Texas at which the following items will be considered: Receive a report, hold a discussion, and give staff direction regarding a revision in the assessment of fees levied for the mowing of private property authorized by Chapter 20 of the Code of Ordinances. Receive a report, hold a discussion and give staff direction regarding municipal services in relation to fourplexes. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of December 10, 2002. Following the completion of the Work Session, the Council will convene in a Closed Meeting to consider specific items 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 and will convene at the time listed 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 consistent with Chapter 551 of the Texas Governmem Code, as amended, as set forth below. 1. Closed Meeting: Deliberations regarding certain public power utilities: competitive matters - Under Texas Governmem Code §551.086. Consultation with Attorney --- Under Texas Governmem Code §551.071. Receive competitive public power information and documentation from Staff regarding the First Supplement to Transition Power Agreement, proposed to be executed by the City of DeNon, Texas and the Seller thereof, to reflect changes occurring over the course of time from an electric operations standpoint; discuss other related matters; and discuss, deliberate, consider, and provide Staff with direction regarding such matters. Further discuss and consider the legal ramifications regarding execution of the First Supplement to Transition Power Agreement. Discuss other legal issues concerning and related to this matter with the City's 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. Receive competitive electric public power and market information regarding the proposed assumption and agreement of the Transition Power Agreemem ("TPA"), executed by the City and PG&E Trading-Power, L.P. on June 29, 2001 by a third party. Also receive a competitive public power presemation by DeNon Municipal Electric ("DME") Staff regarding the proposed actions of the PG&E entities in connection with their respective obligations to the City regarding electric and related City of Denton City Council Agenda December 10, 2002 Page 2 matters. Discuss, deliberate, consider, provide Staff with direction, and consider voting, and taking final action, regarding both the above proposed assumption and agreement of the TPA and the following public power presentation. Further, discuss and consider the legal ramifications and legal position of the City by conducting a consultation with the City's attorneys in order to obtain the advice and recommendations of the City's attorneys concerning these issues; where to discuss such issues and matters in a public meeting would conflict with the attorneys' duties and professional responsibilities to their client, the Denton City Council, under the Texas Disciplinary Rules of Professional Conduct. Regular Meeting of the City of Denton City Council on Tuesday, December 10, 2002 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. PLEDGE OF ALLEGIANCE mo U.S. Flag Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards B. December Yard-of-the-Month Awards C. Recognition of staff accomplishments 3. CITIZEN REPORTS A. Receive citizen reports from the following: Ross Melton regarding Code Enforcement, grass and weeds, and the budget. 4. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A,T). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A-T below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items following approval of the Consent Agenda. City of Denton City Council Agenda December 10, 2002 Page 3 mo Consider approval of 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. Consider adoption of an ordinance authorizing the Mayor to enter into an interlocal Cooperation Agreement with Denton County for library services; and providing an effective date. Co Consider adoption of an ordinance to declare the intent to reimburse expenditures from the unreserved retained earnings of the Technology Services Fund with Certificates of Obligation for replacement of public safety communications equipment; declaring an emergency and amending the 2002-2003 Capital improvement budget; and providing an effective date. (Project-S740,000.00 for Public Safety Communications Equipment). Do Consider adoption of an ordinance awarding a contract for the purchase of public safety radios and hardware and software necessary for the upgrade of the City of Denton 800 MHZ trunk radio system as awarded by the State of Texas Building and Procurement Commission (formerly known as the General Services Commission) through the Qualified Information Services Vendor (QiSV) Catalogue Program; providing for the expenditure of funds therefore; and providing an effective date (File 2932 - Public Safety Radios and Miscellaneous Equipment awarded to Motorola Communications and Electronics Inc. in the amount of $720,555). mo Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for Professional Legal Services with the Law Offices of Jim Boyle, PLLC for Professional Legal and Lobbying Services related to the 78th Texas Legislative Session pertaining to the City of Denton/Denton Municipal Electric; authorizing the expenditure of funds therefore; and providing an effective date. Fo Consider adoption of an ordinance approving an amendment to a passenger motor carrier transit agreement between the City of Denton and McDonald Transit Associates, inc., dated April 16, 2002 to provide an express shuttle service for the University of North Texas; providing for the expenditure of funds therefore; and providing for an effective date. Go Consider approval of a resolution of the City of Denton, Texas approving revised City policies regulating Drug and Alcohol Free Work Place and Anti-Substance Abuse and Rehabilitation Policy of City employees and declaring an effective date. Ho Consider approval of a resolution of the City of Denton, Texas, postponing the regular City Council meeting of December 3, 2002 to December 10, 2002 to allow Council Members and City staff to attend the National League of Cities Conference; canceling the regular Council meeting scheduled for December 17, 2002, to allow Council Members and City staff to travel to New Orleans to City of Denton City Council Agenda December 10, 2002 Page 4 support the UNT Sun Belt Conference Championship Football Team which will play in the New Orleans Bowl; providing retroactive effect; and declaring an effective date. Consider approval of a resolution adding support for Regional Transportation Authorities and funding for Regional Transportation Authorities to the City of Denton's 2003 State Legislative Program. Jo Consider adoption of an ordinance of the City of Denton, Texas accepting competitive sealed best value bids and awarding the best value bidder with orders for Solid Waste Department purchases consisting of certain sized refuse carts and recycling carts; providing for the expenditure of funds therefore; and providing an effective date (RFP No. 2908 - Solid Waste Refuse and Recycling Carts awarded to Cascade Engineering, Inc. for the purchase of 35-Gallon Recycling Carts and Rehrig Pacific Company for the purchase of 60-Gallon Recycling Carts and 35, 60 and 90-Gallon Refuse Carts in the estimated amount of $177,000). Ko Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Middle Pecan Inflow and Infiltration Rehabilitation; providing for the expenditure of funds therefore; and providing an effective date (Bid 2906 - Middle Pecan Creek Inflow and Infiltration Rehabilitation awarded to Texas Electric Utility Construction, Inc. for the total base bid plus all alternates in the amount of $1,481,770.96). Lo Consider adoption of an ordinance accepting sealed proposals and awarding a contract for Employee Assistance Program (EAP) services for the City of Denton; providing for the expenditure of funds therefore; and providing an effective date (RFSP 2887 - Employee Assistance Program awarded to Workers Assistance Program, Inc. in the amount of $1.16 per employee for an annual estimated amount of $18,096). Mo Consider adoption of an ordinance approving the expenditure of funds for the purchase of repair services available from only one source in accordance with the provision of State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 2923 - Repair of Front Loading Refuse Truck awarded to Dallas Peterbilt L.P. in the amount of $59,271.94). No Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of Transformer Repairs-Pole Mount and Pad Mount; providing for the expenditure of funds therefore; and providing an effective date (Bid 2876 - Transformer Repairs-Pole Mount and Pad Mount awarded to Alamo Transformer Supply Company in an amount not to exceed $75,000). Oo Consider adoption of an ordinance of the City of Denton, Texas, prohibiting any drivers from turning right on red from northbound Carroll Boulevard onto Sherman Drive. City of Denton City Council Agenda December 10, 2002 Page 5 Po Consider adoption of an ordinance authorizing the City Manager or his designee to execute a settlement agreement with Shepherd Place Homes concerning drainage and street improvements for the Bellaire North Addition and providing for an effective date. Qo Consider adoption of an ordinance by the City of Denton abandoning and vacating a portion of a drainage easement from Shepherd Place Homes Inc. recorded in Volume 4588, Page 107 Deed Records of Denton County, Texas; and providing an effective date. Ro Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring an approximate 1.31 acre tract or parcel of land for electric utility purposes being a part of the M.T. Cole Tract described in deed recorded in volume 249, page 387 of the Deed Records of Denton County, Texas, said property being located in the B.B.B. and C.R.R. Survey, Abstract No. 176, Denton County, Texas, and an approximate 16.30 acre tract or parcel of land for electric utility purposes being a part of the M.T. Cole Tract described in deed recorded in volume 249, page 387 of the Deed Records of Denton County, Texas, said property being located in the J. Kjelberg Survey Abstract No. 1610, the J. Bacon Survey Abstract No. 1540, the I. Hembrie Survey Abstract No. 594, and the I. Byerly Survey Abstract No. 1458, Denton County, Texas; authorizing the City Manager or his designee to make an offer to purchase the property for just compensation and if such offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of electric utility facilities and installation; declaring an effective date. (West Denton Electric Project-Cole) So Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Pipeline Crossing Agreement with Union Pacific Railroad Company for a pipeline crossing located at Mile Post 719.73, Choctaw Subdivision, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. To Consider adoption of an ordinance authorizing the City Manager or his designee to execute a golf driving range lease contract for North Lakes Park in the City of Denton; and providing an effective date. 5. PUBLIC HEARINGS mo Hold a public hearing and consider adoption of an ordinance of he City of Denton, Texas, designating the property located at 424 Texas Street as a Historic Landmark under Section 35-215, Article V of Chapter 35 of the Code of Ordinances providing for a penalty in the maximum amount of $2,000 for violations thereof; ard providing for an effective date (Historic Landmark Commission recommends approval 5-0. Planning and Zoning Commission recommends approval 7-0). (SI02-0014) City of Denton City Council Agenda December 10, 2002 Page 6 Hold a public hearing and consider adoption of an ordinance amending Ordinance 99-439, regarding a Comprehensive Plan Amendment, from Existing Land Use/Infill Compatibility to Community Mixed Use Center. The area for amendment encompasses approximately 10.74 acres. The site is generally located at the northwest corner of the East University Drive and Old North Road intersection. Office and retail/restaurant uses are proposed. The Planning and Zoning Commission recommends approval (7-0). (CA02-0004, Old North Place) Hold a public hearing and consider adoption of an ordinance rezoning multiple parcels totaling approximately 12.2 acres from Neighborhood Residential 3 (NR- 3) and Neighborhood Residential Mixed-Use (NRMU) zoning districts to Neighborhood Residential Mixed Use (NRMU) and Community Mixed-Use General (CM-G) zoning districts. The site is located at the northwest corner of University Drive and Old North Road intersection. Retail, restaurant, and offices land uses are proposed. The Planning and Zoning Commission recommends approval (7-0). (Z02-0052, Old North Place) Hold a public hearing and consider adoption of an ordinance rezoning approximately 7.5 acres, from Planned Development 191 and Employment Center Industrial (EC-I) zoning districts to an Employment Center Commercial (EC-C) zoning district. The site is generally located south of University Drive, between Loop 288 and Mayhill Road. A convenience store and gas station are proposed. The Planning and Zoning Commission recommends approval (7-0) (Z02-0051, Prominence Square) Continue a public hearing and consider adoption of an ordinance regarding amendments to Subchapter 5 of the Development Code related to the NRMU-12 zoning district. The Planning and Zoning Commission recommends approval (7- 0). (SI02-0010, NRMU-12 Zoning Distric0 6. ITEMS FOR INDIVIDUAL CONSIDERATION Consider an appeal from Ali AI-Khafaji regarding costs imposed for mowing fees in accordance with Section 20-72 of the City of Denton Code of Ordinances. Consider adoption of an ordinance approving an Alternative Development Plan for approximately 2.2 acres located in a Downtown Commercial General (DC-G) zoning district. The site is generally located on the northeast corner of Carroll Boulevard and Oak Street, commonly known as 400 West Oak Street. A bank, office space and drive thru facility are proposed. The Planning and Zoning Commission recommends approval (6-0). (SP02-0008, 400 West Oak) Consider an appeal of a physical hardship variance of Section 35.13.3(B) and 35.20.2(M.3.) of the Code of Ordinances concerning the requirement for the submittal of a Traffic Impact Analysis (TIA). The 2.203-acre parcel is generally located on the northeasterly corner of Carroll Boulevard and Oak Street. The property is located in a Downtown Commercial General (DC-G) zoning district. A bank with drive-ups is proposed. The Planning and Zoning Commission denied the variance request by a vote of 3-3, 1 abstention. (V02-0013, Carroll Addition TIA variance) City of Denton City Council Agenda December 10, 2002 Page 7 Do New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. mo Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Fo Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Go Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of ,2002 at o'clock (a.m.) (p.m.) 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. 12/10~02 WS #1 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: December 10, 2002 Police Jon Fortune, Public Safety and Transportation Operations SUBJECT Receive a report, hold a discussion, and give staff direction regarding a revision in the assessment of fees levied for the mowing of private property authorized by Chapter 20 of the Code of Ordinances. BACKGROUND On October 8, 2002, the City Council heard an appeal from Ruby Cole regarding mowing fees assessed by the City as a result of enforcement action taken regarding high grass and weeds on her properties. The Council reduced the fees and expressed concerns about the process and the method with which the fees were assessed. Staff has reviewed the ordinance and current procedures and makes the following recommendations for revision. Traditionally, properties have been defined by the platted property boundaries for the purpose of fee assessment. The five vacant properties owned by Mrs. Cole are adjacent to one another and the Council suggested that these properties should be considered to be one property since staff and the mowing contractor only had to travel to one location and the enforcement action was taken simultaneously on all five properties. Section 20-72(e) currently states: Owner assessed costs. A statement of the costs incurred by the City in correcting a violation shall be mailed to the property owner. The costs shall include an administrative fee of eighty dollars ($80.00). The statement shall be due within thirty (30) days of the date of mailing. The Council also expressed concern regarding the notification received by Mrs. Cole prior to the mowing that resulted in the assessed fees. Code Enforcement currently provides initial notification of a grass and weed violation by leaving a door hanger at the residence or mailing the door hanger to the last known address of the property owner. If the violation is not abated within seven (7) days, a certified letter is mailed to the owner. If the violation occurs during the mowing season, defined as March until November, the certified letter states that a second violation during that same mowing season will result in the City correcting the violation without further notice to the owner. This procedure was implemented to reduce the amount of time required to abate a violation and, due to the large number of properties and limited staff, to save the staff time required to repeatedly notify habitual violators. To alleviate Council concerns, staff recommends that, in cases where two or more vacant properties are owned by the same person, the properties will be treated as one property and mowing and administrative fees be assessed accordingly. For example, in Mrs. Cole's case, she would have been assessed one administrative fee and the mowing fee would have been calculated for the total square footage of all lots instead of for each lot individually. Additionally, staff recommends revising the notification procedure to provide one notification, by certified letter, to the owner upon the second grass and weed violation within a growing season. The letter would notify the owner of the violation, the provision of fourteen (14) days to abate the violation, and that the City will correct the violation if the owner fails to do so. Additionally, the letter would contain the warning that the owner will receive no warning of future violations during that growing season and the City will assess appropriate fees for any corrective action taken. These recommendations are procedural in nature and do not require a revision to the Code of Ordinances. OPTIONS 1. The Council can direct staff to move forward with all, or part, of the recommended revisions. 2. The Council can direct staff to conduct further study and report the findings and revised recommendations at a future date. RECOMMENDATION Staff recommends that the City Council direct staff to move forward with all recommended revisions. PRIOR ACTION/REVIEW None. FISCAL IMPACT The City will incur additional postage costs with the additional notification letter and experience a loss in revenue from assessing one administrative fee instead of one per property in cases similar to the properties owned by Mrs. Cole. However, the Department estimates that these changes will result in an estimated 300 additional letters and there are very few situations like Mrs. Cole's property. Therefore, any additional costs or reduction in revenue will be negligible. Prepared by: Joanie Housewright Captain Support Services Division Respectfully submitted, Charles Wiley Chief of Police 12/10~02 WS #2 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: December 10, 2002 Utility Administration Howard Martin, 349-8232 SUBJECT Receive a report, hold a discussion and give staff direction regarding municipal services in relation to fourplexes. BACKGROUND Council has requested information regarding the affect of current rates for municipal services and their affect on four-plexes and those clients in the Housing Assistance Program (HAP). PRIOR ACTION/REVIEW (Council, Boards, Commissions) Current rates and rate strategies were reviewed on August 8, 2002, and subsequently approved on September 3, 2002. No changes were implemented affecting four-plexes for electric, water or wastewater. However rate ordinances for Solid Waste, Recycling and Drainage did affect changes for four-plexes. Solid Waste - The Solid Waste rate ordinances were also reviewed on August 8, 2002, and approved as of September 3, 2002. The Solid Waste rates included revisions to the type of service provided to four-plexes. Recycling - Council requested staff to consider curbside recycling options on January 23, 2001. Original bids were presented and rejected on August 7, 2001. Curbside recycling was re-bid. The curbside recycling contract was awarded and rates approved by City Council on May 14, 2002. Drainage - Drainage strategies and rates were reviewed in 2001 and approved as of January 8, 2002. FISCAL INFORMATION No affects at this time. If rate structures and strategies are adjusted, there will be an impact on revenue and the related services. EXHIBITS 1. Current Rates Design Benefiting HAP Clients 2. HAP Calculated Rent - Terms and Example 3. Housing Choice Voucher Program Guidebook - Calculating Rent and HAP Payments 4. Solid Waste Issues Presentation 5. Combined Rate Changes - Results for Four-plexes Respectfully submitted: Howard Martin Assistant City Manager/Utilities Current Rates Design Benefiting to Housing Assistance Clients Rate structures have been designed with concerns of ability to pay throughout the utility system. Following is a brief summary of those designs: Electric - Rates are based on usage and thus controlled by the customer. The R1 rate further rewards low usage with a reduced rate. Water - Rates are based on usage and thus controlled by the customer. Water is set up in a block rate structure with the lowest level stabilized. Higher levels of usage rates increase with high demand. Waste Water - Rates are based on usage and thus controlled by the customer. Rates are based on usage in lowest consumption months. Solid Waste - Has offered additional options, such as cart service to allow choice on level and price of service. In addition, in 2002, a Residential Financial Need Service Discount was initiated. Recycling - When used in conjunction with options offered through Solid Waste, Recycling can allow the resident to lower the total cost of solid waste service. Drainage - Rates are based on impervious surface. The rate structure adopted does not allow full recovery on the First block rate. This affectively discounts that service for those who fall into this rate block. EXHIBIT I HAP Calculated Rent -Terms and Example Utility Change Affect on HAP Client (Example) B~iJitY Distributi~n~ " ' 'Tenant Pays!All:, ,,. ,Owner Pays S/W and Drainage Utilities owner Pd i Tenant Pd Owner Pd! Tenant Pd Electric 40.00 i 40.00 i 40.00 WaterNVastewater 25.00 i 25.00 I 25.00 Solid Waste 20.00 i 20.00 15.00 ! Drainage 1.00 I 1.00 1.00 i q~tal Utilities 86:~00 ~.], 86,00 ,16~00'I 65.00, ' T~tal C~t ~f~HTb~sing R'ent~ Utilities TOtal Rent, · Utilities TOtal Rent 374.00 390,00 < Adjusted for utihty Inc Utilities 86.00 102.00 Gross Rent 460.00 492.00 · Results~t~ HAP C:iient~ HAP Subsidy 300.0~ 300.00 300.00 300.00 TenahtP~id ~74::00 , ' "86100, 160~00 '9~.00 65,00 " >>>>>>>> Tenant Pays Less: 5.00 Note: Tenant ultimately receives the benefit of the decreased service cost even if owner recoups the cost through rent increases. . Rules Affecting Housing Assistance Payments (HAP) 1. A HAP tenant will pay a minimum of 30% and a maximum of 40% of income toward gross rent. 2. Housing Assistance will pay the remaining balance, after 30% tenant payment, up to the Fair Market Value, Definitions: 1. Rent - Amount charged by owner for rental of unit 2. Gross Rent - Rent plus utility allowance 3, Payment Standard - Standard payment by unit size determined by the Housing Authority 4. Fair Market Rents (FMR) - Same as Payment Standard 5. Utility Allowance - Payment allowance set by average utility consumption by unit size and type 6. Tenant Income - Annual income 7. Adjusted Income - Tenant income less HUD approved deductions (i.e. childcare, medical, etc.) Information Used for Example HAP Calculation Above I HAP CalcUlation: Tenant Adjust(~d Income 500.00 Fair Market Rents 450.00 Tenant Payment Allowable Minimum 500.00 30% ~ 50.00 Maximum 500.00 40% 200.00 FMR Distributibn (Example) Rent 364.00 Electric 40.00 W & W/W 25.00 SAN 20.00 Drainage 1.00 Utilities 86~00 Total FMR 450.0~' HAP Calculated Rent EXHIBIT II CHAPTER 6 CALCULATING RENT AND HAP PAYMENTS 6.1 CHAPTER OVERVIEW The determination of the family's share of total housing costs and the PHA's housing assistance payment (HAP) is a two step process. When the housing choice voucher is issued, the applicant or participant must be given information on the minimum the family is expected to contribute to housing costs and the maximum subsidy that the PHA can pay. Because the family has the option of selecting a unit with a rent that is more or less than the PHA payment standard, the final calculation of the family' s share of the housing costs and the HAP amount cannot be completed until the family has selected a unit. 6.2 INFORMATION THE APPLICANT OR PARTICIPANT IS GIVEN AT HOUSING CHOICE VOUCHER ISSUANCE Minimum and Maximum Tenant Contributions to Housing Costs It is critical that families receive complete and accurate information on how the program works, what their unit selection options are and the variables that affect the amount the family will be required to contribute to its total housing costs. Total Tenant Payment The total tenant payment (TTP) represents the minimum amount a family must contribute toward rent and utilities regardless of the unit selected. The TTP is calculated using a statutory formula and individual income information (see Chapter 5). To calculate TTP, annual adjusted income and annual (gross) income must be converted to monthly adjusted income and monthly gross income by dividing the annual figures by 12 months. The TTP is the greater of.' 30 percent ofmonthly adjusted income; 10 percent of monthly gross income; The welfare rent (in as-paid states only); or The PHA minimum rent (PHA determined, see page 6-8). CALCULATING TOTAL TENANT PAYMENT 30% of Monthly Adjusted Income: 10% of Monthly Gross Income: Welfare Rent: PHA Minimum Rent: $700 x .30= $ 210 $740x.10= $74 N/A $25 Total Tenant Payment: $210 The participant will never pay less than the TTP ($210) regardless of the unit selected. Housing Chotce Voucher Program Guidebook 6-1 EXHIBIT III Chapter 6: Calculating Rent and HAP Payments Maximum Initial Rent Burden When a family selects a unit with a gross rent exceeding the PHA payment standard, the PHA must determine whether the family's share for that unit would exceed the maximum initial rent burden. The family share may not exceed 40 percent of the family's monthly adjusted income when the family initially moves into the unit or signs the first assisted lease for a unit. The maximum initial rent burden applies only when the gross rent for the unit selected exceeds the applicable payment standard. The level at which the PHA establishes the payment standard will affect a family's ability to find a unit with a rent that wilt not require the family to pay more than 40 percent of its monthly adjusted income. The maximum initial rent burden may be calculated when the housing choice voucher is issued so the family will know the maximum amount it can pay for a unit while it is searching for housing. CALCULATING MAXIMUM INITIAL RENT BURDEN Payment Standard: Total Tenant Payment: 40% of Monthly Adjusted Income: $45O $210 $700 x.40 = $280 Amount family is limited to contributing to total housing costs. $ 280 PHA maximum subsidy (see below) +$ 240 Maximum gross rent for this family $ 520 Maximum Subsidy The maximum subsidy the PHA can pay in the housing choice voucher program is the payment standard minus the TTP. The maximum subsidy calculation is done at the time the family is issued a housing choice voucher. It is important for the family to know the maximum the PHA will pay while searching for a unit. The actual PHA subsidy can be calculated only after the family has selected a specific unit. CALCULATING MAXIMUM SUBSIDY Payment Standard $450 Minus TTP $210 Equals Maximum Subsidy $240 Housing Choice Voucher Program Guidebook 6-2 Chapter 6. Calculating Rent and HAP Payments In the examples given, the family knows that, with its monthly adjusted income of $700, it must contribute at least $210 and may pay up to a maximum of $280. The maximum the PHA will contribute is $240. In this case the PHA may tell the family that the maximum gross rent that can be approved is between $450 and $520. HELPING THE FAMILY DETERMINE WHAT RENT IT CAN AFFORD Family TTP (Minimum the family will pay) Maximum Initial Rent Burden $210 $280 plus Maximum Subsidy $240 $240 Family may consider units with gross rents between $450 and $520 If the family selects a unit with a gross rent at or below $450, the family will pay $210. Exhibit 6-1, Sample Handout 1, provides a sample handout that can be used at the briefing to help families understand how the maximum initial rent burden and the maximum subsidy affect and limit their unit choices. Total Housing Costs When searching for a unit, it is important for a family to understand that total housing costs include both the rent to the owner and any additional utility costs that the family will need to pay. Exhibit 6-2, Sample Handout 2, can help a family understand the total housing cost for an actual unit. Utility Allowance The utility allowance is calculated for each family based on a PHA schedule of average utility consumption by unit size for each of the family paid utilities. For example, if the family is expected to pay hot water, heat, and other electric, the PHA uses the utility schedule for the appropriate unit size for each of the utilities and adds the amounts allowed on the utility schedule for the cost of utilities to be paid by the family to determine the total utility allowance for the family. If all the utilities are included in the unit rent, there is no utility allowance. Housing Choice Voucher Program Guidebook 6-3 Four-plex Solid Waste Services Refuse collection service to 4-plex residential property is either containerized commercial service or bagged residential service. The latest Solid Waste Rate Ordinance called for all four-plexes to be provided commercial containerized service. Standardizing this service was based on the following reasons: · Reduce the Cost of Service · Reduce litter in neighborhoods and Code Enforcement issues · Some property owners preferred containerized service · Rates commensurate with service needs · Multiple billing options are available Billed to tenant Billed to property management Billed to property owner Billed to other party Attached are photos of four-plexes taken the day after refuse collection. Setting out bagged refuse daily is a problem in several four-plex areas. Exhibit IV Solid Waste Services Exhibit IV Solid Waste Services Exhibit IV Solid Waste Services Exhibit IV Solid Waste Services Exhibit IV Solid Waste Services Combined Rate Changes - Results for Four-plexses New Solid Waste structure, including recycling allows for decrease of 2.96 to 5.28 per month for each tenant. The addition of the drainage fee increases unit rent from .84 to 3.88 per month. Considering both changes, the overall strategy allows customers to decrease costs by choice of service. Residential 19.95 79.80 0 Residential (Cart) 16.99 67.96 (2.96) Commercial (Cart) 15.00 60.00 (4.95) Commercial (4-yd Dumpster) 14.67 58.69 (5.28) 600 2,400 $ 5.45 $ 1.36 1,200 $ 3.35 $ 0.84 750 3,000 5.45 1.36 1,500 3.35 0.84 1000 4,000 7.60 1.90 2,000 3.35 0.84 1200 4,800 9.75 2.44 2,400 5.45 1.36 1500 6,000 15.50 3.88 * 3,000 5.45 1.36 1600 6,400 15.50 3.88 * 3,200 7.60 1.90 3000 12,000 15.50 3.88 * 6,000 15.50 3.88 * · These are the only square footages that a customer could see an increase in cost of $.92/month. However, they could save $1.07 or $1.40 by opting for either commercial service options as approved. · * Unit size and Increased Rent is calculated assuming all units are of equal in size. EXHIBIT V 12/10/02 #4A AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET December 10, 2002 Finance/Treasury Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider approval of 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. BACKGROUND In accordance with the Public Funds Investment Act, the City of Denton Investment Policy must be approved by the City Council at least annually. The policy establishes investment parameters and guidelines for the investment program. It also designates the authorized investment officer responsible for the daily investment activity by the City. There are no changes from the prior year to the attached policy. Investment Policy 408.04 was presented to the Investment Committee on Thursday, November 21, 2002. All Committee members voted for approval and recommended the policy be submitted to the City Council for approval (5-0). RECOMMENDATION Staff recommends that the City Council approve Investment Policy 408.04. The policy continues to comply with the Public Funds Investment Act. PRIOR ACTION/REVIEW (Council, Boards, Commission) Investment Policy 408.04 was presented to the Investment Committee on Thursday, November 21, 2002. All Committee members voted for approval and recommended the policy be submitted to the City Council for approval (5-0). Respectfully submitted: Diana Ortiz Director of Fiscal Operations S:\Our D ocmm ent s~es olurion s\02 kLnvesrm ent Policy Review.doc RESOLUTION NO. A RESOLUTION REVIEWING AND ADOPTING THE INVESTMENT POLICY FOR FUNDS FOR THE CITY OF DENTON; DESIGNATING AN INVESTMENT OFFICER; PROVIDING A SAVINGS AND A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council passed Resolution No. 96-061 on October 15, 1996, which adopted an Investment Policy for Funds for the City, in compliance with the Public Funds Investment Act, 74th Leg., ch. 402, 1995 Tex. Sess. Law Serv. 2958 (Vernon) (TEX. GOV'T CODE Ann. Ch. 2256); and WHEREAS, by Resolution No. 9%026, passed by the City Council on June 10, 1997, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 97-077, passed by the City Council on December 16, 1997, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 98-067, passed by the City Council on December 15, 1998, the City's Investment Policy was reviewed and adopted; and WHEREAS, by Resolution No. 99-047, passed by the City Council on September 21, 1999, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2000-065, passed by the City Council on December 19, 2000, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2001-072, passed by the City Council on December 18, 2001, the City's Investment Policy was amended; and WHEREAS, the City Council desires to review the Investment Policy for compliance to the Public Funds Investment Act, TEX. GOV'T CODE ch. 2256, by the 76th Legislature; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council has reviewed the attached City of Denton Investment Policy, which contains the investment policies and strategies and hereby adopts the attached Investment Policy. SECTION 2. That the Assistant City Manager of Fiscal and Municipal Services is hereby designated as the chief financial officer for the City and the Director of Fiscal Operations is hereby designated as the City's investment officer to perform the functions required of S:\Our D ocmm ent s~es olurion s\02 X.Lnvesrm ent Policy Review.doc her/him. The financial officer is hereby authorized to perform the functions required of her/him under the Investment Policy and in accordance with TEX. GOV'T CODE ch. 2256. SECTION 3. That all ordinances or parts of ordinances in force when the provisions of this resolution became effective which are inconsistent or in conflict with the terms or provisions contained in this resolution are hereby repealed to the extent of any such conflict only. The nor, conflicting sections, sentences, paragraphs, and phrases shall remain in full force and effect. SECTION 4. That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of Resolution No. 96061, Resolution No. 97-026, Resolution No. 97-077, Resolution No. 98-067, Resolution No. 99-047, Resolution No. 2000-065, and Resolution No. 2001-072 shall remain in full force and effect. SECTION 5. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,20__ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, C1TY ATTORNEY BY: Page 2 12/10/02 #4B AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: December 10, 2002 Library System Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an ordinance authorizing the Mayor to enter into an Interlocal Cooperation Agreement with Denton County for library services; and providing an effective date. BACKGROUND Interlocal agreements between the City of Denton and the Denton County for library services have been in effect since FY 1985-86. Under the auspices of each agreemem, the Denton Public Library System agrees to provide a full array of library services, free of charge, to all residems of Denton County. The DeNon Public Library will serve approximately 22,709 library users who live outside the DeNon city limits this comractual year (FY2002-2003). These DeNon County residems will directly benefit from this Interlocal Cooperation Agreement as they receive the same library privileges, as do city of DeNon residems. PRIOR ACTION/REVIEW .(Council, Boards, Commissions) The Denton Library Board unanimously approved the Interlocal Cooperation Agreement with Denton County at its December 5, 2002 Board meeting. FISCAL INFORMATION The Denton County Commissioners has retained its current funding allocation of $1.25 per capita. The total Denton Public Library System allocation of $146,573 is based upon North Texas Council of Governmems (NCTCOG) population figures and includes $10,000 in matching funds. The funding allocation is payable in equal quarterly installmems. Respectfully submitted: Eva Poole Director of Library Services ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY FOR LIBRARY SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, both the City of Denton and Denton County are political subdivisions of the State of Texas that are authorized to enter into interlocal contracts under TEX. GOV'T CODE, ch. 791 and TEX. LOCAL GOV'T CODE, ch. 323; and WHEREAS, the City Council deems it in the public interest to enter into this interlocal contract with Denton County to provide library services for Denton County; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the Mayor, or in her absence, the Mayor Pro Tem, is authorized to execute an Interlocal Cooperation Agreement for Library Services with Denton County substantially in the form of the contract which is attached hereto and made a part of this ordinance for all purposes. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: F:\share&dept\LGL\Our Documents\Ordinances\02\County Library Agreement.doc STATE OF TEXAS, COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES THIS AGREEMENT is made and entered into by and between Denton County, a political subdivision of Texas, hereinafter referred to as "COUNTY," and the City of Denton, a municipality of Denton County, Texas, hereinafter referred to as "MUNICIPALITY." WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of COUNTY government and related services for the benefit of the citizens of Denton County; and WHEREAS, the City of Denton is a duly organized MUNICIPALITY of Denton County, Texas engaged in the provision of library service and related services for the benefit of the citizens of MUNICIPALITY; and WHEREAS, both MUNICIPALITY and COUNTY are legally authorized to perform individually the functions or services set forth in this Contract in full compliance with V.T.C.A. Local Government ' Code § 791.011(e) (2); and WHEREAS, COUNTY has requested and MUNICIPALITY has agreed provide library services for all residents of Denton County; and WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subject to the provisions of V.T.C.A., Government Code Chapter INTERLOCAL COOPERATION AGREEMENT LIBRARY SERVICES 2002-2003 CITY OF DENTON 791, the Interlocal Cooperation Act; and V.T.C.A., Local Government Code Chapter 323, COUNTY Libraries. NOW, THEREFORE, COUNTY and MUNICIPALITY, for the mutual consideration hereinafter stated, agree and understand as follows: The term of this agreement shall be for the period from October 1, 2002 through September 30, 2003. II. For the purposes and consideration herein stated and contemplated, MUNICIPALITY shall provide library services for the residents of COUNTY without regard to race, religion, color, age, disability and/or national origin. Upon proper proof by individual(s) of residence in Denton County, Texas, such individual(s) shall be entitled to be issued, at no cost, a library card to be used in connection with said library services. MUNICIPALITY shall develop and maintain through the Library one or more of the following programs of service: Educational and reading incentive programs and materials for youth. Functional literacy materials and/or tutoring programs for adults. Job training/career development programs and/or materials for all ages. Outreach services to eliminate barriers to library services. Educational programs designed to enhance quality of life for adults. INTERLOCAL COOPERATION AGREEMENT LIBRARY SERVICES 2002-2003 CITY OF DENTON III. COUNTY designates the County Judge to act on behalf of COUNTY and serve as liaison officer for COUNTY with and between COUNTY and MUNICIPALITY. The County Judge or his designated substitute shall insure the performance of all duties and obligations of COUNTY herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this agreement, and shall provide immediate and direct supervision of COUNTY's employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of COUNTY and MUNICIPALITY. IV. MUNICIPALITY shall designate to act on behalf of MUNICIPALITY and to serve as liaison officer of MUNICIPALITY with and between MUNICIPALITY and COUNTY to insure the performance of all duties and obligations of MUNICIPALITY as herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of MUNICIPALITY in full compliance with the terms and conditions of this agreement, and, shall provide management of MUNICIPALITY's employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of MUNICIPALITY and COUNTY. MUNICIPALITY shall provide to COUNTY a copy of the annual report submitted to the Texas State Library and shall respond to INTERLOCAL COOPERATION AGREEMENT 3 LIBRARY SERVICES 2002~003 CI~ OF DENTON COUNTY's annual questionnaire as documentation of expenditures and provision of service. The MUNICIPALITY techniques, sequences, shall be solely responsible procedures, and means and for all for the coordination of all work performed under the terms and conditions of this agreement, shall insure, dedicate and devote the full time and attention of those employees necessary for the proper execution and completion of the duties and obligations of the MUNICIPALITY stated in this agreement and give all attention necessary for such proper supervision and direction. VI. The MUNICIPALITY agrees that its library department shall assume the functions of a COUNTY library and agrees to provide a librarian who holds or secures a COUNTY librarian's certificate from the Texas State Library and Archives Commission. Local Government Code, section 323.011(b) . VII. COUNTY agrees to and accepts full responsibility for the acts, negligence and/or omissions of all COUNTY' s employees, agents, sub-contractors, and/or contract laborers and for those of all other persons doing work under a contract or agreement with the COUNTY. VIII. The MUNICIPALITY agrees and accepts full responsibility for the acts, negligence, and/or omissions of all the MUNICIPALITY's INTERLOCAL COOPERATION AGREEMENT 4 LIBRARY SERVICES 2002-2003 CITY OF DENTON employees, agents, sub-contracts, and/or contract laborers, and for those of all other persons doing work under a contract or agreement with said MUNICIPALITY. IX. This agreement is not intended to extend the liability of the parties beyond that provided by law. Neither MUNICIPALITY nor COUNTY waives any'immunity or defense that would otherwise be available to it against claims by third parties. X. MUNICIPALITY understands and agrees that the MUNICIPALITY, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of COUNTY. XI. COUNTY understands and agrees that COUNTY, its employees, servants, agents and representatives shall at no time represent themselves to be employees, representatives of MUNICIPALITY. XII. The address of County is: County Judge, Denton County 110 West Hickory Denton, Texas 76201 Telephone: 940-349-2820 The address of Municipality is: City of Denton 502 Oakland Street Denton, Texas 76201 Attention: Eva Poole Telephone: 940-349-8566 servants, agents, and/or INTERLOCAL COOPERATION AGREEMENT LIBRARY SERVICES 2002-2003 CITY OF DENTON XIII. For the full performance of the services above stated, COUNTY agrees to pay MUNICIPALITY fees as described herein. COUNTY shall pay MUNICIPALITY fees in the amount of $1.25 per capita, for a total of ONE HUNDRED THIRTY-SIX THOUSAND FIVE HUNDRED SEVENTY-THREE DOLLARS AND NO/100 ($136,573.00), based upon North Central .Texas Council of Governments population figures provided to Denton County by the Library Advisory Board, payable in equal quarterly installments to MUNICIPALITY commencing October 1, 2002 In addition, the COUNTY agrees to pay MUNICIPALITY an amount not to exceed TEN THOUSAND DOLLARS AND NO/100THS ($10,000) in matching funds upon the following conditions. MUNICIPALITY shall attempt to secure funding from sources other than Denton County. Upon receipt of additional funding, MUNICIPALITY shall provide proof of the receipt of such funds to the Denton County Auditor on a quarterly basis. Denton County shall match MUNICIPALITY's additional funding in an amount not to exceed $10,000.00. Payment by COUNTY to MUNICIPALITY shall be made in accordance with the normal and 'customary processes and business procedures of COUNTY, and payment shall be satisfied from current revenues of the COUNTY. XIV. This agreement may be terminated at any time, as stated in Local Government Code323.011 ( c ), by either party giving six (6) months advance written notice to the other party. In the event of such termination by either party, MUNICIPALITY shall be compensated pro rata for all services performed to termination INTERLOCALCOOPERATIONAGREEMENT 6 LIBRARYSERVICES2002~003 CI~OF DENTON date, together with reimbursable expenses then due and as authorized by this agreement. In the event of such termination, should MUNICIPALITY be overcompensated on a pro rata basis for all services performed to termination date or be overcompensated for reimbursable expenses as authorized by this agreement, then COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement. XV. This agreement represents the entire and integrated agreement between MUNICIPALITY and COUNTY and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both MUNICIPALITY and COUNTY. XVI. The validity of this agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this agreement shall be performable and all compensation payable in Denton County, Texas. XVII. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. INTERLOCAL COOPERATION AGREEMENT LIBRARY SERVICES 2002-2003 CITY OF DENTON 7 XVIII. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary orders or resolutions extending said authority have been duly passed and are now in full force and effect. INTERLOCAL COOPERATION AGREEMENT LIBRARY SERVICES 2002-2003 CITY OF DENTON Executed on originals in representatives. Denton County, Texas , 2002 in duplicate by the authorized COUNTY MUNICIPALITY By Mary Horn County Judge By Name Title Acting on behalf of and by the authority of the Commissioners Court of Denton County, Texas Resolution # Dated ATTEST: ATTEST: By Denton County Clerk By City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: Assistant District Attorney City Attorney APPROVED AS TO CONTENT: Director, Library Services INTERLOCAL COOPERATION AGREEMENT LIBRARY SERVICES 2002-2003 CITY OF DENTON 12/10~02 #4C AGENDA INFORMATION SHEET AGENDA DATE: December 10, 2002 DEPARTMENT: Management and Budget ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an ordinance to declare the intent to reimburse expenditures from the unreserved retained earnings of the Technology Services Fund with Certificates of Obligation for replacement of public safety communications equipment; declaring an emergency and amending the 2002-2003 Capital improvement budget; and providing an effective date. (Project- $740,000.00 for Public Safety Communications Equipment). BACKGROUND There is a critical need to replace 15-year-old Police and Fire Department radios which have experienced reliability problems. An ordinance to reimburse expenditures in the amount of $740,000 and amend the 2002-2003 CiP budget is attached. This project will provide for replacement of some of the current STX series Motorola portable hand held radios. The STX series of 800 MHz portable radios have proven to be extremely rugged and reliable, but have now far exceeded their projected life span. Motorola ceased supporting this model and we are no longer able to obtain the parts and maintenance support necessary to keep these units in proper working condition. Due to the high failure rates of these aging radios, it has become necessary to replace these units with the newer model that supports the same technology as our recently upgraded repeater system. In light of the events of September 11, 2001, Motorola recognized the need to facilitate municipalities as they began to scramble to upgrade and improve outdated and failing equipment. In an effort to show their support, for a limited time, Motorola is offering a one-time replacement rebate of $300 per radio, in addition to saving $65,700.00 on this purchase it allows the City to address the need to provide our Police Officers and Firefighters with a more reliable means of communication. The dynamic impact of this project goes far beyond the simple replacement of equipment. These new radios will be capable of growing with our needs as we begin to plan for the future. Currently, the Federal Communications Commission (FCC) is formulating a plan to set aside the 700MHz band for public safety only. When that occurs in our area, these new radios will be capable of being modified to accommodate that frequency band. Additionally, since the entire technology of radio traffic is moving in the direction of digital communications, these devices will be capable of supporting that technology as well. Agenda Information Sheet December 10, 2002 Page 2 The Technology Services Fund unreserved retained earnings will be reimbursed with Certificates of Obligation to be issued in the spring of fiscal year 2002-2003. Funds originally allocated for lease payments for the radios that are being replaced will be used to pay the debt service on the Certificates of Obligation. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This project will be added to the Technology Services Fund 2002-2003 CIP Budget. FISCAL INFORMATION This ordinance will allow $740,000 from the Technology Services Fund unreserved retained earnings to be expended and subsequently reimbursed with Certificates of Obligation. Funds originally allocated for lease payments for the radios that are being replaced will be used to pay the debt service on the Certificates of Obligation. Respectfully submitted: Anna Mosqueda Director of Management and Budget ORDINANCE NO. AN ORDINANCE TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED RETAINED EARNINGS OF THE TECHNOLOGY SERVICES FUND WITH CERTIFICATES OF OBLIGATION FOR REPLACEMENT OF PUBLIC SAFETY COMMUNICATIONS EQUIPMENT; DECLARING AN EMERGENCY AND AMEND1NG THE 2002-2003 CAPITAL IMPROVEMENT BUDGET; AND PROVIDING AN EFFECTIVE DATE. (PROJECT- $740,000 FOR PUBLIC SAFETY COMMUNiCATiON EQUIPMENT) WHEREAS, the City of DeNon (the "Issuer") is a municipal corporation/political subdivision of the State of Texas; and WHEREAS, the issuer expects to pay expenditures in connection with the purchase of communication equipmem for public safety more fully described in Attachmem "A" (the "Project"); and WHEREAS, the Issuer finds, considers, and declares that the reimbursemem of the Issuer for the paymem of such expenditures will be appropriate and consistem with the lawful objectives of the issuer and, as such, chooses to declare its imemion, in accordance with the provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Projects; and WHEREAS, Sec. 8.08 of the DeNon City Charter provides that in case of grave public necessity, emergency expenditures to meet unusual and unforeseen conditions, which could not by diligem thought and attemion have been included in the original budget, may be authorized by the affirmative vote of at least five (5) of the members of the council as an amendmem to the original budget; and WHEREAS, the City Council finds that an unforeseen emergency exists which requires amendmem of the 2002-2003 City of DeNon Budget, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: The findings and recitations in the preamble of this ordinance are incorporated herein by reference. SECTION 1: The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $740,000.00 for the purpose of paying the costs of the Project, as set forth in the attached Attachmem "A" which is made a part of this resolution for all purposes. SECTION2: All costs to be reimbursed will be for communication equipmem expenditures. No tax-exempt obligations will be issued by the issuer in furtherance of this resolution after a date which is later than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures are made, is placed in service. All amounts expended from the Unreserved Retained Earnings for the Projects to pay any costs of the Projects shall be reimbursed from Certificate of Obligation proceeds within the 2002-2003 fiscal year. SECTION 3: The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this ordinance more than three years after the date any expenditure which is to be reimbursed is paid SECTION 4: The 2002-2003 budget of issuer is amended up to $740,000.00 to provide for adjustmems to budgeted appropriations in the Technology Services Fund. SECTION 5: That the City Secretary is directed to attach a copy of this ordinance to the original budget and cause this amendmem to be published once in the Demon Record-Chronicle. SECTION 6: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 S:\Our Documents\Resolutions\02\Tech Services Fund Resolution.doc ATTACHMENT "A" CITY OF DENTON, TEXAS ANNUAL PROGRAM OF SERVICES AMMENDED 2002-07 CAPITAL IMPROVEMENT PROGRAM TECHNOLOGY SERVICES FUND YEAR DIV/DEPT PROJECT NAME OTHER* TOTAL REQUIRED CITY FUNDING AID IN CONST. TOTAL PROJECT COSTS 2002-03 Tech Tech Tech Plan II Public Safety Communications TOTAL $1,000,000 $ 1,000,000 $ $ 1,000,000 740,000 740,000 740,000 $1,740,000 $ 1,740,000 $ $ 1,740,000 2002-07ciP 11/22/02 10:54 AM "Dedicated to Quality Service" 12/10/02 #4D AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: December 10, 2002 Materials Management Questions concerning this acquisition may be directed to Charles Wiley 349-7925 Alex Pettit 349-8595 ACM: Kathy DuBose, Fiscal and Municipal Services~i~ SUBJECT Consider adoption of an Ordinance awarding a comract for the purchase of public safety radios and hardware and software necessary for the upgrade of the City of DeNon 800 MHZ trunk radio system as awarded by the State of Texas Building and Procuremem Commission (formerly known as the General Services Commission) through the Qualified information Services Vendor (QiSV) Catalogue Program; providing for the expenditure of funds therefore; and providing an effective date (File 2932-Public Safety Radios and Miscellaneous Equipmem awarded to Motorola Communications and Electronics inc. in the amoum of $720,555). FILE INFORMATION This requisition is for the acquisition of hardware and software necessary for the upgrade of the City of DeNon 800 MHZ Trunked Radio system. The radios, software and associated equipmem are for the replacement of 219 Fire and Police Department hand held radios that are no longer economical to maimain and do not provide the level of performance needed by our public safety divisions. This purchase represems an upgrade from the currem STX series Motorola portable hand held radios. The STX series of 800 MHZ portable radios have proven to be extremely rugged and reliable, but have now far exceeded their projected life span. Most of the STX radios owned by the City of Denton are 14 to 15 years old. Motorola ceased supporting this model and we are no longer able to obtain the parts and maintenance support necessary to keep these units in proper working condition. Due to the high failure rates of these aging radios, it has become necessary to replace these units with the newer model that supports the same technology as our recently upgraded repeater system. This purchase will enhance the safety of our police officers and fire fighters in their service to our community by providing them a reliable means of communication. In light of the events of September l lth, Motorola recognized the need to facilitate municipalities as they began to scramble to upgrade and improve outdated and failing equipment. In an effort to show their support, for a limited time, Motorola is offering a one-time replacement rebate of $300 per radio; this translates to a savings of $65,700 to the City on this purchase. Agenda Information Sheet December 10, 2002 Page2 FILE INFORMATION (CONTINUED) This acquisition includes the SmartNet Protocol Software and 184 XTS-5000 radios for the Police Department, 35 XTS-500 radios for the Fire Department, and limited peripheral equipment. Equipment compatible with our new core radio site is only available from Motorola Communications and Electronics, Inc. and is protected by patent or copyright. The pricing offered by Motorola Communications and Electronics, inc. (QiSV# 1361115800000) is equal to or less than pricing listed in their State of Texas Qualified information Services Vendor catalogue as approved by the State of Texas Building and Procurement Commission. RECOMMENDATION Staff recommends that the purchase of public safety radios and hardware and software necessary for the upgrade of the City of Denton 800 MHZ trunk radio system be awarded to Motorola Communications and Electronics Inc. in the amount of $720,555. PRINCIPAL PLACE OF BUSINESS Motorola Communications and Electronics Inc. Dallas, Texas ESTIMATED SCHEDULE OF PROJECT Equipment will be shipped within 3 weeks of receipt of an order. FISCAL INFORMATION Funding for this Public Safety communications project will be available pending approval of a reimbursement ordinance listed above on the consent agenda. This ordinance will allow $740,000 from the Technology Services Fund unreserved retained earnings to be expended and subsequently reimbursed with Certificates of Obligation. Funds originally allocated for lease payments for the radios that are being replaced will be used to pay the debt service on the Certificates of Obligation. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quotation from Motorola Attachment 2: QiSV Certification Letter 1-AlS-File 2932 Attachment 1 THE CITY OF DENTON CO~LMUNICATIONS DEP)dtTMENT November 21. 2002 POLICE DEPARTNIENT RADIOS: QB'. Description Unit Extended 184 H18UCF9W6P-N, XTS-5000 Portable, Level II, Digital'Analog, 700 Mhz/800 ~ Capable 184 Q241 Analog Software Option 184 H37 SmanNet Software Technology 184 H499 Ruggedized Housing 184 H223RUGD Ruggedizecl,'FM Battery 184 NTN1873 Single Unit Rapid Rate Charger 184 NTN8297R RuggedizecL,'FM Battery 184 N_WIN6191 FM Speaker Microphone Less 5300.00 per unit savings Total Police Radios 1,835.00 337,640.00 0 0 1,020.00 187,680.00 213.00 39,192.00 40.00 7,360.00 147.00 27,048.00 107.00 19,688.00 83.00 15,272.00 3,445.00 633,880.00 (-300.00) (- 55,200.00} 3,145.00 578,680.00 Page 2 - CiD- of Denton HRE DEPARTMEN~r RADIOS: QR-. Description Unit Extended 35 35 35 35 35 35 35 35 35 H 18UCF9W6-P-N, XTS-5000 Portable, Level II, Digital/Analog 700 MN800 Mttz Capable 1,835.00 Q241 Analog Soft'are Option 0 H37 SmartNet Softwre Iechnology 1,020.00 H499 Ruggedized Housing 213.00 H223RUGD Ruggedized/FM Battery 40.00 H64 Yellow Housing 22.00 ~1873 Single Unit Rapid Rate Charger 147.00 NTN8297R Rugedizecl/FM Battery 107.00 NZvlN6191 FM Speaker Microphone 83.00 64,225.00 0 35,700.00 7,455.00 1,400.00 /70.00 5,145.00 3,74.500 2,905.00 Less 5300.00 per unit savings Total Fire Department Radios 3,467.00 {-300.00) 3,167.00 121,345.00 {-10,500.00~ 110,845.00 Page 3 - CiD' of Denton Miscellaneous Equipment: 50 50 50 50 Description BDN6677A Ear Microphone 0180300E83 Bodyswitch P-T-T 4280369E44 Microphone Access. 0180358B33 Adjustable Earholder Unit 168.30 135.15 1.36 16.15 Extended 8.415.00 6,757.50 68.00 807.50 66 66 66 NTN7144 Batteries for MTS2000 Portable 38.00 N~N6193 Spcakcr Mics for MIS2000 72.00 N-FN1168 Charger for MIS2000 117.00 2,508.00 4,752.00 7,722.00 Misc. Equipment 31,030.00 Page 4 CiDP of Denton Police Radios 578,680.00 Fire Radios 110,845.00 Misc. Equipment 31,030.00 Total Equipment 720,555.00 Note: * Motorola offers a 1.25 ~o additional savings from the total project for Cash With Order. {I.E. on above 5720,555.00 a savings of 59,007.00 would be realized.) Standard Terms: Net 30 Days from receipt of equipment. Equipment will ship week of 1228'02 · Pricing quoted valid through 12 16.02 Communications and Electronics Inc. Attachment 2 Address ~Rep~y to: 1801 Royal Lane Ste. 800 Dallas, TX 75229 (972} 501-1300 November 25, 2002 City of Denton Police Department Attn: Tim Smith 601 E. Hickory Denton, Texas Mr. Smith, Motorola is proud to be an approved vendor for the QISV Purchasing System in the State of Texas. This allows us to provide the Public Safety Agencies the best communications solutions at the best possible cost to the end users. Pricing submitted to the City of Denton dated November 22nd is offered at equal to or below the cost offered through the State Catalogue. Should you have any questions or require additional information, please do not hesitate to call me at (972) 977-8022. Regards, 'Becky Smartt Account Manager 1301 E. Algonquin Rd., Schaumburg, IL 60196 ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF PUBLIC SAFETY RADIOS AND HARDWARE AND SOFTWARE NECESSARY FOR THE UPGRADE OF THE CITY OF DENTON 800 MHZ TRUNK RADIO SYSTEM AS AWARED BY THE STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION (FORMERLY KNOWN AS THE GENERAL SERVICES COMMISSION) THROUGH THE QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 2932-PUBLIC SAFETY RADIOS AND MISCELLANEOUS EQUIPMENT AWARDED TO MOTOROLA COMMUNICATIONS AND ELECTRONICS INC. IN THE AMOUNT OF $720,555). WHEREAS, the City Council of the City of Denton has heretofore adopted Resolution 92- 019 pursuant to Section 2157.067 of the Texas Government Code and Sections 271.082 and 271.083 of the Texas Local Government Code which authorizes the City to participate in the State Purchasing building and Procurement Commission'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 is a qualified vendor in the QISV Catalogue and the contract authorized by this ordinance is in the best interests of the City and complies with the requirements of Subchapter B of Chapter 2157 of the Texas Government Code as a QISV Catalogue purchase; and WHEREAS, the City Council has provided 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. The numbered items in the following numbered file for materials, equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 2932 Motorola Communications and Electronics Inc. $720,555 SECTION 2. By the acceptance and approval of the above numbered items set forth in File 2932, the City accepts the offer of the persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the General Services Commission, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in File 2932 wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the State of Texas Building and Procurement Commission, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the State of Texas Building and Procurement 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 file, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of .,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-File 2932 12/10~02 #4E AGENDA INFORMATION SHEET AGENDA DATE: December t0, 2002 DEPARTMENT: Electric and Water Utilities ACM: Howard Martin, 349-8232 ~ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for Professional Legal Services with the Law Offices of Jim Boyle, PLLC for Professional Legal and Lobbying Services Related to the 78th Texas Legislative Session pertaining to the City of Denton/Denton Municipal Electric; authorizing the expenditure of funds therefore; and providing an effective date. BACKGROUND There are many areas of importance to our utilities that are influenced by the Texas Legislature. We have found, from our experience during the last three legislative sessions, that our ability to operate successfully and economically can easily be harmed by legislative action unless we monitor its activity carefully and are prepared to actively intervene to protect our interests. The 78th Texas Legislative Session is expected to be a very active one in the water area, particularly related to effiuent reuse issues and SBt. In the electric area, the major financial upheaval in the energy market caused by the ENRON collapse, the difficulties experienced in the development of the deregulated retail market, and issues related to the ability to construct critically needed transmission facilities are expected to cause efforts to change the structure of the electric market in Texas. Also, the state's budget deficit could cause pressure to impose charges or taxes on utility services as a method to help close the budget gap. Mr. Boyle has represented Denton Municipal Electric during the last three Legislative Sessions. Although he was being paid for only DME services, he also tried to monitor legislation in other areas and warn other Denton utilities and General Government about developments on other pieces of legislation what might have an effect on their operations. Mr. Boyle provides an unusual form of legislative representation. Most individuals offering this service simply take legislation and back-up data prepared by their clients and use their connections to present it to the appropriate legislators. Mr. Boyle drafts legislation, does legal research in support of positions, and prepares background material as well as providing entr6e to the appropriate legislators. He is also very good at finding other entities who have similar interests and forming coalitions to get things done. His fees for these expanded services are lower than most individuals in this business. During the 78th Texas Legislative Session, Mr. Boyle will work both independently on behalf of Denton's electric and water utilities and in conjunction with professional organizations such as TPPA and TML, other experts on utility matters and other cities with similar interests. He will provide the daily presence in Austin required to be discussing issues with staff members and key players on the daily basis needed to learn about behind the scenes maneuvering in time to influence it. This type of work takes a large amount of time. Utilization of a professional located in Austin, supplemented by carefully planned visits from City staff and elected officials, is the most efficient way to protect our interests. OPTIONS 1. Approve the contract as proposed. 2. Do not approve any form of legislative representation for the electric and water utilities. RECOMMENDATIONS Both DME and the Water Utility feel it is critically important that we are prepared to protect the City's interests as they relate to each utility by having a daily presence in Austin during the 78th Legislative Session. ESTIMATED SCHEDULE OF PROJECT January 1, 2003 through May 31, 2003. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item was presented to the Public Utilities Board December 9h, 2002. Minutes are attached as Exhibit 3. FISCAL INFORMATION The cost of these services is $12,000 per month, for five months, plus a maximum not to exceed $5,000 for out-of-pocket expenses, billed at actual cost, for a total not to exceed amount of $65,000. This fee will be split between the electric and water utilities based on the level of service provided to each utility EXHIBITS 1. Ordinance 2. Agreement 3. Public Utilities Board Meeting Minutes Respectfully submitted: Howard Martin Assistant City Manager for Utilities Prepared by: Sharon Mays Director of Electric Utilities S:\Our Documents\Miscellaneous\02\120902 PUB Agenda Draft Boyle 78th Legislature.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW OFFICES OF JIM BOYLE, PLLC. FOR PROFESSIONAL LEGAL AND LOBBYING SERVICES RELATED TO THE 78TM TEXAS LEGISLATIVE SESSION. PERTAINING TO THE CITY OF DENTON/DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it necessary and appropriate and in the public interest to engage the Law Offices of Jim Boyle, PLLC ("Boyle"), of Austin, Texas, to provide professional legal services and lobbying services pertaining to representation of the City of Denton, Texas ("City") and its municipal electric utility, Denton Municipal Electric ("DME") during the 78th Texas Legislative Session; and WHEREAS, the City has previously retained and engaged the professional legal services of Boyle on numerous occasions in the last seven years, and has operated under numerous other Agreements For Professional Legal Services, approved by the City Council, and signed by the City Manager, regarding legislative issues and lobbying services; Denton Municipal Electric issues at the PUC and in the courts; and other engagements which have demonstrated Boyle's considerable expertise of relevant issues concerning the City as well as DME; and WHEREAS, the City staffhas reported to the City Council that there is a substantial need for the hereinabove described professional services by Denton Municipal Electric, and that limited City staff cannot adequately perform the specialized legal and lobbying services and tasks, which are wholly centered in Austin, Texas, with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act," generally provides that a city may not select a provider of professional services on the basis of competitive bids, but must select the provider of professional services on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and the City Council hereby finds and concludes that Boyle is appropriately qualified under the provisions of the law, to be retained as outside legal and lobbying counsel for the City and for Denton Municipal Electric, respecting this engagement; and WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be used for the procurement of the foregoing professional legal services, as set forth in the Agreement for Professional Legal Services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the recitations in the preamble are true and correct and are incorporated herewith as a part of this Ordinance. EXHIBIT I SECTION 2: That the City Manager is hereby authorized to execute an Agreement for Professional Legal Services with the Law Offices of Jim Boyle, PLLC, of Austin, Texas for professional legal and lobbying services pertaining to the interests of the City and of DME in proposed legislation before the 78th Texas Legislative Session as hereinabove described, in substantially the form of the Agreement for Professional Legal Services attached hereto and incorporated herewith by reference. SECTION 3: That the award of this Agreement is on the basis of the demonstrated competence and qualifications of the Law Offices of Jim Boyle, PLLC, and the ability of the Law Offices of Jim Boyle, PLLC, to perform the professional legal and lobbying services needed by the City for a fair and reasonable price. SECTION 4: That the expenditure of funds as provided for in the attached Agreemem for Professional Legal Services is hereby authorized. SECTION 5 That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S,\Our Documents\Ordmances\02~&m Boyle-78th Texas Legislature-Legal-Lobbying ord doc STATE OF TEXAS COUNTY OF DENTON AGREEMENT FOR PROFESSIONAL LEGAL SERVICES THIS AGREEMENT, made and entered into this the __ day of December, 2002, by and between the Law Offices of Jim Boyle, PLLC, 1005 Congress, Suite 550, Austin, Texas 78701, acting by and through Jim Boyle, Esq. having full authority to execute this Agreement on behalf of the firm, hereinaf[er referred to as "Consultant"; and the City of Denton, Texas, a municipal corporation, 215 East McKinney Street, Denton, Texas 76201, acting by and through its duly authorized City Manager, herein_after referred to as "City." wrrl SSET Wlt-EREAS, the City finds it necessary to employ experienced outside legal counsel to perform professional legal services and State lobbying services in a highly specialized area of law, public utility law; and wishes to retain Consultant to represent the City of Denton, Texas as well as its electric utility, Denton Municipal Electric ("DME") in accordance with the emphasis and focus that is generally identified and is more particularly set forth in Exhibit "A" (the "Scope of Services") attached hereto, before the 78~ Texas Legislative Session; and WHEREAS, the Conmltant is willing to perform such services in a professional manner as an independent contractor; and the City desires to engage the Consultant to render the professional services in connection therewith, and the Consultant is willing to provide such services; and NOW, THEREFORE, in consideration of the promises and mutual obligations set forth herein, and for good and valuable consideration, the City and Consultant do hereby mutually AGREE as follows: SECTION 1: Scope of Services.. The Consultant shall perform the following services in a professional manner working as an independent contractor not under the direct supervision and control of the City: A. Services to be provided: O) Consultant shall provide, without limitation, all those services set forth in Exhibit "A," incorporated by reference herewith and made a part of this Agreement for all purposes; and Consultant shall attend legislative hearings, contact key legislators and legislative staff, and perform other related lobbying activities as are reasonably requked by tho City. (2) Consultant shall consult with the Mayor, the City Manager, the Assistant City Manager for Utilities, the Director of Electric Utilities, the City Attorney, and the EXHIBIT II Utility Attorney; and any other designated City administrative personnel, regarding any and all aspects of the special services to be performed, including legal research and legal advice with respect to such matters. This will include coordinating with the Assistant City Manager for Utilities, the Director of Electric Utilities, the City Attorney, and the Utility Attorney and their staff, to efficiently perform the services required and to communicate the City's legislative program or issues to other interested parties or legislators only to the extent necessary to advance the City's legislative agenda. (3) Consultant shall provide regular written status reports to the City; and interim reports to the City by telephone and/or facsimile on matters that are time- sensitive. Consultant shall perform all the services required by this Agreement in a timely fashion, and shall complete them in reasonable compliance with any schedules estabhshed by the City through its Assistant City Manager for Utilities, as appropriate, to carry out the terms and provisions of this Agreement. SECTION2: Term. The professional services of Consultant as provided by this Agreement shall commence on January 1, 2003 and shall continue until the expiration of the term of this Agreement, on May 31, 2003. The term of this Agreement is generally tied to the schedule of the 78~h Texas Legislative Session. This Agreement may addkionally be sooner terminated by either party in accordance with the provisions hereof. Time is of the essence of this Agreement, and the Consultant shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible during the term of this Agreement, and to meet the schedules established by the City, through its Assistant City Manager for Utilities, or as the progress of this matter may require. SECTION 3: Compensation and Method of Payment. A. Consultant shall be paid a lump sum retainer fee for the sum of $12,000 per month, for each of the five (5) months that this Agreement is in full force and effect. Due to the unique and specialized nature of the services provided, the City recognizes and agrees that the payment of a monthly retainer fee, rather than an hourly fee, for Consultant's services in the area of work covered by this Agreement, is the usual and customary method of compensation for such professional services. In addition, the City shall reimburse Consultant for all out-of-pocket expenses incurred in connection with this Agreement, at Consultant's actual cost. For in-house photocopies, Consultant shall charge $.15 per copy. For in-house faxes, Consultant shall charge $.25 per page plus telephone charges. City and the Consultant agree that the lump-sum monthly fees and the out-of-pocket expenses payable to Consultant under this Agreement shall not exceed $65,000. B. The Consultant shall utilize his best efforts in representing the City's interests, and may, from time4o-time, as reasonably necessary or appropriate, delegate tasks to be performed within the Scope of Services of this Agreement, by utilizing qualified partners, Contract For Professional Legal Services - Page 2 associates, paralegals, law clerks, and other legislative support personnel employed by Consultant. Assistance provided by Consultant's staff is included in the above monthly lump-sum fee. Assistance provided by individuals who do not work for Consultant is not included in the monthly lump-sum fee. Any such fees shall be submitted to the City as a reimbursable out-of-pocket expense incurred. To the extent that any such expense will exceed $500.00, Consultant will first contact the City's Assistant City Manager for Utilities or the Director of Electric Utilities, for advance approval to expend such an amount. Consukant shall bill the City through the submission of a monthly invoice, statements, and other documentation, including reasonable supporting data or information identifying those out-of-pocket expenses incurred by Consultant and invoiced to the City. C. Upon completion of services for a month's work performed hereunder, the City shall make payment to Consultant within thirty (30) days of the satisfactory completion of services for the given month's work and receipt of an invoice or statement. The parties anticipate that invoices or statements for services will be generated on a monthly basis and that said invoices or statements will be sent to the City on or about the 5~ day of each month, following the firm's rendering services to the City for the preceding month. All invoices and bills issued by the Consultant shall be approved by the Director of Electric Utilities and the Utility Attorney. D. It is understood that the Consultant shall work under the coordination and general supervision of the Assistant City Manager for Utilities, the Director of Electric Utilities, and the City Attorney, or his designee. E. It is understood that all notices, billing statements and invoices shall be made in writing and may be given by personal delivery, by telecopy, or by U.S. Mail. Billing statements and invoices sent by mail shall be addressed to: Michael S. Copeland, Utility Attorney, 215 East McKinney Street, Denton, Texas 76201 [Fax (940) 349-8120]. Notices sent by mail shall be addressed both to Mr. Copeland as well as to: Michael A. Conduff, City Manager, 215 East McKinney Street, Denton, Texas 76201 [Fax (940) 349-8596. When so addressed, the notice, invoice, and/or payment shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the responsible person or office to whom notices, invoices, and/or payments are to be sent, provided reasonable written notice is given. SECTION 4: Professional Competency. A. Consultant agrees that in the performance of these professional services, Consultant shall be responsible for the level of competency and shall use the same degree of skill and care presently maintained by other practicing professionals performing the same or similar types of work in the State of Texas. For the purpose of this Agreement, the key person who will be performing most of the work hereunder shall be Jim Boyle. However, nothing herein shall limit Consultant from using other qualified and competent members of its firm to perform the services required herein. Contract For Professional Legal Services - Page 3 B. All legal opinions and other legal documents prepared or obtained under the terms of this Agreement are instruments of service and the City shall retain ownership and a property interest therein. If this Agreement is terminated at any time for any reason prior to payment to the Consultant for work under this Agreement, all such documents prepared or obtained under the terms of the Agreement shall upon termination be delivered to and become the property of the City upon request and without restriction on their use or further compensation to the Consultant. SECTION 5: Establishment and Maintenance of Records. Full and accurate records shall be maintained by the Consultant at its place of business with respect to all matters covered by this Agreement. Such records shall be maintained for a period of at least three (3) years after receipt of final payment under this Agreement. SECTION 6: Audits and Inspection. At any time during normal business hours and upon reasonable notice to the Consultant, there shall be made available to the City all of the Consultant's records with respect to all matters covered by this Agreement. Consultant shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of contracts, invoices, materials, and other data relating to all matters covered by this Agreement. SECTION 7: Accomplishment of Project. Consultant shall commence, carry on, and complete any and all projects with all practicable dispatch, in a sound, economical and efficient manner, and, in accordance with the provisions hereof and all applicable laws. In accomplishing the projects, the Consultant shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the City. SECTION 8: Indemnity and Independent Contractor Relationship. A. The Consultant shall perform all services as an independent contractor not under the direct supervision and control of the City. Nothing herein shall be construed as creating a relationship of employer and employee between the parties. The City and Consultant agree to cooperate in the defense of any claims, action, suit, or proceeding of any kind brought by a third party which may result from or directly or indirectly arise from any negligence and/or errors or omissions on the part of the Consultant or from any breach of the Consultant's obligations under this Agreement. In the event of any litigation or claim under this Agreement in which Consukant is joined as a party, Consultant shall provide suitable counsel to defend the City and Consultant against such claim, provided the Consultant shall have the right to proceed with the competent counsel of its own choosing. The Consultant agrees to defend, indemnify and hold harmless the City and all of its officers, agents, servants, and employees against any and all such claims to the extent of coverage by Consultant's professional liability policy The Consultant agrees to pay all expenses, including but not limited to attorneys' fees, and satisfy all judgments which may be incurred or rendered against the Consukant's professional liability insurance policy. Nothing herein constitutes a waiver of any rights or remedies the City may have to pursue under either law or equity, including, without limitation, a cause of action for specific performance or for damages, a loss to the City, Contract For Professional Legal Services - Page 4 resulting from Consultant's negligent errors or omissions, or breach of contract, and all such rights and remedies are expressly reserved. B. Consultant shall maintain and shall be caused to be in force at all times during the term of this Agreement, a legally binding policy of professional liability insurance, listed by Best Rated Carriers, with a rating of "A-" or above, issued by an insurance carrier approved to do business in Texas by the Texas Board of Insurance. Such coverage shall cover any claim hereunder occasioned by the Consultant's negligent professional act and/or error or omission, in an amount not less than $500,000 annual aggregate, per claim. In the event of change or cancellation of the policy by the insurer, the Consultant hereby covenants to forewith advise the City thereof; and in such event, the Consultant shall, prior to the effective date of change or cancellation, serve substitute policies furnishing the same coverage. The Consultant shall provide a copy of such policy or the declarations page of the policy; which ever is reasonably satisfactory, to the City through its Assistant City Manager/Utilities, simultaneously with the execution of this Agreement. SECTION 9: Termination of Agreement. A. In connection with the work outlined in this Agreement, it is agreed and fully understood by the Consultant that the City may cancel or indefinitely suspend further work hereunder or terminate this Agreement at any time upon written notice to Consultant, Consultant shall cease all work and labor being performed under this Agreement. Consultant may terminate this Agreement by giving the City fifteen (15) days written notice that Consultant is no longer in a position to continue representing the City and state the reason(s) therefore. Consultant shall invoice the City for all work satisfactorily completed through the date of the notice, and shall be compensated in accordance with the terms of this Agreement. All reports and other documents, or data, or work related to the project shall become the property of the City upon termination of this Agreement. B. This Agreement may also alternatively be terminated, in whole or in part, in writing, by either party, in the event of substantial failure by the other party to fulfill ks obligations under this Agreement through no fault of the terminating party. Provided, however, that no such termination may be affected, unless the other party is given [1] written notice (delivered by certified mail, return receipt requested) of intent to terminate, and not less than thirty (30) calendar days to cure the failure; and [2] an opportunity for consultation with the terminating party prior to termination. C. Nothing contained herein or elsewhere in this Agreement shall require the City to pay for any work which is unsatisfactory or which is not submitted in compliance with the terms of this Agreement. SECTION 10: Alternate Dispute Resolution. The Consultant agrees that, if necessary, it will use its best efforts to resolve any disputes regarding the Agreement through the use of Contract For Professional Legal Services - Page 5 mediation or other forms of alternate dispute resolution set forth in Chapter 154 of the Texas Civil Practice and Remedies Code (V.A.T.C.S.). SECTION 11: Entire Agreement. This Agreement represents the entire agreement and understanding between the parties, and any negotiations, proposals, or oral agreements are intended to be integrated herein and to be superseded by this written Agreement. Any supplement or amendment to this Agreement to be effective shall be in writing and signed by the City and the Consultant. SECTION 12: Compliance with Laws. The Consultant shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereafter be amended, including but not limited to the Texas Disciplinary Rules of Professional Conduct. SECTION 13: Governing Law. For the purpose of determining place of agreement and taw governing same, this Agreement is entered into in the City and County of Denton, State of Texas, and shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with this Agreement shall be exclusively in a court of competent jurisdiction sitting in Denton County. SECTION 14: Discrimination Prohibited. In performing the services required hereunder, the Consukant shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. SECTION 15: Personnel. A. The Consultant represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or have any contractual relations with the City. Consultant shall inform the City of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement, in accordance with Consultant's responsibilities under the Texas Disciplinary Rules of Professional Conduct. B. All services required hereunder will be performed by the Consultant or under its direct supervision. All personnel engaged in work shall be qualified and shall be authorized or permitted under state and local laws to perform such services. SECTION 16: Assignability. The Consultant shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the City thereto. SECTION 17: Required Legal Disclosure. State law requires Consultant to advise you that the State Bar of Texas investigates and prosecutes professional misconduct committed by Texas Attorneys. Although not every complaint against or dispute with a lawyer involves professional misconduct, the State Bar's Office of General Counsel will provide you with Contract For Professional Legal Services - Page 6 information about how to file a complaint. For more information, call 1-800-932-1900~ This is a toll-free call. SECTION18:Severability. All agreements and covenants contained herein are severable, and in the event any of them, with the exception of those contained in sections headed "Scope of Services", "Independent Contractor Relationship," and "Compensation and Method of Payment" hereof, shall be held to be invalid by any court of competent jurisdiction, this Agreement shall be interpreted as though such invalid agreements or covenants were not contained herein. SECTION 19: Responsibilities for Claims and Liability. Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant for the accuracy and competency of its work; nor shall such approval be deemed to be an assumption of such responsibility of the City for any defect in any report or other documents prepared by the Consultant, its employees, officers, agents and consultants. SECTION 20' Modification of Agreement. No waiver or modifcation of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid; and, the parties further agree that the provisions of this section will not be waived as herein set forth. SECTION 21: Captions. The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. SECTION 22: Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this Agreement. 1N WITNESS WHEREOF, the City of Denton, Texas, has executed this Agreement in four (4) original counterparts by and through its duly-authorized City Manager; and Consultant has executed this Agreement by and through its duly-authorized undersigned proprietor, on this the day of December, 2002. "CITY" CITY OF DENTON A Texas Municipal Corporation By: Michael A. Conduff, City Manager Contract For Professional Legal Services - Page 7 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ATTEST: "CONSULTANT" LAW OFFICES OF JIM BOYLE, PLLC ~oyle, E~ By: Contract For Professional Legal Services - Page 8 EXHIBIT "A" SCOPE OF SERVICES The Law Offices of Jim Boyle, PLLC, Austin, Texas (the "Firm") shall provide legal and legislative services, advice, and assistance to the City of Denton, Texas ("City") as well as its electric utility, Denton Municipal Electric ("DME"), under the Agreement for Professional Legal Services attached hereto, in connection with State legislative activities in the 78th Texas Legislative Session related to: Any legislation related to SB 7 [Electric Restructuring] Any legislation related to the fees to be paid by DME to ERCOT Any legislation related to electric utility issues of importance having a special impact upon DME Any legislation related to environmental issues having a special impact upon DME Denton Water Utilities: Any legislation related to water issues having a special impact upon the City Any legislation related to the wastewater issues having a special impact upon the City Any legislation related to the wastewater reuse issues having a special impact upon the City Any legislation related to the implementation of SB 1 or SB 2 [vis-/~-vis the City] Any legislation related to drainage or storm water issues having a special impact upon the City Any legislation related to environmental issues having a special impact upon the City Services to be provided by the Firm include: Preparing and recommending legislative proposals of benefit to the City/DME · Development of a strategic legislative plan for the City/DME · Preparation of issue papers and reports for legislators and staff · Analyzing proposed legislative bills for potential impact upon the City/DME · Communicating with key legislators and their staffs · Meeting with the Denton City Council and/or the Denton Public Utilities Board in Demon, Texas to provide advice and guidance regarding City/DME legislative plans, strategies, and other related issues, upon reasonable advance notice. S:\Our DocumentskContracts\02U~m Boyle 78th Legislature Lobbying Svc PSA. doc Contract For Professional Legal Services - Page 9 12/10~02 #4F AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: December 10, 2002 Airport and Transit Operations Jon Fortune, Public Safety and Transportation Operations SUBJECT Consider the approval of an ordinance approving an amendmem to a passenger motor carrier transit agreement between the City of Denton and McDonald Transit Associates, Inc., dated April 16, 2002 to provide an express shuttle service for the University of North Texas; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND On November 5, 2002 Council approved an ordinance authorizing the City of DeNon to emer imo an Imerlocal Agreemem with the University of North Texas (UNT) to provide an express bus service to UNT from various apartment complexes. The shuttle service was initiated to alleviate the demand on university area parking, reduce traffic congestion in the UNT area and to improve the quality of service the LINK System provides on Routes 1 and 2 in south Denton. As stated in the Interlocal Agreement with UNT, it was determined that the City of Denton would enter into an Interlocal Agreement with UNT and amend the current contract with McDonald Transit to provide the proposed shuttle service. Furthermore it states, UNT will provide all operating expenses to the City for the service and will also provide the local match for federal funding to acquire transit vehicles in the short-term, as well as local funding for acquisition of new transit vehicles at a later date. OPTIONS I. Approve the proposed amendment to the McDonald Transit Agreement. II. Provide staff direction with other alternatives to providing passenger motor carrier service to UNT. RECOMMENDATION Staff recommends the approval of the proposed contract amendment. ESTIMATED SCHEDULE OF PROJECT The Interlocal Agreement with UNT states the service will begin January 13, 2003 and continue through August 31, 2005. Service is to be provided during spring and fall semesters only. PRIOR ACTION/REVIEW The City Attorney's Office reviewed and prepared the proposed contract amendment. FISCAL INFORMATION McDonald Transit will provide passenger motor carrier service, excluding maintenance expenses, for $23.67 per revenue hour. McDonald Transit will be paid an advance "start up fee" in the amount of $20,620.00. This fee will be applied toward operating expenses incurred by McDonald Transit during the first month of operation. McDonald Transit will invoice the City on the 15~h of each month for prior month service. (The monthly fee paid by UNT established in the Interlocal Agreement covers all expenses for said shuttle service). Respectfully submitted: Mark Nelson Director of Airport and Transit Operations ORDINANCE NO. AN ORDINANCE APPROVING AN AMENDMENT TO A PASSENGER MOTOR CARRIER TRANSIT AGREEMENT BETWEEN THE CITY OF DENTON AND MCDONALD TRANSIT ASSOCIATES, iNC. DATED APRIL 16, 2002 TO PROVIDE AN EXPRESS SHUTTLE SERVICE FOR THE UNIVERSITY OF NORTH TEXAS; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton and McDonald Transit Associates, Inc. ("McDonald") have emered imo that certain Agreemem dated April 16, 2002 to Provide Passenger Motor Transit Services (the "Transit Agreemem"); and WHEREAS, the City and McDonald desire to amend the Transit Agreemem to provide for an express passenger shuttle service for the University of North Texas as particularly described in the Amendment attached hereto and made a part hereof by reference (the "Amendmem"); and WHEREAS, the City Council finds that the Amendmem is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations comained in the preamble of this ordinance are incorporated imo the body of this ordinance as if fully set forth herein. SECTION 2. The Amendmem is hereby approved. The City Manager or his designee, is authorized to sign the Amendmem on behalf of the City of DeNon. SECTION 3. The City Manager, or his designee, is authorized to expend funds provided for in the Amendmem and to exercise the City's rights and obligations thereunder. SECTION 4. This ordinance shall become effective immediately upon its 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: HERBERT L. PROUTY, CITY ATTORNEY BY: AMENDMENT TO AGREEMENT TO PROVIDE SERVICES FOR PASSENGER MOTOR CARRIER TRANSIT SYSTEM WITH MCDONALD TRANSIT ASSOCIATES, INC. THIS AGREEMENT is made as of the date set forth below by and between the City of Denton (the "City") and McDonald Transit ASsociates, Inc. a Texas Corporation (hereinafter referred to as "Company"). WHEREAS, on April 16, 2002 the City and the Company entered into that certain Agreement to Provide Services for Passenger Motor Carrier Transit System (the "Contract") which provided for the operation of a Passenger Motor Carrier Transit System for the City of Denton, Texas; and WHEREAS, the University of North Texas and the City of Denton have entered into an Interlocal Agreement dated November 5, 2002 wherein the City is to provide express passenger shuttle system for university students at certain locations (the "UNT Agreement"); and WHEREAS, the City of Denton and the Company are agreeable to provide such express passenger shuttle system under the UNT Agreement; and WHEREAS, the parties desire to amend the Contract to reflect the changes necessitated by providing such service; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree as follows: follows: Section IV, A of the Contract is amended in its entirety to read as A. Providing transportation within the designated operating limits during the hours of 6:00 a.m. to 9:00 p.m., Monday through Friday and Saturdays from 9:00 a.m. to 6:00 p.m. except on holidays as described in the most current system map and ride guide. In addition, the Company shall provide the express passenger shuttle system services for University of North Texas ("UNT") provided for and described in that certain Interlocal Agreement (the LINT Agreement") dated November 5, 2002 between the City and UNT (the "UNT Shuttle Services"). as follows: Section VI of the Contract is amended to add paragraph H. to read Page 1 of 3 C:~Documents and Settings~Bob~Local Settings\Temporap:~ lntcrnet Files\Contel~l.lE5\6FCP0905\3 -AGR McDonald Transit. doc 2002. H. For satisfactory performance of the UNT Shuttle Services the City shall pay the Company the sum of $23.67 per revenue hour of service as that term is defined in the UNT Agreement. Such compensation shall be paid on a monthly basis with the monthly Fixed Sums payments. In addition, the City shall make a payment of $20,620.00 for training and administrative costs associated with the UNT Shuttle Services (the "Start Up Payment"). The City shall pay the Company the Start Up Payment no later than December 20, 2002. The Start Up Payment will be applied to the first month of service. The company will then submit monthly invoices on the 15th of each month for services rendered for the prior month. Section XII, D of the Contract is amended to add paragraph 9 to read as follows: 9. The certificates of insurance furnished shall also name the University of North Texas as an additional insured for the provisions of the LINT Shuttle Services. 4. All other terms and conditions contained in the Contract that are not expressly amended or changed by this instrument shall remain in full force and effect. SIGNED as of the day of CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY By: Michael A. Conduff City Manager BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: MCDONALD TRANSIT A SSOCI/~4/~ ROBERT T. BABBITT, PRESIDENT Page 3 of 3 C:kDocuments and Settings~BobkLocal Settings\Temporary Intemet Files\Conlent. IE5\6FCPOg05\3 .AGR McDonald Transit doc 12/10/02 #4G AGENDA INFORMATION SHEET AGENDA DATE: December 10, 2002 DEPARTMENT: Human Resources ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider approval of a resolution of the City of Denton, Texas approving revised City policies regulating Drug and Alcohol Free Work Place and Ami-Substance Abuse and Rehabilitation of City employees and declaring an effective date. BACKGROUND In the past two years, an Employee Policy Review Committee was established to examine and review the City's employmem policies, administrative procedures and administrative directives comained in the "City of Demon Policies and Procedures Manual." The manual is designed for employee guidance and reference. The review process is coordinated by the Human Resources Department in conjunction with Legal staff. When there is a discrepancy between the written reference and the Organization's practice, the Committee makes a determination to either change or to reinforce through training and communication the affected policy, procedure or directive. For the most part, the policies and amendments are primarily administrative in nature so as to reflect the actual practices throughout the Organization. Drug and Alcohol Free Work Place Policy Since 1989, the City has had a Drug and Alcohol Free Work Place Policy in place stating that the use of drugs and/or alcohol in the work place is inconsistem with expected employee behavior and poses unacceptable risks to employees and citizens. As a public emity, the City recognizes its responsibility to ensure the trust of its citizens and the well being of its employees and citizens. The City is held to a high standard of conduct and strives to implemem appropriate measures to provide a safe and healthy work environmem. Currently before you are recommended amendments to the "Policy Statement" portion of the Drug and Alcohol Free Work Place Policy (108.11). The recommended changes include moving roman numerals I-III out of the Policy Statement section and under the Administrative Procedures section in order to allow for necessary updates to be made in cases where the laws and/or administrative procedures may change in regards to this area. Additionally, in order to remain consistem with the Ami-Substance Abuse and Rehabilitation Policy (108.12), it has been recommended that employees convicted of drug and/or alcohol related violations occurring in the work place be terminated for a first offense. The revised policy statement follows: Agenda Information Sheet December 10, 2002 DRUG AND ALCOHOL FREE WORK PLACE POLICY STATEMENT: It is the policy of the City of Denton to provide employees with a working environment that is free of the problems associated with the use and abuse of alcohol and controlled substances. The use of alcohol and controlled substances is inconsistent with the behavior expected of employees and subjects the City to unacceptable risks of work place accidems or other failures that would undermine the City's ability to operate effectively and efficiently. Noncompliance with the policy set forth below will result in disciplinary action, including termination for a first offense. Anti-Substance Abuse and Rehabilitation Policy Since 1991, the City has had an Ami-Substance Abuse and Rehabilitation Policy in place establishing expectations and procedures for dealing with applicams and employees who have substance abuse problems. As a public emity, the City recognizes its responsibility to ensure the trust of its citizens and the well being of its employees and citizens. The City is held to a high standard of conduct and strives to implemem appropriate measures to provide a safe and healthy work environment. Currently before you are recommended amendments to the "Policy Statement" portion of the Ami-Substance Abuse and Rehabilitation Policy (108.12). The recommended changes include moving to a zero-tolerance standard wherein employees who test positive for drugs and/or alcohol will be terminated for a first offense. The impact that employee substance abuse can have on the image of municipal employers and how it can directly affect the delivery of quality services has led many municipalities within the metroplex to move toward a zero-tolerance philosophy. This policy does however still allow employees to self-refer if he or she has a substance abuse problem. If the employee seeks assistance prior to testing positive, that employee will not be disciplined for self-disclosure and can begin receiving treatmem. The revised policy statement follows: ANTI-SUBSTANCE ABUSE AND REHABILITATION POLICY STATEMENT: The City of Demon recognizes that employee substance abuse can have a serious, adverse impact on its image as a major employer in Demon, its ability to deliver quality services to its citizens, and the general health, welfare, and safety of its employees and the public. The pervasive presence of substance abuse in our society and the adverse effect on employee health, safety and productivity in the work place requires the establishmem of an Anti-substance Abuse and Rehabilitation Program. The City, in considering its daily operations of providing quality services to its citizens, recognizes its responsibility to implemem appropriate measures necessary to the safe, efficiem, and effective use of its resources, people, facilities, equipmem, and finances. It is the City's responsibility to ensure public trust and in doing so must implemem comprehensive safety measures that protect the well-being of its employees and citizens. Agenda Information Sheet December 10, 2002 It is the policy of the City that employees are prohibited from manufacturing, using, possessing, selling, distributing, consuming or transporting any controlled substances as defined by the Federal Comrolled Substances Act or the Texas Controlled Substances Act, or any alcoholic beverages or intoxicating substances on City property or at any time when conducting City business or performing their job duties and responsibilities, including during any lunch or rest breaks that may be given in which the employee is required to return to work immediately following. An employee is prohibited from performing his or her job duties while under the influence of alcohol or drugs, or if performance is impaired, while under the influence of lawfully prescribed or over-the-coumer substances. An employee shall not have drugs or alcohol in his or her urine, blood stream, or breath except pursuam to a valid personal prescription. An employee shall not use or possess alcohol outside of work hours on City property where prohibited by this policy, state or local law. An employee should not use or possess alcohol or drugs during any lunch or rest breaks that may be given in which the employee is required to return to work immediately following. The employee shall not use alcohol or drugs while wearing a City of DeNon uniform or any other article of clothing furnished by the City to employees with an approved City of DeNon logo(s) (refer to Public Usage and Standards Policy no. 505.02) or name, irrespective of whether the employee is on duty. There is no intent to intrude upon the private lives of employees or applicants. However, the City is concerned with those job-related situations where the use of drugs or alcohol imerferes with the health and safety of employees and the public, affects the employee's work performance during work hours, adversely affects the job performance of other employees, is considered serious enough to be detrimemal to the City's conduct of business, or affects the reputation of the City to the general public or threatens its imegrity. It is the policy of the City to have zero-tolerance in the case of employees with confirmed positive tests for drugs or alcohol and to deny employmem to applicants with confirmed positive tests for drugs. The City of DeNon complies with all applicable regulations and drug and alcohol testing programs, including the Departmem of Transportation (DOT) and American with Disabilities Act (ADA). Unless otherwise specified, the City of DeNon has adopted the drug and alcohol testing procedures and guidelines of the DOT. This policy applies to all employees, regular full-time, regular part-time, temporary and seasonal. Civil Service employees are subject to the applicable provisions of Chapter 143 of the Texas Local Governmem Code, Local Rules of the City of DeNon Fire Fighters and Police Officers Civil Service Commission, and the general orders of the Police and Fire Departmems, which may include the provisions of this policy. Agenda Information Sheet December 10, 2002 PRIOR ACTION/REVIEW The Drug and Alcohol Free Work Place policy was originally adopted in June of 1989 and revised in July of 1991. The Ami-Substance Abuse and Rehabilitation policy was originally adopted in July of 1991 and was revised in March of 1999. FISCAL INFORMATION There is no fiscal impact on the City of Denton associated with the recommended changes to the Drug and Alcohol Free Work Place Policy. The fiscal impact on the City of Demon associated with this recommended changes to the Ami- Substance Abuse and Rehabilitation Policy would be a cost savings for the amount normally spent on follow-up drug testing, return-to-duty drug testing, and the productivity savings of employees missing work in order to complete this testing and/or employees being unable to return to safety-sensitive work until completing treatment. EXHIBITS City Ordinance Drug and Alcohol Free Work Place Policy Anti-Substance Abuse and Rehabilitation Policy Respectfully submitted: Carla J. Romine Director of Human Resources SSOur DocumentskResolutions\02kDrug Free Workplace policy.doc RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING REVISED CITY POLICIES REGULATING DRUG AND ALCOHOL FREE WORK PLACE AND ANTI- SUBSTANCE ABUSE AND REHABILITATION OF CITY EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Demon, Texas has policies regarding Drug and Alcohol Free Workplace and Ami-Substance Abuse and Rehabilitation for City employees; and WHEREAS, the Director of the Human Resources Department for the City of Denton has presemed revised policies regarding employee rules and regulations concerning the Drug and Alcohol Free Work Place and Ami-Substance Abuse and Rehabilitation; and WHEREAS, the City Council, desires to adopt such policies as an official policy regarding employmem with the City; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That Policies numbered 108.11 "Drug and Alcohol Free Work Place" and 108.12 "Ami-Substance Abuse and Rehabilitation" of the Personnel Policies and Procedure Manual of the City of Demon attached hereto and incorporated by reference herein, is hereby approved as official policy of the City of Demon, Texas, and replaces former policies 108.11 and 108.12. SECTION 2. That the foregoing policies are attached hereto and made a part hereof and shall be filed in the official records with the City Secretary. SECTION 3. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: CITY OF DENTON POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 108.11 SUBJECT: STANDARD OF CONDUCT FOR EMPLOYEES iNITIAL EFFECTIVE DATE: 06/20/89 TITLE: DRUG AND ALCOHOL FREE WORK PLACE LAST REVISION DATE: 12/10/02 POLICY STATEMENT: It is the policy of the City of Demon to provide employees with a working environmem that is free of the problems associated with the use and abuse of alcohol and controlled substances. The use of alcohol and controlled substances is inconsistem with the behavior expected of employees and subjects the City to unacceptable risks of work place accidems or other failures that would undermine the City's ability to operate effectively and efficiemly. Noncompliance with the policy set forth below will result in disciplinary action, including termination for a first offense. GENERAL: The City of DeNon shall, in compliance with the Omnibus Drug Initiative Act of 1988, take those steps required by the Act to ensure that its work place is drug and alcohol flee. All employees shall receive a copy of the City's "Drug and Alcohol Free Work Place" policy, Appendix I. All persons newly hired by the City shall receive a copy of the policy during the new employee oriemation process. Any employee found in violation of this policy shall be disciplined and such discipline may include termination. The City provides an Employee Assistance Program that is designed to assist employees and their families with personal and behavioral problems that have or could adversely affect job performance. DEFINITIONS: i. Controlled Substance is defined to mean those drugs listed in Schedules i through V of Section 202 of the Federal Comrolled Substances Act, 21 U.S.C. § 812, and includes, but is not limited to, marijuana, cocaine (including "crack" and other cocaine derivatives), morphine, heroin, amphetamines, and barbiturates. When used in this policy, the term "drugs" means "controlled substances." The term does not include those controlled substances used pursuant to and in accordance with a valid prescription (as defined in section iV of the Ami-Substance Abuse and Rehabilitation Policy no. 108.12). ii. Alcohol is defined as ethyl alcohol. Alcohol, as used herein, includes any beverage, mixture or preparation comaining ethyl alcohol. iii. Intoxicating Substance is defined to mean those substances that are being utilized for the imemional purpose of causing a physical or mind-altering state. ADMINISTRATIVE PROCEDURES: i. The non-prescriptive use, sale, possession, distribution, dispensation, manufacture, or transfer of controlled substances on City property or other work sites where employees may be assigned or HR/POLICY/108.11 PAGE 2 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: DRUG AND ALCOHOL FREE WORK PLACE REFERENCE NUMBER: 108.11 elsewhere during work hours is strictly prohibited. Further prohibited is the use, sale, possession, distribution, dispensation, manufacture, or transfer of controlled substances on non-working time to the extem such activity impairs an employee's ability to perform his or her job or where such use, sale, possession, distribution, manufacture, or transfer affects the reputation of the City to the general public or threatens its integrity. Persons violating the City policy will be subject to disciplinary action that may include termination for a first offense. II. Employees are prohibited from possessing, consuming or transporting any alcoholic beverages or other intoxicating substances on City property at any time when conducting City business or when performing their job duties and responsibilities or otherwise violating Policy 108.12. III. Employees who are convicted of controlled substances-related violations or alcohol-related violations based on actions occurring during the scope and course of employmem with the City of DeNon under state or federal law or who plead guilty or "no comest" to such charges will be terminated. Employees must report the conviction to the Director of Human Resources or designated represemative and Departmem Director or designated represemative within five (5) business days from the date of the conviction. IV. Employees who are arrested for controlled substances-related violations or alcohol-related violations based on actions occurring during the scope and course of employmem with the City of Denton must report the arrest to the Director of Human Resources or designated representative and Department Director or designated representative as soon as possible but no later than twenty-four (24) hours. Failure to do so will result in disciplinary action, up to and including termination from employment for a first offense. V. DRUG FREE AWARENESS PROGRAM A. The Human Resources Departmem shall publish a policy statement notifying all employees that the City is committed to maimaining a drug and alcohol free work place. This policy statemem shall be given to all persons newly hired by the City during new employee orientation. The City shall establish a drug and alcohol free work place awareness program for its employees and as mandated by the Federal Department of Transportation's regulations, for employees who are required to possess and utilize a commercial driver's license to perform their jobs and for supervisors who oversee those employees. The purpose will be to make employees aware of the dangers of drug and alcohol abuse and the assistance that is available to combat these problems. This program shall include an educational component designed to inform employees of the dangers of drug and alcohol abuse in the work place. This program shall inform all employees of the City's commitmem to maimaining a drug and alcohol free work place. The program shall direct employees to seek assistance through the City's 2 HR/POLICY/108.11 PAGE 3 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: DRUG AND ALCOHOL FREE WORK PLACE REFERENCE NUMBER: 108.11 Employee Assistance Program. The program will further alert employees to the penalties for violating this policy. C. Employees must, as a condition of employment: 1. Abide by the terms of the City's "Drug and Alcohol Free Work Place" policy, attached as Appendix I; and, Notify their supervisor or Departmem Director and Director of Human Resources or designee of any criminal drug or alcohol statute conviction for a violation (or a plea of no comest) based on actions occurring during the scope and course of employment with the City of DeNon no later than five (5) days after such conviction. Notify their supervisor or Department Director and the Director of Human Resources or designee of any arrest for drug or alcohol related violations based on actions occurring during the scope and course of employment with the City of Denton as soon as possible but no later than twenty four (24) hours. A Departmem Director, upon receiving notification of an employee's conviction (or plea of guilty or no comest) or arrest of a violation, must notify the Director of Human Resources immediately. The Director of Human Resources will in turn notify the affected Department Director if he/she becomes aware of a conviction or arrest. The Director of Human Resources must ensure that the appropriate federal funding agency is notified of the conviction within ten (10) days after the City was notified of the conviction. The Omnibus Drug Initiative Act of 1988 requires the City to take appropriate disciplinary action within thirty (30) days after receiving notice of an employee's conviction (or a plea of guilty or no comest) of a violation of a criminal drug or alcohol statute based on actions occurring during the scope and course of employmem with the City of DeNon. The disciplinary action will be termination. Supervisors who suspect an employee is involved in some drug-related activity will notify their Department Director and Director of Human Resources, or designee, immediately to determine appropriate actions. All supervisory personnel shall read and be familiar with this policy, policy 108.12, and the City's Employee Assistance Program. HR/POLICY/108.11 PAGE 4 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: DRUG AND ALCOHOL FREE WORK PLACE REFERENCE NUMBER: 108.11 APPENDIX I CITY OF DENTON DRUG AND ALCOHOL FREE WORK PLACE POLICY It is the policy of the City of Denton to provide employees ~vith a ~vorking environment that is free of the problems associated ~vith the use and abuse of aleohol and controlled substances. The use of aleohol and controlled substances is inconsistent ~vith the behavior expected of employees and subjects the City to unacceptable risks of ~vork place accidents or other failures that ~vould undermine the City's ability to operate effectively and efficiently. Noncompliance ~vith the policy set forth belo~v ~vill result in disciplinary action, including termination for a first offense. The non-prescriptive use, sale, possession, distribution, dispensation, manufacture, or transfer of controlled substances on City property or other ~vork sites ~vhere employees may be assigned or else~vhere during ~vork hours is strictly prohibited. Further prohibited is the use, sale, possession, distribution, dispensation, manufacture, or transfer of controlled substances on non-~vorking time to the extent such activity impairs an employee's ability to perform his or her job, or ~vhere such use, sale, possession, distribution, manufacture, or transfer affects the reputation of the City to the general public or threatens its integrity. Persons violating the City policy ~vill be subject to disciplinary action, ~vhich may include termination for a first offense. II. Employees are prohibited from possessing, consuming or transporting any alcoholic beverages or other intoxicating substances on City property at any time ~vhen conducting City business or ~vhen performing their job duties and responsibilities (see Policy 108.12). III. Employees ~vho are convicted of controlled substances-related violations or aleohol-related violations based on actions occurring during the scope and course of employment ~vith the City of Denton under state or federal la~v or ~vho plead guilty or "no contest" to such charges ~vill be terminated. Employees must report the conviction to the Director of Human Resources or designated representative and Department Director or designated representative ~vithin five (5) business days. IV. Employees ~vho are arrested for controlled substances-related violations or aleohol-related violations based on actions occurring during the scope and course of employment ~vith the City of Denton must report the arrest to the Director of Human Resources or designated representative and Department Director or designated representative as soon as possible but no later than t~venty-four (24) hours. Failure to do so ~vill result in disciplinary action, up to and including termination from employment for a first offense. I have read and understand the foregoing policies and agree to abide by the terms and conditions set forth. Employee Name (Please Print or Type) Department/Division Employee Signature Date Controlled Substance is defined to mean those drugs listed in Schedules I through V of Section 202 of the Federal Controlled Substances Act, 21 U.S.C. § 812, and includes, but is not limited to, marijuana, cocaine (including "crack" and other cocaine derivatives), morphine, heroin, amphetamines, and barbiturates. When used in this policy, the term "drugs" means "controlled substances." The term does not include those controlled substances used pursuant to and in accordance ~vith a valid prescription (as defined in section IV of policy 108.12). Aleohol is defined as ethyl alcohol. Alcohol, as used herein, includes any beverage, mixture or preparation containing ethyl alcohol. Intoxicating Substance is defined to mean those substances that are being utilized for the intentional purpose of causing a physical or mind-altering state. HR/POLICY/108.11 4 CITY OF DENTON PAGE 1 OF ~5-17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 108.12 SUBJECT: STANDARDS OF CONDUCT FOR EMPLOYEES INITIAL EFFECTIVE DATE: I 07/15/91 TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION POLICY LAST REVISION DATE: 11/11 ..... 12/10/02 POLICY STATEMENT: The City of Demon recognizes that employee substance abuse can have a serious, adverse impact on its image as a major employer in Demon, its ability to deliver quality services to its citizens, and the general health, welfare, and safety of its employees and the public. The pervasive presence of substance abuse in our society and the adverse effect on employee health, safety and productivity in the work place requires the establishment of an Anti-substance Abuse and Rehabilitation Program. The City, in considering its daily operations of providing quality services to its citizens, recognizes its responsibility to implemem appropriate measures necessary to the safe, efficiem, and effective use of its resources, people, facilities, equipmem, and finances. It is the City's responsibility to ensure public trust and in doing so must implement comprehensive safety measures that protect the well-being of its employees and citizens. It is the policy of the City that employees are prohibited from manufacturing, using, possessing, selling, distributing, consuming or transporting any controlled substances as defined by the Federal Controlled Substances Act or the Texas Controlled Substances Act, or any alcoholic beverages or intoxicating substances on City property or at any time when conducting City business or performing their job duties and responsibilities, including during any lunch or rest breaks that may be given in which the employee is required to return to work immediately following. An employee is prohibited from performing his or her job duties while under the influence of alcohol or drugs, or if performance is impaired, while under the influence of lawfully prescribed or over-the-counter substances. An employee shall not have drugs or alcohol in his or her urine, blood stream, or breath except pursuant to a valid personal prescription. An employee shall not use or possess alcohol outside of work hours on City property where prohibited by this policy, state or local law. An employee should not use or possess alcohol or drugs during any lunch or rest breaks that may be given in which the employee is required to return to work immediately following. The employee shall not use alcohol or drugs while wearing a City of Demon uniform or any other article of clothing furnished by the City to employees with an approved City of Demon logo(s) (refer to Public Usage and Standards Policy no. 505.02) or name, irrespective of whether the employee is on duty. Page 2 of 1717~7 I POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 There is no imem to intrude upon the private lives of employees or applicants. However, the City is concerned with those job-related situations where the use of drugs or alcohol imerferes with the health and safety of employees and the public, affects the employee's work performance during work hours, adversely affects the job performance of other employees, is considered serious enough to be detrimemal to the City's conduct of business, or affects the reputation of the City to the general public or threatens its imegrity. It is the policy of the City to have zero-tolerance in the case of employees with confirmed positive tests for drugs or alcohol and to deny employment to applicants with confirmed positive tests for drugs. The City of Demon complies with all applicable regulations and drug and alcohol testing programs, including the Departmem of Transportation (DOT) and American with Disabilities Act (ADA). Unless otherwise specified, the City of Demon has adopted the drug and alcohol testing procedures and guidelines of the DOT. This policy applies to all employees, regular full-time, regular part-time, temporary and seasonal. Civil Service employees are subject to the applicable provisions of Chapter 143 of the Texas Local Governmem Code, Local Rules of the City of Demon Fire Fighters and Police Officers Civil Service Commission, and the general orders of the Police and Fire Departmems, which may include the provisions of this policy. ADMINISTRATIVE PROCEDURES: I. Definitions A. Adulterated test results occur when an agent is added to the urine sample by the donor at the time of collection in an attempt to prevent detection of drug use. B. Alcohol is defined as ethyl alcohol. Alcohol, as used herein, includes any beverage, mixture or preparation comaining ethyl alcohol. C. Alcohol testing is testing for blood alcohol comem by an imoxilizer instrumem device operated pursuant to state law. Cut-off levels are established by analytical methods in the laboratory to determine a quamitative level of a drug in the body. The specific cut-off level is a standard selected by the DOT. City property or Premises for purposes of this policy, includes ALL property, facilities, buildings, structures, parking areas and vehicles owned, operated, leased or under comrol of the City. An employee is not considered in violation of this HR/POLICY/108.12 Page 3 of 1717~7 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 policy by transporting or possessing alcoholic beverages on City streets if he or she is: 1. off duty; 2. not wearing a City of Denton uniform or any other article of clothing furnished by the City to employees with an approved City of Denton logo(s) or name; 3. not operating a City-owned, leased, or borrowed vehicle; 4. in a public access area; and 5. is in compliance with all applicable laws. Detectable levels indicates the presence of a drug or substance found in the body in amounts exceeding an established cut-off level. A detectable level of alcohol, as defined by the DOT, is .01 or greater. Drug is a controlled substance, controlled substance analogue, narcotic drug or opiate as defined in Schedules i-V of the Federal Controlled Substance Act, or the Texas Controlled Substance Act, Texas Health & Safety Code, Chapter 481, if obtained or used without a valid prescription for the user or possessor (refer to section iV of this policy). This definition includes but is not limited to marijuana, hashish, cocaine, heroin, morphine, codeine, amphetamines, barbiturates, hallucinogens, inhalants producing mood and mind-altering vapors and substances chemically similar to these drugs. Drug test is the collection of a urine specimen by trained personnel, laboratory analysis of that specimen by Enzyme immunoassay (EMIT) screening, and confirmation of drug-positive EMIT tests using gas chromatography/mass spectrometry (GC/MS) methods and procedures, or other medically acceptable technology deemed appropriate by the City of Denton. Emergency Call-Back is defined as those employees that on a continuous basis may be asked, but are not scheduled, to report to work outside of normal working hours in an emergency situation. Impaired is an employee's diminished capacity to perform duties of the job as determined by a supervisor and/or physician statement. Intoxicating substances is defined to means those substances that are being utilized for the intentional purpose of causing a physical or mind altering state. Negative Dilute test results occur when the creatinine and specific gravity levels approach "substitutear' values, which might indicate that an attempt has been made by the donor to avoid drug detection. HR/POLICY/108.12 Page 4 of 1717~7 I POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 On-Call is defined as a period of time during which an employee is advised by his/her supervisor to be accessible for return to work for operational requirements that may develop outside normally scheduled work hours. Paraphernalia is defined as equipment, a product, or material that is used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a drug or in injecting, ingesting, inhaling, or otherwise introducing into the human a body a drug. Positive Dilute test results occur when it has been determined by the laboratory through confirmation of the creatinine and specific gravity values that an attempt was made by the donor to avoid drug detection by "flushing out" the drug or by lowering the level of the drug to a concentration less than that of the testing cutoffs. P. Random testing describes the process of testing that assures that each employee has an equal chance of being tested each time covered employees are selected for testing. All test results and selected employee names are confidential, and records are maintained separate from employee personnel files. The Department of Transportation (DOT) regulates the percentage of covered employees who are to be randomly tested for drugs and alcohol per calendar year. Employees in other "safety sensitive" positions (as defined in section I-O of this policy) are tested at a minimum of the rate as employees falling under DOT. Reasonable suspicion is a suspicion based on some objective fact derived from the surrounding circumstances to lead a reasonable person to suspect that an employee may be under the influence of alcohol or prohibited substances while on duty. Safety-sensitive position is a job where an employee's use of drugs or alcohol could create a threat to safety whereby the employee's ability to perform assigned duties is impaired and the performance of those duties in such mental or physical condition creates or could create a safety hazard that has caused or could cause injury or harm to the employee or other employees or citizens or damage to property. Examples of "safety-sensitive" positions may include, but are not limited to: HR/POLICY/108.12 Page 5 of 1717~7 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 III. II. Reasons a. positions involving the use of a vehicle as a primary duty (over 50% of time) b. positions using a deadly weapon c. positions with access to controlled substances d. positions falling under the Department of Transportation rules and regulations e. fire civil service personnel f. designated personnel in water and electric utility Substituted test results occur when the creatinine concentration of the urine sample is less than or equal to 5 mg/dL and the specific gravity of the urine sample is less than or equal to 1.001 or greater than or equal to 1.020. These results suggest that the donor has altered the specimen to avoid detection of drug use. Unsuitable for testing test results occur when unidentified adulterants or endogenous products are detected in the donor's urine and interfere with any of the testing process. Zero-tolerance is defined as a positive drug or alcohol test based on cut-offlevels as determined by the DOT. for Drug and/or Alcohol testing A. Pre-Employment B. Reasonable suspicion C. Post-Accident D. Move from a "non-safety" position to any "safety-sensitive" position E. Move from a "safety-sensitive" position as defined by the City to a "safety- sensitive" position as defined by the Department of Transportation (DOT) F. Random Prohibited Items. The manufacture, use, possession, sale, distribution, consumption or transportation of any of the following substances by employees while on City property, conducting City business, or performing job duties and responsibilities is prohibited. These violations will result in notification of appropriate law enforcement personnel, reasonable suspicion drug and/or alcohol testing and will result in disciplinary action, up to and including termination. A. Drugs (as defined in section I-G of this policy) Alcoholic beverages or other intoxicating substances (as defined is sections I-B and I-K of this policy) --however, an employee may possess, consume or transport alcoholic beverages while off duty (in compliance with section I-E of this policy) HR/POLICY/108.12 Page 6 of 1717~7 I POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 IV. unless local or state law otherwise prohibits the possession or consumption of alcoholic beverages. C. Drug paraphernalia (as defined in section I-N of this policy). Prescriptions and Over-The-Counter Medications. Prescriptions and over-the-counter medications are prohibited except when all of the following conditions are met: A. The prescription drugs are prescribed by a licensed physician for the person in possession of the drugs; B. The prescription must be readily available for verification; C. The prescription has been filled by a registered/licensed pharmacist within the last twelve (12) months for the person possessing the drug or medication; D. The drugs or medications are ingested or administered only in the prescribed or recommended therapeutic dosages; and The employee taking the drug or medication has informed his or her supervisor that he or she is ta&ing a medication that could impair his or her ability to perform his or her job duties, including but not limited to the operation of motor vehicles or moving machinery or equipmem. The City at all times reserves the right to have a designated City physician determine if a prescription drug or medication produces hazardous effects and may restrict the job duties performed while using any drug or medication accordingly. V. Conferences Employees attending training and conferences may participate in social functions associated with the conference. This may include the consumption of alcohol, so long as the employee is not wearing a City of Demon uniform or any other article of clothing furnished by the City to employees with an approved City of Demon logo(s) or name and the employee's conduct does not reflect adversely upon the City. Employees who consume alcohol at these functions shall follow the law and exercise caution in driving personal vehicles and shall not operate a City-owned, City-leased, or City-reined vehicle. VI. Emergency Call-Back Employees subject to cominuous emergency call-back are required to declare to their supervisors the use of alcohol or drugs including prescribed medication that might HR/POLICY/108.12 Page 7 of 1717~7 I POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 VII. VIII. affect their ability to perform under an emergency. The supervisor shall determine if the employee is fit to work and in what capacity. On Carl Because employees with on call status are potemially required to be actively working, an "on call" employee is prohibited from consuming alcoholic beverages or using drugs which may impair his or her performance. If an employee is taking prescription medication that may impair his or her performance when called back to work, he or she should notify his or her supervisor. The supervisor shall determine if the employee is fit to work and in what capacity. Use of Substances Outside of Work Hours An employee shall not use or possess drugs or alcohol outside of work hours on City property as defined by section I-E, including during any lunch or rest breaks that may be given in which the employee is required to return to work immediately following. An employee shall not use alcohol or drugs before or after work hours while wearing a City of Demon uniform or any other article of clothing furnished by the City to employees with an approved City of Demon logo(s) or name. IX. Notice of Testing Policy The Human Resources Departmem shall provide informed and/or written notice of its drug and alcohol testing policy to all applicants and employees. The notice shall comain the following information: 1. the need for drug and alcohol testing; 2. the circumstances under which testing may be required; 3. the procedure for confirming an initial positive drug and/or alcohol test result; 4. the consequences of a confirmed positive test result; 5. the consequences of refusing to undergo a drug and/or alcohol test; 6. the appeal procedures available for a positive test result; and 7. the availability of drug abuse counseling and referral services. Applicants will be notified of the City's policy to conduct drug testing as part of the employment process. When an applicant reports to a testing site for testing, he or she shall first present a valid picture identification, such as issued by the Department of Public Safety or a passport, and one other form of identification to the tester. X. Consent HR/POLICY/108.12 Page 8 of 1717~7 I POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 Before a drug or alcohol test is administered, the employee or job applicam will be required to sign a consent form authorizing the test and permitting release of test results to those City officials with a need to know, except those exempt pursuant to DOT regulations. The consent form shall provide space for employees and applicants to acknowledge that they have been notified of the City's drug testing policy. By continuing employment with the City of Denton, employees have consented to the adoption of this policy and testing program. A. Refusal to Test 1. Applicams: A job applicam who refuses to consem to a drug test will be denied employmem with the City. 2. Employees: An employee who refuses to take a drug and/or alcohol test will be subject to termination. The consent form shall not be altered or changed by the applicant or employee. Altering or refusing to sign the consent form shall be considered a refusal to consent to the drug and/or alcohol test. B. Complaims or Grievances Any complaints or grievances about the testing procedure are to be made by the employee through his/her normal chain of command pursuam to the City of Demon Problem Solving Policy 115.02. Those conducting the testing shall not be harassed or abused either verbally or physically during any drug or alcohol testing procedure. Any conduct that is perceived by the testing personnel as harassing or verbally or physically abusing will be deemed as failing to cooperate fully with the collection of breath and urine samples and shall be considered as insubordination and thus subject to disciplinary action up to and including termination. C. Right to Request Additional Test Prior to testing of the sample, an employee or applicant may request to give a second sample of urine at the same time and at the same collection site as the first sample, and have the sample analyzed at the same or differem laboratory under the following conditions: a. The laboratory conducting the test must be approved by the City of Demon and follow the external chain-of-custody procedures as required by this policy, and be certified as set forth by this policy. b. All costs for a second collection and second analysis must be paid by the applicant or employee. HR/POLICY/108.12 Page 9 of 1717~7 I POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 XI. Types of Testing A. Pre-Employment (Job Applicant Testing) Upon a conditional offer of employment, all applicants are required to pass a drug screen prior to his or her final appointment. An applicant will be notified of drug testing at the time of application and will be allowed the opportunity to withdraw his or her application anytime upon request. B. Reasonable Suspicion The decision to conduct reasonable suspicion drug and/or alcohol test will be determined on a case-by-case basis. 1. Criteria which may be used by appropriately trained management and supervisory personnel to determine if a test for an employee is necessary include but are not limited to the following: a. Observed alcohol or drug use during working hours b. Apparent physical state of intoxication or drug induced impairment of motor function c. Incoherent or irrational mental state d. Marked changes in personal behavior or attitude not attributable to other factors e. Deteriorating work performance, attendance or tardiness problems not attributable to other factors Information received from appropriately trained sources in determining reasonable suspicion that indicates the employee has been involved in alcohol or drug use Other employee actions or conduct that leads to a suspicion of drug or alcohol use such as presence of physical symptoms that may include glassy or blood-shot eyes, alcohol beverage odor on breath, slurred speech, poor coordination or reflexes, unsteady gait, mood changes (including inappropriate gaiety or lethargic behavior), unpredictable responses to ordinary requests, etc. which leads managers and supervisors HR/POLICY/108.12 Page 10 of 171717 I POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 to believe that the employee is under the influence of alcohol or drugs, suffers from substance abuse or is in violation of City or departmemal rules, regulations, or procedures concerning the use of such substances. h. Any violation of the City of DeMon's Drug Free Work Place Policy (108.11) 2. Supervisory Procedures in the Even of Reasonable Suspicion An appropriately trained supervisor may require an employee to undergo drug and/or alcohol testing if the supervisor has reasonable suspicion that the employee is under the influence of drugs and/or alcohol during work hours as described above (in compliance with section XVI of this policy). Supervisors are required to complete an "Observation Checklist" (attachmem A) to list the symptoms or observations which formed the basis for their determination that reasonable suspicion existed to warrant the testing of an employee. This documentation shall be forwarded to the Human Resources Department. The facts underlying the determination of reasonable suspicion should be disclosed to the employee at the time of request. If an employee refuses to consem to a reasonable suspicion test, he/she should be escorted to the Human Resources department if during normal work hours. If after normal work hours, he/she should be escorted home and placed on administrative leave with pay umil comacted by his or her supervisor. Once reasonable suspicion has been established by the supervisor with consultation by the Human Resources Department, an employee must submit to an alcohol and/or drug screen immediately upon request. The employee's supervisor shall give the employee a direct order, as a condition of employmem, to submit to an alcohol and/or drug screening with the warning that refusal to comply will result in termination. The employee shall be further instructed to cooperate throughout the alcohol and/or drug screening procedure, including following all directions received from trained personnel at the alcohol and drug screening collection site. The employee, in no case, shall be permitted to continue working or remain unattended while screening approval or arrangements are being effected. The employee will be placed on administrative leave with pay pending results of the test. HR/POLICY/108.12 Page 11 of 171717 I POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 The department supervisor shall immediately, if during normal weekday office hours (7:00 a.m. to 5:00 p.m., Monday through Friday), notify the Director of Human Resources or designated representative in the Human Resources Department to arrange for the appropriate alcohol and/or drug screening. If the necessity to arrange for an alcohol and drug screening occurs outside these business hours, the supervisor must escort the employee to the designated drug screening collection site. The employee shall always be escorted to the alcohol and/or drug screening collection site by appropriate supervisory personnel or other departmental authority. The employee shall never be permitted to operate a motor vehicle. Supervisory personnel or appropriate medical personnel shall remain with the employee at all times and shall take the necessary actions to prevent the employee's alteration or falsification of the alcohol and drug screen procedure. An appropriate chain-of-custody procedure will be followed at the collection site to ensure the accuracy and integrity of the testing procedure and test results. Post Accident Vehicular Accidents (includes City vehicles, leased vehicles, personal vehicles, rental vehicles, or borrowed vehicles if being operated to conduct City business): An employee should ALWAYS be tested for DRUGS if any one or more of the following conditions apply: a. there has been a death to a citizen or another employee during work hours b. there has been an injury to an employee or citizen during work hours that requires immediate treatment at a doctor's office or hospital c. there has been more than $1000 total damage to City and/or citizen property during work hours d. them has been a motor vehicle accident on a public street during work hours and the police officer issues a citation to the employee 2. An employee should ALWAYS be tested for ALCOHOL if any one or more of the following conditions apply: HR/POLICY/108.12 Page 12 of 171717 I POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 there is reasonable suspicion as determined by an appropriately trained supervisor an employee has a commercial driver's license and is required to use the license to perform his/her job duties and has an accident while using his/her commercial driver's license that involves one or more of the following: i. a human fatality, ii. a bodily injury which requires immediate medical treatment away from the scene AND a citation is issued to the employee (a DOT test is not required if a citation is not issued) iii. there has been disabling damage to any motor vehicle requiring tow away AND a citation is issued to the employee (a DOT test is not required if a citation is not issued). A drug test must be conducted along with ANY post-accident alcohol test. Under no circumstances should a post-accident test be waived if an, v of the above criteria are met. If required, an alcohol test should be conducted immediately (if there are no incapacitating injuries). If an alcohol test is not conducted within two (2) hours after the accident, a memo should be written as to why an alcohol test was not conducted within that time frame. This memo should be forwarded to the Human Resources department to be filed. All attempts to test should cease if it has been longer than eight (8) hours. A drug test should be conducted immediately (if there are no incapacitating injuries). If a drug test is not conducted within two (2) hours, a memo should be written as to why a drug test was not conducted within that time frame. This memo should be forwarded to the Human Resources Department to be filed. All attempts to test should cease if it has been longer than thirty-two (32) hours. It is the employee's responsibility to contact his or her supervisor immediately, unless incapacitated, after an accident has occurred so that appropriate action can be taken. Failure to report an accident will result in disciplinary action. HR/POLICY/108.12 Page 13 of 171717 I POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 Employees who are tested as a result of an accident may return to work and assigned duties of a "non-safety" sensitive nature until the results of the test are confirmed negative. Once the results are confirmed negative, the employee may be reassigned "safety-sensitive" duties. In the event of a post-accident or reasonable suspicion drug and/or alcohol test, the employee shall not be permitted to operate a motor vehicle or any equipment that could present a danger to the health, safety, or welfare of the public, co-workers, or the employee until results are confirmed negative. Personal Injuries: If at the time of injury, it is determined by the employee, supervisor, and/or other trained professional that medical treatment at a doctor's office or hospital will be required, a post-accident drug and/or alcohol screen should be conducted. A drug test should be conducted immediately; however, if the need for medical treatment is not determined within two (2) hours of the supervisor being notified of the injury, any attempt to test should cease. An alcohol screen should only be conducted if there is reasonable suspicion that the employee is under the influence of alcohol. It is the employee's responsibility to contact his or her supervisor immediately, unless incapacitated, after an injury has occurred so that appropriate action can be taken. Failure to report an injury will result in disciplinary action. The Director of Human Resources or designated representative of the Human Resources Department shall be responsible for notifying the Department Director or designee of the alcohol and/or drug screening results as soon as this information is available. When requested, copies of the laboratory report reflecting the alcohol and drug screening results shall be transmitted to the aforementioned officials when the report is available. D. Employees Transferring to Other Jobs within the City Any employee moving from a "non-safety" sensitive position to a "safety- sensitive" position or moving from a "safety-sensitive" position (as defined by the City) to a DOT "safety-sensitive" position (as defined by the Department of Transportation) will be required to pass a drug screen as a condition of final appointment. HR/POLICY/108.12 Page 14 of 171717 I POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 Questions concerning whether a specific position is deemed safety-sensitive should be addressed to the Human Resources Department. E. Random testing 1. Federally Regulated Random testing In response to the DOT 49 CFR regulations, employees who are in positions that require the use of a commercial driver's license (CDL) are subject to random drug and alcohol testing according to federal regulations and guidelines. 2. Random testing per City of Denton Policy Employees in positions which are considered safety-sensitive positions (as defined by section I-O of this policy) are subject to random drug and alcohol testing. Questions concerning whether a specific position is deemed safety sensitive should be addressed to the Human Resources Department. XII. Confirmation of Test Results If the initial alcohol or drug screen is positive, a second test of the same sample will be performed to confirm results. An employee or applicant who does not pass the drug test may request a retest of the original sample within three (3) business days of his or her receipt of the drug test results. The employee or applicant may request retesting by the same laboratory or by a second laboratory that is certified to perform drug tests by the SAMHSA (Substance Abuse and Mental Health Services Administration. The originating laboratory must follow the external chain-of-custody procedure outlined in the SAMHSA mandatory guidelines for federal workplace drug testing programs when transferring the sample. If the two tests have conflicting results, a third test will be run at a different approved lab and funded by the City. The result of the third test will be binding. Any employee requesting a retest of the original sample will be required to use any accrued vacation or compensatory time (for non-exempt employees) pending the results of the test. If no time is accrued, the employee will be placed on administrative leave without pay. If the final test is confirmed negative, the employee will be reimbursed for the time placed on administrative leave. B. Procedures for Dilute, Unsuitable, Substituted, or Adulterated Drug test Results 1. If the initial drug screen is reported as a negative dilute, the applicant or employee must provide a new sample as soon as possible. HR/POLICY/108.12 Page 15 of 171717 I POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 2. If the initial drug screen is reported as apositive dilute, this will be considered a refusal to test (as defined in section X-A). 3. If the initial drug screen is reported as unsuitable or rejectedJbr testing, the employee or applicant must provide a new sample under direct observation as soon as possible. 4. If the initial drug screen is reported as substituted or adulterated, this will be considered a refusal to test (as defined in section X-A). C. Consequences of a Confirmed Positive Test Result Applicants: A job applicant will be denied employment with the City if his or her initial positive test results have been confirmed. Applicants who are denied employment due to a positive drug test result must wait one year before applying for another position with the City. Employees: If an employee's positive test result has been confirmed, the employee will be terminated. If an employee is terminated because of a positive test result, he/she must wait two years before applying for another position with the City. Detectable levels and Confirmed Positive Results of Alcohol: a. If an employee's confirmed test result is between .001 and .019, he/she will be removed immediately from his/her safety-sensitive position until there is no detectable level of alcohol in his/her system and will be subject to discipline, up to and including termination. b. If an employee's confirmed test result is between .02 and .039, he/she will be removed immediately from his/her safety-sensitive position for a minimum of twenty-four (24) hours and be subject to discipline, up to and including termination. c. If an employee's confirmed test result is .04 or greater, he/she will be terminated. HR/POLICY/108.12 Page 16 of 171717 I POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 XIII. EAP Self-Referral Except for sworn Police Officers, Public Safety Dispatchers, Civilian Jailers, and School Crossing Guard employees in the Police Department, disciplinary action may not be taken against employees who voluntarily identify themselves as having a drug or alcohol problem and obtain counseling and rehabilitation through the City's Employee Assistance Program. However, employees are responsible for violation of policies and procedures and for performing job duties and responsibilities at an acceptable level. Disciplinary action may be imposed for an employee who violates policies and procedures or fails to properly perform job duties and responsibilities. An employee may not make a self-referral in order to avoid a potential drug or alcohol test or disciplinary action. An employee may only self-refer once. Employees will be required to enter into an agreement with the City, which will include participation in a follow-up testing program. Confidentiality of Test Results All information from an employee's or applicant's drug and alcohol screen shall be disclosed only to those with a need to know of test results, including the City Manager, City Attorney, Human Resource Director or Designated Employer Representative, Administrator of Occupation Health Services and Department Head and/or Supervisor. The City and its agents may communicate test results among themselves for official purposes both orally and in writing, and at a judicial or administrative proceeding, including applicable state or federal agencies. Disclosure of test results to any other person, agency, or organization is prohibited to persons not eligible to receive the test results under any applicable law. The results ora positive drug test shall not be released until the results are confirmed. XV. Laboratory Testing Requirements All drug and alcohol testing of employees and applicants shall be conducted at facilities or laboratories selected by the City. To be considered as a testing site, a facility or laboratory must submit in writing a description of the procedures that will be used to maintain test samples. Factors to be considered by the City in selecting a testing facility include: A. Testing procedures that ensure privacy to employees and applicants consistent with the prevention of tampering; B. Methods of analysis which ensure reliable test results, including the use of gas chromatography/mass spectrometry to confirm positive test results; C. Chain-of-custody procedures which ensure proper identification, labeling, and handling of test samples; and HR/POLICY/108.12 Page 17 of 171717 I POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 XVII. D. Retention and storage procedures that ensure reliable results of confirmatory tests of original samples. Education and Training The City shall train supervisory personnel on the physical, behavioral, and performance indicators of probable drug use and alcohol misuse. The City shall also train employees covered under the DOT on the effects and consequences of prohibited drug use on personal health, safety, and the work environmem, and on the signs and symptoms that may indicate prohibited drug use. Employmem At-Will Like all other City of Demon policies, this policy does not alter the employmem at-will relationship. This provision shall not be construed as creating contractual rights or as establishing a "just cause" disciplinary or termination standard. HR/POLICY/108.12 '12/'10~02 #4H S:\Our Docmments~Agenda lnfb Sheet canceling meeting, doc AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET December 10, 2002 Legal Department Herbert Prouty, City Attorney SUBJECT: A resolution of the City of Demon, Texas, postponing the regular City Council meeting of December 3, 2002 to December 10, 2002 to allow Council Members and City staff to attend the National League of Cities Conference; canceling the regular Council meeting scheduled for December 17, 2002, to allow Council Members and City staff to travel to New Orleans to support the UNT Sun Belt Conference Championship Football Team which will play in the New Orleans Bowl; providing retroactive effect; and declaring an effective date. BACKGROUND: On Saturday, November 16th, the UNT Mean Green Football Team clenched their second consecutive Sun Belt title by beating New Mexico State 3827 at Fouts Field. This earned the Mean Green the right to play an unnamed opponent at the New Orleans Bowl in New Orleans on December 17th of this year. Several members of the City Council and the City staff desire to travel to New Orleans to attend the game and to support the UNT Mean Green Football Team. But the City Council has a regularly scheduled meeting on the Decenber 17th. The City Council and several members of the City staff also want to attend the National League of Cities Conference in Salt Lake City which begins on December 3, 2002 another regular meeting date. The Section 4.1 of the City Council Rules of Procedure requires the City Council to meet on the first and third Tuesday of each month unless the meeting is postponed or canceled for valid reasons. This Resolution, in accordance with your Rules, cancels the December i~P regular meeting to allow members of the City Council and the City staff to attend this important game and to support the Mean Green. The Resolution also postpones the regular Council meeting of December 3 to December 10, 2002, to allow Council and City staff members to attend the National League of Cities Convemion. The Resolution also finds that there are valid reasons for canceling the December 17th regular meeting and postponing the December jd meeting. The City Manager and his staff have made arrangements to move most of the itens that were scheduled for your December 3~d and December 17th meeting to the December 11Jh meeting. OPTIONS: 1) 2) The City Council can pass the Resolution to postpone the December 3, 2002 meeting and cancel December 17, 2002 meeting. The City Council can refuse to pass the Resolution and hold the December 3 and December 17, 2002 meeting. RECOMMENDATION: Staff recommends that you choose Option 1 and pass the Resolution FISCAL IMPACT: There will be no fiscal impact as a result of this action. Respectfully submitted, Herbert L. Prouty City Attorney S:\Our Docmments~esolurions\02\canceling cc meeting, doc RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, POSTPONING THE REGULAR CITY COUNCIL MEETING OF DECEMBER 3, 2002 TO DECEMBER 10, 2002 TO ALLOW COUNCIL MEMBERS AND CITY STAFF TO ATTEND THE NATIONAL LEAGUE OF CITIES CONFERENCE; CANCELING THE REGULAR COUNCIL MEETING SCHEDULED FOR DECEMBER 17, 2002, TO ALLOW COUNCIL MEMBERS AND CITY STAFF TO TRAVEL TO NEW ORLEANS TO SUPPORT THE UNT SUN BELT CONFERENCE CHAMPIONSHIP FOOTBALL TEAM WHICH WILL PLAY IN THE NEW ORLEANS BOWL; PROViDiNG RETROACTIVE EFFECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 4.1 of the City Council Rules of Procedure requires the City Council to meet on the first and third Tuesday of each month unless the meeting is postponed or canceled for valid reasons; and WHEREAS, several members of the City Council and City staff wish to attend the National League of Cities Convention which begins on December 3, 2002; and WHEREAS, UNT's Football Team's victory over New Mexico State on November 16, 2002, clenched their second consecutive Sun Belt Conference title and UNT has accepted a bid to play at the New Orleans Bowl on December 17, 2002; and WHEREAS, several members of the City Council and the City staff desire to travel to New Orleans to attend the New Orleans Bowl and support the UNT Football Team; and WHEREAS, for the above reasons, the City Council deems it in the public interest to postpone the regular Council meeting of December 3, 2002 to December 10, 2002 and to cancel the regular scheduled meeting of Decanber 17, 2002; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The regularly scheduled meeting of December 3, 2002 is postponed to December 10, 2002 to in order to allow members of the City Council and City staff totravel and take part in the National League of Cities Conference. SECTION 2. The regularly scheduled City Council meeting of December 17, 2002 is hereby canceled to allow members of the City Council and City staff to attend the New Orleans Bowl to support the UNT Football Team. SECTION 3. The City Council finds that these are valid reasons for postponing the regular meeting of December 3, 2002, and canceling the December 17, 2002 meeting and declares that this Resolution shall have retroactive eftSct. S:\Our Docmments~esolurions\02\canceling cc meeting, doc SECTION 4. That this Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MATOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 12/10/02 #41 AGENDA DATE: DEPARTMENT: CITY ATTORNEY: AGENDA INFORMATION SHEET December 10, 2002 Legal Department Herbert L. Prouty, City Attorney SUBJECT. - Adding Support for Regional Transportation Authorities and funding for Regional Transportation Authorities to the City of Denton's 2003 State Legislative Program. BACKGROUND. - Mobility throughout the North Texas area is a key element of a continued positive quality of life and economic viability. To maintain mobility, enhance the quality of life for citizens, promote economic development, and address issues associated with reducing roadway congestion and achieving federal air quality mandates, a Regional Transportation Authority must be created. State legislation and funding are necessary to create a Regiontt Transportation Authority. The attached resolution adds support for this legislative issue to the City of Denton's 2003 State Legislative Program. OPTIONS. - The City Council may adopt the resolution and add support for Regional Transportation Authorities and funding for Regional Transportation Authorities to the City of Denton's 2003 State Legislative Program or direct staff to make changes to the resolution for Regional Transportation Authorities and then adopt the legislative program as amended. Respectfully submitted, Herbert L. Prouty City Attorney S:\Onr DocmmentskLegislarion\02 Srare~genda infbrmarion Regional Transportation Authority.doc S 5Our Documents~Resolutions\02~Regional Transit Authority. doc RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, ADDING SUPPORT FOR REGIONAL TRANSPORTATION AUTHORITIES AND FOR FUNDING FOR REGIONAL TRANSPORTATION AUTHORITIES TO THE CITY OF DENTON'S LEGISLATIVE PRIORITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, mobility throughout the North Texas area is a key elemem of a cominued positive quality of life and economic viability; and WHEREAS, the City of DeNon finds that to maimain mobility, enhance the quality of life for citizens, promote economic developmem, and address issues associated with reducing roadway congestion and achieving federal air quality mandates, a Regional Transportation Authority must be created; and WHEREAS, legislation and funding are necessary to create a Regional Transportation Authority; and WHEREAS, the City of Denton desires to urge the State Legislature to provide legislation and policy changes to create a Regional Transportation Authority with funding for Regional Transportation Authorities in the form of either raising the existing cap on sales tax or allowing the cap to be raised on a local option basis, boosting the gasoline tax, by adding 5 to 10 cents a gallon to the existing 20 cents taken by the state and the 18.3 cents taken by the federal govemmem, and providing state funds to the Texas Mobility Fund to provide for revenue bonds to be used for Regional Transportation Authorities and for any other funding for Regional Transportation Authorities; and WHEREAS, the City of Denton desires to add support for Regional Transportation Authorities and for funding for Regional Transportation Authorities to the City of Denton's Legislative; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The City of Denton urges the State Legislature to provide legislation and policy changes to create a Regional Transportation Authority with funding for Regional Transportation Authorities in the form of either raising the existing cap on sales tax or allowing the cap to be raised on a local option basis, boosting the gasoline tax, by adding 5 to 10 ceres a gallon to the existing 20 cents taken by the state and the 18.3 cents taken by the federal govemmem, and providing state funds to the Texas Mobility Fund to provide for revenue bonds to be used for Regional Transportation Authorities and for any other funding for Regional Transportation Authorities. Page 1 S 5Our Documents~Resolutions\02~Regional Transit Authority. doc SECTION 2. That support for Regional Transportation Authorities and for funding for Regional Transportation Authorities be added to the City of Denton's 2003 State Legislative Program for the City of Demon. SECTION 3. This resolmion shall take effect immediately from and after its passage in accordance with the provisions of the Charter and the City of Demon and it is accordingly so resolved. PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 12/10~02 #4J AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET December 10, 2002 Materials Management Questions concerning this acquisition may be directed to Vance Kemler 349-8444 Kathy DuBose, Fiscal and Municipal Services~i~ SUBJECT Consider adoption of an Ordinance of the City of DeNon, Texas accepting competitive sealed best value bids and awarding the best value bidder with orders for Solid Waste Departmem purchases consisting of certain sized refuse carts and recycling carts; providing for the expenditure of funds therefore; and providing an effective date (RFP No. 2908-Solid Waste Refuse and Recycling Carts awarded to Cascade Engineering, inc. for the purchase of 35-Gallon Recycling Carts and Rehrig Pacific Company for the purchase of 60-Gallon Recycling Carts and 35, 60 and 90-Gallon Refuse Carts in the estimated amoum of $177,000). BID INFORMATION The City of DeNon initiated curbside recycling on November 4, 2002. A choice of container types and sizes are available to our customers (35 and 60-gallon carts, or 18-gallon bins). Approximately 22,000 recycling comainers were placed in service. The city is also curremly providing automated residential refuse cart collection service to several residential areas which include the following locations: 1. Robson Ranch 2. Lakewood Estate Mobile Home Park 3. Denton West Mobile Home Park 4. North Locust 5. Northpoime 6. TheVintage 7. Windriver 8. Rural areas around the perimeter of the City Now, the residential refuse cart service is expanding with the customer growth averaging approximately 100 new residences per momh. These new residences will require recycling carts (a few may request bins), and many will need refuse carts. Therefore, currem comainer inventory levels necessitate that additional containers be ordered. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMISSIONS) A bid evaluation committee consisting of Vance Kemler, Director of Solid Waste, Scott Lebsack, Assistant Director of Solid Waste, Shirlene Sitton, Recycling Manager, Karen Smith, Senior Buyer, and Bob Murray, Residemial Solid Waste Manager, reviewed the bids that were submitted. Bids were submitted by the following companies: Cascade Engineering, inc., Agenda Information Sheet December 10, 2002 Page 2 PRIOR ACTION/REVIEW(CONTINUED) Otto Industries, Rehrig Pacific Company, and Toter inc (alternate bid). The bid evaluation committee used the following criteria to rank the bids and provide the recommendation listed in the next section: 1. Cost 2. Bid Specification Compliance 3. Cart Capacity 4. Company Performance and Experience 5. Delivery 6. Cart Durability and Appearance The Public Utilities Board at their meeting of November 18, 2002 unanimously approved (6-0) Best Value Bid #2908, Refuse and Recycling Carts, be awarded to Cascade Engineering, inc. for the purchase of 35-Gallon Recycling Carts and Rehrig Pacific Company for the purchase of 60- Gallon Recycling Carts and 35, 60 and 90-Gallon Refuse Carts. RECOMMENDATION The Public Utilities Board and Bid Evaluation Committee recommend the award of Solid Waste Refuse and Recycling Carts be awarded to Cascade Engineering, inc. for the purchase of 35- Gallon Recycling Carts and Rehrig- Pacific Company for the purchase of 60-Gallon Recycling Carts and 35, 60, and 90-Gallon Refuse Carts in the estimated amount of $177,000. Cascade Engineering Evaluation Detail: One of the bid specification requirements for the 35-gallon recycling carts was for the lid to be provided with graphic "in-molding". Cascade Engineering was the only company that met this specification. The recommendation was made to purchase 35-gallon recycling carts from Cascade Engineering based on the following criteria: 1. Cascade carts meet bid specifications, including in-molded graphics on the cart lid. 2. Cascade performance and experience. 3. Cascade meets the delivery schedule. 4. Cascade provides a ten year product warranty. Rehrig-Pacific Company Evaluation Detail: Rehrig-Pacific Company was recommended to provide the remaining four cart sizes and colors. Evaluation criteria considered in recommending Rehrig-Pacific were: Agenda Information Sheet December 10, 2002 Page 3 PRIOR ACTION/REVIEW (CONTINUED) 1. Rehrig-Pacific carts meet bid specifications. 2. Rehrig-Pacific cart has a higher plastic content; i.e. heavier cart with thicker bottom. 3. Rehrig-Pacific cart ranked highest in stability tests. 4. Rehrig-Pacific performance and experience. 5. Rehrig-Pacific meets the delivery schedule. 6. Rehrig-Pacific provides a ten year product warranty. PRINCIPAL PLACE OF BUSINESS Cascade Engineering, Inc. Grand Rapids, Michigan Rehrig Pacific Dallas, Texas ESTIMATED SCHEDULE OF PROJECT The carts can be ordered for delivery in mid February 2003. FISCAL INFORMATION Funding for the carts will be provided from Solid Waste Capital Account 66002400 1355.30100. Attachment 1: Bid Tabulation 1-AlS-Bid 2908 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Z ._1 U.I U.I U.I f-q ,.-I ILl ORDINANCE NO. 2002- AN ORDINANCE OF THE CITY OF DENTON, TEXAS ACCEPTING COMPETITIVE SEALED BEST VALUE BIDS AND AWARDING THE BEST VALUE BIDDERS WITH ORDERS FOR SOLID WASTE DEPARTMENT PURCHASES CONSISTING OF CERTAIN SIZED REFUSE CARTS AND RECYCLING CARTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP NO. 2908-SOLID WASTE DEPARTMENT PURCHASES-REFUSE CARTS AND RECYCLING CARTS). WHEREAS, the City has heretofore solicited, received, and tabulated competitive best value bids, for the purchase of necessary solid waste equipment in accordance with the procedures of State law and the City of Denton, Texas ordinances; and WHEREAS, the City Manager, or designated employees of the City with authority, in the form of a five-person bid evaluation committee, have reviewed and recommended that the herein described bids are the best value bids for the equipment shown in the "Bid Proposals" submitted therefore, based upon the evaluation criteria set forth in the requests for bids; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the solid waste equipment, in the form of refuse carts and recycling carts of certain different sizes, approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the findings and conclusions set forth in the preamble of this ordinance are incorporated within the body of the ordinance, and are true and correct. SECTION 2. That the options in the following numbered bids for equipment shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the best value bid for each size of the five (5) items: RFP NUMBER DESCRIPTION VENDOR AMOUNT 2908 35 gallon recycling carts Cascade Engineering $37.90 each 2908 35 gallon refuse carts Rehrig-Pacific Company $31.00 each 2908 60 gallon recycling carts Rehrig-Pacific Company $36.25 each 2908 60 gallon refuse carts Rehrig-Pacific Company $36.25 each 2908 90 gallon refuse carts Rehrig-Pacific Company $38.80 each SECTION 3. That by the acceptance and approval of the above items of the submitted bids, the City accepts the offers of the persons submitting the bids for such items and agrees to purchase the equipment in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 4. That the City Manager is hereby authorized to execute any and all necessary written contracts for the performance of the services in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with and relating to the items specified in Section 2 hereof, which written contracts shall be attached hereto; provided that the written contracts are in accordance with the above Request to Submit Bids, Bid Proposals, and those documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 5. That by acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefore in the amount and in accordance with the approved bids or pursuant to written contracts made pursuant thereto as authorized herein. SECTION 6. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: S:\Our Documents\Ordinances\02\Bid No. 2908-SW Equipment-Refuse and Recycling Carts Ord.doc '12/'10~02 #4K AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET December 10, 2002 Materials Management Questions concerning this acquisition may be directed to Charles Fiedler 349-8948 Kathy DuBose, Fiscal and Municipal Services~i~ SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for the construction of the Middle Pecan Inflow and Infiltration Rehabilitation; providing for the expenditure of funds therefore; and providing an effective date (Bid 2906- Middle Pecan Creek inflow and infiltration Rehabilitation awarded to Texas Electric Utility Construction, inc. for the total base bid plus all alternates in the amount of $1,481,770.96). BID INFORMATION The Middle Pecan Inflow and Infiltration project consists mainly of open cut and pipe enlargement rehabilitation of approximately 24,667 linear feet of sanitary sewer lines ranging in diameter from 6-inches to 12-inches. These sewer lines were identified for rehabilitation in a study of the system mandated by the current USEPA Administrative Order. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board will consider this item on December 9, 2002. RECOMMENDATION We recommend that Bid 2906-Middle Pecan Creek Inflow and Infiltration Rehabilitation be awarded to Texas Electric Utility Construction, Inc. for the base bid plus all alternates in the amount of $1,481,770.96. PRINCIPAL PLACE OF BUSINESS Texas Electric Utility Construction, Inc. Sherman, TX STAFF COST ESTIMATE The engineer's estimate for this project was $1,500,000 for the base bid and $2,000,000 for the base bid plus all alternates. Texas Electric Utility Construction, inc.'s base bid plus all alternates was $1,481,770.96, which is $18,229.04 less than the estimate. The other two bids received were substantially higher ranging from $2,487,452 to $3,435,311.85 Agenda Information Sheet December 10, 2002 Page 2 ESTIMATED SCHEDULE OF PROJECT The project is scheduled to begin January 2003 with an estimated completion date of July 2003. FISCAL INFORMATION Funding for this project will come from Water/Wastewater account 66002400.1350.30100. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Bid Tabulation sheet 1-AlS-Bid 2906 Z © ._1 LI_ f'q "~ LLI ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE MIDDLE PECAN INFLOW AND INFILTRATION REHABILITATION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2906-MIDDLE PECAN INFLOW AND INFILTRATION REHABILITATION AWARDED TO TEXAS ELECTRIC UTiLiTY CONSTRUCTION, iNC. iN THE AMOUNT OF $1,481,770.96). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid invitations," "Bid Proposals," or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 2906 Texas Electric Utility Construction, Inc. $1,481,770.96 SECTION 2. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. That this ordinance shall become effective immediately upon its 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: HERBERT L. PROUTY, CITY ATTORNEY BY: 12/10/02 #4L AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET December 10, 2002 Materials Management Questions concerning this acquisition may be directed to Carla Romine 349-8344 Kathy DuBose, Fiscal and Municipal Services~i~ SUBJECT Consider adoption of an Ordinance accepting sealed proposals and awarding a comract for Employee Assistance Program (EAP) services for the City of DeNon; providing for the expenditure of funds therefore; and providing an effective date (RFSP 2887-Employee Assistance Program awarded to Workers Assistance Program, Inc. in the amount of $1.16 per employee for an annual estimated amoum of $18,096). RFSP INFORMATION This Request For Sealed Proposals (RFSP) is for comract services to provide employees of the City of Denton, their dependents, and retirees with the benefits set forth in the City of Denton Employee Assistance Program. The program includes: · Telephone Resource Cemer for counseling · Assistance Centers in Denton · Formal management referral to allow positive interactions by supervisors with employees · Critical incident debriefing when serious accidents or traumatic events occur · AEP Program and Wellness Program promotion through printed brochures, on site training seminars and workshops · Account management and confidential management reports · Assessment testing of clients at all levels · Limited financial planning · Limited legal consultation and referral · Free ride program for cliems impaired by alcohol or drugs · Teen help line · Pre-retirement counseling · Any other component of the City of Denton's Employee Assistance Program Agenda Information Sheet December 10, 2002 Page 2 RECOMMENDATION We recommend award of this contract to Workers Assistance Program, Inc. (WAP) in the amount of $1.16 per employee. Based upon 1300 employees, the cost would be $1,508 per month or $18,096 per year. The estimated three-year total would be $54,288. The selection of WAP over the lower priced offering is based upon additional services provided to the employees. PRINCIPAL PLACE OF BUSINESS Workers Assistance Program, Inc. Austin, Texas ESTIMATED SCHEDULE OF PROJECT The effective date of this contract will be January 1, 2003 and extend through December 31, 2006, with two additional one-year terms upon written agreement by both parties. FISCAL INFORMATION Funding for this program is available from Risk Management account 860002.7770. Attachment 1: Proposal Comparison 1-AIS-RFSP 2887 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1 RFSP 2887- Employee Assistance Program Evaluation Comparison Criteria Value 1. Cost 50% 2. Plan Design 15% 3. Administrative 15% Responsibilities 4. Employee Access 10% Response Time 5. Complaint Reconciliation 5% 6.References 5% Workers Assistance Program Inc. Austin, TX $1.16 per employee 1-6 visits per incident/year; 10 hours of in house training per year. Equal reporting capabilities and proposal compliance 6 locations in Denton; 1 in Flower Mound 2 in Decatur Total of 20 counselors 2 counselors on CIGNA Complaints to be addressed within 24 hours Contacted 3 of the 5 required. All satisfied; Also they are the City's current provider. Deer Oaks EAP San Antonio, TX $1.09 per employee 8 visits per year Up to 6 hours of training per year. Equal reporting capabilities and proposal compliance 4 locations in Denton No confirmed time schedule supplied. Contacted 4; 3 responded; 2 were satisfied and 1 was new and still working through transitional issues. ORDINANCE NO. AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A CONTRACT EMPLOYEE ASSISTANCE PROGRAM (EAP) SERVICES FOR THE CiTY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE AND PROVIDING AN EFFECTIVE DATE (RFSP 2887-EMPLOYEE ASSISTANCE PROGRAM AWARDED TO WORKERS ASSISTANCE PROGRAM, iNC iN THE AMOUNT OF $18,096). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the purchase services to provide an Employee Assistance Program in accordance with the procedures of State law and City ordinances which authorizes competitive sealed proposals for contracts for insurance; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; 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 items in the following numbered request for proposal for materials, equipment, supplies or services, shown in the "Request Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFSP NUMBER CONTRACTOR AMOUNT 2887 Workers Assistance Program, Inc. $1.16/employee SECTION 2. That by the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. That should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. That by acceptance and approval of the above numbered items of the submitted proposals, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved proposals or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its 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: HERBERT L. PROUTY, CITY ATTORNEY BY: CONTRACT THE STATE OF TEXAS § COUNTY OF DENTON § AGREEMENT BETWEEN THE CITY OF DENTON AND WORKERS ASSISTANCE PROGRAM, Inc. This agreement, executed the 1st day of January, 2003, is between the City of Denton ("Denton")and Workers Assistance Program, Inc., Texas Corporation (the "The Employee Assistance Program"). The Plan 1.1 1.2 1.4 WITNESSETH: SECTION I Denton has adopted an Employee Assistance Program providing employees of the City of Denton and their dependents, and retirees benefits set forth in the plan. The name of the Plan is the Employee Assistance Program. The effective date of the Plan is January 1, 2003. SECTION II 2.1 Components 2.2 The provider agrees to provide all EAP and Utilization Management (UM) services for the City of Denton employees and their dependents, COBRA participants, and retirees as described below: Telephone Resource Center Trained masters level telephone counselor's who are available 24 hours a day, 365 days a year. Automated Attendants will not be acceptable. Counselors with the ability to speak fluently and understand English and Spanish are required. Employees and their families must be able to access the toll free telephone resource center as often as necessary (no limit). 2.3 Assistance Centers There must be access to an Assistance Center within 15 miles of Denton's city limits (preferably in Denton City limits). Counselors must provide an assessment and treatment plan during the initial interview session. 2.4 EAP Installation and Training The provider must coordinate the learning process by providing a program orientation and training the essential staff as determined by the City of Denton. 2.5 Formal Management Referral The provider must offer Formal Management Referrals (FMR). This benefit would allow positive intervention by a supervisor with employees in order to confront unacceptable workplace behaviors. Essential staff must be notified of attendance of referred employees/participants. Essential Staff must be notified of employee/participant participation of prescribed counseling program. 2.6 Critical Incident Debriefing Critical incident debriefing must be included in the services when serious accidents or traumatic events occur. Counselors must be dispatched to the worksite of the affected employees within twenty-four (24) hours. 2.7 Management Reports The provider must supply the City of Denton with quarterly and annual results of the EAP activities with management reports. The reports must be confidential and must not contain any information that would identify a participant personally. 2.8 Program and Wellness Promotion The provider would be required to provide the employees, retirees, and COBRA participants of the City of Denton with communication about the EAP. If requested, the provider would need to provide a representative for committee meetings (city council, employee insurance committee, wellness committee, executive committee, etc.). The provider must have the resources to provide the City of Denton or participants with brochures, wallet cards, payroll flyers, articles for the city newspaper, posters, and educational workshops. The provider must be able to present up to 10 hours per year of supervisor training and employee orientation, up to 10 hours per year of Brown Bag Seminars and 10 hours of workshops per calendar year (Jan.- Dec.) (45-60 minutes each) on wellness issues, including, but not limited to, the following: · Dealing with Change · Balancing Work and Home · Kids and Drugs · Eldercare · Single Parenting · Communicating with Teenagers · Family Communications · Stress Management · Drugs at Work · Home Budgeting · Parenting · Childcare 2.9 Account Management The provider will assign a staff member to provider services and coordinate with the City of Denton program Administrator The provider must adhere to the City of Denton EAP Policy//107.00 (Attachment I) The provider should resolve account issues within 60 days. 2.10 Insurance Requirements The provider must carry professional liability insurance in the amounts of $3,000,000.00 aggregate coverage and $1,000,000.00 incidental coverage. Certificates of insurance must be supplied upon request. Section III Services 3.1 Counseling Sessions Eligible participants would be allowed a minimum of six (6) office visits each per calendar year. Telephone consultations would not be counted toward the 6 office visits. The provider will provide assessment and short-term problem solving sessions to employees and their dependents, Cobra Participants and retirees. Efforts will be made to resolve client concerns within the number of contracted visits. 3.2 3.3 The provider must be able to control overall health claims. This option would allow participants to contact the provider before receiving outpatient behavioral health services. The provider must have the ability, when necessary, to provide guided referrals in the best treatment options and achieve definite cost savings. Criteria used when guiding referrals include treatment specialties; therapeutic techniques; nearness to clients; client preferences; and the provider's eligibility for client payment terms. Staffing Requirements Provider must have masters level counselors available 24 hours a day, 365 days a year. Provider must have counselors qualified as Substance Abuse Professionals (SAP) as defined by the Department of Transportation (DOT): "a licensed physician (medical Doctor or Doctor of Osteopathy); or a licensed certified psychologist, social worker or employee assistance professional; or an addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Commission or by the International Certified Reciprocity Consortium/Alcohol and other Drug Abuse). All must have knowledge of and clinical experience in the diagnosis and treatment of Alcohol and Controlled Substances related disorders." All must have knowledge of and clinical experience in the diagnosis and treatment of Alcohol and Controlled Substance related disorders. Testing Requirements The provider must be able to assess clients at all levels of care. The following applicable tests are a mandatory requirement and must be conducted at no additional fee. · Multidimensional Assessment of Functioning Profile · Clinical Multiaxial Inventory - II · Sixteen Personality Questionnaire · Myers-Briggs Type Indicator · Adolescent Personality Inventory · Life Styles Inventory · Depression Inventory · Strong Interest Inventory · Alcohol Use Inventory · Multiphasic Personality Inventory - 2 · Substance Abuse Subtle Screening Inventory 3.4 Coordination with Health Plan The EAP must coordinate with the City of Denton health insurance program. If referral for additional services is needed, referrals by the EAP provider will be to a network health provider hospital or practitioner pre-approved by the network health plan. 3.5 COBRA Administer any COBRA notification to terminated employees 3.6 Quality Assurance Provider must meet criteria established by the National Committee for Quality Assurance (NCQA). In addition to the foregoing, the provider shall comply with the terms and provisions set out in the City of Denton RFSP dated on or about , and the response of the provider thereto. In the case of any discrepancy, the terms of this RFSP shall override the Service Agreement and the response thereto. Section IV Preferences 4.1 Legal Consultation and Referral Preference will be given to providers offering one free legal consultation and referral per client per incident to City of Denton employees and their dependents, COBRA Participants, and retirees. There should be an established network of attorneys in private practice experienced in legal issues such as divorce settlements, child support and custody agreements, adoptions, tenants rights, wills, estates, and bankruptcy. If legal services continue beyond the initial consultation, a participant may choose to retain the attorney at a 25 % discount. 4.2 Financial Planning Preference will be given to providers offering one free financial consultation per incident per client for financial advice provided by a licensed CPA. If services continue beyond the initial consultation, a participant may choose to continue services at a discounted rate. 4.3 Related Experience Preference will be given to the prospective providers able to demonstrate an ability to service public agencies. 4.3 Free Ride Program Preference will be given to the prospective providers that actually coordinate free rides. In the event a participant is impaired by alcohol or drugs this program would enable a participant to call a cab and be reimbursed by the provider for the cab fee. This process should be simple and confidential. 4.4 Dependent andEldercare Preference will be given to the prospective providers able to offer help in a variety of special and professional services in the area of childcare and eldercare in order to provide much needed benefits for working parents and caregivers. 4.5 Local Offices Preference will be given to the prospective providers with offices located within the Denton City limits. 4.6 Accessibility for Mobility, Hearing, and Mentally Impaired Preference will be given to the prospective providers who have the ability to accommodate persons who have mobility, hearing, and/or mental impairments. 4.7 Teen Help Line Preference will be given to the prospective providers with a toll free 24-hour teen help line staffed with trained counselors experienced in adolescent issues. 4.8 Pre-Retirement Counseling Preference will be given to the prospective providers willing to conduct pre- retirement counseling. Section V METHOD OF SELECTION 5.1 Proposals will be reviewed by the Director of Human Resources and/or designee and/or selected managers of the City of Denton. Award of the proposal will be subject to compliance with minimum requirements and pricing structure and given to the provider who most accurately meets the selection criteria. Interviews or site visits may be requested. Section VI TERMS AND CONDITIONS 6.1 The Contract term shall be for a period of three (3) years beginning January 1, 2003 and ending December 31, 2006. It is renewable for two successive one (1) year terms upon the same terms and conditions unless terminated. The contract shall be renewed prior to renewal and changes made by agreeing parties. 6.2 Extension. If the provider has performed in a manner satisfactory to the City of Denton, the City manager or his/her designated representative may extend the contract by one-year periods for up to two (2) additional years beginning at the conclusion of the initial one-year contract by the signing of an extension agreement. Preference will be given to a provider with any rate guarantees not to exceed 25 % overall. SECTION VII Termination of Agreement 7.1 Termination. The contract shall be subject to termination under any of the following conditions: a. Notwithstanding any other provision of this Agreement, either party may terminate by giving ninety (90) days advance notice to the other party. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligation under this agreement. No such termination will be affected unless the terminating party gives the other party written notice (which is to be sent by certified U.S. mail return receipt requested) of intent to terminate and sets forth the reason for termination that specify the non-performance. The terminating party, by such notice, must also give the other party: (1) not less than thirty (30) calendar days to cure the failure and (2) an opportunity for consultation with the terminating party prior to termination. If the agreement is terminated prior to the completion of services to be provided hereunder, the Provider shall immediately cease all services and shall render a final bill for services within thirty (30) days after the date of the termination. The City of Denton shall pay the Provider for all services properly rendered and satisfactorily performed and for reimbursable expenses of termination incurred prior to the termination date. Should the City of Denton subsequently contract with a new Provider for the continuation of services, the Provider shall turn over all documents prepared or furnished by the Provider pursuant to this Agreement to the City of Denton on or before the date of the termination, but may maintain copies of such documents for its use. SECTION VIII Miscellaneous Provisions 8.1 In the event of resignation or inability to serve by the provider, Denton may appoint a successor. Any successor, upon appointment, shall succeed to and be invested with all powers conferred on the Provider. 8.2 If during the operation of the Hah, the federal government, the state government, or any political subdivision or instrumentality shall assess any tax against the Plan, and the Claims Administrator is required to pay such tax, the Claims Administrator shall immediately notify Denton, and Denton shall promptly provide the funds necessary to remit such taxes to the proper authority. 8.3 This agreement may be amended by Denton and the Claims Administrator at any time by mutual written consent of said parties. 8.4 In the event that Denton shall fail to make any required contributions to the Han, the Claims Administrator shall have the right to terminate this agreement upon fifteen days (15) written notice to Denton. 8.5 In the event of termination of this Agreement resulting from the default of Denton, as provided above, the Claims Administrator shall charge, and Denton shall pay to the Claims Administrator all fees, commitments, and obligations incurred by the Claims Administrator through such date of termination. 8.6 The Claims Administrator hereby is designated the agent for service of legal process on behalf of the Plan at its principal office. 8.7 Claims Administrator agrees that it shall be in compliance with all laws, statutes, and other governmental provisions prevailing during the term of this Agreement. 8.8 It is agreed that Claims Administrator shall maintain and make available for inspection, audit and reproduction by an authorized representative of the City or any other governmental agency, books, documents, and other evidence pertinent to the costs and expenses of this contract. This includes, to the extent such detail will properly reflect, all costs, direct and indirect costs of labor, material, equipment, supplies, and services and all other costs and expenses of whatever nature for which reimbursement is claimed under provisions of this Agreement. SECTION IX Effective Date and Term 9.1 This Agreement shall become effective on January 1, 2003. 9.2 This Agreement shall be in effect for a period of one (1) year from the effective date as outlined in Section 9.1 and renewable for 3 additional one-year renewal option. 9.3 Based upon a written proposal from the successful vendor and written acceptance by the City, this contract is subject to consideration for renewal for the same period of time, with negotiation of the terms, conditions, and costs in successive years provided that the scope of work and costs do not increase more than 20 %. IN WITNESS WHEREOF, the City of Denton and the Claims Administrator have executed this Agreement at , this day of ,20 CITY OF DENTON, TEXAS BY: EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM HERB PROUTY, CITY ATTORNEY BY: The Director of Human Resources for the City of Denton, Texas is hereby authorized to carry out the terms of this agreement on behalf of the City of Denton, Texas. BY: 12/10~02 #4M AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET December 10, 2002 Materials Management Questions concerning this acquisition may be directed to Cary Tower 349-8424 Kathy DuBose, Fiscal and Municipal Services~i~ SUBJECT Consider adoption of an Ordinance approving the expenditure of funds for the purchase of repair services available from only one source in accordance with the provision of State Law exempting such purchases from requiremems of competitive bids; and providing an effective date (File 2923-Repair of Front Loading Refuse Truck awarded to Dallas Peterbilt L.P. in the amount of $59,271.94). BID INFORMATION Purchase Order 107960 is for repairs to a 2002 Peterbilt from load refuse truck. This truck was involved in a collision with a Kansas City Southern Line train on April 30 of this year. The extensive repairs to the chassis performed by Dallas Peterbilt L.P. will extend the life expectancy of the unit through 2008 and will keep all engine, transmission, power train, and chassis warramies in full force. The truck is a 2002 model with less than $15,000 miles. Its replacemem cost is estimated to be approximately $85,000. In addition to the approximately $25,000 savings, Caterpillar Engine Co. in cooperation with Dallas Peterbilt L.P. and the City of Demon, has installed a low emission test engine in the truck and will perform all service work for two years. Our engine will then be reinstalled and will be covered under a new engine warranty. This repair order was determined to be a sole source acquisition to protect the above-mentioned warranties. Dallas Peterbilt L.P. maintains an exclusive OEM Service franchise that covers the entire Dallas-Fort Worth Metroplex area. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) Council approved the purchase of the replacemem 40 cubic yard from load body for the chassis on November 5, 2002 in the amoum of $76,444. RECOMMENDATION We recommend purchase order 107690 be approved in the amoum of $59,271.94. Agenda Information Sheet December 10, 2002 Page 2 PRINCIPAL PLACE OF BUSINESS Dallas Peterbilt L.P. Dallas, Texas ESTIMATED SCHEDULE OF PROJECT Repairs have been completed and the chassis has been shipped to the body company for installation of the 40 cubic foot front load body. Installation is estimated to be completed in late December 2002. FISCAL INFORMATION Funding for this repair will come from Risk Retention fund account 860002.6552. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Invoices from Peterbilt L.P. 1-AlS-File 2923 Dallas Peterbilt Attachment 1 DEALERSHIPS THAT WORK TOSETHE~ P.O Box 560228 · Dallas, Texas 75356-0228 · Direct Parts (972) 445-9101 Metro Abilene Peterbilt 1201 Tracy Lynn Dr. Abilene, Texas 79601 .rj~rr~ ~2-3~1~ = ~g~74 D.a '~:.'. ~:.~ i 0 / i 6 Dallas Peterbilt Fort Worth Peterbilt 515 North Loop 12 3267 Crabtree rv~ng, Texas 7~¥ ,-- [ Metro (972) 445-7505 WORK gRDER Sustomer Copy - ! / Tyler Peterbilt 11042 Hwy. 69 North Tyler, Texas 75706 (9~t~.._~_ 7891 B CiTY OF DENTON ] T 804 TEXAS STREET L. C) ATTN: FLEET SERVICES L. DENTON, TX 76201 Reading in ~ n PO~, 107690 Arrival i0/!I/08 'at 12:09 De 'i i vet y Cust$~ 0'7545 GVW Terms A/R Charoe (940) 349-84~3 SW~ Ii7 .................................................. S U ~{ M A R Y ........................................................................ c~ .... T]em=,- :~ ~ .F i On 0'1 rep/ace tires -- 03 check t. rans. codes 4~.50 .00 .00 ,q.~.50 04 check encjine codes 7~..00 ,,00 .00 75.0() T " 266 ':~ u T ~ L S 35 13 3,"°'~'=' 8(':' '~ ,=' ..... .'it' Shop Supplies &: Materials: 19.97 "r=,,, ,, i"7~--6,:":'r)n=: i4 ~aies Tax ....... PAY THIS .~.OUNT *** Customer Total 3,577.15 Oi ~iace tires- ref ro#4714B Cod,s,: PB SW~ : 1i0 .Michael HubL, ard REPL..ACE TIRES FROM WRECK, REF RDt 4'7142 f All sums owing by customer are due and payable at the company's office at the 15% Restocking charge on all returned parts. No parts accepted for return street address set forth above. I represent that I am the customer or am acting without this invoice. Parts not accepted for return after 30 days. Electrical as a duly authorized agent of and have authority to bind the customer, parts are not returnable. Customer promises to pay the amount shown hereon, together with other charges due, if any, in accordance with customer's charge agreement with you. RECEIVED BY: ~.ACCOUNTS DUE AND PAYABLE BY THE 10TH OF THE MONTH. CUSTOMER COPY Dallas Peterbilt DEALERSHIPS THAT WORK TOGETHER Abilene Peterbilt 1201 Tracy Lynn Dr. Abilene, Texas 79601 P.O Box 560228 · Dallas, Texas 75356-0228 · Direct Parts (972) 445-9101 Metro Dallas Peterbilt Fort Worth Peterbilt 515 North Loop 12 3267 Crabtree Irving, T~ 7~F'[... Z C::A]"!~[ i N"-,/~&'rL-~rt~;;~h'[~.:~:~ ~'~' ~!-72~ Metro (972) 445-7505 ~..JOR!*:( QR~)E;R Z{!q~)¢~.9,~O0 Tyler Peterbilt 11042 Hwy. 69 North Tyler, Texas 75706 (9..085. ~, - 7891 T i m e 9 ,", 0 Z NF:'ZL.'!"Q X .'-',(SD71364? ........ m,:':, c:, S F'B .z, c'.'.:..."~ R ~-a d i n g Z n 2'. 00000 0 P 045 ~ 0 ? 690 Del ive?'y 7/24/0Z Reading ==,,56E:,=6 3,706 43 .00 3~.00 207, O0 F;:EF i N I SH AS PER EST I MA 2. , 530. OC-'- F:e'cfo'.,-m 3 axl,z- aii-.7~n = .......... 4 ... 5E:8.63 55. 694 ,, ?"9 '- x Z,.D~: Salm~ Tax · ~'~* '~4¥ THZS ~OUN, *** Customer Total 01 REPAIR AS PER ESTIMATE C-c,d~'~: F:'B I 1 SW~ ~ i2:[ MATT DROEGE F;:EF'A];F;:ED WF,'EC!< DAMAGE- GARBAGE; TRUCK WAS HiT BY TRAIN~ BUF"iF'EF'. !:'F:iE]C'F.iARGED. STILL. ON OF;.'DE~: 9/3':}/0~ BILLE:D 7'Q 06Si~5. WTLL NEED TO JV TO CUSTOMER ACCOUNT. DISCLAIMER OF WARRANTIES ANY WARRANTIES ON THE PRODUCTS SOLD HEREBY ARE THOSE MADE BY THE MANUFACTURER. DEALER EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. NO EMPLOYEE OR AGENT IS AUTHORIZED TO MAKE AN EXPRESS OR IMPLIED WARRANTY IN CONNECTION WITH THIS TRANSACTION. ADDITIONAL IMPORTANT TERMS OF THIS AGREEMEN'F INCLUDING AN AGREEMENT TO ARBITRATE CLAIMS, ARE PRINTED ON THE BACK OFTHIS PAGE. I UNDERSTAND AND AGREE TO THIS DISCLAIMER OF WARRANTIES AND TERMS OF THIS AGREEMENT. I AGREE SPECIFICALLY TO THE ARBITRATION TERMS AND PROCEDURES AS SET FORTH UNDER THE TERMS AND CONDITIONS ON THE BACK OF THIS PAGE. Signed: Customer I AII sums owing by customer are due and payable at the company's office at the 15% Restocking charge on all returned parts. No parts accepted for return street address set forth above. I represent that I am the customer or am acting without this invoice. Parts not accepted for return after 30 days. Electrical as a duly authorized agent of and have authority to bind the customer, parts are not returnable, Customer promises to pay the amount shown hereon, together with other charges due, if any, in accordance with customer's charge agreement with you. RECEIVED BY: ACCOUNTS DUE AND PAYABLE BY THE 10TH OF THE MONTH. CUSTOMER COPY ORDINANCE NO. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF REPAIR SERVICES AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 2923-REPAIR OF FRONT LOADING REFUSE TRUCK AWARDED TO DALLAS PETERBILT L.P. IN THE AMOUNT OF $59,271.94). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following purchase of materials, equipment or supplies, as described in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached hereto are hereby approved: FILE NUMBER VENDOR AMOUNT 2923 Dallas Peterbilt L.P. $ 59,271.94 SECTION 2. That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. That this ordinance shall become effective immediately upon its 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: HERBERT L. PROUTY, CITY ATTORNEY BY: '12/'10~02 #4N AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET December 10, 2002 Materials Management Questions concerning this acquisition may be directed to Sharon Mays 349-8487 Kathy DuBose, Fiscal and Municipal Services~i~ SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual coNract for the purchase of Transformer Repairs-Pole Mount and Pad Mount; providing for the expenditure of funds therefore; and providing an effective date (Bid 2876-Transformer Repairs- Pole Mount and Pad Mount awarded to Alamo Transformer Supply Company in an amount not to exceed $75,000). BID INFORMATION DeNon Municipal Electric annually replaces several distribution transformers, both overhead and pad mouNed units that have failed in service. Repairs performed last year were done through issuing multiple individual repair orders that were spread throughout the year. In order to acquire the most cost effective pricing, DME proposes to enter into an annual contract agreement. The agreement will not require a minimum purchase. This annual agreemeN will provide for repair of three differeN categories of transformers: Single-phase overhead transformers that range from 25 kVA to 167 kVA Single-phase pad mounted transformers that range from 25 kVA to 167 kVA Three-phase pad mounted transformers that range from 75 kVA to 2500 kVA Repairs fall iNo one of two types. A Class 1 repair is defined as a minor repair, which includes dismaNling, cleaning, replacing gaskets, replacing bushings, replacing hardware, paining and testing each unit. A Class 2 repair is defined as a major repair, which includes everything in a Class 1 repair plus cleaning the core, banding the core, and rewinding coils with copper conductor. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board approved this item on October 7, 2002. RECOMMENDATION We recommend award of an annual contract for Transformer Repairs-Pole Mount and Pad Mount to Alamo Transformer Supply Company in an amount not to exceed $75,000. Agenda Information Sheet December 10, 2002 Page 2 PRINCIPAL PLACE OF BUSINESS Alamo Transformer Supply Company San Antonio, Texas ESTIMATED SCHEDULE OF PROJECT This is an annual contract that will end on December 10, 2003 with an option to renew for one year at the same price. FISCAL INFORMATION Funding for the repairs will be provided from Electric account 600300.6530 subledger 5950 A. Attachment 1: Bid Tabulation 1-AlS-Bid 2876 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF TRANSFORMER REPAIRS- POLE MOUNT AND PAD MOUNT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2876-TRANSFORMER REPAIRS-POLE MOUNT AND PAD MOUNT AWARDED TO ALAMO TRANSFORMER SUPPLY COMPANY IN AN AMOUNT NOT TO EXCEED $75,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 2876 1,2,3 Alamo Transformer Supply Company Exhibit 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 contained 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 awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-BID 2826 Annual Price Transformer Repair EXHIBIT A Item # 2 2 2 2 2 2 Transformer 25 kVA 50 kVA 75 kVA 100 kVA 167 kVA 25 kVA 37.5 kVA 50 kVA 75 kVA 100 kVA 167 kVA 75 kVA 112.5 kVA 150 kVA 225 kVA 300 kVA 500 kVA 750 kVA 1000 kVA 1500 kVA 2000 kVA 2500 kVA Repair Cost $ 395 $ 565 $ 790 $ 905 $1,405 $ 320 $ 425 $ 490 $ 715 $ 830 $1,330 $1,600 $1,800 $2,000 $2,200 $2,500 $4,000 $5,400 $6,300 $8,000 $9,600 $10,800 12/10/02 #40 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: December 10, 2002 Engineering CM/DCM/ACM David Hill, 349 - 8314 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, prohibiting any drivers from tuming fight on red from northbound Carroll Boulevard onto Sherman Drive. BACKGROUND Recently the intersection of Carroll Boulevard and Sherman Drive was signalized. Prior to this signalization, motorists traveling northbound on Carroll Boulevard were allowed to mm using a dual fight mm lane onto eastbound Sherman Drive. In addition, motorists on Sherman Drive were engaged by a stop sign at Carroll Boulevard, so the dual fight mm was free flowing. The signal installation attempted to take this into consideration and allowed for the dual fight tums by installing multiple signal heads for this purpose. In addition, to help northbound Carroll Boulevard function more efficiently in clearing the signal, traffic was not only allowed to tum fight on the normal green ball indication, but the signal heads that were installed and programmed allowed the turn to be made on a green arrow indication (when westbound Sherman Drive had a green ball indication). This presented two problems with the pedestrian movement crossing Sherman Drive: 1) Pedestrian movements cannot be allowed when the green arrow is on. Typically, pedestrian movements on the east side of an intersection are allowed when the northbound movement has a green ball indication, requiring tuming vehicles to yield to pedestrians in the crosswalk. However, this normal vehicle/pedestrian conflict is exacerbated by the fact that there are dual right tums (and therefore a greater conflict with pedestrians) caused by drivers more likely to be watching the adjacent turning vehicle than watching for pedestrians. This was resolved by programming the signal to have an exclusive pedestrian phase (it runs separately from all of the vehicle phases). This exclusive pedestrian phase is typically very inefficient for a signal. But, given the normal light pedestrian traffic in the area during most of the year and that pedestrian push buttons were also installed that when activated, calls up this exclusive pedestrian phase, phasing with push buttons lends itself to this type of intersection. In addition, this type of exclusive pedestrian phasing with push button activation also helps during the few weeks when the North Texas Fair is going on, when pedestrian protection is most needed. 2) There is still a problem with the dual right tums being able to turn right on red. Being there are dual right tums and they can both turn right on red, when drivers do this they are, again, more aware of conflicts with other turning vehicles than with pedestrians. So, when the exclusive pedestrian phase comes up, there is still a high probability of unresolved pedestrian/vehicle conflicts with dual vehicles tuming right on red. This can be resolved by installing a "no right turn on red" vehicle restriction for northbound Carroll Blvd at Sherman Dr. Page 1 With these items in place, pedestrians are more assured of a safer crossing. OPTIONS 1. Approve ordinance 2. Deny ordinance RECOMMENDATION Staff recommends approval of the Ordinance concerning a .... No Right Turn on Steady Red" northbound Carroll Boulevard onto Sherman Drive. ~or PRIOR ACTION/REVIEW The Traffic Safety Committee reviewed this item at their November 4, 2002 meeting and voted ¢0 to recommend that the City Council approve an Ordinance concerning a .... No Right Turn on Steady Red" for northbound Carroll Boulevard onto Sherman Drive. FISCAL INFORMATION Manufacture of signing and installation costs estimated at less than $500 and is within the normal City's Traffic Operations budget. ATTACHMENTS 1. Location map 2. Traffic Safety Commission minutes 3. Ordinance Prepared By: David Salmon, Assistant Director Engineering Respectfully submitted: Charles Fiedler Director, Engineering Page 2 AREA MAP ATTACHMENT 1 LOC ATION Minutes Traffic Safety Commission November 4, 2002 PRESENT: Silvia Lesko, Pat Cheek, Murray Ricks, Harry Phillips, Connie Baker, Georgianne Burlage, Lelia Howell, and Chairman Barry Walters STAFF: David Salmon, Staff Liaison Bernard Vokoun, Traffic Engineer Pat Killebrew, Secretary Chairman Walters called the meeting to order at 5:30 PM. ITEM #1: REVIEW AND CONSIDER APPROVAL OF OCTOBER 7, 2002 MINUTES Cheek made a motion to approve the minutes. Burlage seconded the motion. The motion passed unanimously. ITEM #2: CONSIDER NO RIGHT TURN ON RED FOR NORTHBOUND CARROLL BOULEVARD AT SHERMAN DRIVE. Vokoun said before there was a signal at Sherman Drive and Carroll Boulevard, you could drive north on Carroll Boulevard, and take a dual right onto Sherman Drive. When the signal came into place, staff tried to keep that consistency for capacity sake. The corner was trimmed down a little bit, and the service station moved their sign. Someday, the corner may be trimmed a little more. Pedestrian access ramps were installed in the corner to allow people to cross, particularly during the fair. A couple of things happen when a signal is installed, and are trying to allow the traffic to be as free flowing as possible. At a typical intersection when the green is north and south, the pedestrians on the east and west sides can cross the intersection. In this case because of the dual right turns, a problem is created for the pedestrians. Staff removed Traffic Safety Commission - November 4, 2002 Page 2 of 2 the pedestrian phase from the normal through phase and put it in its own phase. The second thing that was done to try to keep traffic moving, was to install two five-section heads that show green arrows on Carroll Boulevard northbound, so that when the traffic on Sherman Drive is allowed to go; traffic northbound on Carroll Boulevard can also turn right onto Sherman Drive, so they run concurrently. This arrangement is different from anything in Denton and in most of the Metroplex. Normally there is no pedestrian traffic in a situation like this. The only time the pedestrians have is during their own phase. There is also a problem in that once traffic northbound on Carroll Boulevard stops on red, by law, can turn right onto Sherman Drive. During fair time, this becomes a larger problem. Most of the time, drivers are watching each other and not the pedestrians. Staff recommends the Traffic Safety Commission make a recommendation to City Council to install a No Riqht Turn On Red at the intersection of northbound Carrofl Boulevard and Sherman Drive. Cheek asked if the No Right Turn On Red would be on the third light. Vokoun said it would be on the two right turn lanes. Walters said on the crosswalk phase (the pedestrian phase), there is no right turn at all, but under state law with a red light, after stopping, you can turn right. Staff wants to eliminate that like we did at Locust Street and McKinney Street, so people won't run over the pedestrians. Cheek said she thought the turn on red at Locust and McKinney Streets was eliminated due to a lack of vision. Vokoun said when the two northbound right lanes on Carroll Boulevard are red; the pedestrian phase is turned on (for crossing Sherman Drive). By law, both of these lanes can turn right on red, and they are not conflicting with anything in particular, except the pedestrians. The drivers tend to watch the other cars and not watch the pedestrians. Vokoun said the northbound lanes already have two phases in which they can turn. They can turn on the green ball and on the green arrows; red is the only phase they are stopped on. To avoid that conflict with the pedestrians who have a walk sign; a No Right On Red sign would be installed. It is only for a short while. There are pedestrian push buttons there so it doesn't come up every phase, but only when a pedestrian pushes the button. Cheek said that intersection and a few more is what her family has always called "Dentonisms". It is a ridiculous configuration where you can go left and right and straight at the same time. Walters said all we are trying to do is help the pedestrians. Vokoun said Traffic Safety Commission - November 4, 2002 Page 3 of 3 correct, to keep them from being run over. They have their own phase and this would help by keeping the cars from turning during that phase. Baker asked if it would be in effect 24/7 or just during certain times. Vokoun said it would be No Right Turn On Red 24/7. Walters said the red only comes on when the pedestrian pushes the button. Vokoun said there is one other phase when the driveway at Krogers gets their green, but the drivers turning right would have to yield to the drivers coming from Krogers, and the pedestrians wouldn't have their phase anyway. Ricks said this wouldn't affect the drivers turning red from Sherman Drive onto Carroll Boulevard. Vokoun said correct; it would be just for northbound Carroll Boulevard. Ricks asked if there was any way to allow the outside lane to turn right on red and only restrict the inside lane. Vokoun said it would be too hard to sign. Howell said what is the difference between now and when there used to be a yield sign when the pedestrians crossed. Vokoun said none; it was dangerous then. Salmon said now the pedestrians have a walk light, which would indicate to most pedestrians that it is safe to walk. Vokoun said before they would look at the traffic. Cheek said there are not a lot of pedestrians. Vokoun said except during the fair. Burlage asked if there was a crosswalk on Carroll Boulevard too? Vokoun said yes. Phillips made a motion to install a No Right Turn On Red sign for northbound traffic on Carroll Boulevard at Sherman Drive. Ricks seconded the motion. The motion passed unanimously. S:\Our Docmments\Ordinances\02hNo Right Carroll Boulevard. doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING ANY DRIVERS FROM TURNING RIGHT ON RED FROM NORTHBOUND CARROLL BOULEVARD ONTO SHERMAN DRIVE; PROVIDING A SAVINGS CLAUSE; PROViDiNG A SEVERABiLiTY CLAUSE; PROViDiNG A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. When signs or markings are in place giving notice thereof, no person shall mm right when facing a steady red light on nothbound Carroll Boulevard at its imersection with Sherman Drive. SECTION 2. That all provisions of the ordinances of the City of Demon in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Demon, not in conflict with the provisions of this ordinance, shall remain in full force and effect. SECTION 3. That if any provision of this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 4. Any person adjudged guilty of a violation of this ordinance shall be guilty of a misdemeanor and punished by a fine not to o:ceed Two Hundred Dollars ($200.00). SECTION 5. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Demon, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 200__. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: S:\Our Docmments\Ordinances\02hNo Right Carroll Boulevard. doc APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 '12/'10~02 #4P AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET December l0th, 2002 Engineering David Hill, 349 - 8314 SUBJECT Consider approval of an ordinance authorizing the City Manager or his designee to execute a settlement agreement with Shepherd Place Homes concerning drainage and street improvements for the Bellaire North Addition and providing for an effective date. BACKGROUND During the development of the Bellaire North Subdivision, disputes have arisen between the developer and the City regarding the placement of perimeter road improvements, relocation of electric utilities, and placement of drainage improvements. The proposed agreement was negotiated between staff and the developer over a period of several months and resolves those disputes. OPTIONS 1. Approve the ordinance 2. Disapprove the ordinance RECOMMENDATION Staff recommends approval of the ordinance. PRIOR ACTION/REVIEW None FISCAL INFORMATION The developer of the Bellaire North Subdivision in accordance with the agreement will provide $40,000.00 to the City to purchase materials for the construction of drainage improvements along the northwest boundary of Bellaire North Subdivision. City crews will construct the proposed drainage improvements. ATTACHMENTS 1. Area map 2. Ordinance 3. Settlement Agreement Prepared By: David Salmon, Assistant Director Engineering Page 1 Respectfully submitted: Charles Fiedler Director, Engineering Page 2 S:\Our Documents\Ordinances\02\Shpard Homes Settlement Ord.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO EXECUTE A SETTLEMENT AGREEMENT WITH SHEPHERD PLACE HOMES CONCERNING DRAINAGE AND STREET IMPROVEMENTS FOR THE BELLAiRE NORTH ADDITION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, subsequent to final plat approval of the Development certain disputes have arisen between the Developer and the City concerning certain drainage improvemems and adjacem street improvemems including the relocation of DeNon Municipal Electric ("DME") utility facilities; and WHEREAS, the City and Developer desire to compromise and settle these disputes; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a Settlemem Agreement between the City of Denton and Shepherd Place Homes, inc. to compromise and settle certain disputes concerning drainage and street improvements for the Bellaire North Addition, a copy of which is attached hereto and in0arporated by reference herein. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: SETTLEMENT AGREEMENT This agreement is entered into as of the effective date set forth below by and between the City of Denton, Texas (the "City") and Shepherd Place Homes, Inc. (the "Developer"). WHEREAS, the Developer is the developer of that certain residential development known as Bellaire North Addition, an addition to the City of Denton, Texas (the "Development"); and WHEREAS, subsequent to final plat approval of the Development certain disputes have arisen between the Developer and the City conceming certain drainage improvements (the "Drainage improvements") and adjacent street improvements including the relocation of Denton Municipal Electric ("DME") utility facilities (the "Street Improvements"); and WHEREAS, City and Developer desire to compromise and settle these disputes; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the City and Developer agree as follows: The City has agreed to allow for certain modifications to the alignment and width of the pavement for the adjacent streets, Mockingbird Lane and Audra Lane (the "Street Realignments"). This results in a reduction of the cost for relocation of DME utility facilities. In addition, in lieu of constructing the Drainage Improvements which are within a City easement along the back 15 feet of Lots 1-11, Block A of the Development, the City and Developer have agreed that the Developer will pay the City the sum of $40,000.00 as its proportional share of the Drainage improvements (the "Proportional Share"). if the Drainage improvements are not constructed within five years from the date of this agreement the City will refund the Proportional Share to the Developer. The Developer understands that no fencing in or filling of the drainage easement will be allowed. The City shall abandon 10 feet of the easement along the back 15 feet of Lots 1-11, Block A of the Development. The Storm Sewer system shall be installed within the City's drainage easement along the northern property line. The City will file the abandonment for the Drainage Easement 10 feet of the easement along the back 15 feet of Lots 1-11, Block A of the Development. Page 1 As a result of the Street Realignments and the City's acceptance of payment of the Proportional Share in lieu of constructing the Drainage improvements, Developer hereby releases the City, its employees, officers and representatives from any and all claims, actions and causes of action arising out of the construction of the Street improvements, including the DME utility relocations and Drainage improvements including the requirement of paying the Proportional Share. This releases any claims the Developer may have that the Street improvements (including the DME utility relocations) or Proportional Share do not meet the nexus and rough proportionality requirements of Town of Flower Mound v. Staffbrd Estates Limited Partnership and Dolan v. City of Tigard. The Developer also releases and indemnifies the City from and against any and all claims, actions or causes of action within the scope of the above release that may be asserted by any individual or entity that is affiliated with the Developer in anyway whatsoever. Signed to be effective the __ day of November, 2002. SHEPHERD PLACE HOME, INC. By:. Robbie Hale, President CITY OF DENTON, TEXAS By:. City Manager ACKNOWLEDGMENTS This instrument was executed this the __ day of November, ~02 by Robbie Hale, the President of Shepherd Place Place Homes, inc. on behalf of said corporation. Page 2 Notary Public in and for the State of Texas This instrument , the was executed this the of the day of November, 2002 by City of Demon, Texas. on behalf of said Notary Public in and for the State of Texas Page 3 12/10/02 #4Q AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: December 10, 2002 Engineering CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT Consider adoption of an ordinance by the City of Denton abandoning and vacating a portion of a drainage easement from Shepherd Place Homes Inc. recorded in Volume 4588, Page 107 Deed Records of Denton County, Texas; and providing an effective date. BACKGROUND When the City of Denton Engineering Department was in the design stage for the recently completed Audra/Nottingham street connection, it was determined that a drainage easement, centered on what used to be the Denton to Aubrey Road, would help to alleviate topographic drainage constraints. ~n open channel drainage swale was to be constructed connecting to the newly established east/west section of drainage channel that was cut when the Mockingbird Street drainage boxes were installed a few years prior. This entire area of town experienced sheet flooding during minor storm events because there were no natural or man-made channels in existence to capture and divert the flows to the main tributary. Staff consulted with the two affected property owners and negotiated 15-foot wide drainage easements along their common boundary to accommodate a drainage swale (30' width total). Subsequently, the eastern landowner, Shepard Place Homes, has petitioned the City to abandon a portion of the 15-foot easement in exchange for a cooperative effort to convert the open channel drainage swale to underground piping. This abandonment request is a component of a related item on the December 10, 2002 City Council agenda. OPTIONS 1. Approve the Ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of Ordinance. ESTIMATED PROJECT SCHEDULE N/A PRIOR ACTION/REVIEW None FISCAL INFORMATION N/A ATTACHMENTS Location Map Ordinance Exhibits Prepared by: Tod J. T:Ylo: Real Estate Specialist Respectfully submitted: Charles Fiedler, Director Engineering Department Bellaire North Drainage Easement Abandonment Location Map S:\Our Documents\Ordinances\02\Shpard Homes Settlement Ord.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO EXECUTE A SETTLEMENT AGREEMENT WITH SHEPHERD PLACE HOMES CONCERNING DRAINAGE AND STREET IMPROVEMENTS FOR THE BELLAiRE NORTH ADDITION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, subsequent to final plat approval of the Development certain disputes have arisen between the Developer and the City concerning certain drainage improvemems and adjacem street improvemems including the relocation of DeNon Municipal Electric ("DME") utility facilities; and WHEREAS, the City and Developer desire to compromise and settle these disputes; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a Settlemem Agreement between the City of Denton and Shepherd Place Homes, inc. to compromise and settle certain disputes concerning drainage and street improvements for the Bellaire North Addition, a copy of which is attached hereto and in0arporated by reference herein. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: I I / / ? / /: £ / ? / / / / 200 Exhibit A ~ JO~F~ P. LILLY ~U~; Audra jnj, LL'~ ~ oz Den/on, Den/on Goun/y, The foregoing ~ketch ond I~g~l description ~r~ prepared fr~m records. DENTON EXHIBIT B Legal Description for a 10' Drainage Easement Abandonment out of the Joseph D. Lilly Survey, A-773 Denton, Denton County, Texas BEING all that certain tract, parcel or strip of land out of the Joseph D. Lilly Survey: A-775 in the City of Denton, Denton County, Texas described by deed recorded by Clerk's File Number 99-0001672, Deed Records, Denton County, Texas and more particularly described as follows: BEGINNING at a point that is 95.17 feet, S 49°49'14'W from the southwest corner described by deed recorded by Clerk's File Number 99-0001672, Deed Records, Denton County, Texas; THENCE N46°49'11'E, 805.73 feet to a point for corner; THENCE S89°43'58'E, 14.54 feet to a point for corner; THENCE S46°49'1 I"W, 808.75 feet to a point for corner; THENCE N80°10'4 7"W, 12.52 feet to the Place of Beginning and containing 8, 080 square feet of land more or less. "Dedicated to Quality Service" www. cityofdenton.com '12/'10~02 #4R AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: December 10, 2002 Engineering CM/DCM/ACM: David Hill, 349-8314 SUBJECT Consider adoption of an ordinance declaring a public necessity exists and Finding that public welfare and convenience requires the taking and acquiring an approximate 1.31 acre tract or parcel of land for electric utility purposes being a part of the M.T. Cole Tract described in deed recorded in volume 249, page 387 of the Deed Records of Demon County, Texas, said property being located in the B.B.B. and C.R.R. Survey, Abstract No. 176, Demon County, Texas, and an approximate 16.30 acre tract or parcel of land for electric utility purposes being a Fart of the M.T. Cole Tract described in deed recorded in volume 249, page 387 of the Deed Records of Demon County, Texas, said property being located in the J. Kjelberg Survey Abstract No. 1610, the J. Bacon Survey Abstract No. 1540, the I. Hembrie Survey Abstract No. 594, and the I. Byerly Survey Abstract No. 1458, Demon County, Texas; authorizing the City Manager or his designee to make an offer to purchase the property for just compensation and if such offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of electric utility facilities and installation; Declaring an effective date. (West Electric Project) BACKGROUND Staff has entered into negotiations with the attorney for the property owner to acquire the easement tracts. During our initial meeting, the attorney, Mr. Mike Griffin, stated the landowner would grant the easemem in exchange for having water and sewer utilities extended to heir property. The cost of extending the utilities to the property would far exceed the appraised value for the easemem tract. An offer letter and a copy of the appraisal have been forwarded to Mr. Griffin for the property owner's consideration. A reply to neither the offer letter nor a follow-up letter has been received. Staff feels the property owner will not proceed to closing at a compensation amount equitable to both parties. OPTIONS 1. Approve the ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the ordinance. ESTIMATED PROJECT SCHEDULE Denton West Electrical Utility project Estimated in February 2002. to be initiated upon possession of necessary parcels, PRIOR ACTION/REVIEW None FISCAL INFORMATION John G. Hirschy and Associates performed the appraisals of all of the necessary electrical utility easements for this project. Based on this appraisal, The City of Denton Real Estate Division forwarded an initial offer of $42,312.00 to the landowner. In accordance with Texas Property Code 21.0111, the appraisal has been made available to the landowner. The offer is based on the following methodology: For the 1.31-acre tract, a 75% compensation factor is being utilized. 1.31 acre X $4,100/acre X 0.75 = $4,028.00 For the 16.30-acre tract, 3.85 acres are currently located in a public right-of-way, leaving 12.45 acres remaining within the actual easement. A 75% compensation factor is being utilized for the remaining 12-45-acre portion. 12.45 acre X $4,100/acre X 0.75 = $38,284.00 ATTACHMENTS Location map Draft ordinance Exhibits Prepared By: Respectfully submitted: Tod J. Taylor Real Estate Specialist Charles Fiedler, Director Engineering Department M. T. Cole Property Electrical Utility Easement Location Map ORDINANCE NO. AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FiNDiNG THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUiRiNG AN EASEMENT iN AN APPROXIMATE 1.31 ACRE TRACT OR PARCEL OF LAND FOR ELECTRIC UTILITY PURPOSES BEING A PART OF THE M.T. COLE TRACT DESCRIBED iN DEED RECORDED IN VOLUME 249, PAGE 387 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, SAID PROPERTY BEING LOCATED iN THE B.B.B. AND C.R.R. SURVEY, ABSTRACT NO. 176, DENTON COUNTY, TEXAS, AND AN EASEMENT iN AN APPROXIMATE 16.30 ACRE TRACT OR PARCEL OF LAND FOR ELECTRIC UTILITY PURPOSES BEING A PART OF THE M.T. COLE TRACT DESCRIBED iN DEED RECORDED IN VOLUME 249, PAGE 387 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, SAID PROPERTY BEING LOCATED iN THE J. KJELBERG SURVEY ABSTRACT NO. 1610, THE J. BACON SURVEY ABSTRACT NO. 1540, THE i. HEMBRIE SURVEY ABSTRACT NO. 594, AND THE i. BYERLY SURVEY ABSTRACT NO. 1458, DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS iN CONDEMNATION iN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF ELECTRIC UTILITY FACILITIES AND INSTALLATION; DECLARING AN EFFECTIVE DATE. (WEST ELECTRIC PROJECT) WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby require the acquisition of approximately 1.31 and 16.30 acre tracts or parcels of land for electric utility easemem purposes with such easemem rights being in the name of the City of Demon, Texas; and WHEREAS, the hereinafter described property is believed to be owned by the M. T. Cole Trust ("Owner"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Public necessity exists and public welfare and convenience require the acquisition of approximately 1.31 and 16.30 acre tracts or parcels of land for electric utility easemem purposes as more particularly described in Exhibit "A" and Exhibit "B", respectively, attached hereto and made part of by reference (the "Easemem Property" or "Easemem"). The Easemem is an electric utility easemem is the name of the City of DeNon, Texas in, over, and across the Easement Property to construct, reconstruct, install, repair and perpetually maintain electric utility facilities. All other utilities are excluded from using the Easemem Property except that such other utilities will be permitted to cross the Easement in such manner as will not imerfere with the City's electric facilities. The Owner shall have the right to use the Easemem Property for any purpose not inconsistem with the City's full enjoymem of the Easemem rights of the City, except as otherwise specified herein. Such rights include the right to use the surface of the Easemem Property for parking, driveways, sidewalks and landscaping. No buildings or other permanent structures will be permitted within the Easement Property, except for such structures that are approved in advance in writing by the City. Such approval may be withheld if in the City's sole judgrneN the structure will not iNerfere with City's then existing or proposed electric facilities. SECTION 2. The City Manager or his designee is hereby authorized and directed to make an offer for the EasemeN to the owner of the EasemeN Property, based on just compensation recommended by an independeN appraisal prepared at the City Manager's direction. The City Council finds that based on said independeN appraisal, the fair market value including damages to the remainder, if any, for the Easement is in the total amount of $42,312.oo. All previous offers in said amount are hereby ratified. SECTION 3. In the even the offer as described in Section 2 is refused by the Owner of the Property, the City Attorney or his designee is hereby authorized and directed to file the necessary condemnation proceedings or suit and take whatever action that may be necessary against the Owner and any other parties having an interest in the Easement Property to acquire the EasemeN. The cost and expense of such acquisition shall be paid by the City of DeNon, with such easemeN iNerests being in the name of the City of DeNon. SECTION 4. If it should be subsequeNly determined that additional parties other than those named herein have an iNerest in said property, then in that eveN, the City Attorney or his designee is authorized and directed to join said parties as Defendants in said condemnation. SECTION 5. This ordinance shall become effective immediately upon its 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: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 S:\O~ Docaments\Ordinances\02\Cole Condemnation Ordinance.doc Exhibi t A' All that certain lot, tract, or parcel situated in the B.B.B. and C.R.R. Survey Abstract Number 176, Denton County, Texas, and being a part of the M.T. Cole Tract described in the deed recorded in Volume 249, Page 387, of the Deed Records of Denton County, Texas and the subject tract being more particularly described as follows; BEGINNING at the Southwest comer of a Transmission line easement described in the deed recorded in Volume 009, Page 227, of the Deed Records of Denton County, Texas, and being Station 347+89.74 of Farm-to-Market Road Number 2449; THENCE South 89 Degrees 44 Minutes 01 Seconds West along or near a fence in the North right-of-way line of said Road a distance of 472.08 feet to a point for comer; THENCE North 00 Degree 11 Minutes 26 Seconds West a distance of 125.00 feet to a point for comer; THENCE North 89 Degrees 43 Minutes 59 Seconds East a distance of 471.91 feet to a point for comer; THENCE South 00 Degree 16 Minutes 01 Seconds East a distance of 21.14 feet to a point for comer; THENCE South 89 Degrees 43 Minutes 59 Seconds West a distance of 88.86 feet to a point for comer; THENCE South 00 Degree 16 Minutes 01 Seconds East a distance of 20.00 feet to a point for comer; THENCE North 89 Degrees 43 Minutes 59 Seconds East a distance of 88.86 feet to a point for comer; THENCE South 00 Degree 16 Minutes 01 Seconds East a distance of 83.86 feet to The PLACE OF BEGINNING, and containing 1.31 acres more or less; This Plat correctly represents the results of an on-the-ground survey made under my direction and supervision on 06-13-01. There are no visible or apparent intrusions, protrusions or easements except as shown hereon. A. 7~LL[I~ER R.P.L.S. No 5312 Date Exhibit B All that certain lot, tract, or parcel of land situated in the J. Kjelberg Survey Abstract Number 1610, J. Bacon Survey Abstract Number 1540, I. Hembrie Survey Abstract Number 594, and the I. Byerly Survey Abstract Number 1458, in the Denton County, Texas and being a part of the M.T.Cole Tract Described in the deed recorded in Volume 249, Page 387, of the Deed Records of Denton County, Texas, the subject tract being more particularly described as follows; BEGINNING at a point in the centerline intersection of Underwood Road and Spring Side Road said point bears South 89 Degrees 44 Minutes 01 Seconds East, a distance of 29.41 feet from the Northeast comer of called 6.00 acre tract in the Dalton Survey and the Northeast comer of the M.T. Cole Tract described in Volume 249, Page 387; THENCE along or near the centerline of Underwood Road the following calls; South 00 Degrees 02 Minutes 50 Seconds East a distance of 2096.86 feet to a point for comer; South 07 Degrees 30 Minutes 38 Seconds West a distance of 94.27 feet to a point for comer; South 12 Degrees 02 Minutes 42 Seconds West a distance of 71.93 feet to a point for comer; South 07 Degrees 18 Minutes 17 Seconds West a distance of 127.71 feet to a point for comer; South 00 Degree 12 Minutes 51 Seconds West a distance of 141.23 feet to a point for comer; South 04 Degrees 30 Minutes 27 Seconds East a distance of 190.15 feet to a point for comer; South 03 Degrees 27 Minutes 14 Seconds East a distance of 57.88 feet to a point for comer; South 01 Degrees 43 Minutes 16 Seconds East a distance of43.18 feet to a point for comer; South 02 Degrees 36 Minutes 19 Seconds West a distance of 103.35 feet to a point for comer; South 03 Degrees 31 Minutes 44 Seconds West a distance of 98.52 feet to a point for comer; South 02 Degrees 31 Minutes 15 Seconds West a distance of 112.60 feet to a point for comer; South 04 Degrees 53 Minutes 00 Seconds West a distance of 214.44 feet to a point for comer; South 04 Degrees 01 Minutes 05 Seconds West a distance of 174.44 feet to a point for comer; South 03 Degrees 09 Minutes 38 Seconds West a distance of 329.07 feet to a point for comer; THENCE South 00 Degrees 44 Minutes 07 Seconds West a distance of 1002.42 feet to a point for comer in the North line of a transmission line easement described in the deed recorded in Volume 009, Page 227, of the Deed Records of Denton County, Texas and with the North line of said easement the following calls and distances; North 89 Degrees 35 Minutes 02 Seconds West a distance of 35.00 feet to a point for comer; North 89 Degrees 34 Minutes 51 Seconds West a distance of 843.39 feet to a point for comer; North 88 Degrees 13 Minutes 35 Seconds West a distance of 599.10 feet to a point for comer; North 89 Degrees 29 Minutes 49 Seconds West a distance of 2791.54 feet to a point for comer; South 89 Degrees 43 Minutes 59 Seconds West a distance of2425.18 feet to a point for comer; THENCE North 00 Degrees 31 Minutes 04 Seconds East leaving the North line of said Easement a distance of 36.89 feet to a point for comer; THENCE North 89 Degrees 52 Minutes 16 Seconds East a distance of 2589.20 feet to a point for comer; THENCE South 89 Degrees 26 Minutes 06 Seconds East a distance of 4070.26 feet to a point for comer; THENCE North 01 Degrees 09 Minutes 56 Seconds East a distance of 4852.52 feet to a point for comer; THENCE South 89 Degrees 44 Minutes 01 Seconds East a distance of 85.07 feet to the PLACE OF BEGINNING and containing 16.30 acres of land, more or less of which 3.85 acres lies in Underwood Road; This Plat correctly represents the results of an on-the-ground survey made under my direction and supervision on 12-18-00. There are no visible or apparent intrusions, protrusions or easements except as shown hereon. I,m rTh'A :-oI t ZR R.P.I .S. s312 Date 12/10~02 #4S AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET December 10, 2002 Engineering Dave Hill, 349-8314 SUBJECT Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Pipeline Crossing Agreement with Union Pacific Railroad Company for a pipeline crossing located at Mile Post 719.73, Choctaw Subdivision, City of Denton, Denton County, Texas; Authorizing the expenditure of funds, therefore; and providing an effective date. BACKGROUND An existing sanitary sewer line at Johnson Street north of Dallas Drive is in need of replacement and is being constructed as part of the city of Denton Middle Pecan infiltration and inflow Rehabilitation project. Bids for this project were received on November 14, 2002 and a contractor is currently being selected. The existing line crosses the Union Pacific Railroad and a Pipeline Crossing Agreement is required. The Union Pacific Railroad Company has agreed to the encroachment on their right-of-way with the use of the Pipeline Crossing Agreement. OPTIONS Approve the Ordinance, or Denial, or Table for future consideration RECOMMENDATION Staff recommends approval of the Ordinance. ESTIMATED PROJECT SCHEDULE January2003 PRIOR ACTION/REVIEW None FISCAL INFORMATION The cost to the City is a $2,000.® for a one-time license fee. ATTACHMENTS Location Map Draft Ordinance License Agreement Prepared by: Denise M. Perez Technical Assistant Respectfully submitted: Charles Fiedler, Director Engineering Department *Pipeline C:ros~ing ~ At Mile Post 7i9,7r3 P ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY FOR A SANITARY SEWER PIPELINE LOCATED AT MILE POST 719.73, CHOCTAW SUBDIVISION, CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROViDiNG AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute a Pipeline Crossing Agreemem with Union Pacific Railroad Company for a sanitary sewer pipeline located at mile post 719.73, Choctaw Subdivision, City of DeNon, DeNon County, Texas which is attached hereto and incorporated by reference herein (the "Agreemem"). SECTION 2. The expenditure of funds as provided in the Agreemem is hereby authorized. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: EULINE BROCK, MAYOR PL X.DOC 940204 Form Approved, AVP-Law Folder No.2126-42 PIPELINE CROSSING AGREEMENT Mile Post 719.73, Choctaw Subdivision/Branch Location: Demon, Denton County, Texas THIS AGREEMENT is made and entered into as of the __ day of ,2002, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Licensor"), and CITY OF DENTON, a Texas municipal corporation, whose address is City Hall East, 601 East Hickory Street, Denton, Texas 76205 (hereinafter the "Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article I. LICENSE FEE Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time license fee of TWO THOUSAND DOLLARS ($2,000.00). Article II. LICENSOR GRANTS RIGHT In consideration of the license fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereat~er, during the term hereof, to maintain and operate 8.625" Sanitary Sewer pipeline crossing (hereinat~er the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated October 4, 2002, marked Exhibit "A". Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than the above-mentioned, and said Pipeline shall not be used for any other use, 'whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article IH. CONSTRUCTION, MAINTENANCE AND OPERATION The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit "B", hereto attached. Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR Ifa contractor is to do any of the work performed on the Pipeline (including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its contractor to execute the Railroad's for Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the Contractor's Right of Entry Agreement. Article V. INSURANCE The Licensee, at its expense, shall provide the Licensor a Certificate of Insurance, identifying Folder No. 2126-42, issued by its insurance carrier, confu'ming the existence of such insurance and that the policy or policies contain the following endorsement: UNION PACIFIC RAILROAD COMPANY is named as an additional insured with respect to all liabilities arising out of the existence, use or any work performed on or associated with the 'Pipeline' located on Railroad right-of-way at Mile Post 719.73 on the Choctaw Subdivision, at or near Denton, Denton County, Texas. Licensor agrees that all of its Licensee's insurance requirements may be satisfied by self- insurance. All insurance correspondence shall be directed to: Folder No. 2126-42 Union Pacific Raikoad Company Real Estate Department 1800 Famam Street Omaha, NE 68102 Article VI. AMENDMENT OF EXHIBIT B Sections 7(b) and 10 of Exhibit "B", hereto attached are hereby amended to read as follows: Section 7(b) in addition to other indemnity provisions in this agreement, the Licensee shall indemnify and hold harmless the Licensor fi:om and against all costs, liability and expense whatsoever (including, without limitation, attomey's fees, court costs and expenses) arising out of any act or omission of the Licensee, agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on Licensor's property, and (2) any injury to or death of any person employed by or on behalf of any telecommunications company and/or its contractor, agents and/or employees, on Licensor's property. Licensee shall not have or seek recourse against Licensor for any claim or cause of action by alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Licensor's property or a customer or user of services of the fiber optic cable on Licensor's property. Section 10 INDEMNITY As used in this section, "Licensor" includes other railroad companies using the Licensor's property at or near the location of the Licensee's installation and their officers, agents and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorney's fees which may result fi:om: (a) injury to or death of persons whomsoever (including the Licensor's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and (b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody). As a major inducement and in consideration of the license and permission herein granted, the Licensee agrees, to the extent permitted by law, to indemnify and hold harmless the Licensor from any Loss which is due to or arises from: 1. The prosecution of any work contemplated by this agreement including the installation, construction, maintenance, repair, renewal, modification, reconstruction, relocation, or removal of the Pipeline or any part thereof; or The presence, operation, or use of the Pipeline or contents escaping therefrom, except to the extent that the Loss is caused by the sole and direct negligence of the Licensor. ARTICLE VII. TERM This agreement shall take effect as of the date first herein written and shall continue in full force and effect until terminated as herein provided. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By: Contracts Representative CITY OF DENTON By: City Manager Witness: X FORM OR 0404 PLACE ARROW IN01CAT[NG NORTH e/ - ' DIRECTION RELATIVE TO CROSSING q,~y REV. 5-15-98 .. ~/ www. uprr.com ENCASED NON'FLAMMABLE .2/ PIPELINE CROSSING NC-' ..... -)/ ~'~?~'7 NO ~CAL~ F LLED IN TO PaOC~55 T~15 APPLICATION. (DESCRIBE FixED oe~[ct} (SEE NOTE &) ~ (SEE NOTE 5) At LOCATIONS NO1 USING SECT~ON~ 70 A LEGAL SURVEY LIN~ I~ REOUlaE0) ~ :' I ~.o~_ ~ ~ STEEL CASING WALL I THICKN~55 CASING PIPE ~ [ ~O~OBEO % ~~ ,2500" I/4": 12" OH LES5 , 3750" 3/8", OVER t8"-22" ~SElC C~$1NG ~ ~'r~ CASING Ple[l(se* Nofe l) ~3 ,T~ a,~/ ~j 6250"5625" 9/16"5/8. 0vEROVER 42"-48"34"'42" / / ~ [ ~ CI~R ,,, P; - ~ ~ APPROVED 8Y R.R. C0. / ' ' ~ ~ NOTE: THIS CHART IS ONLY '--~ 2 0 ~ IS r?, J' ~ Ii PIPES WITH MINIMUM YIELD / ' STRENGTH 0r 35~0OO PSI, S eT, ' I ~~ FT. ~ I LENGTH WITH ANGLE OF ~ ~' FT, ~ I CROSSING OTHER THAN I I ALL NORI ZONTAL DISTANCES T0 8E MEASURED At ~IOHT ANGLES FROM ~ OF TRACK, ~ 5 IN A~ BEYON0 LIMIT 0r RAILROAO RI~HT-0~-~AY IF NECESSARY TO PROVl0E PROPER LENGTH OUTSIDE 0~ TanC~, MIN. DIST. 3) MINI~ Or 50' FROM THE ENO O~ ~Y RAILROA0 B~IOGE~ · Or ANY C~VERT, OR FROM ANY SWITCHING AREA. ~ (~TE 4~ SIGNAL REPRESENTATIVE ~ST BE PRESENT O~ING INSTALLATION IF RAILROAO SIGNALS ARE IN THE VICINITY Or C~OSSINC. 5) ALLOWASL~ FIXED ~JECT$ INCLU0[: 8ACKWALLS 0F BRIBGESI ~ Or ROA0 CROSSINGS 8 0VERHEA0 VIADUCTS (Give ROkO N~[}, OR CULVERTS. S FEET 0~ ?H~ EXlST[~ FIB[n OPTIC CABLE ~St BE HANO DUG, A) 15 PIPELINE CROSSING WITHIN DED[CATED STREET ? YES; No; EXHZB[T D) O[STRI~UTION L~N~ __0N TRANSMISSION' LIN~ C~OOI~Y TO e~ CONV~ED ~~ ~~ UNION PACIFIC RAILROAD CO. WALL THICKNESS~;DIAMETER~'~C~;MATERIAL~ : , PIPE = E) CASING: .,/~ M, P E.S. WALL THICKNES$ ;01AM[TER~;MAT~R IAL NOTE :CASING MUST HAVE 2" ~dE BETWEEN O~EATEST ENCASED CROSSING AT OUTSIDE DIAMETER OF CARRIER PiPE AND INTERIOR DIAMETER OF CA$IN~ PIP~. WHeN FURNISHIN~ OIM~N$ION$~ GiVE OUT$IO~ OF CARRIER PiPE AND INSIDE OF CASING PIPE. ,.(..(~.c,,., ,c~-, F) METHO0 OF INSTALLING CASING PIPE UNDER TRACK( DRY BORE AND ,JACK (WET BORE NOT PERMITTEO); ...... TUNNEL ; OTHE~ ~G~ ~~ ~T RR FILE NO. DATE ,, Gl WILL CONSTRUCTION BE BY AN OUTS[DE CONTRACTOR?~Y[5;~ NO~ H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORg. AND w A R N [ N O JACKING PETS WHEN MEASURED AT RIGHT ANGLE5 TO TRACK 11 APPLICANT HAS CONTACTEO 1- 800- 336- 9193, (~o' mN.) l. ~LL ~C~SlONS. U. e. C~IC~tIONS OEPART~NT ~Sr 8[ CONTACTEO IN AOV~C[ U. P. CO~UNJC~TION DEPARTMENT, AND HAS DETERM]NEO FIBER or AN1 ~ tO OE~[.MIN[ tXlSt[NC[ LOCAT[~ OF FIBER OPTIC CABLE, OPTIC CABLE ~ DOES ; DOES NOT ; EXIST tN V[C[N~Y O~ PL X 980i 12 Form Approved, AVP-Law EXHIBIT B Section LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. (a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. (b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2, CONSTRUCTION, MAINTENANCE AND OPERATION, (a) The Pipeline shall be constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with Union Pacific Railroad Co. Common Standard Specification 1029 adopted November 1949, and all amendments thereof and supplements thereto, which by this reference is hereby made a part hereof, except as may be modified and approved by the Licensor's Vice President-Engineering Services. In the event such Specification conflicts in any respect with the requirements of any federal, state or municipal law or regulation, such requirements shall govern on all points of conflict, but in all other respects the' Specification shall apply. (b) All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. (c) Prior to the commencement of any work in connection with the construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out the method and mcmner of handling the work, including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Vice President-Engineering Services of the Licensor and then the work shall be done to the satisfaction of the Vice President-Engineering Services or his authorized representative. The Licensor shall have the right, if it so elects, to provide such support as it mc~' deem necesscn-y for the safety of its track or tracks during the time of construction, m~ntenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall hc~e been rendered therefor, all expense incurred by the Licensor in connection therewith, which expense shall include all assignable costs. (d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. Section 3 NOTICE OF COMMENCEMENT OF WORK. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection ~th the construction, mc~intenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. plx,exb Page I of 4 Exhibit B PL.X 980'112 Form Approved. AVP-Law Section 5. REINFORCEMENT, RELOCATION OR REMOVAL OF PIPELINE. (a) The license herein granted is subject to the needs and requirements of the Licensor in the operation of its railroad and in the improvement and use of its property, and the Licensee shall, at the sole expense of the l.icensee, reinforce the Pipeline, or move all or any portion of the Pipeline to such new location as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor shall find such action'necessary or desirable. (b) All the terms: conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION, The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. (a) Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall: telephone the Licensor at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(les) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense, and will commence no work on the right of way until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. from ~d ~1 costs, ~ili~ ~d e~ense wh~so~er (~clu~ng, ~thout lift.ion, ~torneys' fee~cou~,,g~enses) ~g~s[ c~sed by the negligence of the ~censee, its contractor, agents ~or employees, ~ ~' ~'[:~:: :z~:? to or destruction of ~y telecommumc~ions system on ~censor's prope~, z~ ::,:f, :: n? ::: r: c:-~Tc: '., ~rson employed by or on behalf of ~y tel~ommu~c~ions company, ~or .: c :r"~':';c:::,'_,[L,~~:~'~ploy~s, on ~censor's prope~, except if such costs, li~iliW or e~enses ~e c~sed solely by th~ ~,~:gligence of the ~censor. ~censee fu~her a~ees th~ it shall not h~e or seek recourse against h: ~?~laim or c~se o~ action for ~l?ed loss of profits or revenue or loss of sedco or other consequenti~:~,~: teleco~unication comply using ~censor s properW or a cq~tomer or user of se~ces of the fiber NS FOR ~OR ~D ~R~; T~S. (a) The Licensee shall fully p~ for all m~erials joined or affixed to and l~or performed upon property of the Licensor in co~ection ~th the const~ction, m~nten~ce, repmr, renewS, mo~ficmion or reconstruction of the Pipeline, ~d shall not permit or suffer ~y mechamc's or m~erialm~'s lien of any kind or nmure to be enforced against the property for any work done or materials furnished thereon ~ the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold h~mless the Licensor agmnst ~d from any ~d ~1 liens, clams, dem~ds, costs ~d e~enses of whosoever n~ure in ~y w~ connected ~th or gro~ng out of such work done, labor performed, or m~erials furnished. (b) The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared plx.exb Page 2 of 4 Exhibit B PL X 980112 Form Approved, AVP-Law with the entire value such property Section 9. RESTORATION OF LICENSOR'S PROPERTY In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner move or disturb any of the other property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demcmds, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any other property of the Licensor. Set INDEMNITY causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees:~..:~;~.~,:~:i~ "may result from: (a) injury to or death of persons whomsoever (including the Licensor's officers, agents, and ~es, the Licensee's officers, agents, and employees, as well as any other person); and/or (b) damage to or loss or des~r,~on of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other prc~ ,.ne Licensor, ........ or~= T ~ property in its care or custody). . //~~ (b) As a major inducement and in consideration of the ~. permissian herein granted, the Licensee agrees to indemnify and hold harmless the Licensor from a~s due to or arises from: maintenance, fez.: odification, reconstruction, relocation, or removal of the Pipeline or any par~ thereof; or / t 2. .,,,,,~e presence, operation, or use of the Ptpehne or contents escaping therefrom 'Le'~ / ~ ¢ ion 11 REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may do such work of removal and restoration at the cost and expense of the Licensee. The Licensor may, at its option, upon such termination, crt the entire cost and expense of the Licensee, remove the portions of the Pipeline located underneath its roadbed and track or tracks and restore such roadbed to as good a condition as it was in at the time of the construction of the Pipeline, or it may permit the Licensee to do such work of removal and restoration to the satisfaction of the Licensor. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any damage sustc~ined by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee. Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition. ~ovenant or agreement herein contained to be kept, observed ~nd performed by the Licensee shall in no way impair the right c ihe Licensor to avail itself of any remedy for any subsequent ~reach thereof. plx.exb Page 3 of'4 Exhibit B PL X 980~ 12 Form Approved. AVP-Lav.' Section 13. TERMINATION. (a) If the Licensee does not use the right herein grartted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice. (b) In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice g~ven by either party hereto to the other on any date in such notice stated, not less, however, than thirty (30) days subsequent to the date upon which such notice shall be given. (c) Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14 AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement, in whole or in part, or any rights herein gr~--nted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwtse, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 15 SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. plx.exb Page 4 of 4 Exhibit B 12/10~02 #4T AGENDA INFORMATION SHEET AGENDA DATE: December 10, 2002 DEPARTMENT: Parks and Recreation ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, approving a new lease contract between the City of Denton and The Fundamentals Program, Inc. dba ONCourse USA to provide golf range operations for North Lakes Park in the City of Denton. BACKGROUND The City entered into a lease agreement with The Fundamentals Program, Inc. dba ONCourse USA on March 8, 1999. The lease agreement expired on March 7, 2002. The lessee has continued to operate the driving range as a "hold over tenant" until the lease agreement could be renegotiated. OPTIONS Approve new lease contract; allow tenant to remain as a "hold over tenant;" or terminate tenant's right to remain as a "hold over tenant" and close the driving range in North Lakes Park. RECOMMENDATION Staff recommends that the new lease agreement be approved, effective January 1, 2003. ESTIMATED SCHEDULE OF PROJECT Initial term for the new lease is January 1, 2003 - December 31, 2006. The lease may be renewed and extended upon mutual agreement for three (3) additional five (5) year periods. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The original lease was approved by council 2002. Council amended the lease on May the actual operations under the lease agreement. March 2, 1999 and expired March 7, 16, 2000, to more accurately reflect FISCAL INFORMATION The initial term of the lease is four years. The 2003 annual amount paid will be $8,500, increasing to $11,500 annually for 2006. The lease may be renewed and extended upon mutual agreement for three (3) additional five (5) year periods. EXHIBITS A. Map of golf driving range and immediate vicinity. B. Payment schedule including optional extensions. Respectfully submitted: Director of Parks and Recreation Prepared by: Program Area Manager Tennis, Athletics, Aquatics Parks and Recreation Department S:\Our Documents\Ordinances\02\Golf Range amendment.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A GOLF DRiViNG RANGE LEASE CONTRACT FOR NORTH LAKES PARK IN THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of DeNon and The Fundamentals Program, Inc. dba ONCourse USA (the "Lessee") had previously emered into a lease agreemem to provide golf range operations, said lease having expired; and WHEREAS, the City and Lessee desire to enter into a new lease for such operations; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to emer imo the Lease to operate a golf driving range operation for the period herein stated in the Lease, which is attached hereto and made a part hereof. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: S:\Our Documents\Contracts\02\GOLF DRIVING RANGE LEASE CONTRACT.doc GOLF DRiViNG RANGE LEASE CONTRACT NORTH LAKES PARK, CITY OF DENTON THIS AGREEMENT made this day of , 2002 between the City of DeNon (herein referred to as the "City"), and residing at 321 E. McKinney, DeNon, Texas, and The Fundamemals Program, inc. dba ONCourse USA (hereinafter referred to as the "Lessee"), and residing at 2509 E. Windsor, DeNon, Texas 76201. WITNESSETH: WHEREAS, the City and the Lessee have previously entered into a lease agreement to provide golf range operations, said lease having expired; and WHEREAS, the City and the Lessee desire to enter into a new lease for such operations; and NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained herein, the parties hereby agree as follows: 1. The City hereby grants to Lessee and Lessee hereby accepts from the City a lease to operate a golf driving range operation for the period herein stated and subject to all of the terms and conditions herein comained, the following described property: A portion of North Lakes Park in the City of Demon, Texas, designated on Exhibit "A", a copy of which is attached hereto and incorporated by reference herein. 2. The initial term of the Lease shall commence on the 1st day of January, 2003 and shall terminate on the 31st day of December, 2006, unless sooner terminated as herein provided, or unless City by thirty (30) days' notice in writing shall terminate the Lease, when, in its judgment, it is deemed that such termination is necessary by the operation of law, or pursuant to the terms of this agreement, or it is deemed that the leased premises are required for other City purpose or purposes. The lease may be renewed and extended upon mutual agreemem of the City and the Lessee for three (3) additional five (5) year periods. 3. Hours of Operation. The Lessee shall post the hours of operation of the Golf Driving Range in a conspicuous place in the leased area. The Lessee shall have the right to make written application to the Director of Parks and Recreation for a change in the hours of operation of the Golf Driving Range, which, upon the approval of the Director, shall become the temporary hours of operation of the Golf Driving Range. The Director reserves the right to revole the contract of the Lessee if the Lessee does not adhere to the schedule of operations. Lessee agrees to operate such Lease for the accommodation of the public using the said facility during such seasons and such times and in such manner as the City may reasonably prescribe. 4. Rental. The Lessee agrees to pay to the City rental payments in monthly installments on the first day of each month in the amounts set forth on Exhibit "B" attached hereto and made a part hereof by reference. 5. Utilities. The Cost of water, gas, electricity, and telephone service used in the operations will be paid by the Lessee. If no water, electric or gas meters are installed, the amount of water, gas, and electricity may be estimated by the Director of Parks and Recrmtion and the cost of such use will be paid by the Lessee. Should the Lessee neglect to pay any charges for electricity or other services supplied by the City when the same shall become due and payable, then the amount of said charges shall forthwith become a part of and be added to the Lease fee and shall under all circumstances and conditions be considered and be collectible with the next Lease fee then due. Failure to pay shall result in termination of this contract. The Lessee may have a telephone installed for private use, at the Lessee's own expense, and shall pay the monthly bill for same. 6. Fixed Equipment. It is understood and agreed that the Lessee shall have the use of all fixed equipment now on the leased premises belonging to the City, listed on the schedule of fixed equipment on file in the office of the Department of Parks and Recreation. The Lessee agrees to supply, maintain, and replace at the sole cost and expense of the Lessee all expendable equipment such as tractors, office equ~ment, ball-cleaning machines, and other equipment required for the proper operation of this license. Title to all equipment provided by the Lessee, except fixed equipment belonging to the City and listed on the schedule of fixed equipment, shall remain with the Lessee, and such equipment shall be removed by the Lessee at the termination of this Lease except as hereinafter provided in clause "Violations." Should any such property remain in demised premises after such expiration or termination, the Director may deal with such as though same had been abandoned and charge all cost and expense incurred in the removal thereof to the Lessee. The Lessee's obligation to observe and perform all of the terms and covenants of this Lease shall survive the expiration or other termination thereof. Should the Director determine that any equipment installed by the Lessee not appearing on the schedule of equipment belonging to the City may be removed without injury or damage, the Lessee shall remove such equipment and deal therewith as Lessee's own personal property. 7. Maintenance of Facility or Operation. and Improvements to Leased Premises. The Lessee, with the knowledge and approval of the Director, may install future structures, buildings, and equipment deemed necessary for the proper operation of this Lease and shall be responsible for full payment for same, and shall maintain all structures, buildings, and equipment, fixed and expendable, in good order and repair at the Lessee's sole cost and expense during the term of the Lease. Plans and specifications for all additional and fixed structures, buildings and equipment shall be submitted to the Director for approval before being placed, built, delivered to or installed in the leased premises, and the building or installation shall be subject to inspection and approval by the Director. Title to all fixed structures, buildings or equipment shall vest in the City immediately upon its being built or brought into the leased -2- premises. Bills of sale or other evidence of purchase shall be delivered to the City within ninety (90) days after construction or delivery as hereinabove memioned, and the schedule of fixed structures, buildings or equipment shall also list and include the exact construction or articles, which have become the property of the City during the term of this Lease. The Lessee, at the sole cost and expense of the Lessee, shall maintain that portion of the North Lakes Park assigned to Lessee in full and complete repair to the satisfaction of the Director during the term of this Lease. The North Lakes Driving Range area of the North Lakes Park, together with all structures, buildings, and equipmem, shall be returned to said City in good order, condition, and repair. 8. Sanitation. The Lessee shall keep the North Lakes Driving Range tee boxes, admission/concession facility, and the surrounding area for a distance of fifteen (15) feet clean and neat at all times. Mowing and ground maintenance of the range away from these specified areas will be the sole responsibility of the City. Removal of refuse shall be the responsibility of the Lessee who shall see that refuse pickups are made as often as required without accumulation. 9 Merchandise for sale. The Lessee shall post in a conspicuous place inside he concession area a price list of all articles offered for sale. This price list shall be submitted to the Director each season before the beginning of operation with a schedule of articles to be offered for sale only as such articles and at such prices above cost as have been approved by the Director. Such prices may be changed from time to time by agreement between the parties hereto. The schedule of prices approved by the Director shall be primed, framed, and displayed at the expense of the Lessee. 10. Personnel. The Lessee will personally operate said personnel satisfactory to the Director, and the Lessee agrees to replace said personnel or any employee, whenever demanded by the Director, upon due cause being shown. The Lessee agrees to have a sufficient number of personnel on duty at such leased areas for the proper operation of this Lease. Lessee must comply with all State and Federal regulations, including the American Disabilities Act, and must practice Affirmative Action in compliance with the City of Demon's policies. 11. Permits. The Lessee shall procure at its own cost and expense all permits or licenses necessary for the legal operation of this Lease. 12. Lease. It is expressly understood and agreed that during the term of the Lease, the Lessee shall have the use of the leased premises as herein provided; and the Lessee has the right to occupy the space assigned to it and to operate the Lease hereby granted to it and to continue in possession thereof only so long as each and every provision and condition herein comained is properly complied with. 13. Assignabilitv. The Lessee shall not sell, mortgage, rent, assign or parcel out the Lease granted, or any interest therein, or allow or permit any other person or party to use or -3- occupy any part of the premise covered by this Lease for any purpose whatsoever without first obtaining written consent of the Director, nor shall the Lease be transferred by operation of law, it being the purpose and spirit of this instrumeN to grant this lease and privilege personally and solely to the Lessee herein named. 14. Advertising. The Lessee agrees not to employ callers, criers, or use signs or any other means of soliciting business without the approval of the Director, and agrees not to advertise said Lease in any manner or form on or about the premises leased to it, or elsewhere, or in any newspaper or otherwise, without such approval. 15. Alterations. Any such repairs, alterations, decorations, additions, or improvements shall be made at the sole cost and expense of the Lessee, and shall become the property of the City immediately upon their annexation to the demised premises. 16. Damages to Premises. If buildings or structures are damaged in any way whatsoever by reason of any act or omission of Lessee or its employees, then the Lessee shall repair at its own cost and expense the building or structure so damaged. Upon the failure of the Lessee to make such repairs, the Director may repair such damage at the cost and expense of the Lessee. 17. Inspection. The Lessee agrees that at all times free access will be given to Representatives of the Director, the Department of Health and other city, county, state, or federal officials having jurisdiction for inspection purposes. The Lessee further agrees that if notified by the Director or the Director's representatives that any part of the leased premises or the facilities thereof is unsatisfactory, the Lessee will remedy the same at once. 18. Waiver of Damage. The Lessee hereby expressly waives any and all claims for compensation for any and all loss or damage sustained by reason of any defects, deficiency or impairmeN of the electrical apparatus or wire furnished for the leased premises, or by reason of any loss of any gas supply, water supply, heat or current which may occur from time to time from any cause, or for any loss resulting from fire, water, tornado, explosion, civil commotion or riot, or any act of God, and the Lessee hereby expressly releases and discharges the City, its ageNs, officers, and employees from any of the causes aforesaid and agrees to hold them harmless therefore, including attorney fees, if any. 19. Public Interference. The Lessee hereby expressly waives any and all claims for compensation for any and all damage or loss sustained by reason of any iNerference by any public official or agency, in the operation of this Lease. 20. Risk of Operation. The Lessee assumes all risks of operation of the North Lakes Driving Range and agrees to comply with all federal, state, and local laws and regulations and orders of the City of DeNon affecting the leased premises in regard to all matters. The Lessee expressly agrees to hold the City, its ageNs, officers and employees harmless from any and all claims arising out of any violation of any law, rule, regulations, or order, and from any and all claims for loss, damage, or injury to persons or property of whatever kind or nature arising from the operation of this Lease, whether the same are caused by the sole negligence of Lessee or the join negligence of the City and the Lessee, and the Lessee expressly -4- agrees to indemnify the City, its agents, officers, and employees to the extent of any recoveries against them individually or jointly arising from same. 21. Insurance Standard Provisions. All insurance policies obtained shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Lease, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. Any deductibles or self-insured retentions declared in the submitted proposal shall be met. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administraion and defense expenses. - Liability policies shall be endorsed to provide the following: 1) Name as additional insured the City of Denton, its officials, 2) agents, employees, and volunteers. That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. All policies shall be endorsed to provide thirty- (30) days' prior written notice of cancellation, non-renewal or reduction in coverage. Should any of the required insurance be provided under a claims-made form, Lessee shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term, which give rise to claims made after expiration of the contract shall be covered. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. -5- Specific Additional Insurance Requirements. All insurance policies proposed or obtained in satisfaction of this Lease shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: A. General Liability Insurance General Liability insurance with combined single limits of not less than $1,000,000 shall be provided and maintained by the Lessee. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 Current Edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. B. Automobile Liability Insurance Comprehensive or business Automobile Liability insurance shall be provided by the Lessee with limits of not less than $500,000 per occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. This policy will include bodily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use. (ISO Form CA 0001 Current Edition) C. Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in -6- addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees, and volunteers for any work performed for the City by the Named Insured. 22. Violations. Should the Lessee breach or fail to comply with any of the provisions of this agreement, or federal, state, or local laws or any rule, regulation or order of the Department of Parks and Recreation affecting the Lease or the leased premises in regard to any and all matters, the Director may, in writing, order the Lessee to remedy such breach or to comply with such provisions, laws, rules, regulations, or order, and in the event that the Lessee fails to comply with such written order within forty-eight (48) hours from the receipt thereof, then this Lease shall immediately terminate and end as though it were the time provided for tle termination thereof, if said breach or failure to comply is corrected, and a second or repeated violation of the same rule, provision, law, regulation or order follows thereafter, the Director by notice in writing may revoke or terminate this Lease, such revocation and termination to immediately become effective on the mailing thereof, the Lease to terminate as though it were the time provided for the termination thereof. Should the Lessee be convicted of a crime related to or affecting the operation cf the Golf Driving Range, the Director may terminate this Lease by notice in writing immediately effective on mailing, the Lease to terminate as though it were the time provided for the termination thereof. Should the Director, in his/her sole judgment, decide that the Lessee is not operating the Lease herein granted in a satisfactory manner, then the Director may terminate this Lease by notice in writing immediately effective on mailing, the Lease to terminate as though it were the time provided above for the termination thereof. In the event the Lease terminates as aforesaid, or for any reason whatsoever as elsewhere provided in this Lease, all rights of the Lessee therein shall be forfeited without any claims for damage, compensation, refund of its investment, if any, or any other payment whatsoever against the Director or the City. In the event this Lease terminates as aforesaid, any property of Lessee within said Lease area may be held and used by the City in order to operate said Lease during the bahnce of the calendar year and may be held and used thereafter until all indebtedness of Lessee hereunder at any time of termination of this license is paid in full. 23. Notice. Where provision is made herein for notice to be given in writing, the same may be given by mailing a copy of such notice to the Lessee by registered mail, addressed to the address hereinabove or any such other address as shall be filed with the Director, or by delivering a copy of said notice to the Lessee or any other person in charge of the leased premises. 24. Surrender. The Lessee, at the expiration or sooner termination of this Lease, shall quit and surrender the leased premises and all property listed on the schedule of fixed equipment on file at the office of the Director of Parks and Recreation, belonging to the City in as good -7- condition as when taking possession thereof, reasonable wear and tear and damage by the elements expected. The Lessee shall be held responsible for all fixed equipment listed on the aforesaid schedule of fixed equipment belonging to the City and shall surrender the quantities listed on said schedule of fixed equipment, which belongs to the City and which should be at the leased premises by virtue of the premises of this Lease. 25. Security Deposit. The Lessee shall provide the City with a security deposit in the amount of Five Hundred Dollars ($500), prior to the opening of the Golf Driving Range to the public. 26. Relief. The Lessee may, in the discretion of the Director of Parks and Recreation, be relieved in whole or in part of any or all obligations of this agreement for such stated periods of time as the Director may deem proper upon written application showing circumstances beyond the Lessee's control warranting such relief. 27. Director. Wherever the term "Director is used in this agreement, it shall also be construed to include the City Manager as well as the Director of Parks and Recreation, or any other assigned agents as the Director deems necessary. IN WITNESS WHEREOF, the parties hereto have executed this Lease this day of ,2002. CITY OF DENTON, TEXAS BY: Michael A. Conduff, City Manager APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: THE FUNDAMENTALS PROGRAM, INC. dba ONCourse USA BY: Name: Title: -8- Exhibit A ]] North Lakes Park Golf Driving Range Area / Recreation Center 639 BONNIE EXHIBIT B Golf Driving Range Lease Agreement for 2003-2006 INCLUDES THREE (3) FIVE YEAR EXTENSIONS FROM 2007-2021 IF DEPARTMENT ELECTS TO RENEW LEASE YEAR MONTHS PAYMENT ANNUAL AMOUNT 2003 12 $708.33 $8,500.00 2004 12 $791.66 $9,500.00 2005 12 $875.00 $10,500.00 2006 12 $958.33 $11,500.00 TOTAL $40,000.00 First Five (5) Year Extension, If Approved YEAR MONTHS PAYMENT ANNUAL AMOUNT 2007 12 $1,041.66 $12,500.00 2008 12 $1,041.66 $12,500.00 2009 12 $1,125.00 $13,500.00 2010 12 $1,208.33 $14,500.00 2011 12 $1,375.00 $16,500.00 TOTAL $69,500.00 Second Five (5) Year Extension, If Approved YEAR MONTHS PAYMENT ANNUAL AMOUNT 2012 12 $1,375.00 $16,500.00 2013 12 $1,375.00 $16,500.00 2014 12 $1,375.00 $16,500.00 2015 12 $1,375.00 $16,500.00 2016 12 $1,375.00 $16,500.00 TOTAL $82,500.00 Third Five (5) Year Extension, If Approved YEAR MONTHS PAYMENT ANNUAL AMOUNT 2017 12 $1,375.00 $16,500.00 2018 12 $1,375.00 $16,500.00 2019 12 $1,512.50 $18,150.00 2020 12 $1,512.50 $18,150.00 2021 12 $1,512.50 $18,150.00 TOTAL $87,450.00 12/10/02 #5A AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: December 10, 2002 Economic Development/Main Street CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, designating the property located at 424 Texas Street as a Historic Landmark under Section 35-215, Article V of Chapter 35 of the Code of Ordinances providing for a penalty in the maximum anount of $2,000 for violations thereof; and providing for an effective date (The Historic Landmark Commission recommends approval 5-0. The Planning and Zoning Commission recommends approval, 7-0). (SI02- 0014) BACKGROUND This structure was built in 1912. The third owner of the house was Henry Blagg, father of Mary Blagg-Huey, first female president of Texas Woman's' University. This property is listed as a high priority in the Denton Historic Resources Inventory. OPTIONS 1. Adopt the ordinance. 2. Decline adoption. 3. Table this item for further deliberations. RECOMMENDATION The Historic Landmark Commission Commission recommends approval (7-0). recommends approval (5-0). The Planning and Zoning ESTIMATED PROJECT SCHEDULE NA PRIOR ACTION/REVIEW James Clement, owner of 424 Texas Street, made application for Historic Landmark designation for this property. The application is thoroughly documented and well prepared. The property at 424 Texas Street has been submitted under the following criteria: ~ Criteria 3: Embodiment of distinguishing characteristics of an architectural type or specimen. (Largely unaltered four-square design) ~ Criteria 11: Identification with a person or persons who significantly contributed to the culture and development of the City, State or United States. (Childhood home of Mary Blagg-Huey, first female president of TWU.) The structure clearly meets the criteria and has sufficient data for consideration as Landmark. The Historic Landmark Commission recommended approval (5-0) on August The Planning and Zoning Commission recommended approval (7-0) on November 13, 2002. a Historic 12, 2002. FISCAL INFORMATION Properties receiving Historic Landmark designation receive a 50% exemption on City ad valorem taxes for fifteen years. Based on the current assessed valuation of $125,366, this property would receive an annual exemption of $343.59. ATTACHMENTS Application for Historic Landmark designation Excerpt from minutes of the August 12, 2002 Historic Landmark Commission meeting Excerpt from minutes of the November 13, 2002 Planning and Zoning Commission meeting Ordinance Prepared By: ~-hlie Glover Denton Main Street Program Manager Respectfully submitted: Linda Ratliff Director of Economic Development HISTORIC SITE MARK~ PETITION FINAL ~PLI~T!ON CITY OF DENTON, ~YJiS LEG~ D~CRIPTION (LOT gaYD BLOCK OR ~TES ~ BO~S - A~ACH EY~IBIT "A" IF NEC~SARY)' PRESET USE, IF NOT SAblE - RELATIONSHIP OF APPLI~ TO C~NT 0~: ZON ! NG: (Also complete E~ibit NAME OF O~ER(S) ADDR~S TELEPHO~ ~F~ gnature Of ,/2 ppl Signature of Owner (i:f different than applicant) Final Application Page 2 CONSTRUCT ION/DESCRI PTION: 1) DATE(S) OF HISTORICAL OCCURRENCE, CONSTRUCTION OF FEATURE, PERSON, INSTI- TUTION OR ARCHAEOLOGICAL SITE: 2) 3) DEMONSTRATE THE IMPORTANCE OF THE EVENT, FEATURE, PERSON OR INSTITUTION. DETAILED EXPLANATION OF WHY THIS SITE MARKER WILL BE OF IMPORTANCE TO THE ENTIRE COMMUNITY. (complete Exhibit "A") DOCUMENTATION USED TO VERIFY ABOVE. ATTACH COPIES FOR PERMANENT FILES. (N~qSPAPERS, GOVE~NT RECORDS, HISTORY BOOKS, PHOTOGRAPHS, etc.) Label as Exhibit "B": National Register? Recorded Texas Landmark? __ Local surveys or recognition? 4) ARCHITECT: 7) R~FING: 8) DOORS: 9) WINDOWS: 10) PORCHES: 11) OUTBUILDINGS: 12) LANDSCAPING AND FENCING: 21Slk/4 Loan No: NB01107981 Borrower: JAMES L. CLEMENT Data ID: 605 ' - LEGAL DESCRIPTION EXHIBIT "A" SIIUAIED in the City of Denton, Denton Cooaty, Texas, in the B.B.B. & C.R.R. Survey Abstract No. 185, being the north 120 feet of hots 12 and 13 of the Industrial School Addition, an Addition to the City of Denton, as shown by mop recorded in Volume 92, Page 318 of the Deed Records of Denton County, Texas. and being more particularly described as follows: BEGINNING at a I/2 inch set iron rod in 'the South line of Texas Street, said point beth9 the Northwest corner of Lot 12 of said Addition; THENCE South 89 deg. 37 min. 46 sec. East with the south line of Texas Street, possin9 at a distance of 50 feet, the northeast corner of said~Lot I2 and,,xt,h,e northwest corner of said Lot 13, in all a distance of 96.70 feet to an set in concrete in the west line of Bell Avenue: THENCE South O0 deg. 08 min. 12 sec. West with the west line of Bell Avenue o distance of 120.00 feet to o 1/2 inch iron rod set: THENCE North 89 deg. 37 min. 46 sec. West o distance of 96.70 feet to o 1/2 inch iron rod set: THENCE North O0 deg. 08 min. 12 sec. East with the west line of said lot 12, o distance of 120.00 feet to the PLACE OF BEGINNING {:nd containing 0.266~ acre or 11,604 square feet of land. Nos. 12 and iS of the Industrial School Addition to the Cl'cy of Denton, as ah~W~ by the m~p or plat of said A~dition, rscordo~ in I~91~ .~, pa~ 312, ~d ~cor~s of D~n~on and mo~ particularly described as follows: ~G~NG a~ the. No:~h~s~ oo~er cf sal~ Lo~ No..lZ Of ~aid Addition; ~st wits ~e North %0~dary line of said ~t ~. 12, ~s~ing oorne~ of sai~ Lo~ NO. 12 and .~o Northw~ co~e~ of ~ Mo. 1S and coa~lnul~ along ~e North bo~da~ ling of ~t No. 13 of said Addition, 100 ft. to ~e No~th,~mst co,er thereof; ~Cg ~u~a wX~h the ~s~ Do~da~ ~tne of said ~ No. la, 120 f~. a s~ake E~OE '~st parallel with the North bo~dsry lln~ of 'said ~s Nos. 13 and la, 100 f~. to a point In the Wes~ bo~d~ lino of said ~ No. 12, 120 f:. South fF~ no~n~ thereof; E~NC~ North ~tth the West bo~a~y, line of ~ ~ No. 12., lZO f~ .to begl~ing, ~e being the No~th 120 f~ of Lot~ Nos. 12 and 1~ of the Industrial School Addl:lon to the City of Den%on~ ~.id. ~ H.%~ .~TO HOLD tho above described pr~mXses, togethe~ wl~h all and singular, ~he rights ~n~ app~tenan~,es %hereto in gneiss belongl~ ~to :he sai~ Henry H. ~agg, his heirs ~n~~ aspics forever; and we do hereby bind o~selves, o~ heirs, executors an~"a~inis- tr~o~s, ~o ~rrant and ForoveF ~fe~ all and ming~a~ ~he said premises ~o t~e said Hgnry Ii. Blagg, his heirs and assigns, agains: 9very person whomsoeve~ lawfully c~.l~ing, claim the same, or a~ pa~ thereof. '*. ~ it is expressly ag2e~d and s~ipu~e& t~ the Vo~o~'s Lien Is ~etained the shove described propeFty, p~lses und ~provem~a~s, ~il ~he above described note and all interes~ thereon ar~ fully paid acco~dl~ to its face and ~nor, effec: and ~eadinE, w~en this deed shall become absoiu~e. ~ESS o~ ~nds at ~nton,~xas, this ZSth. day of Jsn~,A.D. $4,50 U.S,I.2. stamps attached &canC. ~4,S0 State Tax stoups attached &canc. John T.Campbell Mary L.Oampbell THE STATE OF TE~S COUNTY OF D~TON ! Before me, thc undersigned authority, a Notary Public, in and for Denton County,Texas, on this day personally appeared John T. Osmpbsll and Mary L. Campbell, his wife, both kno~ to ~s to be the per~ons whose n~mes are subscribed to the foregoing in- strument, end acknowledged to ms that they each executed the same for the purposes and con- side~at£on therein expressed, and tho said ~ry L. Campbell, wife of the s~ld John T. Campbell, having been examined by me privily Grid apart £rom h.r husband, and having the same fully explained to her, she, t~e said Ma~y L. Campbell, ~cknowlcdgad Such instrument to be her act and dead, and she decl~ed that she h~ ~tllingly signed the name for tha p~possa an~ consider- ation therein expressed, and that she did not '~lsh to retract it. GIV~! UNDER MT HAND A~D SEAE 0F 0gFICE, this 2$th. day of J.E. Stroud, Nota~-j Public, ~D Y0R I~0RD: Jan. 31st. A.D. 19S9~ ~t 9:~S O'clock A. M. 2:~0. o'clock P.M. M:s. Oberia Feb. llth, ~nton EXHIBIT "C" LEGAL DESCRIPTION 2151k/5 5,/8*FIR 99.80' (100' Per Deed) Lot It (~ Bruce Whitmore. et al Vat. 883, Pg. 127 D.R.D.C.T t/2"S~R 424 TEXAS STREET Concrete Pavement, 80' ROW 6 E-96.70 c ..... te Walk '×" set 46.7' 1/2"SIR Lot 12 /Chain Link Fence 33,8' #424 Two Story Frame Lot 15 34.5' · Wood Parch 11,604 SF /0.2664 AC. 'o /Wood rencs/~V i~ o~ 46 W 96.70' Tom D, dester, dr. Vol. 1101. Pg..31~. D.R.D.C.T. 1/2"SIR ' November 13, 1998 This is to certify [hot t hove this day mede a careful and accurate survey of the following described property SITUATED in the City of~ Denton. Denton County, Texas, in the B.B.B. &; C.R.R. Survey Abstract No. 185, being the north 120 feet of Lots 12 and 15 of the Industrial School Addition. on Addition to the City of Denton. as shown by map recorded in Volume 92, Page 318 of the Deed Records of Denton County, Texas, and being more particularly described os follows: BEGINNINO at o I/2 inch set iron rod in the South line of Texas Street, said point being the Northwest corner of Lot 12 of said Addition; THENCE South 89 deg. 37 min. 46 eec, East with the south line of Texas Street, passing at o distance of 50 feet. the northeast corner of said Lot 12 and the northwest corner of said Lot 13. in oil a distance of 98.70 feet to an "X" set in concrete in the west line of BeU Avenue: THENCE South 00 deg. 08 mln· 12 sec, West with the west line of 8ell Avenue o distance of 120.00 feet to o 1/2 inch iron rod set: THENCE North 89 deg. 37 min. 46 sec. West a distance of 96.70 feet to o 1/2 inch iron rod set: THENCE North 00 deg. 08 min. 12 sec, East with the west fine of said lot 12, o distance of 120,00 feet to the PLACE OF' BEGINNING and containing 0.2664- acre or tl.604 square feet of land. This plot is o true and correct representation of the property described hereon to the best of my professional knowledge and belief There ore no encroachments or protrusions exept os shown. Samuel E Luscombe Ld Z~o LLJ~ <i LLle SCALE 1" = 20' BEARING BASIS IS TEXAS STREET per replot of Lot 8-R Industriol School Add Cob. F, Pg. O.F, No. 81096 Sam Luscornbe - Surveyor 1601 Woddill St. Suite 103 C ~cKinney. Texas, 75069 (972) 548-9315 EXHIBIT "D" CHAIN OF TITLE OF SITE AND/OR ENTERPRISE Instructions: List the ownership title from the present to original owner. 1) List this information beginning with most recent. 2) Attach copies of each instrument. NAME OF OWNER(S) BOOK-DEED TYPE OF RECORDS/ INSTRUMENT DATE VOLUME/PAGE REAL PROP. (WARRANTY DEED) NUMBER RECORDS 2151k/6 for Denton CountY,Texas, on this day personally appeared J.,U. ~De.,~n;')l~.~e~ident"'cf The Denton County National Bank of Denton, -Dcnton, Texas, a corpo--~ation,)known to me to be the person whose name is ~ubscribed to the foregoing lnstr~aent', end acknowledged 'to me that he executed the same for the purposes and consideration therein expressed, ss the act and deed of said Bank and in the capacity therein stated. GI~'~N U~DER MY PL~ND AND SEAL OF OFF' ~, this 2?th. day of January,A.D. 19S~. Lorayns Mor~n, Notary Public, ( seal ) Denton County, Texas. FILED FOR RECORD: Jan. 28th. A.D. 1939, at 2;30 O'clock P. M. RECORDED: Feb. llth. A.D. 193~. at 2 O'clock P. ~. Mrs. Oberis Edwards, County Clerk, Denton County, Texas. ~5075- '.fARRANTY DEED: ~ STATE OF TEIAS J COU~TY OF D~:TON J KNOW AiL .}~EN 5"f T~SE P~: ~t we, Jo~ T. Campbell and wife, ~;ary L.Oampbell, of the Gouty of ~nton, State of ~s, for and in consldem~tlon of the s~. of Fo~ ~ousand Five H~&red cnd 00/lOG dollars, to us paid, by Henry H.Bl~gg, ~he receipt of which is hereby fully acknowledged, the s~ of $4500.00 being ~ldenced by one certain promisso~ Vendor's Lien note of even ~te herewith executed by He~y H.~a~, the grantee, pmymble to the order of M~ttie ~oyd ~o~en, a fame sole, due on or before thirty d.~ys after date, be~ring interest fr~ date at the rate of six per cent,,per ~nn~, interest payable with principal, both principal and interest payable at Denton, Texas, and containing thc usual ten per cent ~tturney's fee clauses, said s~ money ~ving bee~ advanced by the amid ~sttie Lloyd ~ooten at the special instance and request of the grantee and for his special use and benefit es the p~c~se money of the hereinafter described property, the receipt of which Is mcknowledged by ~he grantors, and it Is ~greed that the vendor's lien Is reserved In this conveyance to secure the p~yeo or other holder of sntd note in the pa~ent of the s~me 'and such payee shall be subrogated to all the r[~ts, title, liens, equities and remcdiec which the grantors would ~ve if said note were payable to them, and the grantee by the acceptance of thla deod acknowledges tae Vendor's Lien in f~vo~ of the payee or othsr holder of s~id note herei~bove describsd end t~t the vendor's lien on the he~l~fter described property s~ll re. In ~n ~ll force and effect ~,til said ~te sh~ll be fully paid mhd dlsc~rged, have Granted, Sold and Conveyed, ~nd by these presents do O~ant, ~ll and Convey unto the said Henry ~.~agg, of the Co~ty of Sta~e of Te~s, all t~ cer~ln lot. t~ct or ~rcel, of land st~ted in the City and Co~ty of ~nton, ~t~te-of Te~s, out of the B. B.B.. C. R.:R. ~o. S~vey, ~tented to~o~ R. ~n~, ~ 5O Nos. iS and 13 of the Industrial ,School ~ddition to the City of DenSon,-as.s.~.wn by end mo~ particularly described as follows: ~G!~NG a~ ~he. Northwos~ co.er of said Lo~ No.'.~ of caid Addition; ~ ~st wl~n ~e North bo~dary line of said ~ No.~ 1E, ~s~i~g co.er of said Lo~ No. 12 and ~he Northwest co.er of ~ No. 1~ and com$1nul~ alo=g ~he North bo~dary line~ of ~t No. l~ of said Addition, 100 f~. to ~e Nor~ems$ co.er thereof; ~MCE ~u~h wi~h t~e ~s~ ~o~dm~ ~tne of said ~ No. l~, 1E0 f~. a s~ake for ~CE ~s~ p~rallel wi~h the North bo~dary llne of said ~s Nos. 15 and 1~, 100 ft, to a point in the WeSt bo~a~ line of said ~ No. 1E, 1E0 f~. ~uth fr~ the corner ~hereof; ~NCE North ~i~h ~he ~es$ bondage, llne of ~ ~$ No. 12~, 120 f~ ~o the place of begt~ing, ~me being ~he North 1E0 f~ of Lots Nos. 12 and l~ of the Indus~ria! School Addition ~o ~he City of Denton, ~ld. ~ F.k~ .~D T0 HOLD ~he above described premises, ~oge~her wl~h al~ and singu~r, the rights and app~enan~es thereto in an~lse ~elongi~ ~o the said Henry H. ~agg, his heirs ~nd sssl~s forever; ~nd we do hereby ~ind o~selves, o~ heirs, executors and~inis- ~ra$ors, ~o ~r~n~ ~nd Forever ~fend all and ~ing~ar ~he said premises ~to ~e said Henry H. Blagg, his heirs and assigns, a~lns$ every person whomsoever lawfully c~%ming, or ~ i~ is expressly agreed and s~ipula~ed ~ the VaPor's Lien is reta~ed :bm a~ove described proper~y, praises and ~provemen~s, ~ll ~he above described no~e and all in~eres~ ~hereon are fully paid accordf~ to its face and ~nor, ef~ec~ and reading, when thls deed sh~ll become absolute, ~E~ our ~nds a~ ~n~on,~s, ~his ESt.. day of Jan~,A.D. John T.O~mpb~ll Mary L.Gampbell $4.50 U.S.I.R. stamps attached & canc. $4.~0 State Tax stamps attached & canc. THE STATE OF TEXAS $ COUNTY. OF D~TON $ Before me, the undersigned authority, e Notary Public, in and for Denton County,Texas, on this day personally appeared John T. Campbell and $~ary L. Campbell, his wife, bo~h kno¥~ to ma to be the persons whose names are subscribed to ~he foregoing in- strument, and acknowledged to me that they each executed ~he same for the purposes and con- sideration therein expressed, and the said M~ry L. Campbell, wife of the s~id ~ohn T. Campbell, having been examined by me privily ~nd aper~ from her husband, and having the same fully explained ~o her, she, ~e said Mary L. Campbell, acknowledged such instrument to be her acs and deed, and she declnred that she had willingly sig~ed the came for the pUrposes and consider- ation therein expressed, and that she did not wish to retract it. GIVEN UNDER M~ ~.EAND AND SF~L OF OFFICE, this 25~h. day of ~anuary, J.E. S~roud, Notary Public, ~seal) Denton County,Tezes. FILED FOR I~EOORD: Jan. 31st. A.D. 1959~ ut 9:45 O'clock A. L!. ~ECORIPED: Feb. llth. A.D. 19~9, e~ ~:~O. 0'~lock P.M. Mrs. 0beria Edward~, County Clerk, · Denton Ooun~y,Tex~s. Loan No: NB01107981 Borrower: JAMES L. CLEMENT Data ID: 605 ~cturn to: FIRST CONSOLIDATED MTG. CO. ATI'ENTION: JANEY HERRERA 3535 TRAVIS STREET, ~',q30 , DALLAS, TX 75204 [Space Above This Line For Recording Data] DEED OF TRUST THIS DEED OF TRUST ("Security Instrument") is made on the 14th day of December, 1998. The grantor is JAMES L. CLEMENT, A SINGLE MAN ("Borrower"). The trustee is MICHAEL L. RIDDLE, whose address is 2323 BRYAN STREET, SUITE 1600, DALLAS, TEXAS 75201 Thc beneficiary is FIRST CONSOLIDATED MORTGAGE COMPANY, A CORPORATION, ("Trustee"). which is organ/zed and ex/sting under the laws of the State of TEXAS, and whose address is 3535 TRAVIS STREET, SUITE 130 DALLAS, TX 75204 ("Lender"). Borrower owes Lender the principal sum of NINETY-SEVEN TttOUSAND SEVEN HUNDRED FIF~I~f and NO/100 ..... Dollars (U.S. $ 97~750.00). This debt is cvidenccd by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on January 1, 2029. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and thc Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in DENTON County, Texas: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF la.'hich has the address of 424 TEXAS STREET, [Street] TEXAS 76201 [¢ityl DENTON, [Zip Code] ("Property Addrcss"); EXHIBIT "E" CONSTRUCTION (}fnere Applicable) Instructions: List chronologically and with as much detail as possible, dates the structure was built, builder, cost of improvements, and detailed descriptions of improvements. Include any significant remodeling with particular attention to exterior changes. Attach copies of all building permits, mechanic's liens and deeds of trust. CONTRACTOR'S DETAILED DESCRIPTION DATE NAME & NATURE OF WORK COST TYPE OF LEGAL INSTRUMENT,~ ~VOLUME AND PAGE 2151k/7 EXHIBIT "F" SURVEYS Instructions: 1) Attach subdivision map or Old Town Plat; 2) attach copy of old surveys you have and the on-the-ground survey when you purchased the property, or a current on-the-ground survey locating all improvements, easements, access to public roads, public improvements, encroachments and protrusions. 21Slk/8 5/8"FIR 99.80' (100' Per Deed) Lot It Bruce Whitmore, et c~l Vol. 885 Pg. 127 D.R,[~,C T, 424 TEXAS STREET Concrete Pavement, 80' ROW 50' Lot 12 ~C~' ~ /Chob Link Fence 11,604. SF ;-96. '~ 70 Concrete Walk "x" Set 48.7' 1/2 SiR/ #424 Lot 15 Two Story Frame 'Wood Parch 4.8' AC. Z,t.© Ld~ <i ~LL] 8 M~Fence · 7'48"W 98.?0' Tom D. Jester, Jr, Vol. 1101. pg. 51~. D.R.D.C.T. November 13, 1998 This is to certify the( I have this day mode o careful end accurate survey of the following described property:. SITUATED in the City of Denton, Denton County, Texas, [n the B.B.B, & C.R.R. Survey Abstract No. 185. being' the north 120 feet of Lots '12 and 15 of the Industrial Schoot Addition, on Addition to the CRy of Denton, as shown by map recorded in Volume 92, Page 3t8 of the Deed Records of Denton County, Texas end befog more particularly described os follows: BEGINNING at a 1/2 inch set iron rod In 'the South I[ne of Texas Street, said point being the Northwest corner of Lot 12 of said Add(on; THENCE South 89 de9. $7 mln. 48 eec. East with the south line of To×os Street, possang at o distance of 50 feet, the northeast corner of said Lot 12 and the northwest corner of sold Lot '15, in all a distance of 98.70 feet to on "X" set in concrete in the west line of Bell Avenue: THENCE South 00 deg. 08 min. 12 sec. West with the west line of Bel~ Avenue o distance of 120,00 feet to a 1/2 inch iran rod set: THENCE North 89 dog $7 min. 46 sec. West a distance of 96.70 feet to a 1/2 inch iron rod set: THENCE North 00 deg. 08 min. 12 sec. East with the west line of said lot 12, o dis[once of 120,00 feet to the PLACE OF BEGINNING and containing 02664 acre or 11,604 Square feet of land. This plat is a true and correct representation of the property described hereon to the best of my profess/anal knowledge and belief. There ore no encroachments or protrusions exept aS shown. Samuel E Luscombe SCALE 1"= 20' BEARING BASIS IS TEXAS STREET per replot of Lot Industrial School Add. Cob. F, Pg. 143 G.F. No. 81096 Sam Luscombe - Surveyor 1601 Woddill St. Suite 103 C ~cKinney, Texas, 75069 (972) $48-.93~3 E~!BIT "G" EXT.!OR PHOTOGI~JtP~ Instructions: Attach at lea~t foyer (~ pb~to~ra~hs of the Historical Marker site, one from 21 OILVn~lVA S VX L::J 1 NOIN]q JO EXHIBIT "H" Criteria to be used in Historical Landmark Designation The petitioner will be responsible for furnishing data to the Planning and Development Department for submittal to the Landmark Commission substantiating that the property meets at least one or more of the following 13 criterion for Historic Landmark designation: Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. Recognition as a recorded Texas historic landmark, a national landmark, or entered into the National Register of Historic Places. 3. Embodiment of distinguishing characteristics of an architectural type or specimen. 4. Identification as the work of an architect or master builder whose individual work has influenced the development of the city. Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif. 7. Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style. Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest. 9. Exemplification of the cultural, economic, social, ethnic or historical heritage of the City, State or United States. 10. 11. 12. 13. Location as the site of a significant historic event. Identification with a person or persons who significantly contributed to the culture and development of the City, State~r United States. ~¢ ~:" ~i~ ~CN ~W'~ ~T~'° ~ ©~-F'Tc~ A building or structure that because of its location has become of value to a neighborhood, community area, or the city. Value as an aspect of community sentiment or public pride. 2151k/10 EXHIBIT "I" I/We, the undersigned, owner(s) of, or party(s) with financial interest in, all property herein described, do hereby file this, my/our petition, asking that the said property be designated as a historic landmark under the provisions of Ordinance #80-30 of the Code of Ordinances of the City of Denton, Texas. 1/We herewith tender the filing fee of sixty-five dollars ($65.00). I/We authorize the City of Denton to place a sign or signs on the above property for public notification of the proposed historic designation. Name Address City Phone Submitted this ~5'~' ~1 dayof COMMENTS FROM LEGAL DEPARTMENT: State COMvIENTS FROM FRANK H. ROBBINS: 2151k/11 OPTIONAL INFORMATION INTERIOR PHOTOGRAPHS Instructions: At your option, yoU may attach photos of interior architectural details that add to the character of the house. 2151k/12 Excerpt of Minutes Historic Landmark Commission August 12, 2002 A regular meeting of the Historic Landmark Commission of the City of Denton was held in the City Hall Conference Room, located at 215 East McKinney, on Monday, August 12, 2002 at 5:30 p.m. Members Present: Peggy Capps, Ann Hatch, Mildred Hawk, Peggy Norton, and Rod Reeves Staff Members: Julie Glover, City of Denton Historic Preservation Officer/Main Street Manager; Tiffany Wilkinson, Main Street Assistant; Eddie Martin, City of Denton Legal Department; Nancy Baker, City of Denton Community Development; Michelle Gann, property owner. ¥. Hold a public hearing and consider approval of a final application for Historic Landmark Zoning for the structure located at 424 Texas Street. The preliminary application for Historic Landmark Zoning was approved 2-3 years ago. The property owner informed Glover that the home would soon be lost to taxes and that he wanted to protect the home. Glover reported that the home clearly meets several of the criteria for Historic Landmark Zoning and recommended approval. Reeves made a motion to approve the designation as presented. The motion was seconded by Hatch and carded unanimously. CondcnscltTM Page 45 1 COMMISSIONER APPLE: Item 12 is a public 2 hearing. And we have Ms. Julie Clover to make the 3 presentation. 4 MS. CLOVER: Madam Chair, Commissioners, 5 good evening. I come to you tonight as a historic 6 preservation officer. The owner at 424 Texas Slzeet has 7 come to the Historic Landmark Conunission and requested an 8 overlay zoning for a historic designation of this home. 9 HLC has decided they meet criteria under criteria 3, and 10 1 t, which is listed in your backup, and they recormnended 11 passing this by a vote of 5-0 and I'll be happy to answer 12 any questions. 13 COMMISSIONER APPLE: Thank you. We don't 14 appear to have any questions at this time. Commissioner 15 Watldns. 16 COMMISSIONER WATKINS: YeS, Madam Chair. 17 I'd tike to move approval of -- 18 COMMISSIONER APPLE: commissioner 19 Watkins -- 20 COMMISSIONER WATKINS: YeS. 21 COMMISSIO~R APPLE: we -- this is a public 22 hearing, so we're going to -- just hold that thought. 23 We're just going to make sure that there's no one present 24 who'd like to address that. Is there anyone in the 25 audience who wishes to address this item? I doWt see Page 46 I anyone coming down, so Commissioner Watkins go right 2 ahead. Oh, let lne close the public hearing first. 3 COMMISSIONER WATKINS: Did you close it? 4 Okay. 5 COMMISSIONER APPLE: It's closed. 6 COMMISSIONER WATKINS: With gl'e~t pleasure 7 I would like to move sIo2-ooI4 approval. 8 COMMISSIONER APPLE: We have a motion. 9 COMMISSIONER POWELL; second. l0 COMMISSIONER APPLE: And a second. Any 11 discussion? Hearing none, vote, please. 12 COMMISSIONER POWELL: We have some 13 discussion, I think here. Do we? 14 COMMISSIONER APPLE: NO one had their 15 button pushed, but if-- 16 COMMISSIO~R ROY: I had it pushed. It 17 went off by itself. 1 § COMMISSIONER APPLE: ThOSe bad buttons. 19 We'll certainly -- we'll entertain your discussion. Oo 20 right ahead. 21 COMMISSIONER ROY: I'd just like to have a 22 chance to ask a question about what we're doing here. I 23 mean, I've read what we have here, but I want to know what 24 is the objective. It looks -- all this said is it was 25 going to save somebody $343.00. We must be doing more Page 47 1 than that. 2 MS. GLOVER: Right. What this does is it 3 gives this house a local historic designation which means 4 that the zoning, the underlying zoning stays the same, but 5 we add an overlay zoning of historic, which then means 6 that this owner has agreed to, asked to comply by the 7 regulations set forth by the Secretary of Interior 8 Standards to maintain this house in the manner it is now 9 to save it for historic purposes, exterior changes. l0 COMMISSIONER ROY: SO they have to get 11 approval for any exterior changes from some organization? 12 MS. CLOVER: From the Historic Landmark 13 Commission, yes, sir. 14 COMMISSIONER ROY: Thank you. 15 COMMISSIONER APPLE: Thank you, Ms. Clover. 16 We have a motion and a second. Commissioner WeLkins. 17 COMMISSIONER WATKINS: For my fellow 18 Cmmnissioner Roy, this house is located in a very special 19 neighborhood. Directly across the street to the north 20 used to be demonstration school at TWU. old Main sits on 21 thc hill above it. These houses are fast disappearing. 22 And as a matter of fact, this has some apartments around 23 it. That was the reason for my motion. And I know the 24 people, also, that this was their family home. 25 COMMISSIONER APPLE: Thank you. We do have PLANNING AND ZONING COMMISSION 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 Page 48 a motion and a second. Is there any further discussion? Vote, please. Motion carries 7-0. NOVEMBER 13, 2002 Page 45 - Page 48 S:\Our Documents\Ordinances\02\424 Texas Street.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE PROPERTY LOCATED AT 424 TEXAS STREET AS A HISTORIC LANDMARK UNDER SECTION 35- 215, ARTICLE V, OF CHAPTER 35 OF THE CODE OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROViDiNG FOR AN EFFECTIVE DATE. WHEREAS, the Historic Landmark Commission and the Planning and Zoning Commission of the City of Demon having recommended that the property herein described be designated as a historic landmark in the City of Demon; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the property located at 424 Texas Street, being more particularly described in Exhibit "A" attached hereto and incorporated herdn by reference, is hereby designated as a historic landmark under Section 35-215, Article V of Chapter 35 of the Code of Ordinances of the City of Denton, Texas. SECTION 2: That said property shall be indicated upon the zoning map of the City of Demon as a historic landmark by the letter "H" and the property herein described shall be subject to all terms, provisions, and requirements of Section 35-215, Article V of Chapter 35 of the Code of Ordinances of the City of Demon, Texas, and such designation shall be in addition to any other use designation established in the City's zoning ordinance applicable to such property. SECTION 3: That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4: That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to catse the caption of this ordinance to be published twice in the Demon Record-Chronicle, the official newspaper of the City of Demon, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the __ day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: S:\Our Documents\Ordinances\02\424 Texas Street.doc APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: · LEGAL DESCRIPTION SITUATE0 in the City of Denton, Denton County, Texos, in the ~.B.B. & ¢,R.R. $u~vcy A~ztra¢[ No. 185, being [he north 120 fee% o[ Lots 12 and 13 of the In~us[tio[ School AddiUon, an AddiUon to the City of Oen[on, a~ zhown by mop recorded in Volume 92, Page 318 of thc Oecd Rccords of Dcnton County, Tcxa~, and being more particularly described as fallows: BEGINNING at o 1/:~ i/ich set ira6 rod in 'the South line of Texas Street said point being the Northwest corne~ of Lot 12 of said Additian: THENCE South 8g deg. :57 min. ,t5 sec. East with 'the south :line 'of Texas Street, at a distance o~ 50 feet, the northeast corner of said~Lot 12 th ·passing 'and northwest corner of said Lot 13, in oll a distance of 96.70 feet to on "X" set In concrete in the west line of Bell Avenue: THEHCE South 00 deg. 08 min, 12 sec. West with the west line of Bell Avenue a distance o.f 120.00 fe'e~ to o 1/2 inch i~on rod set: THENCE .North 89 deg. 57 sin. 46 sec. West a distance of 96.70 feet to a /' 1/2 inch i~on rod set: THENCE North O0 deg. 08 m~n, 12 see. East with the west I~ne of' said lot 12, a distance of 120.00 feet to the PLACE OF' BEGINNING and containing 0.2664 acre or 11,604 square feet of lend. % 12/10/02 #5B AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: December 10, 2002 Planning and Development Dave Hill, 349-8314 SUBJECT - CA02-0004: (Old North Place) Hold a public hearing and consider adoption of an ordinance amending Ordinance 99-439, regarding a Comprehensive Plan Amendment, from Existing Land Use/Infill Compatibility to Community Mixed Use Center. The area for amendment encompasses approximately 10.74 acres. The site is generally located at the northwest comer of the East University Drive and Old North Road intersection. Office and retail/restaurant uses are proposed. The Planning and Zoning Commission recommends approval (7-0). (CA02-0004, Old North Place) BACKGROUND Applicant: isbell Engineering Group, inc. Sanger, Texas This comprehensive plan amendment is in conjunction with a zone change request Z02-0052. The applicant is proposing the comprehensive plan amendment to allow for the rezoning of a portion of the property t) Community Mixed Use General (CM-G). The Community Mixed Use (CM-G) zoning district allows uses that are not allowed by fight in the Neighborhood Residential Mixed Use zoning district. Specifically, restaurants not limited in size to 4,000 square feet, 100 seats, and drive-through facilities. A neighborhood meeting was held on October 29, 2002, at Christ The Servant Lutheran Church. The minutes of the neighborhood meeting are provided in Attachment 4. Public notification and property owner responses are provided in Attachment 3. As of this writing, staff has received one (2) response in favor from property owners within 200 feet of the subject site. As opposition is less than 20%, a simple majority vote by City Council will be required to approve the request. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (7-0). ESTIMATED PROJECT SCHEDULE Zoning change (Z02-0052) to this site is under consideration concurrently with this Comprehensive Plan Amendment application. A portion of the site is not platted. All unplatted property must be platted and platted property may need to be replatted. A final plat and site plan are required prior to the issuance of any building permits. PRIOR ACTION/REVIEW The following is a chronology of CA02-0004, commonly known as Old North Place: Application Date - DRC Date - Neighborhood Meeting - P&Z Public Heating - September 27, 2002 October 10, 2002 October 29, 2002 November 13, 2002 FISCAL INFORMATION Development of this property will increase the assessed value of the city. It will require no short-term public improvements that are the responsibility of the city. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification (Property Owner Notification Map and Property Owner Responses) 4. Neighborhood Meeting Minutes 5. Applicant's Justification 6. Photographs 7. Planning and Zoning Commission Minutes, November 13, 2002 8. Draft Ordinance Prepared by: Chris Hatcher Planner II Respectfully submitted: Douglas S. Powell, AICP Director of Planning and Development ATTACHMENT I Staff Analysis Summary of Comprehensive Plan Amendment The applicant is requesting that the comprehensive plan be amended to allow approximately 10.74 acres be changed from Existing Neighborhood / Infill Compatibility to Community Mixed Use Activity Centers. The applicant is seeking the Community Mixed Use Activity Center designation for a proposed "drive-through" Sonic restaurant and to allow for restaurants over 4,000 square feet with more than 100 seats. The proposed uses can be accomplished with a Specific Use Permit (SUP) under the current zoning district, Neighborhood Residential Mixed Use (NRMU), but are allowed by right under the proposed Community Mixed Use General (CM-G) zoning classification. For comparison, 'Exhibit A' illustrates the type of restaurants that could locate within the Neighborhood Residential Mixed Use (NRMU) zoning district by right and restaurants allowed with an SUP within the Neighborhood Residential Mixed Use (NRMU) zoning district. The proposed change to Community Mixed Use Activity Center would allow for more intensive use of the subject property. The proposed zoning designation would also allow multi-family uses by right and decrease the required tree canopy coverage of the site. Per the applicant's assessment, there is adequate infrastructure to support the proposed use. (Attachment 5) Additionally, University Drive (Highway 380) is a major commuter corridor, which lends itself to more intensive commercial traffic versus localized neighborhood traffic. Exhibit A NAME ADDRESS SQ. FT CURRENT ZONING NRMU Two Brother's 1125 E. University 1,200 Downtown Commercial General (DC-G) By right Green House 600 N. Locust 2,400 Downtown Commercial General (DC-G) By right Giuseppe Italian 821 N. Locust 1,500 Downtown Commercial General (DC-G) By right Frilly's 1925 Denison 3,500 Community Mixed Use General (CM-G) By right Applebee's 707 1-35E South 5,449 Employment Center Commercial (EC-C) SUP Outback 300 1-35E South 6,115 Community Mixed Use General (CM-G SUP Steakhouse Chili's 2406 1-35E South 5,286 Regional Center Residential 1 (RCR-1) SUP Blackeyed Pea 2024 1-35E South 5,268 Regional Center Residential 1 (RCR-1) SUP Johnny Carinos 1516 Centre Place 7,259 Downtown Commercial General (DC-G SUP Regional Center Commercial Texas Roadhouse 2817 1-35 E South 6,923 Neighborhood (RCC-N) SUP Texican Grill 111 W. Mulberry 4,774 Downtown Commercial General (DC-G) SUP Existing Condition of Property Property History. December 7, 1999 - The subject property was place into the Existing Neighborhood / Infill Compatibility land use designation. The subject property is presently undeveloped. February 20, 2002 - The subject property was placed in the Neighborhood Residential Mixed Use (9.14 acres) and Neighborhood Residential 3 (1.60 acres) zoning districts. The site was previously zoned as Multiple-Family-1 (MF-1) and Two-Family (2F) under the 1969 zoning ordinance. Adjacent zoning. North: Neighborhood Residential 3 (NR-3), Neighborhood Residential 6 (NR-6) South: Neighborhood Residential 3 (NR-3), Neighborhood Residential Mixed Use (NRMU) East: Neighborhood Residential Mixed Use (NRMU), Employment Center Commercial (EC-C) West: Neighborhood Residential 3 (NR-3) Comprehensive Plan Analysis The subject site is located in an "Existing Neighborhoods/Infill Compatibility" future land use area. The main purpose of this future land use designation is to protect existing neighborhoods from the encroachment of incompatible new development. New development in this district should respond to existing development with compatible land uses, patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. Change to Community Mixed Use Activity Center - The focus of the Community Mixed Use Activity Center contains the shopping, services, recreation, employment and institutional facilities that are required and supported by the surrounding community. There is indeed a lack of existing commercial facilities serving the surrounding neighborhoods. The Denton Plan identified the intersections of Loop 288 and Sherman, the area south of the Loop 288 and Kings Row intersection (Windsor Oaks), and the intersection of Audra/Woodrow and McKinney as the Community Centers to service this area. In addition, the intersection of Loop 288 and University will have uses similar to a Community Mixed Use Activity Center (an Albertson's Center is proposed). As these area develop approximately 380.22 acres of commercial facilities would be available to serve this area. Land uses within the Community Mixed Use Activity Center should be oriented / sized to the surrounding neighborhoods and be populated by retail establishments geared towards a condensed market area of the surrounding neighborhoods, rather than a "big box" retail which may draw from the entire city. The comprehensive plan recommends store sizes to be less than 100,000 square feet, which would allow for a grocery store. The Comprehensive Plan also recommends that development within the Community Mixed-Use Center incorporate vertically mixed uses where retail may be on the lower level and office space / leased residential may exist on the upper stories. Land uses should not be "strip centers" which is regulated with site design standards in the Development Code. The plan identifies the following goals and strategies: Organization of Commercial Land Uses (p45-46) · "Toprovidefor reasonable amounts and distribution of various types of commercial land use in attractive and well-located settings." · "To provide for commercial activities in planned activity or neighborhood centers, rather than on scattered sites or highway strips." · "To develop activity centers where commercial uses, professional offices, and public facilities are located near residential development, while providing safe and convenient pedestrian access." · "To maintain, intensify, and/or expand existing commercial areas, where appropriate, while removing commercial uses from, and stopping intrusions into, areas not appropriate for commercial use." · "To locate neighborhood-oriented, commercial activities conveniently to dwelling units in order to minimize the need for frequent automobile trips for everyday household needs." · "To encourage the location of chycare centers, housing, churches, social clubs, and other quasi-public uses within or adjacent to activity centers in order to share public facilities and help establish these areas as focal points. " · "As commercial areas are developed, redeveloped, or expanded, the provision of multiple-use activity centers, as identified in the plan, is developed in lieu of development as single-function shopping areas." · "Commercial activity or neighborhood centers are the preferred location for retail, commercial, and community services and encroachment of these uses into other areas is discouraged." · "Commercial development occurs only in activity centers that are appropriate to its service and trade area and that are compatible with adjacent existing and proposed land uses and with existing and programmed public services and facilities." · "Service-commercial establishments locate in appropriate activity centers, rather than at haphazardly chosen locations that contribute to the formation of strip or spot commercial development." Commercial Land Use Design Strategies (p 47) "Activity centers are integrated with surrounding streets and uses, where appropriate, by means of landscaping, berm& fencing, and the siting of structures. Facades, architectural screening (walls, fences, parapets, etc.) and a unified landscape treatment is consistent and creates an identifiable activity center." Development Review Analysis Transportation Transportation policies within the comprehensive plan dictate that development shall use access management practices (internal street network, limited curb cuts) to make the investment in the roadway infrastructure as cost efficient as possible. Additionally, development should provide transportation facilities and services to promote and accommodate growth and change in activity centers, neighborhoods, and industrial centers. Seek to provide transit services and walking and bicycling opportunities so that activity centers and neighborhoods will minimize single occupant vehicle travel. Internal connectivity should be maintained to provide permeability of the road network. Urban Design For any new development, the design of public/private space must be considered. Community Mixed Use Activity Centers and the mixed-use areas of neighborhood centers are not only locations of commerce, but they are to be places of identity. Elements of site design, architecture and connectivity can bring a sense of place to commercial development. If oriented towards a market of local residents, privately owned commercial space can be designed to incorporate open areas, outdoor seating, public art and walkways that are used as a public spot for impromptu gatherings and becomes a place to go and stay, rather than a place to only shop and leave. Staff Findings 1. The proposed Community Mixed Use Activity Center designation allows for more intensive uses than the Existing Neighborhood / Infill Compatibility designation. The Community Mixed Use Activity Center designation allows, by right, shopping, services, recreation, employment, multi-family and institutional facilities. 2. The proposed Community Mixed Use Activity Center in addition to the existing Neighborhood Residential Mixed Use zoning north of the subject property could provide some of the commercial facilities needed to serve and support the surrounding 3. The uses the applicant is seeking (restaurants not limited in size to 4,000 square feet with a limit of 100 seats and drive-through facilities) are allowed with an Specific Use Permit (SUP) under the current zoning designation Neighborhood Residential Mixed Use (NRMU). 4. Because University Drive (Highway 380) is a major east-west commuter corridor that will be widened to 6-lanes, it is better suited for commercial development versus neighborhood-oriented uses. Therefore, the proposed comprehensive plan amendment from Existing Neighborhood / Infill Compatibility to Community Mixed Use Activity Centers is appropriate for this area. ATTACHMENT 2 Maps NORTH Location Map Scale: None Existing Land Use Proposed Land Use NORTH No Scale NR-3 Existing Zoning NiR'$ Proposed Zoning NORTH No Scale ATTACHMENT 3 Public Notification NORTH Notification Map Scale: None Public Notification Date: 200' Legal Notices* sent via Certified Mail: 500' Courtesy Notices* sent via 1st Class Mail: Number of responses to 200' Legal Notice · In Opposition: 0 · In Favor: 2 · Neutral: 0 Percent of land within 200' in opposition: 0 % 11/2/02 26 56 *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 10 Property Owner Responses Property Owner Name In favor Comments and Address /opposed* Willie H. Rainey In favor The City of Denton needs more business on the 2020 E. University Dr. east side of town. Thomas Frank Cudd In favor No Comment 3013 Broken Bow *A copy of the original notice can be picked up at City Hall West, 221 N. Elm Denton TX 76201 11 OF Old Nor/h P)~ce Comprel~/m~ive Pl~z~ Amendment ~e~ ~,d e~cc ~]<o~ ~ p~l~ ~ ~t~ ~ ~t t~hy~4~ A~s ofPmp~ ~r. hi~ 20~) f~ A~: ca~ R~t&~r, lqaaa~r ~ ¢ - 13 ATTACHMENT 4 Neighborhood Meeting Minutes October 29, 2002 1. A neighbor asked about the access points along University Drive and Old North Road. 2. A neighbor asked about the maximum height of buildings. 3. Discussion about a stoplight along University Drive and the Texas Department of Transportation requirements for a stoplight. A neighbor asked if acceleration lanes would be provided. The applicant explained that the Traffic Impact Analysis that will be provided would determine if acceleration lanes are required. Neighbors brought up concerns about existing poor drainage conditions in this neighborhood. The applicant discussed possible options to solve the drainage conditions for the subject site that could improve the drainage condition of the adjacent properties as well. The applicant is in conversation with the City staffto consider City participation. A neighbor asked if the existing NR-3 tract to the North would be developed as single-family lots. The applicant is considering developing duplexes in the future. No multi-family uses are considered. 7. A neighbor raised the concern of being the subject site the entrance point of this neighborhood, will be preferred that less commercial uses would develop. 8. A neighbor asked what other types of business could be located on site beside Sonic and a convenience store. A neighbor is concerned that the extension of Northcrest Street will increase the number of vehicle speeding through the neighborhood. The applicant explained that traffic calming devices would be required by the Development Code. 10. A neighbor asked if public input will be allowed during the platting and site plan approval. 11. A neighbor asked if there are any other restaurants, besides Sonic, under contract. 12. The neighbors asked about the aesthetics of the buildings. 13. A neighbor is concerned about the preservation of a tree stand located to the North of the subject site. The applicant said that they are considering various options including designating that area as a park. No final determination has been made. 14 Old No~h PIace: Neighborhood Meeting Sign-Up Sheet 15 ATTACHMENT 5 Justification for Amendment Ms. S~ ApPb; Chairwo~ C~ty City Hail W Pi~g .~d ~: Dw~mem 221 N. E~ Demo~ TX 762~ '1 ] - 3; i - 0 ?/, ] :~:~; 5 6 fl C'¢ !¢ REVtSI0~ - ~ & ~ R~aest 'Not~P~ ~:i' ~ wM~g [tig~ay 3~ to a siadm~e, dirked 16 ~ CM-G ~t~g ~sigmtion ~[ ~bl¢ ~be nmt~ p~g (ffd~etopa~mt ~h~t w~l tm ~tmcted te ~he sim 't~ntBg t'~ tbt~ $[x-~e Hi.way 380. Old NOah, P,~ wg[ B.e'lude a ~ont~¢. ~ th~ Dcaton: ~:ea. la a,~ee~g a s~e :al: !~ no~hw~t ~mer of OM No~ ~ r~4 Highway 380, M~0n:H~:rbon4~ard Emerprb~s aw' d~ op~nt~:y {o de~lop t~ eatke ~a rater 380 Mil baffe~' the Ne~gh~rhood Res~mtJal ams ~U) to the noflh ¢mmt~ incmam~ traffic ~ r~e resultbg fim~ t~ widenir~g of H~ghw~y 3:~, T~OT w[[[ widen Hishmy 380 'win conml~ ,~d~Sdmlly, ~vemmm re~en~s (l 7) w~ Md a~tcnded t~ e~lier ~ O~fe~r '~ 5~ ~02, t~ Cky of Demon ~o:~ed ¢~e:s to 'the D~to~a Devel:op~:~t Code, NRM. U zo~ ~ow a~w~ l,~:e o~ :food ~' :r[gl~ ~d alBws dr,i:~qh,m~ ~d quick d~ffmgt ~':~t im~ss~'b]e, ~ ~ niutr~e'mble ([~gcr)restm~mg or mt.a e,~mbli~;~m 3 0 / 3D 17 U'n:i:v~ty Drive ~tage to ~n~muaity M~ U~ Gerbil, CM-G (7~ B and~ C) and a z,o~.g e~ge for 1.~ ~$ m NRMU (~m~ &3. Compm~b~:y~ a z~>ning c~ ~rom NR.3 ~ N~MU to CM-G requkes a ,co~rele~miYe pl~ amadmem, to Commmfity M~,ed Um C~teL CM-G ] CM-G NR2ClU ] iNRMU/ ne I9~ 1 I-~ site ¢on.~s of vacam la'tM !o ~', '.ne~h of H]¢~,~'ay 380 ~tw~ Drive ;md Old Noah ~M, The ~ope~ is dM,ged ~t:o ] 6,(}? ~eres ofNRMU m'~ 3:04 ac;ms of NR-3. a~m~[y 450 fca of buff~' ~twe~ t:~ ~ea 'urM~ ~sid~mion an~ ~t~ e~,~ ~b'~gle fa~ly neigh~rhood furlhcr honk Ia, bet',~ B:n~i~ee:ria~ ~a,ge 3 10/3t~/2002 18 apVox'~tely 880 [eet m the ~h ot'[~ exLst~ H~way 380 r~ht,~3f-~'ay, ff~e-P~ly ~ t:~ ~t:mems~ A ~fe~s~ml, office ~k, Noticed G~de~ ~ ~med ~'o ~h,e ea,~ ~rom Old No~h [~ad, e~tly ~ EC-C, T!~ Suburban Pmp~ b'us~e~ 1~ 1~ som~,~st aem~ ~0/3o/2002 19 TM p~ ofth~ N~ighl~h~od Rea~,~mi~ M~ U~ (NRMU) ~mb~g dcs~g~tian is ~qu¢ th~s goa~ ~ ~tenti~ residential u~s in back, Za~e.i.l ~ag.~.n:eer~n¢ Pa,~e 5 1D/30/2C-OZ 2O :feet m:~d ~, sca~ up*~ard~ of 200 ~o~-i~ ~k~ ~,u[~ b~ 4) Compadson ~ gxlstlag ~nin:g to Pm,po~ Zoning E~i ~eer lng 0/:30 ATTACHMENT 5 Photographs 22 23 ATTACHMENT 7 CondcnscltTM Page 57 1 COMMISSIONER APPLE: iteall 14, which is 2 also a public hearing. I'lt open the public hearing and 3 Chris Hatcher with the City planning staff will present. 4 MS. HA~CUER: oood evening, Madam Chair, 5 and ladies and gentlemen of the Commission. My name is 6 Chris Hatcher. The applicant is requesting an mnendment 7 to the Comprehensive Plan by changing approximately 10.74 8 acres of existing neighborhood in-fill compatibility to 9 the community mixed use activity centers. 10 11 12 13 14 15 t6 17 18 19 20 21 22 23 24 25 Page 59 of those meetings being one-on-one meetings where we just went door to door and talked to people. And those were very good and we appreciated the neighbors. It was just a wonderful experience. And then we had the one big neighborhood meeting at the church. Also, a lot of intelligent questions. And we got through a lot of issues that night. I'm going to go through this, and as Chris said, zoning issues, topography drainage uses and The Comprehensive Plan Amendment coincides with the zone change request from Neighborhood Residential Mixed Use to Community Mixed Use General and from Neighborhood Residential 3 to Neighborhood Residential Mixed Use. The applicant is seeking a Community Mixed Use i0 buffering and architecture are the issues. I'm going to 11 go through this and Chris already mentioned the location. 12 Why do we want this? The big thing is with 13 the Sonic and the Sonic we have, but we would like the 14 ability to put some larger restaurants along 380 as it Activity Center Designation for a preposed Sonic Drive-through restaurant and for restaurant that have greater than 4,000 square feet in floor area with more than 100 scats. These uses are permitted -- these uses arc pernfitted in the Neighborhood Residential Mixed Use Zoning District with a Specific Use Permit but they are allowed by right in the Conmmnity Mixed Use General Zoning District. The applicant is available to provide justification for the Comprehensive Plan Amenchnent. Per 15 16 17 18 19 20 21 22 23 24 25 becomes a six-lane road. But to force those more intense uses just on 380 and not put them into or closer to the existing homes, further into the interior and to buffer the more intense uses with NRMU, which is existing there, and the future single family homes which is zoned for just north of that. Also, as Chris said, drive-in restaurants, convenience stores are allowed with an suP. I do not believe -- in the Code larger restaurants are allowed and also in a master plan type situation, an SUP is cumbersome to say the least. And with the requirements in site design, I don't believe with Page 58 1 the applicant's request a neighborhood meeting was held on 2 October 29th, 2002 at the Christ the Servant Lutheran 3 Church. 4 Some of the major issues discussed at the 5 meeting were drainage, vehicular access on to the preposed 6 development and the overall aesthetic quality of the 7 proposed development. Staff -- these -- minutes from this 8 meeting were provided in your backup. Staff has received 9 two notices in favor of the development and one in 10 opposition. And those were passed out to you during the 1 t break. If there are no further questions -- oh, I'm 12 sorry. Okay. This is the site as it is -- this is the 13 site with the existing neighborhood in-fill compatibility 14 future land use designation and this is the site with the 15 Community Mixed Use Activity Centers. 16 If there are no further questions at this 17 -- if there are no questions at this point, the applicant 18 will be able to speak. 19 COMMISSIONER APPLE: Thank you. 20 MR. BUSSELL: My name is Alien BusseI1. I 21 work for Surveyors Engineers North Texas, 1621 Amanda 22 Court in Ponder. I'm here representing David Lightfoot 23 tonight. I actuatiy did this for the rezoning but it also 24 goes with the Comp Plan because one doesn't work without 25 the other. We had several meetings with neighbors, most 5 6 7 8 9 10 11 12 113 14 15 16 17 18 19 2O 21 22 23 24 25 Page 60 the distance, it's over 600 feet from any existing home, anybody -- nobody is benefiting from the sup process in this case. Existing uses around the property, single family to the north, east and west. We have Multi-family adjacent to us on the east side, directly north, and Multi-family across from 380. A convenience store, the older convenience store with the appliance repair place right across the street. The neighborhood offices across Old North, light industrial across kitty-cornered at Old North and 380. And the neighborhood church next to us and then, of course, Denton Bible across the street soon expanding which is more of a regional church bringing in a lot of traffic. Topography, I know there was some questions on this. It's easier for me to visualize how the land lays if I put it in 3-D, so I do that. I took the survey data and took it into my 3-D program and then exaggerated it ten times in vertical so it's much easier to see. You can kind of get the lay of the land this way. The pink being the high and the red and going down to the yellow, and it's just much easier to see how evmTthing flows. The actual drainage on the property, and this will be really handled more adequately and, you know, with real engineering studies during the time of platting which is PLANNING AND ZONING COMMISSION NOVEMBER 13, 2002 Page 57 - Page 60 CondcnseltTM Page 61 1 required. 2 But it's going to require some sort of 3 retention/detention pond on the site to keep drainage 4 where it is. Go ahead. 5 MR. REICHHART: If I may, just for point of 6 clarification, I betieve University is running across the 7 bottom as you're showing this. 8 MR. BUSSELL: That's correct. Sorry. 9 Yeah. Old North being on the right side and the church is 10 on the left in that hole there, that rectangular part. 11 But as you see, once again I said, the reds 12 are the high, the yellow is the low part there. So all of 13 the drainage is going to the east. Surrounding zoning 14 existing, the site is currently NRMU and NR-3. We have 15 NR-3 to the north. NR-6 in that five-aCre tract also tO 16 the north of us. Eec is across the street, across Old 17 North Road where the existing neighborhood offices are. 18 Separation of uses and this is what I was 19 getting at before. How do we buffer away from the more 20 intense uses that are occurring on 380 as 380 expands? 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 on the other lots and in the night sky. And it's very specific on measurement. For large scale development, which this is likely to be, you have to have a plaza or courtyard and sitting areas in that. And parking that is over the Once again, we have the existing single family zoned north of this tract. We have the Nm~tJ, then the CMG and then the more intense, the highway use there. And so as you use the CMG and then the NRMU to buffer both the single families including the existing single family, you get a Page 62 6 required needs to be pervious. 7 And architecture was not addressed at all 8 in thc old Code. Long buildings arc going to have be 9 broken up. You have to include arcades, and porticoes, 10 awnings that kind of thing to once again break up the 11 buildings, provide nice places to walk. Windows can't bc 12 flush with thc building. They've got to be divided with 13 trim. 14 The primary orientation for the building 15 has to be toward the street instead of the parking lot. 16 And once again, for large scale development, you've got 17 additional issues there where you need to vary the colors, 18 materials, use pilasters to, once again, break up more of 19 the building horizontalty. 20 Ten foot canopies and use a repetitive decorative ornamentation lights, things like that along the wall to kind of break things up even more. A lot of questions from the neighbors early on, how is this really going to look from where I am? So once again I went back to my 3-D program, got that topo information and put the Page 63 lot of different buffering that's required by Code in between each of those segments before it ever gets to the existing single family homes. There's about 600 feet in between the back of the lots, the existing single family to the back of the CMO where werre proposing to give you an idea of how large that is. The development standards, I kind of want to - what's been added from the old Code versus the new Code, what things arc different. It's very hard and we had a long conversation during the last neighborhood meeting. Nothing's been built under this new Code really, not yet. It's very hard to visualize how this is all going to look. So what's required now that wasn't required when the stuff down University was developed. St~t trees are required every 30 feet. Parking lot buffers. The Refuge Service Outdoor Storage Mechanical are requited to be screened. Parking areas, seven percent landscaping and a 15 percent tree canopy. Site planning. You can't have parking in between the building and the street. You need to break up parking lots that are large. Lighting which was not addressed in the old Code and it was always required. You know, that was always one of the conditions that was added. Very specific now on lighting pollution 21 22 23 24 25 Page 64 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 street trees in, put the buildings in. I didn't put the single family in because I had no idea how that was going to lay out. But as you can see in the background there, you can barely see the top end of the NRMU two-story buildings from Nottingham. And, of course, that doesn't include the houses that are existing, the houses that arc proposed and didn't include the large amount of trees in the back there. So in reality you couldn't see anything. I went up about 300 feet with the camera and shot back the the same distance. This is pretty much how many trees would be planted although these are spaced every 50 feet instead of every 30 feet, so actually you would have a lot more trees than that. Pretty close tO the landscape requirements in the parking lots. The building sizes are pretty close, et cetera. This is pretty accurate. Of course, it's not an engineering drawing, but it's pretty accurate on layout and sizes, massing and trees. Northcrest. Northcrest dead-ends right now to the single family zoning area. What is that going to look like when it's developed? Once again, you can barely see the NRMU building straight ahead. Just includes street trees, doesn't include any other buffering that is required between NRMU and the single family. Above Old North same kind of view, just PLANNING AND ZONING COMMISSION NOVEMBER 13, 2002 Page 61 - Page 64 CondcnscltTM Page 65 I toward the Southwest this time. That blue area is the 2 detention pond, of course, detention ponds aren't wet, 3 unless it's just raining. I just showed it that way so 4 it's easier to see. 5 University is to the top left. And then 6 the view from Old North Road with a two-story building. 7 What does that look like with the street trees next to it? 8 These look like fat lollipops but it renders quickly that 9 way. 10 Site features, what we're proposing is 11 doing a boulevard entry landscaped, some offices in the 12 NRMU and a convenience store that would be in accordance 13 with the new Code. The actual architecture for the Sonic, 14 we looked at some in Coppell that used -- in Coppell and 15 Frisco that used brick and then we found this one in 16 Wautauga that we really, really liked. It looked more 17 Texas with stone instead of brick. The Code doesn't 18 specifically say you've got to do this, so we're looking 19 at different stytes still. But we found this to be the 20 prettiest Sonic so far and the guy in charge said he likes 21 it. 22 That's a screening for refuge. Moving 23 around the building you can see the signage on the 24 building. And just moving around the building. That's 25 the detail of some of the stonework. And then the front Page 66 I of the building with the stone on the colmnns, et cetera. 2 It's just a nice look for the property. 3 Concerns with solutions. We reduced the 4 CMO if you remember right in the other request. The CMG 5 was pretty deep. There is no way in the Code, you can't 6 condition to rezone, so how do you address the intensity 7 issue? The only way you can address intensity in the new 8 Code is to reduce the size physically. Because you have 9 to use both the use and then you've got to park the use, I0 okay? 11 So with those constraints, if you reduce 12 the size you reduce thc intensity, okay? And so we've 13 reduced that to about 220 -- 250 feet because it gets 14 wider off to thc cast, and it physically constrains the 15 intensity of thc site. And when next to the NRMU, it will 16 act as a single node. 17 Staff brought up at one time that this may 18 look like a strip development would be able to be placed 19 here. The new Code you cannot put a strip development in 20 unless somebody came back to you for an ADP, alternative 21 development plan. And it's extremely unlikely that that 22 would ever get passed, which is good. We don't want that. 23 I just wanted to bring that up because yes, 24 it is a strip, okay, but you can't do strip malls anymore. 25 The parking has to be in the back. You've got to break Page 67 I up the buildings. There's a lot of stuff you've got to 2 do. It buffers the neighborhood. You've got a 3 neighborhood, the existing neighborhood single family, 4 then the NRMU, then thc CMG, then you've got 380 out 5 there. Once again, I'm 600 feet from the CMG to the back 6 of the existing lots to the north. 7 And as I said before, we'll be able to 8 address drainage at platting and Isbell Engineering, Lee 9 Allison is here to answer any specific questions on 10 drainage. And I'll end with that one. I took the camera 11 above Mingo and looked back -- 12 COMMISSIONER POWELL: Can I ask you a 13 question? 14 MR. BUSSELL: Yes, sir. 15 COMMISSIONER POWELL: Can you go back one 16 slide, sir? Excuse me, Madam Chairman, if I may have a 17 little leeway hem. 18 MR. BUSSELL: I'm done. 19 COMMISSIONER POWELL: IS this the right 20 time? 21 COMMISSIONER APPLE: That's okay. I'll 22 punish you publicly next time. 23 COMMISSIONER POWELL: My button is pushed. 24 COMMISSIONER APPLE: oh, yeah, now it is. 25 Nice try. 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 68 COMMISSIONER POWELL: Let me make sure I understand. You're saying from the existing houses on Foxcroft -- MR. BUSSELL: Corll~t. COMMISSIONER POWELL: From the back of those houses, the back of those lots, it's 600 feet to this area, a couple of football fields, basically? MR. BUSSELL: Right. It's over 600 feet. It's about 630 some odd feet. COMMISSIONER POWELL: That's the point I wanted to make sure I understood. Thank you. MR, BUSSELL: You're welcome. Thank you very much. COMMISSIONER APPLE; Thank you, This is a a public hearing. Is there anyone present who wishes to speak in support of this item? I have several cards of people wishing to speak in opposition. The first is David Appling. Good evening. If you'd give your name and address for the record, please. MR. APPLING: YeS. Thank you. My name is David Appling, and my address is 2515 Nottingham, Denton, Texas. I'll be brief. I oppose the rezoning and commercial development proposal because and this should be fairly obvious. The potential increase of traffic volume and traffic noise and traffic speed and the consequent PLANNING AND ZONING COMMISSION NOVEMBER 13, 2002 Page 65 - Page 68 CondenseltTM 7 8 9 10 11 12 13 14 15 16 I7 18 19 20 21 22 23 24 25 Page 69 lessening of safety for pedestrians as well as other motorists at the very least. Thank you very much. COMMISSIONER APPLE: Thank you, sir. I also have a card from Laura Cheek indicating she wishes to speak. MS. CHEEK: Hi. I'm Laura Cheek. I'm at 2610 Nottingham, Denton. I just want to reiterate that he did show that this is a residential neighborhood. And we don't want a big complex there. I spoke to many pcople on our street and they don't want this. And we're worried Page 71 1 traffic on Nottingham, as you recall, we're on 380. We're 2 not -- we're not on Nottingham and I understand -- we're 3 using the traffic that's already on University. We're not 4 creating any traffic interior that's going up and out. As 5 the church comes in, it would make sense that that would 6 draw more traffic on Nottingham than this would ever do. 7 We intend to use the traffic that's already on there. Not 8 -- I don't think it would create any more traffic going up 9 and down Nottingham than the people already living there 10 would travel now. about the traffic on Nottingham. It's already terrible. It's going to be increased with this. They say they're not going to draw traffic. They are. They're going to draw traffic because people want to visit these restaurants. Peopte are going to go to these offices. We're going to have more traffic coming up and down Nottingham. Right now -- yesterday we had an incident where a kid ran across the street, Nottingham, not 11 12 13 14 15 16 17 18 19 The 600 fat was to the CMO and we are zoning a portion of this NRMU and it would make sense that at that portion, we're about 400 feet away for thc NRMU Section to the back of the lot. So that would make sense on that. So that was a good point. CMO is 600 feet away. And it's cmax~nfly SaMU adjacent to that. I think for the tree~ in tho back, we're not anywhere close to those existing trees right now. Single family is zoned back there. We're working with the looking, and cars slowed. But another one thought they were slowing to stop and tried to zoom past. And it was scary. And traffic is fast down that street. We're going to have a lot of noise. They're going to be in our back yard. I don't understand what he said about the 600 feet because i was notified and I'm within 500 feet of the Page 70 20 21 22 23 24 25 City on those &ainage issues and different options of how to treat that property back there. Obviously, thc more trees you preserve, the better off you are, especially in single family for the worth of the property. A lot of those trees actually in the triangle up there on the far left are actually off our Page 72 1 property, so how can it be 600 feet from the back of the 2 Foxcroft. And I don't understand that statement. 3 But there's going to be trash, litter up 4 and down the street and we're worried about that. We're 5 concerned about just the safety of the kids in the 6 neighborhood. And it's a concern already. But it wilI be 7 a greater concern with the more traffic. That's it. 8 COMMISSIONER APPLE: Thank you. I have 9 several cards from people who don't wish to speak but they 10 would like to register opposition. Lane Check of 2610 11 Nottingham says this change will create additional traffic 12 and noise on Nottingham and bring people to the site. 13 Kenneth Close at 2604 Nottingham says I am concerned about 14 the traffic on Nottingham and the loss of natm'al 15 esthetics of the areas to the east. Heather Close of 2604 16 Nottingham says I do not wish to lose the barrier of trees 17 behind my house. And Betty Appling 2515 Nottingham says 18 since Nottingham has opened to Audra, traffic has 19 increased considerably along with higher speeds. This 20 zoning change will only aggravate the problem. 21 Is there anyone in the audience who wishes 22 to speak who did not fill out a card? Seeing no one 23 coming forward, I will offer the applicant time for 24 rebuttal. 25 MR. BUSSELL: It'S kind of surprising. The 1 property. Actually it's not even our property up there. 2 But that is single family up there and not part of this 3 zoning case. I don't know what else to say except that 4 we're putting those more intense uses along University and 5 buffering with the NRMU. And with the traffic calming 6 that's required, any interior streets will be kept to a 7 slow speed. I don't know what else to say on that. 8 COMMISSIONER APPLE: Thank you. 9 MR. BUSSELL: Yes, rna'mn. 10 COMMISSIONER APPLE: Commissioner Holt. 11 COMMISSIONER HOLT: Yes. I have a couple 12 of questions for Mr. Bussell. I believe that's Northcrest 13 right up there at the top of the lot that just dead-ends 14 into that property. 15 MR. BUSSELL: Yes. 16 COMMISSIONER HOLT: IS that ever going to 17 be pushed on through to University? 18 MR, BUSSELL: Yeah. It will be required -- 19 when that single family development develops it will be 20 required to be pushed through. 21 COMMISSIONER HOLT: what kind of a safe 22 guard will be put in there so that that won't just 23 become -- 24 MR. BUSSELL: A thoroughfare? 25 COMMISSIONER HOLT: Yeah, a thoroughfare. PLANNING AND ZONING COMMISSION NOVEMBER 13, 2002 Page 69 - Page 72 CondenseltTM Page 73 1 MR. BUSSELL: The Code now requires traffic 2 calming devices a minimum every 1,200 feet. 3 COMMISSIONER HOLT: which are? 4 MR. BUSSELL: which -- you can do it in a 5 variety of ways. I don't think Bud is still here. Dave 6 is still here. Traffic circles. You can do narrowing of 7 the pavement. There are a variety of different ways to 8 physically, not just with signs, but physically restrict 9 speed down that road and that is required by the Code, not 10 an option. 11 We arc looking at -- we looked at different 12 designs to put a large traffic circle in there to really 13 inhibit traffic from going in the back. But really 14 there's no need for anybody but residents to go back 15 there. And we would be required -- it's going to have to 16 tm quite a bit to get back in there, do a couple of 90s t 7 back there anyway. 18 COMMISSIONER HOLT: what about from 19 Mistywood over to Mistywood, east to west? 20 MR. BUSSELL: Right. Mistywood is on the 2t east is dead-ended into those apartments. 22 COMMISSIONER HOLT: Right. 23 MR. BUSSELL: SO that connection is kind of 24 not possible. 25 COMMISSIONER HOLT: oh, okay. Page 74 MR. BUSSELL: However, Chebi, which is north of Mistywood would be required to be punched through Page 75 1 MR. BUSSELL: Thatts correct. And you've 2 got single family to the north of the church. 3 COMMISSIONER HOLT: Right. 4 MRr BUSSELt,: }~ight. Yes, I believe it 5 will -- just uses aren't buffering here. You also have -- 6 you know, you do have the uses to buffer the lower 7 intensities as you go north. On top of that, though, you 8 have buffers that are required between the uses themselves 9 in the Code. 10 COMMISSIONER HOLT: Right. 11 MR. BUSSELL: SO it's not just intensity 12 changes, but also fences and landscaping and that -- and 13 setbacks that are required. 14 COMMISSIONER HOLT: And I noticed in the 15 pictures that you had of the Sonic -- 16 MR. BUSSELL: Yes. 17 COMMISSIONER HOLT: -- that is built right 18 up on University. What about the landscaped trees along 19 University? There would be trees all along University, am 20 I correct? 21 MR. BUSSELL: That's correct. Street trees 22 are required every 30 feet. 23 COMMISSIONER HOLT: Okay. Because I mean, 24 I live in this area. I live right there. I can see my 25 house. And this is a neighborhood area. This is -- and I went to the meeting at the church. MR. BUSSELL: YeS} ma'am. Page 76 1 2 3 when the five-acre development gets developed which was 4 brought to you as a variance. That's going to be required 5 to be punched through wlfich would be at some date 6 supposedly required to connect Mistywood off of 7 Nottingham. Different options of how to do that. I know 8 it's way over them. It can't be a straight shot anymore. 9' So there's -- 10 COMMISSIONER HOLT: SO it would have to 11 have a jog in it to -- I2 MR. BUSSELL: It's going to have to have a t 3 jog in it of some sort and have traffic calming once 14 again. I5 COMMISS£ONER HOLT: And you feel because of 16 the single family at the back of the property and the NRMU 17 in the center coming up toward University, that that will 18 buffer the existing area. Now, what about the area on the 19 far west side? That strip that comes back up to 20 University where the church is? That church is going to 21 stay them and -- 22 MR. Bt~SSELL: That church is going to stay 23 there, right. 24 COMMrSSlONER HOLT: SO that's just going to 25 remain as it is. 3 COMMISSIONER HOLT: And everyone's concern 4 is this is our neighborhood, and we would like it to stay 5 that way. Realistically, we've got University fight there 6 that's going to be six lanes in a coupte of years and the 7 development is coming. And it looked like to me this was 8 a really good group who wanted to protect our 9 neighborhood, which sometimes when people come in they 10 don't want to protect our neighborhood. And this was a 11 mai concern. 12 So I wanted to bring up some of these 13 points that I felt were really important in this whole 14 development and that buffering of that neighborhood around 15 them, to me, is number one. 16 MR. BUSSELL: And I've done a lot of work 17 to make sure that working with the Code that we are doing 18 that, 19 COMMISSIONER HOLT: HOW many businesses do 20 you think they can get along on that University strip 21 realistically7 22 MR. BUSSELL: well, it depends on the size 23 and how exactly it's going to be developed. 24 COMMISSIONER HOLT: Right. 25 MR. BUSSELL: BUt I would - I have no PLANNING AND ZONING COMMISSION NOVEMBER 13, 2002 Page 73 - Page 76 Condcns¢ItTM 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 idea. Page 77 I mean, I could tell you -- but -- COMMISSIONER HOLT: welI, but the picture you had up there at one time it looked like there was about six or eight little buildings -- MR. BUSSELL: Yeah. I think them were like eight -- right. Right. COMMISSIONER HOLT: -- SO that's kind of what we're talking about possibly? MR. BUSSELL: Probably, yeah. COMMISSIONER HOLT: Okay. Thank you. MR. BUSSELL: Yes, ma'am. COMMISSIONER APPLE: co:mnissioner Roy. Page 79 I top of that, if I may. If you don't have that 2 connectivity you force those cars to go to Nottinghmn and 3 Old North. By having another one you reduce the amount of 4 traffic going to those and you provide another outlet to 5 380. 6 COMMISSIONER POWELL: Thank you. 7 MR. ALLISON: If you don't mind I'd like to 8 add to that. I'm Lee Allison with Isbell Engineering, the 9 engineer on the project, project manager. Right now Txr~OT 10 has two median cuts between Old North and Nottingham. I 1 Those will be entries into the CMO area. Within the CMO 12 area, we will have drives, but to address thc coming into COMMISSIONER ROY: Have you developed the site enough to be able to say what you're going to put next to the church, the existing church? MR. BUSSELL: NO, COMMISSIONER ROY: Thank you. COMMISSIONER APPLE: Commissioner Powell. COMMISSIONER POWELL: I have a question and I don't know if it's better addressed to staff or to the the applicant. I'll let you folks tell me. The single family development in the back and I'm supposing that there would be an entrance -- I guess we just discussed them would be an entrance from Northcrest. Does that roadway have to go all the way through to University or Page 78 I can because of single family and this is a business, can 2 it stop so that it doesn't provide that runway down them? 3 MR. BUSSELL: I think connectivity is 4 required. It doesn't have to be a straight through street 5 though. 6 COMMISSIONER POWELL: That's what bothers 7 me. Because of the different kinds of zoning, I thought I 8 might ask, maybe that doesn't have to happen. 9 MR. REICHHART: It docs have to happen. 10 COMMISSIONER POWELL: Thank you. 11 MR. REICHHART: And if you recall at our 12 last meeting along the northern portion of this property 13 was that five acre site, the NR-6 property, that came to 14 up regarding a variance not to provide connectivity, and 15 we denied that variance. It hasn't gone to City Council 16 yet, but this body reconm~ended denial of that variance to 17 provide connectivity. Of course, those uses would be 18 single family to single family. But we still -- the next 19 layer down could very well be residential in nature and we 20 do want to provide connectivity to that. And then 21 eventually down through to University. So there would be 22 connectivity. As the applicant said, it probably wouldn't 23 be a straight shot through, but there would be 24 connectivity. 25 MR. BUSSELL: I think -- it's kind of on 13 14 15 16 17 18 19 20 21 22 23 24 25 a neighborhood instead of designing those like nomml commercial ama drives, we intend to make them more like streets with parkways and trees, so that if you do come through there, you would be going through move of a neighborhood appearance, more of an entryway into the neighborhood. But at the same time those am going to have enougt~ beads and tums in them and they will be through conunercial parking, through conunercial areas, that there won't be a straight shot from that street on down. The intention is to come down into a traffic calming device and then sideways east and west to Old North and Nottingham. It's not really -- we've designing it if we get all of this going, not to be Page 80 I inviting, to bring people through the area directly from 2 380 into the neighborhood through that sm:ct. I wished I 3 had a diagram to better explain what we've trying to say. 4 COMMISSIONER POWELL: I think you explained 5 it well, sir. 6 MR. ALLISON: Thank you, 7 COMMiSSiONER AePLE: Thank you. I will 8 close the public hearing and ask for comments from 9 Conmnissioners. Mr. Reichhart needs to make a point of 10 clarification for us. 11 MR. REICHHART: Jllst for one point of 12 clarification, early in the presentation the applicant 13 indicated that restaurants, larger restaurants or larger 14 buildings would not be approved with an suP. ^nd they 15 would be under the current zoning, they would -- you would 16 be able to do a larger restaurant and release that I7 limitation for 100 seats and thc 4,000 square feet with an 18 sup. ! 9 COMMISSIONER APPLE: Thank you. 20 Commissioner Mulroy. 21 COMMISSIONER MULROY: Yes, Madam Chair. 22 With brief commentary, I'd Iike to make a motion if we're 23 ready. 24 COMMISSIONER APPLE: I will entertain that 25 in just one moment. I have one question that I would like PLANNING AND ZONING COMMISSION NOVEMBER 13, 2002 Page 77 - Page 80 CondcnscltTM Mr. Reichhart to address. Ms. Cheek had the question about the 600 feet v~rsus the 500 feet. And i'd like to see if he could answer her question. MR. REICHHART: I believe I can, The -- we're looking at two companion applications. The one before us right now is the Comprehensive Plan Amendment, which is the strip along University. It does not include 8 that little L-shaped knob that we're looking at on the 9 screen right now. The next application which is the 10 zoning application does include that little knob which is 11 being proposed as NRMU. That being directed going further 12 to the north includes Mrs. Cheek's property within the 500 13 foot notification. So she did receive notification, thc 14 500 foot notification on the zoning but not on the 15 Comprehensive Plan. So the sta~nent that there is the 16 600 foot difference is accurate, yet she is within 500 17 feet of the next case, which is the zoning case. And 18 that's in your backup if you look at attachment 3. In the 19 next application you'll see that identified there. 20 COMMISSIONER nePLE: Thank you for clearing 21 that up. I'll entertain your motion now, Commissioner 22 Mukoy. 23 COMMISSIONER MULROY: Thank you, Madam 24 Chair. A brief preamble, I certainly understand the 25 concerns about the traffic, and I don't know if that's an Page 81 Page 83 years. Unfortunately, in this case, University is destined to be six lanes in the very near future. It's not likely to change as a lot of roads do over the course of time. I know a lot of times we'll something is going to happen, and then they move it, you 1 2 3 4 5 6 7 8 9 10 i1 12 13 14 15 16 ~7 18 19 20 21 22 23 24 25 Page 82 enforcement issue. Design-wise, please bear in mind, six, seven years ago, the City made a conscious decision to extend Nottingham over the railroad tracks to Audra. And make this another north passageway in the City. So the 6 7 8 9 10 11 I2 13 14 15 16 17 18 19 20 21 22 23 24 25 know, five miles north or south by the time something actually happens, in this case, University is not going away. It is going to be widened and it does appear that the applicant has made every effort to work with the neighbors and to try to bring about the most attractive plan that they can. And I thank them for that. Any further discussion? Hearing none, vote please. Motion carries 7-0. consequence is traffic is going to increase by design on Nottingham. And I think at this point, it's an enforcement issue of the speed limits rather than associated with this Comp Plan before us. And on this specific Comp Plan change, I would have to commend the applicant for thoroughly working through all of the different pieces of the puzzle here in the last tt~ months and what they brought before us, it appears like one of the better solutions for in-fill in this area. I lived out there twenty years ago and I didn't think this property would ever get used and now this appears to be a good solution, so I move approval of the Comp Plan Amendment as presented. COMMISSIONER ROY: second. COMMISSIONER APPLE: We have a motion and a second to approve. Is there any discussion? I would just llke to offer that I'll be voting in favor of tho motion. And I, too, share Commissioner Mukoy's concern for the neighbors. Oftentimes, this body looks at proposals based on roads that are, you know, in the future 15, 20, 25 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 84 PLANNING AND ZONING COMMISSION NOVEMBER 13, 2002 Page 81 - Page 84 ATTACHMENT 8 ORDINANCE NO. AN ORDINANCE AMENDING THE DENTON PLAN 1999-2020 BY ADOPTING AN AMENDMENT TO THE LAND USE PLAN OF THE LAND ELEMENT OF THE DENTON PLAN FOR THE CITY OF DENTON, TEXAS FOR AN AREA ENCOMPASSING APPROXIMATELY 10.74 ACRES GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE EAST UNIVERSITY DRIVE AND OLD NORTH ROAD INTERSECTION; SUCH AMENDMENT IS FROM EXISTING LAND USE/1NFiLL COMPATIBILITY TO COMMUNITY MIXED USE CENTER; AND PROVIDING AN EFFECTIVE DATE. (CA02-0004) WHEREAS, Isbell Engineering Group, Inc., initiated a comprehensive plan amendment to the land use plan of the land elemem of the DeNon Plan for approximately 10.74 acres of land more particularly described in Exhibit "A" attached hereto and made a part hereof by reference from Existing Land Use/infill Compatibility to Community Mixed Use Cemer (the "Land Use Plan Amendmem"); and WHEREAS, on December 7, 1999, the City of DeNon adopted the DeNon Plan, 1999- 2020; and WHEREAS, on November 13, 2002, the Planning and Zoning Commission held a public hearing and recommended approval of the Land Use Plan Amendmem; and WHEREAS, the City Council, after a public hearing on December 10, 2002, finds that the recommended Land Use Plan Amendmem is in the best imerests of the health, safety and general welfare of the citizens of the City of DeNon, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby approves the Land Use Plan Amendmem to the DeNon Plan, 1999-2020. SECTION 2. The City staff is directed to change the land use plan map to the DeNon Plan in conformity with the Land Use Plan Amendmem. Umil such map change is made a copy of this ordinance shall be attached to the DeNon Plan, 1999-2020 showing the Land Use Plan Amendment. SECTION 3: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2002. EULINE BROCK, MAYOR Page 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 EXHIBIT "A" The Comprehensive Plan Amendment encompasses approximately 10.74 acres. The total 10.74 acres will be amended from Existing Land Use/Infill Compatibility to Community Mixed Use Activity Center. LOCATION MAP N e~igh bo~lood Page 3 12/10/02 #5C AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: December 10, 2002 Planning and Development Department Dave Hill, 349- 8314 ~:5:?o::::>~i/: SUBJECT - Z02-0052: (Old North Place) Hold a public heating and consider adoption of an ordinance rezoning multiple parcels totaling approximately 12.2 acres from Neighborhood Residential 3 (NR-3) and Neighborhood Residential Mixed-Use (NRMU) zoning districts to Neighborhood Residential Mixed Use (NRMU) and Community Mixed-Use General (CM-G) zoning districts. The site is located at the northwest comer of University Drive and Old North Road intersection. Retail, restaurant, and offices land uses are proposed. The Planning and Zoning Commission recommends approval (7-0). BACKGROUND Applicant: Isbell Engineering Sanger, TX This request is a reconfiguration of the previous zoning request earlier this year (Z02- 0026) which was withdrawn prior to reaching City Council. The applicant is requesting the zoning change of 1.44 acres from NR-3 to NRMU, 1.60 acres from NR-3 to CM-G, and 9.14 acres from NRMU to CM-G; totaling 12.18 acres. This is a reduction of approximately 6.5 acres of CM-G from the previous zoning request. The rezoning is in conjunction with an amendment to the Future Land Use Map component of The Demon Plan from Existing Neighborhood/Infill Compatibility to Community Mixed Use Centers designation (CA02-0004). If the comprehensive plan amendment is not approved, the rezoning request will not be consistent with the Comprehensive Plan. A neighborhood meeting was held on October 29, 2002, at Christ The Servant Lutheran Church. The minutes of the neighborhood meeting are provided in Attachment 5. Public notification and property owner responses are provided in Attachment 3. As of this writing, staff las received one (1) response in favor from property owners within 200 feet of the subject site. As opposition is less than 20%, a simple majority vote by City Council will be required to approve the request. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item RECOMMENDATION The Planning and Zoning Commission recommends approval (7-0). ESTIMATED PROJECT SCHEDULE The subject property is not platted. A final plat is required prior to the issuance building permits. PRIOR ACTION/REVIEW The following is a chronology ofZ02-0052, commonly known as Old North Place: of any Application Date - DRC Date - Neighborhood Meeting Date - P&Z date - September 27, 2002 October 10, 2002 October 29, 2002 November 13, 2002 FISCAL INFORMATION Development of this property will increase the assessed value of the city. no short-term public improvements that are the responsibility of the city. ATTACHMENTS 1. StaffAnalysis 2. Maps 3. Public Notification (Property Owner Notification Map & Responses) 4. Neighborhood Meeting Minutes 5. Applicant's Justification 6. Zoning Plan 7. Planning and Zoning Commission Minutes, November 13, 2002 8. Draft Ordinance Prepared by: Deborah Viera, AICP Planner II Respectfully submitted: It will require Douglas S. Powell, AICP Director of Planning and Development 2 ATTACHMENT 1 Staff Analysis Summary of Zoning Request The applicant is requesting the zoning change of multiple parcels totaling approximately 12.2 acres as follows: Parcel Existing Zoning Proposed Zoning Acreage A NR-3 NRMU 1.44 B NR-3 CM-G 1.66 C NRMU CM-G 9.14 Attachment 2 depicts the location of the proposed zoning districts. The site is located at the northwest comer of University Drive and Old North Road intersection. The rezoning also requires and amendment to the Future Land Use Map component of The Denton Plan from Existing Neighborhood/Infill Compatibility to Community Mixed Use Centers designation. If the comprehensive plan amendment is not approved, the rezoning request will not be consistent with the Comprehensive Plan. Existing Condition of Property Property History. February 20, 2002 - Ordinance 2002-040 placed the subject property in Neighborhood Residential 3 (NR-3) and Neighborhood Residential Mixed Use (NRMU) zoning districts. Adjacent zoning and land uses. North: South: East: West: Neighborhood Residential 3 (NR-3) and Neighborhood Residential Mixed Use (NRMU) Neighborhood Residential Mixed Use (NRMU) Employment Center Commercial (EC-C) Neighborhood Residential 3 (NR-3) Comprehensive Plan Analysis A portion of the subject site is located within an Existing Neighborhoods / Infill Compatibility future land use areas. New development within the Existing Neighborhoods/ Infill Compatibility land use areas should respond to existing development with compatible land uses, patterns and design standards. The Denton Plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. Change to Community Mixed Use Activity Center- The focus of the Community Mixed Use Activity Center contains the shopping, services, recreation, employment and 3 institutional facilities that are required and supported by the surrounding community. There is indeed a lack of existing commercial facilities serving the surrounding neighborhoods. The Denton Plan identified the intersections of Loop 288 and Sherman, the area south of the Loop 288 and Kings Row intersection (Windsor Oaks), and the intersection of Audra/Woodrow and McKinney as the Community Centers to service this area. In addition, the intersection of Loop 288 and University will have uses similar to a Community Mixed Use Activity Center (an Albertson's Center is proposed). As these area develop approximately 380.22 acres of commercial facilities would be available to serve this area. Land uses within the Community Mixed Use Activity Center should be oriented / sized to the surrounding neighborhoods and be populated by retail establishments geared towards a condensed market area of the surrounding neighborhoods, rather than a "big box" retail which may draw from the entire city. The comprehensive plan recommends store sizes to be less than 100,000 square feet, which would allow for a grocery store. The Comprehensive Plan also recommends that development within the Community Mixed-Use Center incorporate vertically mixed uses where retail may be on the lower level and office space / leased residential may exist on the upper stories. Land uses should not be "strip centers" which is regulated with site design standards in the Development Code. The plan identifies the following goals and strategies: Organization of Commercial Land Uses (1945-46) · "To provide for reasonable amounts and distribution of various types of commercial land use in attractive and well-located settings." · "To provide for commercial activities in planned activity or neighborhood centers, rather than on scattered sites or highway strips." · "To develop activity centers where commercial uses, professional offices, and public facilities are located near residential development, while providing safe and convenient pedestrian access." · "To maintain, intensify, and/or expand existing commercial areas, where appropriate, while removing commercial uses from, and stopping intrusions into, areas not appropriate for commercial use." · "To locate neighborhood-oriented, commercial activities conveniently to dwelling units in order to ninimize the need for frequent automobile trips for everyday household needs." · "To encourage the location of daycare centers, housing, churches, social clubs, and other quasi-public uses within or adjacent to activity centers in order to share public facilities and help establish these areas as focal points. " · "As commercial areas are developed, redeveloped, or expanded, the provision of multiple-use activity centers, as identified in the plan, is developed in lieu of development as single-function shopping areas." · "Commercial activity or neighborhood centers are the preferred location for retail, commercial, and community services and encroachment of these uses into other areas is discouraged." · "Commercial development occurs only in activity centers that are appropriate to its service and trade area and that are compatible with adjacent existing and proposed land uses and with existing and programmed public services and facilities." 4 "Service-commercial establishments locate in appropriate activity centers, rather than at haphazardly chosen locations that contribute to the formation of strip or spot commercial development." Commercial Land Use Design Strategies (12 47) "Activity centers are integrated with surrounding streets and uses, where appropriate, by means of landscaping, berm& fencing, and the siting of structures. Facades, architectural screening (walls, fences, parapets, etc.) and a unified landscape treatment is consistent and creates an identifiable activity center." Development Review Analysis Transportation A TIA would be required prior to any Final platting of any portion of this property to demonstrate that there is adequate traffic related infrastructure to support the proposed development uses. Right-of-way dedication for University Drive and Old North Road will be required prior to development. Access. The proposed development will be required to take access from University Drive and Old North Drive. Road Capacity Old North Road is identified as a collector street by the Denton Mobility Plan. This street is designed to be a four (4) lane undivided street without parking, providing four (4) lanes of through traffic. As such, its designed traffic capacity allows for a tolerable traffic flow of up to 14,900 trips per day. Old North Road is currently constructed with two (2) lanes without parking. No traffic counts are available for this road. University Drive is identified as a primary major arterial road by the Denton Mobility Plan. This road is designed to be a six (6) lane divided street without parking, providing six (6) lanes of through traffic. As such, its designed traffic capacity allows for a tolerable traffic flow of up to 27,900 trips per day. University Drive is currently constructed with two (2) lanes without parking. The reconstruction of University Drive is proposed to start during year 2003. 5 Development Review Analysis The proposed NRMU district, shown on the zoning plan as Parcel A (see Attachment 6), will allow a variety of non-residential and multi-family uses not allowed in NR-3 zoning districts. Any proposed multi-family or attached single-family uses will require a Specific Use Permit (SUP). Detached single-family units will not be permitted. The proposed 1.44 acres of NRMU would be a continuation of the existing 6.33 acres of NRMU (Parcel D on the Zoning Plan) located adjacent to the east. Christ The Servant Lutheran Church is located adjacent to the west. The proposed 1.44 acres of NRMU will be located between an existing zoning district and land uses that a'e compatible in nature. An existing NR-3 zoning district is located to north. Any proposed multi-family or non- residential uses will be required to provide a buffer according to Section 35.13.8 of the Development Code between the existing NR-3 zoning district and the proposed NRMU. If the proposed comprehensive plan amendment for approximately 11 acres of Community Mixed-Use is approved (See CA02-0004) a zoning classification within the Community Mixed-Use family must be assigned, i.e., CM-G or CM-E. The following chart provides the differences between these two zoning designations: Land Use CM-G CM-E Dwelling above businesses P N Live/work Units P N Bed & Breakfast P N Retail Sales & Service P Limited to 10,000 sq.ft. Theaters less than 10,00 seats P N Restaurant & Private Club P Limited to 10,000 sq.ft. Outdoor Recreation P N Major Event Entertainment SUP N Printing/Publishing P SUP if located within 200' a residential zone Bakeries P SUP if located within 200' a residential zone Manufacture of Non-odoriferous N SUP if located within 200' a Foods residential zone The CM-E zoning classification, in comparison to CM-G, eliminates the few residential uses that CM-G allows, which is less compatible with the surrounding residential uses. Both, CM-G and CM-E allow multi-family uses only on second story and above, when an office, retail, or other permitted commercial use is on the ground floor along any avenue, collector, or arterial street. The CM-E also limits the square footage of retail and restaurant uses, which is more compatible with the surrounding land uses and zoning. However, the configuration of the proposed CM-G district limits by itself the size of the potential retail and restaurant uses for that site. STAFF FINDINGS 1. The proposed 1.44 acres of NRMU is compatible with The Denton Plan and adjacent zoning district and land uses. 2. Any proposed non-residential or multi-family uses will be required to provide a buffer between the proposed NRMU and the existing NR-3 to the north. 3. If the proposed comprehensive plan amendment for approximately 11 acres of Community Mixed-Use is approved, both the CM-G and CM-E zoning districts would be consistent with the Comprehensive Plan. However, the CM-E zoning classification will limit the intensity of some residential, retail and restaurant uses on the subject site. 7 ATTACH MENT 2 Maps Location/Zoning Map NORTH Existing Zoning NR"3 Proposed Zoning Scale: None 8 NORTH Neighborho.cl Existing Land Use Proposed Land Use Scale: None 9 ATTACH MENT 3 Public Notification Notification Map NORTH Newspaper Notification Date: November 2, 2002 Percent of land within 200' in opposition: 0% 200' Legal Notices* sent via Certified Mail: 15 500' Courtesy Notices* sent via 1 st Class Mail: 68 · All properties with street addresses are within 500 ft. of the subject property. · All properties highlighted are within 200 ft. of the subject property. · See Table 1 for 200 ft. property owner information. Scale: None *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 10 TABLE 1 200 FT. PROPERTY OWNERS INFORMATION SITUS_ADDR OWNER_NAME ADDRESS_I ADDRESS_2 CITY ST ZIP_CODE 2700 2700 M ISTYWOOD 76209- MISTYWOOD; URIOSTEGUI, SILVANO LN DENTON TX 1551 2704 2704 M ISTYWOOD M ISTYWOOD 76209- LN; GRAVES, THOMAS B LN DENTON TX 1551 4600 2425 OLD PORTSMOUTH FLOWER 75022- NORTH RD; SHAH, RATILAL N CT MOUND TX 5124 4600 2425 OLD PORTSMOUTH FLOWER 75022- NORTH RD; SHAH, RATILAL N CT MOUND TX 5124 2412 OLD WILL-DO FAMILY 5009 GOLDEN NORTH RD #1; PARTNERS LTD CIR DENTON TX 76208 2412 OLD WILL-DO FAMILY 5009 GOLDEN NORTH RD #1; PARTNERS LTD CIR DENTON TX 76208 2412 OLD WILL-DO FAMILY 5009 GOLDEN NORTH RD #1; PARTNERS LTD CIR DENTON TX 76208 2412 OLD WILL-DO FAMILY 5009 GOLDEN NORTH RD #1; PARTNERS LTD CIR DENTON TX 76208 2412 OLD WILL-DO FAMILY 5009 GOLDEN NORTH RD #1; PARTNERS LTD CIR DENTON TX 76208 2020 E 2020 UNIVERSITY UNIVERSITY 76209- DR; RAINEY, WILLIE H DR EAST DENTON TX 2228 2121 E 2121 E UNIVERSITY UNIVERSITY 76209- DR; LUTHERAN CHURCH DR DENTON TX 7825 2149 E MASON, 7301 NW UNIVERSITY MASON, RALPH L RALPH L EXPRESSWA OKLAHO DR; TRUSTEE TRUST Y STE 250 MA CITY OK 73132 2131 E 2131 E UNIVERSITY UNIVERSITY 76209- DR; DOTY, VALERIE DR DENTON TX 7825 2211 E MASON, 7301 NW UNIVERSITY MASON, RALPH L RALPH L EXPRESSWA OKLAHO DR; TRUSTEE TRUST Y STE 250 MA CITY OK 73132 2351 E UNIVERSITY TELICO LAND & C/O JACK 1421 N ELM 76201- DR; CATTLE CO INC MOFFITT PC ST STE 104 DENTON TX 3055 2200 E UNIVERSITY 1601 ELM ST 75201- DR; GALATYN PARK CORP STE 3400 DALLAS TX 7254 2200 E UNIVERSITY 1601 ELM ST 75201- DR; GALATYN PARK CORP STE 3400 DALLAS TX 7254 2200 E UNIVERSITY 1601 ELM ST 75201- DR; GALATYN PARK CORP STE 3400 DALLAS TX 7254 2480 E UNIVERSITY 609 SUMMIT MESQUIT DR; FRY, HAYDEN CIR E NV 89027 2331 E TELICO LAND & C/O JACK 1421 N ELM 76201- UNIVERSITY CATTLE CO INC MOFFITT PC ST STE 104 DENTON TX 3055 11 DR; 2491 E UNIVERSITY 1421 N ELM ST 76201- DR; ADAMS 84-A STE 104 DENTON TX 3055 2131 E 2131 E UNIVERSITY UNIVERSITY 76209- DR; DOTY, VALERIE DR DENTON TX 7825 2141 UNIVERSITY DR E (OFF 2052 COLLINS 76208- OF); BRADSHAW, KEVIN RD DENTON TX 1706 2400 E 2400 E UNIVRSITY HIGHLAND UNIVERSITY 76209- DR; SMZ INC D/B/A FOOD STORE DR DENTON TX 7828 5910 N CENTRAL 1700 E DENTON VILLAGE EXPW STE VILLAGE DR; EAST APTS 1145 DALLAS TX 75206 12 Property Owner Responses Property Owner Name and In favor/neutral/ Comments Address /opposed* Willie H. Rainey, Favor Retail and restaurant businesses are 2020 University Drive needed on east site of City. *A copy of the original notice can be picked up at City Hall West, 221 N. Elm Denton TX 76201 13 ATTACH MENT 4 RE: Old North Place Neighborhood Meeting DATE: October 29, 2002 LOCATION: 2121 E. University Drive (Christ The Servant Lutheran Church) MINUTES 1. A neighbor asked about the access points along University Drive and Old North Road. 2. A neighbor asked about the maximum height of buildings. 3. Discussion about a stoplight along University Drive and the Texas Department of Transportation requirements for a stoplight. 4. A neighbor asked if acceleration lanes would be provided. The applicant explained that the Traffic Impact Analysis that will be provided would determine if acceleration lanes are required. 5. Neighbors brought up concerns about existing poor drainage conditions in this neighborhood. The applicant discussed possible options to solve the drainage conditions for the subject site that could improve the drainage condition of the adjacent properties as well. The applicant is in conversation with the City staffto consider City participation. 6. A neighbor asked if the existing NR-3 tract to the North would be developed as single-family lots. The applicant is considering developing duplexes in the future. No multi-family uses are considered. 7. A neighbor raised the concern of being the subject site the entrance point of this neighborhood, will be preferred that less commercial uses would develop. 8. A neighbor asked what other types of business could be located on site beside Sonic and a convenience store. 9. A neighbor is concerned that the extension of Northcrest Street will increase the number of vehicle speeding through the neighborhood. The applicant explained that traffic calming devices would be required by the Development Code. 10. A neighbor asked if public input will be allowed during the platting and site plan approval. 11. A neighbor asked if there are any other restaurants, besides Sonic, under contract. 12. The neighbors asked about the aesthetics of the buildings. 13. A neighbor is concerned about the preservation of a tree stand located to the North of the subject site. The applicant said that they are considering various options including designating that area as a park. No final determination has been made. 14 Old North Place: Neighborhood Meeting Sign-Up Sheet October 29, 2002 Ngme Address E'd LTi~/.'B~t~'Oi?B ~u.'gd~eu$~u3 TI~qsI e't~,B:GO ~0 OB '~o0 Attachment 5 .J "Integrity In Engineering" ISBELL ENGINEERING GROUP, INC. CONSULTANTS IN ENGINEERING, PLANNING & ARCHITECTURE 1405 w. Chapman Dr.#200 · Sanger, Texas 76266 Phone: 940458-7503 · Fax: 940-458-7417 e-mail: isbell~isbellengineering.com October 17, 2002 10-31-02A10:56 RCVD Ms. Susan Apple, Chairwoman And Members of the Planning & Zoning Commission City of Denton City Hall West Planning and Development Department 221 N. Elm Denton, TX 76201 OCT ~t 1'2002 Dear Planning and Zoning Commission: Isbell Engineering Group, Inc. respectfully submits the following Zoning Change Justification letter to accompany the Comprehensive Plan amendment and Zoning Amendment applicatiOns for Old North Place. We request public hearings before the City of Denton Planning and Zoning Commission and the City Council to consider the approval of our request. In response to neighborhood concerns, this request is a reconfiguration of the previous zoning amendment and comprehensive plan amendment request of April 15, 2002. Request Isbell Engineering Group, Inc on behalf of Mason-Harrison-Jarrard Enterprises requests a comprehensive plan amendment for 10.74 acres from Neighborhood Residential (NRMU) to Community Mixed Use General (CM-G zoning). The request additionally includes 1.44 acres to be rezoned from NR-3 to NRMU. Executive Summary The site is located on the north side of Highway 380 between Old North Road and Nottingham. TXDOT is widening Highway 380 to a six-lane, divided highway. The CM-G zoning requested along Highway 380 is intended to attract business that will serve as the initial buffer between the Highway 380 and the existing residemial neighborhood approximately 800 feet to the north. Isbell Engineering Page 1 10/30/2002 16. In response to neighborhood concerns about the initial CM-G z~ning designation, we have reduced the CM-G acreage of the previous zoning application in April 2002. This will provide for a 200-foot strip of existing NRMU zoning to remain as the second tier of buffer for the neighborhood. In individual and group meetings with the neighborhood, the residents were generally positive about reduction in the CM-G zoning request to an area just fronting Highway 380, with an NRMU buffer behind. The CM-G zoning designation will enable the master planning of development that will be attracted to the site fronting the future six-lane Highway 380. Old North Place will include a Sonic restaurant, a convenience store, familiar restaurants, and other retail establishments within the CM-G zoning. Professional offices will likely occupy the NRMU buffer behind the CM-G frontage. Introduction Mason-Harrison-Jarrard Enterprises (MHJE) is the franchise owner for the sonic restaurants in the Denton area. In considering a site at the northwest comer of Old North Road and Highway 380, Mason-Harrison-Jarrard Enterprises saw the opportunity to develop the entire area rather than a single site. The project vision is to develop a Sonic restaurant, a convenience store, familiar restaurants, general retail, and professional offices. The approximately 250-foot depth of proposed restaurants and retail (CM-G) along Highway 380 will buffer the Neighborhood Residential uses (NRMU) to the north fi:om the increased traffic and noise resulting from the widening of Highway 380. TXDOT will widen Highway 380 fi:om a two-lane undivided highway to a six-lane, divided highway beginning in 2003. The professional offices (Zones A and D, see attached map) will fimction as a buffer between the proposed commercial establishments fronting University Drive (Zones B and C) and the existing single- family homes. The marketability of the development largely rests upon attracting business from Highway 380. The development will serve the surrounding neighborhood as well. Since the first zoning amendment and comprehensive plan amendment application in April 2002, several one-on-one meetings and one group meeting with the surrounding residents resulted in a generally positive response to the reduced CM-G zoning request. Out of the residents who were contacted individually, seventeen residents (17) who had attended the earlier neighborhood meeting were positive in response to the proposed development while only one was in opposition. The residents appreciate the reduction of the CM-G zoning to only front Highway 380, with the NRMU buffer behind. Furthermore, Isbell Engineering Group, Inc. has initiated discussions with the Jim Coulter of the City of Denton about the drainage issues. Isbell Engineering will continue to coordinate with the City of Denton on drainage improvements in the Old North Place development. On October 15, 2002, the City of Denton adopted changes to the Denton Development Code. NRMU zoning now allows take out food by right and allows drive-through and quick vehicle servicing with an SUP. These changes still make the master planning of the site extremely difficult ffnot impossible, as each marketable (larger) restaurant or retail establishment would Isbell Engineering Page 2 10/30/2002 17. have to apply individually for an SUP, with no guarantee that the process would yield a positive result. Purpose MHJE's purpose is to develop the site generally in accordance with the Denton Development Plan with the necessary adjustments to meet the particular site conditions. They need a zoning change for the 12.18 acres (Zones A, B and C) in order to accomplish this goal. The subject property is currently zoned NR-3 and NRMU. IEG requests a zoning change for 10.74 acres of University Drive frontage to Community Mixed Use General, CM-G (Zones B and C) and a zoning change for 1.44 acres to NtLMU (Zone A). The CM-G zoning designation includes different permitted uses and limitations on the permitted uses that are not within the NRMU or NR-3 zoning designations. Specifically restaurants are not limited in size to 4000 square feet with 100 seats and drive-through facilities are permitted by right, without an SUP. The City of Denton Planning Department decided that a Sonic restaurant is a drive-through use and is not permitted by right in NRMU. This zoning amendment request coincides with a request for a comprehensive plan amendment. Since the subject property is currently designated as a Neighborhood Center/Existing Neighborhood/Infill Compatibility, a zoning change fxom NR-3 and NRMU to CM-G requires a comprehensive plan amendment to Community Mixed Use Center. Zoning District Summary Table Zonin~ District ., Acreage' Existing Zoning Proposed Zo,ning A 1.44 NR-,3 ....... NRMU '" B " 1.60 NR-3 CM-G C ..... 9.14 NRMU CM-G D 6.9'~ NRMU NRMU 1) Description of Site The 19.11-acre site consists of vacant land to the north of Highway 380 between Nottingham Drive and Old North Road. The property is divided into 16.07 acres of NRMU and 3.04 acres of NR-3. Except for a single house, the property immediately to the north is vacant. It provides approximately 450 feet of buffer between the area under consideration and the existing single family neighborhood further north. The property slopes from the west to east. The most notable obstacle to development is the history of drainage problems for the houses immediately to the north. This potential drainage Isbell Engineering Page 3 10/30/2002 18. problem will be corrected by directing mnoffto the drainage system on the east side of Old North Road. The Old North Place site does not include an environmentally sensitive area (ESA). Another notable characteristic of the site is its location along Highway 380. By 2003, the Texas Department of Transportation expects to begin widening the highway to six lanes. This widening will promote the attractiveness ofutiliT, ing the highway, and thus promote business opportunities. 2) Description of Surrounding Land Uses and Zoning The Old North Place site is located near low-density single family residential that is approximately 800 feet to the north of the existing Highway 380 right-of-way. Single-family is also located 335 feet from the western edge of the site, beyond the existing Christ the Servant Lutheran Church mediately to the east. All existing single-family homes are zoned NR-3. There is also the multifamily development, Foxcroft Acres Apartments, zoned NRMU immediately to the north along Old North Road. There is also a five-acre vacant tract zoned NR-6 to the north of the apartments. A professional office park, Northwood Gardens, is located to the east across Old North Road, currently zoned EC-C. The Suburban Propane business to the southeast across Highway 380 is also zoned EC-C. We are also aware of Denton Bible Church's proposed development directly across Highway 380 and their recent rezoning of the property to NRMU. Isbell Engineering Page 4 10/30/2002 19. Surrounding Uses of Old North Place Isbell Engineering Group, Inc. 3) Comparison of Proposed Land Use to Social and Economic Conditions The premise of the Neighborhood Residemial Mixed Use (NRMU) zoning designation is that the area serves the nearby neighborhood within a one-half mile walking distance. While this goal is desirable and admirable for the City of Denton as a whole, we believe that this goal is not achievable on the frontage (Zones B and C) of Highway 380, a major thoroughfare. The character of Highway 380 will change significantly at~er traffic capacity increases resulting from the widening to six lanes. NRMU remains appropriate for Zones A and D, 220 feet (in depth) fi.om the University Drive frontage, which will become professional offices. The offices will act as a buffer between the higher intensity proposed uses on the University Drive and the existing and potential residential uses in back. The relatively low-density, established residential neighborhood surrounding the proposed project has 5,571 people within a one-halfmile radius. Whether the one-half mile is actually walkable is debatable, since many of the residents would have to cross Highway 380. According to the 2000 census, the population north of Highway 380 within one-half mile is 2,566. The marketability of this site for commercial development is not from the 2,566 people near the development but rather from the 13,600 average daily traffic trips near and within Loop 288 along Highway 380. These vehicles may have more than one passenger, thus increasing the Isbell Engineering Page 5 10/30/2002 20. potential customer base per day from vehicular traffic to more than 13,600 people. Furthermore, the more familiar restaurants that would strive to locate at the site near the highway are generally greater in size than 4,000 square feet and they seat upwards of 200 customers. The site would be designed to intercept the traffic on Highway 380, provide a convenience to the residents in the general area, and to be an asset to the neighbors immediately surrounding the site. A large number of the customers would be ~om outside of Denton, thereby bringing in a significant mount of tax dollars from outside of the City. 4) Comparison of Existing Zoning to Proposed Zoning A comparison of the existing zoning, NR-3 and NRMU, to the proposed CM-G zoning yields many similar major site requirements but yields different permitted uses. A comparison of the two zoning designations that allow commercial uses (NRMU and CM-G) is presented in the following table: Selected Site i~'RMu CM-G '" same7 Requirement, s Minimum lot area 2,500 .. 2,'~}0 . Yes ~Jlaximum lot 80% 80% Yes coverage Minimum 20% 20% Yes landscaped area ..... Maximum building 65 feet 65 feet YeS height Minimum I~ot 2~) ~'¢et 50 feet No Width Minimum Side 6 feet None No Yard Minimum Front None None 'Yes Yard Setback I. Selected '"NRMU CM.~ Sam~? Limitations Permitted Uses Drive-through Restricted Yes N° SUP is n"eeded in NRMU ~estaur~nts Yes Yes "No Small Restaurants in NRMU of 4,000 SF and 100 seats Retail sales and ~res Yes NO NRMU, no Service more than 25,000 SF Professional Yes Yes No NRMU, no Services and more than Offices ..... 25~000 SF Isbell Engineering Page 6 10/30/2002 21. In examining the selected zoning requirements, the minimum landscaped area and lot coverage is the same for both NRMU and CM-G. There will be little visual difference in the layout of the proposed commercial development, except in the scale of the restaurants. The restaurant size and seating limitation imposed by NRMU is extremely restrictive in enabling familiar or family-owned restaurants to locate at the site. Locally owned examples of restaurants, such as the Greenhouse Restaurant, the Homestead, and the chain restaurants such as the Outback Steakhouse, are not permitted in NRMU. A local example of a possible permitted restaurant would be Giuseppe's on Locust Street. Small fast food restaurants without drive- through facilities are permitted by right. The drive-through SUP restriction is inconsistent with the frontage along Highway 380. Since TXDOT will widen Highway 380 to six lanes in 2003 there will be even more traffic along this primary major arterial. A drive-in use appears to conform with such high traffic volumes. The intent of this development is to intercept the traffic that will be on Hwy. 380 regardless. It is that traffic that makes this a viable commercial site, The NRMU zoning severely limits the ability to intercept and serve the commercial volume occurring on Highway 380. A trip generation study for the site as NRMU indicated that the potential site traffic is approximately 25,000 trips per day. The 2,500 residents could never satisfy this amount of commercial demand. It requires the interception of the Highway 380 tr_a. ffic. The commercial viability of this site will grow dramatically as the traffic volumes increase above the 13,600 average daily traffic count once the of road construction is complete. 5) Description of Anticipated Impacts Upon City and Area Economic Benefits: The proposed Old North Place commercial development will generate economic benefits for the City of Denton in increased tax revenues. Increased traffic flow along Highway 380 will generate more customers for potential restaurants and retail Thus, these restaurants will capture tax dollars from customers who live outside of the City of Denton. Schools: There will be no negative impact on schools since there is no residential development proposed. Community Benefits: The commercial establishments would serve the local neighborhood, since there are no restaurants or convenience shopping within one-half mile of the site. There is also currently coordination of development efforts between Mason-Harrison-Jarrard and Christ the Servant Lutheran Church. These coordination efforts have potential to benefit the utility and drainage issues as well as design considerations. Utilities: Barring any contradictory analyses from the City, the calculations for water and sewer needs indicate that the current system should be able to handle the additional flow generated by the proposed development. Isbell Engineering Page 7 10/30/2002 22. Water: The water flow is 3,928 GPM and the peak day fire requirements are approximately 5,500 GPM. The system is looped and consists of 8-inch, 12-inch and 16-inch water lines surrounding the site. Being central to the City's distribution system, there is no reason to suspect that the system will not be able to meet the demands. The City will confirm the system capacity during the platting process and the appropriate improvements will be made. Wastewater: The wastewater has approximately 197 GPM flows. The site has access to 8- inch and 12-inch wastewater lines, with the flows from west to east. The system capacities wilt also be confirmed during platting. Drainage: The drainage o£the site is west to east. The anticipated drainage system for the site will be available to relieve the drainage problems to the north. Traffic: The City of Denton calculated the daily trips for the NRMU (the existing zoning) development to be 25,156. A traffic impact analysis is expected as part of the platting process. The site has two left turn lanes included on the plans for Highway 380. Additional access is planned for Old North Road. Provisions for connectivity will be provided to the north and to Nottingham road on the east. 6) Requests Favorable Consideration After reviewing the above letter content and accompanying documentation we anticipate that you will agree with our presentation. We request the City of Denton's favorable consideration of our zoning change request. We believe the proposed Old North Place development will be a benefit to the surrounding neighborhood and the City of Denton as a whole. We look forward to working with Mason- Harrison-Jarrard Enterprises and the City of Denton to bring this project to a successful completion. We appreciate your time and consideration with this matter. Respectfully submitted, Isbell Engineering Group, Inc. Vicki Oppenheim Senior Planner Lee Allison, P.E. Manager of Civil Engineering Division Isbell Engineering Page 10/30/2002 23. I .... ';! lll:!t i i ii.i I1 :1~!!i /---"-7-- l \' / 9 luotuqou~V 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CondenseItTM Page 85 COMMISSIONER APPLE: Item No. t 5 is also a public hearing. And Ms. Viera with the planning slaff will present. I'll open the public hearing. MS. VtEP,~: need evening, Commission. Tonight the applicant is requesting to change 1.44 acres from NR-3 to NRMU, 1.66 acres frown NR-3 to CMG and 9.14 acres from Nm, gu to CMG. The proposed 1.44 acres are surrounded by land uses and zoning districts are compatible. Any proposed nonresidential use or multi-finally use would require to provide a buffer along the north part of the development. The pointer shows the m~-3 zoning district where they have to provide buffer if nonresidential uses are proposed. Because the Comprehensive Plan Amendment was approved, the remaining 11 acres must be zoned CMO or Page 87 1 underlying land use associated with the property. It was 2 previously existing neighborhoods, basically, and that 3 strip, if you will, along University, this body just 4 reconunended that that be changed to community mixed use, 5 which has different zoning classifications associated 6 which would be consistent with that land use. So our 7 Comprehensive Plan -- our zoning is set up that the zoning 8 is consistent with the land use. So now, that the land 9 use has changed, we need to look at a revised zoning for 10 that strip. I 1 Ms. C.~EK: well, then there's really 12 nothing I can do. Is that what we're saying? it's going 13 to change. But one other thing I didn't bring up is 14 there's a ton of wildlife back in that area. We had owls 15 in our back yard having baby owls in a little box ia our CME to be compatible with the Comprehensive Plan Amendment. The difference between CMO and CME are provided in your backup on page 6. In a nutshell, what the difference between CMS is -- the residential uses, that will be allowed under the CMG. but not allowed on the CME; however, the eMU zoning provides more control over nonresidential uses about the intensity and the square footage of those uses. And that information is provided on your page 6. I would like to point out that the applicant have made an effort 16 17 18 19 20 21 22 23 24 25 back yard. That's not going to happen when this goes up. You know, we had -- we have bedfives. We have lots of wildlife going on. And this is all gone. We had a red-tail hawk. That's going to be gone. You know, all this is gone and all because commercial is coming in. That's all t have to say. COMMISSIONER APPLE: Thank you, Ms. Cheek. David Appling. MR. AePLrr40: I think I will just sort of reiterate what I had said before with respect to thc sort Page 86 I to control intensity of the CMG by providing a strip 2 development of CMG. SO ill some extent, the configuration 3 of the land will limit itself the intensity of the use. 4 A neighborhood meeting was held on October 5 29th at the church. Copies et' the minutes are provi&d in 6 your backup for reference. At this point of time staff 7 have not received any opposition within the 200 feet of 8 the zoning change request. This concludes staff's 9 presentation. 10 COMMISSIONER APPLE: Thank you, Ms. Viera. 11 Would the applicant like to present? 12 MR. BUSSELL: I'm here if y'all have any 13 additional questions. 14 COMMISSIONER APPLE: Thank you. 15 MR. BUSSELL: Yes, lrta'am. 16 COMMISSIONER APPLE: IS there anyone 17 present who would like to speak in support of this item? 18 Again, I have cards from people who wish to speak on this 19 item, also. Laura Cheek. 20 MS. CHEEK: I'm a little confused on what 21 actually this -- 22 COMMISSIONER APPLE: Certainly. We'll let 23 Mr. Reichhart clear that up for you. 24 MR. REICHHART: The difference between the 25 two cases, the first case that was just heard is for the 6 7 8 9 l0 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 88 of compromise as we were observing taking place and the consequence of the potential compromises we felt were going to take place. So I just register that accordingly. Thank you very much. COMMISSIONER APPLE: Thank you, sir. Then, additionally, I have the cards from the people who did not wish to speak, but wish to address this item. And I read those comments on thc earlier case. It was the same four people with the same comments for this item, also. Is there anyone else present who would like to address this item? Seeing no one coming forward, I'll close the public hearing and ask for comments from Commissioners. Commissioner Mulroy. COMMISSIONER MULROY: Based on the previous corm'nents and the same rationale, I'm ready to move approval of the zoning changes per the request by the applicant. COMMISSIONER APPLE: WE have a motion on the table. COMMISSIONER JOHNSON: second. COMMISSIONER APPLE: And we have a second~ Is there discussion? Hearing none, vote, please. Motion carries 7-0. PLANNING AND ZONING COMMISSION NOVEMBER 13, 2002 Page 85 - Page 88 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR A ZONING CHANGE FOR A 1.44 ACRE PARCEL FROM NR-3 TO NRMU, A 1.6 ACRE PARCEL FROM NR-3 TO CM-G, AND A 9.14 ACRE PARCEL FROM NRMU TO CM-G; SUCH PARCELS BEING GENERALLY LOCATED AT THE NOTHWEST CORNER OF UNIVERSITY DRIVE AND OLD NORTH ROAD IN THE W. POGUE SURVEY, ABSTRACT NO. 1012, CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0052) WHEREAS, Ralph Mason, on behalf of Mason-Harrison-Jarrard Enterprises, has initiated a change in zoning for a 1.44 acre parcel of land described as "Zoning District A" in Exhibit "A" attached hereto and made a part hereof by reference, from Neighborhood Residential 3 (NR-3) to Neighborhood Residential Mixed Use (NMRU) (the "Zoning District A Zoning Change"); for a 1.6 parcel of land described as Zoning District B in Exhibit "A", from Neighborhood Residential 3 (NR- 3) to Community Mixed-Use General (CM-G) (the "Zoning District B Zoning Change"); for a 9.14 acre parcel of land described as Zoning District C in Exhibit "A" from Neighborhood Residential Mixed-Use (NRMU) to Community Mixed-Use General (CM-G) (the "Zoning District C Zoning Change") (the Zoning District A Zoning Change, Zoning District B Zoning Change and the Zoning District C Zoning Change are collectively called the "Zoning Changes"); and WHEREAS, on November 13, 2002, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the Zoning Changes; and WHEREAS, the City Council finds that the Zoning Changes are consistent with the Comprehensive Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. The Zoning Changes are hereby approved and adopted. Notwithstanding the legal descriptions contained in Exhibit "A", the Zoning Changes also include all property to the centerline of all adjacent street rights-of-way. SECTION 2. The City's official zoning map is amended to show the Zoning Changes. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall Page 1 of 7 constitute a separate and distinct offense. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Demon Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 of 7 Zoning District A EXHIBIT "A" FIELD NOTES to all that certain tract of land situated in the Wesfly Pogue Survey, Abstract Number 1012, City of Denton, Denton County, Texas and being a part of a called 1.8978 acre tract described in the deed from First State Bank of Denton to Danny R. O'Dell as recorded under County Clerk's File Number 93-R0031344 of said Real Property Records of Denton County, Texas and being all of the called 0.177 acre tract described in the deed from First State Bank of Denton to Danny R. O'Dell as recorded under County Clerk's File Number 96-R0011918 of said Real Property Record of Denton County, Texas, and a part of a called 0.40 acre tract of land described in the deed from Thompson Properties Ltd. To Harvey Ann Thompson as recorded in Volume 640, Page 442 of said Deed Records of Denton County, Texas; and being more particularly described as follows: BEGINNING at a found 1/2" iron rod at the Northwest comer of said 1.8978 acre O'Dell tract; THENCE South 88 degrees 44 minutes 47 seconds East with the North line thereof a distance of 304.55 feet to a found 1/2 inch iron rod at the Northeast comer thereof at the Northwest comer ora called 1.8479 acre tract of land described in the deed from John E. Blackwell to Adams 84-A, a Texas partnership as recorded in Volume 1642, Page 117 of said Real Property Records of Denton County, Texas; THENCE South 01 degrees 31 minutes 43 seconds West with the West line thereof and the East line of said 1.8978 acre O'Dell tract a distance of 207.09 feet to the Southeast comer of the herein described tract; THENCE North 88 degrees 31 minutes 34 seconds West a distance of 302.63 feet to a point in the West line of said 0.40 acre Thompson tract; THENCE North 01 degrees 00 minutes 26 seconds East with the West line thereofa distance of 7.82 feet to a found 1/2 inch iron rod at the Northwest comer thereof and the Southwest comer of said 0.177 acre O'Dell tract; THENCE North 01 degrees 07 minutes 49 seconds East with the West line thereof a distance of 44.14 feet to a found 1/2 inch iron rod at the Northwest comer thereof; same being the Westerly most Southwest comer of said 1.8978 acre O'Dell tract; THENCE North 00 degrees 57 minutes 26 seconds East a distance of 153.97 feet to the PLACE OF BEGINNING and enclosing 1.44 acres of land. Zoning District B Page 3 of 7 FIELD NOTES to all that certain tract of land situated in the Wesfly Pogue Survey, Abstract Number 1012, City of Denton, Denton County, Texas and being a part of the called 0.822 acre tract described in the deed from M/D Joint Venture to Conine Capital Corporation as recorded in Volume 2904 Page 42 of the Real Property Records of Denton County, Texas, a part of a called 1.8978 acre tract described in the deed from First State Bank of Denton to Danny R. O'Dell as recorded under County Clerk's File Number 93-R0031344 of said Real Property Records of Denton County, Texas and a part of a called 0.40 acre tract of land described in the deed from Thompson Properties Ltd. To Harvey Ann Thompson as recorded in Volume 640, Page 442 of said Deed Records of Denton County, Texas; and being more particularly described as follows: BEGINNING at a capped ½ inch iron rod set for the Southwest comer of the herein described tract, same being in the West line of said 0.822 acre Connie Capital Corporation tract; THENCE North 01 degree 00 minutes 03 seconds East with the West line thereof a distance of 151.08 feet to a found ½ inch iron rod for the Northwest comer thereof at the Southwest comer of a said 0.40 acre Thompson tract; THENCE North 01 degrees 00 minutes 26 seconds East with the West line thereof a distance of 92.39 feet to the Northwest comer of the herein described tract; THENCE South 88 degrees 31 minutes 34 seconds East a distance of 302.63 feet to the Northeast comer of the herein described tract; THENCE South 01 degrees 31 minutes 43 seconds West with the West line thereof a distance of 222.05 feet to a found aluminum capped ½ inch iron rod; THENCE South 89 degrees 10 minutes 51 seconds West with the said new North right-of-way line a distance of 61.39 feet to a found ½ inch iron rod; THENCE South 88 degrees 05 minutes 22 seconds West with said right-of-way line a distance of 80.00 feet to a found aluminum capped ½ inch iron rod; THENCE South 86 degrees 56 minutes 59 seconds West with said fight-of-way line a distance of 79.85 feet to a found aluminum capped ½ inch iron rod; THENCE South 85 degrees 46 minutes 59 seconds West with said fight-of-way line a distance of 80.01 feet to the PLACE OF BEGINNING and enclosing 1.60 acres of land. Zoning District C FIELD NOTES to all that certain tract of land situated in the Wesfly Pogue Survey, Abstract Number 1012, City of Denton, Denton County, Texas and being a part of a called 2 acre tract of land described in the deed from Miss Harvey Thompson to Kelly L. Brooks and Gerald W. Brooks Recorded in Volume 459, Page 262, Deed Records of Denton County, Texas, and being a part of Page 4 of 7 that certain tract of land described in the deed to Telico Land and Cattle Company, Inc. as recorded under County Clerk's File Number 96-R0073592 of said Real Property Records of Demon County, Texas, and being a part ora called 1.9894 acre tract of land described in the deed from Harvey Allen Thompson et al to Adams 84-A, a Texas Partnership as recorded in Volume 2385, Page 136 of said Real Property Records of Denton County, Texas, and also being a part of Lots 1 and 2, Thompson Addition Section Two, an addition in the City of Denton, Denton County, Texas, according to the plat thereof as recorded in Cabinet C, Page 263 of the Plat Records of Denton County, Texas; and being more particularly described as follows: BEGINNING at a found "X" cut in concrete on the West line of Old North Road at a Northeast comer of said Lot 1 and also being the Southeast comer of Lot One of Thompson Addition, Phase One, Lot One, and addition to the City of Denton, Denton County, Texas, according to the Plat thereof as recorded in Cabinet B, Page 146 of said Plat Records of Denton County, Texas; THENCE South 01 degrees 41 minutes 35 seconds West with the said West line of Old North Road and the East line of first memioned Lot 1, passing a found 1/2 inch iron rod at 80.08 feet for the Easterly most Southeast comer of said Lot 1 and the Northeast comer of said 1.9894 acre tract, continuing along said course in all, a total distance of 320.38 feet to a set capped 1/2 inch iron rod at the Southeast comer of said 1.9894 acre tract in the North line of US Highway 380 (East University Drive); THENCE North 88 degrees 13 minutes 42 seconds West with the South line of said 1.9894 acre tract and North line of said US Highway 380, a distance of 278.69 feet to a found aluminum capped 1/2 inch iron rod in the new North right-of-way line US Highway 380; THENCE North 72 degrees 32 minutes 35 seconds West with the said new North fight-of-way, a distance of 88.04 feet to a found aluminum capped 1/2 inch iron rod in the West line of said 1.9894 acre tract and in the East line of said Lot 1; THENCE North 73 degrees 39 minutes 24 seconds West with said new North fight-of-way line of US Highway 380, a distance of 80.98 feet to a found aluminum capped 1/2 inch iron rod; THENCE North 74 degrees 09 minutes 20 seconds West, a distance of 81.23 feet to a found aluminum capped 1/2 inch iron rod in the West line of said Lot 1 and East line of said Lot 2; THENCE North 75 degrees 59 minutes 18 seconds West continuing along said new North right-of- way line, a distance of 79.94 feet to a found aluminum capped 1/2 inch iron rod; THENCE North 77 degrees 07 minutes 40 seconds West, a distance of 80.00 feet to a found aluminum capped 1/2 inch iron rod; THENCE North 78 degrees 16 minutes 03 seconds West, passing the West line of said Lot 2 and cominuing a total distance of 80.00 feet to a found aluminum capped 1/2 inch iron rod; THENCE North 79 degrees 24 minutes 27 seconds West continuing along said new right-of-way, a Page 5 of 7 distance of 80.00 feet to a found aluminum capped 1/2 inch iron rod; THENCE North 80 degrees 32 minutes 50 seconds West continuing along said new right-of-way line, a distance of 80.00 feet to a found aluminum capped 1/2 inch iron rod; THENCE North 81 degrees 41 minutes 13 seconds West, passing the East line of said 2 acre tract at a distance of 21.43 feet and continuing along said course in all a total distance of 80.00 feet to a found aluminum capped 1/2 inch iron rod; THENCE North 82 degrees 49 minutes 37 seconds West, a distance of 80.40 feet; THENCE North 83 degrees 58 minutes 00 seconds West with said new North right-of-way line of US Highway 380, a distance of 80.00 feet; THENCE North 85 degrees 06 minutes 23 seconds West with said new right-of-way line, a distance of 80.00 feet; THENCE North 86 degrees 14 minutes 47 seconds West with said new right-of-way line, a distance of 80.00 feet; THENCE North 87 degrees 23 minutes 10 seconds West with said new right-of-way line, a distance of 80.00 feet; THENCE North 88 degrees 31 minutes 34 seconds West with said new right-of-way line, passing the West line of said 2 acre tract at a distance of 38.60 feet and continuing along said course, in all a total distance of 80.00 feet to a found aluminum capped 1/2 inch iron rod; THENCE North 89 degrees 28 minutes 08 seconds West with said new right-of-way line, a distance of 80.21 feet to a found aluminum capped 1/2 inch iron rod; THENCE South 89 degrees 10 minutes 51 seconds West with the said new North right-of-way line, a distance of 18.34 feet to a found aluminum capped 1/2 inch iron rod in the West line of said Telico tract; THENCE North 01 degrees 31 minutes 43 seconds East with the West line thereof a distance of 222.05 feet to the Northwest comer of the herein described tract; THENCE South 88 degrees 31 minutes 34 seconds East a distance of 334.40 feet to an angle point; THENCE South 83 degrees 16 minutes 39 seconds East a distance of 753.83 feet to an angle point; THENCE South 88 degrees 18 minutes 24 seconds East a distance of 486.69 feet to the PLACE OF BEGINNING and enclosing 9.14 acres of land. Page 6 of 7 12/10/02 #5D AGENDA INFORMATION SHEET AGENDA DATE: December 10, 2002 DEPARTMENT: Planning and Development Department CM/DCM/ACM: Dave Hill, Assistant City Manager 349-8314 SUBJECT - Z02-051 (Prominence Square) Hold a public heating and consider adoption of an ordinance rezoning approximately 7.5 acres from Planned Development 191 and Employment Center industrial (EC-i) zoning districts to an Employment Center Commercial (EC-C) zoning district. The site is generally located south of University Drive, between Loop 288 and Mayhill Road. A convenience store and gas station are proposed. Planning and Zoning Commission recommends approval (7-0). BACKGROUND Applicant: Karen Mitchell on behalf of Henry Rife Denton, Texas The 5 acres of Employment Center industrial Zoning (EC-i) zoning district allows for quick vehicle servicing and drive thru facilities, however does not allow for a retail sales and services. The current 2.5 acres in the PD-191 zoning allows for retail, but not a gas station. The proposed Employment Center Commercial (EC-C) zoning district would allow for all necessary uses required to construct the proposed gas station/convenience store. The use is located on University Drive, a six lane Primary Major Arterial and is surrounded by similar and compatible uses. Public notification and property owner responses are provided in Attachment 4. As of this writing, staff has received three favorable responses from property owners within 200 feet of the subject site. As opposition is less than 20% a simple majority vote by City Council will be required to approve this request. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval 7-0. ESTIMATED PROJECT SCHEDULE A revised preliminary plat and final plat will be required prior to issue of any permits. PRIOR ACTION/REVIEW The following is a chronology of Z02-0051, commonly known as Prominence Square: Application Date - DRC Date - Planning and Zoning Public Hearing - Date: Date: Date: September 27, 2002 October 10, 2002 November 13, 2002 No Neighborhood meeting was held FISCAL INFORMATION Future development of this property under the new EC-C zoning will increase the assessed value of the city. No short-term public improvements that are the responsibility of the city will be necessary. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification (Property Owner Notification Map and Property Owner Responses) 4. Photographs 5. Minutes from November 13, 2002 Planning and Zoning Meeting 6. Draft Ordinance and Exhibit A Prepared by: Autumn Speer Planner I Respectfully submitted: Douglas S. Powell, AICP Director of Planning and Development A-I-I-ACHMENT 1 Staff Analysis Summary of Zonin~ Request The applicant is requesting two parcels of land totaling approximately 7.5 acres be rezoned from Planned Development 191 and an Employment Center Industrial (EC-I) zoning district to a Employment Center Commercial (EC-C) zoning district. The requested zoning change allows the applicant to pursue construction of a convenience store and gas station. Existing Condition of Property Property History. February 20, 2002 - One portion of the subject property was placed in the Employment Center Industrial (EC-I) zoning district and land use classification by Ordinance 2002-040. The west portion was placed in the Planned Development 191 land use classification on November 7, 2000 by ordinance 2000-417. The subject property is vacant. Adjacent zoning: North: Employment Center Industrial (EC-I)) zoning district - Commercial uses South: Planned Development 191 - vacant East: Employment Center Industrial (EC-I)) zoning district - Commercial uses West: Planned Development 191 - vacant Comprehensive Plan Analysis The subject site is located within an "Employment Center" future land use area. Employment Centers are intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. Employment centers are also intended to accommodate secondary uses that complement or support the primary workplace uses, such a hotels, restaurants, convenience shopping, and child care. Adequate public facilities shall be a criterion by which zoning is granted. New development will be compatible with the existing uses and zoning of the surrounding properties at this time. Development Review Analysis Transportation Trip Generation. A traffic impact analysis may be required based on intensity of proposed use. Access and Connectivity Currently the access to the property is from University Drive. University Drive is identified as a primary major arterial by the Denton Mobility Plan. University Drive is maintained by Texas Department of Transportation and any permits for curb cuts must gain their Final approval. Public Infrastructure Currently the infrastructure in this area is adequate to serve the proposed development. Development Code/Zonin~ Analysis The current Employment Center Industrial Zoning allows for quick vehicle servicing and drive thru facilities, however does not allow for a retail sales and services. The current PD-191 zoning allows for retail, but not a gas station. The proposed Employment Center Commercial (EC-C) zoning district would allow for all necessary uses required to construct the proposed gas station/convenience store. Additionally, the requirements of the Development Code will ensure that any development will meet minimal design standards without the need for additional public hearings, which is currently required for the portion of the property within Planned Development 191. Staff Findings The proposed zoning change is compatible with The Denton Plan and surrounding land uses. ATTACHMENT 2 Maps NORTH Location/Zoning Map ETJ LOCATION MAP Scale: None ATTACHMENT 3 Public Notification NORTH Notification Map 1400 500' Notification Scale: None Public Notification Date: October 31, 2002 200' Legal Notices* sent via Certified Mail: Number of responses to 200' Legal Notice · In Opposition: 0 · In Favor: 4 · Neutral: 1 11 Percent of land within 200' in opposition: 0 % *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 Property Owner Responses Ken Hodge & Associates Favor Phone Call on 11/6 1013 Long Prairie Road Ste 100 3426 E University Flower Mound, Texas 75022 Charles Janssen Favor NA 3326 East University Denton, Texas 76208 Joy Henrie Neutral NA 3203 E University Denton, Texas 76208 Rene Cassar & Gisele Caesar Favor 3209 E University & 3325 E University 2212-163 Fort Worth Drive Denton, Texas 76205 *A copy of the original notice can be picked up at City Hall West, 221 N. Elm Denton TX 76201 NOTICE OF PUBLIC HEARIN6 Z02-0051 The Planning and Zoning Commission of the City of Denton Will hold a public hearing on Wednesday, November 13, 2002, to consider rezoning an approximately 7.5 acre site generally located south of University Drive, between Loop 288 and Mayhill Road, from Planned Development 191 and an Employment Center Industrial (EC-I) zoning district to an Employment Center Commercial (EC-C) zoning district (see map on backside). The property is legally described as a portion of Tract 28 in Abstract 0774 in the W.M. Lloyd 9urvey in Old Denton Cad TR 1G3 and Tract 29 in Abstract 0774 in the W.M. Lloyd Survey in Old Denton Cad TR 4, in the City of Denton, Denton County, Texas. A convenience store and gas station are proposed. The public hearing will start at 7:00 p.m. in the City Council Chambers of City Hal] located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and invites you to attend the publichearin .i~ Piease, in order for your opinion to · comments prior~f~f the public hearing. (This be taken into account, return this form with.your in no way prohibits you from attending and participatingin the/~l~r-~~ may fax it to the number located at the bottom, mail it to the address below, o r d//~rl/o~~-~~ Planning a.d Development Departm~ !~ 221 N. Elm ST Denton, Texas 76201 Attn: Autumn Speer, Planner I designed to The zoning process includes two public hearings provide oppo~ L/for citizen involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing is held before the Planning and Zoning Commission. The Commission is informed of the percent of responses in support and in opposition. Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of landowner opposition. In favor of request Reasons for Opposition: Please circle one: Opposed to request Printed Name?/ ~7-'z~zy ~.,~..,/--/~'~t.) Mailing Address: ~3 z_~.~ City, State Zip: ~b~F~ Telephone Number: .. Physical Address of Prope~y within 200 feet: ~.~~ CITY OF DENTON, TEXAS Z02~0051 200' Not/ce Cl'rY HALL WEST · DENTON, TEXAS 76201 · 940.349.8350 · (F) 940,349.7707 Mov 07 OE 03:49p Ward's Bod~ shop (840) 888-1556 NO'I ¢E OF PUBLIC HEARINE, Z02-0051 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, November 13, 2002r to consider rezoning an approximately 7.5 acre site generally located south of University Drive, between Loop 288 and Mayhill Road, from Planned Development 19I and an Employment Center industrial (EC-I) zoning district to an EmpJoyment Center Commercial (EC-C) zoning district (see map on backside). The property is legally described as a portion of Tract 28 in Abstract 0774 in the W,M, Lloyd Survey in Old Denton Cad TR 1G3 and Tract 29 in Abstract 0774 in the W.M Lloyd Survey in Old Denton Cad TR 4, in the City of Denton, Denton County, Texas. A convenience store and gas station are proposed. The public hearing wiil start at 7;00 p.m. in the City Court ' Chambers of City Hall located at 215 E McKinney Street, Denton, Texas. Because you own pr, ' ' o hundred (200) feet of th; subject property, the Planning and Zoning Commission u feel about this zoning change request and invites you to attend the publ~ pinion to be taken into account, return this form with your commen ng. IThis in no way prohibits you from attending and participating, x it to the number located at the bottom, mail it to the address be Planning and Development De Denton, Texas 76201 ~ Attn: Autumn Speer, Planner I The zoning process includes two public headngs designed to provide oppor[unities for citizen involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject pro~pedy are notified of the zoning request by way of this notice. The first public hearing [s held before thb Planning and Zoning Commission. The Commission is informed of the percent of responses in support and in opposition. Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. if owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of landowner opposition. Reasons for Opposition: Please circle one: Neutral to request Opposed to request Printed Name: Ci~, State Zip: Telephone Number:~¢ ~ Physical Address ClTY OF DENTON, TEXAS Z02-0051 200' Nolice CITY HALL WEST · DENTON, TEXAS 76201 · 940.349.8350 · (F) 940.349.7707 NOTTCE OF PUBL:I:¢ HEAR]:N Z02-0051 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, November 13, 2002, to consider rezoning an approximately 7.5 acre site generally located south of University Drive, between Loop 288 and Mayhill Road, from Planned Development 191 and an Employment Center Industrial (EC-I) zoning district to an Employment Center Commercial (EC-C) zoning district (see map on. backside). The property is legally described as a portion of Tract 28 in Abstract 0774 in the W.M. Lloyd Survey in Old Denton Cad TR 1G3 and Tract 29 in Abstract 0774 in the W.M. Lloyd Survey in Old Denton Cad TR 4, in the City of Denton, Denton County, Texas. A convenience store and gas station are proposed. The public hearing will start at 7:00 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account,.retum this form with.your comments prior to the.date of the. Public .hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom, mail it to the address below, or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Autumn Speer, Planner I Nuv 0 5 2002 The zoning process includes two public hearings designed to provide opportunities for citizen involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing is held before the Planning and Zoning Commission. The Commission is informed of the percent of responses in support and in opposition. Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of landowner opposition. I~nn fav°r of re~ Reasons for Opposition: Please circle one: Neutral to request Opposed to requeSt Signature:' -~ ~ Printed Name: ~,~ Mailing Address: ,~G'~-- ~/&~ ,,~a]' City, State Zip: ~)~,.~/~,'d '7-$, Telephone Number: ~'~/ ,'~-.,r 7' Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS Z02-0051 200' Notice CiTY HALL WEST · DENTON, TEXAS 76201 · 940.349.8350 · (F) 940.349.7707 NOTICE OF PUBLIC HEAEIN6 Z02-0051 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, November 13, 2002, to consider rezoning an approximately 7.5 acre site generally located south of University Drive, between Loop 288 and Mayhill Road, from Planned Development 191 and an Employment Center Industrial (EC-I) zoning district to an Employment Center Commercial (EC-C) zoning district (see map on backside). The property is legally described as a portion of Tract 28 in Abstract 0774 in the W.M. Lloyd Survey in Old Denton Cad TR 1G3 and Tract 29 in Abstract 0774 in the W.M. Lloyd Survey in O~d Denton Cad TR 4, in the City of Denton, Denton County, Texas. A convenience store and gas station are proposed. The public hearing will start at 7:00 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number l°cated at the bottom, mail it to the address below, or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Autumn Speer, Planner I 2002 The zoning process includes two public hearings designed to provide opportunities for citizen involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing is held before the Planning and Zoning Commission. The Commission is informed of the percent of responses in support and in opposition. Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of landowner opposition. ..... i~n-~f~lv°r of r;qu~st~ Reasons for Opposition:. Please circle one: .... Neutral to request Opposed (o request Signature:~ Printed Name: Mailing Address: City, State Zip: ._. Telephone Number: ,~"/~/,¢,¢7- ¢'~/~ Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS Z02-0051 200' Notico CITY HALL WEST o DENTON, TEXAS 76201 · 940,349.8350 · (F) 940.349.7707 ATTACHMENT 4 Photographs ATTACHMENT 4 Photographs CondenseItTM 1 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 49 COMMISSIONER APPLE: Item 13 is a public hearing and will be presented by Mr. Reichhart. I'll open the public hearing. MR. REICHHART: Thank you. Prior to Autumn coming up here and presenting the case, thc applicant came in today with an issue that we needed to resolve prior to the public hearing. Before you on the overhead is an outline of the project that we thought we were going forward with the rezoning tonight. And that is the site Page 51 that is in your backup. This area that is outlined in black is the actual site that the applicant is requesting to rezone. They've revised their site layout from approxhnately 7.5 acres to approximately 5.2 acres as described in that outline. As you can sec, there is a little bit of area that is outside the area that we 1 District. As you can see -- as you will see shortly, the 2 existing site -- the existing site, as you can see, the eD 3 191 area is the green, tiao southern portion of the site. 4 The main reason for this rezoning, the 5 Employment Center Industrial District -- tho applicant is 6 proposing a convenience store gas station. The Employment 7 Center Industrial District allows the drive-through 8 facility of the gasoline sales but not a convenience 9 store. The portion of the PD allows the convenience store, but not the drive-through facility of the gas station. So they're simply desiring to clean up the zoning going down to an m-nployment center commercial to allow both the convenient store and the gas station use. The proposed zoning is compatible with the existing uses of the area. It does comply to the Denton Development originally thought we were rezoning. But we do believe that that will not cause a problem for tonight. Here is the original site again. And this line surrounding it is our 200 foot notification area. The properties that arc shaded are the ones that were -- received the 200 foot notice. Under the new scenario, as you can see, with the 200 foot notice exactly the same properties would have been noticed. So our newspaper notice said 7.5 acres, Page 50 we're now at 5.2, so we're covered under that scenario. And our 200 foot notification went to exactly the same people. As a matter of fact, the one discrepancy is on the property owner's -- the applicant's property. So we 10 11 12 13 14 15 16 17 18 Code. I'll entertain any questions. COMMISSIONER APPLE: Thank you. I don't see see any questions. This is a public hearing. We have no cards to request to speak. But is there anyone in the audience who would like to address this issue? Oh, the applicant. I'm so sorry, Ms. Mitchell. Forgive me. MS. MITCHELL: It'S okay. COMMISSIONER APPLE: ooodness gracious. MS. MITCHELL: I would be the one that Page 52 just wanted to make that clarification. Your backup --our presentation material still shows the old site because we just found out about it this afternoon. We have consulted with the attorney's office, described the situation, and they, too, concur that we are -~ we can go forward with the application under the new configuration. We will simply -- what I would request, if you arc going to go forward and make a recommendation on that, you would just make a recomnendation on the site as presented tonight. That description, legal description will be attached to the Ordinance if it goes forward. And that -- this configuration is what would be rezoncd. And with that, would be for this. COMMISSIONER APPLE: Thc'm3 yOU gO. Support this. MS. MITCHELL: I would be the one I'd answer any questions. Other than that, Autumn has the presentation to make. COMMISSIONER APPLE: Thank you for that explanation. MS. SPEER: Good evening once again, Cormnissioners. Agenda Item No. 13 conecrns a request to rezone approximately 5.2 acres from its current zoning as PD 191 and an ECI, Employment Center Industrial Zoning 19 20 21 22 23 24 25 5 supporting this request. Good evening, Madam Chair, 6 members of the Planning and Zoning Commission. Thank you 7 very much for allowing me to come before you this ~vening. 8 My name is Karen Mitchell with Mitchell Planning Group, 9 7823 Nine Mile Bridge Road in Fort Worth. 10 As the staff has already explained to you, 11 the application that was -- well, after our application 12 that was submitted to the City, it was determined that the 13 amount of land in our request did need to be revised. I 14 would like to thank the City staff very much for working 15 with us as quickly as you did. And it's very much 16 appreciated. 17 Our desire is for thc City to rezone 2.3 18 19 20 21 22 23 24 25 acres of land from the Pr) ~91 district and 2.9 acres from the Employment Center Industrial District to the Employment Center Colmnercial Zoning District. Our request fully complies with the City's adopted Comprehensive Plan. Employment center areas primarily encourage a variety of work places such as light manufacturing research development activities, corporate facilities, offices and institutions. PLANNING AND ZONING COMMISSION NOVEMBER 13, 2002 Page 49 - Page 52 CondenscltTM Page 53 1 Employment centers are also intended to 2 acconunodate secondary type uses that compliment or support 3 the primary workplace such as hotels, restaurants, 4 convenience shopping and child can:. As the staff report 5 indicated as well as Autumn, we are proposing to locate a 6 gasoline and convenience store on a portion of this 7 property. Although our site docs not warrant the usc of 8 the entire 5.12 acres, after working with the City staff, 9 we determined it was best to have a larger area zoned for 10 an Employment Center Commercial District rather than just 11 a small portion of land. 12 What I have before you kind of shows you a 13 bigger picture of this entire area. This is the site that 14 is under consideration right now. And that can show you a 15 little bit easier the two different zoning districts that 16 are on thc piece of property. Also, I've gone ahead and 17 added to this that there's a stream that comes through so 18 the majority of this property that was in the original 19 application, actually the rest of this is unusable flood 20 plain prepay that it's my understanding that the 21 applicant is going to be donating to the City as parkland. 22 And so with that, I will answer any questions hopcfully 23 that you-all may have. 24 COMMISSIONER APPLE: Thank you. 25 Commissioner Roy. 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 Page 54 COMMISSIONER ROY: At the site, there's a sign. It says Prominence Square, and our documents say Prominence Square. And I believe the sign says 100-acre development. Could you explain the difference between the 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 Page 55 COMMISSIONER JOHNSON: This property originally was part of the PD 191. DOeS the action we're taking here today impact PD 191 at all? MR. REICHHART: with the exception of pulling a small port[on out of the PD, no. COMMISSIONER JOHNSON: So the PD still applies to the remainder of the property? MR. REICHHART; That is correct. COMMISSIONER JOHNSON: okay. COMMISSIONER APPLE: Thank you. We have a motion and a second. Any discussion? Vote, please. Motion carries 7-0. It's been requested that we take a short break. We will reconvene at 8:30. (Break taken.) 7.5 acres and the 100 acres? MS. MITCHELL: YeS, Sir. If you look on this piece of -- or on this map right hem. All of this area that's in the greenish teal color, that actually is all of what is PD 19~, which is also known as Prominence Square. This is merely a portion, just a vcxy small portion of it. And it's this very tip of it that we're requesting to lake out of that eD lei. COMMISSIONER APPLE: I don't see any more questions. MS. MITCHELL: Thank yOLl. COMMISSIONER APPLE: Oh, thank you. Is them anyone present who wishes to address this ittma? Seeing no one coining forward, I'm going to close the public hearing. Commissioner Mulroy. COMMISSIONER MULROY: Yes. I'm ready to make a motion if there's no questions or comments. I move approval as amended. COMMISSIONER HOLT: second. COMMISSIONER APPLE: We have a motion and a second. Commissioner Johnson. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 56 PLANNING AND ZONING COMMISSION NOVEMBER 13, 2002 Page 53 - Page 56 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROViDiNG FOR A ZONING CHANGE FROM PLANNED DEVELOPMENT 191 (PD-191) AND AN EMPLOYMENT CENTER GENERAL (EC-G) ZONING DISTRICT CLASSiFiCATiON AND USE DESiGNATiON TO EMPLOYMENT CENTER COMMERCIAL (EC-C) ZONING DiSTRiCT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 5.2 ACRES OF LAND IN THE W. LLOYD SURVEY ABSTRACT 774 AND GENERALLY LOCATED ON THE SOUTH SIDE OF UNIVERSITY DRIVE APPROXIMATELY 1000 FEET EAST OF LOOP 288 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROViDiNG FOR A PENALTY iN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABiLiTY CLAUSE AND AN EFFECTIVE DATE. (Z02-0051). WHEREAS, Karen Mitchell on behalf of Henry Rife has applied for a change in zoning for approximately 5.2 acres of land being a portion of a tract in the W. Lloyd Survey Abstract 774, as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property") from Planned Development 191 (PD 191) and an Employment Center General (EC-G) zoning district classification and use designation to an Employment Center Commercial (EC-CD) zoning district classification and use designation; and WHEREAS, on November 13, 2002, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change is consistent with the Comprehensive Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The zoning district classification and use designation of the Property is hereby changed from Planned Development 191 (PD 191) and an Employment Center General (EC-G) zoning district classification and use designation to an Employment Center Commercial (EC-CD) zoning district classification and use. SECTION 2. The City's official zoning map is amended to show the change in zoning district classification. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be PAGE 1 published twice in the Demon Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the __ day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 2 Surveyors & Engineers of North Texas GREG EDWARDS, P,E. WILLIAM COLEMAN, R.P,L.$. 1621 Amanda Court Ponder, Texas 76259 Ph: (940) 482-2906 FAX: (940) 482-0009 www.sentcorp,com Toll-free: (877) 481-SENT PROPOSED EC-C ZONING 5.2 ACRES FIELD NOTES to ail that certain tract of land situated in the W. Lloyd Survey Abstract Number 774, City of Denton, Denton County, Texas and being a part of the called 64.073 acre tract described in the deed from Leslie T. Holland'et ux to Junction 288 Partners recorded in Volume 647, Page 152 of the Deed Records of Denton County, Texas and part of the called 5.012 acre tract described in the deed from Willis P. Carlton to Henry Rife recorded in Volume 5131, Page 2474 of the Real Property Records of Denton County, Texas; the subject tract being more padicularly described as follows: BEGINNING for the Northeast corner of the tract being described herein at a wood fence corner post on the South right- of-way of U. S. Highway 380 at the Northeast corner of the 5.012 acre tract and the Northwest corner of the called 2.958 acre tract described in the deed from Warren Jones to Gerald L. Simmons recorded in Votume 783, Page 197 of the said Deed Records; THENCE South 00 Degrees 00 Minutes 00 Seconds East generally along a fence with the East tine of the 5.012 acre tract a distance of 654.5 feet; THENCE North 73 Degrees 26 Minutes 38 Seconds West across the 5.012 acre tract a distance of 214 feet to the West line thereof and the East line of the 64.073 acre tract; THENCE Across the 64.073 acre tract the following four calls: 1. North 49 Degrees 08 Minutes 55 Seconds West a distance of 185 feet; 2. North 27 Degrees 00 Minutes 35 Seconds West a distance of 122 feet; 3. North 19 Degrees 03 Minutes 05 Seconds West a distance of 139 feet; North 17 Degrees 06 Minutes 22 Seconds West a distance of 138 feet to the South right-of-way of U.S. Highway 380; THENCE North 68 Degrees 55 Minutes 50 Seconds East with the South right-of-way of U.S. Highway 380 a distance of 107.41 feet to a concrete right-of-way monument at an angle point therein; THENCE North 80 Degrees 52 Minutes 52 Seconds East continuing with the South right-of-way of U.S. Highway 380 a distance of 183.49 feet to at a 1/2 inch iron rod found at the Northwest corner of the said 5.012 acre tract and the Northerly Northeast corner of the called 64.073 acre tract; THENCE North 80 Degrees 50 Minutes 03 Seconds East continuing with the South right-of-way of U. S. Highway 380 and the North line of the 5.012 acre tract a distance of 207.53 feet to a the PLACE OF BEGINNING and enclosing 5.2 acres of land more or less. Z:\Sent Records\800-900\814\SURVEY~DRAFTINGLZoning Change 10-13-02 5 ac.doc 12/10/02 #5E AGENDA DATE: DEPARTMENT: AGENDA INFORMATION SHEET December 10, 2002 Planning & Development CM/DCM/ACM: Dave Hill, Assistant City Manager 349-8314 SUBJECT - SI02-0010 (NRMU-12 districO Continue a public heating and consider adoption of an ordinance regarding amendments to Subchapter 5 of the Development Code related to the NRMU-12 zoning district. The Planning and Zoning Commission recommends approval (7-0). (SI02-0010, NRMU-12 Zoning District, Doug Powell) BACKGROUND Applicant: City of Denton At the October 15, 2002 the City Council approved proposed amendments to the NRMU-12 and NRMU zoning districts. The changes were proposed by the Planning and Zoning Commission as the result of issues raised during the fa'st Quarterly Report on the Development Code. The public hearing concerning the proposed amendment to the NRMU-12 zoning district as it relates to multi-family was continued to the December l0th Council meeting. The Planning and Zoning Commission had recommended a change that would require an Specific Use Permit (SUP) for multi-family development within 200 feet of an existing single-family house. Following the meeting, staff met to discuss possible ways to address the concerns raised by Council. However, the issues related to the NRMU-12 district still appear to be in need of further research and del'tuition. Staff recommends that the public heating be closed on December l0th, with the intent that this issue be taken up in a worksession by Council or remanded back to the Planning and Zoning Commission for further review. An ordinance reflecting the Planning and Zoning Commission's recommendation is attached if Council desires to proceed with amending the Development Code at this time. OPTIONS 1. Approve as submitted. 2. Approve with changes. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval 7-0. Based on follow-up staff discussions at the direction of City Council, no single alternative emerged as a clear choice to resolve the NRMU- 12 multi-family / single family residential spacing issue. 1 ESTIMATED PROJECT SCHEDULE N/A PRIOR ACTION/REVIEW The following is a chronology of SI02-0010 review (NRMU-12 & NRMU zoning districts): Planning and Zoning Worksession - Planning and Zoning Worksession - Planning and Zoning Public Hearing - City Council Public Heating - June 26, 2002 July 10, 2OO2 August 28, 2002 October 15, 2002 FISCAL INFORMATION N/A ATTACHMENTS 1. Staff Report of October 15, 2002 2. Draft Ordiance Respectfully submitted: Douglas S. Powell, AICP Director of Planning and Development AGENDA DATE: DEPARTMENT: CM/DCM/ACM: Attachment 1 AGENDA INFORMATION SHEET October 15, 2002 Planning & Development Dave Hill, Assistant City Manager 349-8314 SUBJECT - SI02-0010 (NRMU-12 and NRMU zoning districts) Hold a public heating and consider adoption of an ordinance regarding amendments to Subchapter 5 of the Development Code related to the NRMU-12 and NRMU zoning districts. The Planning and Zoning Commission recommends approval (7-0 on 5 amendments and 43 on one amendment). (SI02-0010, NRMU-12 &NRMU Zoning Districts, Doug Powell) BACKGROUND Applicant: City of Denton When the Development Code was adopted, Council approved a condition requiting the submittal of a quarterly report to evaluate the code's implementation. At the June 4, 2002 work session, Council reviewed the first Quarterly Report on the Development Code. The discussion resulted in consensus to pursue nine policy issues, one of which was the issue of the NRMU-12 and NRMU zoning districts. At the July 10, 2002 Planning and Zoning Commission workshop, consensus was reached to bring forward changes to these zoning districts. The staff analysis (Attachment 1) lists the six proposed changes and provides background information for this issue. Attachment 2 is a draft of the proposed changes to the Development Code. Also attached is a letter from Mark Donaldson requesting changes to the NRMU zoning district, which corresponds to the Item #6 change, proposed by the Commissioners. OPTIONS 6. Approve as submitted. 7. Approve with changes. 8. Deny. 9. Postpone consideration. 10. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval 7-0 of items 1-5 listed on page 4 of the staff report. The Planning and Zoning Commission recommends approval 43 (Watkins, Roy and Apple in opposition) of item number 6. ESTIMATED PROJECT SCHEDULE N/A PRIOR ACTION/REVIEW The following is a chronology of SI02-0010 review (NRMU- 12 & NRMU zoning districts): Planning and Zoning Worksession - Planning and Zoning Worksession - Planning and Zoning Public Hearing - Date: June 26, 2002 Date: July 10, 2002 Date: August 28, 2002 FISCAL INFORMATION N/A ATTACHMENTS 3. StaffAnalysis 4. Draft revisions to Subchapter 5 5. Letter from Mark Donaldson 6. Minutes 7. Draft Ordinance Respectfully submitted: Douglas S. Powell, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Issues related to the NRMU-12 and NRMU zoning districts have been raised as part of the Quarterly Report on the Development Code implementation. The changes proposed relate to Subchapter 5 of the Development Code only. The Planning and Zoning Commission discussed this issue at two worksessions, prior to holding a public hearing. The basis for the issue appears to be due to several recent zoning cases. The following table is a list of those cases and staff's understanding of the issues that were raised: W. Oak properties NRMU-12 NRMU Concern about higher intensity uses Concern about higher intensity uses NRMU-12 Concern about the amount of land being rezoned Dr. Wolski's property NRMU Concern about the amount of land being rezoned Gamble's property NRMU-12 Concern regarding the uncertainty of use Bonne Brae north NRMU-12 Concern that multi-family is allowed by right Concern that action would set precedent for North Elm NRMU-12 further rezonings to a higher intensity uses Based on this review, the recurring issue is the concern about higher intensity uses or the precedent of allowing the rezoning. However, those issues are not due to the character of the NRMU-12 and NRMU districts but the fact that a more intense zoning designation has been requested. As discussed by the Planning and Zoning Commission, the solution to that issue is to not approve the zoning application. Further, the NRMU district does not seem to be an issue based on these recent zoning cases. The NRMU district does contain the limitation [L(4)] which requires multi-family development be approved under the Specific Use Permit (SUP) process. The broad issue related to the NRMU-12 district is uncertainty of use in the NRMU-12 district. There are a total of 28 uses allowed by right, with an SUP or with a limitation in the district. The range of uses reflect the intent of this district to be mixed use; the Comprehensive Plan states: Residential Land Use Location Goals Revise the development regulations and allow urban-style housing in mixed use districts. Comprehensive Plan, pg. 39 Residential Land Use Location Strategies Establish regulations that allow neighborhood-oriented, nonresidential land uses in neighborhood centers. Comprehensive Plan, pg. 40 Residential Land Use Density. Goals Enable the creation of moderate housing densities within neighborhood centers in a mixed-use setting. Comprehensive Plan, pg. 40 Neiqhborhood Mixed-Use Activity Center The focus area of a neighborhood center contains facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, or a small park. These diverse facilities are ideally located in close proximity to one another in the center, so that all the essential neighborhood facilities are in one convenient location, accessible in a single stop or by walking or biking. It includes vertically integrated uses where different uses may occur on each floor of the building. Comprehensive Plan, pg. 43 The specific uses in the district are supposed to be of a similar intensity and thus the same compatibility with adjacent properties. The mixed use district allows for property to be developed for various uses without having to rezone the property for specific uses. The majority of the NRMU-12 and NRMU zoning districts were created to replace existing commercial, office, multi-family or PD zoning. The Commission reached consensus that multifamily uses in the NRMU-12 district should be revised to an SUP when the proposed zoning/project is adjacent to an existing neighborhood or is an "inffll" development. And finally, the Commission had a split vote on allowing attached single family development to be allowed by right in the NRMU district, at a maximum density of 12 units per acre. The following changes have been proposed to the NRMU- 12 and NRMU zoning districts: NRMU-12 1. Change limitation of"Retail Sales and Service" to L-15. (approved 7-0) 2. Change limitation of"Professional Services and Office" to L-14. (approved 7-0) 3. Require an SUP for multi-family development within 200 feet of an existing single- family house. (approved 7-0) NRMU 4. Change to allow SUP for "Quick Vehicle Servicing" & "Drive 'lhrough Facilities". (approved 7-0) Change L-11 to eliminate the "take out" restriction for restaurants. (approved 7-0) Allow "Attached Single Family Dwellings" at a maximum density of 12 units per acre by right. (approved 4-3) ATTACHMENT 2 Subchapter 5 35.5.2 Neighborhood Residential Sections: 35.5.2.1 Purpose. 35.5.2.2 Permitted Uses. 35.5.2.3 Gener~J Regulations. 35.5.2.4 35.5.2.1 Purpose. The purpose of the Neighborhood Residential land use is to preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patterns, and design standards. Land Use categories within the Neighborhood Residential areas include: 35.5.2.2 NR-1 NR-2 NR-3 NR-4 NR-6 NRMU- 12 NRMU Permitted Uses. Neighborhood Residential 1 Neighborhood Residential 2 Neighborhood Residential 3 Neighborhood Residential 4 Neighborhood Residential 6 Neighborhood Residential Mixed Use 12 Neighborhood Residential Mixed Use The following uses and their accessory uses are permitted within the Neighborhood Residential districts: llll///1 Agriculture P P P P P P P Livestock L(7) L(7) L(7) L(7) L(7) L(7) L(7) Single Family Dwellings P P P P P P N SUP SUP SUP SUP SUP Accessory Dwelling Units L(1 ) L(1 ) L(1 ) L(1 ) L(1 ) L(1 ) N Attached Single Family Dwellings N N SUP SUP P P Dwellings Above Businesses N N N N N P P Live/Work Units N N N N L(16) P P Duplexes N N N L(3) P P N Community Homes For the Disabled P P P P P P P Group Homes N N N N N SUP SUP SUP Multi-Family Dwellings N N N N N L(4) Manufactured Housing Developments N SUP N N SUP N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Home Occupation P P P P P P P Sale of Products Grown on Site N N N N N N N Hotels N N N N N N P Motels N N N N N N N Bed and Breakfast N N N N N L(10) P Retail Sales and Service N N N N N ~( L(17) Theaters Less than 1,000 seats N N N N N N L(14) Restaurant or Private Club N N N N N N L(11 ) Drive-through Facility N N N N N N Professional Services and Offices N N N N N L(17) Quick Vehicle Servicing N N N N N N Vehicle Repair N N N N N N N Auto and RV Sales N N N N N N N Laundry Facilities N N N N N P P Equestrian Facilities SUP SUP N N N N N Outdoor Recreation P P P P P SUP SUP Indoor Recreation N N N N N N N Major Event Entertainment N N N N N N N Commercial Parking Lots N N N N N N N Administrative or Research Facilities N N N N N N L(14) Broadcasting of Production Studio N N N N N N L(14) Sexually Oriented Business N N N N N N N Temporary Uses L(38) L(38) L(38) L(38) L(38) L(38) L(38) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Printing / Publishing N N N N N N N Bakedes N N N N N N L(21 ) Manufacture of Non-odoriferous Foods N N N N N N N Feed Lots N N N N N N N Food Processing N N N N N N N Light Manufacturing N N N N N N N Heavy Manufacturing N N N N N N N Wholesale Sales N N N N N N N Wholesale Nurseries N N N N N N N Distribution Center N N N N N N N Wholesale Storage and Distribution N N N N N N N Self-service Storage N N N N N N N Construction Materials Sales N N N N N N N Junk Yards and Auto Wrecking N N N N N N N Kennels L(37) L(37) N N N N N Veterinary Clinics L(14) L(14) N N N N P Sanitary Landfills, Commercial Incinerators, Transfer Stations N N N N N N N SUP SUP SUP SUP SUP Gas Wells L(27) L(27) L(27) L(27) L(27) L(27) L(27) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Basic Utilities L(25) L(25) L(25) L(25) L(25) L(25) L(25) Community Service N N N N N P P Parks and Open Space P P P P P P P Churches P P P P P P P Semi-public, Halls, Clubs, and Lodges SUP SUP SUP SUP SUP L(15) P Business / Trade School N N N N N N L(14) Adult or Child Day Care SUP SUP SUP SUP SUP P P Kindergarten, Elementary School SUP SUP SUP SUP SUP P P Middle School N N N N N P P High School N N N N N N SUP Colleges N N N N N N N Hospital N N N N N N N Elderly Housing N N N N SUP L(13) P Medical Centers N N N N N N P Cemeteries N N N N N N N Mortuaries N N N N N N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 35.5.2.3 General Regulations. General regulations of the Residential Neighborhood land use zone are contained in the table below: The following limits apply to subdivision of 2 acres or less: Minimum lot area (square feet) 32,000 16,000 10,000 7,000 6,000 3,500 2,500 Minimum lot width 80 feet 80 feet 60 feet 50 feet 50 feet 30 feet 20 feet Minimum lot depth 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 50 feet 15 feet 20 feet Minimum front yard setback 20 feet 20 feet L(2) L(2) 10 feet 10 feet None Minimum side yard 6 feet 6 feet 6 feet 6 feet 6 feet 6 feet 6 feet Minimum side yard adjacent to a street 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet None Minimum rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet None The following limits apply to subdivision of more than 2 acres in lieu of minimum lot size and dimension requirements: Maximum density, dwelling units per acre 1 2 3.5 4 6 12 30 Minimum side yard for non-attached 20 feet 10 feet 6 feet 5 feet 4 feet 10 feet 12 feet buildings The following limits apply to all buildings: Maximum lot coverage 30% 30% 50% 60% 60% 60% 80% Minimum landscaped area 70% 70% 50% 40% 40% 40% 20% Maximum building height 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet 65 feet 10 feet 10 feet 10 feet 10 feet 10 feet 15 feet 20 feet plus 1 plus 1 plus 1 plus 1 plus 1 plus 1 plus 1 foot for foot for foot for foot for foot for foot for foot for Minimum yard when abutting a single- each each each each each each each foot of foot of foot of foot of foot of foot of foot of family use or district building building building building building building building height height height height height height height above above above above above above above 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet 11 35.5.8 Limitations The following define the limitations to zoning uses when the zoning matrix idemify a use as permitted, but limited L(40) - Limited to a maximum of 12 units per acre. L(41) - Permitted, except that an SUP is required for multi-family developmem within 200 feet of an existing single- family house. L(ll) - Limited to sit down only, nz take z"~t .... :"~ and no drive up service permitted. Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area. 12 ATTACHMENT 3 Augmgt [ 2, 2(~02 P[tmning and Zoning Coamii~qon City of Denton 221 N. Elm St ~n~on, TX 7620[ ~: ?~dmen~s to fl~e ~ning Co~e As y~u cm~sJdcr ore.ding thc requi,remcnts and limitations oftlm ~MU a~d NRMU-12 zone distdct~, plo~e take a step b~ck a~d ~[] ,omo oldie basic tenets of The Demon Plan. md ~ake into accom~t l~ew these fimgamenta~ principles can bc maimained in the hnplememation ofthe Th~ demand ~ot ho~si~g i. Dent~n is gong to grow m 4 ~o 5 pe~gnt p~ y~ar ~5~r the next 20 yea~. 30~0~ to 40,000 n~' household~ co,old be added, to thc Cily ofDento~ ~y t~e year 2020. (%mpact developmenl is prefen'~ over sprawling devclopment~ In-~l developm~t is prefe=ed ov~ dewlopme~l at t~e ~ge of the community. DiveBity of housing stock is prefeged within the city~ A mix of~ses {a a neighBorhoo~ ~ale} is prefe~ wifl~in neigJ~bor~oed~. - As De,Ion ~mws, it should b~ome mom densely ~pu[a~ed, raher thm'~ less densely populated. · An eftbctive public transit s~:em requires nodes cf high-density housing linked with jobs, ~hools and shopping, - The prcfe=~ t~e of devetopm~ should be easier to do than dewlopmem that is not preferred. It is with these fandamealals in mind ~ba~. you shouM exmnine tZl¢ r~gu~aions ~ld limitatim~ of ~ge NRMU and NRMU-12 z~ae distficlg, Encase take into consideration the pri~ciple of inclusion (dOc,m~emert on p~ge 32 qCThe Denm. Pla~) aud the principle ~f a d~ver~ housing stock (documented c,~ f~sge 35 of T/re Demo~ PLum) by encoum~ng diver~e housing lo develop wffhin the cily; pmicuh~fly within NRM'U and 13 P&Z 08/12/02 Page 2 Please take into, con~idm'afion the prineiple of limiting sprawl (documen~d on page 3 5 of the Denlon P[~) to ~low ¢om=pex~t development patterns to "fill i~'" undeYeloped land within tl~e existing fabric of t,be cily's infrasmmmm by ermouraging deYelopm¢.~t of vacaa~ NLMU and Ni~MU-t2 zone d~.stric~s. Please take Jute consideration the extent ofth, e DeveIopmem Code and its mandatory deveI~meaI regulations and design standards I~at add[~ss thc quality, consis~xmcy, m~d compaI'[bility of al~ furore d~eIopm ent ~e specific amendment tMt can be made to encourage compact, hig~-densit7 housing a a neighborhood seale that can effectively be serum by the city ir~frastmcmm is m make i~ easier to ~evelop sinlle-family a~lac~ed hou!i~g within ike NRMIJ ~oae dis~iet. A~ c~rrent!¥ regulated, this b'pe of housi[kg i:n a mghbt3rh, ood ¢~n, te,r (WMc~ is consistent with all of the housing principles of~.e Da~ton Plan) requires a Specific USe Pem~ii., Such a mq~drement ii ~ huge restraint on d~elop.ment beaau.se it; requir~ a public hearing, This requirement deflects the most serious develop~ beea~se of the vagaries of the public hearing pro¢¢is. A small band o £ neighMm wha, don't want anything buiit anywhere near ~bcm can too ~sily sway a commission or cmmeil inn defeating: a pr~ect that is cmmistent wit:h The Denton Plan. Removing the SUP requirement for singie4amily attached ~ousiug i~ the N~MU zone district will free up the NRMU ~ne distri~ for the type of housing that m~ the priflciples of ~e Den to~ Plan, tt jus1 seems m make common s~se. Why should a 55~000 square foot retail and office cen1¢r be allowed, ~ a use by ~g~[ within the NRMU district, whm ~ 40 Bt ~iagle fi~mity ~tt~ehe:d housing development req~ir~ aa SUP? A Spcmific Use Pem~i.t i~ intruded to m~mage ~he secondary affects of development m assure compatible with adjacent pmpe~y. In t~s case, a shopping e~ter would ~tract mom traffic, attr~i more ac.fivil.y, create mom hght, create mom r~oise, ereate more odor, and at!tact more nuisances ~an would a singte family at. lac.heal hmming development Yet it is ~he singde thmily al;inched hou~g devebpmem th.al requires an SUP prior to developmeak Iencc, urage the C~mmiszion to consider remo'ving the requt~ment for a Specl£c Use Permii from single h~ly attached housing wi'&i[~ the NI~MU zone dt~t:r!~t; 1trunk you, Mark Donaldkxon 14 ATTACHMENT 4 ?ap 2! 15 24 chaa~ q~ak ~gck m~'Jc:i;~ m~d Page 22 6 d!o~ ia an Na~g,~ d,[~rict. 7 la Ataad~c~; 2, 1 ha~ provided 8 nww Su~Mp~cr 5 or a Subch~:r 5 that s~,~ 9 cbmngm in a stfit~-~ ~d~Miae m~c ~ ~u can ~0 exacdy l~ changt~ ~hat a~ ~iag pr~d. I l ~'!~r~ w~ a fifth chan~ ihat was di~s~d a2 at, t~ Coa~n[~Jf:m ~S~op, It h~ to do ~3 mu2i-f~ily in ~ NRMIJ; 12 ~i~, d. is~ct. t~ ~ting y~l d~d w,~ch c~ms,~ i~ make mukM~n[iy 16 wi!h a &fi:niti~ cf wi;at infiI] me~$, J? Ia t]~ C'mb []':~re ~uat~y i.s a &Sniti~ 18 of inFtll~ but I ~n't [kink it work~. A[~, we ~9' t~td na m:~ up -, or I was ~t abTc t~X ~,~ ~,, We 2n, ~6~l to cc~ ;~ w[~ a dcfiui~i~a of inffl[ 'tha~ 21 ~[iy [hough~ was ~pr~pri,me, ~ ~ ~lly ~tcd 22 with U~a m~J I w~'i ab[ to do ~at:. So in yo~ staff' 24 ~s ~n writ,l~a, I ~ a~i~ ~:ha/, Smt~'~L a!o~g Pug= 23 ] d~r. rlbe it as hffil[ but d~cri~ thc rfidjtim2.'L.~/Jy. 2 So may~ m ~6oa, yD~ have ~ o~li~ cf 3 lm~iag it alm~: wtfick n~s a~,iJi~y m say thzL ba~ m~ .4D,~ncy~ if 13 and acw n=J~bc~bc~ cmos:, [ 4 m~i, so l &~'~ ~v& ~m w~mkt 19 ~'a ~-es om ~, 8ow;'dalways 21 nc~b~h~ds: ~ ~xi on that C~:~p Plaa ([signal[m, So 22 w~ dMa't f~l li~ i~ was appt~riaie. up with ~nmtNng 5 ~ [mppy to ~q~ any quearioea ~n may have, 8 (~MM[Ss~0NU~ AFPLE; ~ank 7 Ma. ~WEL[.~ g ~ I k~tOW ~t~'S 9 ti'tat: ~ aUacb~d from ~ ~ ~o, all~v t~ 12 in cbc ~ia~ts dis,fricl, a'n~ Mr. ~nalds~ ia ~¢. Commissior~r Multi. M~m ~air: Dot~canwe~b~k tot~N~i~m? I 1 g a nomenc~ proN~n, ia our p~zk~ ymJ have Item i 19 NRMU. t2, 0~ S~bi,~s t anM 2, You have Irm~ 2 NRMU, 20 Subitmm~, Su~a~aph~ 3 2~ it~ 2 and ih~m Subpaawaphs 1 22 ihc~'m prctw much mlt~xpi~ and !hat ~'m up to 23 $~i ~ [hal. ~u)d we: ~ just a mom,mt ~w two more 24 on ~ l~m 5, u,s ytm (~d~ated, 1 ~uld su~ if it's 25 ~' ~b"8 ~dl~y gO~Bg: tO ~C ~pim[ imm 3 ~c:aum Item 5 PLANNING AND ZOI~GlqG COM]VHSSION AUGUST 28, 2002 Page 21 - Page 24 15 Co~liTM 1 7 $ 19 21 24 3 4 ]0 14 t? 21 ~2 23 PLANNING AND ZONING COMMIB~ION P~ge 25 CO~MliSlO~ MUi. aOY; T~ adi,~y. 6 ua, N~W~i,.L: -- multi-Eamify witL~n ~ ? problematic. We've ~d ext.,ire ~smsskm, We'~m kx~k[ng for a m>[~km, I thi~k, it', my ~o]~t~ is &t'[~ it, t~'$ aay dcvcl~ prope~y within tb~ 200 ~m~ legal hotly, t~n ~¢ wc~Ld cfmsi(~r that ~dj~r. md 2i infi]L Is t~m's no one ~d~nin 200 f~t~ t~n we Pa~ 26 it ~nfi[), I ~ld just call ~t; ~ia~m, %cm*s an ~yot~ thc ~tif~atim% it d~m't %~t'i b~Lcat~y 5 ~ ~ti~, A~it), 1 ~[ogizc for nol incladi.l~g tM~, ~a 8 auto.r, but k is ~. that ha~ mine ragima, Lc. ccnsi~t with t~ legal ky', 16 MR, ~OWELL: Thg? s oortccL 17 ~}MMISSIONER, ATPi,E: co~im~cn~ Roy, ~k~s, Either a ~ve[~ e~i:¢ing si~g[,e-f~miLy ];~ ', 24 Page 27 ~m~ ii aot aB}acent to c~3mmerci~l or mu)ii-fat'nily. And ~)i~ b~k ~}mewN~[ [o t~ Of mgll. ff it'~ no!, buig, if it's ~ned but not built, is it ~[ly ~Ja~c7 m ia it infilL I ~ink ifs ck'~ty J:nfil) ~ adj ~mf if Ih~ is a hnu~ acm · s~vml h~ms~ make m~ ,~mm¢ ~th ways to ~ k eit)~ %~md on tbo existing Nad ~ of sing~4m~i!,y or ~c exi~ing g ~le-~ilF ~m m~ mcdcmcd would be COMMLS~ONPX{ MIJl~OY: Yeg, ~[~S go ~) haw !l~is w~[d pNy out, If>~ have ~tifica~n nobly to come m d~: public ~ing, m we're r~l[y ~.~ rc4i[ity is yt~r ~4~nCy w00[8 ~ to MR BOWELL: !' be~Le2e t~mt is genemi~y a~i~<~ ,.vi~ l~: (Li~a~;~i~ if it's thru pro~y ~a~ i~ vaunt u~,d to b¢ ~, ~hm h,a~ ifi~emd that -~ muld triter jua ~ing bared Page 28 the zone. ~d 1 dmCt k:~ow ~f fi~aCs malty the m~e C(1,MM[SS~0N~B M'i~LR,OY; And in tha~ p~ico)~ ~ if I may, Excu~ ~, CF~MM[fiS[0NE~ APPLE: YO~ $tL][ hav6 ~ C0'MM[SSR)~E~ MDL[~OY: t~ th~ ~rti~l~* cam, sin~ w,z'w ~'cady mm'mM ih you w'~ talking a~t it a~m~ h~ th: N~MU-12 ~j~i pr~y l',av~ fl~ir zon,~g, l~'s ~y it's si, t~gt~-f~mily bu~ builf ~% ~11. fight no,w t[~y already ~ d~ righi h,~ ap~.~. So tbmy matly no¢ifi,~ Ikkai tM r~kt going ~ ~l~'[m an SI:~P ~ca,~.~ ~: ha~ bui}~ -- if it's no[ built om ~t, i~ righB ~m d]c m~ Thc~ COMMT,SfiIONEg APPLE: Conuni~ioL~ HotL Muko'y. i tl~ink i¢ a ~tt~ is bu:il~ -- if lt~e hou~ ii built, t,?~. it wield bc cm~sickmd infi}l Bt~t if it's jm~t ~.-med, ! }mt don't ~ [mw fi~a ~JM he CON~4ISSION~,~ APPLE; I'~ ]ik~ to ask a AUG'U~T 28, 2002 16 ~n~sgltTM Pabm 29 7 Aad~ or ~o~ thrum ~he oncs do~ng ~ work so 15 ~'t vt~' f~ ~ a [~ of ~[mcs ~t, n~i~ i,s I 6 gd. ag t.c go to, ~at 1~ MR, CO,WELL: We~I, W~$,~ We did J:s when 19 ~r~ ~or N~MU-12, A~d., ~ ~n ]a~x2~ [h~ a~S that 22 Foe example, ~hm's a lmgc t~ off af Z3 77 ~m~s the sn~ from .~ l was goi.ng m say t~ T~ :he pa~, No~h ~es Park. lt~s qtdm ~ ledge ~act. Page 3 0 I~ 3i ~4 a~dy haJ ~:~ei~' 2 Dom~k g~ w~ ~hat ~o~' was a;~cem 17 i~: am ~mg ~o ~ sx~ a~s ~x,t wo~)i~ ~ aff~ ky what l ~pmssed, h t~t l0 a~ ~il~ N~MLhl~ ze~ing. A~ ] ~ enact add ca~lit~ns:~ but fi:ii ~2~ lg ~m Eot ~a. My coac~'~ was 21 ~ c~i&~[ a~ a~acent, ~ank ~'~, Gommi~J~ PLANNING AND ZONING COMM!SSIO AU'GUST 28, 2002 Page 29 -Page32 17 [ I0 19 2¢) ! 3 ? 12 14 [6 18 19 2i 24 ?~ge 33 glng~eq'a~ly rezk~n<e~ [ ~ fl~nking it ~d aFp~y y~fm ~1] away, pm~, c~-~ do hav~ v~ ~i~a pr~:,~ n~w ~ .c,~mm wi~J~ ~ ~Id ~, but ~y Page 34 ~view ~m.. f~ the ncxl: 20 ~.am, A c~ct ~ of ~wel~,~r~t is p~f~r~J w~thLa t~ City'. ~[ a mix of ~s at a ~i~tb~5c~ ~¢ ~ pmfe~d withm ~ighborh~ts would m~ulm n~d~ of mtafivdy high &~ait.y of &~c]~[ ~sLer t'km ~ t~cs of am n~ pr¢~d, adoption oft~ C~lc w'hc~ we ~ght ~ had avco' gom~ ~ atong an a~kal, ~at ca~ted ~ail mni~g; We were ~u~:ing a c'h~ to a Pla~ ~lop~nt rot ?a~ 35 We di~'t ;~u~:ke ~'t out o[ 4 m;~ of P&Z Nx:aosc ~ht~ nc~hbtw~ l ~ ~,'i~ ~k at a p~.e of p'~ that's ;mt~:k~ of tb~ iff ia~e. of any ~r gca'cmmzn~ ia c~J~ ~ devek~ ~h~ 20 Sa, ~ I k~ a~ l~.C~c a~d i~ ta~i~g 23 ~ a~l~be~b~M ~McafiM f~r~y of ~e~ ~s~'icts, you Pag~ 36 I ~'m ~m.ni~ ~:s a me by ~t, 3 r~m asmss tim ~bmnce, d~y' ]<x~k ! $. [Xmmn Caan~ aaa build 290 [ 7 ~v~m~ 1o camm[ a~ n~g:o tl~tm ~8 Aad l~m j'ast a~kir~ 20 p~f~ Cy~ d' ~vek~pmmt, ~o ~a~,a~ ~ pmf~ 21 s~'b e~' dc~,=lopt~t by mmmving 22 an~ing add~n~ ~i~ planning 25 ~hmg. PLANNING AND ZONING COMMISSION AUGUST 28, 2002 Page 33 - Page 36 18 Condc~ltTM Page 37 4 Page 38 1 0£ a sax'l&~ yc~a bad ~0 ~m~£s ~ a<m, 25 on ~at Mr. Mu~ey eaL~ l~m 3, ~4m~ ~ ha~ d~:[d~d~ ~ H. ANN1NO AND ZONING COMMISSION Page 39 2 u~nd by C~ty Council and I kn,aw 7 clar[[ica~m l:~s t a~2:, backup and ~'v¢ dk<us.~ i{ ~fbm in Work ~sskm, but 16 ~ ~ A~nda and ~C~ br~d 17 says ~ a ~ub~iet~dng a~A c~ai(~ ~k~ag a ~40 9 fa~Tmnr~ we w~kl ¢l<m ~, ~t;b{ic ~a~ag a~d call ] 7 ] and g on p~,~ 4 ar ca~r backup. 23 AUGUST 28, 2002 19 ~n~t~tTM P%,,e 41 9 ~iy pa~ of }~r m~icm ~hat ~tai~ m N~M~F1 ~F Pag~ 43 P;q~ 42 tim ~inition <,f inl][l and !'m t~in8 ~o ua~rstaod wbai y~r pmbkm is ~a ~ definiti~ fl~t's, COMMf88[ON[!a AI'I'Lk:; k:,X~ We have a motioa and a acead tm t~ t]~xm And i~y~ COM~SSIONER JOHNSON: c,kmfi~ion ~tk-~ you -- ~nni~iicm, Pd li~ to ha;~, Mc, P~IL COMMIS~STO~R g PPLE; pm~n~ti~n, I b~kve thai ~.~'m dealit~ udth t~ f'bri~, We do ~v¢ a &Fmi!:i~, And il Page 44 COMMLSS[ONER A~PI,.E: Mr: Reicb~ w~mM li~ to ~,d s,mt~hing, M'R, ~T~tCm{Aa'r; ff I may. it as si,~le-t>~'ni[y. A,T~ dnriag our W~ ~ssi~, tba~ and ~ w~ ~ mal~y pia~ poim t~ Mttglc4~iky as opted to any ~mmiss~onc.r Johason? M~, ~WSLt,: ffl~mty, i ~h~ what ~ I ~hi~k ibis d.efimiti~:m is m~ of ex,maitre or impact f~$ mad a [(:~ of ~'dng~ PLANNING AND ZO~O COMI~SSION AUGUST 28, 20~ P~e 41 - Page 2O (Tmdc~scltTM Pagc 45 ~s~~ and not so m~h ~s ~a iafflL COMML~SIOS'ER JOHNSON: SO tl~ modon ~hcn Commissi~ aM t~at ~'s 6 9 9 ~ m~ioam if I ~ I coa~p~ of i~hl~ dcvciopmc~l~ ! r~[ 12 u~i~g m~ m~ op[x~t~ity for t~ cxi~ing n~igbbod'~ 13 to have a lay in t~is. A~ c~tmmmt~ 0mt ~ m~ by t~ 15 don't want a~%Nag built ~a' ~em cc~M too e~i!y sw~ay' 16 a Commission o, C~iL I f'~/~:y h~vc the figltt to 17 co~ in ar~ ~dk ~o us about ~hi~, So I ~5U ~ vol/nB against chat motion G)MMI~SIO~'ER APYLE: commim.i~er 21 2~ mC[tm m'en C~o~h [ ~mi~ iL md lql explain why 24 b~simas by right. ! ~an, if thuT~*m zpprovcd by 25 it would s~m i[l~icat to m~ thai y~'~,u Page 46 3 6 ? 9 t0 12 14 i? 19 2~ 24 rage 48 just ne I~jc ~o g o~'~. I¢~.jmi mY opinion ifs: lx~w I ~ m i~ ~d ~Mrs why I w~m~l ~ ~a yju l~vu )re,midi-Parody by t~b~ ~p lo ~ dmai~y of 2~ at--dy haw by r~hL ~'~it's al~(:~ ~i~k-fam.[~' a maximm~ ~sib, ~f 12, ~dftcali~ nmki-f~ity d~iingl ~t~:i~ fi'* CO~I~[ONi~ AP~.Fz Ag}' l'~l,a.~r ql~%tio~s PLANN{NG Al,ID ZONING COMMISSION AUGUST 28,, 2002 Page 45 - Page 48 21 P~o 49 9 ha~ mmmL~ No, 5 ~ 6~ ~I~ieb ~as ~m No, 2, 13 17 18 19 23 2,5 Page a~ & Y~U di~ tr~uck on I.l~ ~ake-ou~ 3 COMM~S[~ A~H,8: Ok~y; Thank yr~a, My 10 Ck)mmi~km~ Mu[roy, I[ ~ nO l'~ dJ~ssJtm~ Page 50 2 C'OMMiSsrONER APPLE: ,~ ~at you ~0 iL ~re j~s~ ~- *his m~ion is ~2 says Rm~ No 2 ~d i.t~, m[ly Item No. 5, t gms% but ~3 it m~ NO, 3, cb~r~e toa[lowsrJpf~quickvchie[e 14 ~iCJng and driveqba~gh 15 w~m I mu, Am I ] ~ COMMISS]]ON~fft MULgOY: YeS, 18 COmMmmNE~ ~u~oY: 'this is 5 aad 6 20 (~MM[Ss[ONEg APPLE; Co--hiss/grief Powe]L 22 wan i~ my [d.g~n~l, ~l:ion, 2~ C~tMISSI~'EE APP[,Ec And ! have a question, ! 10 11 ~5 ~6 17 ~0 23 P~g¢ 52 PLAN~'NO AND ZONING COMMiSSiON AUGUST 28, 2002 Page 49 * Page 52 22 ATTACHMENT 5 O R DIN ANC ii;." AN ORDINANCE OF TltE CITY OF DENTON, TEXAS, =AMENDD4G I:K)RTIONS OF SUBCIlAPT'ER 5 OF Tile DENT()N DEVELOPMENT CODE PERTAINING TO 711E NRMU-[2 AND NRMU ZONING DISTRICTS; PROVIDING A PENALTY CLAUSE WITIt A MAXIMUM FiNE OF $20f~.{~)PER DAY FOR A VIOLATION THEREOF; ~A SEVE~ABILITY CLAUS E~ AND AN EFFECTI'IVE DATE. (S102.~) WItEREAS, ptwsu.tmt to Ordinance No. 2002-(~0 tile City' Council of the City of DenDm Texas ,adopted the ~m:on Development £:.~>de (the ~'Developn~ent CtKI,e'); and WHEREAS, as a[mrt of a qmt`terly review of the Developmem Code, and aftet` conducting a pUblic hearing as r"e~luimd by' law~, the Planning and Zoning Comn~ission has re~zotmnended certain chan,ges to S n~mhapter 5 lg?et,minin:g to the NRMU-I2 and NRMU zonia.g districm: and WHEREAS~ after, cm~duc[iag a pubiic hearing as required by taw, the City Council finds the subject changes to the l~veiopmem Co,de a:~ consistent wid~ the Con~rehe~s~ve Plan m~d are the peebl ic interest; NOW. THEREFORE TIlE COU NC IL OF TIlE CITY Ol: DE N'"iT) N HiE REBY ORDA~=S: SECTION i. Stttx:hapter 5 of the Development C,~e is hereby amended in pat,t ~q [mrticularly descri'~d in Exhibit "A" attacktM het`em and made a ~t,t het,t~;>f by reference. Ali othet` pmvisiorm of Suit&apt,er 5 not it. lconsistem with this amendment shall renmin ia full force and effect. SECTK)N 2~ Any ~t,son violating any prx>¥ision of t:his ot`di~mme shall, u[xm co~wictiot~, sum [lOt exce~ing $2,0t~).{~). Each &~y t[mt a provision of this ot`dinance is violat~ stroll cot~stitute a ~['mrate and distinct ot~ense. SECTt()N 3. If any section, subs~.mtion, pa.mgmph, sentence, phrase or, wo~d in this ot,dirmn~:e, or application there of to any per~m or, cimum.qtaace is held invalid by any coat't of competent jud~iction, sUCh holding s[mll m)t at2bct tt~e validity of the remaining [×talons of this orditmnce, City Commil of the City of Denton, Texas hereby declares it: would have ermcted such remaining pot'tio~ts despite any such im*'alidity. SECTK)N 4. 'Dlis ordinance Shall bx~ome eftbctive Iburt~n ([4)days from tim date of its pasmge, and the City SeJzr,emry is hereby dit,ect.~ 'm cause the caption of this ot,dkmnce to be publish~ twice in the I~nt{:m Recot`d-Ctmmicle, a daily newspaper published in tile City of Denton, Texas~ wkhin ten (I 0)days of '(he dare of im pa,qsage. PASSED AN D APPROVED this the day of EULIN E BROCK, MAYOR 23 A"iTEST: JENNtFER WALTERS, CIP~~ SECRETARY BY: APPROVED AS T() LEGAL FORM: 1t E RBERT L. PROU TY. £1TFY ATTORNEY 24 Exhibit Sulmhapt{r ~ 35.:5.2i Neightmrhood Residential 35.52.I 35.522 35.5.2.5 35.52A 35.5.2.1 The puqmse Put.se. of the Neight×)rho~d Residential land LtSe i;g B:) preserve mid protect existing ~eig[iborh~:>ds arid ti> ens ute thai any new deve h>pmeat is compatible w i[h ex isti ng land uses, [m items, and design sma&rds. Land Use categories within the Nei,ghN~d~t~d Residemial .areas include: The a>llowiag as,es d is'[:ricts: NR-[ NR-2 NR-3 N R-4 NR.6 NRMU:-t2 NRMU Permitted IJse.s. and Neighbor'hcaad Residential t N eighboch~>d Residemial 2 Neighborh~c~>d Residential 3 Neighb~>rh, m~d Residential 4 Neighbod~c>d Residemial 6 Neighbor'h~:a~d Residential Mixed Use ~2 Neighborh{~)d Residemiai Mix~ Um their ao:essory ases am [~rmit:ted wi't[fia the N:eig[~borh{~xt Reside:adal ki~.tock L{7) L{7) L{7) L{7) L{7) L{7) L{?) S ir~l~a Fami¥' ~ P P P P P P N SU~ S UP SUP SUP S U~P A~,~ ~ ~ U:n~ L[1) k{1 ) L{1 ) k(1) L{I) L{1 ) N A.fla~ S~e Fam~¥ ~n~ N N SUP SU~ P P U~?~Vo~ Un~s N N N ~; L{I~) P P Dup ~z~ N N N L[3) ~ P N Commurl~y H~m~ For t~ D~b~d P P P P P P P G~up H~'~ N N N ~ iN' SU~ SUP SU~ E~n~lu~ ~u~rg C~ve~p~.s N SUP N N SUP N N P= ~l~, N=~ ~t~, SU:~ S~c~c ~e ~ R~u{red, L{X): ~m~d ~ ~d {n ~n 35.5.8 25 H~ ~cupaibn P P P P P P P ~s N N N N N N P ~ ~ ~s N N N N N N N ~d ~ Bmakf~t N N N N N L[10) P Thrum L~s t~n 1 ,~ se~.s N N N N N N L[14) Re S~ U~ nt. or ~ ~ate 'C,~ub N N N N N N L{ 11 ) Dm~-thto ~h :Fa~il~.y N N N N N N ~ SUP O u~ck V'eh~C~ ~ m'~ N N N N N N Ve h~ Re~ r N N N N N N N Laund~' F~I~ N N N N N P P ~q u~.'l~ ~ F~[li'~ SUP SUP N N N N N O~ot :R~a P P P P P SU~ SU~ In.ar R~re~n N N N N N N N k~r E~n1 ,E ~dain,m~ ~ ~ N N N N N N ~mm~ro~l Pa~ L~s ]N N N N N N N Adminmt~,~ or ~mh F~i~i~ N N N N N N L[14) B~s~ ~ of P~ductmn St~b N N N N N N L[14) S~:~ O~ rd~ B ~n~ N N N N N N N ~ ~tt~, N=~t: ~led, SU~ S~c~f~ Use Pe~l Requital, LeX)= L~m~d ~ ~ ~ ~c~on 35.5.8 26 P rin~ing / Pub~hir.~ 'N N N N N ~ I~n~c/u~ of No~-~o~e ~u~ Fo,~ N N N N N N F~d Lo~ 'N N N N N N ~a~ P ~s~ N N N N N N Ugh, ~ ~tudng N N N N N N H~ ~n ~l. uff~ 'N N N N N N W~ .~ N N N N N N W~e Nu~d~ N N N N N N D~ldbut~n Cen'ler 'N N N N N N Wh~ :S~ r~e aad D~ibu~on N N N N N N ~ tf-.~r~ Slo~ N N N N N N Junk Yat~. a~ ~o W~K~ N N N N N N ~enne~ L{37) L{3Z) N N N N Ve~ ~ ~ ~n~sa 'L{t4) L{14) N N N N SUP SUP SUP SUP G~ We)~ L[27) L{27) L[27) L{27) L{27) L{27) L{27) ~ ~t~, N:=~ ~ ~t~J, SUP= S~d~ gs.e ~: R~ui,~d, L[X): UmJ~d ~ ,~ r~3 )n ~c~on 35.5.8 27 s~c s~ L{25) L-{2$) L{25) tI2$) L{25) Comm~n~ ~ N N N N N Paff~s a~ 0~ Sp~ P P P P P P Chu,r~, P P P P P P ,P ~m~ub~c, H~a[~, C:lu~,, a~ L~ SUP SUP SU;P SUP SU~ l{ Bu~ f Tr~ ~o~ N N N N N N Adu~ot Ch~ Day ~,~ SUP SUP SUP SU~ SUP P P ~[rl~rl~ n, :E~n~ ~ SU~ SUP SUP SUP SU~ ~ P M~d~ ~o~ N N N N N ~h ~ N N N N N N SUe ~ N N N; N H~,p ~i,~ N N N N E~' ,Ho~ rg N N N N SUP L{ 13~ P ~d~ C~ n~9~ N N N; N N N P ~$~d~ ~ N N N N N ~ .~ ~,;~t~, N'=~ ~11~, SU~ S~;~c U~e ~] R~qu ~red, L~X)= Um~d ~ ~r~ ~n ~,;t~n 35.5.8 28 35.5.123 General Regulations. Gene ral regulatiot'm of the Resi den'~iai Ne ighbr~rhm~ lm~d use zoae are contained i~ [he tab le bel The foiiowin limits a >iv 'to acres o:r less: M;in:imum ~t area {sq~re feet) M~n~mu~ fronl 'yard ~'t~k ~ fe~ 20 f~l t0 ~el: 10 f~t None L{2) M~m mum sMe ya~ ad~a~ b a ~tr~t 10 fe~ 10 fei 10 f~t 10 f~t 10 ~: 10 f~t None Mbnimum ~, ~¢~ t0 fe~ 10 f~ t0 f~t 10 f~t t0 ~et: 10 f~t None following limits a'pply to mE~ivision of more t:[mt~ 2 acres in lieu of minimum lot size ~d dime~sioa requiremeat s: The followin limits a >Iv to all b'uildia i,~imum 1~: covemg~ 30% 30% ~3% M~n~mum ~d ar~ ~0% 70% 50% 40% 4~, 4~% 23% 10 fe~ 10 let 10 fei 10 fei 10 ~: 15 f~ ~3 fei ~ot ~ f~ for f,~t for ~01, ~r f~ for f~t for f~t fo,r e~h ~h Minimum yand ~men ab¢~H~ a s,,i;~ f~t of ~ot ~ family use ~r bu;~ building ;buiMmg buiM~ bu~ bumming bu ~r~ a~ve ab~ 2D feol 20 f~ 29 35.$.8 Lim:itafion~ The follon'it~g de fi ~,e the l imita tio~s t:o zoaing uses when the :zo:ai ~'~g am [[ix ide:ati fy a am as permitted, but limited L(40)- Limited to a nmximttm of [ 2 [mils [~r acre~ L(41) -Permitted, except, t[mt a:a SUP is rec[uired for multi-family development wi[hi:a 200 feet of aa e xistit~g s ingle-family house. L(iI) Limited m ;sit down oaly, r',.~:~ ?.;:e .';~,m: ....... ; ..... and m:;~ drive ~tt~ service [~rmitt~ Limited to tm more ttmt~ [ {K} seats and ~m more t~ 4,{×)0 ~/uare feet of restatwa t:~'t area 30 12/10/02 #6A AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: December 10, 2002 Police Jon Fortune, Public Safety and Transportation Operations SUBJECT Consider an appeal from Ali A1-Khafaji regarding costs imposed for mowing fees in accordance with Section 20-72 of the City of DeNon Code of Ordinances. BACKGROUND On August 16, 2002, Code Enforcement submitted a work order to the City's contractor to mow the property at 3311 E. McKinney, owned by Ali A1-Khafaji. The coNractor performed the services on September 5, 2002. On October 24, 2002, an invoice was mailed to Mr. A1-Khafaji detailing administrative charges in the amouN of $80.00 and mowing charges in the amouN of $342.00. Section 20-72(g) of the Code of Ordinances provides for an appeal of costs imposed for the mowing of high grass and weeds to the City Council. It states: Within fifteen (15) days of the date the statemeN of costs is mailed to the owner of the premises, the owner may appeal the reasonableness of the charges billed for abating the condition to the city council by filing a written statement with the city manager or his designee, stating why the charges are unreasonable. The appeal shall be submitted to the city council for its review within a reasonable time after filing. If the council finds the charges unreasonable, it shall assess the costs, as it deems reasonable. The administrative charge shall not be appealable. Mr. A1-Khafaji submitted a letter of appeal of these charges that was received by City staff on November 7, 2002. In his letter, he states that he feels these charges are unreasonable. However, Code EnforcemeN records show that this property has had high grass and weeds in violation of City ordinance every year since July 2000. Each year, Code EnforcemeN has been forced to notify Mr. A1-Khafaji of these violations and employ some form of enforcement, varying from verbal to written notification to gain compliance. This year, Code EnforcemeN notified Mr. A1-Khafaji on April 5, 2002 that the grass at 3311 E. McKinney was over twelve (12) inches high and in violation of City ordinance. The property was re-inspected on April 18, 2002, and had not been mowed. A certified letter was sen to Mr. A1-Khafaji on April 19, 2002. The property was re-inspected on May 2, 2002 and had been mowed. On August 15, 2002, the property was found to be out of compliance again. The final notice had been mailed on April 19, 2002. This notice is the last notice the owner will receive during the mowing season from March thru November. As stated above, the City's contractor mowed the property on September 5, 2002. Unlike previous appeals, this situation deals with one very large lot rather than multiple, smaller contiguous lots. Mr. A1-Khafaji's appeal alleges that the total fees of $422.00 is unreasonable because he has had the property mowed for $80.00 in the past. The property totals 3.839 acres and the current City mowing contract provides for a $90.00 charge per acre for parcels of land more than 1 acre. The mowing fees total $342.00 and the remaining $80.00 consists of administrative fees. OPTIONS 1. The Council can reject the appeal and deem the mowing fees reasonable. 2. The Council can accept the appeal and deem the mowing fees unreasonable and assess the costs, as it deems reasonable. RECOMMENDATION Staff recommends that the City Council reject the appeal and deem the fees reasonable. Mr. A1-Khafaji was given ample opportunity to mow the property prior to the City employing its contractor to mow. Mr. Ali-Khafaji has repeatedly demonstrated an inability to maintain this property in compliance with the City ordinance regulating grass and weeds. PRIOR ACTION/REVIEW None FISCAL IMPACT The City has incurred an expense of $342. There is no fiscal impact if the City Council rejects the appeal and Mr. A1-Khafaji pays the fee. If the City Council accepts the appeal, then the City will not recover the $342. Respectfully submitted, Charles WileY ~J Chief of Police Prepared by: Joanie Housewright Captain Support Services Division 12/10/02 #6B AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: December 10, 2002 Planning and Development Department CM/DCM/ACM: Dave Hill, Assistant City Manager 349-8314 SUBJECT - SP02-0008 (400 West Oak Street Carroll Addition) Consider adoption of an ordinance approving an Alternative Development Plan for approximately 2.2 acres located in a Downtown Commercial General (DC-G) zoning district. The site is generally located on the northeast comer of Carroll Boulevard and Oak Street, commonly known as 400 West Oak Street. A bank, office space and drive thru facility are proposed. Planning and Zoning Commission recommends approval (6-0). BACKGROUND Applicant: Wayne Allen on behalf of Giovanni Giomi Properties Denton, Texas The applicant is requesting the Alternative Development Plan to allow a detached drive thru facility for the proposed bank use. The proposed site will provide infill development and due to design constraints and site restrictions the drive thru is better positioned detached from the primary structure. The proposed design meets the intent of the Denton Development Code and the development fits in with the character of the area. A simple majority vote by City Council is required to approve this request. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table iiem. RECOMMENDATION The Planning and Zoning Commission recommends approval 6-0. (Mulroy abstaining) ESTIMATED PROJECT SCHEDULE The subject property is not platted. The approval ora preliminmy plat and final plat will be required prior to issue of any permits. PRIOR ACTION/REVIEW The following is a chronology of SP02-0008, commonly known as Carroll Addition: Application Date - DRC Date - Planning and Zoning Public Hearing - Date: October 10, 2002 Date: October 24, 2002 Date: November 13, 2002 No Neighborhood meeting was held FISCAL INFORMATION Future development of this property the assessed value of the city. No the city will be necessary. under the new Alternative Development Plan will increase short-term public improvements that are the responsibility of ATTACHMENTS 1. Staff Analysis 2. Maps 3. Photographs 4. Minutes from November 13, 2002 Planning and Zoning meeting 5. Draft Ordinance and Exhibit A and Exhibit B Prepared by: Autumn Speer Planner I Respectfully submitted: Douglas S. Powell, AICP Director of Planning and Development ATTACHMENT I Staff Analysis Summary of Request The applicant is requesting approval of an Alternative Development Plan to allow for the construction of a detached drive thru facility for an approximately 2.2 acre site. A three-story office/bank building of 28,000 square feet and a 5-lane drive-thru are proposed. Existing Condition of Property Property History. February 20, 2002 - The subject property was placed in the Zoning Classification Downtown Commercial General (DC-G) zoning district and land use classification by Ordinance 2002-040. The subject property contains office structures to the North and a parking lot. Adjacent zoning: North: Downtown Commercial General (DC-G) zoning district- office space South: Downtown Commercial General (DC-G) zoning district- office space/retail uses East: Downtown Commercial General (DC-G) zoning district- office space/retails uses West: Neighborhood Residential Mixed Use (NRMU) zoning district - single family homes Comprehensive Plan Analysis The subject site is located in the "Downtown University Core District" future land use area. This area is intended to have a mix of educational, residential, retail, office, service, government, cultural and entertainment development. It is a place where residents can live, work, learn, and play in the same neighborhood. The Denton Plan identifies the following Primary Residential Land Use Principles: Preserve Neighborhoods: achieved by demanding and evenly applied. (page 35) The preservation of existing and future neighborhoods can be establishing design and construction standards that are fair and New development will be compatible with the existing uses and zoning of the surrounding properties at this time. Development Code/Zoning Analysis Current Downtown Commercial General (DC-G) zoning allows for the structure, however it cnly allows for a drive-thru facility with the approval of a Specific Use Permit. Drive-thru uses must be built as an integral architectural element of the primary structure and use. The materials are the same as those used in the primary structure. Drive-through structures and facilities separate from the primary structure are prohibits according to Subchapter 35.13.11B. The proposed drive-thru is constructed of the same materials as the primary building and architecturally, is an integral part of the main structure. Altemative Development Plan Criteria An applicant may propose an Alternative Development Plan, which meets or exceeds the objectives of Subchapter 35.13., but does not meet the standards of Subchapter 13.13. The Alternative Development Plan provides the option to address the design criteria through a flexible discretionary process. The criteria for approval is as follows: Preserve Existing Neighborhoods. a. The proposed development and structure would preserve the existing neighborhood. 2. Assure quality development that fits with the character of Denton. a. The proposed development meets the criteria of the Denton Development Code and the construction and site design will be compatible with the character of Denton and the specific area. 3. Focus on new development to activity centers to curb strip development and urban sprawl. a. The proposed development provides infill development. The site currently is used primarily for parking and is a vacant lot. 4. Ensure that infrastructure is capable of accommodating development prior to the development occurring. a. The infrastructure in the site area will be adequate to serve the proposed development. Staff Findings 1. The proposed Alternative Development Plan is compatible with The Denton Plan and surrounding land uses. 2. The proposed Alternative Development Plan would provide infill development to this area. 3. The proposed design meets the intent of the Denton Development Code and the development fits in with the character of Denton. ATTACHMENT 2 Maps NORTH Location/Zoning Map LOCATION MAP Scale: None ATTACHMENT 3 Photographs ATTACHMENT 3 Photographs CondcnscltTM Page 37 1 recommendation is for a 50-foot right-of-way as 2 recommended by the applicant? 3 COMMISSIONER POWELL: Yes. Let me reword 4 the motion -- 5 MR. SNY~ER: But that's not what the backup 6 -- the backup says to keep the variable width as it is. 7 And is the applicant requesting 50 feet or is he asking to 8 keep the stone? 9 MR. REICHHART: They're saying 50. 10 COMMISSIONER POWELL: If I may, the purpose 11 of my motion -- I want to try it again -- was to approve 12 the -- approve Item 8 as requested by the applicant. 13 COMMISSIONER APPLE: Number nine. 14 COMMISSIONER POWELL: I'll get it, Item 9. 15 COMMISSIONER WATKrNS: second. 16 COMMISSIONER APPLE: We have a motion and a 17 second. Is there any discussion? Hearing none, vote, 18 please. Commissioner Roy, your vote did not record. 19 Thank you. Motion carries 6-0 with one abstention. 20 (COMMISSIONER MULROY ABSTAINING.) 21 Next Ms. Speer with the City planning staff 22 will present Itmn No. 23 MS. SPEER: Good evening, once again, 24 Cmmnissloners. Item No. 10 is a continuance of 8 and 9 25 for the Carroll Addition site. The applicant has Page 38 1 requested the approval of an alternative development plan 2 to allow for the detached drive-through facility. Under 3 the pedestrian district, the drive-through has to meet 4 three criteria. Drive-through uses shall provide 5 sufficient stacking area for public right-of-way. It's 6 not to be obstructed. Drive-through uses must be built as 7 integral architectural element to the primary structure in 8 use. The materials must be the same as the primary 9 structure. 10 And currently drive-through uses must be 11 located to the rear or side of the structure and buffered 12 on the rear and side lot lines. What is thc -- the 13 alternative development plan is being requested because we 14 do not allow detached drive-throughs. However, due to the 15 constraints of the site, this is where the electrical 16 power unit is, the drive-in, the parking for the site. 17 The drive-through is being proposed to be on the rear of 18 the site. This site does meet all the requirements of the 19 alternative development plan and it is compatible with the 20 existing uses of the zoning district. That concludes 21 staff's presentation. I'll entertain any questions. 22 COMMISSIONER APPLE: commissioner Roy. 23 COMMISSIONER ROY: t assmne that the street 24 at the bottom is Oak Street? 25 MS. SPEER: correct. This is the same Page 39 I diagram, yes, sir. 2 COMMISSIONER ROY: And the -- so the 3 entrance is that little arrow there? 4 MS. St'EER: This is actually the hooded 5 entryway. 6 COMMISSIONER ROY: SO the cars would come 7 in there and -- 8 MS, SPEER: COFl'O3t. 9 COMMISSIONER ROY: -- tllrn to the right and I 0 go through these -- 11 MS, SPEER: Corrogt. 12 COMMISSIO~qV.R ROY: -- points here. Okay. 13 MR. REICHHART: EXCUSe me. But what would 14 happen is the cars enter the site. They'd go into the 15 site and come around that hack end through the 16 drive-through. 17 COMMISSIONER APPLE: Thank you. 18 Cormnissioners, what's your pleasure? Commissioner Holt. 19 COMMISSIONER HOLT: I make a motion to 20 approve the alternative development plan. 21 COMMISSIONER POWELL: second. 22 COMMISSIONER APPLE: We have a motion and a 23 second. Any discussion? Hearing none, vote, please. 24 Motion carries 6-0 with one abstention. 25 (COMMISSIONER MULROY ABSTAINING.) Page 40 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 PLANNING AND ZONING COMMISSION NOVEMBER 13, 2002 Page 37 - Page 40 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROViDiNG FOR AN ALTERNATIVE DEVELOPMENT PLAN FOR A DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF PROVIDING ALTERNATE DESIGN STANDARDS FOR A DETACHED DRIVE THRU BANK FACILITY FOR AN APPROXIMATELY AN APPROXIMATE 2.2 ACRE SITE LOCATED AT 400 WEST OAK STREET iN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROViDiNG FOR A PENALTY iN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROViDiNG A SEVERABiLiTY CLAUSE AND AN EFFECTIVE DATE. (SP02-0008). WHEREAS, Wayne Allen on behalf of Giovani Giomi Properties has applied for an alternative developmem plan for approximately 2.2 acres of land commonly known as 400 West Oak Street, as more particularly described in Exhibit "A" attached hereto (the "Property"); and WHEREAS, attached hereto and made a part hereof by reference is a copy of the alternate developmem plan (the "Alternate Developmem Plan"); and WHEREAS, on November 13, 2002, the Planning and Zoning Commission recommended approval of the requested alternative development plan; and WHEREAS, the City Council finds that the change is consistem with the Comprehensive Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Alternate Developmem Plan for the Property is hereby approved. SECTION 2. if any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the DeNon Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the __ day of ,2002. EULiNE BROCK, MAYOR PAGE 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 2 STATE OI:' TEXAS COUNTY OF~ DENTON . . WHEREAS, GIOVANNI GIOMI, I$ THE SOLE-OM~IER OF' ALL THAT. CERTAIN 11~ACT OR PArCEl: 'OF LAND LYING 'AND BEING SiTIJATED IN.THE WILUAM NEIU. SURVEY, 'ABSTRACT NUMI~ER ~971, OTY OF DENTON, DENTON COUNTY, TEXAS AND BERING ALL OF A TRACT OF LAND DESC~ ~N THE DEED TO G~OVANNI GIOUI, RECOR~D UNDER CLERKS FiLE NUMBER 95-R0076930. REAL. PROPERTY R~:CORDS DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ' ~I*'GINNING AT A FOUND IRON-PIN AT THE SOUTHI~IF..ST CORNER OF THE G~OMI TRACT ON 11-1E NORTH LINE OF WE:ST O~ STREET AT ITS INTERSECTION WITH' THE EAST UNE OF CARROLL BOULEVARD: THENCE NORTH O0 DE(~S 55 MINUTES 44 SECONDS EAST WITH THE EAST UN£ OF CARROLL BOULEVARD A DISTANCl[ OF 255.56 'FEET TO A FOUND 'X* IN CONCRETE: THENCE SOUTH 89 DEORE£S 56 MINUTES 22 SECONDS WI'II-I THE EAST UNE OF cARRoLL BOULEVARD A DISTANCE OF 2,99 FEET TO A FOUND 'X' IN GDNC. RETE: THENCE NORTH O0 DEG~ES 18 MINUTES 05 SECONDS EAST CONTINUING WITH THE EAST UNE OF .CARROLL BOUt.EVARD A DISTANCE OF 55.02 *FEET TO A FOUND NAIl. AT A NORTHVlEST CORNER 0~' THE OIOMI TRACT IN THE SOUTH UNE OF A TRACT OF LAND DESCRIBED iN THE DEED TO CHRIS RAESZ RECORDED VOLUME 4963, PAGE 5,86, SAID REAL PROPERTY RE:CORDS: THENCE SOUTH 89 D[OREES 21 MINUTES. :~7 .SECONDS EAST WITH THE: sOUTH LINE OF THE RAESZ TRACT A DISTANCE OF 69.69 FEET TO A FOUND iRON PIN; THENCE NORTH 89 DEGREES 54 MINUTES 51 SECONDS EAST CONTINUING MTH THE SOUTH UNE OF THE RAESZ TRACT A DISTANCE OF' 43.77 FEET TO A FOUND iRON PIN AT THE SOUTHEAST CORNER OF THE RAESZ TRACT; THENCE NORTH O0 DEGREES .~7 MINUTES 36 SECONDS ~AST WITH THE EAST UNE OF THE RAESZ TRACT A DISTANCE 0~* 60.81 FEET TO A FOUND IRON PIN AT THE NORTHEAST CORNER OF THE RAESZ TRACT ON THE SOUTH UNE OF THE TRACT OF LAND DESCRIBED IN THE DEED TO DONALD H. NIEDERER RECORDED UNDER C/.ERKS FILE NUMBER 94-R00885~8, .SAID REAL PROPERTY RECORDS; THENCE SOUTH B6 DEOREES 32 MINUTES 40 SECONDS EAST MTH A SOUTHUNE OF SAID N~EDERER TRACT A DISTANCE OF 5,79 FEET TO A FOUND N,NL AT THE SOUTHEAST CORNER OF THE N1EDERF_.R TRACT: THENCE NORTH O0 DEGREES 27 MINUTES 19 SECONDS EAST 1MTH THE EAST UNE OF THE N[EDERER TRACT A DIS"TANC'~ 0~' 107.40 FEET TO A 'X~ SET IN CONCRETE ON THE SOUTH UNE OF'PEARL $1REET; THENCE SOUTH 88 DE~ES 52 MINUTES 24 SECONDS EAST WITH THE SOUTH LINE OF PEARL STREET A DISTANCE OF' 112.14 FEET TO A SET ]~ 1NCH IRON PIN WITH A Y~LLOW PLASTIC CAP STAMPED 'METROPLEX 1849"; THENCE SOUTH O0 DEGREES 10 MINUTES 56 SECONDS WEST A DISTANCE OF 176.87 FEET 'TO A FOUNO IRON PiN iN ASPHALT: THENCE SOUTH 89 DEGREES 04 MINUTES 27 SECONDS EAST A DISTANCE OF 10.00 FEET TO A FOUND tRON PIN tN ASPHALT AT THE NORTHWEST CORNER OF THE TRACT OF LAND DESCRIBEO IN THE DEED TO GOEN-HUDGENS FUNERAL HOME, INC. RECORDED IN VOLUME 1029, PAGE 149, DEED RECORDS OF DENTON COUNTY TEXAS: THENCE SOUTH O0 DEOREES 14 MINUTES 31 SECONDS EAST A DISTANCE OF 302.59 FEET TO A *X' FOUND IN CONCRETE AT THE SOUTHWEST CORNER OF THE GOEN-HUDCENS TRACT ON THE NORTH LiNE OF WEST OAK STRE£T; THENCE NORTH 89 DEGREES 06 MINUTES 02 SECONDS V~ST WITH THE NORTH UNE OF WEST OAK STREET A DISTANCE OF 249,40. FEET TO THE POINT OF BEGINNING. AND. CONTAINING IN ALL 2.205 AC~ OF LAND. (LOT A NEW OPFICI~ BUILDING CORNER OF OAK ST. ~ CARROLL BLVD. DENTON. TEXAS 12/10/02 #6C AGENDA DATE: DEPARTMENT: CM/DCM/ACM AGENDA INFORMATION SHEET December 10, 2002 Engineering David Hill, 349 - 8314 SUBJECT Consider an appeal of a physical hardship variance of Section 35.13.3(B) and 35.20.2(M.3.) of the Code of Ordinances concerning the requirement for the submittal of a Traffic Impact Analysis (TIA). The 2.203-acre parcel is generally located on the northeasterly comer of Carroll Boulevard and Oak Street. The property is located in a Downtown Commercial General (DC-G) zoning district. A bank with drive-ups is proposed. The Planning and Zoning Commission denied the variance request by a vote of 3- 3, with 1 abstention. (V02- 0013, Carroll Addition TIA variance) BACKGROUND On December 4, 2002, a variance application requesting a waiver of the city's TIA requirements was heard by the Planning & Zoning Commission. The Commissioners voted to deny the variance by a vote of 3-3, with 1 abstention. The applicant decided that same night to appeal the denial to City Council. Because Council will consider approval of the Alternative Development Plan for this project on December l0th, the appeal has been scheduled for the same meeting. Planning & Zoning Commission meeting minutes for this item are not yet available; staff will provide videotapes of the meeting upon request. A simple majority vote by the Council is required to approve or deny the variance request. During the December 4th Planning & Zoning Commission meeting, the primary technical issues appeared to be: 1. Should the TIA requirements should be applied uniformly to all development within the city, with particular attention being paid to the impact of the regulations on infill development; and 2. Should a statistical manual (Institute of Transportation Engineers - Trip Manual) be used to determine ifTIA thresholds are met, or should a more precise analysis be allowed? Opinions of the Planning and Zoning Commissioners varied, with one line of thought being that a significant economic development improvement was being obstructed by city regulations, and another view that a traffic analysis should be conducted to avoid possible future traffic problems on Carroll Street, with the knowledge that uses within the proposed office building could change as lease tenants change. The applicant also expressed frustration with the city's development review process as related to the determination and timing of the decision to require a TIA, which staff is researching separately. OPTIONS 1. Approve the variance. 2. Deny the variance. 3. Postpone for further consideration. RECOMMENDATION Staff recommended denial of the variance application for reasons stated in the Planning & Zoning Commission staff report (Attachment #1). The Commissioners voted to deny the variance by a vote of 3-3 (Powell, Watkins, and Johnson - in favor; Apple, Holt, and Roy - opposed), with 1 abstention (Mulroy). Staff has been made aware on several occasions that developers of infill or redevelopment properties feel the Development Code does not adequately address unique site circumstances in existing developed areas. A review of the code's impact on infill or redevelopment is intended to start in January / February 2003. Staff continues to support the determination that, as per existing code requirements, the information submitted does not support approval of the variance. At the same time, staff does recognize that continued policy review may modify how TIA requirements are applied to areas with existing urban densities and traffic activity. PRIOR ACTION/REVIEW The Traffic Safety Commission approved a Carroll Street driveway curb cut for the project on July 8, 2002. FISCAL INFORMATION The cost of a Traffic Impact Analysis for the project has been estimated to cost between $8,000 and $15,000, with an approximate six to eight week completion timetable. ATTACHMENTS 1. Planning & Zoning Commission Staff Report 2. Applicant presentation made at the December 4, 2002 P&Z Meeting Respectfully submitted: Dave Hill Assistant City Manager - Development Services Agenda No: 02-0021 Agenda Item: 09 PLANNING & ZONING COMMISSION INFORMATION SHEET AGENDA DATE: December 4, 2002 DEPARTMENT: Engineering STAFF REPRESENTATIVE: Bud Vokoun Ph. 349-8910 SUBJECT: V02-0013 (Carroll Addition TIA variance) Consider granting a physical hardship variance of Section 35.13.3(B) and 35.20.2(M.3.) of the Code of Ordinances concerning the requirement for the submittal of a Traffic Impact Analysis (TIA). The 2.203-acre parcel is generally located on the northeasterly comer of Carroll Boulevard and Oak Street. The property is located in a Downtown Commercial General (DC-G) zoning district. A bank with drive-ups is proposed. BACKGROUND: Mr. Wayne Allen of Wayne Allen Construction Co. (representing Giovanni Gioni, the developers/owners of this property- the Carroll Addition) has applied for a physical hardship variance of section 35.13.3(B) of the Code of Ordinances, which concerns the requirement of submitting a TIA. This subject section of the ordinance stipulates that "A TIA shall be required for any proposed development that can be reasonably expected to generate more than 1000 vehicle trip ends during a single day and/or more than 100 vehicle trip ends during a single hour". In addition, section 35.20.2(M.3.) of the Code of Ordinances concerns the requirements of a TIA. This subject section of this ordinance requires "Developments generating 1000 or more vehicle trips per day or 100 or more vehicle trips per hour shall provide off`site improvements as determined by the City Engineer in accordance with an approved Traffic Impact Analysis". The subject development is proposing a 28,000 square foot building, which would expect to generate approximately 1600 vehicle trips per day and 265 trips per PM peak hour, based upon ITE data for a bank this size with a drive-in facility. The applicant's variance request letter is based on the fact that: the TIA will not provide the City with any usable information in that a) The Planning and Zoning Commission recently approved a partial variance for ROW on Carroll Blvd that requires the applicant to dedicate no more than 50 feet along the frontage of the property where there is currently less than 50 feet. A right mm deceleration lane for the proposed driveway (a result of the TSC granting a staff` supported variance request) will not fit within this ROW. b) There is a large vault just to the east of the proposed driveway on Oak St. and therefore a right mm deceleration lane is not feasible c) The intersection of Carroll Blvd and Oak St. is fully built and has a signal, therefore there is nothing this development can provide to help improve this intersection d) The intersection of Carroll Blvd and Pearl St. is Fully built, with a "hooded" left mm, therefore there is nothing this development can provide for this intersection. Staff feels that these are the very traffic issues that a TIA for this development could provide detailed information on including: a) If there is a need for a fight mm declaration lane (or something similar) for the driveway on Carroll Blvd. and, if so, recommendations for its design and installation, including ROW dedication. b) If there is a need for a fight mm declaration lane (or something similar) for the driveway on Oak Blvd and, if so, recommendations for its design and installation given existing conditions. c) An analysis of at least the Level Of Service (LOS) and safety (vehicle and pedestrian) issues of the intersection of Carroll Blvd./Oak St with and without the additional traffic from this development and what if any immediate and/or Future improvements (restripping, signal phasing/timing modifications, etc.) may be needed to better serve the public that use this intersection. d) An analysis of at least the LOS, left mm lane stacking requirements (related to safety issues with stacking exceedance), other safety (vehicle and pedestrian) issues and circulation issues at the intersection of Carroll Blvd/Pearl St. and what, if any immediate and/or Future improvements (restripping, improved signing, signal installation, left mm stacking improvements, etc.) may be needed to better serve the public that use this intersection as a result of the additional traffic created by this development. The commission shall not approve a physical hardship variance unless it shall make fundings based upon the evidence presented to it in each specific case that: (1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property; (2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; (3) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out, (4) The variance will not in any manner vary the provisions of the Zoning Ordinance, Denton Development Plan, Master Plan or Studies, except that those documents may be amended in the manner prescribed by law; and (5) The special or peculiar conditions upon which the request is based did not result from or were not created by the act or commission of the owner or any prior owner, subsequent to the date of creation of the requirement from which a variance is sought. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None RECOMMENDATION Staff recommends denial of the physical hardship variance of the TIA requirements. (1) Granting the variance will not be detrimental to the public safety, health, or welfare or injurious to other property. Granting the variance may be detrimental to the public safety, health or weld'are or injurious to other property in that a TIA can provided information as to the need for improvements for the greater safety of drivers and/or pedestrians as it relates to the intersections of Carroll Blvd/Oak St. and Carroll Blvd/Pearl St and to driveways to the site as a result of increased traffic generated by this development. (2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property. The conditions under which this application is made are not unique to this property. The applicant feels that because this is infill and especially because this development is within the downtown district that because the traffic system in this area is built to standards that there should not be any improvements necessary. Staff agrees that the current traffic system is built to standards however, disagrees in the fact that this property is not unique (there are other properties in this area that couM be redeveloped) and that there could be a need for additional "fine tuning" of the traffic infrastructure because of the additional trips on the system, produced by this development, which the TI~t could provide information about. (3) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out. There are no particular physical surroundings, shape or topographic cal conditions of the specific property involved. The applicant feels that because this is infill and especially because this development is within the downtown district that because the traffic system in this area is built to standards that there should not be any improvements necessary. Staff agrees that the current traffic system is built to standards however, disagrees in the fact that this property is not unique (there are other properties in this area that could be redeveloped) and that there could be a need for additional "fine tuning" of the traffic infrastructure because of the additional trips on the system, produced by this development, which the TI~t could provide information about. (4) The variance will not in any manner vary the provisions of the Zoning Ordinance, Denton Development Plan, Master Plan or Studies, except that those documents may be amended in the manner prescribed by law. The granting of this variance will cause this to happen because there are other properties in the area that could be redeveloped and the granting of this variance could set a precedence for other developments to request a similar variance from having to do a TI~t for the same reason. The information lost over a period of time to the City because of the lack of TI~t's submittals that should have been required, couM cause a traffic situation that is not acceptable to the public, which could have been foreseen and corrected, had TI~t 's for this area been provided to the City. (5) The special or peculiar conditions upon which the request is based did not result from or were not created by the act or commission of the owner or any prior owner, subsequent to the date of creation of the requirement from which a variance is sought. The conditions cited by the applicant are the narrow ROW on Carroll and the electrical box on Oak. The electrical box location was chosen by the City however, the driveway location is a site plan issue generated by the developer. The ROW variance was granted by the P&Z ATTACHMENTS 1. Applicant's letter 2. Area map 3. Site plan Prepared by: ~'x.,.., /,/z .. Bud Vokoun, Sr. Engineer:mffic Engineering Department HANDOUT TO COUNCIL olo Windsor Oaks Development Requiring Neighborhood Approval Again The Windsor Oaks Development was rezoned under the new development code. This development had neighborhood approval for apartments. This zoning approval came after numerous neighborhood meetings, P and Z meetings, and City Council meetings. Everyone had a clear understanding that apartments would be built on the NRMU-12 property. I don't feel that it is fair that the Windsor Oaks Development should have to go through this process again. If the City Council approves this ordinance, I would like to request an exemption for the WindSor Oaks Development. I would like to request that any zoning changes that have already received neighborhood approval (under the new Development Code) be exempted from requiring neighborhood approval all over again. Yours truly, Ed Wolski RESOLUTION NO. A RESOLUTION REVIEWING AND ADOPTING THE INVESTMENT POLICY FOR FUNDS FOR THE CITY OF DENTON; DESIGNATING AN INVESTMENT OFFICER; PROVIDING A SAVINGS AND A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council passed Resolution No. 96-061 on October 15, 1996, which adopted an Investment Policy for Funds for the City, in compliance with the Public Funds Investment Act, 74th Leg., ch. 402, 1995 Tex. Sess. Law Serv. 2958 (Vernon) (TEX. GOV'T CODE Ann. Ch. 2256); and WHEREAS, by Resolution No. 97-026, passed by the City Council on June 10, 1997, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 97-077, passed by the City Council on December 16, 1997, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 98-067, passed by the City Council on December 15, 1998, the City's Investment Policy was reviewed and adopted; and WHEREAS, by Resolution No. 99-047, passed by the City Council on September 21, 1999, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2000-065, passed by the City Council on December 19, 2000, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2001-072, passed by the City Council on December 18, 2001, the City's Investment Policy was amended; and WHEREAS, the City Council desires to review the Investment Policy for compliance to the Public Funds Investment Act, TEX. GOV'T CODE ch. 2256, by the 76th Legislature; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council has reviewed the attached City of Denton Investment Policy, which contains the investment policies and strategies and hereby adopts the attached Investment Policy. SECTION 2. That the Assistant City Manager of Fiscal and Municipal Services is hereby designated as the chief financial officer for the City and the Director of Fiscal Operations is hereby designated as the City's investment officer to perform the functions required of her/him. The financial officer is hereby authorized to perform the functions required of her/him under the Investment Policy and in accordance with TEX. GOV'T CODE ch. 2256. SECTION 3. That all resolutions or parts of resolutions in rome when the provisions of this resolution became effective which are inconsistent or in conflict with the terms or provisions contained in this resolution 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 4. That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of Resolution No. 96-061, Resolution No. 97-026, Resolution No. 97-077, Resolution No. 98-067, Resolution No. 99-047, Resolution No. 2000-065, and Resolution No. 2001-072 shall remain in full force and effect. SECTION 5. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,20 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATT~)RNEY Page 2 ORDINANCE NO. AN ORDINANCE TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED RETAINED EARNINGS OF THE TECHNOLOGY SERVICES FUND WITH CERTIFICATES OF OBLIGATION .FOR REPLACEMENT OF PUBLIC SAFETY COMMUNICATIONS EQUIPMENT; DECLARING AN EMERGENCY AND AMENDING THE 2002-2003 CAPITAL IMPROVEMENT BUDGET; AND PROVIDING AN EFFECTIVE DATE. (PROJECT- $740,000 FOR PUBLIC SAFETY COMMUNICATION EQUIPMENT) WHEREAS, the City of Denton (the "Issuer") is a mmficipal corporation/political subdivision of the State of Texas; and WHEREAS, the issuer expects to pay expenditures in connection with the purchase of communication equipment for public safety more fully described in Attachment "A" (the "Project"); and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Projects; and WHEREAS, Sec. 8.08 of the Denton City Charter provides that in case of grave public necessity,, emergency expenditures to meet unusual and unforeseen conditions, which could not by diligent thought and attention have been included in the original budget, may be authorized by the affirmative vote of at least five (5) of the members of the council as an amendment to the original budget; and WHEREAS, the City Council finds that there is a grave public necessity and an unforeseen emergency exists which requires amendment of the 2002-2003 City of Denton Budget because it was unforeseeable that the radio manufacturer would discontinue supplying parts to maintain public safety radios, which caused the need to purchase new radio equipment to preserve the public safety, such situation not being known to the City at the time the 2002-2003 Budget was adopted, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: The findings and recitations in the preamble of this ordinance are incorporated herein by reference. SECTION 1: The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $740,000.00 for the purpose of paying the costs of the Project, as set forth in the attached Attachment "A" which is made a part of this resolution for all purposes. SECTION2: All costs to be reimbursed will be for communication, equipment expenditures. No tax-exempt obligations will be issued by the Issuer in furtherance of this resolution after a date which is later than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures are made, is placed in service. All amounts expended from the Unreserved Retained Earnings for the Projects to pay any costs of the Projects shall be reimbursed from Certificate of Obligation proceeds within the 2002-2003 fiscal year. SECTION 3: The foregoing notwithstanding, no taX-exempt obligation will be issued pursuant to this ordinance more than three years after the date any expenditure which is to be reimbursed is paid SECTION 4: The 2002-2003 budget of issuer is amended up to $740,000.00 to provide for adjustments to budgeted appropriations in the Technology Services Fund. SECTION 5: That the City Secretary is directed to attach a copy of this ordinance to the original budget and cause this amendment to be published once in the Denton Record-Chronicle. SECTION 6: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of .,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~ Page 2 S:\Our Doeuments\Ordinanees\02Wech Services Fund Resolution.doc RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, POSTPONING THE REGULAR CITY COUNCIL MEETING OF DECEMBER 3, 2002 TO DECEMBER 10, 2002 TO ALLOW COUNCIL MEMBERS AND CITY STAFF TO ATTEND THE NATIONAL LEAGUE OF CITIES CONFERENCE; CANCELING THE REGULAR COUNCIL MEETING SCHEDULED FOR DECEMBER 17, 2002, TO ALLOW COUNCIL MEMBERS AND CITY STAFF TO TRAVEL TO NEW ORLEANS TO SUPPORT THE UNT SUN BELT CONFERENCE CHAMPIONSHIP FOOTBALL TEAM WHICH WILL PLAY THE UNIVERSITY OF CINCINNATI IN THE NEW ORLEANS BOWL; PROVIDING RETROACTIVE EFFECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 4.1 of the City Council Rules of Procedure requires the City Council to meet on the first and third Tuesday of each month un/ess the meeting is postponed or canceled for valid reasons; and WHEREAS, several members of the City Council and City staff wish to attend the National League of Cities Convention which begins on December 3, 2002; and WHEREAS, UNT's Football Team's victory over New Mexico State on November 16, 2002, clenched their second consecutive Sun Belt Conference title and UNT has accepted a bid to play the University of Cincinnati at the New Orleans Bowl on December 17, 2002; and . WHEREAS, several members of the City Council and the City staff desire to travel to New Orleans to attend the New Orleans Bowl and support the UNT Football Team; and WI-IEREAS, for the above reasons, the City Council deems it in the public interest to postpone the regular Council meeting of December 3, 2002 to December 10, 2002 and to cancel the regular scheduled meeting of December 17, 2002; NOW, THEREFORE, : THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The regularly scheduled meeting of December 3, 2002 is postponed to December 10, 2002 to in order to allow members of the City Council and City staffto travel and take part in the National League of Cities Conference. SECTION 2. The regularly scheduled City Council meeting of December 17, 2002 is hereby canceled to allow members of the City Council and City staff to attend the New Orleans Bowl to support the LINT Football Team. SECTION 3. The City Council finds that these are valid reasons for postponing the regular meeting of December 3, 2002, and canceling the December 17, 2002 meeting and declares that this Resolution shall have retroactive effect. SECTION 4. That this Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 l nutes £or Counc Consent Agenda l tem # 4E 2 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 DRAFT PUBLIC UTILITIES BOARD MEETING MINUTES December 9, 2002 9:00 A.M. After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, December 9, 2002 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. PRESENT: Dick Norton, George Hopkins, Charldean Newell, Don White and Bill Cheek EX OFFICIO MEMBERS Mike Conduff, City Manager (Present for Closed Session Only) Howard Martin, Assistant City Manager EXCUSED: Dick Smith UNEXCUSED: Jim Wilson 4) Consider approval of an Agreement for Professional Legal Services with the Law Offices of Jim Boyle, PLLC for professional legal and lobbying services related to the 78th Texas Legislative Session pertaining to the City of Denton/Denton Municipal Electric, in an amount not to exceed $65,000. Sharon Mays, Director of Electric Utilities, presented this item. Mays explained that the 78t~ Texas Legislative Session is expected to be very active in the electric area, brought about by an effort to increase utilities fees to compensate for lost revenues. She also expects increased activity in the water area, particularly related to effluent reuse issues and SBI. Mays informed the Board that Jim Boyle has represented Denton Municipal Electric during the last three Legislative Sessions and his fees for services are lower than most individuals in this business. Board Member George Hopkins moved to approve the Agreement for Professional Legal Services with the Law Offices of Jim Boyle, PLLC, with a second from Board Member Bill Cheek. The motion was approved by a vote of 5-0. Mfinu es for Ciq, Council Consent Agenda 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 PUBLIC UTILITIES BOARD MEETING MINUTES November 18, 2002 9:00 A.M. After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, November 18, 2002, at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. PRESENT: Dick Norton, George Hopkins, Charldean Newell, Dick Smith, Don White and Bill Cheek EX OFFICIO MEMBERS Mike Conduff, City Manager Howard Martin, Assistant City Manager EXCUSED: Jim Wilson CONSENT AGENDA: 1) Consider approval of Bid No. 2908 to Cascade Engineering for the purchase of 35- Gallon recycling carts and to Rehrig Pacific Company for the purchase of 60- Gallon recycling carts and 35, 60, and 90-Gallon refuse carts. Board Member Dick Norton moved to approve Bid No. 2908 to Cascade Engineering, with a second from Board Member George Hopkins. The motion was approved by a vote of 6-0. 1 2 Minutes for City Counci Consent Agenda Item # 4N 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PUBLIC UTILITIES BOARD MEETING MINUTES October 7, 2002 9:00 A.M. After determining that a quorum of the Public Utilities Board of the City of Demon, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, October 7, 2002 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. PRESENT: George Hopkins, Charldean Newell, Jim Wilson, Don White and Bill Cheek EX OFFICIO MEMBERS Howard Martin, Assistant City Manager EXCUSED: Mike Conduff, City Manager Dick Norton Dick Smith CONSENT AGENDA: 1) 2) 3) 4) Board with a of 5-0. Consider the approval of the Denton Municipal Electric contract with Charter Media for educational commercial airtime. Consider approval of unit pricing on Bid Number 2876 to Alamo Transformer Supply Company P.O. Box 39908, San Antonio, Texas 78218-6908, for an annual agreement to repair distribution transformers in an amount not to exceed $75,000. Consider approval of the staff's recommendation to award the purchase of two 40-yard fi.om load refuse bodies fi.om the Houston-Galveston Area Council of Governments (HGAC) statewide cooperative purchasing program. Consider approval of a professional services agreement with ETTL Engineering and Consulting, Inc. to supply the Solid Waste Department with hydrogeologicai consulting and ground water monitoring services at the City's Landfill in an amount not to exceed $40,940.48. Member Jim Wilson moved to approve items #1-4 on the Consent Agenda, second from Board Member Bill Cheek. The motion was approved by a vote ORDINANCE NO. AN ORDINANCE BY THE CITY OF DENTON ABANDONING AND VACATING A PORTION OF A DRAINAGE EASEMENT FROM SHEPHERD PLACE HOMES [NC RECORDED IN VOLUME 4588, PAGE 107 DEED RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the city of Denton has received a request for the partial abandonment of certain drainage easement from the underlying and abutting fee simple owner, Shepherd Place Homes, Inc.; and WHEREAS, the property to be abandoned is described in Exhibit "B" and illustrated in Exhibit "A", attached hereto and made a part hereof by reference (the "Abandoned Drainage Easement"); and WHEREAS, the City of Denton Engineering Department has reviewed the Property and determined that it is excess easement and is not needed for future drainage purposes; and WHEREAS, the City Council hereby f'mds and determines that the Property is not needed for drainage easement purposes and it is in the public interest to abandon the Property and the City's interests therein to the landowner, Shepherd Place Homes, Inc.; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. The Property as described in Exhibit "B" is vacated and permanently abandoned as a drainage easement. SECTION 2. The interests of the City of Denton in the Property is hereby released and will revert to the owners as provided by law. SECTION 3. This ordinance shall become effective immediately upon its 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: HERBERT L~TY, C!~¢TTORNEY Page 2 2 2