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HomeMy WebLinkAboutJune 17, 2003 Agenda AGENDA CITY OF DENTON CITY COUNCIL June 17, 2003 After determining that a quorum is presem, the City Council will convene in a Work Session on Tuesday, June 17, 2003 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: Receive a report, hold a discussion, and provide staff direction concerning revisions to the City of DeNon Code of Ordinances, Chapter 24, Solid Waste. 2. Discuss the nomination process for the City's Boards and Commissions. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of June 17, 2003. Review and discuss the comems of a DVD from the Texas Municipal Power Agency ("TMPA") titled "A Vision for the Future". 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 Government Code, as amended, as set forth below. 1. Closed Meeting: Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under TEX. GOV'T. CODE Section 551.086. Receive competitive electric and commercial information from one of the City's Texas Municipal Power Agency ("TMPA") Board Members and/or City Staff pertaining to certain matters respecting present and future maintenance issues, financial issues, operational issues, legal and compliance issues, and other related issues and strategies concerning the City's interest in, and its business relationship with TMPA; and discuss, deliberate, consider, and provide such TMPA Board Member and/or Staff with direction regarding such matters. Deliberations regarding real property---Under TEXAS GOVERNMENT CODE Section 551.072 and Consultation with the City Attorney---Under TEXAS GOVERNMENT CODE Section 551.071. Deliberate the value and purchase of real property imerests of certain real property needed for the Spencer Road Project from Loop 288 to Woodrow; and receipt of legal advise from the City Attorney on matters in which his professional responsibility to the City Council requires private legal consultation pertaining to the Spencer Road Project and right-of-way acquisition. City of DeNon City Council Agenda June 17, 2003 Page 2 ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION"). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §§551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §§551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of DeNon City Council on Tuesday, June 17, 2003 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 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. June Yard-of-the-Momh Awards Resolutions of Appreciation 1. Consider approval of a Resolution of Appreciation for Mike Harral. D. Recognition of staff accomplishments 3. CITIZEN REPORTS Receive citizen reports from the following: 1. Willie Hudspeth regarding concerns of Southeast Demon. 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 Consem 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 Consem Agenda (Agenda Items A-CC). This listing is provided on the Consem Agenda to City of DeNon City Council Agenda June 17, 2003 Page 3 allow Council Members to discuss or withdraw an item prior to approval of the ConseN Agenda. if no items are pulled, ConseN Agenda items A-CC 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. mo Consider a request for an exception to the Noise Ordinance for the purpose of the Fall Into Concert Series on Sunday, September 21, 2003; Sunday, September 28, 2003; Sunday, October 5, 2003; and Sunday, October 12, 2003 at Fred Moore Park, from 3:00 p.m. to 5:00 p.m. The requestor is specifically asking for an exception to all for live music on Sunday. Bo Consider and confirm the re-appoiNmeN by the City Manager of Vicki Henington to the Civil Service Commission. Co Consider adoption of an ordinance accepting competitive bids and awarding an annual coNract for the purchase of 3 Phase Single and Double Tap Primary Fused Enclosures; providing for the expenditure of funds therefor; and providing an effective date (Bid 2989 - Annual Price AgreemeN for 3 Phase Primary Fused Enclosures awarded to Wesco Distribution in the estimated amouN of $105,543). Do Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of Pre-Cast Concrete Octagonal Manholes; providing for the expenditure of funds therefor; and providing an effective date (Bid 3025 - Annual Price AgreemeN for Pre-Cast Concrete Octagonal Manholes awarded to New Basis in the estimated amouN of $54,000). mo Consider adoption of an ordinance authorizing the City Manager or his designee to execute change order 2 to the contract between the City of Denton and Archer Western Contractors, Ltd.; providing for the expenditure of funds therefor; and providing an effective date (Bid 2734 - Pecan Creek Water Reclamation Plan Expansion Change Order 2 awarded to Archer Western Contractor, Ltd. in the amouN of $87,375.25). Fo Consider adoption of an ordinance providing for the expenditure of funds for the emergency purchase of contract work and equipment to repair storm damage to DME equipment located on Bonnie Brae Street in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding; and providing an effective date (File 3041 - Emergency Purchase for Repair of DME Facilities awarded to South Win Construction Inc. in the amount of $87,357.31). Go Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of Malone Street improvements; providing for the expenditure of funds therefor; and providing an effective date (Bid 2925 - Urban Street Program-Malone Street CS J0918-46-106 awarded to Jagoe-Public Company in the amouN of $445,152.90). City of DeNon City Council Agenda June 17, 2003 Page 4 Ho Jo Ko Lo Mo Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the parking lot improvements for Mack Park, Denia Recreation Center and Senior Center; providing for the expenditure of funds therefor; and providing an effective date (Bid 3015 - Mack Park, Denia Recreation Center, Senior Center, Parking Lot Improvement Project awarded to Calvert Paving Corporation in the base bid amoum of $259,652.44 plus Alternates 1-7 in the amount of $29,940.50 for a total amount of $289,592.94). Consider adoption of an ordinance of the City of DeNon, Texas to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund with Certificates of Obligation so that a project for the construction of Spencer Road and the Loop 288 bypass may be commenced; declaring an emergency and amending the 2002-2003 Capital Improvement Budget to allow the funding for said project; and providing an effective date. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of Spencer Road paving, drainage and water improvements; providing for the expenditure of funds therefor; and providing an effective date (Bid 3028 - Spencer Road Paving, Drainage & Water Improvements awarded to Jagoe-Public Company in the amount of $2,794,719.25). Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of a Xeriscape/Landscape Detention Pond for the North Branch Library; providing for the expenditure of funds therefore; and providing an effective date (Bid 3029 - Construction of Xeriscape/Landscape Detemion Pond for the North Branch Library awarded to Harrison Quality Construction in the amount of $34,527.74). Consider adoption of an ordinance awarding a comract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of a bucket truck with aerial device as awarded by the State of Texas Building and Procuremem Commission (Comract TXMAS-3-23010); providing for the expenditure of funds therefor; and providing an effective date (File 3042 - Bucket Truck With Aerial Device awarded to Altec industries, inc. in the amoum of $119,418). Consider adoption of an ordinance of the City of DeNon, Texas, authorizing first amendment to an interlocal Agreement between the City of Denton, Texas and University of North Texas extending the term of the contract to provide a volunteer coordinator for the Denton Community Network to build a training program for volumeers; authorizing the expenditure of funds; and providing an effective date. City of Demon City Council Agenda June 17, 2003 Page 5 No Consider adoption of an ordinance of the City of Demon, Texas authorizing the re-advertisemem for a Non-Drilling, Paid-Up Pooling Agreemem for an Oil and Gas Lease Agreement for South Lake Park within the City of Denton, Texas; and providing an effective date. Oo Consider adoption of an ordinance of the City of Demon, Texas, accepting the bid submitted by Trio Consulting & Management, L.L.C., and authorizing the negotiation of a Non-Drilling/Pooling Agreement for an approximate 3.13-acre tract owned by Denton Municipal Electric for an electric substation, and providing an effective date. Po Consider adoption of an ordinance of the City of Demon, Texas authorizing the rejection for all bids and the re-advertisemem for a Non-Drilling, Paid-Up Pooling Agreement for Oil and Gas Lease Agreements for North Lakes Park, Denia Park, and the Airport Open Space Park, within the City of Denton, Texas; and providing an effective date. Qo Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 0.357 acre tract or parcel of land and an approximate 2.152 acre tract or parcel of land both in fee simple for street, utility and right-of-way purposes, such title to be in the name of the City of Demon, and a drainage easement containing approximately 0.226 acre and a temporary construction easement containing approximately 0.309 acre, all said tracts being located in the Mary Austin Survey, Abstract Number 4 in Denton County, Texas and being out of that certain tract or parcel of land in a deed to Alex N. Bickley recorded in Volume 987, Page 548 of the Deed Records of Demon County, Texas; authorizing the City Manager, or his designee, to make an offer to purchase the property for its just compensation and if such offer is refused, authorizing the City Attorney, or his designee, to institute the necessary proceedings in condemnation to acquire the property for street, utility and right- of-way purposes, drainage easement purposes, and temporary construction easemem purposes; and declaring an effective date. (Tract 4) Ro Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 1.075 acre tract or parcel of land in fee simple for street, utility and right-of-way purposes, such title to be in the name of the City of Denton and said property being located in the Mary Austin Survey, Abstract Number 4 in Denton County, Texas and being out of that certain tract or parcel of land in a correction deed to Ronald West Atkins and wife, Barbara Atkins recorded under Clerk's File Number 97-R0043235 in of the Real Property Records of Denton County, Texas; authorizing the City Manager, or his designee, to make an offer to purchase the property for its just compensation and if such offer is refused, authorizing the City Attorney, or his designee, to institute the necessary proceedings in condemnation to acquire the property for street, utility and right- of-way purposes; and declaring an effective date. (Tract 5) City of Demon City Council Agenda June 17, 2003 Page 6 So Consider adoption of an ordinance authorizing the City Manager or his designee to purchase a 0.60 acre tract or parcel of land in fee simple for street, utility and right-of-way purposes, such title to be in the name of the City of Denton and said property being located in the Mary Austin Survey, Abstract Number 4 in Denton County, Texas and being out of that certain tract or parcel of land in a deed to American Legion Post #71 recorded in Volume 561, Page 464 of the Deed Records of Denton County, Texas; authorizing the expenditure of funds; and declaring an effective date. (Tract 6) Consider adoption of an ordinance authorizing the City Manager or his designee to purchase a 0.494 acre tract or parcel of land in fee simple for street, utility and right-of-way purposes, such title to be in the name of the City of Denton and said property being located in the Mary Austin Survey, Abstract Number 4 in Denton County, Texas and being out of that certain tract or parcel of land in a deed to Terry S. Stanford recorded under Clerk's File Number 96- R0082307 in the Real Property Records of Demon County, Texas and also being out of that certain tract or parcel of land in a deed to Elizabeth Marie Hardy recorded in Volume 4643, Page 2430 of the Real Property Records of Demon County, Texas; authorizing the expenditure of funds; and declaring an effective date. (Tract 7 & 8) Uo Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 0.095 acre tract or parcel of land in fee simple for street, utility and right-of-way purposes, such title to be in the name of the City of Denton and said property being located in the Mary Austin Survey, Abstract Number 4 in Denton County, Texas and being out of that certain tract or parcel of land in a deed to Charles E. Bailey recorded under Clerk's File Number 98-R0035413 in of the Real Property Records of Denton County, Texas; authorizing the City Manager, or his designee, to make an offer to purchase the property for its just compensation and if such offer is refused, authorizing the City Attorney, or his designee, to institute the necessary proceedings in condemnation to acquire the property for street, utility and right-of-way purposes; and declaring an effective date. (Tract 9) go Consider adoption of an ordinance abandoning and vacating a portion of an electric line easement from L. R. Strickland to Brazos River Transmission Electric Cooperative, inc. recorded in Volume 386, Page 59 of the Deed Records of Denton County, Texas, and abandoning and vacating a portion of an electric line easemem from Grace Start Copeland, James C. Copeland, Maude Starr Ellis, J. F. Start, C.D. Starr, W. P. Starr, Ann R. Boyd, F. L. Starr, Annie Starr Whaley, Jack Starr, Eunice Star Thomas, T. M. Starr, Susie Starr Sargent, O. L. Sargent, B. L. Ellis and C. M. Star to Brazos River Transmission Electric Cooperative, inc. recorded in Volume 384, Page 121 of the Deed Records of Denton County, Texas, and both easements subsequently assigned to the City of Denton in an instrument recorded in Volume 2736, Page 825 of the Real Property Records of Denton County, Texas in the Samuel Kephart Survey, Abstract No. 721 and the George McGlothlin Survey, Abstract No. 888 and the City of DeNon City Council Agenda June 17, 2003 Page 7 A. Serren Survey, Abstract No. 1198 and the B.B.B. & C.R.R. Survey, Abstract No. 190, said portion being on the tracts of land as described in the deed to Lake Sharon L.P. recorded in Volume 4122, Page 1957 and Volume 4017, Page 875 of the Real Property Records, Denton County, Texas and the deed to ACLP Swisher Road Commercial, L.P. recorded by County Clerk file number 99- R0006837 Real Property Records, DeNon County, Texas, and the deed to Lake Sharon Christian Cemer Inc., recorded in Volume 4107, Page 2239, Real Property Records, DeNon County, Texas and declaring an effective date. Wo Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of a sanitary sewer easement in, over, on, across, and under an approximate 0.7827 acre tract or parcel of land, a temporary construction easement containing approximately 0.2878 acres of land, and a temporary construction easemem comaining approximately 1.0946 acres of land, all tracts being located in the Mary L. Austin Survey, Abstract No. 4 in Denton County, Texas and being part of a tract or parcel of land owned by Kent Key and John Rainey; authorizing the City Manager or his designee to make an offer to purchase the easemems for their 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; and declaring an effective date. Xo Consider adoption of an ordinance of the City Council of the City of DeNon, Texas authorizing the City Manager to execute a Professional Services Agreement with R. J. Covington Consulting, LLC for consulting services relating to: Task Order No. 03-E, regarding completion of a Fixed Asset Cost Separation Study relating to Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date. Task Order No. 03-F, regarding the 2003 Transmission Cost of Service filing at the Public Utility Commission of Texas relating to Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date. Yo Consider approval of an exaction variance of Section 35.20.3(A.3.) of the Code of Ordinances concerning collector street sidewalk requirements. The parcel contains approximately 1.8 acres and is located on the northwest corner of Paisley Street and Campbell Street. The property is currently designated as a neighborhood residemial (NR-4) zoning district. A day school/care curremly exists. The Planning and Zoning Commission recommends approval of a partial variance as proposed by the applicam (6-0) (V03-O010) go Consider adoption of an ordinance of the City of DeNon authorizing a service agreemem in the amount of $750.00 between the City of DeNon, Texas and the Juneteenth Committee to support the 2003 Juneteenth celebration; providing for the expenditure of funds therefore; and providing for an effective date. City of DeNon City Council Agenda June 17, 2003 Page 8 Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Demon and the DeNon Kiwanis Club for the paymem and use of $19,946 in Hotel Tax Revenue; approving a budget for, and authorizing expenditure of, these funds, and providing an effective date. BB. Consider approval of the minutes of May 19, 20, 21 and 27, 2003. CC. Consider denial of an exaction variance of Section 35.20.2 (P. 1.) of the Code of Ordinances concerning coordination with surrounding streets and connectivity and 35.20.2 (A.3.c.) concerning maximum cul de sac lengths. The approximately 11.5-acre parcel is located on the easterly side of Country Club Road/FM1830 and on both sides of Regency Oaks Drive and is in a Neighborhood Residemial 2 (NR-2) zoning district. A single-family subdivision is proposed. The Planning and Zoning Commission recommends denial (6-1). (V03-0013-Regency Oaks) 5. PUBLIC HEARINGS mo Hold a public hearing and consider adoption of an ordinance graining a license at Brinker Road at milepost 724.3 for the installation of a subsurface electric line in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a license and providing an effective date. Bo Hold a public hearing and consider adoption of an ordinance graining a license for a surface use of a portion of the DeNon Branch Rail Trail approximately 120 feet south of Corinth Parkway at milepost 727.7 for the installation of an overhead electric line in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a license and providing an effective date. Co Hold a public hearing and consider adoption of an ordinance graining approval of a surface use of a portion of the Denton Branch Rail/Trail at Loop 288 milepost 724 for the purpose of a public street easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a license and providing an effective date. Do Hold a public hearing and consider adoption of an ordinance graining a license for a subsurface use of a portion of the Denton Branch Rail Trail approximately 600 feet north of Pockrus Page Road at milepost 725.7 for the installation of a subsurface electric line in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a license and providing an effective date. mo Hold a public hearing and consider adoption of an ordinance concerning the creation of a Special Sign District for an approximately 35.5 acre site that is generally located at the northeast corner of Brinker Road and Rails and Trails Reserve intersection. The purpose of the Special Sign District is to allow signage for a development to deviate from the requirements of Subchapter 15 of the City of DeNon City Council Agenda June 17, 2003 Page 9 Developmem Code. The Planning and Zoning Commission recommends approval with conditions (5-0). (SD03-O001, Quail Creek) Fo Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit for a gas well site on approximately 40 acres of land. The property is in a Neighborhood Residemial 6 (NR-6) and Community Mixed Use General (CM-G) zoning districts. The subject property is generally located south of Mission, north of Hobson Lane and east of U.S. 377 (Fort Worth Drive). One gas well is proposed. The Planning and Zoning Commission recommends approval (6-0). (Z03-0014, Hilliard-Fulton Unit No. 1) 6. ITEMS FOR INDIVIDUAL CONSIDERATION mo Consider adoption of an ordinance on first reading to volumarily annex approximately 67.69 acres of land generally located north and east of Teasley Lane (FM 2181), and west of Blue Bonnett in the southeastern section of the City of DeNon Extraterritorial Jurisdiction (ET J). The Planning and Zoning Commission recommends approval (5-0). (A03-O001, Teasley Lane High School) Bo Consider an ordinance of the City of DeNon, Texas authorizing participation in a coalition of cities known as the Alliance of TXU Municipalities (ATM) in order to hire attorneys and experts to respond to the filings of TXU Gas Company locally and before the Railroad Commission of Texas including the authority to negotiate with the company and to direct any necessary litigation; authorizing intervention at the Railroad Commission of Texas; suspending the effective date of TXU Gas Distribution's requested rate changes as set forth in their Statement of Intent filed with the City Secretary to permit the City time to study the request and establish reasonable rates; to require the reimbursement of municipal rate case expenses; finding that the meeting complied with the Open Meetings Act; making other findings and provisions related to the subject; and declaring an effective date. Co Consider adoption of an ordinance approving an Alternative Developmem Plan for the Brinker Crossing developmem. The approximately 2.0 acre developmem is generally located on the west side of Brinker Road, south of Loop 288. The property is within a Regional Cemer Commercial Dowmown (RCC-D) zoning district. Commercial uses are proposed. The Planning and Zoning Commission recommends approval with conditions (5-0). (ADP03-O005, Brinker Crossing) Do Consider adoption of an ordinance approving an Alternative Developmem Plan for approximately 23.7 acres generally located at the northwest corner of Brinker Road and Colorado Boulevard imersection. The subject property is within a Regional Cemer Commercial Neighborhood (RCC-N) zoning district. The purpose of the Alternative Developmem Plan is to deviate from the requiremems of Subchapter 13 of the Developmem Code. Office uses are proposed. The Planning and Zoning Commission recommends approval (6-0). (ADP03-O006, Sally Beauty) City of DeNon City Council Agenda June 17, 2003 Page 10 Consider adoption of an ordinance approving an Alternative Developmem Plan for approximately 0.92 acres, commonly known as 3303 Colorado Boulevard, generally located along the north side of Colorado Boulevard approximately 1,100 feet east of Brinker Road and Colorado Boulevard imersection. The subject property is within a Regional Cemer Commercial Neighborhood (RCC-N) zoning district. The purpose of the Alternative Developmem Plan is to deviate from the requiremems of Subchapter 13 of the Developmem Code. A medical office is proposed. The Planning and Zoning Commission recommends approval with conditions (6-0). (ADP03-O007, Quantum Family Medical) Consider adoption of an ordinance calling a sales tax election to be held in the City of DeNon, Texas, on September 13, 2003, designating polling places, appoiming election officials; providing for early voting; providing for bilingual notice of the election; ordering that an electronic voting system be used; making additional provisions for the conduct thereof; providing an open meetings clause; and providing for an effective date. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 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 DeNon, Texas, on the day of ,2003 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 HEAR1NG IMPAIRED IF REQUESTED AT LEAST 48 HOURS iN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE iNTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET June 17, 2003 Solid Waste Howard Martin, Utilities 349-8232 ~ SUBJECT Receive a report, hold a discussion, and provide staff direction concerning revisions to the City of Demon Code of Ordinances, Chapter 24, Solid Waste. BACKGROUND Solid Waste staff will presem an overview of the draft solid waste ordinance revision for the Code of Ordinances, Chapter 24, Solid Waste. Staff is seeking guidance and direction from the City Council on the issues presemed, and any other issues discussed. The majority of the solid waste ordinance was written in 1966, along with periodic updates in succeeding years; 1989, 1990, 1991, 1998, 1999, and 2000. A revision is needed to meet currem regulations and industry practices. RECOMMENDATION Staff is requesting guidance and direction from the City Council. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None. EXHIBITS 1. Draft Solid Waste Code Update Respectfully submitted: A. Vance Kemler Director of Solid Waste Summary Draft SOLID WASTE CODE REVISION ARTICLE I. GENERAL Purpose. Preserve and protect the public health, safety and general welfare. Provide solid waste planning and managemem in an environmemally and fiscally responsible manner. Comply with the requirements of federal and state laws, regulations and rules. Definitions. Construction & Demolition (C & D) Waste Municipal Solid Waste (MSW) Hazardous Waste Person Special Waste Etc. City to Provide Solid Waste Services. The City of DeNon is the exclusive provider of residemial and commercial Municipal Solid Waste (MSW) collection, transfer, processing and disposal services. Responsibility for Solid Waste and Recyclables Collections. MSW and recyclable materials are the property of the generator until set out for collection. The City will provide MSW collection service no less frequemly than once per week, in accordance with Health and Safety Act requiremems. Services Outside the City Limits. The City may provide service within the City's Extra Territorial Jurisdiction (ET J). The City may enter into intergovernmental local agreements for solid waste and recycling services. Indemnification and Hold Harmless. Provides general tort indemnification. Establishing Rates and Fees No free service will be provided. Solid Waste rates will be established by the City Council. Service deposits may be required by the department. Fees for other services will be established by the Director of Solid Waste to recover the cost of service, with the approval of the Assistant City Manager. Service agreements will be executed by the Director of Solid Waste, with the approval of the Assistant City Manager. Page 1 of 13 EXHIBIT 1 Payment for Services Required. Each residence and commercial business operating within the city is required to have MSW refuse collection services. The City is the exclusive provider of these services. Services are due twenty-one days after the billing date. Payment must be received on or before the due date or late fees and penalties will be assessed. City may terminate service for non-payment of services and employ a variety of account collection methods to secure collection for non-payment of services rendered, which may include attachment of a lien on property. Customer is liable for legal fees associated with the collection of overdue and non-paid accounts. The City will charge late fees, collection fees and interest on overdue accounts. No free service will be provided by the Solid Waste Department. Containment of trash and rubbish. The customer is responsible for having adequate containment (bags, boxes,..) for garbage, trash and other waste to prevent spillage, litter, etc. The Director or a designee may establish a service type, frequency or size of containers. The Director or designee will determine the adequacy of containment and frequency of collection. Maintenance and Control of Containers and other Solid Waste Equipment Containers and equipment provided by the City are the property of the City. The customer is responsible for the City's containers provided for the customer's use, other than fair wear and tear. The customer will be charged for the repair or replacement of lost, abandoned or damaged containers. Weight Limitations of Bags and Containers. Weight limitations vary with size and type of the container. Removal of unauthorized containers. Service will be provided to the City's containers only. (i.e. other commercial containers will not be emptied, garbage cans set out with other trash are loaded with other waste.) Prohibited Waste. No hazardous waste or other prohibited wastes will be collected. No liquids can be collected. Container Accessibility and Location. Maintain a two foot access buffer required around the container. Provide adequate truck clearance for collection vehicles. Access to container required. Unlawful to block a container. Page 2 of 13 No containers to be placed in the City's right of way. Possible exceptions: 1) No street or sidewalk interference. 2) No dangerous condition. 3) Right-of-Way charge may be due. ) Director or designee to approve container locations. Illegal Dumping and Littering. No littering. Unlawful items not to be placed out for collection and disposal. The generator and transporter are responsible to ensure that solid waste is treated or disposed in a permitted facility. Disposal of Municipal Solid Waste only in authorized locations. Municipal solid waste shall only be unloaded or disposed in a properly permitted transfer station, material recovery facility, processing facility or landfill permitted by the Texas Commission on Environmental Quality. Theft of Service Prohibited. Theft of service defined. Enforcement of Solid Waste Ordinances. Ordinances to be enforced by the City. Page 3 of 13 ARTICLE II. RESIDENTIAL SERVICE Municipal Solid Waste Services Required. The City is the exclusive service provider for residential refuse service. Residential service. (a) Single family, duplex and triplex residences are provided the following services: 1) Refuse collection service of containerized (bagged or can) refuse at least once per week, in accordance with the requirements of the Health and Safety Act. 2) Brush and yard waste collection service 3) Bulky items (i.e. household furniture and appliances) 4) Other services charged to recover costs of services provided, including administrative costs. Fencing, construction and demolition debris will not be collected by the residential collection crews with other household waste. Service for this waste is available for a fee to cover the cost of services. Can collection service will be a once per week service with rates established on a volume basis, a Pay-As-You-Throw (PAYT) system. (b) Special collection service is available for the mobility impaired customers. (c) Boarding houses, rooming houses, townhouses, condominiums, other multifamily residences with four or more living units in a single structure, and mobile home parks or developments with four or more living units will be provided refuse collection services under Article III, Commercial Service. Container (Bag and Cart) Placement, Size and Usage Requirements Bag size shall not exceed forty (40) gallons in capacity and will have adequate wall strength to prevent tearing and spillage. Bags and containers shall be secured to prevent spillage. At the time of collection, if refuse is scattered, the customer is responsible for clean-up and re-containerizing the waste. Waste will not be setout prior to 6:00 p.m. on the day prior to the collection day. Cans must be removed from the curbside no later than 8:00 a.m. on the day following collection. Residential Containerized Service - Carts. Cans will be provided by the City. Service will be provided for City owned cans only. Residences receiving can service will be a once per week service with rates established on a volume basis, a Pay-As-You-Throw (PAYT) system. Place refuse in trash bags prior to placement in the can. Waste will not be setout prior to 6:00 p.m. on the day prior to collection day. Leave a space of at least two feet on each side of the can. Remove can from the curbside by 8:00 a.m. on the day following the date of the collection. Page 4 of 13 Keep container lids closed. Refuse outside container is not collected. Additional containers are available. Preparation and Collection of yard trimmings (brush and yard waste). The monthly refuse charge provides for the collection of up to eight (8) cubic yards of yard waste on a regular collection day. The City can provide collection of the excess volume for an additional service fee. Commercial yard services are responsible for the removal and disposal of their yard waste. Page 5 of 13 ARTICLE iii. COMMERCIAL COLLECTION SERVICE Commercial Service. The City of DeNon is the exclusive service provider of commercial refuse service. The commercial customer will be provided comainer service with rates based on comainer volume and frequency of collection. A variety of comainer sizes and collection frequencies are available. Scheduled and on-demand services are available. Solid Waste Services Required The City of DeNon will provide all municipal solid waste commercial services within the city limits. Municipal solid waste service is required for every business, industry, institution and commercial establishment within the city. Commercial service will be required for residences that are not individually metered for at least one of the City's utilities. Demand Response Services. Fees are based on the services requested. Charge for commercial, institutional, and industrial services. The rates for services are established by the City Council. No free service will be provided by the Solid Waste Departmem. Fees for other services will be established by the Director of Solid Waste to recover the cost of service, with the approval of the Assistant City Manager. Containers furnished by City for all commercial and industrial customers. The Director or designee may determine container location. Boxes, cartons and waste placed outside of the container will not be collected. Billings on shared comainers are commensurate with service volume. Customers may not assign, rent or accept payment for the use of a City container. Lids shall remain closed on comainers. Refuse and bulk trash may not accumulate outside of the container. One day per momh the City will provide bulky trash collection service. Collection of bulky items at other times is available for a fee which will cover the cost of service. Waste volumes which exceed the container capacity three times within six months will require an automatic increase in the level of service to provide adequate waste storage capacity. Fees for cleaning area surrounding solid waste containers. The customer is responsible for maintaining the area around the container. The collection truck driver is responsible for clean up of trash that spills as a resulting from the collection process. Container Screening - Revetments Metal containers shall be screened. Temporary service containers are exempt from screening requirements. Page 6 of 13 KDB has proposed a twelve month phase in period for existing containers to add revetments. Revetment construction specifications are provided in the Planning Department's General Guidelines for Commercial Solid Waste Services. The customer is responsible for maintaining revetments in a good functioning condition. Damaged Containers and Equipment. Customers shall promptly report damage to containers, equipment or property to the City. Property owners, managers, or tenants shall be responsible for the repair of damage that is not a result of fair wear and tear. The Solid Waste Department shall be responsible for the repair of damage it causes. Heavy or unusual accumulations. Debris from a construction or demolition site shall be kept in an approved city container. Heavy or large accumulations of bulky trash may be discarded in the customer's container if the weight does not exceed collection capacity. Service to handle excess amounts of this waste are available from the Solid Waste Department for a fee to recover the cost of service. C & D waste may be discarded in the customer's container. Service to handle excess amounts of this waste are available from the Solid Waste Department for a fee to recover the cost of service. Page 7 of 13 ARTICLE IV. SOLID WASTE SERVICE PROVIDER REQUIREMENTS Solid Waste Service Permit Required Service providers other than the City's Solid Waste Department that collect, transport, process, transfer, process, treat, or dispose of MSW, recyclables, special waste C&D waste medical waste, industrial waste and hazardous waste must be permitted to conduct those services in the city limits or ETJ. Those service providers will be required complete the Solid Waste Department's application, pay applicable fees and execute a service agreement prior to the issuance of a permit, in accordance with the Solid Waste Department's guidelines. Obtain permit prior to conducting those services within the city limits or ETJ. Any permittee failing to meet the requirements of the Solid Waste Code, the application, or service agreemem will be considered to be in violation of this ordinance and subject to a maximum fine of $200 for each violation, each day in which the service provider conduct these services without a permit is considered a violation. Service providers providing these services within the city limits or ETJ without a City Solid Waste Service Permit will be considered in violation of this ordinance and subject to a maximum fine of $200 for each violation, each day in which the service provider conduct these services without a permit is considered a violation. Service providers operating in newly annexed areas of the City will have ninety days from the passage of the annexation ordinance to complete the requirements of this Article. Generators transporting their own waste will be required to obtain a Solid Waste Service Permit with special provisions provided. Small C & D transporters (using vehicles with a GVWR leas than 13,000 pounds and a GCVWR less than 15,000 pounds) will be required to obtain a Solid Waste Service Permit with special provisions provided. City Solid Waste Service Permit Exemption The City's Solid Waste Department and its solid waste service provider contractors will be exempt from the requiremem of obtaining a Solid Waste Service Permit. The Solid Waste Department and its solid waste service provider contractors will pay a fee of four (40 percent of the gross rate revenue received for providing solid waste services in lieu of the fees required by the Solid Waste Service Permit. The Solid Waste Department and its solid waste service provider contractors will make this alternate fee payment to the City on at least a quarterly. Solid Waste Service Permit - Not an exclusive Franchise. The Solid Waste Service Permit is not an exclusive franchise. Minimum requirements for completion of a Solid Waste Service Permit application: (a) Submit application to the City of DeNon Solid Waste Departmem. (b) At a minimum, the application shall include: (1) name, address and telephone of the applicam; Page 8 of 13 (2) (3) (4) (5) (6) (7) (8) trade name under which the applicant does business or proposes to do business; A list by make, model, year of manufacture, refuse body model number, hauling capacity and license plate number of all vehicles to operate under the permit; nature and character of service the applicant proposes to render; complete record of all violations and convictions against the applicant and every partner, or director for any and all laws, orders, and ordinances of a city, county, state, or federal government, related to the environment; within the past five (5) years within the State of Texas; a sworn statement from the applicant that its collection and hauling methods comply with all federal and state environmental and transportation laws, and regulations; and provide the following minimum insurance requirements: Worker's compensation insurance; vehicle liability insurance- $300,000.00 minimum per individual, $500,000.00 per accident; General liability- $500,000.00; Umbrella liability:-$ t,000,000.00, unless otherwise required under this Article. Insurance is to be provided by companies authorized to conduct business in the State of Texas, and, except for the workers' compensation insurance, shall name the City and its officers and officials as additional insured. other information that may be relevant to the City's review of the application. Permits - Processing of the Permit Application The City will have twenty (20) days to review the permit application from date of receipt of a complete application and submittal of all additional information. The City may issue or deny a permit. Reasons for denial shall be provided in writing to the applicant. The permit applicant has ten (t0) days to request an appeal. The City will provide an Applicant issued a permit of the effective date of the permit within be ten (t0) days after the City receives a fully executed service agreement, verifies all required insurance, verifies all required bonds, and receives all necessary payments of fees. Permits - Term and Renewal Permits are valid for not more than two years from the date of issuance. Permits terms begin on October first of odd numbered years (or effective date, whichever is later) and expire on September thirtieth of odd numbered years Permittees must submit their permit renewal application to the City no later than ninety (90) days prior to permit expiration. Permit Violations Notice of a violation of the permit shall be provided by registered or certified mail, express mail service or in person to the permittee's address provided in the permit application. The Permittee has five business days to remedy the violation or provide the City with a correction action plan, if a remedy cannot be completed within five business days. Page 9 of 13 Permits - Appeals An appeal process is afforded to all permittees. Permits - Revocation, Termination, Suspension or Non-renewal Failure to complete corrective action of a violation within five days or in accordance with the timeframe of the City's approved corrective action plan, may result in the revocation, termination, suspension or non-renewal of the service provider's Solid Waste Service Permit. Failure to make quarterly payments win the time requirements will be grounds for termination, revocation, suspension or non-renewal of the permit. Permittees may have their permits revoked, terminated, suspended or not renewed for violating the terms of the permit, terms of the service agreement, or failure to pay any fees in accordance with the terms of the permit or service agreement Permits - Records and Reports Permittees shall maintain necessary financial and operational service records that support the permittee's service. The Permittee will submit quarterly reports to the City that meet the requirements of the permit and service agreement which will, at a minimum include: (1) inventory of all vehicles and containers used in the conduct of service under the permit; (2) current listing of all customers the Permittee provides service under this permit including names, addresses, and telephone numbers; (3) facility name, permit number and weight (by load and date) of waste transported to a processing, treatment and disposal facility. The Permittee's records shall be available for audit or inspection by the City or its designated representative during normal business hours. Permittee's Disposal of Solid Waste The Permittee will be responsible for disposing of solid waste in a properly permitted facility. Permits - Payment of Fees and Fines Initial permit application fee is $100.00. Permit renewal application fee is $50.00 The Permit fee will be a minimum of four percent (4%) of the gross revenue of services performed under the provisions of the permit and service agreement, unless otherwise stated within this Article. The permit fee for each calendar quarter will be paid to the City no later than forty five (45) days after the end of the quarter. The payment will include supporting data used to determine the payment amount. Permittees will be fined a maximum of $200.00 for each violation of the permit. Each day constitutes a separate and distinct fineable offense. Permittees may have their permits revoked or terminated for violating the terms of the permit, terms of the service agreement, or failure to pay any fees in accordance with the terms of the permit or service agreement Page 10 of 13 Permit for refuse collections service from residential dwellings in newly annexed areas. (a) Service providers operating in newly annexed areas of the city are required to have a obtain a Solid Waste Service Permit within ninety (90) days of the passing of the annexation ordinance. (b) All permits issued pursuant to this section shall require the payment of four (4) percent of the gross annual revenue, paid quarterly by the permit holder (c) Quarterly customer account lists shall be provided to the city. (d) If unsatisfactory service is provided, or permit and service agreement requirements are not fulfilled, the permit may be immediately revoked. Page 11 of 13 ARTICLE V. RECYCLING SERVICES Sec. 24-100. Recyclable Materials. Any person can collect commercial recyclable materials from businesses in the city. A Solid waste Service Permit is required to provide the collection or processing of recyclables. Disposing of recyclable materials. It is unlawful to place non-recyclable materials or waste in recyclables storage containers. Residential Curbside Recycling Collection Service The City is responsible for the management and operation of this program. This service is provided to triplex, duplex and single family dwellings. Recycling containers are provided by the City to a residential address and shall not be removed from the residence. The resident is responsible for the recycling container. The lid on the container shall be kept closed. Container placement and removal time, and container storage. Materials may not be removed from the container by other than the homeowner, or The service provider.. Recycling Drop-off Centers Recycling materials deposited at drop-off centers are city property. It is unlawful to leave refuse at any recycling drop-off center. Commercial Recycling Any person can collect commercial recyclable materials from businesses in the city. Recycling providers must obtain a Solid Waste Service Permit. All commercial recycling containers must be screened. ARTICLE VI. LANDFILL SERVICES Charges for use of city landfill. Rates will be established by the City Council. Service deposits requirements will be established by the department. Fees for services will cover the cost of services rendered, including administrative costs. Fees for services will be established by the Director of Solid Waste, with the approval of the Assistant City Manager. Service agreements will be executed by the Director of Solid Waste, with the approval of the Assistant City Manager. Page 12 of 13 Compliance with on-site signs and instructions. Customers must comply with traffic, safety, and directional signs posted and verbal instructions provided by operations personnel. Prohibited materials and regulations. No prohibited waste will be accepted for disposal. Special Waste Procedures. (a) The list of special waste, and handling rules is available at the city landfill. (b) Special waste is not to be placed out for collection. Violators will be charged all costs associated with the discovery, return, and/or disposal of the waste. (c) Special waste is hauled by private haulers, which must meet the city's hauling requirements. Random Inspections of Loads. All landfill loads are subject to a random inspection. Secured Loads All loads shall be charged. secured to prevent loss or spillage. Noncompliance fees will be Scavenging Prohibited. Scavenging is prohibited in the landfill. Page 13 of 13 AGENDA DATE: DEPARTMENT: CM: AGENDA INFORMATION SHEET June 17, 2003 City Manager's Office Mike Conduff SUBJECT Discuss the nomination process for the City's Boards and Commissions. BACKGROUND Following the procedures established by the City Council for board/commission appointments, the attached timeline has been prepared for council consideration. The proposed timeline provides for a streamlined nomination process for Council allowing for a specific meeting to discuss nominations rather than at the end of regular meetings. The Work Session of June 17~h will have a short discussion on the upcoming process with Board and Commission notebooks distributed at that time. Council will then have three weeks to contact individuals being considered for nominations to a board or commission. Council is asked to provide the City Secretary the names and addresses of those individuals they wish to nominate during this time and a compiled list will be provided at a luncheon to be scheduled the week of July 14~h for Council to present and discuss nominations with ratification of the nominations at the July 22nd meeting. The Board and Commission reception will be August 5th with the swearing in ceremony being televised. Respectfully submitted: Jennifer Walters City Secretary PROPOSED TIMELINE BOARD/COMMISSION APPOINTMENTS DATE May 25 - Sunday Week of May 26 June 17 - Tuesday Week of July 14 July 22 - Tuesday July 23 - Wednesday August 5 - Tuesday ACTION Advertising in Demon Record-Chronicle for prospective applicants Letter from City Secretary to current members with expiring terms with application and/or letter of thanks Work Session discussion on nomination process- hand out notebooks Council luncheon to discuss nominations Council vote on nominations Letters sent to new appointments, reappointments of board/commission members plus reception invitations Reception - Work Session Room 4:30 - 5:30; swearing in 6:00 - Council Chambers (televised) AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET June 17, 2003 Utility Administration Howard Martin, Assistant City Manager 349-8232 SUBJECT Review and discuss the contents of a DVD from the Texas Municipal Power Agency ("TMPA") titled "A Vision for the Future." BACKGROUND Council Member Perry McNeill would like Council members to view a 10-minute DVD presentation from the Texas Municipal Power Agency ("TMPA"). The presentation is titled "A Vision for the Future." Respectfully Submitted: Howard Martin, ACM Utilities AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: June 17, 2003 City Manager's Office Michael Conduff, City Manager SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of the Fall Into Concert Series on Sunday, September 21, 2003, Sunday, September 28, 2003, Sunday, October 5, 2003 and Sunday October 12, 2003 at Fred Moore Park, from 3:00 p.m. to 5:00 p.m. The requestor is specifically asking for an exception to all for live music on Sunday. BACKGROUND Peternia Washington has submitted a request to have live music in Fred Moore Park for two Sundays in September and two Sundays in October to enhance the cultural climate of Southeast Denton. The purpose of the concerts is to showcase talented local individuals, to encourage the image of Southeast Denton as a cultural attraction, and to allow Southeast Denton to host another major showcasing event in addition to the annual Juneteenth Celebration. PRIOR ACTION/REVIEW (Council, Boards or Commissions) None FISCAL INFORMATION None Betty Williams Director of Management and Public Information Prepared By: Pamela Rambo-Estill, Management Assistant Attachment: Letter from Paternia Washington Noise Ordinance ~LL %bO b %0o ~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 20 RELATING TO NOISE VIOLATIONS BY AMENDING SECTION 20-1 IN ITS ENTIRETY; .PROVIDING A SEVERABILITY. CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That Chapter 20 "Nuisances" of the Code of Ordinances of Denton, Texas is hereby amended by replacing Section 20-I titled "Noise" in its entirety to read as follows: Section 20-1. Noise. 1. Declaration of Intent. It is hereby declared to be the policy of the City to minimize the exposure to citizens to the potential physiological and psychological harm of excessive noise and to protect, promote, and preserve the public health, comfort, convenience, safety, and welfare. It is the express intent of the City Council to control the level of noise in a manner that promotes commerce; protects the sleep and repose of citizens; promotes the use, value, and enjoyment of property, and preserves the quality of the environment 2. Sound Measurement Criteria. For purposes of this ordinance, sound measurements will be made using the A-weighting se,ale on an approved sound-level meter, based on the reference sound pressure (0 dba). Measurement times will be no less than 2 minutes in length, and violations will be determined based on the highest registered reading in that measurement period. All measurement levels will be inclusive of any ambient noise that exists at thc time of thc measurement. 3. Definitions and standards. The following definitions shall apply in the interpretation and enforcement of the section: Approved Sound-Level Meter: An instrument sensitive to pressure fluctuations that provides a digital decibel reading indicating the level of sound based on a reference of 0 db (0.0002 Micro Bar). The instrument must also be capable of taking measurements on the A-weighted scale and on a slow response. ~4-Weighted Sound Pressure Level: The sound pressure level as measured on an approved sound-level meter using the a-weighting network. Page I of 6 Clearly 2udible: Any sound for which the information content of that sound is unambiguously communicated to the listener, such as, but not limited to, understandable spoken speech which need not be wholly discemable, or comprehension of whether a voice is raised or normal, bass reverberations, or comprehensible musical rhythms. Daytime: From 7:00 a.m. to 10:00 p.m. Established Perimeter:. The established perimeter of an event will be the permanent or temporary fencing in place for the event, or the natural boundaries of a specific location or address. Motor Vehicle: Any vehicle pwpelled by mechardcal power, such as, but not limited to, any passenger car, truck, track-trailer, semi-trailer, camper, motorcycle, minibike, go- cart, dune buggy, or racing vehicle. Nighttime: From 10:00 p.m. to 7:00 a.m. Noise: Any sound which is unwanted or which causes, or tends to cause, an adverse psychological or physiological effect on human beings. Outdoor Music performances if: (1) (2) (3) Festival: Any form of musical entertainment provided by live More than 200 persons are in attendance at any one performance, or The event requires paid admission, and Any of the performers or performance are not within a permanent, enclosed structure, and Any of the performance involves the use of amplified sound. Sound Amplifying Equipment: Any machine or device for the sound amplification of the human voice, music, musical equipment, or any other sound. "Sound amplifying equipment" shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicles used only for lxaffic safety purposes. Vibration (Bass Reverberation): A temporal and spatial oscillation of displacement, velocity, or acceleration in a solid material created by the use or operation ora stationary loudspeaker, amplifier, musical instrument, or any other sound amplifying equipment. Any ground or structure-borne vibrational motion that is perceptible by sensation by touch, visual observation of moving objects, or means other than through the sense of hearing. Page 2 of 6 General noise vJolnfions. It shall be unlawful for a person to make or cause any tmreason~ly loud, disturbing, or mmecessary noise, which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. It shall be unlawful for any person to make or cause any noise of such character, intensity and continued duration as to substantially interfere with thc comfortable enjoyment of private homes by persons of ordinary sensibilities. The following acts, among others, arc declared to be noise nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive: O) (2) The playing of any phonograph, television, radio, or any musical instrument in such manner or with such volume, so as to be clearly audible to a person in their residence, and During the daytime, measure more than 65 dba on the A-weighting scale on an approved sound-level meter at more than 50 feet from the source; or CO) During the nighttime, measure more than 65 dba on the A- weighting scale on an approved sound-level meter at more than 50 feet from the source; or During the daytime, in a multi-family dwelling, measure more than 50 dba on the A-weighting scale on an approved sound-level meter in any adjacent unit; or (d) Uufing the nighttime, in a mul~family dwelling, be clearly audible within any unit that is not the source on the sound. The use of any stationary loudspeaker, amplifier, musical instrument, or sound amplifying equipment in such a manner or with such volume so as to be clearlY audible to a person in their residence, and (a) During the daytime, be of such intensity and volume so as to measure more than 65 dba on the A-scale on a sound-level measuring device at more than 50 feet from the source; or Co) During the nighttime, be of such intensity and volume so as to measure more than 65 dba on the A-scale on a sound-level measuring device at more than 50 feet from the source; or Page 3 of 6 (3) (s) (0 (7) (8) During the daytime, in a multi-family dwelling, measure more than 50 dba on the A-weighting scale on an approved sound-level meter in any adjacent unit; or (d) During thc nighttime, in a multi-family dwelling, be dearly audible within any unit that is not the source of the sound; or (e) At any time on Sunday; Provided, however, that the city council may make exceptions upon application for sound levels or hours of operation when the public interest will be served thereby; The creation of vibration or bass reverberations at any time that is perceptible inside a complaining person's residence, through the sense of touch, or through visual observation of moving objects, or through the sense of hearing. The use of any radio, stereo, amplifier, sound amplifying equipment, or other musical device installed or contained in a motor vehicle at a volume such that it is clearly audible to any person from more than 35 feet from the vehicle. The blowing of any steam whistle attached to any stationary boiler or the blowing of any other loud or far-reaching steam whistle within the city limits, except to give notice of the time to begin or stop work or as a warning of danger; The erection, excavation, demolition, alteration, or repair work on any building at anytime other than between the hours of 6:00 am and 8:30 pm Monday through Friday from June I to September 30; between 7:00 am and 8:30 pm Monday through Friday from October 1 to May 31; between 8:00 am and 8:30 pm on Saturday; and between 1:00 pm and 8:30 pm on Sunday; provided, however, that the city council may issue special permits for such work at other hours in case of urgent necessity and in the interest of public safety and convenience; The creatiOn of any loud and excessive noise in connection with the loading or unloading of any vehicle or the opening or destruction of bales, boxes, crates or containers; The use of any drum, loudspeaker, or Other instrument or device for the purpose of attracting attention by the creation of noises to any performance, show, theatre, motion picture house, sale of mcrchandise, or Page 4 of 6 display which causes crowds or people to block or congregate upon the sidewalks or streets near or adjacent thereto. Outdoor Music Festivals. (a) At any outdoor music festival, it shall be unlawful for any person or group sponsoring the event to make, cause, allow, or permit any noise that: Exceeds 70 dba on an approved sound-level meter when measured at the established perimeter of the event. (2) Provided, the city council may make exceptions upon application for sound levels or hours of operation when the public interest will be served thereby. 6. Criminal Penalty. (a) A person commits an offense if he violates or attempts to violate a pwvision of this chapter applicable to him. A culpable mental state is not required for the commission of an offense under this chapter unless the provision defining the conduct expressly requires a culpable mental slate. A separate offense is committed each day in which an offense occurs. An offense committed under this chapter is punishable by a fine of not more than $500. Prosecution for an offense under Subsection (a) does n°t prevent the use of other enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense. SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 4. Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. 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 Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. Page 5 of 6 ~. TNs ordinance shall be reviewed by the City Council within six montl~ of the date of its passage. This ordinance shall remain in full force and effect unless repealed or mended by ordinance. PASSED AND APPROVED this the J/O"~. day of ~(~'~/~/ ,, 2001. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 6 of 6 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: June 17, 2003 Human Resources Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider and confirm the re-appointment by the City Manager of Vicki Henington to the Civil Service Commission. BACKGROUND When Civil Service Commissioner, Vincent Ramos, resigned his term on the Civil Service Commission effective June 27, 2001, Vicki Henington was appointed to serve the remainder of his term which ends May 30, 2003; therefore in compliance with Chapter 143.006(b) of the Texas Local Government Code, the municipality's chief executive (City Manager) shall appoint a member to serve a three year term. The governing body shall confirm this appointment. RECOMMENDATION The City Manager has elected to re-appoint Vicki Henington, Workforce Training Administrator at North Central Texas College, to the Civil Service Commission. PRIOR ACTION REVIEW No prior action or review. FISCAL INFORMATION This item has no fiscal impact. EXHIBITS Attachment: Bio for Vicki Henington Chapter 143.006 Respectfully submitted: Carla J. Romine Director of Human Resources PUBLIC OFFICERS AND EMPLOYEES § 143.006 (D) fire safety education; (E) fire maintenance; (F) fire communications; (G) fire medical emergency technology; (H) fire photography; (I) fire administration; or (J) fire arson investigation. (5) "Police officer" means a member of a police department or other peace officer who was appoint- ed in substantial compliance with this chapter or who is entitled to civil service status under Section 143.005, 143.084, or 143.103. Acts 1987, 70th Leg., ch. 149, § 1, off. Sept. 1, 1987. Amend- ed by Acts 2001, 77th Leg., ch. 498, § 1, eft. Sept. 1, 2001. § 143.004. Election to Adopt or Repeal Chapter (a) A municipality may hold an election to adopt or repeal this chapter as provided by this section. (b) If the governing body of the municipality re- ceives a petition requesting an election that is signed by a number of qualified voters of the municipality equal to at least 10 percent of the number of voters who voted in the most r~cent municipal election, the governing body shall order an election submitting to the voters the question of whether this chapter should be adopted. The election must be held on the first authorized uniform election date prescribed by Chap- ter 41, Election Code, that occurs after the petition is filed and that allows sufficient time to comply with other requirements of law. (c) The ballot shall be printed to provide for voting for or against the proposition: "Adoption of the fire fighters' and police officers' civil service law." How- ever, this chapter may be adopted to apply only to the fire or police department, and in that case, the ballot shall be printed to reflect the department that would be covered by this chapter. If a majority of the votes received in the election are in favor of adoption of this chapter, the governing body shall implement this chapter. (d) If an election is held under Subsection (b), a petition for a subsequent election to be held under that subsection may not be filed for at least one year after the date the previous election was held. To be valid, a petition for a subsequent election must contain the signatures of a number of qualified voters of the municipality equal to at least 20 percent of the num- ber of voters who voted in the most recent municipal election. Any subsequent election must be held at the next general municipal election that occurs after the petition is filed. (e) If the governing 5ody of a municipality that has operated under this chapter for at least one year receives a petition requesting an election to repeal this chapter that is signed by at least 10 percent of the qualified voters of the municipality, the governing body shall order an election submitting to the voters the question on whether this chapter should be re- pealed. If a majority of the qualified voters vote to repeal this chapter, this chapter is void in that munici- pality. Acts 1987, 70th Leg., ch. 149, § 1, eft. Sept. 1, 1987. § 143.005. Status of Employees if Chapter. Adopted Each fire fighter or police officer serving in a municipality that adopts this chapter and who has been in the service of the municipality for more than six months at the time this chapter is adopted and who is entitled to civil service classification has the status of a civil service employee and is not required to take a competitive examination to remain in the position the person occupies at the time of the adop- tion. Acts 1987, 70th Leg., ch. 149, § 1, eft. Sept. 1, 1987. § 143.006. Implementation: Commission (a) On adoption of this chapter, the Fire Fighters' and Police Officers' Civil Service Commission is estab- lished in the municipality. The chief executive of the municipality shall appoint the members of the commis- sion within 60 days after the date this chapter is adopted. Within 30 days after the date the municipal- ity's first full fiscal year begins after the date of the adoption electien, the governing body of the munici- pality shall implement this chapter. (b)'The commission consists of three members ap- pointed by the municipality's chief executive and con- i~m~ned by the governing body of the municipality. Members serve staggered three-year terms with the term of one member expiring each year. If a vacancy occurs or if an appointee fails to qualify within 10 days after the date of appointment, the chief executive shall appoint a person to serve for the remainder of the unexpired term in the same manner as the original appointment. (c) A person appointed to the commission must: (1) be of good moral character; 241 Vicki R. Henington Vicki Henington began her working career in Human Resources as a Generalist with Moore Business Forms in 1972. After owning her own business for five years, she returned to school to complete her bachelor's degree in Business with an emphasis in Human Resources from Texas Woman's University. Her experience as Director of Human Resources for a major corporate law firm in Dallas has provided her with extensive experience in the human resources field. Currently Vicki works at North Central Texas College, Corinth Campus, as the Workforce Training Administrator developing customized training workshops, courses, and seminars for businesses in three coumies including DeNon, Momague, and Cooke. Vicki serves her community with her in involvemem in her church, the North Cemral Texas Human Resource Association, and Civitan. She is a graduate of the Leadership DeNon Class of 2001/2002. AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET June 17, 2003 Materials Management Kathy DuBose, Fiscal and Municipal Services Questions concerning this acquisition may be directed to Sharon Mays 349-8487 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual comract for the purchase of 3 Phase Single and Double Tap Primary Fused Enclosures; providing for the expenditure of funds therefore; and providing an effective date (Bid 2989-Annual Price Agreement for 3 Phase Primary Fused Enclosures awarded to Wesco Distribution in the estimated amoum of $105,543). BID INFORMATION This bid is for the annual contract to supply Primary Fused Enclosures that are used to distribute electrical service to areas that are served from the underground electrical system. These items are utilized by DeNon Municipal Electric and are carried in the Warehouse working capital inventory for easy access. RECOMMENDATION We recommend that this bid be awarded to Wesco Distribution in the estimated amount of $105,543. PRINCIPAL PLACE OF BUSINESS Wesco Distribution Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT This price agreemem will be in effect for a period of one year from the date of award and may be extended for additional one-year periods if agreed to by both parties with all pricing, terms and conditions remaining the same. FISCAL INFORMATION The items in this bid will be funded out of the Warehouse working capital accoum and charged back to the using department. Agenda Information Sheet June 17, 2003 Page 2 Attachment 1: Tabulation sheet 1-AIS-2989 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 0 0 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF 3 PHASE SINGLE AND DOUBLE TAP PRIMARY FUSED ENCLOSURES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2989-ANNUAL PRICE AGREEMENT FOR 3 PHASE PRIMARY FUSED ENCLOSURES AWARDED TO WESCO DISTRIBUTION IN THE ESTIMATED AMOUNT OF $105,543). 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 2989 1, 2 Wesco Distribution 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 ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-BID 2989 0 0 co. Eo AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET June 17, 2003 Materials Management Kathy DuBose, Fiscal and Municipal Services Questions concerning this acquisition may be directed to Sharon Mays 349-8487 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual comract for the purchase of Pre-Cast Concrete Octagonal Manholes; providing for the expenditure of funds therefore; and providing an effective date (Bid 3025-Annual Price Agreemem for Pre-Cast Concrete Octagonal Manholes awarded to New Basis in the estimated amoum of $54,000). BID INFORMATION This bid is for the annual contract to supply Pre-Cast Octagonal Manholes, which provide a subsurface space in which to pull, route, splice, connect and terminate primary underground electrical cables. These items are utilized by Demon Municipal Electric and are carried in the Warehouse working capital inventory for easy access. RECOMMENDATION We recommend that this bid be awarded to New Basis in the estimated amount of $54,000. PRINCIPAL PLACE OF BUSINESS New Basis Arlington, TX ESTIMATED SCHEDULE OF PROJECT This price agreement will be in effect for a period of one year from the date of award and may be extended for additional one-year periods if agreed to by both parties with all pricing, terms and conditions remaining the same. FISCAL INFORMATION The items in this bid will be funded out of the Warehouse working capital account and charged back to the using department. Agenda Information Sheet June 17, 2003 Page 2 Attachment 1: Tabulation sheet 1-AIS-3025 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Z 0 I-- 0 1.1_ ILl ILl ILl ILl ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF PRE-CAST CONCRETE OCTAGONAL MANHOLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3025-ANNUAL PRICE AGREEMENT FOR PRE-CAST CONCRETE OCTAGONAL MANHOLES AWARDED TO NEW BASIS IN THE ESTIMATED AMOUNT OF $54,000). 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 3025 1,2,3 New Basis 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 ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-BID 3025 Z 0 I-- 0 1.1_ ILl ILl ILl ILl AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET June 17, 2003 Materials Management Kathy DuBose, Fiscal and Municipal Services Questions concerning this acquisition may be directed to Jim Coulter 349-1794 SUBJECT Consider adoption of an Ordinance authorizing the City Manager or his designee to execute Change Order 2 to the contract between the City of Denton and Archer Western Contractors, Ltd.; providing for the expenditure of funds therefore; and providing an effective date (Bid 2734- Pecan Creek Water Reclamation Plant Expansion Change Order 2 awarded to Archer Western Contractors, Ltd. in the amount of $87,375.25). CHANGE ORDER INFORMATION Council approved the contract for the construction of the Pecan Creek Water Reclamation Plant (PCWRP) Expansion on November 27, 2001 in the amount of $16,930,000. Change Order 1 was approved on May 14, 2002 in the amount of $71,852.03. Change Order 2 is for modifications to site conditions and for process improvements to the PCWRP Expansion. Change Order 2 includes: · Addition of instrumentation and electrical work-$19,853.97 · By-pass pumping of raw wastewater to accommodate the removal and installation of the sluice gates at Raw Sewage Pump Station 2-$36,884.16 · Addition of a flow meter in the Digester Building-S5,004.22 · Relocation of an isolation valve on the heat exchange feed pumps-S3,277.50 · Replacement of four of the water cannon isolation valves-S2,028.65 · Removal of the existing metering manhole on the 42" raw sewage line on the North Plant-S9,561.00 · The addition of accessories on the existing sludge depth transmitters-$1,598.27 · Modifications to the scum piping routing at Primary Clarifier No. 2-$1,853.70 · Modifications to the barscreen slab-S7,313.78 The total cost for Change Order 2 is $87,375.25. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board considered and recommended approval of this change order on May 19, 2003. Agenda Information Sheet June 17, 2003 Page 2 RECOMMENDATION We recommend award of Change Order 2 to Archer Western Contractors, Ltd. In the amount of $87,375.25 and that the total contract be revised to $17,089,227.28. PRINCIPAL PLACE OF BUSINESS Archer Western Contractors, Ltd. Arlington, TX ESTIMATED SCHEDULE OF PROJECT This change order will not affect the scheduled completion date of December 2003. FISCAL INFORMATION Funding for this item will come from account 64001300.1365.40106. Attachment 1: Change Order 2 1-AlS-Bid 2734 Change Order 2 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent DISTRIBUTED TO:' OWNER CHA/qGE ORDER/CONTRACT REVISION CITY OF DENTON, TEXAS - OWNER CONTR3%CTOR oloo THIS CHANGE ORDER/REVISION MAKES THE FOLLOWING CHANGES IN THIS CONTRACT: (written description or attach back dp) TME ORIGINAL (CONTRACT SUM) ................................. ~ .................................................. $ NET CHANGE BY PREVIOUSLY AUTHORIZED CHANGE ORDERS .................. $ THE (CONTRACT SUM) PRIOR TO THIS CHANGE ORDER ............................. $ THE (CONTRACT SUM) WILL BE (INCREASED) BY THIS CHANGE ORDER ................................................................................................................................................... $' THE NEW (CONTRACT SUM) INCLUDING THIS CHANGE ORDER WILL THE CONTRACT TIME WILL BE (INCREASED) BY ...................... ~ ................. $ THE DATE OF SUBSTANTIAL COMPLETION AS OF THE DATE OF THIS CHANGE ORDER THERFORE IS .................................. [[Lz..~ .................... $ CONTRACTOR (as above) City of Denton OWNER AD D RE S S PRINT NAME DATE 90!-B Texas Str. ADDRESS Denton, TX 76209 PRINT NAME AND TITLE DATE S:/purfolanks/chang¢ order revision for~.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE CHANGE ORDER 2 TO THE CONTRACT BETWEEN THE CITY OF DENTON AND ARCHER WESTERN CONTRACTORS, LTD.; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2734-PECAN CREEK WATER RECLAMATION PLANT EXPANSION CHANGE ORDER 2 AWARDED TO ARCHER WESTERN CONTRACTORS, LTD. IN THE AMOUNT OF $87,375.25). WHEREAS, on November 27, 2001 by Ordinance No. 2001-439, the City awarded a public works contract to Archer Western Contractors, Ltd., in the amount of $16,930,000 for the Pecan Creek Water Reclamation Plant Expansion Project and on May 14, 2002 by Ordinance 2002-126, the City awarded Change Order 1 in the amount of $71,852.03; WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to the scope of work and an increase in the payment amount, and said change order fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Change Order 2, increasing the amount of the contract between the City and Archer Western Contractors, Ltd., which is on file in the office of the Purchasing Agent, in the amount of Eighty Seven Thousand Three Hundred Seventy Five and 25/100 ($87,375.25) Dollars, is hereby approved and the expenditure of funds therefore is hereby authorized in accordance with said change order. The total purchase order amount increases to $17,089,227.28. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2003 ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L.~.,~ROUTY, C~TF~ ATTORNEY BY: 3-ORD-Bid 2734 Chan~Order AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: June 17, 2003 Materials Management Questions concerning this acquisition may be directed to Sharon Mays 349-8487 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an Ordinance providing for the expenditure of funds for the emergency purchase of contract work and equipment to repair storm damage to DME equipment located on Bonnie Brae Street in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding; and providing an effective date (File 3041-Emergency Purchase For Repair of DME Facilities awarded to South-Win Construction, Inc. in the amount of $87,357.31). FILE INFORMATION On May 6, 2003, a severe thunderstorm with high winds estimated around 80 miles per hour blew down and fractured twenty-six 69kV transmission poles. The poles carried two main distribution feeder circuits along the east side of Bonnie Brae Street from US 380 to the North Lake Substation at Riney Road. The winds also blew down nine distribution poles along Interstate 35N. Emergency contract utility crews from South-Win Construction, Inc. worked along with Denton Municipal Electric's crew to clear the debris and rebuild the damaged electrical facilities. All customers affected by the storm damage had their power restored by 8:30 a.m. on Wednesday, May 7, 2003 with the exception of six customers that DME provided portable generators until their power was restored on May 8, 2003. RECOMMENDATION We recommend approval of this item in the amount of $87,357.31. PRINCIPAL PLACE OF BUSINESS South-Win Construction, Inc. Nevada, TX ESTIMATED SCHEDULE OF PROJECT The emergency repairs have been completed. Agenda Information Sheet June 17, 2003 Page 2 FISCAL INFORMATION This item will be funded from accounts 60054700.1360.3550 and 60054800.1360.3640. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1-AlS-File 3041 1: Memorandum from DME 2: Invoice from South-Win Construction, Inc. E L Attachment 1 90_1~~I Texas Street Denton, Texas 7'6209 To; From: Date: Subject: Sharon Mays Brent Heath May 29, 2003 Bonnie Brae Storm Damage the evening of May 6, 2003 A severe thunderstorm rolled through the City of Denton during the evening of Tuesday, May 6, 2003. At 9:32pm a microburst with high winds estimated around 80 miles per hour blew down and t~actured 26 - 69kV Transmission poles that also carried two main distribution feeders circuits along the East side of Bonnie Brae from US 380 to North Lakes Substation located at Riney Road. The winds also blew down 9 - Distribution poles along the East side &Bonnie Brae from the North Lakes Substation up to US 77 that carried two main distribution feeder circuits. Eight additional distribution poles along Interstate-35 were blown down. Finally, several other poles were replaced and straightened along the West side of Bonnie Brae. Emergency contract utility crews worked along side DME's crews to clear the debris and rebuild the damaged electrical facilities. The City of Denton warehouse and other local utility material suppliers all pitched in to help locate and supply the large mount of materials necessary to rapidly reconstruct the damaged facilities for proper power distribution. All customers affected by the storm damage had their power restored by 8:30am the morning of Wednesday, May 7~ 2003 with the exception of 6 customers that DME provided portable generators until their power was restored on Thursday, May 8~ at 5:30pm. The Transmission line was reenergized late afternoon on May 9t~, 2003. It was late into the next week before alt the debris was finally able to be removed and the area cleaned up from the storm damage. The streetlights along Bonnie Brae are scheduled for repair within the next two weeks. AttaChment 2 South-W'm Construction, tnc, 649 S. FarmRoad 1138 Nevada, TX 757t'5 /7 Bill To ~emon Mutficipat Ete~tric 01-A Texas Street ~enton, Tex~ 76209 ay Wells invoice Date .Invoice# 5/I 0/2003 304 33 ~ lineman i t 1 o~erator :22 P,O~ ,No. ' ~erms : project' 10 Tmi~e~S 11 Bucket Tmek I0' Digg~- TrucIdBoom Truck I 1' Winch Truck 70'.Bucket Truck 20 't'Cellph°n¢ / Radio 7 SUpeffV[sor 2 F°reman 7 4 14 2 7 2 7 16 9 t8 9 9 3 14 14 ! Fol'elll~n lineman lineman Operato~ Operator Cn'oundman Gmundmma Pidmp Trailers Bucket Truck Digger Track/Boom Track Winch Track Crane 70' Bucket Truck Cellphone / Radio tMotels Meals " ....... l' Total .36i30 36;3~0 gT.~O 75.69 50.47 73,92 49~2g 59.07 39.38 44~70 29.81 12.10 7,70 36.30 36.30 27.50 65.00 55.00 2.20 869.95 533.82 1:33.i0/ 7g200 Z 365,00 d 302;50. ~ t" 55O;0O 4 3~.69/ 1:51.38 ~ 353.29 ~ 295.68 689:~2 / 118.14/ 275.66~ 89.~ / 208.67 ~ 6~.30 ~ 653,40~ 247.50 ~ 195,007 770,00 / 3O.80 ,/ 869.95/ 533.82 / $87,357.31 South-Win Construction~ Inc: 649 S. Farm Road 1138 Nevada, TX 75713 I'nVoice Date Invoice 3O4 Bill To Denton Municipal Electric 90 I-A Texas Street Denton, Texas 76209 Ray Wells ttity D.esc~p~n !~10; 2003 Crew returning t0Bryan Texas .Utiliti~s 6 Fore~ 12 limmm 18 O~mor 12 Pic~p 6 Trail~ 12 .Bucket 6 Di~.Tm~m..Tmck 6~ Cellph~o/'~dio .May t I Su~mi~ 33 l~man 11 ~or 22 22 Pimp t0 Tr~lers 20 Buret 10 Di~ Tru~m Track 10 70' B~ 20 ~llpMnc/'~dio 1 i Su~[mr 11 33 lin~m [! O~at~ 22 ~oundm~ 22 Pickup 10 Tra[le~ 20 Bu&et T~k 10 70' Bue~ Track 20 ~ltph~e P.O. No~ Terms Total Rate 75.69 73.92 59.07 12.1i0 0;00. 362:0 2 52.67 50.'47 49.28 39.38 29.81 12.10 0.00 36.30 36.30 55.00 2.20 52.67 50.47 49,28 39.38 29.81 t2,10 7.70 36.30 36.30 55.00 2.20 Amount ¢54. t4. 887.04 i,06326 I4&20 435 o 217.~ '13;20 579.37 555;17 1,626.24 433.18 ~ 655.82~ 266.20 0.~ 726.~ 363.~ 550:~ 579.37 555.17 1,626,24 433.18 655.82 726. O0 363.00 550.00 South-Win Consmmtion, Inc. 649 S. Farm Road 1138 Nevada, TX 75713 Invoice 511012003 { 304 Bil} To 'auton Municipal Electric :I~A Texas Street mton, T~a5 76209 ty Wells : ::::.26,5 .13 88.5 !2 24:5 12 12.5 12 12 4 60 10 29 60 4,5 63.5 13 10.5 10.5 58 12 58 6.5 22.5 10.5 7.5 10 4 48.5 Fuel Truck Crane 70' Bucket Truck %600 Digger C~llphonc / .Radio May 9, 2003 Supervisor lineman lineman Operator Oroundmau Groundman Mechanic Diukup Trailera Bucket Truck Di~er TmzkYBoom Track Standby Digger Tm¢ldBoom Truck Fuel Truck Crarle 70' Buckel Truck T-600 Digger Cellphone / Radio 0.00 36.30· 28.00 36.30 27.50 27.50 65.00 55.00 58,50 2.20 78.99 75.69 73.92 49.28 59.07 44.70 29.81 67.50 12.10 0.00 36.30 28.00 36.30 27.$0 65.00 55,00 58.50 2.20 0.00 2,6~.90 ~ · ' 336.00. 889.35 330.~ 3~3.75 780.00 234.~, 132.~, 789.90, 2,195.01 4,435.20 221.76 3,750.95 581.I0 313.01 708,75 701.80 0.00 2,105.40 182.0t) 816.75 288.75 487.50 550,00 234.0C 106.7£ Total Somh-Win Construction, Inc. 649 S. Farm Road 1138 Nevada, TX 75713 [ -Date 5/1012003 Invoice ' In~:e # 304 Bill To Denton Municipal Electric 901-A Texas Street Denton, Texas 76209 Ray Wells mt!ty May' 7, 2003 13 S~l~'rvisor 131 General Foreman 39 Foreman 91 lineman 77 ::Operator Mechanic 12 Medmnie 91 Pickup 12 Trailers 72 Buck~ Trtmk 10 Digger TrueP./~oom Truvk Standby 26 Digger Truck/Boom Truck ]2 Winch Track 12 Fuel Track 12 Crane 5 70' Budcet Truck 4 T-600 Digger 60 Ce!Iphone f Radio May a, 2003 3 Supervisor 10 Supervisor 6 General Foreman 7 G~eral Foreman 18.5 Foreman 19 Foreman 37.5 Iineman 50.5 lineman 45.5 Operator 29 O0erator 52:67 52.67 50.47 49,28 59;0~ 39.38 29.81 6z5Q ¢5:00 t:2:.:10 0:00 36L30 '2gLO0 3E30 ~.50 2%50 65.00 55.00 58.50 22O 78.99 52.67 78.99 52:67 75.69 50.47 73.92 49.28 59.07 39.38 4~4~.48 ' 59.074( 3,032;26i,~.f, 6750 34o.oo 2.613.60 943,80 330.00 330.00 780.00 275.00 234.00 13ZOO 236.97 526:70 473.94 368.69 1,400.27 958.93 2~772.00 2,488.6¢ 2,687.69 l,t42;02 0~d2770~ O~:~m P. 00B South-Win, inc. 649 South FM 1138 Nevada, Texas· 75I 73 972-843-6329 · =: ' ORM BREAK DENTON ST .' DATE. MEALS MOTELS " $ 85.86 ' · $ 85;86: ............ . $ 85:86 $ 85.86 $ 85;86 $ 85.86' $ 226~00' TOTAL $ 8Sg;~`i _TOTAL EXTENDED $ 533~82 ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE EMERGENCY PURCHASE OF CONTRACT WORK AND EQUIPMENT TO REPAIR STORM DAMAGE TO DME EQUIPMENT LOCATED ON BONNIE BRAE STREET IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 3041-EMERGENCY PURCHASE FOR REPAIR OF DME FACILITIES AWARDED TO SOUTH-WIN CONSTRUCTION, INC. IN THE AMOUNT OF $87,357.31). WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount exceeding $25,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment or where the procurement is necessary to preserve or protect the public health or safety of the city's residents under Section 252 of the Local Government Code; and, WHEREAS, the City Manager has recommended to the City Council that it is necessary to purchase goods or services due to the following emergency conditions outlined in the memorandum attached hereto, incorporated herein by reference; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby determines that there is a public calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or to provide for unforeseen damage to public property, machinery or equipment, or to preserve or protect the public health or safety of the city's residents and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "File Number" referenced herein and on file the office of the Purchasing Agent, are hereby approved: FILE N UMBER VENDOR AMOUNT 3041 South-Win Construction, Inc. $87,357.31 SECTION 2. Because of such emergency, the City Manager or designated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-File 3041 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET June 17, 2003 Materials Management Kathy DuBose, Fiscal and Municipal Services Questions concerning this acquisition may be directed to Charles Fiedler 349-8948 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for the construction of Malone Street improvements; providing for the expenditure of funds therefore; and providing an effective date (Bid 2925-Urban Street Program-Malone Street CS J0918-46-106 awarded to Jagoe-Public Company in the amount of $445,152.90). BID INFORMATION This bid is for the construction of miscellaneous work consisting of concrete slab repair and joint seal and curb repair for Malone Street. The project location will be the entire length of Malone Street between Hwy 380 West (University Drive) and Scripture Street. This is a joint project between the City of Denton and the State of Texas Department of Transportation. RECOMMENDATION We recommend award of this bid to the lowest responsible bidder, Jagoe-Public Company, in the amount of $445,152.90. PRINCIPAL PLACE OF BUSINESS Jagoe-Public Company Denton, TX STAFF COST ESTIMATE The engineer's estimate for this project was $480,000. ESTIMATED SCHEDULE OF PROJECT This project is scheduled to begin mid July 2003 with an estimated completion date of mid August 2003. FISCAL INFORMATION This project will be funded from account 35002700.1365.40100. Agenda Information Sheet June 17, 2003 Page 2 Attachment 1: Bid Tabulation 1-AlS-Bid 2925 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 0 ~ ~ z U u~ ~ ~ o U o  0~ :::::::::::::::::::::::::::::: ~ :::::::::::::::::::::::::::::: "~ ~ LU ~ ,~- :::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::  o ~ 0 0 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF MALONE STREET IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2925-URBAN STREET PROGRAM-MALONE STREET CS J0918-46- 106 AWARDED TO JAGOE-PUBLIC COMPANY IN THE AMOUNT OF $445,152.90). 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. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 2925 Jagoe-Public Company $445,152.90 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 .,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-Bid 2925 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: June 17, 2003 Materials Management Questions concerning this acquisition may be directed to Ed Hodney 349-8271 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for the construction of the parking lot improvements for Mack Park, Denia Recreation Center and Senior Center; providing for the expenditure of funds therefore; and providing an effective date (Bid 3015-Mack Park, Denia Recreation Center, Senior Center, Parking Lot Improvement Project awarded to Calvert Paving Corporation in the base bid amount of $259,652.44 plus Alternates 1-7 in the amount of $29,940.50 for a total amount of $289,592.94). BID INFORMATION This bid consists of the removal and installation of parking lots and/or accessible parking space improvements at Mack Park baseball field complex, Denia Recreation Center and the Denton Senior Center. The project includes concrete and asphalt paving, six and eight feet wide sidewalks, earthwork and drainage components, turf sodding, ADA spaces and ramps and other associated activities. The alternates include cleaning and sealing existing lots, installation of concrete dumpster pads and increasing the number of spaces at Mack Park. RECOMMENDATION We recommend award of Bid 3015 to Calvert Paving Corporation in the base bid amount of $259,652.44 plus Alternates 1-7 in the amount of $29,940.50 for a total amount of $289,592.94. PRINCIPAL PLACE OF BUSINESS Calvert Paving Corporation Denton, TX STAFF ESTIMATE The engineer's estimate on this project was $315,000. ESTIMATED SCHEDULE OF PROJECT The project is estimated to begin at Mack Park in July 2003 with completion in October 2003. Improvements at Denia Recreation Center and the Senior Center will be started in September 2003 and completed in November 2003. Agenda Information Sheet June 17, 2003 Page 2 FISCAL INFORMATION This bid will be funded from account 40004201.1360.40100. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AlS-Bid 3015 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE PARKING LOT IMPROVEMENTS FOR MACK PARK, DENiA RECREATION CENTER AND SENIOR CENTER; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (BID 3015-MACK PARK, DENIA RECREATION CENTER, SENIOR CENTER, PARKING LOT IMPROVEMENT PROJECT AWARDED TO CALVERT PAVING CORPORATION IN THE BASE BID AMOUNT OF $259,652.44 PLUS ALTERNATES 1-7 IN THE AMOUNT OF $29,940.50 FOR A TOTAL AMOUNT OF $289,592.94). 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. That the following competitive bids for the construction of public works or improvements, as described in the "Bid invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BiD NUMBER CONTRACTOR AMOUNT 3015 Calvert Paving Corporation $289,592.94 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 .,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-Bid 3015 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: June 17, 2003 Management and Budget Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the unreserved Fund Balance of the General Fund with Certificates of Obligation so that a project for the construction of Spencer Road and the Loop 288 Bypass may be commenced; declaring an emergency and amending the 2002-2003 Capital Improvemem Budget to allow the funding for said project; and providing an effective date. BACKGROUND This reimbursemem ordinance in the amount of $1.1 million is requested to reimburse expenditures from the unreserved fund balance of the General Fund in order to complete a project for the construction of Spencer Road and Loop 288 Bypass. Land costs for the project came in significamly higher than could have been reasonably amicipated, due to the increased property values in the area as a result of on-going developmem. In addition, relocation of a water re-use line ("gray water") serving the Spencer electric facility added costs unamicipated at the time the project was initially programmed. Completion of this transportation project is imegral to the successful completion of the DeNon Crossing Shopping area. This project is critical because the already high level of traffic in the area will be exponemially increased with the opening of this high profile shopping area. The current two-lane road is not adequate to support the increased traffic. If this project is not completed as scheduled, it will have a critical impact on the roadway system of the area and on the health and public safety of the community. RECOMMENDATION Staff recommends approval of this reimbursemem ordinance. ESTIMATED SCHEDULE OF PROJECT The expansion of Spencer Road, from a two-lane road with open channel drainage to a curb-and- guttered four-lane collector with closed pipe drainage from Loop 288 to Brinker Road, is scheduled to be completed by the end of September 2003. The remaining segmem will be completed by the end of Spring 2004. Agenda Information Sheet June 17, 2003 Page 2 PRIOR ACTION/REVIEW .(Council, Boards, Commissions) Council approved City of Demon's partnership with Demon Crossing Partners on this project in the Fall of 2001. FISCAL INFORMATION This ordinance will allow $1.1 million for completion of the project from the unreserved Fund Balance of the General Fund to be reimbursed with Certificates of Obligation. Funds will be expended from Capital Projects Fund accoum number 35005800. EXHIBITS Ordinance Respectfully submitted: Anna Mosqueda, Director Management and Budget ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION SO THAT A PROJECT FOR THE CONSTRUCTION OF SPENCER ROAD AND TIlE LOOP 288 BYPASS MAY BE COMMENCED; DECLARING AN EMERGENCY AND AMENDING THE 2002-2003 CAPITAL IMPROVEMENT BUDGET TO ALLOW THE FUNDING FOR SAID PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "Issuer") is a municipal corporation/political subdivision of the State of Texas; and WHEREAS, the Issuer expects to pay expenditures for projects in conjunction with Spencer Road and Loop 288 Bypass Project (the "Project") which is described in Attachment "A" attached hereto and made a part hereof by reference; 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, the expenditures for the Project will be disbursed in the interim from the general unreserved fund balance, which is not appropriated at present in the 2002-2003 capital improvement budget for such use; and WHEREAS, after the budget was adopted, the City Manager determined that the estimates and amounts budgeted for the cost of the Project were insufficient due to the fact that land acquisition costs for the Project came in significantly higher due to unexpected increases in property values in the area as a result of on-going development. Therefore, even by diligent thought and attention, this could not have been reasonably expected to be included in the budget. Completion of this Project is integral to adequate coordination of expected high volumes of traffic resulting from the opening of the Denton Crossing Shopping Center. Current street conditions are not adequate to handle the expected increase in traffic volume. Time is of the essence since inaction could adversely impact public health and safety, the City's thoroughfare system, and economic viability of the City's tax base, and which creates an emergency and a grave public necessity that the budget be amended to fund these transportation roadway construction projects; and WHEREAS, Section 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 of the members of the City Council as an amendment to the original capital improvement budget; and WI-I~AS, the City Council finds that a grave public necessity exists which requires emergency expenditures for these master plan projects and the amendment of the 2002-2003 City of Denton Capital Improvement budget; NOW, THEREFORE, THE COUNC1L OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the above preambles to this ordinance are true and correct and are hereby adopted. SECTION 2. The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $1,100,000.00 for the purpose of paying the costs of the Project, as set forth in the attached Attachment "A. SECTION 3. All costs to be reimbursed pursuant hereto will be for the purchase of fleet vehicles and equipment, payment of contractual obligations for professional services, and/or construction of public works as authorized by Section 271.045(a)(1) of the Texas Local Government Code. 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 Fund Balance of the General Fund for the Project set forth in Attachment "A" to pay any costs of the Project shall be reimbursed from Certificate of Obligation bond proceeds within the 2002-2003 fiscal year. SECTION 4. 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 5. The 2002-2003 capital improvement budget of Issuer is amended up to the amounts listed in Attachment "A", to provide for adjustments to the capital improvement budget. Accordingly, the 2002-2003 capital improvement budget is hereby amended by transferring the sum of $1,100,000 from the unreserved fund balance to the capital improvement fund, fund number 35005800. ImmediateIy upon the sale and receipt of the proceeds from the certificate of obligations the sum of $1,100,000.00 or the actual amount transferred to the capital improvement fund shall be transferred to the unreserved fund balance. If for any reason these adjustments to the capital improvement fund do not fully cover the expenditures anticipated in Attachment "A", the City Manager is authorized to provide such funds from the unreserved fund balance. SECTION 6. The City Secretary is directed to attach a copy of this ordinance to the original capital improvement budget and cause this amendment to be published once in the Denton Record-Chronicle. Page 2 SECTION 7. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~ P~e3 ATTACHMENT A CIP PROJECT: 2002-2003 Spencer Road and Loop 288 Bypass $1,100,000 Page 4 Page 5 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: June 17, 2003 Materials Management Questions concerning this acquisition may be directed to Charles Fiedler 349-8948 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for the construction of Spencer Road paving, drainage and water improvements; providing for the expenditure of funds therefore; and providing an effective date (Bid 3028- Spencer Road Paving, Drainage & Water Improvements awarded to Jagoe-Public Company in the amount of $2,794,719.25). BID INFORMATION This bid is for the construction of paving, drainage and water improvements on Spencer Road from Woodrow Lane to Loop 288. The paving includes extensive excavation, 34,330 square yards of 8" reinforced concrete pavement, 12,855 linear feet of curb/gutter, 96,338 square feet of 8' wide sidewalk, ADA ramps, traffic signals, and associated activities. Drainage improvements include concrete box culverts (10' X 7' and 8' X 8'), 3953 linear feet of concrete storm sewer pipe ranging in size from 18" to 54", junction boxes and associated activities. Utility improvements include 664 feet of 6" and 8" to water lines, fittings, valves and associated activities. Miscellaneous improvements include 22,388 square yards of grass sod, fencing, barricades and erosion control. RECOMMENDATION The base bid for this Commercial Mixed Use Collector street provided concrete for the roadway and included an asphalt alternative roadway cross section identified in the Transportation Criteria Manual for comparison purposes. The cost differential was evaluated relative to longevity of installation, local repair and replacement history, and ease of maintenance. In addition, several technical criteria were considered, including the durability of flexible pavements versus rigid pavements in plastic soils (clay) and the adjoining development. Finally, consideration was given to existing and planned road construction materials for connection to this new roadway. Agenda Information Sheet June 17, 2003 Page 2 RECOMMENDATION (CONTINUED) As a result of this evaluation, staff concluded that the use of concrete represemed a justifiable expenditure considering the City of DeMon's experience with similar streets in town (Carroll Blvd. and Bell Avenue, south of McKinney Street). In addition, acknowledgemem was given to the large volume of delivery truck traffic that will be exiting to Spencer Road from the Denton Crossing development and the associated turning movements within the street that will be undertaken by these large vehicles. It was concluded that concrete would better handle these vehicles, especially during the summer months. Finally, all of the roadway connections (Brinker Road and Loop 288) in the vicinity of DeNon Crossing have been constructed or are proposed to be constructed of concrete. Therefore, building Spencer Road with concrete would result in uniformity of appearance. In light of this evaluation, staff recommends award of Bid 3028 to Jagoe-Public Company in the amoum of $2,794,719.25. PRINCIPAL PLACE OF BUSINESS Jagoe-Public Company Denton, TX STAFF COST ESTIMATE The Engineer's estimate for this project was 3,100,000. ESTIMATED SCHEDULE OF PROJECT This project is estimated to begin on June 15, 2003 with a completion date of March 1, 2004. FISCAL INFORMATION This project will be funded from accoum 35005800.1360.40100 and the DeNon Crossing 380 Funding Agreement. Agenda Information Sheet Page 3 June 17, 2003 Attachment 1: Tabulation Sheet 1-AlS-Bid 3028 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent ORDINANCE NO. CONSIDER ADOPTION OF AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF SPENCER ROAD PAVING, DRAINAGE AND WATER IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3028-SPENCER ROAD PAVING, DRAINAGE & WATER IMPROVEMENTS AWARDED TO JAGOE-PUBLIC COMPANY IN THE AMOUNT OF $2,794,719.25). 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. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3028 Jagoe-Public Company $2,794,719.25 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 .,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-Bid 3028 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: June 17, 2003 Materials Management Questions concerning this acquisition may be directed to Eva Poole 349-7735 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for the construction of a Xeriscape/Landscape Detention Pond for the North Branch Library; providing for the expenditure of funds therefore; and providing an effective date (Bid 3029-Construction of Xeriscape/Landscape Detention Pond North Branch Library awarded to Harrison Quality Construction in the amount of $34,527.74). BID INFORMATION This bid is to do dirt work to landscape the low-lying area to the south of the North Branch Library. Upon completion, patrons who use the Library's drive thru on the south side of the building will have a view of the landscaped area instead of the existing drainage ditch/detention pond. This landscaping project is intended to modify the existing drainage/detention pond area by providing for a walking path, erosion control, and water channel renovation. The project includes finish grading, backfilling, preparation for planting, stone seating, installation of walking path materials and a water channel made of Colorado River rock. RECOMMENDATION We recommend award of Bid 3029 to the lowest responsible bidder, Harris Quality Construction, in the amount of $34,527.74. Seneca Contracting, the apparent low bidder, withdrew their bid due to a mathematical error. PRINCIPAL PLACE OF BUSINESS Harrison Quality Construction Carrollton, TX STAFF COST ESTIMATE Staff estimated the cost of this project to be $40,000. Agenda Information Sheet June 17, 2003 Page 2 ESTIMATED SCHEDULE OF PROJECT The project is estimated to begin immediately after Council approval with a completion date of July 8, 2003. FISCAL INFORMATION This bid will be funded from account 10005704.1365.40100. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AlS-Bid 3015 ..~ Z ~n 0 Z Z 0 Z 0 Z Z X 0 Z m 0 o ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A XERISCAPE/LANDSCAPE DETENTION POND FOR THE NORTH BRANCH LIBRARY; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (BID 3029-CONSTRUCTION OF XERiSCAPE/LANDSCAPE DETENTION POND NORTH BRANCH LIBRARY AWARDED TO HARRISON QUALITY CONSTRUCTION iN THE AMOUNT OF $34,527.74). 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. That the following competitive bids for the construction of public works or improvements, as described in the "Bid invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3029 Harrison Quality Construction $34,527.74 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 .,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-Bid 3029 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: June 17, 2003 Materials Management Questions concerning this acquisition may be directed to Sharon Mays 349-8487 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an Ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of a bucket truck with aerial device as awarded by the State of Texas Building and Procurement Commission contract TXMAC-3-23010; providing for the expenditure of funds therefore; and providing an effective date (File 3042-Bucket Truck With Aerial Device awarded to Altec industries, inc. in the amount of $119,418). BID INFORMATION In September 2002, the Texas Building and Procurement Commission awarded a contract for the purchase of Vehicle-Mounted Personnel Lifts, Digger Derricks and Cable Placers (Bucket Trucks) to Altec Industries, Inc., contract TXMAS-3-23010. This transaction is for the acquisition of a budgeted motor pool replacement for a 1992 model bucket truck. The old truck is no longer economical for repair and meets or exceeds the criteria for replacement of a motor pool vehicle. The replacement vehicle, an Altec Model TA-40, has a two-person bucket, a working height of 51 feet, a full service body and is mounted on a 2004 Freightliner cab and chassis. The unit is powered by a 230 hp diesel engine that complies with EPA and TNRCC regulations for vehicles of this size. RECOMMENDATION We recommend award of this item to Altec Industries, Inc. in the amount of $119,418. PRINCIPAL PLACE OF BUSINESS Altec Industries, Inc. Waxahachie, TX Altec Industries, Inc. St. Joseph, MO ESTIMATED SCHEDULE OF PROJECT Delivery can be made 180-210 days after receipt of an order. Agenda Information Sheet June 17, 2003 Page 2 FISCAL INFORMATION This item will be funded from motor pool replacement account 800001.8535. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Price structure from TXMAS contract for Altec Industries, Inc. Attachment 2: TXMAS Award Letter 1-AlS-File 3042 Attachment 1 TXMAS CONTRACT 3-23010 QUOTE #11852 Aerial Device, Hydraulic Accessories, Body Accessories Final Assembly $72,447 Chassis and Accessories $46,971 Total $119,418 Executive Director Rar~al! H. Riley September 12, 2002 Attachment 2 Texas Building and Procurement Commission Notice of Award CHAIR.MAcS Tom Beard COMMISSIONT_.I~ Stuart $. Coleman Noe Femanclez Bob ]one'= Mary Ap..u Newman Ricbar~ (Rick) Salwen 16303629261 Mr. Stan Schroeder Altec Industries, Inc. 2106 S. Riverside Rd. St. Joseph, MO 64507 RE: Contract No. TXMAS-3-23010 Contract Pe/'iod: 09/12/02 through 07/3t/07 Dear Mr. Schroeder: Your company has been awarded a contract under the Texas Multiple Award Schedule (TXMAS) program. The period of the contract is shown above and will coincide with the contract period of your contract, GS-30F-1028G, with the General Service.~ Administration (GSA). As stated in your contract with the State of Texas, Terms and Conditions, you are responsible for notifying the Texas Building and Procurement Commission (TBPC) within thirty (30) calendar days of any change in the status of your contract with GSA or amendments to the Federal Schedule Contract. All terms and conditions set forth in the document that you siomaed as a part of your offer to the State are made a part of this TXMAS contract. Please note that any payment due under this contract will be applied towards any debt, including but not limited to deliriquent taxes and child support that is owed to the State of Texas. Additionally, the dispute resolution process provided for in Chapter.2260 of the Texas Government Code must be used by the TBPC and the contractor to attempt to resolve all disputes arising under this contract. As set forth in Section 8 of the Contract Terms and Condition~;, a Quarterly Sales Report is required under this contract. The reporting requirement will commence for the period September through December 2002. Subsequent reports will follow the calendar quarters (i.e., January-March, April-June, July-September, October-December). 1711 San Jacinto Blvd. + P+O+ Box 13047 + Austin. Texas 78711 + (512) 463.3035 + www.tbpc.$tat¢.tx.us Altec Industries, ][nc. September 12, 2002 Page 2 In order to facilitate catalog access to TXMAS contractor catalogs, the TBPC will maintain a web page exclusive' to your TX3,IAS contract. In addition to user instructions and informational details relating to the contractor, a universal resource Iocator (URL) address is required for the contractor's catalog. The catalog may be the same as the catalog used for the GSA Advantage e-procurement program, but it must have a TXMAS identifying cover and a UR.L, exclusive to the TXMAS program. It is requested that your catalog web address be established within fourteen (14) calendar days and provided by e- mail to the TXMAS Program Unit at txmas~tbpc.state.tx.us. If you have any questions regarding this or any of the other requirements {elating to the TXMAS program, please contact Ted Maddry at 512-463-3384. Respectfully, //James R. Raile~ - - {.//Director of Procurement(.,/ ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT UNDER THE TEXAS MULTIPLE AWARD SCHEDULE (TXMAS) PROGRAM FOR THE PURCHASE OF A BUCKET TRUCK WiTH AERIAL DEVICE AS AWARDED BY THE STATE OF TEXAS BUiLDiNG AND PROCUREMENT COMMiSSiON (CONTRACT TXMAS-3-23010); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 3042-BUCKET TRUCK WITH AERIAL DEVICE AWARDED TO ALTEC INDUSTRIES, iNC. 1N THE AMOUNT OF $119,418). WHEREAS, pursuant to Resolution 92-019, the State Purchasing Building and Procurement Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipmem, supplies or services in accordance with the procedures of state law on behalf of the City of DeNon; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipmem, supplies or services can be purchased bythe City through the Building and Procuremem programs at less cost than the City would expend if bidding these items individually; 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, equipmem, 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 purchase order for materials, equipmem, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agem, are hereby approved: FILE NUMBER VENDOR AMOUNT 3042 Altec industries, inc. $119,418 SECTION 2. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the Building and Procuremem Commission for such items and agrees to purchase the materials, equipmem, supplies or services in accordance with the terms, conditions, specifications, standards, quamities and for the specified sums comained in the bid documems and related documems filed with the Building and Procuremem Commission, and the purchase orders issued by the City. SECTION 3. That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Building and Procurement Commission, 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, speci- fications and standards contained in the Proposal submitted to the Building and Procurement Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, 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. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 4-ORD-File 3042 AGENDA INFORMATION SHEET AGENDA DATE: June 17, 2003 DEPARTMENT: Library System ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas, authorizing first amendment to an Imerlocal Agreemem between the City of Demon, Texas and University of North Texas extending the term of the contract to provide a volunteer coordinator for the Denton Community Network to build a training program for volunteers; authorizing the expenditure of funds; and providing an effective date. BACKGROUND The Demon Public Library represeming the Demon Community Network was awarded a Community Networking 2 Grant from the Telecommunications Infrastructure Fund Board in the amoum of $500,000 on March 19, 2002. Gram funds have enabled the Demon Public Library along with a broad-based range of twelve (12) community groups and organizations to share information in a multi-purpose and community-based network. The Denton Community Network has provided for the placement of Internet-connected public access computer workstations and training in highly used areas of the community and a large, interactive Distance Learning Center at the new North Branch Library when it opens in July 2003. The original Agreement allowed us to use grant funds to contract with the University of North Texas to provide a Volunteer Coordinator for the Denton Community Network to build a training program for volunteers. Since it has taken UNT additional time to recruit a qualified Volumeer Coordinator, University administrators have authorized a first amendment to the original Interlocal Agreement approved by the City Council on July 23, 2002. This amendmem will allow us to modify Article 3 to extend the term of the Agreement until the 30th of September. PRIOR ACTION/REVIEW .(Council, Boards, Commissions) The gramee acceptance notice was signed by the City Manager on September 20, 2001. FISCAL INFORMATION In consideration of UNT's provision of volunteer coordination and training, grant funds continue to pay to UNT a fee not to exceed $12,000. Invoices for services rendered are paid on a monthly basis. EXHIBITS 1. Ordinance 2. Interlocal Agreement Modification No. 1 Respectfully submitted: Eva Poole Director of Libraries ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING FIRST AMENDMENT TO AN iNTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND UNIVERSITY OF NORTH TEXAS EXTENDING THE TERM OF THE CONTRACT TO PROVIDE A VOLUNTEER COORDINATOR FOR THE DENTON COMMUNITY NETWORK TO BUILD A TRAINING PROGRAM FOR VOLUNTEERS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Mayor, or in her absence the Mayor Pro Tem, is hereby authorized to execute, on behalf of the City, an amendment to an interlocal Cooperation Agreemem between the City of Demon, Texas and the University of North Texas, executed on July 23, 2002 to extend the term of the contract that provides a Volunteer Coordinator for the Demon Community Network to build a training program for volunteers, substantially in accordance with the amendment which is attached hereto and incorporated by reference herein. The amendmem will be attached to the original contract. SECTION 2. That the expenditure of funds by the City as set forth in the interlocal Cooperation Agreement is hereby authorized. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: S:\Our Documents\Ordinances\03\Interlocal Agrmt amend-UNT-Library community network.doc INTERLOCAL AGREEMENT MODIFICATION NO. 1 to Interlocal Agreement Between the University of North Texas and the City of Denton The University of North Texas hereinafter referred to as ("UNT") and the City of Denton hereinafter referred to as ("City") hereby agree to modify this Interlocal Agreement as follows: Article 3 Term shall be amended to read "The term of this agreement shall commence on the 23rd day of July, 2002 and shall continue until the 30th of September 2003 or until terminated earlier in accordance with Article 8." All other provisions remain unchanged and in effect. In witness whereof, the parties have executed this modification as of the date of the last signature following. UNIVERSITY OF NORTH TEXAS CITY OF DENTON Phillip C. Diebel Vice President for Finance and Business Affairs Date ,_~'~/~?///~_-~ Date Euline Brock Mayor, City of Denton ATTEST: By. City Secretary, City of Denton APPROVED AS TO LEGAL FORM Herbert L. Prouty, City Attorney By ~~' ~)n~a-~-~ AGENDA INFORMATION SHEET AGENDA DATE: June 17, 2003 DEPARTMENT: Legal CM/DCM/ACM: Herbert L. Prouty, City Attorney .SUBJECT: Consider the approval of art ordinance authorizing the re-advertisement for a non- drilling, paid-up pooling agreement for an oil and gas lease agreement for South Lake Park within the City of Denton, Texas and providing an effective date. BACKGROUND: No bids were submitted during the initial bid for a Non-Drilling/Pooling Agreement at South Lake Park and since that time, several oil and gas developers have requested that the City re-bid the sub-surface mineral interests, however, the subsequent bids submitted on May 13, 2003 for the South Lake Park did not meet the minimum specifications. OPTIONS 1. The City Council may adopt the ordinance. 2. The City CounciI may decline to adopt an ordinance on this issue and direct the staff to amend the documentation as written. FISCAL IMPACT The City would receive a bonus and royalty, payments. RECCOMENDATION Staff recommends approval. Respectfully submitted: Herbert L. Prouty City Attorney S:\Our Documents~FORMS~AIS Southlake Re-Advertisement.doc S:\Our Documents\Ordinances\03~Ke-Advertisement for Southlakes Oil & Gas Lease Ord.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE RE- ADVERTISEMENT FOR A NON-DRILLING, PAID-UP POOLING AGREEMENT FOR AN OIL AND GAS LEASE AGREEMENT FOR SOUTH LAKE PARK WITHIN THE CITY OF DENTON, TEXAS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 16, 2002 the City Council of The City of Denton held a public heating pursuant to Chapter 26 of the Texas Parks and Wildlife Code and made the determination that the sub-surface use of South Lake Park for the purpose of an Oil and Gas Nondrilling/Pooling Agreement should be allowed and the surface of the park may still be used by its patrons after completion of the sub-surface use of the park; and WHEREAS, pursuant to Section 71.005(a) of the Texas Natural Resources Code, the City Council of The City of Denton has determined that it is advisable to lease the sub-surface of South Lake Park for the purpose of an Oil and Gas Nondrilling/Pooling Agreement; and WHEREAS, the City Council authorized the City Manager or his designee to bid the sub- surface mineral interests for a Nondrilling/Pooling Agreement at South Lake Park according to law; and WHEREAS, no bids were submitted during the initial bid for a Non-Drilling/Pooling Agreement at South Lake Park and since that time, several oil and gas developers have requested that the City re-bid the sub-surface mineral interests, however, the subsequent bids submitted on May 13, 2003 for South Lake Park did not meet the minimum bid specifications; and WHEREAS, the City Council desires to reject ail bids and authorize the City Manager or his designee to re-bid the sub-surface mineral interests for a Nondrilling/Pooling Agreements at South Lake Park with no minimum bid specifications according to law. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings contained in the preamble of this ordinance are incorporated into the body of tiffs ordinance. SECTION 2. The City Council rejects all bids submitted for the non-drilling, paid-up pooling agreement for Oil and Gas Lease agreements for South Lake Park' to the City of Denton Purchasing Department on May 13, 2003 SECTION 3. That pursuant to Chapter 71 of the Texas Natural Resources Code, the City Council hereby authorizes the re-advertisement for a Non-Drilling, Paid-Up Pooling Agreement for an Oil and Gas Lease Agreement for South Lake Park within the City of Denton, Texas. SECTION 4. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __day of ., 2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY AGENDA INFORMATION SHEET AGENDA DATE: April 1, 2003 DEPARTMENT: Legal CM/DC3~/ACM: Herbert L. Prouty, City Attorney SUBJECT: Consider the approvaI of an ordinance of the City of Denton, Texas accepting the bid submitted by Trio Consulting & Management, L.L.C. and authorizing the negotiation of a non-drilling/pooling agreement for an approximate 3.13 acre tract owned by Denton Municipal Electric for an electric substation; and providing an effective date. _BACKGROUND: It has been determined that it is advisable to lease the sub-surfaces of an approximate 3.13 acre tract of Iand in the S.A. Venters Survey,. Abstract No. 1315, owned by Denton Municipal Electric for an electric substation for bid respecting the development of a non- drilling/pooling agreement with a gas developer. On May 13, 2003 the bid submitted by Trio Consulting & Management, L.L.C., conforms to the min/mum bid specifications for a Non- drilling/Pooling Agreement on said land. OPTIONS 1. The City Council may adopt the ordinance. 2, The City CounciI may decline to adopt an ordinance on this issue and direct the staff to amend the documentation as written. F~iSCAL IMPACT The City will receive a bonus and royalty payments. RECOMMENDATION Staff recommends approval. Respectfully submitted: Herbert L. Pr~ty -- City Attorney S:\Our DocumentsWORMS\AIS Re-Bid Gas Development-DME.doc S:\Our Documents\Ordinances\03kI-Iickory Creek -Bid acceptance.doc ORDINANCE NO. AN ORD/NANCE OF THE CITY OF DENTON, TEXAS, ACCEPTING THE BID SUBMITTED BY TRIO CONSULTING & MANAGEMENT, L.L.C, AND AUTHORIZING THE NEGOTIATION OF A NON-DRILLING/POOLING AGREEMENT FOR AN APPROXIMATE 3. i3 ACRE TRACT OWNED BY DENTON MUNICIPAL ELECTRIC FOR AN ELECTRIC SUBSTATION; AND PROVIDING AN EFFECTiVE DATE. WHEREAS, pursuant to Section 71.005(a) of the Texas Natural Resources Code, the City Council of The City of Denton has determined that it is advisable to lease the sub-surfaces of an approximate 3.13 acre tract of land in the S.A. Venters Survey, Abstract No. 1315, owned by Denton Municipal Electric for an electric substation for bid respecting the development of a non-drilling/pooling agreement with a gas developer; and WHEREAS, on May t3, 2003 the bid submitted by Trio Consulting & Management, L.LiC., conforms to the minimum bid specifications for a Non-drilling/Pooling Agreement on said land; and WHEREAS, the City Council desires to authorize the City Manager or his designee to enter into negotiations under Chapter 71 of the Texas Natural Resources Code for the sub- surface mineral interests for a Nondrilling/Pooling Agreements on the 3.13 acre tract of land in the S.A. Venters Survey, Abstract No. 1315, owned by Denton Municipal Electric for an electric substation. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 2. Pursuant to Chapter 71 of the Texas Natural Resources Code, the City Council hereby authorizes the City Manager or his designee to enter into negOtiations with Trio Consulting & Management, L.L.C. for a Non-Drilling, Paid-Up Pooling Agreement for Oil and Gas Lease Agreements for the 3.13 acre tract of land in the S.A. Venters Survey, Abstract No. 1315 within the City of Denton, Texas. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY AGENDA INFORMATION SHEET AGENDA DATE: June 17, 2003 DEPARTMENT: Legal CM/DCM/ACM: Herbert L. Prouty, City Attorney SUBJECT: Consider the approval of an ordinance authorizing the rejection of all bids and the re-advertisement for a non-drilling, paid-up pooling agreement for an oil and gas lease agreements for North Lakes Park, Denia Park, and the Airport Open Space Park within the City of Denton, Texas and providing an effective date. BACKGROUND: The bids that were submitted did not conform to the bid specifications for the non-drilling, paid-up pooling agreement for Oil and Gas Lease agreements for North Lakes Park, Denia Park, and the Airport Open Space Park to the City of Denton Purchasing Department on May 13, 2003. OPTIONS 1. The City Council may adopt the ordinance. The City Councit may decline 'to adopt an ordinance on this issue and direct the staff to amend the documentation as written. FISCAL IMPACT The City would receive a bonus and royalty payments. RECCOMENDATION Staff recommends approval. Respectfully submitted: Herbert L. Pro~y - City Attorney S:\Our DocumentsWORMS~AIS Bid Proccss-NorthLakes-Denia-Airport. doc S:\Our Doeuments\Ordinances\03~Bid Process-NorthLakes-Denia-Airport. doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE REJECTION OF ALL BDS AND THE RE-ADVERTISEMENT FOR A NON-DRILLING, PAID-UP POOLING AGREEMENT FOR OIL AND GAS LEASE AGREEMENTS FOR NORTH LAKES PARK, DENIA PARK, AND THE AIRPORT OPEN SPACE PARK, WITHIN THE CITY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 7, 2003 the City Council of The City of Denton held a public hearing pursuant to Chapter 26 of the Texas Parks and Wildlife Code and made the determination that the sub-surface use of North Lakes Park, Denia Park and the Airport Open Space Park for the purpose of an Oil and Gas Nondrilling/Pooling Agreement should be allowed and the surface of the parks may still be used by its patrons after completion of the sub-surface use of the park; and WHEREAS, pursuant to Section 71.005(a) of the Texas Natural Resources Code, the City Council of The City of Denton has determined that it is advisable to lease the sub-surfaces of North Lakes Park, Denia Park and the Airport Open Space Park for the purpose of an Oil and Gas Nondrilling/Pooling Agreements; and WHEREAS, the bids that were submitted did not conform to the bid specifications for the non-drilling, paid-up pooling agreement for Oil and Gas Lease agreements for North Lakes Park, Denia Park, and the Airport Open Space Park to the City of Denton Purchasing Department on May 13, 2003; and WHEREAS, the City Council desires to reject all bids and authorize the City Manager or his designee to re-bid the sub-surface mineral interests for a Nondritling/Pooling Agreements at North Lakes Park, Denia Park and the Airport Open Space Park with no minimum bid specification according to law. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 2. The City Council rejects all bids submitted for the non-drilling, paid-up pooling agreement for Oil and Gas Lease agreements for North Lakes Park, Denia Park, and the Airport Open Space Park to the City of Denton Purchasing Department on May 13, 2003. SECTION 3. That pursuant to Chapter 71 of the Texas Natural Resources Code, the City Council hereby authorizes the re-advertisement for a Non-Drilling, Paid-Up Pooling Agreement for Oil and Gas Lease Agreements for North Lakes Park, Denia Park and the Airport Open Space Park within the City of Denton, Texas. SECTION 4. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of ,2003. EULINE BROCK, MAYOR ATTEST: JEN-NiFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY AGENDA INFORMATION SHEET AGENDA DATE: June 17, 2003 DEPARTMENT: CM/DCM/ACM: Engineering Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 0.357 acre tract or parcel of land and an approximate 2.152 acre tract or parcel of land both in fee simple for street, utility and right-of- way purposes, such title to be in the name of the City of DeNon, and a drainage easemem comaining approximately 0.226 acre and a temporary construction easement containing approximately 0.309 acre, all said tracts being located in the Mary Austin Survey, Abstract Number 4 in Denton County, Texas and being out of that certain tract or parcel of land in a deed to Alex N. Bickley recorded in Volume 987, Page 548 of the Deed Records of DeNon County, Texas; authorizing the City Manager, or his designee, to make an offer to purchase the property for its just compensation and if such offer is refused, authorizing the City Attorney, or his designee, to institute the necessary proceedings in condemnation to acquire the property for street, utility and right-of-way purposes, drainage easemem purposes, and temporary construction easement purposes; and declaring an effective date. BACKGROUND Staff is curremly involved in procuring the right-of-way necessary to widen existing Spencer Road from an existing two-lane rural section (with borrow ditches) to a proposed four-lane urban section (curb, gutter and underground storm drainage improvemems). We have been working in concert with the design firm, Teague Nall Perkins and their right-of-way acquisition firm, Ken Martin & Associates in engaging the affected property owners along the route to determine the configuration of the necessary right-of-way tracts and the valuations associated with those parcels. A real estate appraisal firm, Sargem Appraisal Company, has been engaged to determine just compensation for the necessary tracts. A formal offer for just compensation is in process to the Mr. Bickley ($83,651.°° total -$2.00 per square foot for net affected area (inside the fence - 29,925 sq. ft.), $.02 for prescriptive right-of- way area (outside the fence - 79,367 sq. ft.), $19,492 for the drainage easemem, $2,557 for the temporary construction easemem, $163 for improvemems within the take area (cross fence & gravel drive)) and we are hopeful that we will be able to reach equitable terms with them. The timing of the Spencer Road widening project requires that we prepare on two levels: 1 - Work diligemly with the affected property owners to reach settlemem; and 2 - make preparations to acquire the property using eminent domain, so as not to delay the timing of the road construction. OPTIONS 1. Approve the ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff' recommends authorization to use eminent domain to acquire the necessary right-of-way tract, shonld negotiation efforts fail. ESTIMATED PROJECT SCHEDULE Summer 2003 PRIOR ACTION/REVIEW None FISCAL INFORMATION $83,651.00 plus condemnation costs ATTACHMENTS > Location map > Draft ordinance Prepared By: Paul Williamson Real Estate & Capital Support Manager Respectfully submitted: Charles Fiedler, Director Engineering Department Location Map S :\Our Documents\Ordinanccs~03~pcncer Road-Bickley-Condemnafion.doc ORDINANCE NO. AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.357 ACRE TRACT OR PARCEL OF LAND AND AN APPROXIMATE 2.152 ACRE TRACT OR PARCEL OF LAND BOTH IN FEE SIMPLE FOR STREET, UTILITY AND RIGHT-OF-WAY PURPOSES, SUCH TITLE TO BE IN THE NAME OF THE CITY OF DENTON, AND A DRAINAGE EASEMENT CONTAINING APPROXIMATELY 0.226 ACRE AND A TEMPORARY CONSTRUCTION EASEMENT CONTAINING APPROXIMATELY 0.309 ACRE, ALL SAID TRACTS BEING LOCATED IN THE MARY AUSTIN SURVEY, ABSTRACT NUMBER 4 IN DENTON COUNTY, TEXAS AND BEING OUT OF THAT CERTAIN TRACT OR PARCEL OF LAND IN A DEED TO ALEX N. BICKLEY RECORDED IN VOLUME 987, PAGE 548 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION TO ACQUII~ THE PROPERTY FOR STREET, UTILITY AND RIGHT- OF-WAY PURPOSES, DRAINAGE EASEMENT PURPOSES, AND TEMPORARY CONSTRUCTION EASEMENT PURPOSES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby require the acquisition of fee simple title for street purposes, with such fee simple title vesting in the City of Denton in the hereinafter described land for the public purpose of constructing street, drainage, utility and related improvements; and WHEREAS, the hereinafter described property is believed to be owned by Alex N. Bickley ("Owner"); 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. SECTION 2. Public necessity exists and public welfare and convenience require the acquisition of the following: a+ fee simple title for street purposes, with such fee simple title vesting in the City of Denton in those certain tracts or parcels of land containing approximately 0.357 acre and 2.152 acre respectively, together with improvements thereon and appurtenances thereto as more particularly described in Exhibit "A" and illustrated in Exhibit "B", attached hereto and made a part hereof by reference (the "Right-of-Way Property"). bo a drainage easement for drainage purposes in the name to the City of Denton, Texas in, over and across that certain tract or parcel of land containing approximately 0.226 acre as more particularly described in Exhibit "C", attached hereto and made a part hereof by reference (the "Drainage Easement") and as depicted on Exhibit "D", attached hereto and made a part hereof by reference; a temporary construction, grading and access easement in the name of the City of Denton, Texas in, over and across those certain tracts or parcels of land containing approximately 0.309 acre as more particularly described in Exhibit "E" attached hereto and made a part hereof by reference (the "Temporary Construction, Grading and Access Easement") and as depicted on Exhibit "F", attached hereto and made a part by reference, to use for temporary construction, grading and access in conjunction with construction activities required by the Spencer Road Paving, Drainage and Utility Improvements (the "Construction Activities"), with said Temporary Construction, Grading and Access Easement expiring upon the completion of the Construction Activities or two years from the date the City of Denton takes possession of the Temporary Construction, Grading and Access Easement property, which ever occurs first. The Right-of-Way Property, Drainage Easement and Temporary Construction, Grading and Access Easement are hereinafter collectively called the "Property". SECTION 3. The City Council finds that there is a public necessity and public need to acquire the Property in the size, scope, width, and dimensions of the Property and for the purposes stated in this ordinance. SECTION 4. The City CounciI finds that $83,651.°° (the "Compensation") is just compensation for the Property including damages to the remainder, if any, said sum being based on an independent appraisal obtained by the City. The City Manager or his designee is hereby authorized and directed to make an offer for the Property to the Owner of the Property in the mount of the Compensation. SECTION 5. In the event the offer as described in Section 3 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 Property to acquire fee simple title for street purposes in the Right-of-Way Property, with such fee simple title vesting in the City of Denton and to acquire the Drainage Easement and Temporary Construction, Grading and Access Easement. SECTION 6. If it should be subsequently determined that additional parties other than those named herein have an interest in said property, then in that event, the City Attorney or his designee is authorized and directed to join said parties as Defendants in said condemnation. SECTION 7. This ordinance shall become effective immediately upon its passage and approval. Page 2 PASSED AND APPROVED this the day of ., 2003. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~ Page 3 S:~Ou~ Doem~e~t~[l~nanc~Woe~ Pmad-Bi~kley~C~d~d~ DENTON EXHIBIT 'A'-TFIACT 1 Legal Description for a strip of land for Spencer Road out of the MARY L. AUSTIN SURVEY A-4 Denton, Denton County, Texas BEING all that certain parcel, tract, or strip of land out of the MARY L. AUSTIN SURVEY A-4 in the City of Denton, Denton County, Texas described by deed recorded in Volume 987, Page 548, Deed Records, Denton County, Texas, and more particularly described as follows; BEGINNING at a 1/2" iron rod found for the southeast corner of LOT 1, BLOCK 2, MUNICIPAL UTILITY ADDITION, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet G, Slide 346, Plat Records, Denton County, Texas, and in the west line of that tract described by deed recorded in Volume 987, Page 548, Deed Records of Denton County, Texas, having Texas Coordinate System, North Central Zone, 1983-1999 coordinates of x = 2395503.01. and y = 7120881.41feet; THENCE: with the said common line, N 03° 21' 24" E, a distance of 33.31 feet to a 5/8" iron rod set for a corner; THENCE: S 87° 56' 09" E, a distance of 216.24 feet to a point for a corner in the west line of that tract described by deed recorded at County Clerks File No 97-R-043235; from which a 5/8~ iron rod set for the beginning ora curve bears $87°56'09"E, 15.0 feet; THENCE: with the said line, S 01 ° 11' 39" E, a distance of 64.48 feet to a point for comer in the south line of the tract described by deed recorded in Volume 347, Page 373, deed Records of Denton County, Texas; THENCE: with the said south line, S 88° 37' 02" W, a distance of 222.06 feet to a point for comer, and the southwest corner of said tract; THENCE: N 03° 21' 24" E, a distance of 44.43 feet to the POINT OF BEGINNING and CONTAINING 0.357 acres of land, more or less as surveyed by john nail jr rp/s #1970 during the months of June and July 2002. Bearings, Distances, and Coordinates shown hereon are grid per the Texas Coordinate System, North Central Zone, 1983 -1999 datum. To obtain surface distances, multiply by 1.00015450 the distances shown. Areas shown are surface.  See attached Survey Sketchjnj. S-O009 lr l ,rms\L-0072_E8 Bickley 45 acre Tr-1 .dO~edicated to Quality Service" www. cityofdenton.com DENTON EXHIBIT "A"-TRACT 2 Legal Description for a strip of land for Spencer Road out of the MARY L. AUSTIN SURVEY A-4 Denton, Denton County, Texas BEING all that certain parcel, tract, or stdp of land out of the MARY L. AUSTIN SURVEY A-4 in the City of Denton, Denton County, Texas described by deed recorded in 'Volume 987, Page 548, Deed Records, Denton County, Texas, and more particularly described as follows; Commencing at a 1/'2' iron rod found for the southeast comer of LOT 1, BLOCK 2, MUNICIPAL UTILITY ADDITION, an addition to the Cify of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet G, Slide 346, Plat Records, Denton County, Texas, and in the west line of that tract described by deed recorded in Volume 987, Page 548, Deed Records of Denton County, Texas, having Texas Coordinate System, North Central Zone, 1983-1999 coordinates of x = 2395503.01 and y = 7120881.41feet; THENCE: with the said common line, N 03 ° 21' 24~ E, a distance of 33.31 feet to a 5/8' iron rod set for a comer; THENCE: S 87° 56' 09" E, a distance of 231.28 feet to a 5/8" iron rod set for the beginning of e tangent curve to the left, having a central angle of 07° 12' 27" and a radius of 2943.50 feet; THENCE: with the said curve, an arc distance of 370.28 feet to a 578" iron rod set for the end of said curve; THENCE: N 84° 51' 24~ E, a distance of 107.31 feet to a 5/8'iron rod set for the beginning ora tangent curve to the right, having a central angle of 05° 57' 23" and a radius of 950.00 feet; THENCE: with the said curve, an arc distance of.98.76 feet to a 5/8"iron rod set for the end of said curve; THENCE: S 89° 11' 13~ E, a distance of 129.12 feet to a point for a comer in the east line of the tract described by deed recorded in County Clerks File No. 97- R-043235 Real Property Records, Denton County, Texas, and the POINT of BEGfNNING: THENCE: S 89 ° 11' 13" E, a distance of 124.04 feet to a 5/8" iron rod set for an angle point; THENCE: N 89° 47' 15" E, a distance of 488. 97 feet to a 5/8" iron rod set for an angle point; THENCE: S 89 ° 28' 20' E, a distance of 250. 89 feet to a 5/8' iron rod set for an angle point; THENCE: S 89 ° 59' 15' E, a distance of 358.42 'feet to a 5/8" iron rod set for a comer in the west line of that tract described by deed recorded in Volume 561, Page 464, Deed Records, of Denton County, Texas; THENCE: with the said common line, S 02° 07' 26" E, passing at 35.6 feet a 1/2' iron rod at a fence line feet lying 0.5 feet lel~ of line; passing at 60. 0 feet the center of Spencer Road; in all a distance of 90.10 feet to a 1/2" iron rod found for the southeast comer of said tract of land described by deed recorded in Volume 987, Page 548, Deed Records, Denton county, Texas; THENCE: with the south line of said tract, N 88° 38' 14" W, a distance of 1125. 09 feet to a 1/2" iron rod found for an angle point; THENCE: continuing with the said south line, S 88° 37' 02' W, a distance of 99.00 feet to a point for comer, and the southwest comer of said tract; THENCE: N 03° 21' 24" E, a distance of 68.02 feet to the POINT OF BEGINNING and CONTAINING 2.152 acres of land, more or less as surveyed by john na# jr rpls #1970 during the months of June and July 2002. BEARINGS, Distances, and Coordinates shown hereon are grid per the Texas Coordinate System, North Central Zone, 1983 -I999 datum. To obtain surface distances, multiply by 1.00015450 the distances shown. Areas shown are surface. See attached Survey Sketch jnj. S-O009 lr ! ~:\,,~r~Forms\L-0072 E8 Bickley 45 acre Tr-2.d~ ........... ~ ~ www. cityofdenton.com DENTON EXHIBIT Legal Description for a Drainage Easement out of the EARY L. AUSTIIV SDIIFEY A.4 Denton, Denton County, Texas BE/Noc ali that certain parcel, tract, or strip of/and out ef the MARY L AUSTIIV SlJDVEY A~I in the City of Denton, Denton County, Texas descr/bed by dead recorded iff Volume 987, Page 5~18, Deed Records, Denton County, Texas, and more particularly described as fo/lows; BEG/NN/tVE at the southeast corner of herein described tract of/and, said point a/so being/n the north right.of, way fine of Spencer Road, and having Texas Coordinate System, North Central Zone, ! £83- t £$£ coordinates of x - 2597804.50, y - 7120925.90 feet, from which a found 5/8"iron red for the southwest corner of a tract of/and described by deed recorded in Volume 55L Page 4~4, Deed Records, Denton County, Texas, bears South 89059, 15'East, $9Z$5 feet; TtiE/VCE with said north right-of-way #ne, North 89~8'2D' West a distance of 2'~0.89 feet to a point for corner; THENCE fearing said north right, of. way//ne, North 00°3/'40'East a distance of 21.00 feet to a point for corner; THENCE North 45°~/ '40' East a distance e/42.43 feet to an angle point; THENCE South 89~8'20" East a distance ef 150. 89 feet to an angle point; THENCE South 44~8'217' East a distance of 42.43 feet to an an#fa point; THENCE South 00~l'40"East a distance of 21.00 feet to the POINT OF BEG/NE/NE and CONTA/N/tVG 0.225 acres of/and, more or/ess as surveyed by john na/I ]r. rp/s # 1970 during the month of June and July 2002. BEARINGS, Distances, and Coordinates shown hereon ere grid per the Texas £oerdinate System, North Central Zone, 1£83.1999 datum. To obtain surfaced/stances, multiply by ~.00015450 the distances shown. ~fraas shown are surface. See attached Suryey Sketch fn/L.O089; "Dedicated to Quality Service" www. cityofdenton.com m AMERICAN L£G~ON POST V, 561, P. 464, D.R.D.C.T. DENTON EXHIBIT Le~al Desoriptian for a Constr#ctian Easement out af t/~e A~ARY L RUSTIN $URVE~' A.4 Denton, Denton £aunty, Texas BE/N~ all that certain paroe/, tract, or strip of land out of the MARY L ~$TI~ SURVEY A-4 Jo the C~y of Oeflton, ~eo~on Couflt~ Texas described deed recorded in Volume 98~ Page 548, Oeed Records, Denton County, Texas, and more panicularl7 describ~ a~ follow~; B~G/N~/N~ at the ~uthe~t corner of her~in described tract of/an~ ~id iron f~d also being in the n~rth dgbt.of, way line ~f Spencer ~oa~ and havin9 Texas Coordinate System, No~h Central Zone, 1983. I~99 coordinates of x - 239~04.5~, y - 7/20~2~53 faeC from which a found ~[8'iron rod for the southwest cor~et ufa tract of land describ~ by de~ ~ecorded in ~o/ume 5~ & Page 464, Deed Records, Oenton County, Texas, bea~s South ~ l ~' East, 3~Z B5 f~et; T~NCE w#h said north right, of. way #ne, No~h 8~°~0" West a distance of 4~00 feet to a poin~ for corner; THENC~ leaving said north right.of, way line, North OO°~ '40' East a distance of 2 L O0 feet to a point for corner; THENCE North 4~0~0" Wa~t a distance of 42.43 feet to an angle point; THENCE No~h 8~°~'20' West a distance of 150.89 feet to afl angle point; TEEECE South 45~1'3g" West a distance of 42.43 feet to an angle point; TEE~CE Sout~ gg~l'~O" West a distance of 21. EH feet to a point for corner in sa/~ north dE, t-of-way I/ne; THENCE w/th ~a/d north ri9~hof, way line, Eort~ EE°~?5" West a ~/staflce of 2EO~ feet to a po/fit for cornel; THENCE/earing said ~ort~ right-of-way/ine, Eo[t~ O0°~ '~" East a di~aflca of 97.32 feet to a point for corner; THENCE South 89~8'20" fa~t a d/stance of 22~8E feet to afl angle paint; THENCE South 34~0'48" East a d/stance of EH. HO feet to an angle po/ftC THENCE South ~0~'47" West a distance of 20.00 feet to t~e POINT OF BE61NNING and COgTAlNleG. 0.309 acre~ of/and, more or less surveyed by/obn nalljr, rpls ~ /ETO during t~e month of June and July 20~2. BEAd/NEE, Distances, and Coordiflate~ shown hereon a~a grid per the Taxes Coordinate System, North Central Zone, 1383 -IEgE datum. To obtain surface distances, multiply fly/.OgO7~50 the d/stances show~. Area~ ~bowfl ate surface. Atkins Temp Const See attached Survey Sketch "Dedicated to Quality Service" www. cityofdenton.com trl AMERICAN LEGION V. 56'~, P. 464, POST #71 D,R.D.C.T. AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: June 17, 2003 Engineering Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 1.075 acre tract or parcel of land in fee simple for street, utility and right-of-way purposes, such title to be in the name of the City of Denton and said property being located in the Mary Austin Survey, Abstract Number 4 in Denton County, Texas and being out of that certain tract or parcel of land in a correction deed to Ronald West Atkins and wife, Barbara Atkins recorded under Clerk's File Number 97-R0043235 in of the Real Property Records of DeNon County, Texas; authorizing the City Manager, or his designee, to make an offer to purchase the property for its just compensation and if such offer is refused, authorizing the City Attorney, or his designee, to institute the necessary proceedings in condemnation to acquire the property for street, utility and right-of-way purposes; and declaring an effective date. BACKGROUND Staff is curremly involved in procuring the right-of-way necessary to widen existing Spencer Road from an existing two-lane rural section (with borrow ditches) to a proposed four-lane urban section (curb, gutter and underground storm drainage improvemems). We have been working in concert with the design firm, Teague Nall Perkins and their right-of-way acquisition firm, Ken Martin & Associates in engaging the affected property owners along the route to determine the configuration of the necessary right-of-way tracts and the valuations associated with those parcels. A real estate appraisal firm, Sargem Appraisal Company, has been engaged to determine just compensation for the necessary tracts. A formal offer for just compensation is in process to the Atkins ($57,290.® total -$2.50 per square foot for net affected area (inside the fence - 20,125 sq. ft.) & $.025 for prescriptive right-of-way area (outside the fence - 26,702 sq. ft.), $6,300 for damages to pecan orchard, $10 for section of cross fence) and we are hopeful that we will be able to reach equitable terms with them. The timing of the Spencer Road widening project requires that we prepare on two levels: 1 - Work diligemly with the affected property owners to reach settlemem; and 2 - make preparations to acquire the property using eminent domain, so as not to delay the timing of the road construction. OPTIONS 1. Approve the ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff' recommends authorization to use eminent domain to acquire the necessary right-of-way tract, shonld negotiation efforts fail. ESTIMATED PROJECT SCHEDULE Summer 2003 PRIOR ACTION/REVIEW None FISCAL INFORMATION $57,290.® plus condemnation costs ATTACHMENTS > Location map > Draft ordinance Prepared By: Paul Williamson Real Estate & Capital Support Manager Respectfully submitted: Charles Fiedler, Director Engineering Department Location Map , S :XOur DocumentsXOrdinances\03XSpencer Road - Atkins - Condemnatkm.do¢ ORDINANCE NO. AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 1.075 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET, UTILITY AND RIGHT-OF-WAY PURPOSES, SUCH TITLE TO BE IN THE NAME OF THE CITY OF DENTON AND SAID PROPERTY BEING LOCATED IN THE MARY AUSTIN SURVEY, ABSTRACT NUMBER 4 IN DENTON COUNTY, TEXAS AND BEING OUT OF THAT CERTAIN TRACT OR PARCEL OF LAND IN A CORRECTION DEED TO RONALD WEST ATKINS AND WIFE, BARBARA ATKINS RECORDED UNDER CLERK'S FILE NUMBER 97-R0043235 IN OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION TO ACQUIRE THE PROPERTY FOR STREET, UTILITY AND RIGHT- OF-WAY PURPOSES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby require the acquisition of fee simple tire for street, utility and right-of- way purposes, the real property described herein below, with such fee simple title vesting in the City of Denton; and WHEREAS, the hereinafter described property is believed to be owned by Ronald West Atkins and wife, Barbara Atldns ("Owner'); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The fmdings and recitations contained in the preamble of this ordinance are incorporated herein by reference SECTION 2. Public necessity exists and public welfare and convenience require the acquisition of fee simple title, with such fee simple title vesting in the City of Denton in that certain tract or parcel of land containing approximately 1.075 acre located in Denton County, Texas, together with improvements thereon and appurtenances thereto as more particularly described in Exhibit "B, and illustrated in Exhibit "A", attached hereto and made a part hereof by reference (the "Property"). The Property is being acquired for street, utility and right-of-way purposes. SECTION 3. The City Council finds that $57,290.® (the "Compensation") is just compensation for the Property including damages to the remainder, if any, said sum being based on an independent appraisal obtained by the City. The City Manager or his designee is hereby authorized and directed to make an offer for the Property to the Owner of the Property in the amount of the Compensation. SECTION 4. In the event the offer as described in Section 3 is refused by the Owner of the Property, the City Attorney or his designee is hereby authorized and directed to file the necessary condenmation proceedings or suit and take whatever action that may be necessary against the Owner and any other parties having an interest in the Property to acquire fee simple title in the Property for the purposes described in Section 2 above, with such fee simple title vesting in the City of Denton. SECTION 5. If it should be subsequently determined that additional parties other than those named herein have an interest in the Property, then in that event, the City Attorney or his designee is authorized and directed to join said parties as Defendants in said condemnation. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 DENTON EXHIBIT 'B' Legal Description for a strip of land for Spencer Road out of the MA RY L. AUSTIN SURVEY A-4 Denton, Denton County, Texas BEING ali that certain parcel, tract, or stdp of land out of the MARY Lo AUSTIN SURVEY A-4 in the City of Denton, Denton County, Texas described by deed recorded in Volume 987, Page 548, Deed Records, Denton County, Texas, and more particularly desc#bed as follows; Commencing at a 1/2" iron rod found for the southeast corner of LOT 1, BLOCK 2, MUNICIPAL UTILITY ADDITION, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet G, Slide 346, Plat Records, Denton County, Texas, and in the west line of that tract described by deed recorded in Volume 987, Page 548, Deed Records of Denton County, Texas, having Texas Coordinate System, North Central Zone, 1983-1999 coordinates of x = 2395503.01 andy = 7120881.41feet; THENCE: with the said common line, N 03 ° 21' 24" E, a distance of 33.31 feet to a 5/8" iron rod set for a comer: THENCE: S 87° 56' 09~ E, a distance of 216.24 feet to a point for a comer; in the west line of that tract described by deed recorded at County Clerks File No 97-R-043235 Real Property Records, Denton County, Texas, and the POINT OF BEGINNING: THENCE:' N 87° 56' 09" E, a distance of 15.04 feet to a 5/8" iron rod set for set for the beginning of a tangent curve to the left, having a central angle of 07° f2' 27"and a radius of 2943.50 feet; THENCE: with the .said curve, an arc distance of 370.28 feet to a 5/8"iron rod set for set for the end of said curve; THENCE: N 84° 51' 24' E, a distance of 107.31 feet to a 5/8" iron rod set for the beginning of a tangent curve to the dght, having a central angle of 05~ 57'23"and a radius of 950.00 feet; THENCE: with the said curve, an arc distance of 98.76 feet to a 5/8'iron rod set for the end of said curve; THENCE;' S 89° 11' 13" E, a distance of 129.12 feet to a point for a comer in the east line of the tract described by deed recorded in County Clerks File No. 97- R-043235 Real Property Records, Denton County, Texas; THENCE: with the said#ne S01°11'39"E, a distance of 68.02 feet to a point fora comer in the south line of the tract described by deed recorded in Volume 347, Page 373, Deed Records, Denton, County, Texas; THENCE: with the said line, S 88° 37'02'14/, a distance of 719.85 feet to a point for a comer; THENCE: N 01°11'39~W, a distance of 64.48 feet to the POINT OF BEGINNING and CONTAINING 1.075 acres of land, more or less as surveyed by john nail jr rpls #1970 during the months &June and July 2002. BEARINGS, Distances, and Coordinates shown hereon are grid per the Texas Coordinate System, North Central Zone, 1983 -1999 datum. To obtain surface distances, multiply by 1.00015450 the distances shown. Areas shown are surface 'ms\L-0072_E8 Atkins 10 acre.doc See attached Survey Sketch jn].S-O009 3r "Dedicated to Quality Service" www. cityofdenton.com AGENDA INFORMATION SHEET AGENDA DATE: June 17, 2003 DEPARTMENT: CM/DCM/ACM: Engineering Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance authorizing the City Manager or his designee to purchase a 0.60 acre tract or parcel of land in fee simple for street, mility and right-of-way purposes, such title to be in the name of the City of DeNon and said property being located in the Mary Austin Survey, Abstract Number 4 in Denton County, Texas and being out of that certain tract or parcel of land in a deed to American Legion Post #71 recorded in Volume 561, Page 464 of the Deed Records of DeNon County, Texas; authorizing the expenditure of funds; and declaring an effective date. BACKGROUND Staff is curremly involved in procuring the right-of-way necessary to widen existing Spencer Road from an existing two-lane rural section (with borrow ditches) to a proposed four-lane urban section (curb, gutter and underground storm drainage improvemems). We have been working in concert with the design firm, Teague Nall Perkins and their right-of-way acquisition firm, Ken Martin & Associates in engaging the affected property owners along the route to determine the configuration of the necessary right-of-way tracts and the valuations associated with those parcels. A real estate appraisal firm, Sargem Appraisal Company, has been engaged to determine just compensation for the necessary tracts. A formal offer for just compensation was made to the property owners and, in staff's opinion, equitable settlement terms have been reached. OPTIONS 1. Approve the ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends authorization to purchase the necessary right-of-way tract. ESTIMATED PROJECT SCHEDULE Summer 2003 PRIOR ACTION/REVIEW None FISCAL INFORMATION $140,000.® plus closing costs ATTACHMENTS > Location map > Draft ordinance Prepared By: Paul Williamson Real Estate & Capital Support Manager Respectfully submitted: Charles Fiedler, Director Engineering Department Location Map ~ S:\Our Documents\Ordinances\03~Spencer Road - American Leg[on - l~rchase.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PURCHASE A 0.60 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET, UTILITY AND RIGHT-OF-WAY PURPOSES, SUCH TITLE TO BE IN THE NAME OF THE CITY OF DENTON AND SAID PROPERTY BEING LOCATED IN THE MARY AUSTIN SURVEY, ABSTRACT NUMBER 4 IN DENTON COUNTY, TEXAS AND BEING OUT OF THAT CERTAIN TRACT OR PARCEL OF LAND IN A DEED TO AMERICAN LEGION POST #71 RECORDED IN VOLUME 561, PAGE 464 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, City of Denton staff and agents have reached settlement terms with American Legion Post #71 for the necessary street right-of-way required by the project known as Spencer Road Paving, Drainage and Water Improvements; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to contract and purchase the 0.60 acre tract in Denton County, Texas, together with improvements thereon and appurtenances thereto as more particularly described in Exhibit "B" and illustrated in Exhibit "A", attached hereto and made a part hereof by reference (the "Property"). The Property is being acquired for street, utility and right-of-way purposes. SECTION 2. The City Council hereby authorizes the expenditure of $140,000.® (the "Purchase Price") plus closing costs for the Property. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBE~TY~TORNEY BY: -- ~ ~ DENTON EXHIBIT'B' Legal Description for a strip of land out of the MARY L A US TIN SURVEY A-4 Denton, Denton County, Texas Being all that certain tract, parcel, or lot of land out of the MARY L. AUSTIN SURVEY A.4, in the City of Denton, Denton County, Texas, as described by deed recorded in Volume 561, Page 464, Deed Records,. Denton County, Texas, and being more par#cu/arly described as follows: BEGINNING at a 5/8" iron rod found for the southwest comer of aforesaid deed, said iron rod a/so being in the east line of that tract described by deed recorded in Volume 987, Page 548, Deed Records, Denton County, Texas, having Texas Coordinate System, North Central Zone, 1983-1999 coordinates of x = 2397664.26, y = 7120889.89 feet; THENCE with said east /ine, North 02°54'28" West a distance of 35.61 feet to a 5/8"iron rod set for corner; THENCE leaving said east fine, North 84°02'.16'' East a distance of 42.38 feet to a 5/8" iron rod set reran angle point; THENCE North 85°06'09" East a distance of 100.50 feet to a 5/8"iron rod set for an angle point; THENCE South 89°11'13" East a distance of 100.00 feet to a 5/8"iron rod set for an angle point; THENCE South 83°06'05" East a distance of 100.57 feet to a 5/8" iron rod set for an angle point; THENCE South 83 ° 10'46" East a distance of 103.57 feet to a 5/8" iron rod set for an angle point; THENCE South 84 °09'56" East a distance of 97.11 feet to a 5/8' iron rod set for an angle point; THENCE South 89°11'13"East a distance of 143.41 feet to a 5/8" iron rod set for comer in the west line of DENTON COUNTY ELECTRIC COOP ADDITION, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet D, Page 80, Plat Records, Denton County, Texas; THENCE with the west line of said addition, South 01°43'41" East, passing at a distance of 15.26 feet, a ~" iron rod found for the southwest corner of said addition, and continuing for a total distance of 25.12 feet to a point for comer; THENCE North 88°48'19" West a distance of 684.05 feet to the POINT OF BEGINNING and CONTAINING 0.600 acres of land, more or less as surveyed by john nail jr. rpls #1970 during the month of June and July 2002. BEARINGS, Distances, and Coordinates shown hereon are gdd per the Texas Coordinate System, North Central Zone, 1983 -1999 datum. To obtain surface distances, multiply by 1.00015450 the distances shown. Areas shown are surface. See attached Survey Sketch jnj. L-O075; ;/§American legion, doc "Dedicated to Quality Service" www. cityofdenton.com AGENDA INFORMATION SHEET AGENDA DATE: June 17, 2003 DEPARTMENT: CM/DCM/ACM: Engineering Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance authorizing the City Manager or his designee to purchase a 0.494 acre tract or parcel of land in fee simple for street, mility and right-of-way purposes, such title to be in the name of the City of DeNon and said property being located in the Mary Austin Survey, Abstract Number 4 in Denton County, Texas and being out of that certain tract or parcel of land in a deed to Terry S. Stanford recorded under Clerk's File Number 96-R0082307 in the Real Property Records of Denton County, Texas and also being out of that certain tract or parcel of land in a deed to Elizabeth Marie Hardy recorded in Volume 4643, Page 2430 of the Real Property Records of DeNon County, Texas; authorizing the expenditure of funds; and declaring an effective date BACKGROUND Staff is curremly involved in procuring the right-of-way necessary to widen existing Spencer Road from an existing two-lane rural section (with borrow ditches) to a proposed four-lane urban section (curb, gutter and underground storm drainage improvemems). We have been working in concert with the design firm, Teague Nall Perkins and their right-of-way acquisition firm, Ken Martin & Associates in engaging the affected property owners along the route to determine the configuration of the necessary right-of-way tracts and the valuations associated with those parcels. A real estate appraisal firm, Sargem Appraisal Company, has been engaged to determine just compensation for the necessary tracts. A formal offer for just compensation was made to the property owners and, in staff's opinion, equitable settlement terms have been reached. OPTIONS 1. Approve the ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends authorization to purchase the necessary right-of-way tract. ESTIMATED PROJECT SCHEDULE Summer 2003 PRIOR ACTION/REVIEW None FISCAL INFORMATION $159,828.°° plus closing costs ATTACHMENTS > Location map > Draft ordinance Prepared By: Paul Williamson Real Estate & Capital Support Manager Respectfully submitted: Charles Fiedler, Director Engineering Department Location Map S:\Our Documents\OrdinancesX03\Spencer Road - Hardy & Stanford - Purchase.doe ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PURCHASE A 0.494 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET, UTILITY AND RIGHT-OF-WAY PURPOSES, SUCH TITLE TO BE IN THE NAME OF THE CITY OF DENTON AND SAID PROPERTY BEING LOCATED 1N THE MARY AUSTIN SURVEY, ABSTRACT NUMBER 4 IN DENTON COUNTY, TEXAS AND BEING OUT OF THAT CERTAIN TRACT OR PARCEL OF LAND IN A DEED TO TERRY S. STANFORD RECORDED UNDER CLERK'S FILE NUMBER 96-R0082307 IN THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND ALSO BEING OUT OF THAT CERTAIN TRACT OR PARCEL OF LAND IN A DEED TO ELIZABETH MARIE HARDY RECORDED IN VOLUME 4643, PAGE 2430 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, City of Denton staff and agents have reached settlement terms with Owners of the affected tracts for the necessary street right-of~way required by the project known as Spencer Road Paving, Drainage and Water Improvements; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to contract and purchase the 0.464 acre tract in Denton County, Texas, together with improvements thereon and appurtenances thereto as more particularly described in Exhibit "B" and illustrated in Exhibit "A", attached hereto and made a part hereof by reference (the "Property"). The Property is being acquired for street, utility and right-of-way purposes. SECTION 2. The City Council hereby authorizes the expenditure of $159,828.® (the "Purchase Price") plus closing costs for the Property. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ., 2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: BY: vyc~,~// '_L'O'O'~'d Og 2, QI-1S 'O '8¥,,q N(:JQV 3AI.L¥~J :lctOOO ,.9_~-I]/ '03 NOJ_N3C] 'l'O'O'bl'O 'tg*k 'd ' 1.9C5 'A .Lc;Od NOl~)3g DENTON EXtlIlIIT~' strip of/and ob7 of tho MARY L AUSTI# SERVEYA4 Benton, Dento~ County, Texas ~n~ ag t~at cena~ t~ct, pa~ or lot of/a~ out of the MARY L AUSTI~ SU~VEY A4, ~ t~e C~y of Denton, Denton County, Texas, a~ d~c~bed by County ~lerk~ F~e ~9~-~00~30~ P~peffy Records, ~ebTon Cou~, Text, a~ ~ mom paff~o/a~y d~c~ ag Inflows: AEG/N~/NG at a ~ ~[mn ~d fo~ [~r t~e ~o~hwest comer of flEXON COONTY EIECTR/E EOOP. ADDff/ON, an affdit~ to the City of Oenton, Denton County, ~exas, acco~ to t~e p/at t~ar~f reco~ ~ Cabinet O, S~da 80, P/at RecD,, Oeaton Count, Texa~, sa~ ~a ~d a~o bei~ · the east 5ne of that t~act of /aM d~c~ed by ~e~ ~ ifl Vo~me ~L Page 484, Reco~s, Oeflton Eo~ty, T~a$, Aa~ Texas C~ioate S~t~, ~o~h Ee~fal Zone, ~9~-~999 :oo~[nat~ ely - 239834Z7~ y - 7~ 208~5.4~' THENCE wit~ ~ east ~e, Nodh ~I °2423" East a d~tancA of 15.2~ feet to a ~8" ~o~ wd set for com~' THEgCE ~oeth ~[ o [ 45~" E~st a ~tance of 2~. 4~ feet to a ~B" [~n rod s~t for an a~/e point; THENCE No~h 75°~'56" East a di~ance of 3~49 feet w a 5t8" ~n rod set for ~r~ sa~ ~o~ ~d also the beginni~ of a non.talent cu~e to the ~ having a d~ of 4°42'37~ ha~ radius ~f 279~.79 [eec and wh~e cmtor bea~ NoffA 57~4~31' THENCE a/o~ sa~ cu~e to the/e~ ~f an am d~to~e of 229,~ feet to a ~8" ~on ~ set fo[ t~e Jnter~ect~n af ~a~ cu~e ~h t~e w~t ~h&of-way ~na of $ob7b Loop 288,/mm wh~ a fou~ 7EE~EE with see we~t dght-of-way ~, ~o~ 23~0354" W~t, a distance =f ~24 feet to a ~und TXEdT aluminum di~k f=~ t~e beginning of a nen.tanE~t cume t~ the ~b~ ha~ a d~a of 3005, 47 ~having a radi~ of 2~.~ fee~' and whose cante~ beam ~o~ E~=32'~" TEEgEE a~ sa~ cume to the ~ht for an am d~tance of 15L~ feet to a [ouM TXnET alum~um d~k for e~ of =ald cu~ sa~ atumimm d~k al~o b~ ~e mKh~ ~m~us of the way clip ~twe~ ~a~ South Loop 288 and ~cer Road; TEE~CE with ~a~ ~ht-ef-way cF~, EobT~ 74=4~" ~ a distance of YZ ~ 5 feet to a ~ "imn md found for a~gie po/nC =aE iron rod bei~ the southern tem~u~ of see ~ht*of*way cEp and b~in the no~h ~ht. of. way ~e of E~cer TEEEEE with see mdb ~ht-of-way I~e of Ep~w R=ad, ~o~ 7~° Il '3i" W~t a d~tance of 24~3~ ~et to a I/2" kon md found ~r a~ angle point THEBES ~oKh 870282~' We~t a d~tonce of 80.3E feet to a ~"~on ~d found for the =outhe~t com~ o~ CUEHMA~ AODfflO~ an addition to the City of O~ten, O~nton :oun~, according to t~e plat t~a~of reco~ in Ca,et O, S~e 34~ Plat E~o~s of O~ton Cmnty, Texa~ THEECE wffh the south J~e of see add~/on, No~h 88033'2~ We~t a d~taflce of $E. 7~ feet to a ~'iwn wd found for the southwest comer of LOT L BLOCK I, CUSHMA~ ADDITIOE, fwm ~[ch a ~'i~n tod found for Ge easto~ southeast com~ of DEETOE COUETY ELECTRIC COOP. AOOfflOg, an add~ion to ~a City of Oaato~ Oenton Count, Tex~ acco~i~ to the plat th~reof recO~ in Cabinet O, Sf~e ~O, P/at Eacords of Dentnn County, Texas baar~, South ~2~132E" East, ZE2 feet; TEEECE ~aving said south J~e and w~h ~e west J~e of ~aE addition, Eoc~ ~59E8' We~t a distance of Z53 feet to a ~"~on rod fou~ for t~a southeast co~ of DE~ON EIEC~IC COOP. B~81~$, D~tances, a~ Coordinat~ sho~ ~ hereon are g~M per the T~s Coo~din~t~ S~tem, No~h C~t~l Zone, 1983.1999 datum. To obtain sudace d~tancas, muff~ by L0001 ~50 the di~tanca~ ~owfl S:~Su~ey~Fom~.O~ E~ ~ "Dedicatedwww. ci~ofden~on.comtO Quality Se~ice" AGENDA INFORMATION SHEET AGENDA DATE: June 17, 2003 DEPARTMENT: CM/DCM/ACM: Engineering Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 0.095 acre tract or parcel of land in fee simple for street, mility and right-of-way purposes, such title to be in the name of the City of Denton and said property being located in the Mary Austin Survey, Abstract Number 4 in Denton County, Texas and being out of that certain tract or parcel of land in a deed to Charles E. Bailey recorded under Clerk's File Number 98-R0035413 in of the Real Property Records of DeNon County, Texas; authorizing the City Manager, or his designee, to make an offer to purchase the property for its just compensation and if such offer is refused, authorizing the City Attorney, or his designee, to institute the necessary proceedings in condemnation to acquire the property for street, mility and right- of-way purposes; and declaring an effective date. BACKGROUND Staff is curremly involved in procuring the right-of-way necessary to widen existing Spencer Road from an existing two-lane rural section (with borrow ditches) to a proposed four-lane urban section (curb, gutter and underground storm drainage improvemems). We have been working in concert with the design firm, Teague Nall Perkins and their right-of-way acquisition firm, Ken Martin & Associates in engaging the affected property owners along the route to determine the configuration of the necessary right-of-way tracts and the valuations associated with those parcels. A real estate appraisal firm, Sargem Appraisal Company, has been engaged to determine just compensation for the necessary tracts. A formal offer for just compensation is in process to Mr. Bailey ($15,077.® total - $3.25 per square foot for right-of-way, $1,628 for improvemems within the take area (section of paved drive, gravel drive & fence) and we are hopeful that we will be able to reach equitable terms with him. The timing of the Spencer Road widening project requires that we prepare on two levels: 1 - Work diligently with the affected property owners to reach settlement; and 2 - make preparations to acquire the property using eminem domain, so as not to delay the timing of the road construction. OPTIONS 1. Approve the ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends authorization to use eminent domain to acquire the necessary right-of-way tract, should negotiation efforts fail. ESTIMATED PROJECT SCHEDULE Summer 2003 PRIOR ACTION/REVIEW None FISCAL INFORMATION $15,077.°° plus condemnation costs ATTACHMENTS > Location map > Draft ordinance Prepared By: Paul Williamson Real Estate & Capital Support Manager Respectfully submitted: Charles Fiedler, Director Engineering Department Location Map S:\Our DocumentskOrdinances\03~Spencer Road - Bailey * Condemnation.doc ORDINANCE NO. AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.095 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET, UTILITY AND RIGHT-OF-WAY PURPOSES, SUCH TITLE TO BE IN THE NAME OF THE CITY OF DENTON AND SAID PROPERTY BEING LOCATED IN THE MARY AUSTIN SURVEY, ABSTRACT NUMBER 4 IN DENTON COUNTY, TEXAS AND BEING OUT OF THAT CERTAIN TRACT OR PARCEL OF LAND IN A DEED TO CHARLES E. B_AII.EY RECORDED UNDER CLERK'S FILE NUMBER 98-R0035413 IN OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS JUST COMPENSATION AND ll:; SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION TO ACQUIRE THE PROPERTY FOR STREET, UTILITY AND RIGHT-OF-WAY PURPOSES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby require the acquisition of fee simple title for street, utility and right-of- way purposes, the real property described herein below, with such fee simple title vesting in the City of Denton; and WHEREAS, the hereinafter described property is believed to be owned by Charles E. Bailey ("Owner"); 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 SECTION 2. Public necessity exists and public welfare and convenience require the acquisition of fee simple title, with such fee simple title vesting in the City of Denton in that certain tract or parcel of land containing approximately 0.095 acre located in Denton County, Texas, together with improvements thereon and appurtenances thereto as more particularly described in Exhibit "B" and illustrated in Exhibit "A", attached hereto and made a part hereof by reference (the "Property"). The Property is being acquired for street, utility and fight-of-way purposes. SECTION 3. The City Council f'mds that $15,077.® (the "Compensation") is just compensation for the Property including damages to the remainder, if any, said stun being based on an independent appraisal obtained by the City. The City Manager or his designee is hereby authorized and directed to make an offer for the Property to the Owner of the Property in the amount of the Compensation. SECTION 4. In the event the offer as described in Section 3 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 Property to acquire fee simple title in the Property for the purposes described in Section 2 above, with such fee simple title vesting in the City of Denton. SECTION 5. If it should be subsequently determined that additional parties other than those named herein have an interest in the Property, then in that event, the City Attorney or his designee is authorized and directed to join said parties as Defendants in said condemnation. SECTION 6. This ordinance shalI become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 DENTON CROSSING' CAB. U, SLIDE 598 P.R.D.C.T, DENTON EXHIBIT'8' Legal Description for a strip of land not of the MARY1, ADS TIN $1]RVEY A.4 Denton, Denton County, Texas Being ali that certain tract, parcel, or strip of land out of the MARY !. AESTIN SI/RVEY A.4, in the City of Denton, Denton County, Texas, descr/hed hy deed recorded in County Clerks File #DB-BO0354/3, Denton County, Texas, and being more particularly described as follows: OE$1NNING at a fouodl/2'iron rod far the northeast corner of tOT 1, DIOCK A, THE WATERFORD AT SPENCER OAKS, an add/t/on to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet N, Slide 22f, Plat Records, Denton County, Texas, said iron also be/nE in the south right-of-way line of Spencer Read and having Texas Coordinate System, North Central Zone, 7£B3-1£95 coordinates ef x - 235B / B L 45, y - 7120833.58 feet; THENCE.. with said.exist/n# north ri#bt-of-way//ne, North B5~7 ' 28" East e d/stance of 390.65 feet to e I/2" iron rod found for the northwest comer of DENTON CROSSING, an add/t/on to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cab/net U, Slide 598, Plat Records, Denton County, Texas; THENCE: with said west line, South Ol °27' 50" East, 25.83 feet to a 518"iron rod set for corner; THENCE: leaving said west line, North E£°/ / 73" West a distance of 23L 46 feet to a 5lB" iron rod set for the heginning of tangent curve to the/eft, hay/nE a delta of 5° 5723", edda radius of B60. OO feeC THENCE: a/onE said curve to the left for an arc d/stance of ER.40 feet to a 5/8"iron md set for the end of said curve; THEN£E: South 84°51' 24" W~st a d/stance of 65.74 feet to a 5/$"/rna rod set for corner in the east//ne of lOT L BlOClf A, THE WATERFORD AT $PEEEER O~S, an a~ffition to the City of ~ento~, ~enton County, Texas, accord/nE to t~a p/at t~efeof mcorded iff Cabinet ~ S//de 22/, P/at Records, Eenton County, Texas; THEECE: with said east//ne, North 00° 55' 38" West, a d/stance of 3.50 feet to the PO/ET OF BEGINNING end CONTAINING 0.095 acres of lan~ more or/ess as surveyed by john nell jf. rills # 1970 during the months of June and July 2002. BEARINGS, O/stances, and Coordinates shown hereon are grid per the Texas Coordinate System, North Central Zone, /983 datum. To obtain surface d/stances, multiply by L000/5450 the distances shown. Areas shown are surface. See attached Survey Sketch jn/L-OO73r; "D d ..... e tcated to Quahty Servwe www. cityofden ton.com AGENDA INFORMATION SHEET AGENDA DATE: May 13, 2003 DEPARTMENT: CM/DCM/ACM: Engineering Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance abandoning and vacating a portion of an electric line easemem from L. R. Strickland to Brazos River Transmission Electric Cooperative, inc. recorded in Volume 386, Page 59 of the Deed Records of DeNon County, Texas, and abandoning and vacating a portion of an electric line easemem from Grace Starr Copeland, James C. Copeland, Maude Starr Ellis, J. F. Start, C.D. Starr, W. P. Starr, Ann R. Boyd, F. L. Starr, Annie Starr Whaley, Jack Starr, Eunice Star Thomas, T. M. Starr, Susie Start Sargent, O. L. Sargent, B. L. Ellis and C. M. Star to Brazos River Transmission Electric Cooperative, Inc. recorded in Volume 384, Page 121 of the Deed Records of Denton County, Texas, and both easemems subsequemly assigned to the City of DeNon in an instrumem recorded in Volume 2736, Page 825 of the Real Property Records of Demon County, Texas in the Samuel Kephart Survey, Abstract No. 721 and the George McGlothlin Survey, Abstract No. 888 and the A. Serren Survey, Abstract No. 1198 and the B.B.B. & C.R.R. Survey, Abstract No. 190, said portion being on the tracts of land as described in the deed to Lake Sharon L.P. recorded in Volume 4122, Page 1957 and Volume 4017, Page 875 of the Real Property Records, DeNon County, Texas and the deed to ACLP Swisher Road Commercial, L.P. recorded by County Clerk file number 99-R0006837 Real Property Records, DeNon County, Texas, and the deed to Lake Sharon Christian Cemer inc., recorded in Volume 4107, Page 2239, Real Property Records, DeNon County, Texas and declaring an effective date. BACKGROUND Several years ago DeNon Municipal Electric "DME" along with the developers of Lake Sharon Estates, the City of Corinth and the Timberland Company had agreed in principle to an alignmem change of DME's transmission circuit feeding the southeastern section of the service area known as the "Brazos Line". The agreement stated that the Developer was to acquire the necessary easements for the alternative Electric Line, and DME would construct the Alternative electric line within the acquired easements. DME and the Developer agreed on the Alternative Electric line and that DME would be the sole provider of electric service to Lake Sharon Estates Phase iii. The existing line known as the "Brazos line" was purchased from Brazos Electric in October of 1987, the actual line itself was constructed in the early 1950's, and was approximately 53 years old. The location of the new electric line parallels future roadways, which will make it easier to access, inspect and maimain the line. On November 6, 2001 the City of DeNon City Council approved Ordinance number 2001-426 which abandoned and vacated a portion of the City of DeNon Electric line easemem known as the "Brazos Line" across Lots 9,16,17,18 & 19, Block D and within the street right-of-way of indian Lake Trail, all within the Amended Final Plat of Lake Sharon Estates, City of Corinth, Texas. At this time it is our intent to abandon the remainder portion of our easement interests as it affects the above mention tracts of land. An alternative alignmem has been established, the relocated electric line has been constructed and is energized. OPTIONS 1. Approve the ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the draft Ordinance. ESTIMATED PROJECT SCHEDULE Electric line has been relocated PRIOR ACTION/REVIEW None FISCAL INFORMATION Alternative easements have been granted for the alternative electric line to ensure connectivity, the location of the new electric line parallels future roadways, which will make it easier to access, inspect & maintain the line. The existing line was about 53 years old. Also, the relocated line will provide optimal service opportunities for future developments and with Phase III of the Lake Sharon Estates Subdivision. ATTACHMENTS Location map Draft ordinance Prepared By: Mark A. Laird Technical Assistant Real Estate & Capital Support Division Respectfully submitted: Charles Fiedler, Director Engineering Department Location Map LEA ~T_,HE~ ILl Z Relocated Electric Line -- NORTH Drawn By: Mark A. Laird Date: 5/23/03 Project Name: Lake Sharon Properties Scale: Not to Scale "~¢ Section of Easement Abandoned by Ordinance No. 2001-426 within Lake Sharon Estates Notes: ORDINANCE NO. AN ORDINANCE ABANDONING AND VACATING A PORTION OF AN ELECTRIC LINE EASEMENT FROM L. R. STRICKLAND TO BRAZOS RIVER TRANSMISSION ELECTRiC COOPERATIVE, INC. RECORDED IN VOLUME 386, PAGE 59 OF TIlE DEED RECORDS OF DENTON COUNTY, TEXAS AND A PORTION OF AN ELECTRIC LINE EASEMENT FROM GRACE STARR COPELAND, JAMES C. COPELAND, MAUDE STARR ELLIS, J. F. STARR, C.D. STAR, W. P. STARR, ANN R. BOYD, F. L. STARR, ANNIE STARR WHALEY, JACK STARR, EUNICE STAR THOMAS, T. M. STARR, SUSIE STARR SARGENT, O. L. SARGENT, B. L. ELLIS AND C. M. STAR TO BRAZOS RIVER TRANSMISSION ELECTRIC. COOPERATIVE, INC. RECORDED IN VOLUME 384, PAGE 121 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND SUBSEQUENTLY ASSIGNED TO THE CITY OF DENTON IN AN INSTRUMENT RECORDED IN VOLUME 2736, PAGE 825 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS IN THE SAMUEL KEPHART SURVEY, ABSTRACT NO. 721 AND THE GEORGE MCGLOTHLIN SURVEY, ABSTRACT NO. 888 AND THE A. SERREN SURVEY, ABSTRACT NO. 1198 AND THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 190, SAID PORTION BEING ON THE TRACTS OF LAND AS DESCRIBED IN THE DEED TO LAKE SHARON L.P. RECORDED IN VOLUME 4122, PAGE 1957 AND VOLUME 4017, PAGE 875 OF THE DEED RECORDS, DENTON COUNTY, TEXAS AND THE DEED TO ACLP SWISHER ROAD COMMERCIAL, L.P. RECORDED BY COUNTY CLERK FILE NUMBER 99-R0006837 REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND THE DEED TO LAKE SHARON CHRISTIAN CENTER INC., RECORDED IN VOLUME 4107, PAGE 2239, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request for the abandonment of a portion of that certain electric easement recorded in volume 2736, page 825 of the Real Property Records of Denton County, Texas (the "Electric Easement") from the underlying and abutting fee simple owner; and WHEREAS, the portion of the Electric Easement to be abandoned is illustrated in Exhibit "A" and described in Exhibit "B", attached hereto and made a part hereof by reference (the "Abandoned Area"); and WHEREAS, the City of Denton Engineering Department has reviewed the Abandoned Area and determined that this easement area is not needed for future electric utility purposes; and WHEREAS, the City Council hereby finds and determines that the Abandoned Area is not needed for electric easement purposes and it is in the public interest to abandon the Abandoned Area and the City's interests therein to the current underlying and abutting landowner ("Current Owner"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. The Abandoned Area is vacated and permanently abandoned as an Electric Easement. All other portions of the Electric Easement not abandoned herein or previously abandoned wilt remain in full force and effect. SECTION 2. The interests of the City of Denton in the Abandoned Area are 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 ,2003 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBE~~TTORNEY B Y , NORTH Sa~e & Except T~ 1 De~il Relocated Electric Une Save & Except Tract 2 Debatl Project Name: Lake Sharon PropeCdes ] EXHIBIT A Exhibit B LEGAL DESCRIPTION On a porEon o£ an Electric Easement Out of the A.H. ~ERREN SURVEY A-1198, the ~. KEPHART SL/RVEY A.72~, the GEORGE FY. McGLO~N SURVEY A-ESE, and the 8.8.8. & C. RR SURVEY A-190 Con'nth, Denton County~ Texas 8EI~ all that certain tract, parcd or strip o£1and out of the A.H. 5ERREN SURVEY A-Ilg~, the E. KEPHART SURVEY A721, the George W. McGLOTHLIN $URVEY A-~ and ~ 8.8.8. & C. RR SURVEY A~lgO in the of Corinth, Denton County, Texas ~'bed by ea~zment~ recorded in Volume 386, Page 59 and Volume Page 121 Deed Records, Denton County, Texas and the center line of the said easement more parb'culady described as follows: BEGINNING at a point/n the north line of the tract described by deed recorded in Volume 446~ Page 657, Deed Records, Denton County, Texas that is 69Z6 feet, S 6~° ~IO'E from the corner described in the easement as "an L corner between the ~)uth ~ A.H. Serren Survey & 8.8.8. & C.R.R. SurveyS, that has Texas Coordinate System, North Central Zone 198~-1~ coordinate~ of X = 2400408.S7 and Y = 7101477. ~4 feet; THENCE: leawng the said north line, S 38° 22' W, 1162.0 feet to a point between the remains of two old power poles for an angle point; THENCE: conO'nuing with the center of the said easement, S IS° ~11' W, 1201.0 feet to an angle point in the said easemenC THENCE.. $ 75° 55' W, 893.0 feet to an angle point /n the said easement; THENCE... $ $6° 25' W; pa~/ng at 239 feet a ~ line;/n all, 6~2.8 ~eet to a point ~r corner in a fence line and the west ride of that tract de$o~bed in Volume 15~, Page 401, Deed Recoro~, Denton County, Texas. This being the centerline as found on the ground during the months of February through April 2003, and the original document b~'ng thirty feet either side of this described line. 5A VE & E~CEPT THE F-OL~OWI~ TWO TRACTS: BEING all that certain tract, parcel, or sl~'p of/and out of the A.H. Eerren Survey A-11~ in the Ob/, of Codnth, Denton County, Texas described by the document recorded in Volume $~ Page $9, Deed Records of Denton County, Texas and more pa~'cularly desoT'bed as fdlow$: BEGINNING at a point for comer in the north fence line of the tract de~dbed by oL~ed recorded in Volume ~ Page 657 Deed Records of Denton County, Texas O~at i$ 360.1 feet, $ 89° ~'E ~om a one-half inch iron rod found ~ the northeast corner of that tract descn'bed by deed recorded in Volume 4017, Page 875 Rea/ Property Records, Denton County, Texas and hav~ng Texas Coordinate System, North Central Zone lgE~-I~ coordinates of X--2 ~$ 70. ~15 and Y= 71014 77. 61 ~et; THENCE: with the north line of ~ said trac~' $ 8g° 44' E, 76.2 t~et to a point l~r comer; THENCe: lea~fng the said line, $ $8° 22' ~' being 30 ~ from and parallel with b~e removed electric transmission line, 103.5 feet to a point for corner; ~ Page Two, Lake Sharon THENCE: N $1° 38' W, 60.0 feet to a point for a corner; THENCE: N 38° 22'E, 56.5 feet to the place of beginning and contain/ng 0.1102 acres of land more or less as surveyed by john nail jr rpl$ #1970 during the month of April 2003. BEING all that certain tract, parcel, or stdp of land out of the GEORGE McGLOTHLIN SURVEY A-SEE in the Ob/ of Codnth, Denton County, Texas described by the document recoroL~d in Vdume 151, Page 401, Deed Records of Denton County, Texas and more padi'culady described as fo~lows: 8EGINNItVG at a point for corner in the north fence line of the tract descd~ by deed recorded in Vdume 1549, Page 955, Real Property Records of Denton County, Texas that i$ 32& 9 feet, S O~ o 00' FY from a one- half inch iron rod found for the northwest corner of that tract described by deed recorded in Volume 4262, Page 121 Rea/Property Records, Denton County, Texas and hay~rig Texas Coordinate System, North Central Zone 19~3-1999 coordinates ofX=2598144.96 and Y=7098700.20 feet; THENCE; leaving the said line, N $6° 23'E, 10. 7 feet to a point for a comer; THENCE.- SS3" $7'E, 60.0 feet to a point for corner in the old southeast line of the said easement de~#bed in Volume 384, Page 121, Deed Records of Denton County, Texas; TH~. wi~ the said easement line, 5~6° 23' W, 89.3 feet to a point for corner in the west line of the said tract described by deed recorded in Volume 1549, Page 95S, Deed Records of Denton County, Texas THENCE: with the said line, N 01° tiff' FY, 98.8 feet to the place of beginning and containing 0.~ acres of /and more or/ess as surveyed by jofln nail jr rpl$ # 1970 during the month of April 2D05. Searings, distances and coordinates shown here/n are grid per the Texas Coordinate System. To obtain surface d/stance& mu/tiply by 1.0001546. Areas shown are surface. $: Isun,eylemp[i~luSlityllakesflarom. doc AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: June 17, 2003 Engineering Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of a sanitary sewer easement in, over, on, across, and under an approximate 0.7827 acre tract or parcel of land, a temporary construction easement containing approximately 0.2878 acres of land, and a temporary construction easement containing approximately 1.0946 acres of land, all tracts being located in the Mary L. Austin Survey, Abstract No. 4 in Denton County, Texas and being part of a tract or parcel of land owned by Kent Key and John Rainey; authorizing the City Manager or his designee to make an offer to purchase the easements for their 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; and declaring an effective date. BACKGROUND I met with the Mr. Kent Key on March 4, 2003 to discuss the sanitary sewer project and the need for the permanent and temporary easement tracts adjacent to an existing easement across the southern half of the property. A copy of the easement document and the project plans were left with Mr. Key. An offer, based on an informal staff appraisal, was made via a letter dated March 18, 2003. A follow-up letter was sent April 17, 2003. I had a conversation with Mr. Key in late April, and I sent him a letter on May 1, 2003 chronicling the major points of our discussion. Mr. Key was concerned that our offer was too low and that he inferred that his overall tract had appraised at a much higher amount. The financial impact and terms of the counter-offer are not consistent with Staff's opinion of value. I commissioned the services of Steve Kunkel & Associates to perform a real estate appraisal to determine the value of the permanent easement tract, the value of the temporary construction easement tracts and to ascertain damages to the remainder property, if any. The value of the permanent easement and the temporary easements has been determined to be $5,000.®, with no damages to the remainder property found. The timing of the overall sanitary sewer project requires us to proceed with active negotiations on one hand while preparing to acquire the necessary easements using eminent domain, should our negotiation efforts fail. The City of Denton is under an administrative order from the Texas Commission for Environmental Quality to upgrade the sanitary sewer interceptors in the Pecan Creek sewer-shed, of which, the portion crossing the Key/Rainey tract is integral. OPTIONS 1. Approve the ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the ordinance and acquisitions. ESTIMATED PROJECT SCHEDULE Project start date in Summer 2003. PRIOR ACTION/REVIEW None. FISCAL INFORMATION Just compensation of $5,000, plus administrative fees to process the eminent domain action. ATTACHMENTS > Location map > Draft ordinance Prepared By: Doreen Devore Technical Assistant Respectfully submitted: Charles Fiedler, Director Engineering Department PECAN CREEK INTERCEPTOR ORDINANCE NO. AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A SANITARY SEWER EASEMENT IN, OVER, ON, ACROSS, AND UNDER AN APPROXIMATE 0.7827 ACRE TRACT OR PARCEL OF LAND, A TEMPORARY CONSTRUCTION EASEMENT CONTAINING APPROXIMATELY 0.2878 ACRES OF LAND, AND A TEMPORARY CONSTRUCTION EASEMENT CONTAINING APPROXIMATELY 1.0946 ACRES OF LAND, ALL TRACTS BEING LOCATED IN THE MARY L. AUSTIN SURVEY, ABSTRACT NO. 4 IN DENTON COUNTY, TEXAS AND BEING PART OF A TRACT OR PARCEL OF LAND OWNED BY KENT KEY AND JOHN RAINEY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE EASEMENTS FOR THEIR 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; AND DECLARING AN EFFECTIVE DATE. WHEREAS, it is hereby determined that a pubhc necessity exists and that public welfare and convenience hereby require the acquisition of the real property interests as hereinafter described; and WHEREAS, the hereinafter described property is believed to be owned by Kent Key and John Rainey and (the "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 the following: a sanitary sewer easement in the name of the City of Denton, Texas for the construction, reconstruction, installation and maintenance of sanitary sewer utihties, in, over, on, across, and under that certain tract or parcel of land containing approximately 0.7827 acres as more particularly described in Exhibit "A", attached hereto and made a part hereof by reference (the "Sanitary Sewer Easement") and as depicted on Exhibit "D", attached hereto and made a part hereof by reference; a temporary construction easement in the name of the City of Denton, Texas on and across that certain tract or parcel of land containing approximately 0.2878 acres as more particularly described in Exhibit "B' attached hereto and made a part hereof by reference (the "Temporary Construction Easement'') and as depicted on Exhibit "D", and a temporary construction easement in the name of the City of Denton, Texas on and across that certain tract or parcel of land containing approximately 1.0946 acres as more particularly described in Exhibit "C" attached hereto and made a part hereof by reference (the "Temporary Construction Easement") and as depicted on Exhibit "D", to use for access, staging, and placement of materials, equipment and supplies in conjunction with construction activities for the construction and installation of sanitary sewer utilities provided for by the Sanitary Sewer Easement (the "Construction Activities"), with said Temporary Construction Easements expiring upon the completion of the Construction Activities or two years fi:om the date the City of Denton takes possession of the Temporary Construction Easement property, which ever occurs first. The Sanitary Sewer Easement and Temporary Construction Easements are hereinafter collectively called the "Easements". SECTION 2. The City Council finds that there is a public necessity and public need to acquire the Sanitary Sewer Easement and the Temporary Construction Easements in the size, scope, width, and dimensions of the Easements and for the for the purposes stated in this ordinance. SECTION 3. The City Council f'mds that $5,000.00 (the "Compensation") is just compensation for the Easements including damages to the remainder, if any, said sum being based on an independent appraisal obtained by the City. The City Manager or his designee is hereby authorized and directed to make an offer for the Easements to the owner of the property containing the Easements (the "Property") in the amount of the Compensation. SECTION 4. In the event the offer as described in Section 3 is refused by the Owner, the City Attorney or his designee is hereby authorized and directed to file the necessary condenmation proceedings or suit and take whatever action that may be necessary against the Owner and any other parties having an interest in the Property to acquire the Easements in the name of the City of Denton, Texas, as provided in Section 1 above. SECTION 5. If it should be subsequently determined that additional parties other than those named herein have an interest in the Property, then in that event, the City Attorney or his designee is authorized and directed to join said parties as defendants in said condemnation. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL F~RM: HERB~Y ATTORNEY BY: - ~ Page 2 PARCEL NO. 6 PECAN CREEK SANITARY SEWER INTERCEPTOR CITY OF DENTON EXHIBIT "A" PERMANENT SANITARY SEWER EASEMENT MARY L AUSTIN SURVEY, ABSTRACT NO. 4 DENTON COUNTY, TEXAS SITUATED in the City of Denton, Denton County, Texas and being a strip of land out of the Mary L. Austin Survey, Abstract No. 4 ~uld being out ora 34.05 acre tract of land conveyed to Kent Key and John Rainey by deed recorded in Volume 3378, Page 138 of the Deed Records of Denton County, Texas (D.R.D.C.T.), said strip of land being herein described as a proposed variable width Permanent Sanitary Sewer Easement and being herein more particularly described by metes and bounds as follows: ' BEGINNING at a point on the southerly property line of the said Key and Rainey tract and on the northerly property line of a tract of land conveyed to Staff Realty, Inc. by deed recorded in Denton County Clerk's File No. 94-006845 of the D.R.D.C.T.; said point being located South 84 degrees 17 minutes 55 seconds East 318.92 feet from the southwest property corner of the said Key and Rainey tract; THENCE, North 57 degrees 38 minutes 45 seconds East 178.09 feet to a point; THENCE, South 79 degrees 02 minutes 59 seconds East 454.16 feet to a point; THENCE, North 63 degrees 38 minutes 18 seconds East 588.36 feet to a point; THENCE, North 63 degrees 49 minutes 01 second East 223.33 feet to a point; THENCE, North 76 degrees 21 minutes 48 seconds East 13.49 feet to a point on the easterly property line of the said Key and Rainey tract and on the westerly right-of-way line of Loop 288; THENCE, South 00 degrees 42 minutes 41 seconds West, along the said property line and said right- of-way line, 25.31 feet to a point on the northerly edge of an existing 10 foot wide easement recorded in Volmne 504, Page 604 of the D.R.D.C.T.; THENCE, South 63 degrees 49 minutes 25 seconds West, along the said edge of the existing easement, 819.15 feet to a point; THENCE, North 78 degrees 56 minutes 53 seconds West, continuing along the said edge of the existing easement, 449.97 feet to a point; THENCE, South 58 degrees 38 minutes 19 seconds West, continuing along the said of the existing easement, 144.57 feet to a point on the said southerly property line of the Key and Rainey tract and on the said northerly property line of the Staff Realty tract; THENCE, North 84 degrees 17 minutes 55 seconds West, along the said property lines, 36.68 feet to the POINT OF BEGINNING. The proposed Permanent Sanitary Server Easement being herein described contains 0.7827 acres (34,094 square feet) of land. I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Spooncr and Associates, Inc. By: ShaUn Spooner ~r Registered Professional Land Surveyor, Texas No. 4183 Date of Survey: 1-2 t-03 PARCEL NO. 6 PECAN'CREEK SANITARY SEWER INTERCEPTOR CITY OF DENTON EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT MARY L. AUSTIN SURVEY, ABSTRACT NO. 4 DENTON COUNTY, TEXAS SITUATED in the City of Denton, Denton County, Texas and being a strip of land out of the Mary L. Austin Survey, Abstract No. 4 and being out ora 34.05 acre tract of land conveyed to Kent Key and John Rainey by deed recorded in Volume 3378, Page. 138 of the Deed Records of Denton County, Texas (D.R.D.C.T.), said strip of land being herein described as a proposed 45.00 foot wide Temporary Construction Easement and being herein more particularly described by metes and bounds as follows: BEGINNING at a. point on the southerly property line of the said Key and Rainey tract and on the northerly property line ora tract of land conveyed to StaffRealty, Inc. by deed recorded in Denton County Clerk's File No. 94-006845 of the D.R.D.C.T. said point being located South 84 degrees 17 minutes 55 seconds East 245.92 feet from the southwest property corner of the said Key and Rainey tract; THENCE, North 57 degrees 38 minutes 45 seconds East 253.44 feet to a point; THENCE, South 79 degrees 02 minutes 59 seconds East 71.80 feet to a point; THENCE, South t 0 degrees 57 minutes 01 second West 45.00 feet to a point: THENCE, North 79 degrees 02 minutes 59 seconds West 53.93 feet to a point; THENCE, South 57 degrees 38 minutes 45 seconds West I78.09 feet to a poiat on the said southerly property tine of the Key and Rainey tract and on the said northerly property line of the StaffRealty tract; THENCE, Nortli 84 degrees 17 minutes 55 seconds West, along the said property lines, 73.00 feet to the POINT OF BEGINNING. The proposed Temporary Construction Easement being herein described contains 0.2878 acres (12,538 square feet) of land. I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND TI IAT SAME IS TRUE AND 'CORRECT. Company Name: Spooner and Associates, Inc. By: ~~ Registered Professional Land Surveyor, Texas No. 4183 Date of Survey: 1-21-03 PARCEL NO. 6 PECAN CREEK SANITARY SEWER INTERCEPTOR CITY OF DENTON EXHIBIT "C" TEMPORARY CONSTRUCTION EASEMENT MARY L. AUSTIN SURVEY, ABSTRACT NO. 4 DENTON COUNTY, TEXAS SITUATED in the City of Denton, Denton County, Texas and being a strip of land out of the Mary L. Austin Survey, Abstract No. 4 and being out of a 34.05 acre tract of land conveyed to Kent Key and John Rainey by deed recorded in Volume 3378, Page 138 of the Deed Records of Denton County, Texas (D.R.D.C.T.), said strip of land being heroin described as a proposed 45.00 foot wide Temporary Construction Easement and being herein more particularly described by metes and bounds as follows: BEGINNING at a point on the easterly property line of the said Key and Rainey tract and on the westerly right-of-way line of Loop 288, said point being Iocated North 00 degrees 42 minutes 41 seconds East 314.65 feet from the southeast property corner of the said Key and Rainey tract; THENCE, South 76 degrees 21 minutes 48 seconds West 13A9 feet to a point; THENCE, South 63 degrees 49 minutes 0I second West 223.33 feet to a point; THENCE, South 63 degrees 38 minutes 18 seconds West 588.36 feet to a point; THENCE, North 79 degrees 02 minutes 59 seconds West 238.78 feet to a point; THENCE, North 10 degrees 57 minutes 01 second East 45.00 feet to a point; THENCE, South 79 degrees 02 minutes 59 seconds East 223.58 feet to a point; THENCE, North 63 degrees 38 minutes 18 seconds East 573.24 feet to a point; THENCE, North 63 degrees 49 minutes 01 second East 228.35 feet to a point; THENCE, North 76 degrees 21 minutes 48 seconds East 29.94 feet to a point on the said easterly property line of the Key and Rainey tract and on the said westerly right-of-way line of Loop 288; THENCE, South 00 degrees 42 minutes 41 seconds West, along the said property line and right-of- way line, 46.45 feet to the POINT OF BEGINNING. The proposed Temporary Construction Easement being herein described contains 1.0946 acres (47,679 square feet) of land. I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Spooner and Associates, Inc. Registered Professional Land Surveyor, Texas No. 4183 Date of Survey: 1-21-03 SURVEY: LOCATION: ]llllll] ]llJll ~ I '~Ct~'I DRAWING OF EXHIBITS "A" , "B!' & '~'°~u~,~ ;,. 77.51 · o ~ ,, ~ ~ 500'42'41"W N76'21 '48"E N76'21 '48"E N63'49'01 "E N63'4g'01 "E EX]STING 75' EASEMENT VOL. 1029, PC, 281 R.P.R.D.C.T. EXHIBIT "D" III II IIIII MARY L. AUSTIN, A-4 IEASEMENT AREA: PARCEL NO.: 6 DENTON, DENTON CO., TEXAS PERMANENT: 0.7827 AC. TEMPORARY: 1.3824 AC. LOOP 288 ,P.O,B. EXHIBIT "C" R.O.W. '°~ '41 "W 314.65' 28,9, ;34' ~25.31' .-¢.l N63'38'18"E 581 EXHIBIT PROPOSED 45' W1DE TEMPORARY CONSTRUCTION EASEM[ 1.0946 AC. (47,679 SQ. FT.) EXHIBIT "A" PROPOSED VARIABLE WIDTH PERMANENT SANITARY SEWER 0.7827 AC, (,34,094 SQ. FT.) 0 150' 500' GRAPHIC SCALE IN FEET I"= 150' KENT KEY & JOHN RAINEY 34,05 AC. VOL, 3378. PG. 138 D.R.D.C.T. HlO'! 4.5.00' ~ S10'57'01"w ----- ' 71.80' EXISTING 20' EASEMENT VOL 3079, PG. 365 PROPOSED 45' WIDE TEMPORARY CONSTRUC-flON EASEMENT P.O,B, EXHIBIT 0.2878 AC. (12,558 gQ, FT.) PL 584'17'55"E PECAN CREEK SANITARY SEWER INTERCEPTOR SANITARY SEWER EASEMENT CITY OF DENTON 215 E. McKINNEY DENTON., TEXAS 76201 s ,oo g ,ssoc. I 7417 CONTINENTAL TR. REGISTERED PROFESSIONAL I NORTH RICHLAND HILLS, TEXAS LAND SURVEYORS ........ I 76180 8t7-281-2355 10' EASEMENT VOL. 504, PG. 604 R.P.R.D.C.T. 819,15' 1 I I I I t I I I I' / '1 53"W 449,97' 4.54.16' STAFF REAL'r'(, INC. D.C.C.F.NO. 94-00684-5 O.R.D.C.T. 14-4,57' 36,68' P.O.B. EXHIBIT "A" ;318.92' DATE OF SURVEY: 1-21-03 S~A JOB NO. 1118-4-02 ACAD FILE 11 ! 8-PECAN-£SI~T AGENDA INFORMATION SHEET AGENDA DATE: June 17, 2003 DEPARTMENT: ACM: Electric ~.! Howard Martin, 349-8232 ~ SUBJECT Consider approval of an ordinance of the City Council of the City of Demon, Texas authorizing the City Manager to execute a Professional Services Agreement with R. J. Covington Consulting, LLC for consulting services relating to Task Order No. 03-E, regarding completion of a Fixed Asset Cost Separation Study relating to Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date. Consider approval of an ordinance of the City Council of the City of Demon, Texas authorizing the City Manager to execute a Professional Services Agreement with R. J. Covington Consulting, LLC for consulting services relating to Task Order No. 03-F, regarding the 2003 Transmission Cost of service filing at the Public Utility Commission of Texas relating to Demon municipal electric; authorizing the expenditure of funds therefor; and providing an effective date. BACKGROUND In 1996, as a result of action required by the Texas Legislature, the Public Utility Commission of Texas (PUCT) established a statewide transmission system. All electric utilities in Texas (including municipal utilities) were required to pay for transmission they used and recover their investment in transmission they had built through a PUCT dictated methodology. In order to recover Denton Municipal Electric's transmission investment, DME must file its cost data with the PUCT and receive a ruling from the PUCT establishing a DME transmission rate. This filing is referred to as a Transmission Cost of Service (TCOS) filing. DME made its first TCOS filing in 1996. On September 20~h, 2002, Denton filed with the PUC for an increase in TCOS. As a result of that filing, Demon's TCOS increased from $768,620 to $995,000 (29%). This increase of $226,380 will now be paid by other loads in the Electric Reliability Council of Texas (ERCOT) rather than being paid directly by DME customers. DME was also allowed to recover the consultant and attorney fees associated with preparation of its filing through a surcharge to those same ERCOT loads. There is reason to believe another filing that updates the TCOS revenue requirement to a 2002 test year could result in additional savings to DME customers. Preliminary estimates suggest that the TCOS could increase by over $600,000 over the level approved in the last case. Conservatively assuming PUC and intervener negotiations reduce that level by 50%, the annual benefit to DME would still be about $300,000 a year. This estimate is based on the following factors: 1. The Fixed Cost Separation Study will identify additional existing transmission plant that should be included in DME's TCOS. 2. Additional transmission construction has been completed and closed to books since the last filing. 3. Additional bonds were issued in 2002 and 2003 that include transmission work. The 2003 bond issue will be included as a known and measurable change. 4. Debt service associated with the 2001 issue was not in the FY 2001 test year used in the previous filing. Because the debt was issued but the debt service did not start until FY 2002, the allocation of the capital return component to the transmission function was understated. Task Order 03E - Fixed Asset Cost Separation Study Because the amount of dollars DME receives for use of its transmission system from other loads in ERCOT is based on the DME investment in its transmission facilities, including all reasonable transmission related costs in the DME TCOS filing is critical. The greater the costs recovered from other ERCOT loads, the less the costs that DME ratepayers have to pay. Before DME's transmission cost recovery was regulated by the PUC, there was no need for detailed fixed asset accounting. Many transmission/distribution substation costs have been placed in the DME fixed asset records as distribution plant. Therefore, they can not be claimed as part of the DME TCOS. Task Order 03E covers examination of the fixed asset records for all DME substations to identify all costs associated with transmission and correct the fixed asset records. The study will also include an allocation of joint costs in the substations, (fencing, building, grounding, etc.), between the transmission and distribution functions in a manner consistent with the PUC Substantive Rules. All work will be documented so that the DME fixed asset records can be permanently adjusted for the upcoming and subsequent TCOS filings before the PUC. Task Order 03F - 2003 Transmission Cost of Service Report Filing This Task Order covers the actual preparation and support of the TCOS filing through the entire process. This includes review and correction of a reasonable amount of problems with accounting records, negotiations with the PUC staff and interveners, and provision of supporting testimony. OPTIONS 1. Prepare and file a 2003 TCOS case with the PUC to seek recovery of DME transmission expenses not previously recovered. 2. Do not file a 2003 TCOS case with the PUC. RECOMMENDATIONS DME staff'recommends Option l(Prepare and file a 2003 TCOS case with the PUC to seek recovery of' DME transmission expenses not previously recovered. ESTIMATED SCHEDULE OF PROJECT Dependant on the schedule established by the PUC. PRIOR ACTION/REVIEW (Council, Boards, Commission) The Public Utility Board voted to approve the contract at its June 2, 2003 meeting by a vote of' 6 to 0. FISCAL INFORMATION Task Order 03E not to exceed $18,540. This cost may be recoverable through inclusion as a rate case expense. However, interveners or the PUC staff could contest its inclusion. Task Order 03F not to exceed $106,100. This cost should be recoverable as a rate case expense. EXHIBITS I II III IV V Ordinance Task Order 3E Agreement Task Order 3E Ordinance Task Order 3F Agreement Task Order 3F Public Utilities Board Meeting Minutes Respectfully submitted: Sharon Mays Director of' Electric Utilities ORDINANCE NO. 2003- AN ORDINANCE OF TIlE CiTY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CiTY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH R. J. COVINGTON CONSULTING, LLC FOR CONSULTING SERVICES RELATING TO TASK ORDER NO. 03-E, REGARDING COMPLETION OF A FIXED ASSET COST SEPARATION STUDY RELATiNG TO DENTON M-UNIC/PAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to engage the firm of R. J. Covington Consulting, LLC of Austin, Texas ("Covington"), to provide professional consulting se'vices to the City relating to Task Order No. 03-E, including, without limitation, se~wices that relate to a review of Denton Mmficipal Electric's ("DME") fixed assets, focusing on the substation assets; developing an adjusted net book value for those facilities for FY 2002; and prepming data for use in supporting the adjustments that will be made for the transmission cost of service filing with the Public Utility Commission of Texas; and WHEREAS, the City staffhas reported to the City Comacil that there is a substantial need for the above-described specialized professional services, and that limited City staff cannot adequately perform the services and tasks with its own personnel; and WI-/~REAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may ~mt select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, lmowledge, and qualifications, and for a fair and reasonable price; and WHEREAS, Covington lams represented DME continuously and ably over the past seven years, and has proven to be a valuable, affordable, competent, dependable professional resource that has expertise in and is well acquainted with the electric financial and regulatory fi'amework of Denton Mm~icipal Electric ("DME"). Covington and his staff are familiar with the characteristics and operations of DME; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth in the Professional Se'vices Agreement; NOW, THEREFORE, THE COUNCIL OF THE CiTY OF DENTON HEREBY ORDAINS: SECTION 1: That the City Manager is hereby authorized to execute a Professional Services Agreement with R. J. Covington Consulting, LLC of Austin, Texas, for professional consulting services relating to Task Order No. 03-E, to Denton Municipal Electric, in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference as Exhibit "A." EXHIBIT I SECTION 2: That the award of fl~s Ag-reement by the City is on the basis of demonstrated competence, knowledge, m~d qualifications of Covington and the ability of Covington to perform the professional services needed by the City for a fair and reasonable price. SECTION 3: That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. SECTION 4: That tkis ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED tiffs the day of ,2003. EUL/NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our DocumcntskOrdinane~\03kR J Covington Consulting LLC-DME-Ord Aprv TO-3-E 2003.doe 2 STATE OF TEXAS COUNTY OF DENTON PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES PERTAINING TO DENTON MUNICIPAL ELECTRIC TillS AGREEMENT is made and entered into as of the day of June, 2003, by mad between the City of Denton, a Texas Mm~icipal Corporation, with its principal office at 215 East McKinney Street, Denton, Texas 76201 ("CITY"); and R. J. COVINGTON CONSULTiNG, LLC, A Texas Lh~ted Liability Corporation, with its prh~cipal office at 13276 Research Blvd., Suite 2'01, Austin, Texas 78750, hereafter "COVINGTON'~; acting herein by and through tl~eir duly authorized representatives. WITNESSETH, that in consideration of the covenants, promises and agreements herein contained, the CITY and COVINGTON do hereby AGREE as follows: ARTiCI.E I EMPLO~iENT OF CONSULTANT The CITY hereby contracts with COVINGTON, as an independent contractor, and COVINGTON hereby agrees to perform the services herein ha com~ection with the Scope of Services as stated h~ the Articles to follow, witl~ diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. ARTIC[ ,~', 11 SCOPE OF SERVICES A. COVINGTON shall provide to the CITY professional consulting services pertaining to the preparation of a fixed asset cost separation study for Denton Municipal Electric. COVINGTON agrees to perforrn those services and tasks more particularly described in Task Order No. 03-E attached hereto and incorporated herewith by reference. B. To consult with the City Manager, Assistant City Manager/Utilities, the Director of Electric Utilities, the Utility Attorney, and any other designated administrative persmmel regarding any and alt aspects of the services to be perforated pursuant to this Agreement. ARTICI,E Ill PERIOD OF SERVICE This Agreement shall become effective upon execution by both the CITY and COVINGTON. The termination date of tlais Agreement shall be upon the earliest to occur of the following events: completion of the work described herein and in the attached Task Order No. 03-E; or upon the depletion and exhaustion of the $ t 8,540 not to exceed amount provided for herein; or upon fifteen (15) day's written notice to tem~inate, issued by the Director of Electric Utilities, DME. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the EXHIBIT II essence in .this Agreement. COVINGTON shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the CITY, acting through its Director of Electric Utilities. ARTICLF, IV COMPENSATION B4 COMPENSATION TERMS: "Direct Non-Labor Expense" is defmed as that expense for any assignm~ent incurred heretmder by COVINGTON for supplies, long-distm~ce telephone, telecopier, reproduction expense, overnight courier, photocopy expense, transportation, travel, corm-nunications, subsistence and lodging away from home and sim/lar incidental expenses reasonably incurred in cmmection with that assig~zment. BILLING AND PAYMENT: 1. For and h~ consideration of the professional services to be performed by COVINGTON herein, the CITY agrees to pay COVINGTON, a total fee, including reimbursement for direct non-labor expense, not to exceed $ I8,540 for tl~ose services described in Task Order No. 03- E. 2. The fee for the services described in this Agreement to be performed by COVINGTON are to be billed the rates as set forth in Exhibit "A" at~ached hereto mad incorporated herewith by reference. Billing shall be reported in mhfimum one-quarter (1/4) hour increments. 3. Payments to COVINGTON will be made by the CITY on the basis of detailed monthly statements rendered to the CITY through its Director of Electric Utilities. The fee bills as submitted, shall be allowed and approved by the Director of Electric Utilities. However, m~der no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. 4. Notl-fing contakned in tlzis Article shall require the CITY to pay for any work which is unsatisfactory as reasonably determh~ed by the City Manager or the Director of Electric Utilities, or which is not submitted ha compliance with the terms of this Agreement. The City shall not be required to make any payments to COVINGTON when COVINGTON is in default under this Agreement. 5. It is specifically understood and agreed that COVINGTON shall not be authorized to m~dertake any work pursuant to tlfis Agreement which would require additional payments by the CITY for any charge, expense or reimbm'sement above the maximum not-to-exceed fee as stated, without frrst having obtained written authorization from the CITY. Page 2 C. PAYMENT If the CITY fails to make payments due COVINGTON for services and expenses w/thin forty (40) days after receipt of COVINGTON'S undisputed statement thereof, the amounts due COVINGTON will be increased by the rate of one percent (i%) per month from rte said forty (40th) day, and in addition, COVINGTON may, after giving ten (10) days' written notice to the CITY, suspend services under this Agreement until COVINGTON has been paid in full all amounts due for services, expenses and charges provided. However, nothing herein shall require the CITY to pay the late charge of one percent (1%) set fmlh herein if the CITY reasonably detemtines that the work of COVINGTON is unsatisfactory, in accordance with this Article IV, Compensation, and rite CITY notifies COVINGTON in writing of any such defect. ARTICT .F. V OBSERVATION AND REVIEW OF THE WORK COVINGTON will exercise reasonable care and due diligence in discovering and promptly reporting to the CITY any defects or deficiencies in his work or the work of any subco~zsultmtts performed hereunder. ARTICLF. VI OWNERSHIP OF DOCUMENTS All documents, analyses and other data prepared by COVINGTON under this Agreement ("Work Products") are instalments of service and are and shall remain rite property of CITY. COVINGTON shall have the right to make and retain copies and use all Work Products; provided, however, the use shall be limited to the intended use for which the services and Work Products are provided under this Agreement. COVINGTON may use and may copyright certain non-sensitive Work Products as property of COVINGTON; provided that prior written approval is obtained from CITY, whose approval shall not be unreasonably withheld, and providing that copywriting will not restrict CITY'S right to retain or make copies of the Work Products for its information, reference and use on the Project or services under the Agreement. The Work Products shall not be changed or used for purposes other than those set forth in this Agreement without the prior written approval of COVINGTON. If CITY releases the Work Products to a third party without COVINGTON'S prior written consent, or changes or uses the Work Products other than as intended hereunder, CITY does so at its sole risk and discretion and COVINGTON shall not be liable for any claims or damages msuking fi'om or connected with the release or any third party's use of the Work Products. INDEPENDENT CONTRACTOR COVINGTON shalI provide services to the CITY as an indePendent contractor, not as an employee of the CITY. COVINGTON shall not have or claim any right arising fi'om employee status. Page 3 ~A R TICLE 5/711 INDEMNITY AGREEMENT COVINGTON shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney's fees incurred by the CITY, and including without li~Tfitat-ion, dmnages for bodily and personal injury, death and property damage, and damage for professional malpractice resulting from the negligent acts or omissions of COVINGTON or any subconsultants, in performance of this Agreement. COVINGTON'S liability under this Article VIII is expressly limited to the amount of COVINGTON'S insurance coverage as set forth in Article IX. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement,' including the defense of governmental i~munity, wlfich defenses are hereby expressly reserved. ARTtCI.R IX INSURANCE During the performance of the Services under this Agreement, COVINGTON shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an "A-" or above: Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence, and not less than $100,000 in the aggregate. Automobile Liability Insm'ance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident; and with property dan~age limits of not .less than $100,000 for each accident. Professional Liability Insurance with policy limits of not less than $i,000,000 annual aggregate. COVINGTON shall furnish insurance certificates or insurance policies at the CITY's request to evidence such coverages. The hsurance policies shalI name the CITY as an additional insured on all such policies to the extent Iegally possible, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days prior whtten notice to CITY and COVINGTON. In such event, COVINGTON shaI1, prior to the effective date of the change or cancellation, deliver substitute policies furnishing the same coverage to the CITY. Page 4 A R TICI~E X ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or alternate dispute resolution arising out of or relating to, tkis Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval. ARTICI,E XI LIMITATION OF LIABILITY To the extem permitted by law, the total liability of COVINGTON to CITY for any and all claims arising out of this Agreement, whether caused by negligence, errors, omissions, strict 1/ability, breach of contract or contribution, or indemnity claims based on third-party claims, shall not exceed one million dollars ($1,000,000). ARTICLE XII CONSEQUENTIAL DAMAGES In no event and under no circumstm~tces shall COVINGTON be liable to CITY for any interest, loss of anticipated revenues, earnings, profits, or increased expense of operations, or for any consequential, indirect or special damages. ARTICLE XIII PROFESSIONAL STANDARDS COVINGTON will perform services under this Agreement with the degree of skill and diligence normally practiced by professional engineers or consultants performing the same degree of similar services. No other warranty or guarantee, expressed or implied, is made with respect to the services furnished under this Agreement and all implied warranties are disclaimed. ARTICI ,F, XIV TERMINATION OF AGREEMENT Notwithstanding m~y other provision of this Agreembnt, either party may terntinate this Agreement by giving thirty (30) days advance written notice of termination to the other party. This Agreement may be tenninated in whole or in part in the event of eitller party substantially failing to fulfill its obligations under this Agreement. No such termination will be effected unless the other party is given: (1) written notice (delivered by certified mail, ret-mn receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance, and not less than ten (10) business days in which to cure the failure; al~d (2) an opportunity for consultation with the ten'ninating pmty prior to termination. If this Agreement is terminated prior to completion of the services to be provided heretmder, COVINGTON shall inmaediately cease ail services and shall render a final bill for services to Page 5 the CITY within 30 days after the date of termination. The CITY shall pay COVINGTON for all services properly rendered and satisfactorily perforated and for reimbursable expenses to termination incmred prior to the date of temtination in accordance with Article IV, Compensation. Should the CITY subsequently contract with a new consultant for the continuation of services on the Project, COVINGTON shall cooperate in providing information. COVINGTON shall turn over all documents prepared or furnished by COVINGTON pursuant to this Agreement to the CITY on or before the date of temfination, but may maintain copies of such documents for its use. ARTICI.F. XV RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the CITY shall not constitute nor be deemed a release of the responsibility and liability of COVINGTON, or any sub-consultants of COVINGTON, for the accuracy and competency of their designs or other work product. ARTICLF, XVI NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally deliVered or mailed to the respective parties by depositing same in the United States mail at the address shown below, certified mail, return receipt requested tmless otherwise specified herein. Mailed notices shall be sent to the parties at the following addresses: To COVINGTON: To CITY: R.J. Covington Consulting, LLC Attn: Richard J. Covington 13276 Research Blvd., Suite 201 Austin, Texas 78750 City of Denton, Texas At-tn: Michael A. Condu.ff, City Manager 2 t5 East McKim~ey Street Denton, Texas 76201 All notices stroll be deemed effective upon receipt by the party to whom such notice is given or within three days after the date of mailing. ~l~ TICI ,E XVII ENTIRE AGREEMENT This Agreement consisting of nine (9) pages, and four (4) additional pages consisting of Task Order No. 03-E, constitutes the complete and final expression of the agreement of the pmties and is intended as a complete and exclusive statement of the terms of their agreements mhd supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, cmrm~unications and agTeements which may have been made in connection with the subject matter hereof. Page 6 ARTTCT.F, X-VT1'I SEVERABILiTY If may provision of this Agreement is found or deemed by a court of competent jurisdiction to be invahd or unenfomeable, it shall be considered severable from the remainder of t/tis Agreemem and shall not cause the remah~der to be invalid or unenforceable. In such event, the party shall refonu this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTTCI,E XTX COMPLIANCE WiTH LAWS COVINGTON shall comply with ail federal, state, local laws, roles, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. A R TTCT.E XX DISCRIMINATION PROHIBITED h~ perfom'fing the services required hereunder, COVINGTON shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. PERSONNEL COVINGTON represents that he has secured, or will secure at Ns own expense any additional personnel required to perform all the services required under this Agreement. Such personnel shall be subconsultants of COVINGTON, and shall not be employees or officers of, nor have any contractual relations with the CITY. COVINGTON shall inform the CITY of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. All services required hereunder will be performed by COVINGTON or under his supervision. All persormiI engaged in work shall be qualified and shall be authorized and perrnitled under state and local laws to perfom~ such services. ~ARTICI,E XXII ASSIGNABILITY COVINGTON shall not assign any interest in tNs Agreement m~d shall ~ot transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the CITY. Page 7 ARTTCT,R X'XITT MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid maless 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 may proceeding arising between tlae pm'ties hereto out of or affecting this Agreement, or the fights or obligations of the parties hereunder, and maless such waiver or modification is in writing, duly executed; and, the parties further agree that the provisions of this section will not be waived unless as herein set forth. AR TTCLE XXTV MISCELLANEOUS COVINGTON agrees that CITY shall, until the expiration of tkree (3) years af~er the final payment under this Agreement, have access to and the right to exmnine any directly pertinent books, docun~ents, papers and records of COVINGTON involving =ansactions relating to this Agreement. COVINGTON agrees that the CITY shall have access during normal working hours to ail necessary COVINGTON facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. The CITY shall give COVINGTON reasonable advance notice of any intended audits. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be governed by, and construed in accordance with the taws of the State of Texas. COVINGTON shall commence, carry on, and complete the work required by this engagement with all applicable dispatch, in a sound, econmrficat, efficient manner and in accordance with the provisions hereof. In accomplisking the work, COVINGTON 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. The CITY shall assist COVINGTON by placing at COVINGTON's disposal all available information pertinent to the work required by tl]is engagelnent, including previous reports, any other data relative to the project and an'anging for the access to, and make ali provisions for COVINGTON to enter in or upon, public and private property as required for COVINGTON to perform services under this Agreement. The captions of fi]is Agreement are for informational pm-poses only and shall not in any way affect the substantive tenr~s or conditions of this Agreement. IN WITNESS WHEREOF, the City of Denton, Texas has caused this Agreement to be executed in four original counterparts, by its duly authorized City Manager; and R.J. Covington Consulting, LLC has executed this Agn'eement by its duly authorized officer on this the ~ day of June, 2003. Page 8 CITY OF DENTON, TEXAS A Municipal Corporation By: Michael A. Conduff, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY By: · APPROVED AS TO LEGAL.FORM: HERBERT L. PROUTY, CITY ATTO ~RNEY By: "COVINGTON" R.J. COVINGTON CONSULTING, LLC A Texas Limited Liability Corporation ATTEST: By: S:\Our Documents\Contracts\03~&l Covington Consulting LLC-PSA-TO 03-E-2003-DME.doc Page ORDINANCE NO. 2003- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH R. J. COVINGTON CONSULTING, LLC FOR CONSULTING SERVICES RELATING TO TASK ORDER NO. 03-F, REGARDING THE 2003 TRANSMISSION COST OF SERVICE FILING AT THE PUBLIC UTILITY COMMISSION OF TEXAS RELATING TO DENTON MLrNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to engage the fLrm of R. J. Covington Consulting, LLC of Austin, Texas ("Covington"), to provide professional consulting services to the City relating to Task Order No. 03-F, including, without limitation, services that relate to transmission cost of service ("TCOS") filing schedules; analyze return component alternatives for TCOS filing; preparation of TCOS testimony; TCOS filing discovery; and pm~icipation in TCOS hearings before the Public Utihty Commission of Texas; and WHEREAS, tlue City staffhas reported to the City Council that there is a substantial need for the above-described specialized professional services, mhd that lirrfited City staff cannot adequately perform the services and tasks with its own personnel; mhd 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 competifiv.e bids, but must select the provider on the basis of demonstrated competence, lmowledge, and qualifications, and for a fair and reasonable price; mhd WHEREAS, Covington has represented DME continuously and ably over the past seven years, and has proven to be a valuable, affordable, competent, dependable professional resource that has expertise in mhd is well acquainted with the electric financial and regulatory framework of Denton Municipal Electric ("DME"). Covington and bis staff are fmuiliar witlh the characteristics and operations of DME; and WHEREAS, the City Council has provided in the City Budget for the appropriation of fm~ds to be used for the purchase of the professional services, as set forth in the Professional Services Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the City Manager is hereby authorized to execute a Professional Services Agreement with R. J. Covington Consulting, LLC of Austin, Texas, for professional consulting services relating to Task Order No. 03-F, to Denton Municipal Electric, in substantially the form of the Professional Services Agreement attached hereto mhd incorporated herewith by reference as Exhibit "A." EXHIBIT III SECTION 2: That the award of tiffs Agreement by the City is on the basis of the demonstrated competence, kr~owledge, and qualificatior~s of Covington and the ability of Covington to perform the professional services needed by the City for a fair and reasonable price. SECTION 3: That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. SECTION 4: That this ordinance shall become effective irmnedJately upon its passage and approval. PASSED AND APPROVED this the day of ., 2003. .EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CiTY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: 8:\Our Documents\Ordinanees\03~R J Covington Consulting LLC-DME-Ord Aprv TO-3-F 2003.doc STATE.OF TEXAS COUNTY OF DENTON PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES PERTAINING TO DENTON MUNICIPAL ELECTRIC TillS AGREEMENT is made and entered into as of the ~ day ~.of June, 2003, by and between the City of Denton, a Texas Municipal Corporation, with its prinCipal office at 215 East McKinney Street, Denton, Texas 76201 ("CITY"); and IL J. COVINGTON CONSULTING, LLC, A Texas Limited Liability Corporation, with its principal office at 13276 Research BIv~d.,,, Suite 201, Austin, Texas 78750, hereafter "COVINGTON"; acting herein by and fl~rough their duly:authofized representatives. WITNESSETH, that in consideration of the covenants, pmnfises 'and agreements herein contained, the CITY and COVINGTON do hereby AGREE as follows: ARTICI ,F, 1 EMPLOYMENT OF CONSULTANT The CITY hereby contracts with COVINGTON, as an independent contractor, and COVINGTON hereby agrees to perform the services herein in cotmection with the Scope of Services as stated in tile Articles to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. ARTICIJE FI SCOPE OF SERVICES A. COVINGTON shall provide to the CITY professional consulting services pertaining to the preparation of a trans~rfission cost of service filing for Denton Municipal Electric. COVINGTON agrees to perform those services and tasks more particularly described in Task Order No. 03-F attached hereto and incorporated herewith by reference. B. To consult with the City Manager, Assistant City Manager/Utilities, the Director of Electric Utilities, the Utility Attorney, and any other designated administrative personnel regarding any and all aspects of the services to be perforated pursuant to this Agreement. PERIOD OF SERVICE This Agreement shall become effective upon execution by both the CITY and COVINGTON. The termination date of this Agreement sl~alt be upon the earliest to occur of the following events: completion of the work described herein and in the attached Task Order No. 03-F; or upon the depletion and exhaustion of the $I06,100 not to exceed amount provided for herein; or upon fifteen (15) day's va4tten notice to terminate, issued by the Director of Electric Utilities, DME. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the EXHIBIT IV essence in this Agreement. COVINGTON shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the CITY, acting through its Director of EIectric Utilities. COMPENSATION COMPENSATION TERMS: "Direct Non-Labor Expense" is defined as that expense for m~y assignment incun-ed hereunder l~y COVINGTON for supplies, long-distance telephone, telecopier, reproduction expense, overnight courier, photocopy expense, transportation, travel, commmfications, subsistence and lodging away from home and similar incidental expenses reasonably incm'red in connection with that assignment. BILLING AND PAYMENT: 1. For and in consideration of the professional services to be.performed by COVINGTON herein, the CITY agrees to pay COVINGTON, a total fee, including reimbursement for direct non-labor expense, not to exceed $106,100 for those services described in Task Order No. 03- F. 2. The fee for the services described in this Agreement to be performed by COVINGTON are to be billed the rates as set forth in Exhibit "A" attached hereto m~d incorporated herewith by reference. Billing shall be reported in m/nimum one-quarter (1/4) hour increments. 3. Payments to COVINGTON will be made by the CITY on the basis of detailed monthly statements rendered to the CITY through its Director of Electric Utilities. The fee bills as submitted, shall be allowed and approved by the Director of Electric Utilities. However, m~der no circmnstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. 4. Nothing contained in this Article shall require the CITY to pay for any work which is unsatisfactory as reasonably determined by the City Manager or the Director of Electric Utilities, or wlzich is not submitted in compliance with the terms of this Agreement. The City shall not be required to make any payments to COVINGTON when COVINGTON is in default under this Agreement. 5. It is specifically understood and agreed that COVINGTON shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by rite CITY for any charge, expense or reimbursement above the maximum not-to-exceed fee as stated, without first having obtained written authorization from the CITY. Page 2 PAYMENT If the CITY fails to n~tke payments due COVINGTON for services and expenses within forty (40) days after receipt of COVINGTON'S undisputed statement thereof, the mounts due COVINGTON will be increased by the rate of one percent (1%) per month from the said forty (40th) day, and in addition, COVINGTON may, after giving ten (10) days' written notice to the CITY, suspend services under this Agreement until COVINGTON has been paid in full all amounts due for services, expenses and charges provided. However, nothing herein shall require the CITY to pay the late charge of one percent (1%) set forth herein if the CITY reasonably determines that the work of COVINGTON is unsatisfactory, in accordance with this Article IV, Compensation, and the CITY notifies COVINGTON in writing of any such defect. A R TICI .Fi V OBSERVATION AND REVIEW OF THE WORK COVINGTON will exercise reasonable care and due diligence in discovering and promptly reporting to the CITY any defects or deficiencies in his work or the work of any subconsultants performed hereunder. OWNERSHIP OF DOCUMENTS Ail documents, analyses and other data prepared by COVINGTON under this Agreement ("Work Products") are instruments of service and are and shall remain the property of CITY. COVINGTON shall have the right to make and retain copies mhd use all Work Products; provided, however, the use shall be limited to the intended use for which the services mhd Work Products are provided under this Agreement. COVINGTON may use and may copyright certain non-sensitive Work Products as property of COVINGTON; provided that prior written approval is obtained from CITY, whose approval shall not be tmreasonably withheld, and providing that copywriting will not restrict CITY'S right to retain or make .copies of the Work Products for its information, reference and use on the Project or services under the Agreement. The Work Products shall not be changed or used for purposes other than those set forth in this Agreement without the prior mitten approval of COVINGTON. If CITY releases the Work Products to a third patty without COVINGTON'S prior written consent, or changes or uses the Work Products other than as intended hereunder, CITY does so at its sole risk and discretion and COVINGTON shall not be hable for any claims or damages resuking from or connected with tl~e release or any third party's use of the Work Products. INDEPENDENT CONTRACTOR COVINGTON shall provide services to the CITY as an independent contractor, not as an employee of the CITY. COVINGTON shall not have or claim any fight arising from employee status. Page 3 ARTICLE V-III INDEMNITY AGREEMENT COVINGTON shall indemnify and save and hold harmless the CITY and its officers, agems, and employees from and against any and all liability, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney's fees incurred by the CITY, and including without limitation, dmnages for bodily and personal injury, death and property damage, and damage for professional malpractice resulting from the negligent acts or omissions of COVINGTON or any subconsultants, in performance of this Agreement. COVINGTON'S liability under this Article VIII is expressly limited to the amount of COVINGTON'S insurance coverage as set forth in Article IX. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. .ARTICLE IX INSURANCE During the performance of the Services under this Agreement, COVINGTON shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an "A-" or above: A. Comprehensive General Liability Insurance with bodily injury lin]its of not less than $500,000 for each occurrence and not less than '$500,000 in the aggregate, and witt~ property damage limits of r~ot less than $100,000 for each occurrence, and not less than $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident; and with property damage limits of not less than $100,000 for each accident. C. Professional Liability Insurance with policy limits of not less than $1,000,000 annual aggregate. D. COVINGTON shall furnish insurance certificates or insurance policies at the CITY's request to evidence such coverages. The insurance policies shall name the CITY as an additional insured o~ all such policies to the extent legally possible, and shall comain a provision that such insurance shall not be canceled or modified without thirty (30) days prior written notice to CITY and COVINGTON. In such event, COVINGTON shall, prior to the effective date of the change or cancellation, deliver substitute policies furnishing the same coverage to the CITY. Page ARTTCT ,F, X ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties agree to settle any disputes under tiffs Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or alternate dispute resolution arising out of or relating to, th/s Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval. A R TICr,E XI LIMITATION OF LIABILITY To the extent pennitted by law, the total liability of COVINGTON to CITY for any and all claims arising odt of this Agreement, whether caused by negligence, errors, omissions, strict liability, breach of contract or contribution, or indemrfity claims based on third-pm-ty claims, shall not exceed one million dollars ($1,000,000). A R TTCZ,R X-II CONSEQUENTIAL DAMAGES In no event and under no circumstances shall COVINGTON be liable to CITY for any interest, loss of anticipated revenues, earnings, profits, or increased expense of operations, or for any consequential, indirect or special damages. ~A R TICLE XIII PROFR,qSIONAT, gTANDARDS COVINGTON will perform services under this Agreement with the degree of skill and diligence normally practiced by professional engineers or consultants performing the same degree of shn/Iar services. No other warranty or guarantee, expressed or implied, is made with respect to the services furnished under this Agreement and ali implied warranties are disclaimed. ARTICLF. XIV TERMINATION OF AGREEMENT Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by giving thirty (30) days advance written notice of termination to the other patty. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination wilt be effected unless tl~e other party is given: (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance, m~d not less than ten (10) business days in which to cure the failure; m~d (2) an oppmVanity for consultation with the terminating party prior to tetrnination. If this Agreement is terminated prior to completion of the services to be provided hereunder, COVINGTON shall immediately cease all services and shall render a final bill for se~Mces to Page S the CITY within 30 days after the date of termination. The CITY shall pay COVINGTON for alt services properly rendered and satisfactorily performed and for reimbursable expenses to temfinafion incun'ed prior to the date of ternfination in accordance with Article IV, Compensation. Should the CITY subsequently contract with a new consultant for flue continuation of services on the Project, COVINGTON shall cooperate in providing information. COVINGTON shall mm over all documents prepared or furnished by COVINGTON pursuant to this Agreement to the CITY on or before the date of termination, but may maintain copies of such documents for its use. ARTTCT ,F,, XV RESPONSIBILITY FOR CLAIMS A_ND LIABILITIES Approval by the CITY shall not constitute nor be deemed a release of the responsibility and liability of COVINGTON, or any Sub-consultm~ts of COVINGTON, for the accuracy and competency of their designs or other work product. NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing sane in the United States mail at the address shown below, certified mail, return receipt requested unless otherwise specified herein. Ma/led notices shall be sent to the parties at the following addresses: To COVINGTON: To CITY: R.2[. Covington Consulting, LLC Attn: Richard J. Covington 13276 Research Blvd., Suite 201 Austin, Texas 78750 City of Denton, Texas At-tn: MichaeI A. Conduff, City Manager 215 East McKirmey Street Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given or within three days after the date of mailing. ENTIRE AGREEMENT This Agreement consisting of nine (9) pages, and four (4) additional pages consisting of Task Order No. 03-F, constitutes the complete and final expression of the agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, cormrmnications and agreements which may have been made in connection with the subject matter hereof. Page AR TICLR XVIII SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the party shall reform this Agreement to replace such stricken provision with a valid mtd enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE COMPLIANCE WITH LAWS COVINGTON shall comply ordinances applicable to the work amended. with all federal, state, local laws, rules, regulations, and covered hereunder as they may now read or hereinafter be DISCRIMINATION PROHIBITED In performing the services required hereunder, COVINGTON shall not discr/minate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or plxysical handicap. ARTTCLF, X-XI PERSONNEL COVINGTON represents that he has secured, or vdtl secure at his own expense any additional personnel required to perform all the services required m~der this Agreement. Such personnel shall be subconsultants of COVINGTON, and shall not be employees or officers of, nor have any contractual relations with the CITY. COVINGTON shall inform the CITY of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. All services required hereunder will be perfonr~ed by COVINGTON or under his supervision. All personnel engaged in work shall be qualified and shall be autl~orized and perrrdtted under state and local laws to perform such services. BR TICLE XXII ASSIGNABILITY COVINGTON shall not assign any interest in this Agreement and shall not transfer any interest h~ this Agreement (whether by assigrm~ent, novation or otherwise) without the prior written consent of the CITY. Page ? ARTICI.F. XXll¥ MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, 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, and unless such waiver or modification is in writLng, duly executed; and, the parties further agree that the provisions of this section will not be waived mfless as herein set forth. ARTTCT ,F, XXD~ MISCELLANEOUS COVINGTON agrees that CITY shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to exanaine any directly pertinent books, documents, papers and records of COVINGTON involving transactions relating to this Agreement. COVINGTON agrees that the CITY shall have access during nonr~aI working hours to all necessary COVINGTON facilities and shall be provided adequate and appropriate worldng space in order to conduct audits in compliance with this section. The CITY shall g/ye COVINGTON reasonable advance notice of any intended audits. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be governed by, and conslrued in accordance with the laws of the State of Texas. COVINGTON shall commence, carry on, mhd complete the work required by this engagement with all applicable dispatch, in a sound, economical, efficient manner and in accordance with the provisions hereof. In accomplishing the work, COVINGTON 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. The CITY shall assist COVINGTON by placing at COVINGTON's disposal ali available information pertinent to the work required by this engagement, including previous reports, m~y other data relative to the project and arranging for the access to, and make all provisions for COVINGTON to enter in or upon, public and private property as required for COVINGTON to perform services under this Agreement. The captions of this Agreement are for infom~ational purposes only and shalI not in any way affect the substantive terms or conditions of this Agreement. 1N WITNESS WHEREOF, the City of Denton, Texas has caused this Agreement to be executed in four origLnal counte~l~arts, by its duly authorized City Manager; and R.J. Covington Consulting, LLC has executed this Agreement by its duly authorized officer on this the __ day of June, 2003. Page 8 "CITY" CITY OF DENTON, TEXAS A Municipal Corporation By: Michael A. Conduff, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: "COVINGTON" R.J. COVINGTON CONSULTING, LLC A Texas Limited Liability Corporation By: Richard J. Cov~gton, Pr~ · ATTEST: By: S:\Our Documents\Contracts\03kro Covinglon Consulting LLC-PSA-TO 03-F-200B-DME.doc Page 9 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 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 DRAFT CITY OF DENTON, TEXAS PUBLIC UTILITIES BOARD MEETING MINUTES June 2, 2003 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, June 2, 2003 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901- A Texas Street, Denton, Texas. PRESENT: Bill Cheek, George Hopkins, Charldean Newell, Dick Norton, Rob Rayner, and Don White EX OFFICIO MEMBERS Mike Conduff, City Manager Howard Martin, ACM/Utilities EXCUSED: Dick Smith ITEMS FOR INDIVIDUAL CONSIDERATION: 1) Consider approval of the Public Utilities Board meeting minutes off a. May 19, 2003 The minutes were approved as circulated. 2) Consider approval of Task Order 03-E and Task Order 03-F with R.J. Covington Consulting to cover costs associated with performance of a Fixed Asset Cost Separation Study and subsequent preparation of a 2003 DME's Transmission Cost of Service (TCOS) filing in the formal Texas Public Utility Commission (TPUC) hearing process. Board Member Don White asked if the increase in Transmission Cost of Service (TCOS) would affect DME's assets with regard to Return on investment (ROi). Sharon Mays, Director of Electric Utilities, stated that the increase would not affect DME's assets unless errors are found in the asset records. She explained that the problem is that for the City to recover TCOS the assets would have had to be recorded in accounts associated with transmission. Many transmission substation costs were placed in the DME fixed asset record as distribution plant and cannot be claimed as part of the DME TCOS. The only thing that will change is that DME will have documentation identifying transmission 1 2 3 4 5 6 expenses to recover all costs associated with transmission and permanently adjust the fixed asset records. Board Member Bill Cheek moved to approve Agenda Item #2, with a second from Board Member Dick Norton. The motion was approved unanimously. AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET June 17, 2003 Engineering Jon Fortune, Assistant City Manager SUBJECT Consider approval of an exaction variance of Section 35.20.3(A.3.) of the Code of Ordinances concerning Collector street sidewalk requirements. The parcel contains approximately 1.8 acres and is located on the northwest corner of Paisley Street and Campbell Street. The property is currently designated as a neighborhood residemial (NR-4) zoning district, a day school/care curremly exists. The Planning and Zoning Commission recommends approval of a partial variance as proposed by the applicam (6-0) (V03-0010) BACKGROUND Mr. Lee Allison, P.E., the applicam for this property (represeming Bettye Myers, the owner of the Demon City County Day School) has applied for an exaction variance of section 35.20.3(A.3.) of the Code of Ordinances concerning relief from costs associated with the installation/construction of 8 foot wide sidewalk on this site's frontage of Paisley Street. The Transportation Criteria Manual's Figure I- l-A-13, Residemial Avenue Section requires an 8 foot wide sidewalk installation. Because the property is being platted, the subject section of the ordinance requires improvemem (along the fromage of the developmem)with city standard 8 foot wide sidewalk. The variance request is based on the fact that: 1. There is curremly a 4 foot wide sidewalk on the south side of Paisley from just west of Hettie Street to Audra Lane 2. All of the properties on the north side from Ruddell Street to Audra Lane are currently developed as single family residences, without sidewalk on Paisley Street, and so no future developmem would cause additional sidewalk to be constructed in this area. 3. Paisley Street currently has approximately 50 feet of ROW. To adequately provided for the 8 foot wide sidewalk the new code requires a minimum of 65 feet of ROW 4. Currem street furniture (utility poles, fire hydrams and such) as well landscaping features in many areas would make the installation of an 8 foot wide sidewalk along Paisley Street difficult in many places within the currem ROW. 5. Curb and gutter currently exists on Paisley Street, on the north side, from Hettie Street to Audra Lane and on the south side from Woodford Lane to Audra Lane and thus would not cause a pavemem CIP in from of this site, which would typically include sidewalk. 6. Because of all of the above noted items, the City would have to initiate a CIP exclusively for the construction of the sidewalk. The purchase of additional ROW to facilitate the 8 foot wide sidewalk would be expensive. As such, the City has no plans to construct this sidewalk in the near future. 7. The applicam's alternate proposal would be for the installation of a 5 foot wide sidewalk to complete the entire block of Paisley Street between Pinckney Street and Campbell Street, as opposed to an 8 foot wide sidewalk just on the frontage of the day school, which would not provide sidewalk on the adjacem residemial property to the west (east of Pinckney Street). City staff is in agreemem with this proposal, as it would afford city standard (as required on Page 1 residential and arterial city classified streets) 5 foot wide sidewalk along the entire block rather than a partial block of 8 foot wide sidewalk. The applicant's letter provides additional information concerning this item. The City Council may approve an exaction variance if the following criterion is met: b) Criteria for variances from development exactions. Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exaction's, so as to prevent such excess, to the City Council. Waiver of developmental exactions shall be approved by the City Council. The price the applicant paid for the parcel, or the cost of the proposed building improvements is not a factor in determining reasonable costs. The City Council must decide if the costs associated with the public improvements required by city regulations are reasonable and consistent for the type of development proposed and are proportional to the demand for services created by the development. OPTIONS 1. Approve Full variance 2. Approve Full variance with conditions 3. Approve a partial variance 4. Deny variance RECOMMENDATION Staff recommends approval of the partial exaction variance, per the applicant's proposal, for the design and construction improvements of 5 foot wide sidewalk on the north side of Paisley Street from Pinckney Street to Campbell Street. The Planning & Zoning Commission voted 6-0 to recommend approval of the partial variance, on May 28, 2003. PRIOR ACTION/REVIEW The Planning & Zoning Commission voted 6-0 to recommend approval of the partial variance on May 28, 2003. FISCAL INFORMATION The proposed 5ft wide sidewalk improvement would cost slightly less (approximately $1000) than the 8ft. ATTACHMENTS 1. Location map 2. Detail Map 3. Site plan 4. Applicant's letter 5. P & Z minutes Prepared By: Page 2 David Salmon, Assistant Director Engineering Respectfully submitted: Charles Fiedler Director, Engineering Page 3 r-d. lnn P LL HE'I-FIE l~nn ~ LL JC JJ¥1 il '1'8,0l ,'| PINCKNEY STR~T (so' ~.o.w.) 00~ ATTACHMENT #4 APPLICANT'S LETTER "Integrity In Engineering" ISBELL ENGINEERING GROUP, INC. CONSULTANTS IN ENGINEERING & PLANNING April 29, 2003 City of Denton Planning and Development Department City Hall West 221 N. Elm Denton, TX 76201 Dear Planning and Development Department: Isbell Engineering Group, Inc. (IEG) is pleased to provide responses to the City of Denton comments for the Denton City-County Day School preliminary plat application. We have responded to each item as appropriate in the attached document. IEG is requesting a subdivision vadance on behalf of the Denton City-County Day School. The requested variance is for the provision of a five-foot rather than an eight- foot sidewalk on the Paisley Street frontage. The Day School proposes installing a five- foot sidewalk along the entire frontage to Pinckney Street instead of just along the front of the property (See Exhibit 1, Sidewalk Variance Request). This extended sidewalk, beyond the required distance, will provide more continuous access for pedestrians rather than stopping abruptly at the end of the Day School property line. The platting of the existing Day School property resulting from a proposed building additiOn provides a unique opportunity to improve Paisley Street pedestrian access. The fo,owing unique conditions exist in the surrounding neighborhood to justify the request: 1. There are no existlng sidewalks on the Day School side of the Paisley Street in the surrounding residential subdivisions. 2, The existing sidewalk across the street is four feet wide, 3. The Day School property does not include the entire block from Campbell to Pinckney Street, Furthermore, since the Day School is a private, non-profit organization, the school relies upon grant money to fund improvements. The Day School believes a sidewalk along the entire frontage is the best use of the limited funds for the public welfare. An eight- foot sidewalk along the frontage requires 2,256 square feet of concrete compared to t406W. Chapman,200' .Sander. Texas 76266 Phone: 940-458-7503 , Fa~ 940-458-7417 2,05! square feet (a relatively minor 'difference) to run a five-foot sidewalk the length of the block. :lEG requests favorable consideration of this variance request and appreciates your time with this 'matter. Vicki Oppenheim Senior Planner Neighborhood Photographs: The proposed five-foot sidewalk is more in accordance with the existing four-foot sidewalks in the neighborhood across the street from the Day School to the south, This Paisley Street sidewalk is No sidewalks exist on the Day School side of the street. ATTACHMENT #5 P & Z Minutes 3 4 5 6 7 12 13 14 15 21 15 16 prefer come my contiaue. it and ~lematic for increasing of t'. So what there, find a way to for lack the proper p~ owners, and A: HOLT: the interl the on have could next Chair: AND ZONING CondensoltTM Page 33 1 don't get; that posifi, oil the r We have a it to the regular Page 35 Chair. ~ POWELL We POWELL: was ]L1st a there have discussi would to talk about Thank COMMISSIONER POWELL: It~an No. 7, consider 11 making a reconanendahon to the City Council regarding an 12 exaction variance of Section 35.2.3 Code of Ordinance, 13 concerning the collector street, sidewalk requirements. 14 The 1.2 acres of land is located at tlie corner of Paisley 15 Street and Campbell Street south of May Street. Th~ 16 property is in a Neighborhood Residential 4 Zoning 17 District Expansion of the existing -- child day-care 18 facility is proposed. Ivh-. Vokoun~ 19 Ma. VOKOUN: need evening, again. You have 20 before you a request from Mr. Lee Allison, the applicant 21 for this property representing Bettye Myers, the owner of 22 the Denton City County Day School, who has applied for an 23 exaction varlance~ Variance 03-0010 of Section 24 35.20.3(A.3.) of the Code of Ordinances. 25 The property is located on Paisley between Page 36 1 Campbell. The applicant, because Paisley is a collector 2 street and requires eight feet of sidewalk by Code has 3 asked for a variance to install five feet of sidewalk not 4 only along the frontage along Paisley, but also coati,me 5 it over to Pirtckney. Staff is in agx~ement with this 6 because cmzently except for this site along the north 7 side, it's all residential folly built. On the south side 8 to tiffs point, it's also residential and fully built, 9 On the north side from here to Audra, tile 10 street is curb and gutter and on the south side it's curb t 1 and gutter from this point to Audra, the~,efore, staff 12 doesn't see any future development in this area coming in 13 and continuing this eight-foot sidewalk that would be 14 required. By installing the sidewalk for the full block, 15 this would afford the pedestrians full access to this 16 btock. And staff feels that this is a better solution 17 than the fight foot that would just be along the site. 18 With that, that concludes staff's report~ 19 and the applicant, as 1 understand it is in tl~e audience. 20 COMMISSIONER POWE[~: would fl~e applicant 21 tike to speak? Yes. Please give us your name and 22 address, ma'am. 23 MS. OPPENHEIM: oood evening. I'm Vicki 24 Oppenheim with Isbell Engineea'ing Group, 1405 West Chapman 25 Drive in Sange~-, Texas. I am here before you only to MAY 28, 2003 Page 33 - Page 36 CondonsoItTM Page 37 I request a variance from the sidewalk requirmnents. Here 2 is Denton City County Day School. We are requesting, as 3 Bud had mentioned, a five-foot sidewalk along the entire 4 frontage instead of an eight-foot sidewalk. We wanted to 5 provide a continuous five-foot sidewalk rather than just 6 dead-ending at the end of the Day School property. 7 Tb2s is a view of the overall preliminary 8 plat that we had submitted. So far it hasn't been 9 approved obviously. And the existing Day School is in the 10 center there, and there's a proposed addition. And, also, 11 we have the illustration of an eight-foot sidewalk that 12 would be installed. And that's a close-up. We are 13 proposing, instead, a five-foot sidewalk along the entkre 14 Paisley Street to Pinckney Street in the right-of-way. 15 And here is an illustration of that up 16 close. This is the existing conditions of the Day School. 17 It's in an existing residential neighborhood with a 18 four-foot sidewalk across the street. And there are no 19 sidewalks on the day school side of the street. And I'm 20 here, if you have any other questions. Thank you. 21 COMMISSIONER POWELL: Any questions of thc 22 applicant? Mr. Koy. 23 COMMISSIONER ROY: YOU proposed extending 24 the sidewalk to Pinckney Street and there appears to be a 25 single family residence that you would be putting thc Mulroy. approval, a second. Page 38 1 sidewalk in. Have you gotten approval from that 2 residence? 3 MS. OPPENHEIM: NO, Rot yet. We would do 4 that, obviously, prior to installing the sidewalk. 5 COMMISSIONER ROY: Thank you. 6 COMMISSIONER POWELL: Mr. Vokoun probably 7 has something to talk about. 8 MR. VOKOUN: May I add to that? That the 9 sidewalk would be proposed to be installed in the City 10 right-of-way. ' t I COMMISSIONER ROY: Oh, so the owner really 12 wouldn't have to agree to it? 13 MR. VOKOU~: That's correct. : 14 COMMISSIONER ROY: BUt you'd be a good 15 neighbor to, I~m sure. 16 MS. OPPENHEIM: correct. I mean, we'd let 17 them know, but it's in the right-of-way, so -- 18 COMMISSIONER ROY: Thallk you. 19 COMMISSIONER POWELL: Any other -- Mr. 20 21 22 23 24 25 COMMISSIONER MULROY: I wag ready to move Mr. Chairman. COMMISSIONER JOHNSON: Second. COMMISSIONER POWELL: We have a motion and I have a question of either the applicant or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ~8 19 20 21 22 23 24 25 Page 39 staff. I see a sidewalk going north on the east side of that property. Is that part of the project or does that already exist? MS. OPPENHEIM: That'S part of the project. COMMISSIONER POWELL: Okay. Because we only talked about an east/west sidewalk, And that is also part of it. Thank you very much. Any other discussion or questions? I'll call for a vote, please. Motion to approve is 6-0, one person being absent. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 2O 21 22 23 24 25 Page 40 PLANNING AND ZONING COMMISSION MAY 28, 2003 Page 37 - Page 40 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: June 17, 2003 Finance Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider approval of an Ordinance of the City of DeNon authorizing a service agreemem in the amount of $750 between the City of Denton, Texas and the Juneteenth Committee to support the 2003 Juneteenth Celebration; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND This Agreemem allows for the expenditure of $750 from Council Member Raymond Redmon's Contingency Fund allocation. Key provisions of the Agreement include: · Funds shall be used to help pay costs and expenses directly related to securing live entertainment for the event to be held in June of 2003 · Timeframe of Agreemem is from June 1, 2003 to September 1, 2003 · In addition to other reporting requirements, documentation in the form of cancelled checks and corresponding receipts specifically detailing expenditure of funds for the purpose provided is required · Indemnification provisions and other standard terms and conditions PRIOR ACTION/REVIEW (Council, Boards, Commission) None FISCAL INFORMATION Payment will be made from amount budgeted in District 1 Council Contingency Fund 160099.7744 EXHIBITS Contingency Expenditure Request Ordinance/Agreemem Respectfully submitted: Anna Mosqueda, Director Management and Budget Date: June 9, 2003 Contingency Fund Expenditure Request Council Member: Raymond Redmon Amount Allowed for Purchase: 750.00 Remaining Balance if Total Amount is Used: $851.60 Description and Use of Items to be Purchased with Contingency Funds: To be used by the Junereenth Committee to help pay for live entertainment during the current fiscal year Juneteenth celebration. .................................. INTERNAL USE ONLY .................................. Department Responsible for Contract Compliance: Purchase Order Number: Date P.O. Issued: Account Number: 160099.7744 Final Cost: Balance: Budget Approval: Date: Legal Approval: Date: CMO Approval: Robert Hanna Date: 05/06/03 S:XOur Documents\Ordinances\03kluneteenth Celebration. doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE JLrNETEENTH COMMITTEE TO SUPPORT THE 2003 JUNETEENTH CELEBRATION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Juneteenth Committee (the "Organization") sponsors and organizes the Juneteenth celebration in the City of Denton, Texas including live entertainment as part of the event; and WHEREAS, the City Council finds that it is in the public interest to help support this community event; and WHEREAS, the City Council of the City of Denton hereby finds that the Program and the agreement between the City and the Organization attached hereto and made a part hereof by reference (the "Agreement") serve a municipal and public purpose including promotion of a significant historical and cultural event in Denton, the recognition of worthy citizens, and positive promotion of the City of Denton to others outside of the City is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by reference into the body of this ordinance as if fully set forth herein. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreement and to carry out the duties and responsibilities of the City under the Agreement, including the expenditure of funds as provided in the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: S:\Our Documents\OrdinancesX03kluneteenth Celebration.doc APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: AGREEMENT This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and "Juneteenth Committee", a non-profit organization, hereinafter referred to as "Organization"; WHEREAS, City has determined that the Organization will perform an important public service for the residents of Denton without regard to race, religion, color, age or national origin by providing for events such as the Juneteenth Celebration which helps promote and celebrate an important historical and cultural event, brings recognition to worthy citizens, and promotes the City of Denton to others by/ts favorable publicity; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES Organization shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used: Monies may be used to help pay for the cost and expenses directly related to providing live entertainment during the event, held in June of 2003. Monies not to be used to pay overhead or salary of any individual connected with the event or for the travel and entertainment expense of any individual connected with the event. 2. OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from City, Organization agrees to the following terms and conditions: A. The funds provided for in this agreement shall only be expended for the purposes set forth in Article I above, subject to Section 4.A. and for no other purpose. B. The Organization shall expend the funds in a manner that wili allow for a tracing of funds and a review of the specific expenditures for which the funds were utilized. C. The Organization shall permit authorized officials of City to review its books at any time. D. The Organization will reduce to writing all of its rules, regulations, and policies and file a copy with City Manager's office along with any amendments, additions, or revisions whenever adopted. E. The Organization shall not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. s :/ourdocuments/contracl~d02/j uneteenthcomrnittee,doc F. As funds are expended, the Organization shall provide documentation in the form of cancelled checks and corresponding receipts detailing expenditure. G. The Organization shall appoint a representative who will be available to meet with City officials when requested. H. The Organization shall indemnify and hold harmless City from any and all claims and suits arising out of the activities of Organization, its employees, and/or contractors. I. The Organization shall submit to City copies of year-end audited financial statements. 3. TIME OF PERFORMANCE The services funded by City shall be undertaken and eompleted by Organization within the following time flame: June 1, 2003 to September 1, 2003 untess the Agreement is sooner terminated under Section 7 "Suspension or Termination". 4. PAYMENTS A. PAYMENTS TO ORGANIZATION. City shall pay to the Organization the sum of $750.00 to be used solely for the purposes set forth in Section 1 above. B. EXCESS PAYMENT. Organization shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to Organization; or 2) has not been spent strictly in accordance with the terms of this Agreement; or 3) is not supported by adequate documentation to fullyjustify the expenditure. C. DEOBLIGATION OF FUNDS/REVERSION OF ASSETS. In the event that actual expenditures deviate from Organization's provision of a corresponding level of performance City hereby reserves the fight to reappropriate or recapture any such under expended funds. If City finds that Organization is unwilling and/or unable to comply with any of the terms of this Agreement, City may require a refund of any and all money expended pursuant to this Agreement by Organization, as well as any remaining unexpended funds which shall be refunded to City within ten working days of a written notice to Organization to revert these f'mancial assets. The reversion of these financial assets shall be in addition to any other remedy available to City either at law or in equity for breach of this Agreement. s:/ourdocuments/contractsd02/juneteenthcommittee.doc 2 D. AGREEMENT CLOSE OUT. Organization shall submit the Agreement close out package to City, together with a final expenditure report, for the time period covered by the last invoice representing final expenditure of funds under this Agreement, within fifteen (15) working days following the close of the Agreement period. Organization shall utilize the form agreed upon by City and Organization. 5. EVALUATION Organization agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. Organization agrees to make available its financial records for review by City at City's discretion. In addition, Organization agrees to provide City the following data and reports, or copies thereof: A. All external or internal audits. Organization shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. Ail external or internal evaluation reports. C. Until such time as all disbursed funds have been expended and all document submissions are complete, the Organization agrees to submit quarterly financial statements in July, October, January, and April. Each statement shall include current and year-to-date period accounting of all revenues, expenditures, outstanding obligations and beginning and ending balances. Quarterly fmancial reports shall be submitted to the City within 15 working days after the quarter has been completed. E. An explanation of any major changes in program services. F. To comply with this section, Organization agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. Organization's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Organization agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for five years. G. Nothing in the above subsections shall be construed to relieve Organization of responsibility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. 6. DIRECTORS' MEETINGS During the term of this Agreement, Organization shall deliver to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and s:/ourdocument s/contracts/02/juneteenthcommittee.doc 3 a brief description of the matters to be discussed. Organization understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Organization's governing body shall be available to City within ten (10) working days of approval. 7. SUSPENSION OR TERMINATION A. The City may terminate this Agreement for cause if the Organization violates any covenants, agreements, or guarantees of this Agreement, the Organization's insolvency or filing of bankruptcy, dissolution, or receivership, or the Organization's violation of any law or regulation to which it is bound under the terms of this Agremuent. The City may terminate this Agreement for other reasons not specifically enumerated in this paragraph. B. The City may terminate this Agreement for convenience at any time. If the City terminates this Agreement for convenience, Organization will be paid an amount not to exceed the total amount of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an mount that bears the same ratio to the total compensation as the services actually performed bears to the total services of Organization covered by the Agreement, less payments previously made. In case of suspension, City shall advise Organization, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, Organization will remit to City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising out of this Agreement. 8. EOUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A. Organization shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. B. Organization will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. C. In the event of Organization's non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Organization may be barred from further contracts with City. 9. WARRANTIES ORGANIZATION represents and warrants that: s :/ourdocuments/contraets/02/juneteenthcommittee.doc 4 A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. B. Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of Organization on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the fmancial condition of Organization. C. No litigation or legal proceedings are presently pending or threatened against Organization. D. None of the provisions herein contravenes or is in conflict with the authority under which Organization is doing business or with the provisions of any existing indenture or agreement of Organization. E. Organization has the power to enter into this Agreement and accept payments hereunder, and has taken ail necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of Organization are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by Organization to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. 10. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. Organization cannot significantly change the nature, intent, or scope of the program funded under this Agreement without the prior written approval of the City. C. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. s:/ourdocuments/contracts/02/juncteenthcommittee.doc 5 D. Organization agrees to notify City of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change. E. Organization shall notify City of any changes in personnel or governing board composition. F. It is expressly understood that the transfer of funds between or among programs of the Organization will not be permitted. 11. INDEMNIFICATION A. it is expressly understood and agreed by both parties hereto that City is contracting with Organization as an independent contractor and that as such, Organization shall save and hold City, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of Organization. B. Organization agrees to provide the defense for, and to indemnify and hold harmless City its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of City, its agents or employees. 12. CONFLICT OF INTEREST A. Organization covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Organization further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. Organization further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest'in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or others; particularly those with which he/she has family, business, or other ties. C. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest. s:/ourdocuments/contraets/O2/j uneteenthcommitt ee.doc ~ I3. NEPOTISM Organization shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Organization, or is a member of Organization's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-taws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. 14. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when depositext in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to Organization or City, as the case may be, at the following addresses: CITY ORGANIZATION City of Denton, Texas Attn: City Manager 215 E. McKiuney Denton, TX 76201 Juneteenth Committee Attention: Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. 15. MISCELLANEOUS A. Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to Organization hereunder, or any other act or failure of City to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by Organization. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges., or remedies are always specifically preserved. No representative or agent of City may waive the effect of this provision. s:/ourdocuments/contraets/02/juneteenthcommittee.doc 7 D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing roles, codes, laws, ordinances, or regulations, City as the party ultimately responsible for matters of compliance, will have the final authority to render or to secure an interpretation. F. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the ~ day of ,2003. CITY OF DENTON, TEXAS BY: MICHAEL A. CONDUFF,CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERB~Y~Ty ATTORNEY BY: s:/ourdocuments/contracts/02/j uneteenthcommittee.doc 8 JUNETEENTH COMMITTEE BY: ATTEST: BY: ORGANIZATION SECRETARY s :/ourdocuments/contracts/O2/juneteenthcornm/ttee. doc ~ AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: June 17, 2003 Fiscal Operations/Tax Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton Kiwanis Club for the payment and use of hotel tax revenue; and providing an effective date. BACKGROUND This agency is recommended to receive funding from the Hotel Occupancy Tax Funds. The contract is for a seven month term beginning June 15, 2003, through midnight December 31, 2003. Allocations are dependent upon requests for funding as well as, availability of revenues. PRIOR ACTION/REVIEW The Hotel Occupancy Tax Committee reviewed the budget and recommended that their request be forwarded to the Council for approval. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $19,946 for FY 2002-2003 and has been included in the Annual Program of Services. EXHIBITS Ordinance Contract Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations Denton Kiwanis Club "Blueprint to Fundraising Workshop" 2003 Requested Budget ADVERTISING $3,500.00 WORKSHOP EXPENSES $16,446.00 Total Request $19,946.00 U :BES'S o ~- ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON KIWANIS CLUB FOR THE PAYMENT AND USE OF $19,946 IN HOTEL TAX REVENUE; APPROVING A BUDGET FOR, AND AUTHORIZING EXPENDITURE OF, THESE FUNDS, AND PROViDiNG AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Denton Kiwanis Club for the payment and use of $19,946 in hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SECTION II. That the attached proposed budget for expenditure of these hotel tax funds in a manner consistent with the contract and State law is hereby authorized and approved. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULiNE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: Original s~gned by Jerry E. Drake, Jr 6/12/03 AGREEMENT BETWEEN THE CITY OF DENTON AND KIWANIS CLUB OF DENTON, TEXAS, INC. (CY2003) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a municipal corporation (the "CITY"), and the Kiwanis Club of Denton, Texas, inc., a legal entity incorporated on September 6, 1939 under the laws of the State of Texas (the "CLUB"): WHEREAS, T[~x. T^x Com~ §351.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, by ordinance, the CITY has provided for the assessment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7%); and WHEREAS, T[~x. TAX Com~ §351.101(a) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry; and WHEREAS, the CLUB is well equipped to perform those activities; and WHEREAS, T[~x. TAX Com~ §351.10 l(c) authorizes the CITY to delegate by contract with the CLUB, as an independent entity, the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY and the CLUB agree and contract as follows: I. HOTEL TAX REVENUE PAYMENT 1.1 Consideration. For and in consideration of the activities to be performed by the CLUB under this Agreement, the CITY agrees to pay to the CLUB a portion of the hotel tax revenue collected by the CiTY at the rates and in the manner specified herein (such payments by the CiTY to the CLUB sometimes herein referred to as the "agreed payments" or "hotel tax funds"). 1.2 Amount of Payments. meanings: As used in this Agreement, the following terms shall have the following specific (i) The term "hotel tax revenue" shall mean the gross monies collected and received by the City as municipal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a room in a hotel, pursuant to Texas Tax Code 351.002 and City Ordinance. Hotel tax revenue will include penalty and interest related to the late payments of the tax revenue by the taxpayer. (ii) The term "Collection period" will mean the collection period for the CITY's fiscal year. it will include hotel tax revenue due to the City for the relevant fiscal year and collected through the 22nd day of the month following the close of the relevant fiscal year. (iii) The term "base payment amount" shall mean a net amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of time (i. e., fiscal year or fiscal quarter), less (1) attorney and auditing costs incurred during such relevant period of time for costs of collection or auditing of hotel taxpayers. Attorney and auditing costs include fees paid to attorneys or agents not in the regular employ of the CITY for which attorneys or agents effect compliance or collection of the hotel tax from taxpayers; and (2) court costs and other expenses incurred in litigation against or auditing of such taxpayers. (iv) The term "contract quarter" shall refer to any quarter of the calendar year in which this Agreement is in force. Contract quarters will end on March 31~t, June 30~, September 30~, and December 31Et of each contract year. (b) In return for satisfactory performance of the activities set forth in this Agreement and all attachments hereto, the CITY shall pay to CLUB an amount of money in each contract year equal to the lesser amount off Two and Thirty-Seven of a percent (2.37%) of the annual base payment amount or the fixed contract amount of Nineteen Thousand, Four Hundred Forty- Six ($19,446). This amount will be paid in one lump sum on July 1, 2003. 1.3 Dates of Payments. (a) The term "quarterly payments" shall mean payments by the CITY to the CLUB of those amounts specified in ¶1.2, above, as determined by the hotel tax revenue collected. (b) Each quarterly payment shall be paid upon receipt of the required reports and after the 25th day following the last day of the contract quarter. If quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable contract quarter, the recipient may be held in breach of this Agreement. The CITY may withhold the quarterly payment(s) until the appropriate reports are received and approved, which approval shall not unreasonably be withheld. 1.4 Other limitations regarding consideration. (a) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the CLUB. (b) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. (c) CITY may withhold further allocations if CITY determines that CLUB's expenditures deviate materially from their approved budget. Page 2 ii. USE OF HOTEL TAX REVENUE 2.1 Use of Funds. For and in consideration of the payment by the CiTY to the CLUB of the agreed payments of hotel tax funds specified above, the CLUB agrees to use such hotel tax funds to attract tourists and convention delegates or registrants to the municipality or its vicinity. Funds for any calendar year which are unused by midnight December 31 st of that year shall be refunded to CiTY within thirty (30) days. 2.2 Administrative Costs. The hotel tax funds received from the CITY by the CLUB may be spent for day-to-day operations, office supplies, salaries, travel expenses, and other administrative costs that are incurred directly in the performance by the CLUB of those activities specified in ¶2.1 above and are allowed by T[~x. T^x Com~ §351.101 (f). 2.3 Specific Restrictions on Use of Funds. (a) That portion of total administrative costs of the CLUB for which hotel tax funds may be used shall not exceed that portion of the CLUB's administrative costs actually incurred in conducting the activities specified in ¶2.1 above. (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of local tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. iii. RECORDKEEPiNG AND REPORTING REQUIREMENTS 3.1 Budget. (a) The CLUB shall prepare and submit to the City Manager of the CITY an annual budget (see Exhibit "A") as approved by the City Council for each calendar year, for such operations of the CLUB in which the hotel tax funds shall be used by the CLUB. This budget shall specifically identify proposed expenditures of hotel tax funds by the CLUB. in other words, the CiTY should be able to audit specifically where the funds in the separate checking account relating to hotel tax funds will be expended. The CITY shall not pay to the CLUB any hotel tax revenues as set forth in Section i of this contract during any fiscal year of this Agreement unless a budget for such respective fiscal year has been approved in writing by the Denton City Council authorizing the expenditure of funds. Failure to submit an annual budget may be considered a breach of contract, and if not remedied is considered grounds for termination of this Agreement as stated in paragraph 4.2. (b) The CLUB acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the CLUB with respect to the hotel tax funds paid by the CITY to the CLUB under this Agreement. The CLUB shall expend hotel tax funds only in the manner and for the purposes specified in this Agreement, Tax. T^x Com~ §351.101(a) and in the budget as approved by the CITY. Page 3 3.2 Separate Accounts. The CLUB shall maintain any hotel tax funds paid to the CLUB by the CITY in a separate bank checking account with segregated accounting, such that any reasonable person can review the source of expenditures of tax funds. A bank reconciliation report (see Exhibit "B") is required with each quarterly report. 3.3 Financial Records. The CLUB shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by the CLUB. These funds are required to be classified as restricted funds for audited financial purposes, and may not be used for supporting services, including, but not limited to, auditing fees and attorney's fees. Upon reasonably advance written request of the Denton City Council, the City Manager or designate, or any other person, shall make such financial records available for inspection and review by the party making the request. CLUB understands and accepts that all such financial records, and any other records relating to this Agreement shall be subject to the Public Information Act, T[~x. GOV'T Com~, ch. 552, as hereafter amended. 3.4 Quarterly Reports. After initial receipt of hotel tax funds, and within thirty days after the end of every quarter thereafter, until all funds have been expended and reported to the CITY, CLUB shall furnish to CITY: (1) a performance report of the work performed under this Agreement describing the activities performed pursuant to this Agreement during that contract quarter, (2) a list of the expenditures made with regard to hotel tax funds pursuant to T[~x. T^x Com~ §351.101(c), and (3) a copy of all financial records (e.g., receipts, invoices, bank statements, and other relevant documentation). Both the performance and expenditure reports will be in a form either determined or approved by the City Manager or designate (see Exhibit "B"). The CLUB shall respond promptly to any request from the City Manager of the CITY, or designate, for additional information relating to the activities performed under this Agreement. 3.5 Notice of Meetings. The CLUB shall give the City Manager of the CITY reasonable advance written notice of the time and place of all meetings of CLUB's Board of Directors, as well as any other meeting of any constituency of the CLUB at which this Agreement or any matter the subject of this Agreement shall be considered. This provision shall not be deemed to require the CLUB to give notice of any executive session of the Executive Committee of the CLUB. IV. TERM AND TERMINATION 4.1 Term. The term of this Agreement shall commence on June 15, 2003 and terminate at midnight on December 31, 2003. 4.2 Termination Without Cause. (a) This Agreement may be terminated by either party, with or without cause, by giving the other party sixty (60) days advance written notice. Page 4 (b) In the event this contract is terminated by either party pursuant to Section 4.2(a), the CITY agrees to reimburse the CLUB for any contractual obligations of the CLUB undertaken by the CLUB in satisfactory performance of those activities specified in ¶¶2.1 and 2.2 above and that were approved by the Council through the budget, as noted in ¶3.1. This reimbursement is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in ¶¶2.1 and 2.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of the CITY to reimburse the CLUB or to assume the performance of any contractual obligations of the CLUB for or under any contract entered into by the CLUB as contemplated herein shall not exceed 66 2/3% of the current quarterly payment. (c) Further, upon termination pursuant to ¶4.2(a), the CLUB will provide the CITY: 1) Within 10 business days from the termination notification, a short-term budget of probable expenditures for the remaining 60 day period between termination notification and contract termination. This budget will be presented to Council for approval within 10 business days after receipt by CITY. if formal approval is not given within 10 business days and the budget does not contain any expenditures that would be prohibited by the Texas Tax Code, and is within the current contractual period approved budget; the budget will be considered approved; 2) Within 30 days, a full accounting of all expenditures not previously audited by the City; 3) Within 5 business days of a request from the CITY, a listing of expenditures that have occurred since the last required reporting period; 4) a final accounting of all expenditures and tax funds on the day of termination. The CLUB will be obligated to return any unused funds or funds determined to be used improperly. Any use of remaining funds by the CLUB after notification of termination is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 2.1 and 2.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. 4.3 Automatic Termination. This Agreement shall automatically terminate upon the occurrence of any of the following events: (a) The termination of the legal existence of the CLUB; (b) The insolvency of the CLUB, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by the CLUB for the benefit of creditors; (c) The continuation of a breach of any of the terms or conditions of this Agreement by either the CiTY or the CLUB for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or (d) The failure of the CLUB to submit a financial quarterly report which complies with the reporting procedures required herein and generally accepted accounting principles prior to the beginning of the next contract term, or quarterly as required by Section 1.3 hereof. 4.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision of this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to terminate this Agreement upon immediate Page 5 notice to the other party in the event that any person has instituted litigation concerning the activities of the non-terminating party, and the terminating party reasonably believes that such activities are required or prohibited under this Agreement. 4.5 In the event that this Agreement is terminated pursuant to ¶¶4.3 or 4.4, CLUB agrees to refund any and all unused funds, or funds determined by the CiTY to have been used improperly, within 30 days after termination of this Agreement. V. GENERAL PROVISIONS 5.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by the CLUB with another private entity, person, or organization for the performance of those services described in ¶2.1 above, in the event that the CLUB enters into any arrangement, contractual or otherwise, with such other entity, person or organization, the CLUB shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and to T[~x. T^x Com~ ch. 351, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 5.2 Independent Contractor. The CLUB shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY. The CLUB shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and the CLUB shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The CLUB shall not be considered a partner or joint venturer with the CITY, nor shall the CLUB be considered nor in any manner hold itself out as an agent or official representative of the CITY. 5.3 Indemnification. THE CLUB AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR INJURIES, DAMAGE, LOSS, OR LIABILITY OF WHATEVER KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE BY THE CLUB OR THOSE SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ALL SUCH CLAIMS OR CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL OR STATUTORY LAW, OR BASED, IN WHOLE OR IN PART, UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OF CLUB, ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSEES AND INVlTEES. 5.4 Assignment. The CLUB shall not assign this Agreement without first obtaining the written consent of the CITY. 5.5 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: Page 6 CITY CLUB City Manager City of Denton 215 E. McKinney Denton, TX 76201 Denton Kiwanis Club, Inc. Robin Olsen 1701 N. Elm St. Denton, Texas 76201 5.6 Inurement. This Agreement and each provision hereof, and each and every fight, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the CLUB and their respective successors and assigns. 5.7 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 5.8 Exclusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this Agreement, which are not fully expressed herein. The terms and conditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. 5.9 Duplicate Originals. This Agreement is executed in duplicate originals. 5.10 Headings. The headings and subheadings of the various sections and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. 5.11 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word in this Agreement, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Agreement, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity. 5.12 Insurance. The CLUB shall provide insurance as follows: $500,000 Commercial General Liability, or $1,000,000 Event Insurance, covering all events taking place on City-owned property Statutory Workers' Compensation and Employers' Liability ($100,000/$500,000/$100,000) The CITY must be named as an additional insured on all policies (except Workers' Compensation) and proof of coverage shall be submitted prior to any payment by the CITY. EXECUTED this __ day of ,2003. Page 7 THE CITY OF DENTON, TEXAS By: EULINE BROCK, MAYOR ATTEST: APPROVED AS TO LEGAL FORM: By: JENNIFER WALTERS, CITY SECRETARY By: Original s~gned by Jerry E. Drake, Jr 6/12/03 HERBERT L. PROUTY, CITY ATTORNEY DENTON K1WANIS CLUB, INC. ATTEST: By: Chairman/Director APPROVED AS TO LEGAL FORM: By: Secretary C:\Doculnents and Settings\jedrake\Desktop\Kiwanis.doc By: Page 8 CITY OF DENTON CITY COUNCIL MINUTES May 19, 2003 After determining that a quorum was presem, the City of DeNon City Council convened in a Work Session on Monday, May 19, 2003 at 11:30 a.m. in the City Council Work Session Room. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Kamp, McNeill, Montgomery, Redmon and Thomson. ABSENT: None 1. The Council received a report and held a discussion regarding the DeNon County Transportation Authority, including but not limited to general funding options for transportation needs. Joe Roy, Vice-Chair- DeNon County Transportation Authority, presemed funding options for the Authority plus a review of the history of the establishment of the committee. He indicated near term milestones including sales tax election dates and dates to call the sales tax election. Sales tax issues included proposed legislation currently under consideration that could place county transportation authorities under TxDot control. Roy reviewed various sales tax rate scenarios as found in the handout provided to Council. Remaining questions to answer included concentrating efforts for the election in the five largest cities, deciding on the minimum uniform rate, and which of the larger cities would support a rate higher than the minimum uniform rate. Council discussion included which major cities would be included in the additional funding request, which cities had only ¼% sales tax available, whether or not all of the smaller cities were included and if the smaller cities not originally included could come back later and ask for service even though they might not be supplying funding. Ed Snyder, Deputy City Attorney, stated that a review of the statute seemed to indicate that there were two separate issues when calling the election. One dealt with the minimum uniform rate and the other would be the additional funding request for the larger cities. The Transportation Authority would call for the minimum uniform rate and the City would call for the extra rate. A question had been raised whether these two questions could be placed on one ballot. He felt there might be a legal problem to do so. The minimum uniform rate had to be established first and then the additional rate, not done at the same time. Council Member McNeill stated that at a prior planning session there had been discussion about allocating 1/8% tax for street maintenance over a 4 year period. Mayor Brock asked what guidance Roy needed for his upcoming meeting. Roy indicated that he needed to know what should be the minimum rate and what cities should be chosen to call the election. Council discussion included giving voters the option of 1/8% for street maimenance and 3/8% for the Transportation Authority; going with the 3/8% would extend Denton's service to 11 years; replacing 1/8 sales tax would cause an 8 cent increase in ad valorem tax; changing the level of service to accommodate the change in sales tax; and the fact that there was a need to have a plan to take care of the streets. City of DeNon City Council Minutes May 19, 2003 Page 2 Chuck Carpenter, Denton Chamber of Commerce, indicated that the Board had a policy support for both issues. Access into and out of Denton was very important. The amounts were not important if Denton were able to support DCTA and address the issue of streets. Roy felt that if DeNon wen to 3/8%, the other larger cities would do the same and not go ½%. However, he was reluctant to have the minimum uniform rate set at 3/8%. He would prefer the minimum uniform rate at ¼% and then see if the larger cities would go the extra ¼%. 2. The Council received a report and held a discussion regarding plans for future City Council meetings. Mayor Brock felt that it would be beneficial to have luncheon meetings on a more regular basis and asked for possible dates and discussion topics. Council Member McNeill suggested holding them more than quarterly. Council Member Redmon suggested holding one work session in the community with an open forum topic. City Manager Conduff indicated that staff would develop a list of topics for Council to consider. Council suggested the following topics for future luncheon meetings: boards and commissions; join meetings with the major boards and commissions; council ethics policy; tree preservation associated with DevelopmeN Code revisions; dedication of mineral resource money for specific purposes; diversity; itineraN vendors and community forum meetings with an open forum for citizens to discuss issues important to them. City Manager Conduff stated that staff would work with the Council Agenda Committee to develop a possible list of dates, structure of the meetings, topics of discussion and logistics of holding meetings out of City Hall. With no further business, the meeting was adjourned at 1:50 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES May 20, 2003 After determining that a quorum was presem, the City Council convened in a Planning Session of the City of DeNon City Council on Tuesday, May 20, 2003 at 4:00 p.m. in the City Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Kamp, McNeill, Montgomery, Redmon and Thomson. ABSENT: None Mayor Brock indicated that Item #2 would be considered first. 2. The Council received a report, held a discussion and gave staff direction regarding TIP Strategies, Inc. recommendations for economic development implementation plans and organizational structure. Linda Ratliff, Director of Economic Developmem, stated that the City had had an economic developmem partnership with the Chamber since 1986. Some of the Chamber's responsibilities included marketing, trade shows, regional and state economic development organizations, and developing various allies to help develop DeNon. The City was responsible for retemion of those businesses and allies. She reviewed the hiring of TIP for strategic planning. Bill Patterson, Chair - Image and Marketing Task Force, stated that a goal of the task force was the opportunity to market Denton around the theme "creative and intellectual capital of North Texas". It was felt that an image survey should be done with a campaign based on those findings designed with both an internal and external campaign. He stated that a community marketing campaign must indicate that it was directed towards the city's image. Randy Robinson, Chair-Business Park, presemed the members of his task force. He reviewed proposed business park sites and the implementation plan. Richard Rares, UNT, detailed the UNT Research Park. He detailed UNT's role in the community, benchmarking to determine three major research parks, the public sector role and presemed three research parks across the county that were already built. He also reviewed the implementation plan for a UNT research park. Mayor Brock reviewed the Downtown Development Task Force recommendations. She stated that Denton was one of the few authentic downtowns with a historic courthouse and a well- preserved square. The dowmown was the economic and social cemer for the city and a vibrato urban center that served as a major business recruitment tool. Council discussion included the following topics: Make-up of a future board for the project Council help with the developmem park on Woodrow Lane Perception of DeNon inside and outside the community Competition with other cities for economic development "Uniqueness of Denton" Maintaining graduates in Denton to assist with economic development. City of Demon City Council Minutes May 20, 2003 Page 2 City Manager Conduff stated that implementation of the projects outlined would be the outcome statements for this topic. Council would consider the appointment of a subcommittee to look at the structure of the future projects. 1. The Council received an outcome statemem and held a discussion regarding Transportation/Airport Master Plan. City Manager Conduff stated that outcome statements described a future state. They did not involve action words and were not strategic plans. Two different forms of the Transportation/Airport Master Plan outcome statements were provided to Council - one in bullet form and one in paragraph form. Council discussed and made changes to the paragraph form of the outcome statement. City Manager Conduff stated that the changes would be incorporated into both the bullet points and the paragraph form. With no further business, the meeting was adjourned at 6:30 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES May 21, 2003 Join Meeting of the City of DeNon City Council and the DeNon IndependeN School District Board of Trustees on Wednesday, May 21, 2003 at 12 noon in the Board Room at the DISD Central Services Building, 1307 N. Locust St., Denton, Texas. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Kamp, McNeill, and Thomson. ABSENT: Council Members MoNgomery and Redmon 1. Mayor Brock called the Council to order; announced a quorum, and provided for introductions. 2. The Council received a report and held a discussion regarding an update on the Natatorium/Waterworks Project. Janet Simpson, Assistant Director of Parks and Recreation, presented an update on the Aquatic CeNer. June 21st would be the grand opening of the CeNer. There would be a dedication and preview of the facilities during the week of June 16th. She also provided an update on staffing, pricing, marketing, and progress on the facility. The Council received a report and held a discussion regarding a Legislative update: A. HB 3331/SB 1778 (Higher Education Authority) Board Trustee Curtis Ramsey presented background and provided an update on the status of the bill. B. HB 872 (Uniform Election Dates) Mayor Brock preseNed information on this bill and how damaging it would be to cities and school districts if passed due to the limitation of uniform election dates. C. Other Legislative Information Superintendent Ray Braswell stated that while there was nothing else specific to be concerned with everyone needed to watch what was going on in Austin as amendments could be added to bills that might be detrimental to the city or school district. 4. The Council received a report and held a discussion regarding possible coordination of Denton lSD Transportation/City of Denton LINK. Gene Holloway, Transportation Coordinator for the DISD, indicated that as the District was cutting back on bus service, there might be a partnership developed with the DISD and LINK for services to school children. A proposal was being developed to have LINK routes for students to drop them off at school and return home on the same route after school. The Council received a report and held a discussion regarding a review of joiN efforts: A. McMath Middle School B. Wayne Stuart Ryan ElemeNary School C. Fiber Connections D. Natatorium (Infrastructure/DevelopmeN) City of Demon City Council Minutes May 21, 2003 Page 2 E. Student Resource Officers F. Other Joint Efforts Superintendent Ray Braswell indicated that this item was really a listing of all the cooperative projects between the DISD and the City. The Council received a report and held a discussion regarding an update of Phase I Bond Projects. Superintendent Ray Braswell stated that various projects included in Phase I had been started including the new stadium, the new high school and Lee Elememary School. Various developmem boards had been placed around the room for viewing. The Council received a report and held a discussion regarding an update on the opening of the North Branch Library. Eva Poole, Director of Libraries, presented an update on status of the project. July 24th would be the grand opening. 8. With no further business, the meeting was adjourned at 1:30 p.m. EULINEBROCK MAYOR CITY OFDENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES May 27, 2003 After determining that a quorum was presem, the City Council convened in a Work Session on Tuesday, May 27, 2003 at 5:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Kamp, McNeill, Montgomery, Redmon and Thomson. ABSENT: None 1. The Council received a report from the Solid Waste Department on providing commercial refuse services to businesses, apartmems and fourplex living units. Vance Kemler, Director of Solid Waste, presemed an overview of solid waster services provided and those services available for commercial customers. Billing options and service options for fourplexes were detailed. Staff had developed a rate survey of dumpster rates from surrounding cities. Council discussion included offering recycling to multifamily units and providing bids for commercial recycling similar to residemial recycling. 2. Staff responded to requests for clarification of consent agenda items listed on the Consent Agenda for the regular meeting of May 27, 2003. Regular Meeting of the City of DeNon City Council on Tuesday, May 27, 2003 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Bryon Piechowski presemed a Rural Electric Safety Accreditation Award to the Mayor and Council. B. Resolutions of Appreciation The Council considered approval of a Resolution of Appreciation for Randy Leavell. Burroughs motioned, Montgomery seconded to approve the resolution. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. City of DeNon City Council Minutes May 27, 2003 Page 2 C. Recognition of staff accomplishments City Manager Conduffpresemed staff accomplishmems to the Council. 3. CITIZEN REPORTS The Council received citizen reports from the following: 1. Brandy Wright: closing down Blagg Road. Ms. Wright stated that she would like to see Blagg Road closed. The former owners of the property who still lived at the end of Blagg Road requested to have the road remain open to make it easier for them to get into Denton. She indicated that there was much illegal dumping in the area and was unsafe for her children. 4. CONSENT AGENDA McNeill motioned, Burroughs seconded to approve the Consem Agenda and accompanying ordinances and resolution. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 2003-138 An ordinance authorizing the Mayor to execute an Interlocal Cooperation Agreemem between the City of DeNon and the City of Corimh for the impoundmem and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement; and providing for an effective date. 2003-139 An ordinance authorizing the Mayor to execute an Interlocal Cooperation Agreemem between the City of DeNon and the City of Aubrey for the impoundmem and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement; and providing for an effective date. 2003-140 - An ordinance authorizing the City Manager or his designee to execute Change Order 30 to the contract between the City of Denton and Pharlap Construction, inc.; providing for the expenditure of funds therefor; and providing an effective date (Bid 2791 - Solid Waste Facility Change Order 30 in the amoum of $105,138). 2003-141 An ordinance providing for the expenditure of funds for the emergency purchase of digester cleaning services for the secondary digester at the Pecan Creek Water Reclamation Plant in accordance with provisions of state law exempting such purchases from the requirement of competitive bidding; and providing an effective date (File 3021 - Emergency Purchase For Digester Cleaning awarded to Liquid Waste Managemem, inc. in the amoum of $27,450). 2003-142 - An ordinance awarding a comract for the purchase of EMS Billing Software as awarded by the State of Texas Building and Procurement Commission through the Qualified information Service Vendor (QiSV) Catalogue Program; providing for the expenditure of funds therefor; and providing an City of DeNon City Council Minutes May 27, 2003 Page 3 effective date (File 3003 - EMS Billing Software awarded to Pinpoim Technologies, inc. in the not to exceed amoum of $170,150). 2003-143 - An ordinance awarding a comract for the purchase of Personnel Staffing Software for the Fire Department as awarded by the State of Texas Building and Procuremem Commission through the Qualified information Service Vendor (QiSV) Catalogue Program; providing for the expenditure of funds therefor; and providing an effective date (File 3004 - Personnel Staffing Software for the Fire Department awarded to Principal Decision Systems International in the amoum of $42,444). 2003-144 - An ordinance of the City of DeNon, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of digital self check machines for the City of DeNon public library system from 3M Library Systems, which are available from only one source in accordance with the pertinem provisions of Chapter 252 of the Texas Local Governmem Code exempting such purchases from the requiremems of competitive bidding; and providing an effective date (File 3019 - Digital Self Check Machines for City of DeNon Library System awarded to 3M Library Systems in the amoum of $92,595). 2003-145 - An ordinance awarding a comract for the purchase of a book theft detection system and accompanying book check out/check in workstations for the North Branch Library as awarded by the State of Texas Building and Procurement Commission; providing for the expenditure of funds therefor; and providing an effective date (File 3033 - Book Theft Detection System awarded to 3M Library Systems in the amoum of $45,726). 2003-146 - An ordinance awarding a comract for the purchase of pesticide services for spraying of mosquitoes; providing for the expenditure of funds therefor; and providing an effective date (Bid 3007 - Pesticide Services for Spraying of Mosquitoes awarded to Adams Exterminating Co., Inc. in the amount of $16.50 per linear mile) 2003-147 - An ordinance of the City of DeNon, Texas authorizing a Confidemial Access Line Compensation Agreement with a certified telecommunications provider pursuant to Chapter 283 of the Texas Local Government Code; authorizing the City Manager and the City Attorney to act on the City's behalf in executing any and all documents necessary to effect such an Agreement, and to take such other actions deemed necessary to finalize the Agreement; and declaring an effective date. Approved tax refunds for the following property taxes: Tax Name Reason Amount Year i Hark i~l Ov~ay~nt 200 $282 09 2. Denton Area Teachers Credit Overpayment 2002 724.13 Union for George Williams City of Denton City Council Minutes May 27, 2003 Page 4 Tax Name Reason Amount Year 4. Lereta Corporation for Duplicate Payment 2002 543.69 Kimberly Pope 5 nt ia g~ aa fo ~liat P n 200~ 6283~ 6. Countrywide Home Loans for Duplicate Payment 2002 564.54 Nathan Adair id ~ ~fo ~li at~P~ nt 2002 58228 8. EMC Mortgage for Millard Ove~ayment 2002 1,111.89 Tho~ 10. Shady Oaks Center, Ltd. Duplicate Payment 2002 5,508.37 i i '¢4~1~g SupPl~nt e~aag~ ~00~ ~8 88 12. Legacy Monterey Homes LP Supplement change per 2002 606.88 the Appraisal Review Board 14. Denton County Title for Thomas Drisdale Duplicate Payment 2002 666.85 2003-148 - An ordinance of the City of DeNon amending a service agreemem between the City of DeNon, Texas and REACH, Inc. in the amoum of $1,000.00, to provide counseling services for disabled persons; providing for the expenditure of funds therefor; and providing for an effective date. 2003-149 - An ordinance of the City of DeNon amending a service agreemem between the City of DeNon, Texas and Children's Advocacy Cemer for DeNon County in the amoum of $350.00; providing for the expenditure of funds therefor; and providing for an effective date. 2003-150 - An ordinance of the City of DeNon amending a service agreemem between the City of DeNon, Texas and Cumberland Presbyterian Children's Home in the amoum of $2,000.00; providing for the expenditure of funds therefor; and providing for an effective date. 2003-151 - An ordinance of the City of DeNon amending a service agreemem between the City of DeNon, Texas and South Ridge Recreation Club in the amoum of $500.00, to provide expenditures for swimming pool fence which is open to the public; providing for the expenditure of funds therefor; and providing for an effective date. 2003-152 - An ordinance of the city of Denton, Texas adopting and approving a uniform Pole Attachment License Agreement for all pole attachment fees and City of DeNon City Council Minutes May 27, 2003 Page 5 charges and all conduit fees and charges involving poles and conduits owned by the City of Denton, Texas; establishing uniform pole attachment fees and charges; establishing uniform conduit fees and charges; authorizing the City Manager to execute said agreements; authorizing the expenditure of funds therefor; and providing an effective date. Qo 2003-153 - An ordinance of the City of DeNon, Texas authorizing the City Manager to execute a Fourth Amended Contract for Professional Legal Services with the law firm of Dickstein, Shapiro, Morin & Oshinsky, L.L.P. for services supporting Denton Municipal Electric in continued electric generation divestiture issues; authorizing the expenditure of funds therefor; providing for retroactive approval of the agreement; and providing an effective date. Ro 2003-154 - An ordinance of the City of DeNon, Texas, authorizing additional expenditures of $332,255.82 associated with the Interlocal Agreement between the City of Denton and the Denton Independent School District for the construction of an aquatic center; and providing an effective date. So R2003-010 - A resolution by the City of DeNon, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Developmem a 2003 Action Plan for Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Developmem Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended and providing for an effective date. 5. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance graining approval of a sub-surface use of a portion of the Pebble Brook Open Space Park for the purpose of a utility easemem in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for a utility easemem; and providing an effective date. Bob Tickner, Parks Superintendent, stated that the public hearing was in accordance with State law as the usage would be other than park property. The request was from the City to enlarge the existing sewer easement on the property that required the public hearing. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: City of DeNon City Council Minutes May 27, 2003 Page 6 NO. 2003-155 AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF THE PEBBLE BROOK OPEN SPACE PARK FOR THE PURPOSE OF A UTILITY EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR A UTILITY EASEMENT; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, McNeill seconded to adopt the ordinance as proposed. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council held the second of two public hearings to consider the volumary annexation and service plan for approximately 67.69 acres of land generally located north and east of Teasley Lane (FM 2181), and west of Blue Bonnett, in the southeastern section of the City of DeNon Extraterritorial Jurisdiction (ETJ). (Teasley Lane High School Annexation, A03- O001) Larry Reichhart, Assistant Director of Planning and Development, stated that this was the second public hearing with no action on the part of the Council at this point in time. Completion of the annexation would be July 22nd. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Greg Pollack, owner of adjacem property, expressed concern regarding enhancemems to Teasley Lane with increased school traffic. Kathleen Pollack, property owner, questioned access to their property with the enhancements to the road. The Mayor closed the public hearing. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. New Business The following item of New Business was suggested by Council Members for future agendas: A. Council Member Redmon requested a report regarding the effectiveness of weather warning sirens especially during the late evening. Bo Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manager Conduff did not have any items for Council. City of Demon City Council Minutes May 27, 2003 Page 7 C. There was no cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. D. There was no official action on Closed Meeting Item(s) under Sections 551.071- 551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 7:02 p.m. EULINEBROCK MAYOR CITY OFDENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: June 17, 2003 DEPARTMENT: CM/DCM/ACM: Engineering Jon Fortune, Assistant City Manager SUBJECT: V03-0013 (Regency Oaks connectivity and maximum cul de sac length) Consider denial of an exaction variance of Section 35.20.2 (P. 1.) of the Code of Ordinance concerning coordination with surrounding streets and connectivity and 35.20.2(A.3.c.) concerning maximum cul de sac lengths. The approximately 11.5-acre parcel is located on the easterly side of Country Club Road/FM1830 and on both sides of Regency Oaks Drive and is in a Neighborhood Residential 2 (NR-2) zoning district. A single-family subdivision is proposed. BACKGROUND: Mr. Allen Bussell, the applicant for this property (representing Michael Vanttuss, the developer/owner of the Regency Oaks Addition) has applied for a full exaction variance of section 35.20.2(P.1.) (concerning coordination with surrounding streets and connectivity) and 35.20.2(A.3.c.) (concerning maximum cul de sac lengths) of the Code of Ordinances regarding relief from the connectivity component and exceeding the maximum cul de sac length. The subject sections of the ordinance requires; Connectivity 1. the street system for each development to be connected with existing, proposed and anticipated streets within and outside the development and shall be extended to the property boundary of the subdivision so as to provide for adequate access, and the safe and effective movement and circulation of traffic in accordance with the connectivity component of the City's Mobility Plan and Cul de 2. sac length cul de sac lengths are not to exceed 600 feet in length for single family/duplex lots with an average lot frontage width of over 100 feet (Transportation Design Criteria Manual, Table X-l-A-l, Cul De Sac Dimensions) The applicant is proposing to replat a portion of the Regency Oaks Addition (those properties as yet unsold) in order to obtain more lots. The code requires that public street(s) extend through a development so as to provide connectivity to/from other adjacent undeveloped property (in this case, to the south). In general, the basis for this section of the ordinance is to not only promote access and circulation (thus promoting adjoining neighborhood interaction) but safety. The lack of connectivity can increase police, fire and ambulance response times to an area where there is limited access because of the possibility that one or more (of the limited number of) routes are restricted or blocked (due to construction, an accident, or the like) and/or restricts the shortest possible route (because police are on patrol, they can respond from any given direction more quickly to a situation because of a more direct route because of multiple entrances, than a circuitous route to a limited number of accesses) to a location in need of these services. In addition, multiple access points allow for a greater dispersion of traffic to the traffic system. Regency Court was constructed under an old code with a length of approximately 1400 feet (as measured from the edge of Country Club Road/FM1830 to the back of the circle). It should be noted that a similar variance was granted to allow the 1400 foot long cul de sac even under the old code because of the limited number of lots. Because of concerns with fire and other emergency vehicles being able to access properties near the end of the street should the single entrance be obstructed, the new code restricts the length to 600ft for estate type residences. A drainage channel is located at about the center of the development and as such, a roadway would not be able to be placed near the middle of Regency Court. Because of the length of the existing cul de sac, a single roadway to the south would not cause the cul de sac's length to meet the current code's requirements, however, the placement of a roadway near the middle would substantially reduce the conditions that now exist. The installation of this roadway would potentially eliminate a lot, as the most appropriate location would be at the easterly portion of lot 3R (which, for a residential street would require approximately 0.427 acres and for a rural suburban street would require approximately 0.512 acres). The applicant's letter (Attachment 3) provides additional information concerning this item. The City Council may approve this exaction variance if the following criterion is met: Criteria for variances from development exactions. Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exaction's, so as to prevent such excess, to the City Council. Waiver of developmental exactions shall be approved by the City Council. The price the applicant(s) paid for the parcel, or the cost of the proposed building improvements is not a factor in determining reasonable costs. The question is, are the costs associated with the public improvement reasonable and consistent with the type of development proposed and the demand for services created by the development? PRIOR ACTION/REVIEW (Council, Boards, Commissions) May 28, 2003 - The Planning and Zoning Commission continues variance request to June 11, 2003. June 11, 2003 - The Planning and Zoning Commission recommends denial of the variance. No action has been taken on this replat. The original final plat was approved with a number of exaction variances based upon the small number of lots. FISCAL INFORMATION City staff does not have an estimate of the cost for the amount of ROW required to be dedicated for the section of roadway to connect to the south, additional pavement at $65 per linear ft of 24ft wide pavement for a rural residential, for approximately 370ft of length, would be approximately $24,000.00. RECOMMENDATION The Planning and Zoning Commission recommends denial (6-1, Commissioner Johnson opposed). Minutes of the June 11, 2003 meeting were not available at the time the report was prepared. ATTACHMENTS 1. Location map 2. Plat 3. Applicant's letter 4. Memo from the Fire Department 5. May 28, 2003 Planning and Zoning Commission minutes Prepared by: Bud Vokoun, Sr. Engineer/Traffic Engineering Department I ~ . ('.4t '0'lt'~#) O£gl P'~e~!' ATTACHMENT #3 APPLICANT'S LETTER Wednesday, March 26, 2003 Planning and Zoning Commission Chairman and Commissioners: We humbly request a Hardship Variance for Connectivity, Block and Cul de Sac length on the Replat of Regency Oaks. The replatted lots wilt be over 1-Acre in size and are served Regency Court, an existing estate section street. This request is not detrimental to Public Safety, health, or welfare nor is it injurious to any property. The project Is Estate lots on an existing cul de sac where very little traffic is expected. The Conditions...are not applicable generally to other property. This property is already platted as an estate type subdivision and therefore is unique. BeCaUse of the particular physical surroundings, shape, topographical conditions of the specific property involved, a particular hardship to the owner would result... Some of the lots within the subdivision are already built on and sold, Also, there is a large drainage channel running north/south bise(;ting the property midway east/west - This is a natural barrier creating long block length. 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. Except for the variances requested, the request Is not varying from ordinance. 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 have not been created by the owner nor the former owner. Thank you. 1621 AMANDA COURT PONDER TEXAS 940. 482. 2907 WWW . GEES . US 76259 Agenda No: 03-011 Agenda item: #3 Fire Marshal's Department AGENDA DATE: DEPARTMENT: STAFF REPRESENTATIVE: AGENDA ITEM: June 11, 2003 Fire Marshal Chad Weldon, Ph. 349-8863 V03-0013 (Regency Oaks Drive, cul de sac length variance) Fire Department Cul De Sac Concerns: Cul de sacs are a concern to the fire department because they provide for only one means of access to a location. An emergency incident at a location with only one means of access can make the logistics of emergency operations very complex. The coordination of moving resources into and out of an incident becomes an issue. This action can increase the time it takes to move the needed resource to the emergency. Many emergency vehicles are very large. The large size is necessary to carry the amount of equipment required at an emergency incident. With only one access mute to an emergency the large emergency vehicles may quickly obstruct the single access from other responding equipment, thus causing emergency workers to move the needed equipment by hand. This problem is increased as the cul de sac length is increased. If the single access route is obstructed prior to the arrival of the emergency vehicles all of the needed equipment must be moved to the emergency by hand. This action can greatly increase the time needed to initiate emergency/life saving actions. Shorter cul de sac lengths and alternate access allows for mom effective emergency operations. V03-0013 (Regency Oaks) This request (V03-0013) would create a greater hazard to an existing single access area. By increasing the number of properties to the area the possibility of an emergency increases. The decrease of lot size will increase the fire exposure potential in this area. Prepared by: Chad Weldon Assistant Fire Marshal Denton Fire Department 940-349-8863 Condens¢ItTM 1 ~ try to preserve natural vegetation and supplement it wi/th 1 2 ~e~xisting vegetation -- or new vegetation, that's fine.~ 2 3 ~ COMMISSIONER POWELL: SO, again, this/Would 3 4 come,about because the property next door wa~/Cmder the 4 5 old pla~. This is under the new plan. And t~s is where 5 6 this fence~ coming from? / 6 7 MK.. REICHHART: Yes, sir. // 7 8 CO~!SSlONER POWELL: T~nk you. Any other 8 9 questions of the ap~plicant? Than?you very much, sir. At 9 10 this stage, we have ~motion to/approve as applied for and 10 11 a second. Any discus~n? )Mr. Mulroy. 11 12 COMMISSIONER~MULROY: .Yes, sir. Mr. 12 13 Chairman, cou.!d. I ask t.~t?~at motion be clarified? I 13 14 didn't it hear if it cor~ined th~ two conditions or not. 14 t 5 It did contain both/c/onditions? ~Qkay. Thank you. 15 16 COMMSSS1ONER POWELL:~e'll clarify it that 16 17 the motion co/ntains the two eonditior~ 17 18 ~CflMMISSlONER MULROY: Thahl~ you. 18 19 ~COMMtSS~ONER POWELL: And th~second -- 19 20 wher~did the second come from? Is that all ~ht, sir? 20 21 / COMMISSIONER ROY: Yes. ~ 21 23 uestions or discussion, I will call for a vote on Itc 23 / No. 5 -- I'm sorry..I'm not going to call for that vote, ~, 24 yet. I apologize, There's a Shelly Hattan, I believe ~ 25 id you want to speak on this or ~0tl~er 1 2 motion? ~__ ~ 2 3 MR. HATTAN: ~ 3 4 COMMISSIONER POWE[L: 'tlmxt~ank you 4 5 very m~apologize and now I'll call fo-"r-a4(qte. 5 6~A~nd~ank you very much. This motion passes 6-0, ~ 6 7 p~raov being absent. 8 Item No. 6 consider making a reconunendation 9 to the City Council regarding an exaction variance of l0 Section 35.20.2 of thc Code of Ordinance concerning 11 coordination with surrounding streets and connectivity 12 35.20.2 concerning maxilmtm cul-de-sac lengths. 13 The approximatety 11.5 acm pared is 14 located on the easterly side of Country Club Road which is 15 also known as Farm m Market 1830. And on both sides of 16 Regency Oaks Drive is in a Neighborhood Residential 2 I 17 Zoning District. Single family subdivision is proposed. 18 Again, this is an item for individual consideration, The 19 Chairman would appreciate a motion so we can discuss this, 20 I apologize, You know, I'm new at this. 21 MR. SNYDER: May I make a suggestion7 22 COMMISSIONER POWELL: Yeah, 23 MR. SNYDER: The motion probably ought to 24 come after you've gotten all of the public input, I 25 rcaliz~ ifs not a public hearing. And -- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 15 COMMISSIONER POWELL: That's where I was heading because it wasn't a public heating. But if it's causing a problem -- MR. SNYDER: well, because really until you've received all of the input, you might not know what the motion is supposed to be, what you would want your ~nofion to be. COMMISSIONER POWELL: ['tl try to curtail my motion making. Sir, please, give us in your input. And I apologize. Pm just roaring to go. MR. VOKOUN: That's no problem with me. Good evening, Mr. Vice-Chair, lady and gentlemen of the Commission, Bud Vokoun, engineering. You have before you a request by Mr. Allen Bussell, the applicant for this property representing Michael Vanttuss, tho developer of the Regency Oaks Addition, who has applied for a full exaction variance, V-03-0013 concerning coordination with surrounding streets connectivity as well as maximum cul-de-sac lengths. The developer is proposing to redo existing properties in such a manner as to redo the property lines in order to get approximately four additional lots within this area. As such, they have to replat. In that, they are then -- fall under the new Code, which has a maximtun cul-de-sac length requirement of 600 feet for properties Page 16 that have frontages that are 100 feet or greater on thc average. This cul-de-sac is approximately 1,400 feet from Country Club to its end. The second component is the new Code requires connectivity whenever a property develops. Staff would like to point out that although there's no reason for a road to go to the south, there is a drainage area in this area, which does inhibit the road from being centralized. It would have to be offset one side or the other, this drainage area and, therefore, the cul-de-sac would still be in excess, potentially, of the Code, but it would still provide connectivity. And with that, that concludes staff's presentation. The applicant is here for any questions you might have, COMMISSIONER POWELL: l'd ask the applicant to come forward, And, Mr. Vokoun, if you'd hang out for questions. Can we have your name and address, sir? MR. BUSSELL: Yes, sir. My name is Allen Bussell. I work for Greg Edwards Engineering Services, 1621 Amanda Court, Ponder. I'll go through this quickly. I don't like to mess around. You guys know where the property is. It's right here. Ryan Road is down here. It's about six-tenths of a mile or more. Hobson is two-tenths north of it. This is the plat. Bud showed PLANNING AND ZONING COMbHSSION MAY 28, 2003 Page 13 - Page 16 CondenscltTM Page 17 1 you this. This is the flood plain that goes from north to 2 south, tt actually starts up at Hobson and then goes 3 further down. 4 This was done four or five years ago, this 5 plat was. And we can channelize the flood plain, do a 6 flood plain study and so we could narrow the flood plain 7 in this area. And so the graphics that I show later will 8 explain that more. 9 This is what the site currently looks like 10 from the road. This is looking into a very large house 11 right hem. This is the entry here. This just to get you 12 coordinated where you are. Existing homes built in this 13 area here along Country Club. This is the bridge area 14 looking southwest. This is from City of Denton.com. And 15 I overlaid several layers so you can more easily see 16 what's going on here. 17 The hatched area here is the flood plain. 18 For some reason the City maps aren't updated with the 19 latest FEMA maps. But that happens quite a bit. So this 20 is channelized in here, from here to here and it does 21 spread out here. 22 What Bud said is correct. This pushes any 23 connection here over to here so that when it -- you know, 24 if it does come out, it comes way over here. The problem 25 with that is this area here is only 200 feet deep. It's 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 18 stilt zoned NR-2, and so when you connect the road here, it makes this land, you know, undevelopable potentiaI[y unless they rezone it. And if they upzone it, well, now, they're forced into a residential section which is dead-ended into an estate section, which doesn't make any sense at all. Going through the Code, the Code is meant for urban development, not estate development. And so 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 19 road extension to the south, if you did extend it to the south is about 390 feet. We'll -- you know, $25,000.00 for pavement. It doesn't include the water. It doesn't include the drainage improvements. It doesn't include the engineering and it doesn't include the loss of a lot. So now we're close to a $100,000.0 in lost money and nobody is getting anything because that area to the south is so small that you can't develop it. If you have any questions I'll be happy to answer th~m. COMMISSIONER POWELL: QUeStions of the applicant? Mr. Mulroy? COMMISSIONER MULROY: Yes, Allen, on the reconfigaration of thc lots, what is the average lot size now as existing and then what wilt be the average tot size when you reconfigure it? MR~ BUSSELL: [ think they were two to two and a half acres. I'm -- it's been a while since I've actually looked at those numbers. We're at one acre minimum now. With what we're proposing as one acre minimmn, COMMISSIONER MULROY: SO yOU'l'~ proposing to reduce them from two and a half to one acre? MR. BUSSEL[: erobably, t'm guessing. But it's going from six to ten lots, so it's probably somewhere in there, Page 20 COMMISSIONER MULROY: All right. And how many homes are built now on the original? MR. BU$SELL: There's three homes built and that's one of the masons we're doing this is because we need to bring the cost down a little bit and market it better. COMMISSIONER MULROY: Right. But those original property owners that have invested in that siz~ there's a lot of problems in there for a large lot development. At NR-2 or at one-acre lots, they could potentially get a flag lot here. But that's ~- I originally submitted this as a hardship variance not an exaction. It's both. Connectivity, like I said, the Code, especially a transportation and drainage sections don't really address large lot subdivisions. You know, you've got 600 foot block lengths. Wall, if you've got ~00 to 200 foot widths, that doesn't make any sense. 9 10 11 12 13 14 15 16 17 18 tots understanding that that was going to be the nature of the neighborhood, the two and a half acres, you know, as far as their investment in the value of the neighborhood, I mean, there's a consideration that you may be impinging upon what they originally bought and built their homes on. MR. BUSSELL: Mr. Vanttuss has gone through and talked to everybody. Nobody is in opposition of redoing this. They understand it needs to be built, tt needs to be improved. It needs to be finished. It's not moving. It's been four years, we've got three houses. Short cul-de-sac lengths. Once again, doesn't make any What we're doing here is we're adding a 16 -- we're adding four lots to bring it from 12 to 16. That's it. If you had a 600 foot block length with al00 foot lot width on it, you could still get 15, and if I stretched it, 17 lots on that 600 foot cul-de-sac. The 19 20 21 22 23 24 25 That's one way to address that. Now, we're still estate lots. We're still luxury lots. We're still 250 to $500,000.00 homes. We're not changing the nature of the subdivision. We're adding four lots from 12 to 16 on estate subdivision. COMMISSIONER MULROY: well, I mean, that's a drastic change from two and a half to one acre. PLANIqlNG AND ZONING COMMISSION MAY 28, 2003 Page 17 - Page 20 CondensoltTM 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 2O 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 MR. BUSSELL: They're still very large lots. I just, you know -- this is a -- we're asking to replat. We're within our rights to re, plat. We're asking for a variance because of the connectivity. COMMISSIONER MULROY: well, the connectivity and the cul-de-sac length? MR. BLISSELL: SIlre. They go hand in hand. Page 21 Page 23 MR. BUSSELL: what Mr. Vanttuss has told 1Yle. COMMISSIONSR ROY: All right. The second point, I'd like to ask about, of course, the whole idea of connectivity has to do, and many cases we have has to do with safety. And how can we handle this? I realize there was a variance given originally to get this long It's an existing cut-de-sac and because of the flood plain there is no way to get around the cul-de-sac length. COMMISSIONER MULROY: *hat was my only question. MR. BUSSELL: Thank you. COMMISSIONER POWELL: Mr, Roy, COMMISSIONER ROY: Following up on Commissioner Mulroy's point. And staff maybe can answer this. ts there a notification requirement on a replat for the neighbors? MR, REICHHART: There will be a renotification for the rcplat, yes. Amy properties within thc original subdivision, the prop~ty owners get notified. COMMISSIONER ROY: SO the prop~y owners were notified of this action? MR. REICHHART: This is a variance, they were not notified of the variance. Page 22 COMMISSIONER ROY: SO we're not doing thc replat tonight? MR. REICHHART: No tonight. COMMISSIONER ROY: This is just the variance for the road? MR. REICHHART: Thatrs correct. COMMISSIONER ROY: okay. MR. SNYDER: Can I add something to that? COMMISSIONER ROY: Yes. MR. SNYDER: Keep in mind the statute does require that you give the notice and public hearing for thc replat. It doesn't for this variance. When the replat comes forward, if you've already granted the variance, the variance has already been granted, you wouldn't be able to revisit that. And you pretty much, so long as the replat complies with the City's Ordinances and regulations, you'll pretty much be duty-bound to approve the replat. I just want you to be aware of that. It's not uncmmmon for us to consider these variances before the 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 11 12 13 14 15 16 17 18 19 replat, but if that's a concern on the Commission that you'd want to hear the variance and the replat at the same time, you know, that's within your discretion. COMMISSIONER ROY: SO, again, yOU say that the three existing homeowners are not in opposition to the changing the number of lots? 20 21 22 23 24 25 cul-de-sac that we have. But now we're being asked to reconsider that issue. So how -- help us go through this safety issue. How we can resolve that in our minds7 MR. BUSSELL: well, first of all, we're connecting to nothing. And we may well be -- we're connecting to a 200-foot wide strip that's zoned NR-2, two units per acre that's bounded on the east with a flood plain that under the new Code you cannot cross without, you know, a major bridge. With that density they're not going to cross it. They're not going to be able to afford to cross it. So stubbing into that road, stubbing into that property is either going to create one of two things. It's either going to create a situation where they're not going to develop it at all or it will just sit there until it's rezoned to a higher density, so they can develop it in which case it will be a different road section connecting to our estate section bringing traffic into a road that's not designed to take traffic. Does that make Page 24 sense? COMMISSIONER ROY: Yes. I understand what you're saying. Thank you. COMMISSIONER POWELL: Mr. Watkins. COMMISSIONER WATKINS: Thank you, Mr. Chair. It seems like a couple of months ago this came before us about the drainage and it seems like at that time you wanted to change the drainage and increase the number of lots? You don't remember it? Perhaps, then my memory is failing. I drove down there a couple of three months ago, very beautiful site. And I saw where the &'ainage comes across and at the time I thought we were considering it because of the drainage and rerouting the drainage to increase the lot size? MR. BUSSELL: Not on this one, COMMISSIONER WATKINS: okay. Withdraw the question. COMMISSIONER POWELL: I have a question of staff, I think. Pm assuming we're only involved in the cul-de-sac length because he's changing the number of lots, but the cul-de-sac was way beyond 600 feet to begin with, wasn't it? MR. VOKOUN: Yes, sir. Under the old Code it allowed cul-de-sacs up to 1,000 feet. And this is 1,400 feet. The variance at that time was given for the PLANNING AND ZONING COMMISSION MAY 28, 2003 Page 21 - Page 24 CondcnscltTM Page 25 1 additional 400 feet. Now, the new Code requires a maximum 2 of 600 feet. 3 COMMISSIONER POW~LL: okay. Since I've got 4 you here, sir, give me the reasons that staff and Council 5 and we here would have changed that from 1,000 to 600? 6 What -- was tlds safety reasons that wc shortened that? 7 MR. VOKOON: Primarily because of fire. If 8 something should happen in this in~rsection and the 9 possibility' of a fire or an emergency on the lots in the 10 back, let's say it is a fire on a lot. The fire 11 department can't pull the hose from Country Club to the 12 back lots. And it's primarily a fire hose pulling concern 13 if there should be an incident at the beginning of the 14 cul-de-sac and the problem is at the back. 15 COMMISSIONER POWELL: SO he's asking for an 16 exemption on the cul-de-sac length, but he really hasn't 17 lengthened iff It's just that since we're changing the 18 nmnber of lots, he's got to go through that hoop again? 19 MR. VOKOON: That's correct. 20 COMMISSIONER POWELL: I understand now. 21 Thank you very much. Mr. Mulroy. 22 COMMISSIONER MULROY: Yes. Bud, I have a 23 question for you. On the original variance that allowed 24 the cul-de-sac extension from 1,000 to 1,400 feet, what 25 was the rationale offered at that time? Page 26 I MR. VOKOUN: staff's rationale at that 2 point was the limited number of lots. 3 COMMISSIONER MULROY: Thank you. So let's 4 be -- you recommended approval at that time? :5 MR, VOKOUN: Yes, sir. 6 COMMISSIONER MULROY: Based on the limited 7 number of lots? 8 MR. VOKOUN: That's correct. 9 COMMISSIONER MULROY: SO now if the number 10 of lots is changing, then your rationale is moot from the 11 first variance? 12 MR. VOKOUN: Yes, that's correct. 13 COMMISSIONER MULROY: Thank you. 14 COMMISSIONER POWELL: Mr. Johnson. 15 COMMISSIONER JOHNSON: Bud, regarding the 16 fire hydrants, how far would they have to pull a hose now? 17 MR. VOKOUN: well, if there was an accident 18 near the front just off of Country Club, and there was an 19 incident in the back on one of these last lots, they'd 20 have to pull about 1,400 feet. 21 COMMISSIONER JOHNSON: well, if I remember, 22 when I drove out there, I believe that I saw fire hydrants 23 located about the center or close to the center, maybe 24 near the drainage area on that cul-de-sac, in other words, 25 it wasn't att the way down at Country Club. Page 27 I Ma. VOKOUN: sight. But they'd have to 2 still pull the hose -- 3 COMMISSIONER POW£LL: Excuse me. Mr. 4 Vokoun, excuse me a second, The bossman hem has got an 5 interruption. 6 MR. RE[CHHART: Maybe Allen can correct me 7 if I'm wrong, but I think theT~ am probably two other 8 fire hydrants out there, Bud, in the center of the lot, 9 and one fmnher back. Because the Fire Code hasn't 10 changed from the distance of -- for the hydrant associamd 11 with the, I think, it's within 500 feet of a house. So I 12 believe there are ~- there's sufficient hydrant coverage, 13 whether the additional lots go in or not because -- in the 14 same area, you'll still be able to cover the same 15 distance. So I believe the fire hydrant issue is a 16 nonissue. 17 COMMISSIONER JOHNSON: well, that's kind of 18 what Iwas going to say. I couldn't remember ifI saw one 19 or two out there, but I think I saw two. 20 MR. VOKOUN: There's also the -- excuse me, 21 but there's also the consideration even though there's 22 fire hydrants there, they still have to pull -~ they don't 23 have to lay the hose all the way from Country Club but 24 they still have to haul the hose down there. They have to 25 still pull the hose down there. The idea being that 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 28 fire department would like to lay their hose off their fire hydrant, off their fire truck from the hydrant to the incident. The further they have to carry that hose over land, the more effort there is for the fire people involved in that. So even though the fire hydrant may be closer, if they have to unload their hoses from Country Club and haul them down to a fire hydrant that's accessible, they still have to carry that hose that distance, so that's a safety issue from that standpoint. COMMISSIONER POWELL: MS. Holt. COMMISSIONER HOLT: Yes. Mr. Vokoun, what is that -- that road that goes in there, it has a ditch on each side, am I correct? MR. VOKOIIN: Yes. It's a rural. COMMISSIONER HOLT: It's a rural-type road. And since we did -- didn't we give them a variance to the 1,400 for the cul-de-sac -- MR. VOKOUN: Yes, ma'am. COMMISSIONER HOLT: -- because of the so few lots? MR. VOKOUN: Ires, ma'am. COMMISSIONER HOLT: Adding all of these extra lots is going to put a lot more traffic on that little road whether it's fire trucks, whether it's an PLANNING AND ZONING CO~SSION MAY 28, 2003 Page 25 - Page 28 CondenseltTM Page 29 ! ambulance, whether it's the people living there. And 2 these -- I would feel better if we, as a Commission, 3 waited until we heard from the owners of those houses that 4 live there that this is okay, because, to me, these are 5 not going to be estate lots. These will be large lots, 6 but they're not estate lots. And I think there's a big 7 difference in two acres and one acre. And the amount of 8 traffic that that will generate on that read, and it's a 9 very rural-type road. 10 It's a very beautiful area, but I would 11 feel better if we waited and did the replat with the 12 variance or vice-versa. 13 COMMISSIONER POWELL: Any other questions 14 of staff or the applicant? I would have a question -- is 15 the fire marshal in the house or a fire marshal, would he 16 -- he's not present. Okay. Then let me ask a question 17 another way. I'll have to assume -- I don't want to 18 assume. I'm going to ask, has the fire marshal 19 participated in this decision where staff recommends 20 denial? 21 MR, VOKOUN: No. 22 COMMISSIONER POWELL: It'S planning staff 23 that's recommending denial at this stage of the game? 24 MR. VOKOUN: Planning and engineering. 25 COMMISSIONER POWELL: Thank you very much. 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 30 1 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 31 about the if we wanted to hear it in conjunction with the replat. COMMISSIONER POWELL: Mr. Roy. COMMISSIONER ROY: This is a unique subdivision in Denton and it is one that personally, I think is needed, you know, to have these large lots because I can't think of another situation where this could be -- and I guess I'm a little bit concerned about the road going nowhere. We've talked about that before and the likelihood of development. But I do have concern over notification and that's my main issue. I would like to have someone authoritatively say that the owners of the property there have been notified of this change and have their ability to be heard. It could very well be that there's no issue. But I'm uncomfortable with that, COMMISSIONER POWELL: Mr. Reichhart. MR. REICHHART: Regarding notification for a replat, there's a three-week requirement prior to the public heating that we have to send the notices to the paper. If we continue this to notify with the replat, it will postpone this application for a month. Another option, if it's up to the applicant or put the burden on them to get either written statements from the existing property owners that they know of the variance request and bring that information forward at the next meeting. Page 32 And I don't mean that negatively. I'm just trying to get a handle on it. Ma. VO~:OU,~: ?he 600 feet that was in thc new Code certainly was discussed with the Fire De~partment at that point as to what their limits were. And that was an agreement for those types of estate properties, thc 600 feet, COMMISSIONER POWELL: Thank you. I've got Mr. Reichhart and then Mr, Mukoy and Mr. Roy, and I'll get Mr. Reichhart first. Ma. anlC~nARI: If I recall, when the replat was submitted, I don't believe the fire marshaPs office had any comments, positive or negative regarding the proposed four additional lots. COMMISSIONER POWELL: Mr, Mulroy. COMMISSIONER MIJLROY: YeS. Thank you, Mr, Chair. Question to staff. If this variance is denied tonight, there's no -- is there a time limit that they cannot bring it back, or are they going to bring it back immediately with the platting process? MR. SNYDER: There's no time limit. Keep in mind that this is an exaction variance request so the applicant does have a right to take it on to Council and look a[ it, appeal it on to City Council. So if you wanted to hear -- well, Pll address that if it comes up 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 That way we know -- I mcan, we could send the notice out. They may not come, choose not to come. And there still might be questions out there, but if the applicant would go and talk to each of the property owners, get written verification from them that they did, in fact, they know about the variance, know of the additional lots, decrease in lot size, increase in the number of lots, potential for additional -- some additional traffic. And they sign off on it, that might even be a little bit better way to get input from them on this. COMMISSIONER ROY: There's only three as I recall. So it should be easy to do. It seems that would be less of a burden -- I mean, it would delay the project less by going that way. COMMISSIONER POWELL: There's only three homeowners, but have more than three lots sold? Thank you. Apparently not more than three lots have sold. He's shaking his head out there. From the Chairman's point of view here, or Vice-Chairman, whatever it is I am tonight, I'm still worried about the safety issue. But, then again, we already gave them the 1,600 feet once. So I kind of weigh that the other way. And I don't particularly want to deny -- and I don't mean I won't vote against it, but I don't want to deny this application. PLANNING AND ZONING COMMISSION MAY 28, 2003 Page 29 - Page 32 CondenseltTM 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 33 I'd prefer that we'd find a way to put it off until the next meeting for lack of better terms, and he could come back with the proper paperwork from the homeowners, property owners, and maybe we could do tiff! again. I don't know what kind of motion that would take. But that would be my preference. MR. SNYDER: Amotion to continue. COMMISSIONER POWELL: If there's a motion to continue on this floor somewhere, we might get a second. COMMISSIONER HOLT: SO moved. COMMISSIONER POWELL: 1 have a motion to continue. Is there a second? COMMISSIONER MULROY: I'm going to second it with a comment that in the interlude I would hope that the applicant and staff get together because it's still problematic for me that the 1,400 was achieved with staff recmmnendation based on a small number of lots and by increasing the nmnber of lots, that nullified staff's recmmnendation of the first variance. So what we're attributing that they have a right to, they malty have undercut themselves when they -- as far as the staff's point of view and staff's recmranendation. So if there's something to be worked out there, I wish that would occur between meetings. Thank 16 17 18 19 20 21 22 24 Page 35 1 don't enjoy being in that position. Thank you, Mr. Chair. 2 COMMISSIONER POWELL: Thank you, sir. Any 3 other comments on the motion on the floor? Motion to 4 continue with a second. And if them are no other 5 comments, Iwill ask for a vote. Wehavea5-1 votein 6 favor of the motion to continue it to the next regular 7 meeting. Thank you much. 8 (COMMISSIONER WATKINS VOTING IN 9 OPPOSITION.) 10 COMMISSIONER POWELL: itwx."~i ~'~0. 7~ 1'1~ making a reco~mnendation to the City Council regardi~ an~ 12 ruction variance of Section 35.2.3 Code of Ordinancg/ 13 cohering the collector street, sidewalk requirem/eats. 14 The 1.2a~s of land is located at the corn~):ff~Paislcy 15 Street and Camp?ell~ Street south of May~Strcet. The propcxty is in a N~qg~borhood ResiCetliial 4 Zoning District Expansion of ~xi~ti~-- child day-care facility is proposed. Mr.?V0ko..un. Me. VOK~5 Good even~g, again. You have before you a request from Mr. Lee Allispn, the applicant for this prop~x6y representing Bettye Myers,~o owner of the Dectoa City County Day School, who has aPt~ed for an 22a~00yn variance, Variance 03-0010 of Section 3(A.3.) of the Code of Ordinances. The property is located on Paisley between 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 PLANNING AND ZONING COMMISSION Page 34 you. COMMISSIONER POWELL: well, we do have a straight motion to continue without any qualifications, correct? COMMISSIONER MULROY: That's correct. 5 COMMISSIONER POWELL: That was just a 6 conuuent of yours. Is there any -- I have a motion and a 7 second. Is there any discussion? I have Mr. Watkins and 8 Mr. Reichhart that would like to talk about this. 9 MR. REICHHART: lust continue it for two 10 weeks, to our next meeting? 11 COMMISSIONER ROY: To the next meeting. 12 COMMISSIONER POWELL: Mr. Watkins. 13 COMMISSIONER WATK1NS: Thank you, Mr. 14 Chair: I guess my problem is this puts us in a bad 15 situation because these tots aren't selling. But by the 16 same token, our predecessors gave the developer what they 17 wanted with this cul-de-sac. We've heard the 200 feet on 18 the south side is still going to be there. If we deny -- 19 the good part about it is, I suppose, that should this be 20 denied, it can go on to the Council. 21 There is a last resort or a resort £rom our 22 thing, but I really have a problem with our predecessors 2523 gave the developer what they wanted and it isn't selling, 24 and so now it's back to us to try to make it work. And I / MAY 28, ih Page ampbell. The applicant, because Paisley is a collector and requires eight feet of sidewalk by Code has for a variance to install five feet of sidewalk not only~a~ng thc frontage along Paisley, but also centime it over t0~inckney. Staff is in agreement with because cu~ntly except for this site along the/~orth side, it's all r~ential fully built. On the s/ofith side to this point~ it's~a{so residential and ful)t/built. On the n~h side from hen)lo Audra, the street is curb and gutte~nd on theeuth side it's curb and gutter from this poin~Au?Za, therefore, staff doesn't see any future devel0~ent in this area coming in and continuing this eight-f~ot sk~walk that would be required. By installing}he sidewal~ for the full block, this would afford the/l~edestrians full~ccess to this block. And staff feets that this is a bet~ solution than tbe eight f°°t that would just be alo~n,_~h~ site. W)th tbat, ttmt concludes staff's rel~rt, and the ap/plicant, as I understand it is in the autt~ence. / COMMISSIONER POWELL: would the applicant like~O~peak? Yes. Please give us your name and ~ ad, ss, ma'am. // MS. OPeeNHE~M: Good evening. I'm Vicki Oppcnhcim with Isbell Engineering Group, 1405 West Chapmka~ Drive in Sanger, Texas. I am here before you only to 2003 Page 33 - Page 36 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: June 17, 2003 Parks and Recreation Department Howard Martin, Assistant City Manager SUBJECT Hold a public hearing and consider adoption of an ordinance graining a license at Brinker Road at milepost 724.3 for the installation of a subsurface electric line in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a license and providing an effective date. BACKGROUND Denton Municipal Electric has requested the use of park land for the purpose stated, in order to provide a new subsurface electric service. The subsurface electric line will enhance the electric grid for the City of Demon. State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands, of the Texas Parks and Wildlife Code requires that: (a) a municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park unless the municipality, acting through its duly authorized governing body or officer, determines that: (1) there is no feasible and prudent alternative to the use or taking of such lan& and (2) the program or project includes all reasonable planning to minimize harm to the land, as a park, resulting from the use or taking. (b) A finding may be made only after notice and a hearing as required by this chapter." If the subsurface electric line crossing license is allowed, a value must be placed on the 100 linear foot section and charged to the Denton Municipal Electric. In addition, land disturbed in the park will be returned to its original condition. Parks and Recreation Department and the City of Denton Electric Engineering staff have reviewed all possible alternatives. These alternatives included: Select another route through the city of Denton that would cross the trail in the Brinker Road street easement crossing, thus not creating another crossing location. Provide subsurface crossing of the Denton Branch Rail Trail by a License agreement with conditions to meet all American Railway Engineering and Maintenance of Way standards. A license agreemem can be developed with Demon Municipal Electric stating the conditions of the License with termination and removal conditions if necessary when and if the trail is reverted back to a rail line per the railbanking laws. OPTIONS After looking at the options, and with the knowledge that the corridor has been idemified in the master plan of the Denton County Transit Authority and DART for future rail transit use, it appears prudent to pursue a licensing agreement with Denton Municipal Electric with conditions for developmem and the removal of the crossing if necessary when and if the trail is reverted to a rail line. RECOMMENDATION After reviewing all alternatives, staff recommends a license agreement with specific conditions for a subsurface electric line crossing to be authorized on the Denton Branch Rail Trail to meet all American Railway Engineering and Maintenance of Way standards. The Parks and Recreation Department confirms that the City of Denton has investigated all other alternatives and has used prudent and reasonable planning to minimize harm to the land. ESTIMATED SCHEDULE OF PROJECT Construction is projected to begin in summer 2003. PRIOR ACTION/REVIEW The Parks and Recreation Board considered this item May 19, 2003. The Parks and Recreation Board recommends approval of this subsurface electric line request. FISCAL INFORMATION Compensation related to this use is still under discussion with Denton Municipal Electric. It is reasonable to expect that improvements directly related to programs and/or facilities on the Demon Branch Rail Trail will be provided if approved. BID INFORMATION Not applicable EXHIBITS: 1. Ordinance 2. Exhibit A: map 3. Park Board Minutes of May 19, 2003. Respectfully Submitted: Ed Hodney, Director Parks and Recreation Departmem Prepared by: Bob Tickner, Superintendent Parks and Recreation Department xh~bit A n Munic_ipai Electric "face Electric Line ~.,~P, Ss~n Subs PFO ~',,~, Brinker Rd Walmart, Store / /// / DRAFT Parks, Recreation and Beautification Advisory Board Meeting May 19, 2003 Members present: Geri Aschenbrenner, Don Edwards, Dalton Gregory, Dale YeaRs and Teresa An&ess. Staff present: Ed Hodney, Janie McLeod, Janet Simpson, Emerson Vorel, John Whitmore and Bob Tickner. Chairman Don Edwards called to order at 6:03 p.m. Awards anclRecognition. Janet asked if the Board had received the announcement of Ed's resignatior~ Janet said that everyone would be invited to a farewell reception. Approval of Minutes of April 28, 2003. Dale made a motion to approve the minutes and Dalton seconded the motion. The motion passed unanimously. ACTION ITEMS City of Denton Municipal Electric Line Crossing Denton Branch Rail Trail (Pockrus Page Road). Bob Tickner discussed the Denton Municipal Electric request to use park land for a new subsurface electric service connecting to a municipal substation. Staff requested Board to support the recommendation to support a license agreement with specific conditions for a subsurface electric line crossing to be authorized on the Denton Branch Rail Trail to meet all American Railway Engineering and Maintenance of Way standards. Dalton made a motion to support staff's recommendation and Dale seconded the motion. The motion was approved unanimously. City of Denton M#nicipal Electric Line Crossing Denton Branch Rail Trail (Brinker Road). Denton Municipal Electric has requested the use of park land for the purpose stated, in order to provide a new subsurface electric service. The subsurface electric line will enhance the electric grid for the City of Denton. Staff recommended a license agreement with specific conditions for a subsurface electric line crossing to be authorized on the Denton Branch Rail Trail to meet all American Railway Engineering and Maintenance of Way standards. Teresa made a motion to approve staff's recommendation and Ged seconded the motion. The motion passed unanimously. Construction of a Temporary By-Pass Roadway at Loop 288 Across the Denton Branch Rail Trail, The City &Denton has requested the use of parkland for the purpose stated, in order to widen and reconstruct Loop 288. Staffrecommended approval to construct a Loop 288 temporary by-pass road near its' current location and provide for a safe pedestrian/bikeway re-route crossing. There will be no major impact on current park operations or programs. EXHIBIT 3 DRAFT The board expressed concerns about pedestrians not being able to cross the street safely and the temporary crossing could become permanent crossing. Geri made a motion to approve the recommendation to approve the proposal to re-route the trail to Colorado Blvd with two conditions, A. The traffic signal at Colorado be upgraded with pedestrian crossing signals, B. Planning be started to provide for a permanent trail pedestrian bridge over Loop 288 during construction of the multi-lane highway improvement. Dalton seconded the motion and it was approved unanimously. The Board asked staff to provide a status report on the progress of this project. DISCUSSION ITEMS Eureka Playground Janet said testing has been completed and it confirmed that arsenic levels at the playground present virtually no risk. Eureka Playground remains open and public notification is well underway. Posted signage and bulletin board displays information of the CCA treated wood and the test results. Jane{ added that the Mayor and City Manager asked that the public and various service groups be invited to a celebration at the park and to participate in applying a sealant to the wood at the playground. She said that the Board would be provided with more information as the event develops. FY 03-04 Budget Proposal. Janet said the budget discussion would be a standing agenda item to discuss any issues with the Board. There was no discussion. DIRECTOR'S REPORT Aquatic Center Status. John gave a slide presentation on the status of the project. He added that 2/3 of the staff has been hired and the total number of employees will be 120. The marketing schedule was announced for radio and television ads and direct marketing items. John said the park opens on June 21st and that the Board will be invited to a VIP reception on June 18th. Project Status Report. janet said she would respond to any questions. There were none. Keep Denton BeautifulReport. Janet said the golf tournament went well and that KDB had applied for the Governor's Achievement Award. Items for Next Meeting. Follow up on Loop 288 over pass. There not being any further discussion, the meeting was adjourned at 7:14 p.m. ORDINANCE NO.. AN ORDINANCE GRANTING APPROVAL OF A LICENSE AGREEMENT FOR THE SUBSURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL TRAIL 54 FEET NORTH OF BRINK_ER ROAD AT MILE POST 724.3 FOR THE PURPOSE OF AN UNDERGROUND ELECTRIC LINE CROSSING IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF A LICENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 26.001 of the Texas Parks of Wildlife Code provides that public land designated and used as a park may be used for a non-park purpose if the City Council finds after notice and heating that there is not feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable planning to minimize the harm to the park resulting from such use; and WHEREAS, the City of Denton desires to cooperate with the Denton Municipal Electric in the development of properties within the City of Denton by providing a license for the construction of an underground electric line 100 linear feet across the trail for an electric distribution line; and WHEREAS, Denton Municipal Electric desires to construct the subsurface electric line across the Denton Branch Rail/Trail since alternative options would not be feasible and prudent; and WHEREAS, the City provided notice in the Denton Record Chronicle on May 26, June 2, and June 16, 2003 of a Public Hearing to be held on June 17, 2003 in the Council Chambers to consider the alternatives to the use of City Park and Recreational land for the subject subsurface electric line project; and WHEREAS, the City Council on June 17, 2003, received testimony from City staff and citizens regarding alternatives to the use of the Denton Branch Rail/Trail for this subsurface electric line; and WHEREAS, the City Council finds that the fact situation discussed above does not fall within the purview of Section 253.001 of the Texas Local Government Code; and WHEREAS, the City Council finds that there is no feasible and prudent alternative to the use of the Park land and that the subsurface electric line project when constructed in accordance with the provisions of the license as described below will minimize the harm to the park land resulting from the proposed use and the surface of such park land effected shall remain useable for the park patrons once the construction of the electric line improvements are completed; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The subsurface electric line proposed by Denton Municipal Electric must be constructed and maintained below the surface of the park property described in Exhibit A, which is attached hereto and made a part hereof for all purposes, and that the surface of the park after installation of the overhead electric line be constructed in a manner so that the park land may still be used by its patrons after completion of the project in the same manner it was used prior to the pro.[ect. SECTION 2. A License which is revocable as required by law (National Trails System Act, 16 U.S.C. 1247(d)) be composed by the City Manager or his designee and approved by the City Attorney allowing, the use of the park property as referenced above with appropriate provision to insure the improvements are constructed in accordance with City Subdivision Rules and Regulations; American Railway Engineering and Maintenance of Way standards, protects the patrons using the park from injury and damage both during and after construction of the project; compensates the City for the reasonable market value of the use herein granted and generally protect the health, safety and general welfare of the City. SECTION 3. During construction of the above described improvements, Denton Municipal Electric may have temporary use of such additional park land necessary to stage the construction of the improvements as may be approved by the Director of Parks and Recreation Department and at the completion of the construction activities for the above improvements such additional park land shall be restored to the condition to which it existed prior to the beginning of such construction activities. SECTION 4. The rights and benefits set forth in this ordinance may not be assigned without the express written consent of the City. SECTION 5. The License above grantee shall, to the extent allowed by law, constitute a covenant running with the land and be filed in the Deed Records of Denton County, Texas. SECTION 6. The findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 7. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 2003. day of ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBE~~y ATTORNEY By: ~ EULINEBROCK, MAYOR Exhibit A Application to The City of Denton Park Department For License to Install Wire Lines Encroaching Under, Over, or Parallel Tracks of the Rails to Trails Ap. piicant Infnrmatinn: Name of Applicant: Address of Applicant: Check One: ( ) Individual ( ) Co-partnership ( ) Corporation ( ) Municipality Contact Person (Preferably, Engineer): nfm~,l~ u~_i "u~_hlin :. ~ut-M~i.Tlt4 Ty.n~. of Fnero~nhment (E:rns~in_n)- phone #: check one: ( X ) Underground ( ) Overhead ( ) Parallel If overhead; vertical clearance is ', a 28' minimum is required from top of rail to bottom of overhead crossing point. If parallel will there be poles on Railway right-of-way___, if yes please show location on prints. Location of wireline Crossing in relation to centerline of Railroad Tracks at Mile Post plus if parallel give beginning Mile Post_~ plus ..feet to Mile Post____ plus . feet. If Spur give distance from point of Switch .feet. Near._.Deaton~_(name of City, Town, or Village and State) in nenf,-m Parish/County, Section Township Range 11. Other N~d~.d 13istane. e_~- Distance from inside face of backwall on nearest Railroad Bridge (Give Bridge # if available). Distance from Centerline of DOT-AAR Numbered Vehicular Crossing (Give DOT #) :: _~a, ~,rm i~n:art ~rtel I~ile tn Trails Will wireline be in a dedicated street or HighwaY?. ownership of street or highway Angle wire line crossing the Railway Tracks: ~/irelinn ]nfnrmation I If yes, please provide documented information proving Type ofWire: ( )Telephone ( X ) Power Line (if powerline please provide voltage ( ) Fiber Optic ( ) other (please specify) Vn~m2~ t3.~nn vn~ta Casin_a Inform~'~on fi3r Llnd~r_arm~nd Wire Size: ~" Material: Steel Depth of top of casing pipe below base of rai~minlmum 5 1/2 feet) (minimum 36 inch depth between top of casing and natural ground or ditch bottom on Railway right-of-way.) Length of casing pipe:__/liQL_._.(If casing is vented, casing shall extend to right*of-way lines, if not vented casing shall be a minimum 25' each side as measured at right angles to cerrterline of track.) 12. 13. Will casing pipe have protective coating? Will casing pipe be c~hodically protected?_.N~ Type: 14. Method of installing casing Pipe: permitted.) {Dry bore and jack or directional bore; wet boring will nat be 15. Will casing pipe be vented? N,,, Diameter: .(minimum 2 inches) All wire lines wilt be marked at entry and exit to railway right-of-way with a sign mounted on a substantiar post at least 4 feet above ground surface. The sign must convey the type of wire line, name of licensee, address of licensee, emergency phone number and any emergency response information. Height above ground surface:_ .(minimum 4 feet) Applicant to furnish 2 copies of the fully completed, questionnaire and 2-8 1/'Z' x 11" or 14" prints showing drawing with crossing measured from the nearest mile post, Bridge backwa~f, point of main line switch and DOT-AAR numbered vehicular crossing, as well as limits of railroad (and street or highway if involved) right-of-way; plus 2 prints of profile ske{ch of actual situation showing relationship of tracks, contours of ground and surface ditches, the wire line, other buried pipe lines or wire lines (if known), etc. This is to be used to prepare exhibit for agreement. ~.PglN"r'~ IdFl=n Tl"~ RI,lt'~W MOI2'FIJ Signature of Applicant AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: June 17, 2003 Parks and Recreation Department Howard Martin, Assistant City Manager SUBJECT Hold a public hearing and consider adoption of an ordinance graining a license for a surface use of a portion of the Denton Branch Rail Trail approximately 120 feet south of Corinth Parkway at milepost 727.7 for the installation of an overhead electric line in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a license and providing an effective date. BACKGROUND Oncor (TXU) has requested the use of park land for the purpose stated, in order to provide a new overhead electric service connecting to a municipal development in the City of Corimh. The overhead electric line will supply electricity to the new Corimh City Hall site across the Denton Branch Rail Trail. State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands, of the Texas Parks and Wildlife Code requires that: (a) a municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park unless the municipality, acting through its duly authorized governing body or officer, determines that: (1) there is no feasible and prudent alternative to the use or taking of such lan& and (2) the program or project includes all reasonable planning to minimize harm to the land, as a park, resulting from the use or taking. (b) A finding may be made only after notice and a hearing as required by this chapter." If the overhead electric line crossing license is allowed, a value must be placed on the 162 linear foot section and charged to the Oncor(TXU). In addition, land disturbed in the park will be returned to its original condition. Parks and Recreation Departmem and the City of Corimh staff have reviewed all possible alternatives. These alternatives included: · Select another route through the city of Corinth that would cross the trail at the Corinth Parkway street easement crossing, thus not creating another crossing location. · Provide a subsurface crossing of the DeNon Branch Rail Trail. This option would be aesthetically pleasing, but may not be possible due to the high voltage lines required. Provide an overhead high voltage wire crossing of the DeNon Branch Rail Trail by a License agreement with conditions to meet all American Railway Engineering and Maimenance of Way standards. An annual license agreemem can be developed with Oncor(TXU) stating the conditions of the License with termination and removal conditions if necessary when and if the trail is reverted back to a rail line per the railbanking laws. OPTIONS After looking at the options, and with the knowledge that the corridor has been idemified in the master plan of the Denton County Transit Authority and DART for future rail transit use, it appears prudem to pursue a licensing agreemem with Oncor(TXU) on an annual basis with conditions for developmem and the removal of the crossing if necessary when and if the trail is reverted to a rail line. RECOMMENDATION After reviewing all alternatives, staff recommends an annual license agreemem with specific conditions for an overhead electric line crossing to be authorized on the Demon Branch Rail Trail. The Parks and Recreation Departmem confirms that the City of Demon has investigated all other alternatives and has used prudem and reasonable planning to minimize harm to the land. ESTIMATED SCHEDULE OF PROJECT Construction is projected to begin in summer 2003. PRIOR ACTION/REVIEW The Parks and Recreation Board considered this item April 28, 2003. The Parks and Recreation Board recommends approval of this overhead electric line request. FISCAL INFORMATION Compensation related to this use is still under discussion with Oncor(TXU). It is reasonable to expect that improvements directly related to programs and/or facilities on the DeNon Branch Rail Trail will be provided if approved. BID INFORMATION Not applicable EXHIBITS: 1. Ordinance 2. Exhibit A: map 3. Park Board Minutes of April 28, 2003. Respectfully Submitted: Prepared by: Bob Tickner, Superintendent Parks and Recreation Department Ed Hodney, Director Parks and Recreation Department H:\RAILTRAI\ONCOR-- 1 \CITY C-1.DOC / ~ / h A ncor, 'oss~n~. P 7 .7 NCTC College Proposed Oncor Electric Line New Corinth City Hall Site Patios, Recreation and Beautification April 28, 2003 Minutes Members present: Don Edwards, Dalton Gregory, Geri Aschenbrenner, Dale Yeatts, Cassandra Berry, and Teresa Andress. Staff present: Ed Hodney, Janet Simpson, Bob Tickner, and Emerson Vorel. Guest: Ed and Carol Soph. Chairman Don Edwards called the meeting to order at 6:00 p.m. Awards and Recognition - Ed announced that the Parks and Recreation Department is a National Gold Medal Finalist for the fourth consecutive year. Ed commended the work that the Parks Maintenance division did at the Denton Arts and Jazz Fest. Approval of Minutes of March 24, 2003. Dale made a motion to approve the March minutes with the following correction: Geri Aschenbrenner was present at the meeting. Geri seconded the motion and it passed unanimously. ACTION ITEMS Pebble Brook Open Space Park Public Sewer Line Easement. Bob discussed the use of parkland for the purpose of a utility easement to locate a sewer line. Bob said after reviewing all other alternatives, staff recommended approval of the use of the Pebble Brook Opens Space Park for the public utility easement. Dalton Gregory made a motion to approve the recommendation and Geri Aschenbrenner seconded the motion. The motion passed unanimously. OnCor (TXU) Electric Line Crossing Denton Branch Rail Trail. Bob discussed the installation of an overhead electric line in accordance with Chapter 26 of the Texas Parks and Wildlife Code. Bob said after reviewing all alternatives, staff recommends an annual license agreement with specific conditions for an overhead electric line crossing to be authorized on the Denton Branch Rail Trail to meet all American Railway Engineering and Maintenance of Way standards. Cassandra Berry asked why use overheads. Bob said too costly to go underground. Dalton Gregory made a motion to approve the recommendation and Teresa Andress seconded the motion. The motion was approved unanimously. DISCUSSION ITEMS FY 03-04 Budget Proposal. Ed said that the budget discussion would be a standing agenda item to discuss any issues with the Board. Board Terms and Election of Officers. Ed said that Council would be making board appointments in July for the members' whose term will have expired. Ed said that Don Edwards and Dalton 1 EXHIBIT 3 Gregory will have fulfilled their board appointment and that Cassandra Berry and Teresa Andress were eligible for reappointments. The other board members present terms had not expired. DIRECTOR'S REPORT Discuss Plans to Mitigate Potential Effects from CCA-Treated Wood at Eureka Playground. Emerson discussed the contact made to the department by citizens concerned about the use of Chromated Copper Arsenate (CCS) on the city's playgrounds. Emerson discussed the recent studies that shown that over time it is possible for arsenic to leach out of the lumber into the ground and arsenic can be picked up on the skin by touching treated lumber. The board had several questions about the actual risks. Ed Soph shared with the board his concerns and stated his opinion that the playground should be closed or a warning sign posted until the issue is resolved. Ed told the board that they would be informed of the City's response and action. Aquatic Center Status. Janet gave an update on the status of the construction, staffing and marketing at the Aquatic Center. Project Status Report. Ed said he would respond to any questions the Board may have. There were no questions. Keep Denton Beautiful Report. There were no comments or questions regarding the report. OTHER ITEMS Schedule Meeting Date for May. Ed asked the Board which date they would like to meet since the next regularly scheduled meeting would fall on Memorial Day. The Board decided to meet on May 19~h. There being no further business, the meeting was adjourned at 7:14 p.m. 2 ORDINANCE NO. AN ORDINANCE GRANTING APPROVAL OF A LICENSE AGREEMENT FOR THE SURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL TRAIL AT CORINTH PARKWAY AT MILE POST 727.7 FOR THE PURPOSE OF AN OVERHEAD ELECTRIC LINE CROSSING IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF A LICENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 26.001 of the Texas Parks of Wildlife Code provides that public land designated and used as a park may be used for a non-park purpose if the City Council finds after notice and heating that there is not feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable planning to minimize the harm to the park resulting from such use; and WHEREAS, the City of Denton desires to cooperate with the City of Corinth in the development of properties within the City of Corinth by providing a license for the construction of an overhead electric line 162 linear feet across the trail for an electric distribution line; and WHEREAS, Oncor Electric desires to construct the overhead electric line across the Denton Branch Rail/Trail since alternative options would not be feasible and prudent; and WHEREAS, the City provided notice in the Denton Record Chronicle on May 26, June 2, and June 16, 2003 of a Public Hearing to be held on June 17, 2003 in the Council Chambers to consider the alternatives to the use of City Park and Recreational land for the subject overhead electric line project; and WHEREAS, the City Council on June 17, 2003, received testimony fi.om City staff and citizens regarding alternatives to the use of the Denton Branch Rail/Trail for this overhead electric line; and WHEREAS, the City Council finds that the fact situation discussed above does not fall within the purview of Section 253.001 of the Texas Local Government Code; and WHEREAS, the City Council finds that there is no feasible and prudent alternative to the use of the Park land and that the overhead electric line project when constructed in accordance with the provisions of the license as described below will minimize the harm to the park land resulting fi:om the proposed use and the surface of such park land effected shall remain useable for the park patrons once the construction of the electric line improvements are completed; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The overhead electric line proposed by Oncor Electric must be constructed and maintained above the surface of the park property described in Exhibit A, which is attached hereto and made a part hereof for all purposes, and that the surface of the park after installation EXHIBIT 1 of the overhead electric line be constructed in a manner so that the park land may still be used by its patrons after completion of the project in the same manner it was used prior to the project. SECTION 2. A License which is revocable as required by law (National Trails System Act, 16 U.S.C. 1247(d)) be composed by the City Manager or his designee and approved by the City Attorney allowing the use of the park property as referenced above with appropriate provision to insure the improvements are constructed in accordance with City Subdivision Rules and Regulations; American Railway Engineering and Maintenance of Way standards, protects the patrons using the park from injury and damage both during and after construction of the project; compensates the City for the reasonable market value of the use herein granted and generally protect the health, safety and general welfare of the City. SECTION 3. During construction of the above described improvements, Oncor Electric may have temporary use of such additional park land necessary to stage the construction of the improvements as may be approved by the Director of Parks and Recreation Department and at the completion of the construction activities for the above improvements such additional park land shall be restored to the condition to which it existed prior to the beginning of such construction activities. SECTION 4. The rights and benefits set forth in this ordinance may not be assigned without the express written consent of the City. SECTION 5. The License above grantee shall, to the extent allowed by law, constitute a covenant running with the land and be filed in the Deed Records of Denton County, Texas. SECTION 6. The findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 7. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of 2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBE'~~ATTORNEYBy: ' s:\Om' D~eum~t~XOrdi~¢~\(>3\Clm!ater 26Oncor de~i<: lin~ MP 72'7.7 co~,,~0~Page 2 of 2 Exhibit A LEGAL, DESCRIPTION Onoor Electric Easement "Dalhoma Trail" Crossing 0.065 Acres Be/rig ail that eertain lot, tract or pared of land situated ia the ~. P. Walton Survey, Abstract Number 1389, City of Cox%th, Denton County, Texas, being part of that certain trace of land deser/bed in deed to the City of Denton (Dalhoma Trail Tract) recorded in Clerk's File Number 93-R0058485 of tlxe Real Property Records of Denton Courtty, Texas, an6 being more pa~ioalarty described as follows: BE(INNING at a ~" capped rebar (G & A) found on the east li~e of said City of Denton (Dalhoma T~D ~act, ~g ~ ~e soa~ fi~t-of-~y ~nc ofCofin~ P~ay, md b~g ~ no~t ~m~ of ~ c~n ~ed 5.~ ~re ~ ~ l~d d~fib~ i~ ~ to ~e Ci~ of Codn~ ~r~d in Vol~e 4708, Pa~ 14~ of~e Re~ ~p~ Rc~Ms of D~n Co--W, T~ ~d be~ M a ~e m ~¢ left; THENCE Southeasterly, along thc east linc of said Dalhoma Trail and the west line of said City of Corinth tract and with the are of said curve having a radius of 193796 feet, a central angle of 00'32'27", whose chord bea~s S 52*44'58" E, 18.29 feet, an are length of 18.29 feef; TI~NCE S I9°28'46" E, 171.86 feet, ~o a point on the west Iin~ o£$aid Dalhoma Trail and the east line of that certain tract of land described in d~ixi to Shirley Ann Ealow recorded in Volume 733, Page 161 of the Deed P,~eords of Denton County, Texas, and being in a curve to thc right; THENCE Northw~-~erly, along the west line of said Dalhoma Trail, the east line of ~aid £nlow ~act and with the are of said curve, having a radius of 2037.96 feet, a cemral angle of 00°41'50'', whose chord bears N 56°42'07" W, 24.80 feet, au arc: length of2~$.g0 fec'q THENCE N 19°25'46'' W, 154.84 feet; THENCE S 58°44'39" W, 21.58 feet; THENCE N 31°15'21'' W, 10.76 feet;. Tn'P, NCE N $7°40'29' E, 29.02 feet, to thc POINT OF BEGINNING and contaiaiag approximately 0.065 acres of laud. kmm;~ ll~.wpd P.O.B. I" E 29. 02' 58'44'39' 21.58' 1/2" City of Denton 93-R0058485 Pi I9'28'46" Shi -~rley Ann Enlow Vol. 7Z55, Pg. 161 Beor;ngs ba~,d cn pi,~t 00'4 I' 50" R=2037. 96' 5.000 Acres City of Corinth 4708/1482 19~ 171.86' ~ CJ)=N 55"42'07" F C£=24.80' EXHIBIT G & A Consultants, Inc. Or, cot Electric Easement 0.065 Acres ~nthe J.P. WALTON SURVEY, ABSTRACT NO. 1389 CITY OF CORINTH DENTON COUNTY, TEXAS LEGAL DESCRIPTION Oncor Eteewic EaSement Pa~t of City of Corinth Tract 0.01 lAcr¢$ Being all that certain lot, tract or parcel of land situated in the $. P. Walton Sur~ey, Abstract Number i389, City of Corinth, Denton County, Texas, being part of that certain called 5-000 acre tract ofl~d described in d~d t~ the City of Corinth recorded in Volume 4708. Page 1482 ofth~ Real Property P..oc~ds olD.ton County, Texas, and being more particularly described as follows: BEGINNING at a ~A' cappod rebar (G & A) found at the northwest comer of said City of Corinth tract, being on the south right-of-way line of Corinth Parkway and being on thc cast line of that certain tract of land described in deed to tl~ City ofDentofl (Dalhoma Trail Tract) recorded in Clerk's File Number 93-R0058485 of thc Real Property Records of Denton Cotmty, Texa~, and being in a curve to the right; THENCE Northeasterly, along the north line of said City of Corinth tract, the south right-of-way line 0fCorinth Parkway and with the arc of said cur~e having a radius of 2400.00 feet, a central aaagle of 00°46'03~, whose chord bears N 58°24'18" Iii, 32.15 feet, an arc length of 32.15 feet, to a point on the east tine cfa utility easement, being irt a curve to the left; THENCE Southeasterly, along the east linc of said utility easement and with the arc of said curve having a radius of 1907.96 fe~'t, a central angle of 00°29'08'', whose chord bears $ 53°0Y57" E, 16.17 fe~ an arc length of 16. I7 feet; TItENCE S 58 °32'4Y' W, 32.28 fe~t, to a point on the west line of said City of Corinth tract and tbe east line of Dalhoma Trail, being in a cxave to the fight; THENCE Northwesterly, along the west line of said City of Corinth tract, the east line of said Dalhoma Trail and with the arc of said curve having a radius of 1937.96 feet, a central angle of 00°28'28'', whose chord bears N 52°42'55'' W, 16.05 feet, an arc length of I6.05 feet, to the POINT OF BEGINNING and containing approximately 0.011 acres of land. l~m_'021 t 9oe2.~ Vol. 733, Pg. 161 ",,. ~ ~ Electric Easeme~ 0.011 A~es in the j.P. WALTON SURVEY, ABSTP~CT NO. 1389 CITY OF CORINTH DENTON COUNTY, TEXAS G & A Co.~ts, Inc. Beo~ings based O~ ptot. TOTRL P. ~ AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: June 17, 2003 Parks and Recreation Department Howard Martin, Assistant City Manager SUBJECT Hold a public hearing and consider the adoption of an ordinance granting approval of a surface use of a portion of the Denton Branch Rail/Trail at Loop 288 milepost 724 for the purpose of a public street easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a license and providing an effective date. BACKGROUND The City of Denton has requested the use of parkland for the purpose stated, in order to widen and reconstruct Loop 288. State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands, of the Texas Parks and Wildlife Code requires that: (a) a municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park unless the municipality, acting through its duly authorized governing body or officer, determines that: (1) there is no feasible and prudent alternative to the use or taking of such lan& and (2) the program or project includes all reasonable planning to minimize harm to the land, as a park, resulting from the use or taking. (b) .4 finding may be made only after notice and a hearing as required by this chapter." Parks and Recreation Department and the City of Denton Engineering staff have reviewed all possible alternatives. These alternatives included: 1. Terminate loop 288 at the Trail crossing. This option is not feasible due to the existing commerce investments along existing roadways Select another route through the city that would not cross Denton Branch Rail Trail at this location. Consider re-routing Loop 288 to Brinker Road. Due to the volume of traffic on Loop 288 and the adjacent businesses, this is infeasible with the surrounding streets unable to handle the traffic. Improve the existing Loop 288 bridge within the existing easement and street alignment. Master Plans have been developed to remove the Loop 288 overhead railroad bridge for the pending improvements of Loop 288. This option is not prudent as improvements would be lost within a 3 year period. Allow the construction of a temporary by-pass roadway across the trail to facilitate the removal of the Loop 288 railroad overhead bridge and Loop 288 reconstruction project. Construct a temporary by-pass trail route to Colorado Boulevard to cross Loop 288. This will provide for a safe route for trail users to continue to transverse the trail in this construction area. OPTIONS Because some alternatives to the easement are not feasible, the best option is option 4 to approve the use as requested by the City of Denton Engineering Department or require the City to begin developing traffic re-routes around the trail or in another location across the trail. RECOMMENDATION After reviewing all alternatives, staff recommends approval of option 4 to construct a Loop 288 temporary by-pass road near it's currem location and provide for a safe pedestrian/bikeway re-route crossing. There will be no major impact on currem park operations or programs. The Parks and Recreation Department confirms that the City of Denton has investigated all other alternatives and has used reasonable planning to minimize harm to the land. ESTIMATED SCHEDULE OF PROJECT Construction is projected to begin in July 2003. PRIOR ACTION/REVIEW The Parks and Recreation Board considered this item May 19, 2003. The Parks and Recreation Board recommends approval noting conditions of safety and future pedestrian bridge planning. See minutes attached. FISCAL INFORMATION Compensation related to this use is still under discussion with Oncor(TXU). It is reasonable to expect that improvements directly related to programs and/or facilities on the Demon Branch Rail Trail will be provided if approved. BID INFORMATION Not applicable EXHIBITS: 1. Ordinance 2. Exhibit A: map 3. Park Board Minutes of May 19, 2003. Respectfully Submitted: Prepared by: Bob Tickner, Superintendent Parks and Recreation Department Ed Hodney, Director Parks and Recreation Department H:\Railtrail crossings and Chapter 26 reviews\City Council Loop 288 Trail by-pass MP724.doc Exhibit By-Pass Propospd Trait B~-Pass Route / Trail Walma~ Store DRAFT Parks, Recreation and Beautification Advisory Board Meeting May 19, 2003 Members present: Geri Aschenbrenner, Don Edwards, Dalton Gregory, Dale YeaRs and Teresa An&ess. Staff present: Ed Hodney, Janie McLeod, Janet Simpson, Emerson Vorel, John Whitmore and Bob Tickner. Chairman Don Edwards called to order at 6:03 p.m. Awards anclRecognition. Janet asked if the Board had received the announcement of Ed's resignatior~ Janet said that everyone would be invited to a farewell reception. Approval of Minutes of April 28, 2003. Dale made a motion to approve the minutes and Dalton seconded the motion. The motion passed unanimously. ACTION ITEMS City of Denton Municipal Electric Line Crossing Denton Branch Rail Trail (Pockrus Page Road). Bob Tickner discussed the Denton Municipal Electric request to use park land for a new subsurface electric service connecting to a municipal substation. Staff requested Board to support the recommendation to support a license agreement with specific conditions for a subsurface electric line crossing to be authorized on the Denton Branch Rail Trail to meet all American Railway Engineering and Maintenance of Way standards. Dalton made a motion to support staff's recommendation and Dale seconded the motion. The motion was approved unanimously. City of Denton M#nicipal Electric Line Crossing Denton Branch Rail Trail (Brinker Road). Denton Municipal Electric has requested the use of park land for the purpose stated, in order to provide a new subsurface electric service. The subsurface electric line will enhance the electric grid for the City of Denton. Staff recommended a license agreement with specific conditions for a subsurface electric line crossing to be authorized on the Denton Branch Rail Trail to meet all American Railway Engineering and Maintenance of Way standards. Teresa made a motion to approve staff's recommendation and Ged seconded the motion. The motion passed unanimously. Construction of a Temporary By-Pass Roadway at Loop 288 Across the Denton Branch Rail Trail, The City &Denton has requested the use of parkland for the purpose stated, in order to widen and reconstruct Loop 288. Staffrecommended approval to construct a Loop 288 temporary by-pass road near its' current location and provide for a safe pedestrian/bikeway re-route crossing. There will be no major impact on current park operations or programs. EXHIBIT 3 DRAFT The board expressed concerns about pedestrians not being able to cross the street safely and the temporary crossing could become permanent crossing. Geri made a motion to approve the recommendation to approve the proposal to re-route the trail to Colorado Blvd with two conditions, A. The traffic signal at Colorado be upgraded with pedestrian crossing signals, B. Planning be started to provide for a permanent trail pedestrian bridge over Loop 288 during construction of the multi-lane highway improvement. Dalton seconded the motion and it was approved unanimously. The Board asked staff to provide a status report on the progress of this project. DISCUSSION ITEMS Eureka Playground Janet said testing has been completed and it confirmed that arsenic levels at the playground present virtually no risk. Eureka Playground remains open and public notification is well underway. Posted signage and bulletin board displays information of the CCA treated wood and the test results. Jane{ added that the Mayor and City Manager asked that the public and various service groups be invited to a celebration at the park and to participate in applying a sealant to the wood at the playground. She said that the Board would be provided with more information as the event develops. FY 03-04 Budget Proposal. Janet said the budget discussion would be a standing agenda item to discuss any issues with the Board. There was no discussion. DIRECTOR'S REPORT Aquatic Center Status. John gave a slide presentation on the status of the project. He added that 2/3 of the staff has been hired and the total number of employees will be 120. The marketing schedule was announced for radio and television ads and direct marketing items. John said the park opens on June 21st and that the Board will be invited to a VIP reception on June 18th. Project Status Report. janet said she would respond to any questions. There were none. Keep Denton BeautifulReport. Janet said the golf tournament went well and that KDB had applied for the Governor's Achievement Award. Items for Next Meeting. Follow up on Loop 288 over pass. There not being any further discussion, the meeting was adjourned at 7:14 p.m. ORDINANCE NO. AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL/TRAIL AT LOOP 288 MILEPOST 724 FOR THE PURPOSE OF A PUBLIC STREET IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR A STREET DEDICATION EASEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 26.001 of the Texas Parks of Wildlife Code provides that pubhc land designated and used as a park may be used for a non-park purpose if the City Council finds after notice and hearing that there is not feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable planning to minimize harm to the park resulting fi.om such use; and WHEREAS, the City of Denton desires to improve public transportation to the City of Denton by constructing a roadway 100 linear feet across the trail for a public street; and WHEREAS, the City of Denton desires to construct the public street across the Denton Branch Rail/Trail since alternative options would not be feasible and prudent; and WHEREAS, the City provided notice in the Demon Record Chronicle on May 26, June 2, and June 16, 2003 of a Public Hearing to be held on June 17, 2003 in the Council Chambers to consider the alternatives to the use of City Park for the subject street project; and WHEREAS, the City Council on June 17, 2003, received testimony at a public hearing on the issues of no feasible and prudent alternative to the use of the property for the proposed project and that the project includes all reasonable planning to minimize harm to the Denton Branch Rail/Trail resulting fi.om the public street crossing; and WHEREAS, the City Council finds that the project does not fall within the purview of Section 253.001 of the Texas Local Government Code; and WHEREAS, the City Council finds that there is no feasible and prudent alternative to the use of the park land and that the subject public street project includes all reasonable planning to minimize harm to the park as a result of the project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The public street crossing for Loop 288 proposed by the City of Denton (the "Project") shall be constructed and maintained above the surface of the park property described in Exhibit A, which is attached hereto and made a part hereof for all purposes. The trail shall be rerouted so that patrons will be able to continue to use the trail during and after construction activities for the Project. SECTION 2. A public street dedication easement which is revocable as required by law (National Trails System Act, 16 U.S.C. 1247(d)) shall be composed by the City Manager or his designee and approved by the City Attorney allowing the use of the park property for the Project as referenced above with appropriate provision to insure the improvements are constructed in EXHIBIT 1 accordance with City Subdivision Rules and Regulations; protects the patrons using the park from injury and damage both during and after construction of the Project; compensates for the reasonable market value of the use herein granted and generally protect the health, safety and general welfare of the City. SECTION 3. During construction of the Project, temporary use of such additional park land necessary to stage the construction of the improvements may be approved by the Director of Parks and Recreation Department. However, at the completion of the construction activities for the Project such additional park land shall be restored to the condition to which it existed prior to the beginning of such construction activities. SECTION 4. The rights and beuefits set forth in this ordinance may not be assigned without the express written consent of the City. SECTION 5. The findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: HERB~~~_~ ATTORNEY Page 2 of 2 THIS i lENGTH iS ONE INCH OR ,THIS SHEET IS REDUCED 320 NOTE~ ; ./ Exhibif A ~. . ~ .~5~urv~' ,~ J.~. TAFT ~to/¢ Loop No. ~ Dcnf on~ Den/on C, cun/y, T'exo~ The fo~oi~ sketch and I~al description were ~epar~ [rom an octuol su~ mode ~ the greed, DENTON EXHIBIT B BEI~/6 ail that certain tract; parcel or strip of/and out of the J. $. TAFT $1/RVEY A.I25B in the City of denton, l~enton County, Texas described by a deed to the Missour~ Kansas & Texas t~ailway Company and now more commonly ~nown as 't~ai/s to Trails' and more particularly described as fo/lows: BEG/lifE/gE at a one-hair inch iron rod found for the intersection of the northwest right-of-way line of State Loop AIo 288 with the northeast right-of-way i/ne of the Missour~ Kansas, & Texas/Tai/way Co., and having Texas Coordinate System, Ivorth Centre/Zone 1£83-199£ datum of X -~ 23£6271.64 and Y =. 7119§13.27 feet, and further being 50.£ feet right of Be//road Chaining Station 1601 + B4.6; and 50 feet right ~nd 168.8 feet short of t~ai/road Mile Post 724; T/IE~/CE: with the said northeast right, of-way line of the Missour~ Kansas, & Texas Bai/way Company, S 41°43'37~E, 265.23 feet to a point for a corner at the intersection of the southeast right-of-way of State loop t~o. 2B8; from which a one-barf inch iron rod found bears tV 72°41' W, 2.7 feet; TEEIVCE: leaving the said railroad northeast right-of-way line, S6§° §0'I3" W, 102.12 feet to a point for corner in the southwest right-of-way//ne of the Missour~ Kansas Texas l~ai/way Company at 58.0 feet/eft of Chaining Station ! 75~+ 20.4 feet; THE~ICE: with the said southwest railroad right.of-way line, N 41 o 43' 37" W, 285.23 feet to a point for corner at the intersection of the northwest right-of-way I/ne of State loop din. 268; ~"HEJ/CE: leaving the said railroad southwest right.of, way line, iV 60° 00'13" E, 102.12 feet to the p/ace of beginning and containing 0.622 acres of/and more or/ess as surveyed by john na//jr rp/s # 197§ during the month of February 2003. Bearings, distances, and coordinates shown hereon are grid per the Texas Coordinate System, Eorth Central Zone, 1983-19£9 datum. To obtain surface distances, multiply by 1.0001546. Areas shown are surface. "Dedicated to Quality Service" wurw. cityofdenton.com AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: June 17, 2003 Parks and Recreation Department Howard Martin, Assistant City Manager SUBJECT Hold a public hearing and consider adoption of an ordinance graining a license for a subsurface use of a portion of the Denton Branch Rail Trail approximately 600 feet north of Pockrus Page Road at milepost 725.7 for the installation of a subsurface electric line in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a license and providing an effective date. BACKGROUND Denton Municipal Electric has requested the use of park land for the purpose stated, in order to provide a new subsurface electric service connecting to a municipal substation. The subsurface electric line will enhance the electric grid for the City of Demon. State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands, of the Texas Parks and Wildlife Code requires that: (a) a municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park unless the municipality, acting through its duly authorized governing body or officer, determines that: (1) there is no feasible and prudent alternative to the use or taking of such lan& and (2) the program or project includes all reasonable planning to minimize harm to the land, as a park, resulting from the use or taking. (b) A finding may be made only after notice and a hearing as required by this chapter." If the subsurface electric line crossing license is allowed, a value must be placed on the 100 linear foot section and charged to the Denton Municipal Electric. In addition, land disturbed in the park will be returned to its original condition. Parks and Recreation Department and the City of Denton Electric Engineering staff have reviewed all possible alternatives. These alternatives included: · Select another route through the city of Denton that would cross the trail at the Pockrus Page Road street easement crossing, thus not creating another crossing location. This location would not be in alignment with the shortest distance to the electric substation. · Provide a subsurface crossing of the Demon Branch Rail Trail by a License agreement with conditions to meet all American Railway Engineering and Maintenance of Way standards. A license agreement can be developed with Denton Municipal Electric stating the conditions of the License with termination and removal conditions if necessary when and if the trail is reverted back to a rail line per the railbanking laws. OPTIONS After looking at the options, and with the knowledge that the corridor has been idemified in the master plan of the Denton County Transit Authority and DART for future rail transit use, it appears prudent to pursue a licensing agreement with Denton Municipal Electric with conditions for development and the removal of the crossing if necessary when and if the trail is reverted to a rail line. RECOMMENDATION After reviewing all alternatives, staff recommends a license agreement with specific conditions for a subsurface electric line crossing to be authorized on the Denton Branch Rail Trail to meet all American Railway Engineering and Maintenance of Way standards. The Parks and Recreation Department confirms that the City of Denton has investigated all other alternatives and has used prudem and reasonable planning to minimize harm to the land. ESTIMATED SCHEDULE OF PROJECT Construction is projected to begin in summer 2003. PRIOR ACTION/REVIEW The Parks and Recreation Board considered this item May 19, 2003. The Parks and Recreation Board recommends approval of this subsurface electric line request. FISCAL INFORMATION Compensation related to this use is still under discussion with Denton Municipal Electric. It is reasonable to expect that improvements directly related to programs and/or facilities on the Demon Branch Rail Trail will be provided if approved. BID INFORMATION Not applicable EXHIBITS: 1. Ordinance 2. Exhibit A: map 3. Park Board Minutes of May 19, 2003. Prepared by: Bob Tickner, Superintendent Parks and Recreation Department Respectfully Submitted: Ed Hodney, Director Parks and Recreation Department Denton ,xhi uni 'pal Electric DRMC Hospital Edward,, Rd. Pro Line DRAFT Parks, Recreation and Beautification Advisory Board Meeting May 19, 2003 Members present: Geri Aschenbrenner, Don Edwards, Dalton Gregory, Dale YeaRs and Teresa An&ess. Staff present: Ed Hodney, Janie McLeod, Janet Simpson, Emerson Vorel, John Whitmore and Bob Tickner. Chairman Don Edwards called to order at 6:03 p.m. Awards anclRecognition. Janet asked if the Board had received the announcement of Ed's resignatior~ Janet said that everyone would be invited to a farewell reception. Approval of Minutes of April 28, 2003. Dale made a motion to approve the minutes and Dalton seconded the motion. The motion passed unanimously. ACTION ITEMS City of Denton Municipal Electric Line Crossing Denton Branch Rail Trail (Pockrus Page Road). Bob Tickner discussed the Denton Municipal Electric request to use park land for a new subsurface electric service connecting to a municipal substation. Staff requested Board to support the recommendation to support a license agreement with specific conditions for a subsurface electric line crossing to be authorized on the Denton Branch Rail Trail to meet all American Railway Engineering and Maintenance of Way standards. Dalton made a motion to support staff's recommendation and Dale seconded the motion. The motion was approved unanimously. City of Denton M#nicipal Electric Line Crossing Denton Branch Rail Trail (Brinker Road). Denton Municipal Electric has requested the use of park land for the purpose stated, in order to provide a new subsurface electric service. The subsurface electric line will enhance the electric grid for the City of Denton. Staff recommended a license agreement with specific conditions for a subsurface electric line crossing to be authorized on the Denton Branch Rail Trail to meet all American Railway Engineering and Maintenance of Way standards. Teresa made a motion to approve staff's recommendation and Ged seconded the motion. The motion passed unanimously. Construction of a Temporary By-Pass Roadway at Loop 288 Across the Denton Branch Rail Trail, The City &Denton has requested the use of parkland for the purpose stated, in order to widen and reconstruct Loop 288. Staffrecommended approval to construct a Loop 288 temporary by-pass road near its' current location and provide for a safe pedestrian/bikeway re-route crossing. There will be no major impact on current park operations or programs. EXHIBIT 3 DRAFT The board expressed concerns about pedestrians not being able to cross the street safely and the temporary crossing could become permanent crossing. Geri made a motion to approve the recommendation to approve the proposal to re-route the trail to Colorado Blvd with two conditions, A. The traffic signal at Colorado be upgraded with pedestrian crossing signals, B. Planning be started to provide for a permanent trail pedestrian bridge over Loop 288 during construction of the multi-lane highway improvement. Dalton seconded the motion and it was approved unanimously. The Board asked staff to provide a status report on the progress of this project. DISCUSSION ITEMS Eureka Playground Janet said testing has been completed and it confirmed that arsenic levels at the playground present virtually no risk. Eureka Playground remains open and public notification is well underway. Posted signage and bulletin board displays information of the CCA treated wood and the test results. Jane{ added that the Mayor and City Manager asked that the public and various service groups be invited to a celebration at the park and to participate in applying a sealant to the wood at the playground. She said that the Board would be provided with more information as the event develops. FY 03-04 Budget Proposal. Janet said the budget discussion would be a standing agenda item to discuss any issues with the Board. There was no discussion. DIRECTOR'S REPORT Aquatic Center Status. John gave a slide presentation on the status of the project. He added that 2/3 of the staff has been hired and the total number of employees will be 120. The marketing schedule was announced for radio and television ads and direct marketing items. John said the park opens on June 21st and that the Board will be invited to a VIP reception on June 18th. Project Status Report. janet said she would respond to any questions. There were none. Keep Denton BeautifulReport. Janet said the golf tournament went well and that KDB had applied for the Governor's Achievement Award. Items for Next Meeting. Follow up on Loop 288 over pass. There not being any further discussion, the meeting was adjourned at 7:14 p.m. ORDINANCE NO. AN ORDINANCE GRANTING APPROVAL OF A LICENSE AGREEMENT FOR THE SUBSURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL TRAIL 600 FEET NORTH OF POCKRUS PAGE ROAD AT MILE POST 725.7 FOR THE PURPOSE OF AN UNDERGROUND ELECTRIC LINE CROSSING IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF A LICENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 26.001 of the Texas Parks of Wildlife Code provides that public land designated and used as a park may be used for a non-park purpose if the City Council fmds after notice and heating that there is not feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes ail reasonable planning to minimize the harm to the park resulting fi-om such use; and WHEREAS, the City of Denton desires to cooperate with the Denton Municipal Electric in the development of properties within the City of Denton by providing a license for the construction of an underground electric line 100 linear feet across the trail for an electric distribution line; and WHEREAS, Denton Municipal Electric desires to construct the subsurface electric line across the Denton Branch Rail/Trail since alternative options would not be feasible and prudent; and WHEREAS, the City provided notice in the Denton Record Chronicle on May 26, June 2, and June 16, 2003 of a Public Hearing to be held on June 17, 2003 in the Council Chambers to consider the alternatives to the use of City Park and Recreational land for the subject subsurface electric line project; and WHEREAS, the City Council on June 17, 2003, received testimony from City staff and citizens regarding alternatives to the use of the Denton Branch Rail/Trail for this subsurface electric line; and WHEREAS, the City Council finds that the fact situation discussed above does not fall within the purview of Section 253.001 of the Texas Local Government Code; and WHEREAS, the City Council finds that there is no feasible and prudent alternative to the use of the Park land and that the subsurface electric line project when constructed in accordance with the provisions of the license as described below will minimize the harm to the' park land resulting from the proposed use and the surface of such park land effected shall remain useable for the park patrons once the construction of the electric line improvements are completed; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The subsurface electric line proposed by Denton Municipai Electric must be constructed and maintained below the surface of the park property described in Exhibit A, S:\Our Docurr nts\Ordinanc. 13 Chapt r 26 Dlvl ck tric line, Mp 725.? Pockrus page rd, c EXHIBIT 1 which is attached hereto and made a part hereof for all purposes, and that the surface of the park after installation of the overhead electric line be constructed in a manner so that the park land may still be used by its patrons affter completion of the project in the same manner it was used prior to the project. SECTION 2. A License which is revocable as required by law CNational Trails System Act, 16 U.S.C. 1247(d)) be composed by the City Manager or his designee and approved by the City Attorney allowing the use of the park property as referenced above with appropriate provision to insure the improvements are constructed in accordance with City Subdivision Rules and Regulations; American Railway Engineering and Maintenance of Way standards, protects the patrons using the park from injury and damage both during and after construction of the project; compensates the City for the reasonable market value of the use herein granted and generally protect the health, safety and general welfare of the City. SECTION 3. During construction of the above described improvements, Denton Municipal Electric may have temporary use of such additional park land necessary to stage the construction of the improvements as may be approved by the Director of Parks and Recreation Department and at the completion of the construction activities for the above improvements such additional park land shall be restored to the condition to which it existed prior to the beginning of such construction activities. SECTION 4. The rights and benefits set forth in this ordinance may not be assigned without the express written consent of the City. SECTION 5. The License above grantee shall, to the extent allowed by law, constitute a covenant running with the land and be filed in the Deed Records of Denton County, Texas. SECTION 6. The findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 7. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 2003. day of ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: H ERBER~~ ATTORNEY EULINE BROCK, MAYOR Exhibit A Application to The City of Denton Park Department For License to Install Wire Lines Encroaching Under, Over, or Parallel Tracks of the Rails to Trails Z Applicant Information: lT)afn Name of Applicant: Address of Applicant: Check One: ( ) Individual ( ) Co-partnership ( ) Corporation Contact Person (Preferably, Engineer): T.vpn nf ~=nernnehrnent ( ) Municipality ~Al~..'~,~cl.7 _114 phone check one: ( X ) Underground ( ) Overhead ( } Parallel ~f overhead; vertical clearance is ', a 28' minimum is required from top of fait to bottom of overhead crossing point. If parallel wilt there be poles on Railway right-of-way.__, if yes please show location on prints. Location of wireline Crossing in relation to centerflne of Railroad Tracks at Mite Post plus if parallel give beginning Mile Post___._ plus feet to Mile Post , plus feet if Spur give distance from point of Switch feet. Near--.De. riffle(name of City, Town, or Village and State) ilt~-D~da312~__Parish/County, Section Township. Range 11. C3ther Needed Distance from inside face of backwali on nearest Railroad Bridge (Give Bridge # if available). Distance from Centedine of DOT-AAR Numbered Vehicular Crossing (Give DOT #) Pe~kflm nnd Rnile f~ Te~ils I~1~1' M~rth ~f inha_neta~-.tinn of Will wire{ine be in a dedicated street or Highway?. ownership of street or highway PAN. ' Angle wire line crossing the Railway Tracks: Wir~lin~. fnfc~rrnafion / if yesr please provide documented information proving Type of Wire: ( )Telephone ( X ) Power Line (if powerline please provide voRage ( ) Fiber Optic ( ) other (please specify) ~n.~ing tnf~rrnatinn fnr Undar~ar~]nd Wire l_~n~ Size: 1R- Material: Steel Depth of top of casing pipe below base of rai[~(minimum 5 1/2 feet) (minimum 36 inch depth between top of casing and natural ground or ditch bottom on Rai[way right°f-way.) Length of casing pipe: ~nn, (If casing is vented, casing shall extend to right-of-way lines, if not vented casing shall be a minimum 25' each side as measured at right angles t~ centerline of track.) 12. 13. 14. 15. Wilt casing pipe have protective coating? Will casing pipe be cathodically protected?_.Na Method of installing casing Pipe: Will casing pipe be vented? N,~ .. Diameter:~ Type: (Dry bore and ]ack or directional bore; wet boring wilt aL0/be permitted.) __(minimum 2 inches) Alt wire lines will be marked at entry and exit to raiiway right-of-way with a sign mounted on a substantial post at least 4 feet above ground surface. The sign must convey the type of wire tine, name of licensee, address of licensee, emergency phone number and any emergency response information, Height above ground surface: (minimum 4 feet) Applicant to furnish 2 copies of the fully completed questionnaire and 2-8 1/2" x 11" or 14" prints showing drawing with crossing measured from the nearest mile post, Bddge backwa[l, point of main line switch and DOT-AAR numbered vehicular crossing, as well as limits of railroad (and street or highway if involved) right-of-way; plus 2 prints of profile sketch of actual situation showing relationship of tracks, contours of ground and surPace ditches, the wire line, other buried pipe lines or wire lines (if known), etc. This is to be used to prepare exhibit for agreement. ?RINT~ NFFn TO RHOW N~RTH Signature of Applicant iPOCKRUS ~ DESCRIPTION: DENTON MUNICIPAL ELECTRIC REQUESTS A PERMITTO BORE ACROSS R.O.W. AND iNSTALL 3- 6" CONDUITS IN 18" STEEL ENCASEMENT W/750 MCM 3E~ CABLE, LOCATED 600' NORTH OF CENTERLINE OF POCKRUS RD. '% OENTERL~IE 0¢ ~,,. POCKRUS RD. · %,, '~ CROSSING VV-/3 - 6" SCALE: ' 27" WATERLINE ~ HOR. I" = 25' t Permit Req Pockrus New Circuit - '~ N I C I F Pi L mo~r~ 60041800 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: June 17, 2003 Planning Department Jon Fortune, Assistant City Manager SUBJECT - SD03-0001 (Quail Creek) Hold a public hearing and consider adoption of an ordinance concerning the creation of a Special Sign District for an approximately 35.5 acre site that is generally located at the northeast corner of Brinker Road and Rails and Trails Reserve intersection. The purpose of the Special Sign District is to allow signage for a development to deviate from the requirements of Subchapter 15 of the Development Code. The Planning and Zoning Commission recommends approval with conditions (5-0). BACKGROUND Applicant: Ed Jeske Dallas, Texas The applicant is proposing the creation of a Special Sign District. Subchapter 15 of the Development Code, authorizes the Planning and Zoning Commission to make a recommendation to the City Council if it finds that the five criteria (Attachment 1) are met and that the proposal is "clearly superior" to what would be permitted without the plan. Staff has received one (1) response neutral to the request from a property owner within 200 feet of the subject site (Attachment 3). OPTIONS 1. Approve as submitted. 2. Approve with conditions 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (5-0) (Commissioners Holt and Powell were absent.) with the following condition: 1. All signs must be of the same material and color. ESTIMATED PROJECT SCHEDULE Building permits for a 264-unit apartment complex have been issued. will encompass 13.5 acres of the subject site. The apartment complex ATTACHMENTS 1. Staff Analysis 2. Location Map 3. Public Notification (Property Owner Notification Map) 4. Special Sign District Site Plan 5. Special Sign District Sign Elevations 6. May 14, 2003 Planning and Zoning Commission Minutes 7. Draft Ordinance Prepared by: De~eb~orah viera, AiCP Planner II Respectfully submitted: Rei¢ ~tant RLA, AICt :ctor of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Request The applicant is proposing the creation of a Special Sign District. Subchapter 15 of the Development Code, authorizes the Planning and Zoning Commission to make a recommendation to the City Council if it finds the five criteria are met and that the proposal is "clearly superior" to what would be permitted without the plan. The ordinance states: The council may approve the creation of a sign district for any property which has more than three hundred (300) feet of continuous street frontage on one (1) public street if it finds the district: (1) Provides a comprehensive plan for signs that would be clearly superior to what would be allowed without the plan; (2) FFould be compatible with surrounding properties. In considering whether a district and sign plan is "compatible" and "clearly superior", the commission and council shall consider, but are not limited to considering the following: 1. Scale. The relationship between and compatibility of sign scale, site scale and the scale of nearby buildings. 2. Color. The relationship between and compatibility of sign color to the color of nearby buildings and landscaping: The degree to which sign colors are complimentary to its surroundings. 3. Material. The materials of the signs and how they relate to their surroundings. 4. Shape. The shape and design of the signs and how they relate to their surroundings. 5. Landscaping. The relationship of signs to landscaped features in and outside the district. 6. Traffic Safe,tv and Traffic Circulation. The impact of the signs on driver's view, the degree to which view obstructions are created or improved, avoidance of confusion with or obstruction of traffic control signs and devices, and the time it takes a motorist to read the sign. 7. Illumination. The impact and compatibility of sign illumination within the district and in relation to neighboring properties. The avoidance of glare and light pollution. 8. Integration. How the signs in the district are integrated into a unified development concept with the topography, building design, other signs, landscaping, traffic circulation and other development features on the district and nearby property. (3) Is not being used merely to avoid or gain a variance of the sign regulations; (4) Does not violate the spirit or intent of the sign regulations; and (5) Complies with the requirements of this for a special sign district. Existing Condition of Property Property History. February 20, 2002 - The subject property was placed in Regional Center Residential 1 (RCR-1) and Regional Center Commercial Neighborhood (RCC-N) zoning districts Ordinance 2002-040. Adjacent zoning. North: Regional Center Residential 1 (RCR-1) and Regional Center Commercial Downtown (RCC-D) South: Regional Center Residential 1 (RCR-1) and Regional Center Commercial Neighborhood (RCC-N) (across Rails and Trails Reserve) East: Regional Center Residential 1 (RCR-1) and Regional Center Commercial Downtown (RCC-D) West: Regional Center Commercial Neighborhood (RCR-N) and Regional Center Commercial Downtown (RCC-D) The subject property encompasses the Quail Creek Apartments development and vacant land. The vacant land has frontage primarily along Brinker Road; and the Quail Creek Apartments has frontage along an internal system of public residential streets. The internal system of public streets allows the applicant to located signs along those internal streets. Sign District Plan Analysis The subject site is located within a "Regional Mixed Use Center" future land use area. Regional Mixed Use Centers are intended to contain the shopping, services, recreation, employment and institutional facilities supported by and serving an entire region. A regional activity center could contain developments such as a regional shopping mall, big box retail, superstores, restaurant and entertainment facilities, a high school or community college, and high-density housing. Staff's analysis for the Special Sign District requires the review of the criteria stated in the ordinance and reiterated in the summary above and then is followed by a Staff finding: The council may approve the creation of a sign district for any property which has more than three hundred (300) feet of continuous street frontage on one (1) public street if it finds the district. Staff finding: The subject property has approximately 693 feet of street frontage along Brinker Road, 1160 feet of street frontage along Quail Creek Drive, 470 feet of street frontage along Berry Down Lane, 736 feet of street frontage along Hudsonwood Road, and 665 feet of street frontage along Stockbridge Road. Provides a comprehensive plan for signs that would be clearly superior to what would be allowed without the plan; · A site plan and proposed sign district ordinance have been prepared by the applicant (Attachment 4). · A comparison of what is proposed to what is permitted by the sign ordinance is shown in the following table: Based on Street Frontage ~re~ Signs Max. Height ~ imu~ ~i~ Maximum Size Permitted by R~qu~st d ~ Si~ Permitted Permitted Re~tea Ordinance per Sign by by Ordinance Ordinance B~ke~Rd ~M~nu~eni ~Mnu ~ at ~ Mo ~men ~at~ Monument sign = 60 an~Monu en ~at~ 6 Signs ~gn 6 Feet ~ ft sq. ft. each ft 8 Signs 6 Feet i M nu ~ at~ Monument sign = 60 3 Signs 6 Feet Monument sign = 60 sq. ft. each g M~nu~ g>anu ~atl Mo ~men ~ at ~ ~ ft Monument sign = 60 ~a 5 Signs ~gn~ 6 Feet an~ ~ Monu en ~ at ~ ~ ~ ft sq. ft. each ft Rd 4 Signs 6 Feet ~ M ~ ~ at ~ f~ Monument sign = 60 ~ive p~oposeo slg~s exceed ~e ~axlm~ effective *Based on applicant's assumption of 8 lots along Brinker Road and Access Drive (Attachment 6) Staff Finding: Based on applicant's assumption of 8 lots along Brinker Road and Access Drive, the applicant's proposal would significantly decrease the number of proposed signs along Brinker Road and the other four streets but some of the individual signs are higher and larger than permitted by Code. Staff finds the applicant's assumption regarding lot layout consonant with the development patterns in the vicinity of the subject site. *Section 35.15.14.2 of the Denton Development Code states that "Any premise may make use of one (1) on-premise ground sign of a maximum height of fifteen (15) feet and an effective area of one hundred twenty (120) square feet, in lieu of any two (2) permitted ground signs." a. If all signs were using the combined sign allowance then the comparison would change to "Eleven signs less is requested than permitted". b. If all signs were using the combined sign allowance then the comparison would change to "No signs exceed the maximum permitted height". c. If all signs were using the combined sign allowance then the comparison would change to "Two signs exceed the maximum effective area allowed". 3. Would be compatible with surrounding properties. Staff Finding: Within the surrounding area, there are not many developments and there is not a large variety of building and sign styles and materials. The applicant is proposing using the owner's own criteria for sign content and a consistent use of natural materials for the nine proposed monument signs. In considering whether a district and sign plan is "compatible" and "clearly superior", the commission and council shall consider, but are not limited to considering the following: Scale. The relationship between and compatibility of sign scale, site scale and the scale of nearby buildings. Staff Finding: The subject site is a 35.5-acre tract of land where an undetermined area of mixed use is proposed at this time. The proposed development provides a mixture of retail or office and an apartment complex. One development, Quail Creek Apartments, has been issued a building permit, but no sign permits have been issued at this time. The areas around the property are undeveloped and have no signs at this time. o Color. The relationship between and compatibili_ty of sign color to the color of nearby buildings and landscaping: The degree to which sign colors are complimenta_ry to its surroundings. Staff Finding: The proposed signs may or may not compliment the proposed buildings of the subject development. The design of the signage is a consistent shape using natural materials, but no specific colors are planned for the architecture of the buildings. 6. Material. The materials of the signs and how they relate to their surroundings. Staff Finding: Signs are not specified in the application to be made of the same materials. The size of each individual tenant sign will be according to the size of the monument space allowed. 7. Shape. The shape and design of the signs and how they relate to their surroundings. Staff Finding: Signs proposed would be of standard geometric shapes that are comparable to other signs throughout Denton. 8. Landscaping. The relationship of signs to landscaped features in and outside the district. Staff Finding: Signs are not specified in the application to be located in landscaped beds. Traffic Safety and Traffic Circulation. The impact of the signs on driver's view, the degree to which view obstructions are created or improved, avoidance of confusion with or obstruction of traffic control signs and devices~ and the time it takes a motorist to read the sign. Staff Finding: Sign locations are not specified in the application, however, the locations of all the proposed monuments signs are stated to conform to the setbacks set forth for signs in the Development Code. 10. Illumination. The impact and compatibility of sign illumination within the district and in relation to neighboring properties. The avoidance of glare and light pollution. Staff Finding: All signage to contain external lighting, however, no language related to prevention of light pollution or lighting standards has been added to the signage plan. However, the sign code only regulates lighting if signs are located within 500 feet of a single-family use or district. The surrounding zoning does not allow single-family development. 11. Integration. How the signs in the district are integrated into a unified development concept with the topography, building design, other signs, landscaping, traffic circulation and other development features on the district and nearby property. Staff Finding: The applicant has not indicated whether they will integrate the architecture features of the proposed buildings into the design of the monument signs. 12. Is not being used merely to avoid or gain a variance of the sign regulations; Staff Finding: Four sign variances would be necessary for the approval of the signs as proposed by the applicant. However, an off-premise sign would not be able to be gained with a variance and are prohibited by the sign ordinance since 1997. 13. Does not violate the spirit or intent of the sign regulations; and The spirit and intent of the sign regulations is to regulate signs according to type, number, size, setback, classification and height. The "spirit" of the ordinance, as noted on the ordinance at the time of adoption stated "WHEREAS, the City Council of the City of Denton finds that the use of signs and other outdoor advertising devices and structures, if unregulated, can, because of their number, placemem, and characteristics, adversely affect property values; aesthetically damage the overall environment; create an unfavorable business climate which hampers attempts to attract and retain desirable commercial and business emerprises; and foster conditions that lessen the enjoymem and desirability of the City of DeNon as a place in which to visit, live and work." Staff Finding: The proposed special sign district will regulate signs according to number, size, and height. 14. Complies with the requirements of the ordinance for a special sign district. Staff Finding: All submittal requirements of the Special Sign District have been met. This section of the ordinance allows the Planning and Zoning Commission to recommend and the City Council to impose appropriate conditions concerning the placement, design or use of signs in the district in order to protect surrounding properties, the community, and comply with the intent of the sign ordinance. STAFF RECOMMENDATION: The applicam's proposal would significamly decrease the number of proposed signs along Brinker Road and the other four streets and would provide a uniform scale for future signage throughout the 35.5 acre development. Therefore, staff recommends approval with the following condition: a. All signs must be of the same material and color. ATTACHMENT 2 Maps NORTH Location Map ....... SITE Quail Creek Al~ert~nts Scale: None ATTACHMENT 3 Public Notification NORTH Notification Map "177f ~=i! C~elc ~men~ 26O0 2~01 260~ Public Notification Date: May 3, 2003 200' Legal Notices* sent via Certified Mail: 10 500' Courtesy Notices* sent via 1st Class Mail: 12 Number of responses to 200' Legal Notice · In Opposition: #0 · In Favor: # 1 · Neutral: # 1 Percent of land within 200' in opposition: 0 % Scale: None *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ]0 TABLE 1 200 FT. PROPERTY OWNERS INFORMATION Property Owner Address Address City State Zip Code EPIC DEVELOPMENT INC ATTN: TAX DEPT 38329 PO BOX 1504 NASHVILLE TN 37202 PEPPERWOOD INC PO BOX 22845 OKLAHOMA CITY OK 73123 HAGGARD, M A 1900 S MAYHILL RD DENTON TX 76208-6602 NELMS, KEVlN PO BOX 64582 FORT WORTH TX 76164-4582 DONNELLY, ROBERT P 3900 QUAILCREEK RD DENTON TX 76208-6108 PO BOX 9790 DBA PECAN CREEK COMM ATTN PROPERTY TAX CMH PARKS INC #549 SPECl MARYVILLE TN 37802 BRITTAIN, QUE & BRENDA 3724 QUAILCREEK RD DENTON TX 76208 1005 W JEFFERSON BLVD OAKTREE PLAZA II LP STE 305 DALLAS TX 75208-5092 COLUMBIA MEDICAL DENTON REGIONAL MEDICAL CENT OF DENTON CENTER PO BOX 1504 NASHVILLE TN 37202 JESKE, E P PO BOX 59025 DALLAS TX 75229-1025 ATTACHMENT 3 Property Owner Responses Property Owner Name and In favor/neutral/ Comments Address /opposed* Robert Donnelly, Neutral No comments 3900 Quail Creek Dr. Ed Jeske (Applicant) Favor No comments ~A copy of the original notice can be picked up at City Hall West, 221 N. Elm Denton TX 76201 12 ATTACHMENT 4 ATTACHMENT 5 Sign ' A' Sign 14 CondenseItTM Page 109 1 COMMISSIONER APPLE: It~gO_ 11 is a public 2 hearing and Ms. Viera with the City Staff will present. 3 I'll open the public hearing. 4 MS~ vier, x: The special sign district under 5 consideration is for 35.5 acres located at the north, 6 northeast comer of Brinker and Rails to Trails. The site 7 encompasses vacant laud and the recently approved Quail 8 Creek Apartment Complex. The site, as you can see, is 9 surrounded by zoning district within the regional center 10 zoning classification. The applicant is proposing a total 11 of nine monmnent signs ranging in height between 6 and 20 12 feet tall and ranging in maximum effective area between 60 13 and 160 square feet. The highlight points of the request 14 are 17 signs less is requested than permitted. Five 15 proposed signs exceed the maximum permitted height, and 16 five proposed signs exceeds the maximum effective area 17 permitted by Code, 18 This request specifies the maximum height, 19 the maximmn effective area, the shape and the signs will 20 be made of natural materials. Currently, we have 24.6 21 percent of opposition that has been received by staff, 22 however, the opposition does not trigger any -- or does 23 not affect any of the Planning and Zoning Commission 24 ruling. Staff recommends that approval of the Sign 25 District SD-03-000t with the condition that all signs must 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 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 11 1 yellow. That's the 60 square foot sign and you can see those at the bottom of your screen, also. Sign B is in blue. There's two of those signs. They're both along Brinker. And then Sign C. There's three of those signs. They're 75 square feet, and they're on the interior of the property where they're proposed along file collector streets that are being built. The numbers at the bottom in kind of a pinkish or a reddish color is tile Code with one user per lot. That's the absolute -- thatrs the minimum, you know, that's the minimum size that they would be. On the top side, if you had two users per lot, which is pretty common in mixed use districts, then you could double that size. And I went with the more conservative. But, for instance, the 720 on the bottom left there could be up to 1260 if you had two users per lot. So our actual area proposed is somewhere in between that. Same thing with thc height. Debra showed this earlier and this is, basically just, once again, easier to see, what signs are going where. You see the two B-type signs, the 160 square foot, 20 by 8 signs along Brinker Road. There's only three signs along Brinker, two of those being the larger side and then one of them the s~naller monument sign. And then you have the other type A signs with the smaller monument signs scattered throughout and the three i5-foot Page 110 be of the same material and color. I believe the applicant is here to present to you. COMMISSIONER APPLE: Thank you. MR. BLISSELL: My name is Allen Bussell. I work at Greg Edwards Engineering Services, I621 Aananda Court in Ponder. I'll just go through this quickly. You guys, I think, have more than enough information in front of you. But just for the record, I'll go through it. This is the location we're talking about, Denton Crossing to the north there, Denton Regional to the south, On the Border and the other new restaurants and Wal-Mart are also near the site. This is the proposed district, if you were to draw a box around it, it would be about 1,300 feet by 1,300 feet not including the 50 foot wide long arm that extends all the way to Mayhill. Rails to Trail on the bottom there and then Brinker to the west. These are the signs that we're proposing. It's easier for me to understand it, instead of just a schematic to put real things around it. Sign A is the 60-square foot sign. Sign B is the 160. it's 20 by 8. And then sign C is five by fifteen. It's more of a multi-user pedestrian or very slow traffie-type sign. You guys have this spreadsheet in your backup, also, but I'd like to color it. It helps me follow things a little bit more. Sign A there is in 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Page 112 signs along tho two collector roads on the west and the south. It's one thing to see it there. It's another thing to see what it's really going to look like along thc street. I took tile City of Denton tope information, then I made a 3-D model out of it and draped Brinker on there. If you were a 5 foot 6 tall person standing on the sidewalk, this is what you'd see with the street trees, et cetera. The two large signs along Brinker here, and then thc type -- the sign number one, the 60-foot square foot sign going to the entrance of the access road that's going into our development. There's a traffic circle going into oar development right at the end as kind of an entry statement. And that's sign number six. And that's the -- at the end of the access drive going in. And that's what this would look like. I think the benefits for this -- this should be a win, win, win, a win for the developer, a win for the City, a win for the neighbors. The biggest thing I get out of this is the higher quality of sign, the less cluttered streets. You know what -- how many signs are coming in. You know pretty much where they're going to be. You know the size. You know the materials unlike driving down Teasley where PLANNING AND ZONING COMMISSION MAY 14, 2003 Page 109 - Page 112 CondenseltTM t 6 7 8 9 10 11 12 13 14 15 16 17 18 21 22 23 24 25 Page 113 you see a lot of mixed use, but every office has its own looking sign and there's six or seven users on that sign and it looks really cluttered. There's sign after sign after sign. You won't have that along this Brinker Road. You'll have these three signs, and that's it. If you have two users per lot, you'll have an actual reduction in height -- a reduction in area is what we're proposing, and like I said, a cormnon theme, materials, ct cetera. That concludes it. I appreciate your recommendation. COMMISSIONER APPLE: Thank you. Conuuissioner Johnson. 1 5 6 7 8 9 10 11 Page 115 properties develop, they would come in and build these other signs. But you wouldn't have a hodge-podgo. They would be planned signs. So you'd have unifying mat~als to kind of draw the development together. Is it a risk in terms of the materials and colors that if those signs are built years a part that it's not going to bo able to be met? MR. BUSSELL: Yeah. We have worked with the adjacent landowner on this, I mean, obviously. He had to sign the application. He saw the presentation material so it's not like we're doing this without everybody's lighted? lighted. COMMISSIONER JOHNSON: Are these signs MR. BUSSELL: Y0S, they're internally COMMISSIONER JOHNSON: internally lighted? MR. BUSSELL: Yes, sir. COMMISSIONER APPLE: Cmranissioner Mulroy. COMMISSIONER MULROY: Yeah, Allen, one of the conditions by staff is that the condition is all signs must be the same material and color. Do you -- have you selected the materials and colors at this time? I guess not. Well, let me ask you, are you in concurrence with the condition that they will all be of the same material and color? Page 114: 1 MR. BUSSELL: Yes. 2 JUDGE HORN: Okay. Thank you. 3 COMMISSIONER APPLE: commissioner Roy. 4 COMMISSIONER ROY: what type of businesses 5 do you anticipate or do you know would go here? 6 MR. BUSSELL: It'S pretty wide open in the 7 regional mixed use area what could go in there from 8 offices to retail to -- 9 COMMISSIONER ROY: Could by restaurants, 10 could be anything? i I MR. BUSSELL: could be. It is much like a 12 zoning case. If they wanted to change, they'd have to 13 come before you and change it. 14 COMMISSIONER ROY: SO I guess I'm a little il 5 confused. You're going to build this and they will come 16 or '~ 17 MR. BUSSELL: We're proposing to build the 18 signs for the development -- for our development right 19 now. And then as the users would come on Brinker, that 20 they would build the remainder of the signs. So the other 21 developers would build the other signs when they get 22 built. 23 This sign right here, sign number one, sign 24 nmnber six, sign number ten, sign nmnber 11, those are the 25 signs that we would build now, okay. And then as these 12 knowledge. We believe the plan that we have is good. The 13 sign sizes are adequate for the traffic that would be 14 along Brinker. But there's a risk to everything. I do 15 believe with the design that we're proposing we've 16 minimized the risk. 17 COMMISSIONER APPLE: Mr. Reichhart has 18 something to add. 19 MR. REICHHART: I just think additionally 20 in talking with the applicant, the chances are that the 2I signs would be very neutral in color and a very natural 22 material that's readily available in the area, whether it 23 be brick or stone or something like that, so it would be 24 compatible because they don't know what the other 25 materials will be, that it would be compatible with almost 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 Page 1 t 6 any type of architectural style. So the more neutral and silnple they keep it, the better off they'll be. But instead of dictating to them, let them determine that. COMMISSIONER APPLE: commissioner Mulroy. COMMISSIONER MULROY: YeS. The presentation indicates a masonry construction, be it brick or stone. MR. BUSSELL: That's what I've seen in all of the materials I've gotten from the architect. COMMISSIONER MULROY: Right. Is it a requirement -- I mean, does the applicant intend to do that masonry? MR. BUSSELL: Yes. From all of the materials I have with construction drawings -- COMMISSIONER MULROY: okay. I'm going to add that to the requirements, the condition. Well, that's what's represented there, but it's not tied down in the text that it be masonry. MR. BUSSELL: l don't think I%o ever come before you guys to show you something that's not like I had shown. COMMISSIONER MULROY: That'8 why I asked if the applicant is ready to commit to that because without that being tied down, we could be giving a sign district away with -- come back with some kind of flimsy aluminum PLANNING AIqD ZONING COMMISSION MAY 14, 2003 Page 113 - Page 116 CondcnscltTM Page 117 1 sign. 2 MR, BUSSELL: I understand. 3 COMMISSIONER APPLE: Commissioner Roy. 4 COMMISSIONER ROY: JBSt a comment, I want 5 to thank you for making it so dear and that's a good way 6 to present this. It makes it easier to understand. Thank 7 you. 8 COMMISSIONER APPLE; I was actually going 9 to make the same comment. I'm a visual person. And i0 seeing that really assists me. All right. No more ! 1 questions. 12 MR. BUSSELL: Thank you. 13 COMMISSIONER APPLE: IS there anyone in the 14 audience who would like to address this Agenda Item? 15 Seeing no one coming forward, I'll dose the public 16 hearing. Commissioner Johnson. 17 COMMISSIONER JOHNSON: I'd like to move 18 approval with the condition stated by staff and the 19 condition added by Commissioner Mulroy that the 20 construction material be masonry. 21 COMMISSIONER MULROY: Second. 22 COMMISSIONER APPLE: We have a motion and a 23 second. Is there any discussion? Vote, please. Motion 24 carries 5-0. 25 1 2 3 4 5 6 7 8 9 10 1! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 118 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 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 119 Page 120 PLANNING AND ZONING COMMISSION MAY 14, 2003 Page 117 - Page 120 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING AN OVERLAY DISTRICT AND APPROVING A SPECIAL SIGN DISTRICT PLAN ON AN APPROXIMATE 35.5 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF BRINKER ROAD AND RAII,S TO TRAILS RESERVE IN THE CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE IvlAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (SD03-0001) WHEREAS, Ed Jeske, has applied for adoption of a Special Sign District on real property containing approximately 35.5 acres of land in Regional Center Residential 1 (RCR-1) and Regional Center Commercial Neighborhood (RCC-N) zoning districts, such real property being more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, on May 14, 2003, the Planning and Zoning Commission, after a public hearing, recommended approval of the Special Sign District; and WHEREAS, the City Council finds that the Special Sign District is in compliance with the Subchapter 15 of the Development Code of the Code of Ordinances of the City of Denton, and is consistent with the Denton 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. SECTION 2. The Special Sign District is hereby approved on the Property subject to the following conditions: a+ Signage on the Property shall be developed, constructed, used, and maintained in accordance with and limited to the Sign Site Plan attached hereto and made a part hereof as Exhibit "A" (the "Special Sign District Plan and Regulations") and the Special Sign District Elevations attached hereto and made a part hereof as Exhibit "B" (the "Special Sign District Elevations"). b. All signs must be masonry and of the same material and color. SECTION 3. This ordinance shall supercede all requirements of the Sign Ordinance affecting the Property that are in conflict with or addressed by the Special Sign District Plan and Regulations and the Special Sign District Elevations established by this ordinance. All other provisions of the Sign Ordinance shall remain in full force and effect against the Property. 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 published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the __ day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~ Page 2 Exhibit A 0 Exhibit A SPECIAL SIGN DIsTRI~NDiTIONS 1. LOCATION. Signs permitted under Ms Special Sign District must be generally located as set forth on the plan attached hereto as Exhibit "D". Such locations are conceptual. The exact locations of the signs shall be determined during final site plan approval. 2. SETBACKS. Front, side and mar yard setbacks for signs permitted under this Special Sign District shall conform to the setbacks set forth for signs in Chapter ! 5 of the Development Code and in the appropriate zoning disffiet for the property on which the signs are located. 3. EFFECTIVE AREAS, DIMENSION, HEIGHT. he maximum effective area, dimensions, and height for signs permitted under this Special Sign District shall be as set forth in Exhibit "E" which is attached hereto for all proposes. 4. PREMISE SIGNS. For-purposes of satisfying any and all requirements and regulations uMer Chapter 15 of the Development Code, all property within the: bo~es of this Special Sign District, whether such property is subdivided or platted into separate lots, ~1 be considered one lot such that ali signs within the Special Sign Disffict shall be considered premise signs. Any sign within this Special Sign District may advertise any use wi~n Us Special Sign District. Il'ds Special Sign District shall not prohibit or regulate in any way, either signs which would otherwise be considered as premise signs but for this Special Sign District, or signs which would be exempt from the provisions of Chapter i 5 of the Development Code. 5. ~~ ~MBER OF SIGNS. The maximum number of signs shall be as identified on the pl~ attached hereto as Exhibit "D". 6. COLOR AND MATERIAL. Signs must be: constructed of natural materials, in earth tone colors, such as, ,adthout limitation, brick, stone, concrete, or other maso~ materials and wood. 7. EFFECT OF CHAPTER 15. Where not sp~ifically mended by Ms Spe~i~ Sign District, the provisions of Chapter 15 of the Development Code shall rem~n in ~1 force and effect. In the event of a conflict between the provisions of Chapter 15 of the Development Code and Ms Special Sign Disffict, the provisions of this Special Sign District shall prevail. 3337047v! Provident Denton-S:pe¢ia{ Sign Disffict Conditions Exhibii B AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: June 17, 2003 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT - Z03-0014 (Hilliard-Fulton Unit No. 1) Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit for a gas well site on approximately 40 acres of land. The property is in a Neighborhood Residential 6 (NR-6) and Community Mixed Use General (CM-G) zoning districts. The subject property is generally located south of Mission, north of Hobson Lane and east of U.S. 377 (Fort Worth Drive). One gas well is proposed. The Planning and Zoning Commission recommends approval (6-0) (Z03-0014, Hilliard-Fulton Unit No. 1, Tiffanie Willis) BACKGROUND Applicant: Ken Seligman, R. L. Adkins Sweetwater, Texas The applicant has submitted a request for a Specific Use Permit (SUP) proposing one gas well on the property. The gas well regulations allow gas well sites only with the approval of a Specific Use Permit in the Neighborhood Residential 6 (NR-6) zoning district. Public notification and property owner responses are provided in attachment 3. As of this writing, staff has received 2 responses, one in favor and one neutral and no replies in opposition from property owners within 200'of the subject site. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of the requested Specific Use Permit (6-0, Commissioner Apple absent) with the following conditions: 1. All residences within 500' feet of the wellhead are notified twenty-four hours prior to beginning any fracing. 2. Fracing operations are restricted to daylight hours only. 3. Install and maintain an eight-foot high blockade style fence constructed on steel post around the gas well site to create a visually appealing screen for the site. 4. All structures shall have a maximum height, not to exceed sixteen (16') feet. ESTIMATED PROJECT SCHEDULE The approval of a Gas Well Development Plat will be required prior to issuance of any permits. PRIOR ACTION/REVIEW The following is a chronology of Z03-0014, known as Hilliard-Fulton Unit # 1: Ordinance 2002-040, adopted February 20, 2002 placed the subject property in the Neighborhood Residential 6 (NR-6) and Community Mixed Use General (CM-G) zoning districts and land use classification. Prior to the adoption of the Development Code, the property was zoned Agricultural (A). On February 18, 2003, an SUP was approved (Ordinance No. 2003-0064) for gas well development on approximately 62.6 acres located immediately east of the subject property. (Z03-0001) Prior to the May 14, 2003 Planning and Zoning public hearing on this case, the applicant revised the boundary of the proposed gas well lease area. As a result, the Planning and Zoning Commission voted to re-notify. Scheduling the public hearing on this case for May 28, 2003. On May 28, 2003 the Planning and Zoning Commission recommended approval of the SUP request (6-0) with conditions. Commission Chairperson, Susan Apple not present. No neighborhood meeting was held. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification (Property Owner Notification Map and Property Owner Responses) 4. Planning and Zoning Commission Minutes, May 14, 2003 5. Planning and Zoning Commission Minutes, May 28, 2003 6. Draft Ordinance 7. Site Plan Exhibit A Prepared by: Tiffanie Willis, Planner I Respectfully submitted: RLA, AI~p Assistant Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary of Zoning Request The subject property is zoned Neighborhood Residential 6 (NR-6) and Community Mixed Use General (CM-G) and is surrounded by residential zoning districts. It was assumed that the area would be developed for high-density single-family homes in the future. The proposed location of the wellhead is located on a 300' X 300' foot pad site in the Neighborhood Residential 6 (NR- 6) zoning district (Attachment 7). The applicant must obtain the approval of a specific use permit (SUP) to allow for the construction, drilling and gas production of natural gas. The SUP is required both in Neighborhood Residential 6 (NR-6) and Community Mixed Use (CM-G) zoning districts. Existing Condition of Property The subject property currently contains single-family homes and accessory uses. None of the single-family homes, appear within 500' feet of the proposed gas well site. Adjacent zoning & Land Uses: North: Employment Center Industrial (EC-I) zoning district - various service and agricultural uses South: Neighborhood Residential 2 (NR-2) and Neighborhood Residential 4 (NR-4) and Neighborhood Residential Mixed Use (NRMU) zoning districts - occupied single-family residential, single-family dwellings, sales and service East: Neighborhood Residential 6 (NR-6) zoning district - vacant and agricultural West: Community Mixed Use General (CM-G) and Neighborhood Residential Mixed Use (NRMU) zoning districts - occupied single-family residential, single-family dwellings, commercial, retail sales, service and agricultural uses The area surrounding the site predominantly maintains established occupied single-family residences, retail and agricultural land uses. The proposed specific use permit may alter the layout for future development of this property. Comprehensive Plan Analysis The subject site is located within a "Community Mixed Use" and "Neighborhood Centers" future land use designation. The "Neighborhood Centers" areas may develop in conventional patterns or may be developed in a pattern of 'neighborhood centers'. Neighborhood centers are oriented inwardly, focusing on the center of the neighborhood and containing 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, a small park and perhaps an elementary school. Additionally, the "Community Mixed-Use Activity Centers" future land use area allows for many support systems to the community. The focus area of a community activity center contains the shopping, services, recreation, employment, and institutional facilities that are required and supported by the surrounding community. Thus, a community activity center could contain a supermarket, drug store, specialty shops, service stations, one or more large places of worship, a Comprehensive Plan Analysis cont'd community park, midsize offices, and employers, high to moderate density housing, and perhaps an elememary or middle school, it includes vertically imegrated uses where differem uses may occur on each floor of the building. Curremly several commercial, retail sales and service and other businesses employ the area that surrounds the subject property. There are several occupied single-family residences within the immediate vicinity of the proposed well site. Development Review Analysis Transportation Trip Generation. After construction of the well site, no significant vehicle trips will be generated. A Traffic impact Analysis (TiA) is not required at this stage of developmem. The gas well will require periodic maimenance and vehicle effects on surrounding property should minimize substamially once the well is drilled and in operation. The design, location, and arrangemem of all driveways and parking spaces shall provide for safe and conveniem movemem of vehicular traffic. No sidewalks are proposed at the entrance. The vehicles that deliver gas well equipment and materials to the site, should not adversely affect the general public or adjacem developmems. Access and Connectivity Access to the property is to be provided from United States Highway (U.S. 377). The DeNon Mobility Plan idemifies U.S. Highway 377 as a major highway comrolled by the Texas Departmem of Transportation (TxDOT). Environmental Quali .ty Impacts The drilling of a gas well will create environmemal impacts in terms of noise and odor. Clean- up of drilling sites is required under the Railroad Commission regulations. Once the drilling is completed and the well is in operation, environmental impacts are expected to be minimal. The Development Plat will address the requirements for access to the gas well site, utilities, topography, drainage, signs, road maimenance, pad site location, secured emrance and tank construction. Development Code/Zoning Analysis The applicam has proposed the construction of one gas well site. The Neighborhood Residemial 6 (NR-6) zoning district designation allow gas well sites only with the approval of an specific use permit. All gas well drilling and production sites shall comply with Subchapter 22 of the Development Code. Section 35.6.5 of the DeNon Developmem Code states that a Specific Use Permit shall be issued only if all of the following conditions have been found: That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; The operation of one gas well site should not diminish or impair property values in the immediate vicinity, as the proposed location of the wellhead is located on a 300' X 300' portion of the proposed 52 acres of land. e That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; It is unlikely that establishment of this specific use will impede the normal and orderly developmem of the surrounding land area. The applicam shall comply with all State and Regulatory requirements. e That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; According to the information presented on the gas well development plat all necessary supporting facilities will be provided. The design, location and arrangement of all driveways and parking spaces provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; All proposed parking areas and driveways meet the requiremems of the City of DeNon. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Adequate nuisance prevention measures will be required. With the exception of fracing and drilling the well, no substamial amoum of noise, odor or fumes will be produced. Subchapter 22, of the Developmem Code addresses the issue of nuisance prevemion measures. e That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and Lighting is required to be projected away from neighboring properties. Subchapter 22 of the Developmem Code addresses the issue of directional lighting. e That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. Use of landscaping as a screen may be a condition on the specific use permit, future single-family residemial developmem is planned in the area. Another option could include painting storage tanks neutral colors to blend with the area. Section 35.6.6 allows the approval body of authority to recommend additional conditions on the proposal to protect the public and the welfare of the community. 5 STAFF FINDINGS The proposed use is compatible with The DeNon Plan and the DeNon Developmem Code. The applicam has adequately satisfied requiremems of a Specific Use Permit. With the exception of the fracing operation, the drilling and production of natural gas is not amicipated to adversely impact the surrounding area. o Drilling of a well and production of natural gas will be monitored and regulated in accordance with the regulations set forth by the Railroad Commission of Texas, the Texas Natural Resource Conservation Commission, the City Gas Well Ordinance, and Fire Code. STAFF RECOMMENDATION Based on the above findings, staff recommends approval of the specific use permit for natural gas well drilling and production with the following conditions: 1. All residences within 500' feet of the wellhead are notified twenty-four hours prior to beginning any fracing. 2. Fracing operations are restricted to daylight hours only. 3. Install and maimain an eight-foot in height blockade style fence constructed on steel post around the gas well site to create a visually appealing screen for the site. 4. All structures shall have a maximum height, not to exceed sixteen (16') feet. ATTACHMENT 2 Location and Zoning Maps NORTH SlTI ~ Approxim[]te Io¢~tion of proposed g=s well NI Future Land Use Map NORTH SITI \ \ Approximate location of proposed gas well Neigh borhto d Center ATTACHMENT 3 Public Notification Map NORTH SITI \Appre×im ate location of proposed ga~ well 200' IMITATION 500' ,IMITATION Public Notification Date ...... May 17, 2003 200' Legal Notices * sent via Certified Mail: 35 500" Courtesy Notices* sent via 1st Class Mail: 65 Number of responses to 200' Legal Notice · In Opposition: 0 · In Favor: 1 · Neutral: 1 Responses within 200' Name Address Comment Robert Prwett 504 & 508 Mission In Favor Lois Woodson 310 S. Elm Neutral *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ATTACHMENT 3 PUBLIC NOTIFICATION MAP NORTH SITI \Approxim ate Iocatiofl of proposed gas well 200' ,IMITATION 500' 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: 1 · Neutral: 1 Percent of land within 200' in opposition: 0% May 17, 2003 35 65 Responses within 200' Name Address Comment Robert Prwett 504 & 508 Mission In Favor Lois Woodson 310 S. Elm Neutral *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 CondenseItTM 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 1! 12 ~3 14 15 16 17 18 19 20 21 22 23 24 25 Page 93 COMMISSIONER APPLE: Item 10 on our Agenda is a public hearing. And Mr. Rcichhart will address us, and I will open the public hearing. MR. REICHHART: Thank you. Before we get into the presentation, there's an issue that has arisen on this case. On the overhead the area, not the yellow area, but the area highlighted in the gray was the original lease area identified by the applicant for this gas well. The gas well is located right here. Our notification that we typically do for gas wells include the entire lease property as opposed just to the 300 by 300 pad. Those are hard to locate in the field and get exact descriptions, so we do the entire lease area. The applicant is now, due to the location of that proposed site and distance requirements, they have worked out lease agreements with these folks right here that are identified in the yellow and have decreased this site from their lease well -- from the lease area so the site looks like this now. The issue is the 200 and 500-foot notification in association with these new sites that have added, the notification that we typically do would have come across the street and notified some additional properties. Now, and, again, the applicant wishes to speak on this item before we make a determination. But Page 94 the well location has not changed. And, quite honestly, the impact across thc street, Fort Worth Drive is probably minimal, if anything. But our typical notification requirements would have notified those folks of this requested suP. Staff believes that we really should not open -- or hear this case. We should re-notify and then bring it back. And before you make that determination, thc applicant does wish to speak on that. That's your -- you know, up to you if you'd like to do that or not. COMMISSIONER APPLE: Mr. Snyder would like to speak. MR. SNYDER: I just want to point out to the Conunission that that requirement is not just an ordinance requirement, it's a state law requirement for a zoning change. And this is a zoning change. And the 200 foot notice is a jurisdictional requirement and so in my legal opinion you can't go forward with this case, it will have to be re-noticed. COMMISSIONER APPLE: commissioner Mulroy. COMMISSIONER MULROY: Yes, if I may, Madmn Chair. A question of legal, Mr. Snyder, I understand it's a state required notification. But from what point? You know, how did we determine that as a practice we're notifying from the leasehold land area rather than the Page 95 1 well site? 2 MR. 8NYDER: It'S the area in which the 3 zoning request is being made. This, as I understand it, 4 is how the applicant submitted it. And I don't know what 5 went into the determination to include the entire lease. 6 Larry can probably answer that. 7 COMMISSIONER MULROY: But, see, the SUP 8 would apply only to the NR-6 and not to the -- some of the 9 commercial that would be allowed. 10 MR. REICHHART: If the property, depends on 11 the location, either zoning district requires an suP for 12 the gas well. So, I mean, but your correct in the 13 location of the well has not changed. It's difficult if, 14 for example, we have a 40 plus acre site which is required 15 for a typical lease. 16 And the well site is located in the center 17 of that. And the 200 foot and 500 foot notice didn't go 18 beyond that. If we just notify from the well site, there 19 would be no notification. That's why we notify from the 20 lease area to get any affected property owner. Any SUP, 21 we do the property line, whether it's a -- if you took 22 that argument with the high school that required an sup in 23 certain zoning districts. Now, you don't just take where 24 the building pad is, it's the entire site that we notify, 25 and that's why we do it that way. Page 96 1 COMMISSIONER MULROY: okay. Thank you. 2 MR. SNYDER: I might add one other point 3 and I don't know if this has anything to do with it, and 4 correct mc if I'm wrong, but as I understand it, the 5 Railroad Corm~tission rules or the state law requires that 6 they have a minimum of 40-acre area to do a gas well. 7 MR. RElCHHART: Typically. 8 MR. SNYDER: And so that may have been some 9 of the reasoning in it as to why you would want to include 10 the whole area and the rezoning to cover the entire 40 11 acres plus. 12 MR. REICHHART: well, and quite honestly, 13 we don't know any other way to do it. 14 COMMISSIONER MULROY: Good answer. Thank 15 you, Larry. 16 COMMISSIONER APPLE: All right, 17 Commissioners. The applicant wants to speak. What is 18 your pleasure? Commissioner Mulroy. 19 COMMISSIONER MLILROY: I would be for 20 allowing him to speak, but the same precedent we're 21 setting, he will be expending some of his presentation 22 thne if we continue that. 23 COMMISSIONER APPLE: Mr. Snyder. 24 MR. SNYDER: I think he should only be 25 speaking on this issue, the issue of the notice, not on PLANNING AND ZONING COMMISSION MAY 14, 2003 Page 93 - Page 96 CondcnseltTM Page 97 1 the merits of the case since it, in my opinion, hasn't 2 been properly noticed. 3 COMMISSIONER MULROY: Okay. Thank you. 4 COMMISSIONER APPLE: DO you still want to 5 speak with those conditions? 6 MR. SILIGMAN: Yes, ma'am. Ken Siligman, 7 R.L. Atkins Corporation, Albany, Texas. I think I -~ in 8 listening to what Mr. Reichhart said, that the notice 9 should be offering -- he gave an example of a building 10 exmuple, and if say we were changing the zoning of a 11 particular piece of property, we're going to notice the 12 people that are a certain radius around the property where 13 the building, where the zoning is being changed, not just 14 a notice around -- of a distance from the property, from 15 the building. t6 And I agree with that, and that's exactly 17 what we attempted to do in submitting our application. 18 This drawing shows the gas well located entirely on two 19 parcels of land owned by Mr. Ronny Hillard. Those -- that 20 parcel of land is entirely within -- the same as what was 21 notified. This right here whether -- if we consider that 22 the sup is only changing the piece of property that we 23 applied for, and on our application we only applied for 24 this area to be changed. And we did that intentionally 25 because when we did it as this drawing reflects, this area Page 98 Page 99 1 why we did it. 2 The gas well is located in that position to 3 try to allow as much future flexibility in the development 4 of this other acreage as possible. Mr. Hillard and some 5 developers, Mr. Smith, Mr. Vanderlawn who are working on 6 developing tiffs property, suggested that if we locate the 7 well as far up in this comer as possible, that would 8 allow the most potential for future development. 9 So that was why it was closer than 330 from 10 these property lines. We did that without having the 11 lease in hand, knowing that we would either get the lease 12 or we would get permission from the Raikoad Commission to 13 drill it that close to the land. So that's basically why 14 we only requested sue change in zoning on those tracts of 15 lands, because that's all that we could do at the time. 16 So if we say okay, that's -- that is all 17 the sue is good for, that's the only property that the 18 change in zoning is occurring on, then whether these 19 property b, these people are in the gas well unit or not 20 does not change the notice -- notification distance for 21 this property. If that's -- that's the sue area, then 22 whether these people are in the gas unit or not does not 23 change the notice requirement, it's still the same 24 distance fight here. You've actually over-notified, not 25 under-notified. Page 100 1 in yellow, at the time when we submitted the application, 2 the exhibit was a gas well plat. And we are given the 3 option of having our exhibit for the sue either making 4 this a separate exhibit that is only on the sue area or 5 using our gas well plat as our exhibit. And so we decided 6 and wanted to use our gas well plat as the exhibit 7 primarily so that we could also have our gas well platting 8 process moving forward at the same time as starting the 9 sup process because we have a time commitment on drilling 10 the lease, so we wanted to make the application for the 11 s~JL and also get the gas well platting process started, 12 because we have a time commitment. 13 When we -- at the time that we filed the 14 plat and the sue application, the property in yellow, we 15 did not have the leases on that property at that time. 16 And so that's why they were not shown in the gas well 17 lease. And that was part of our ideology when we said, 18 well, we only want the su? on these tracts of land. Mr. 19 Hilliard's tract, he's here. We only want to apply for 20 the sue, the change in zoning on Mr. Hiilard's property. 21 So that's why we did it that way. Because we knew we were 22 a~mpting to lease these other tracts. We didn't have 23 them in hand yet. And we did that just for the whole 24 ~eason of wanting to start the gas well platting process 25 at the same time. We didnrt have these leases so that's I COMMISSIONER APPLE: Mr. Snyder. 2 MR. SNY~R: ~'he thought just occurred to 3 me, he could have changed this whole result if he hadn't 4 bothered to even change his exhibit. He could have just :5 left it the way it was, couldn't he, the original one? 6 MR. REICHHART'. Yes. 7 MR. SNYDER: If he wants to go back and 8 substitute -- 9 MR. REICHHART: The only problem with that 10 is that the final development plat, gas well development 11 plat would not be the same as the suP. And additionally, 12 the reason we notify, again, the entire 40 acres is, you 13 know, the access. That may or may not have changed, but 14 it could be coming in through different directions on the 15 property and so -- and, again, that's why we notify the 16 entire property. 17 MR. SILIGMAN: The access to the property 18 is occurring up here on driveway, an existing driveway 19 right up here that goes to Mr. Hillard's house. And so 20 that has not changed. We still notified the same 21 distances whether or not these were in the unit. 22 COMMISSIONER APPLE: Thank you. Based on 23 Mr. Snyder's wisdom, I think that we are going to close 24 the public hearing -- 25 MR. SNYDER: well, actually -- actually, PLANNING AND ZONING COMMISSION MAY 14, 2003 Page 97 ~ Page 100 CondcnscltTM Page 10I I you aren't even having a public hearing at this point -- 2 COMMISSrONER APPLE: well, I had opened it 3 so we'll just close the non-existent public hearing, so 4 we're not open-ended. And I think what we probably need 5 is a motion -- 6 MR. SILIGMAN: May I ask a question? What 7 Mr. Snyder said is if we hadn't changed the exhibit, that 8 we still could go forward. And the problem being that the 9 gas well plat won't be the same as the sup. nut it's not 10 a requirement that they be the same because I'm told that 11 we have the option of either submitting a site plan for 12 the sup specifically or using the gas well plat as an 13 exhibit. So that' s what we've been told, it' s just more 14 convenient for us to use the gas well plat, so we're doing 15 it that way, But I've been told that we could use a site 16 specific sup sketch. 17 COMMISSIONER APPLE: We're going to have to 18 let Mr. Snyder address that. 19 MR. SILIGMAN: Our reason for wanting to go 20 quickly is because we have a lease cmmnitment, a time 21 commitment to develop our leases. Thank you for your 22 time. 23 COMMISSIONER APPLE: Thank yot& Mr. 24 Snyder, I'm going to ask for just a reiteration of 25 direction from you. 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 102 MR. SNYDER: Okay. The -- what you have before you tonight shows -- he's asking for the sup area that's within the area being requested. It has to be 40 acres or more under the state regulations. In talking to Mr. Reichhart, it's been our requirement that the land -- that the development plat and the site plan don't have to be the exact same document, but the land area has to be Page 103 i that back in and we will back in two weeks hopefully. 2 MR. SNYDER: Can yOU get the 10-day notice? 3 MR. REICHHART: Yes. We will try to 4 expedite that. 5 COMMISSIONER APPLE: So Can I set a date 6 certain? 7 MR. REICHHART: YOU don't need to because 8 we'll renotify. 9 COMMISSIONER APPLE: Okay. Okay. Alt l0 right. We have a motion and a second, ts there any t 1 discussion? Cormnissioncr Johnson? I2 COMMISSIONER JOHNSON: I'd like to know if 13 I vote yes what happens and if I vote no what happens. 14 What happens if this motion fails to carry? 15 COMMISSIONER APPLE: Mr. Reichhart. 16 MR. REICHHART: You want to take it. 17 COMMISSIONER APPLE: Mr. Snyder. 18 MR. SNYDER: Because it really is a legal 19 question and the answer is -- the risk is that this action 20 ultimately would be considered void and somebody could 21 challenge this zoning and he could spend all this money on 22 a gas well, and have it voided later on. It's not likely 23 that would happen, but that's the end result. That's the 24 risk that you take if you don't properly notice. Any of 25 these people within 200 feet would have standing to bring Page 104 an action and to enjoin the gas well operation. So the applicant is taking a risk, too by moving forward without the proper notice. MR. SILIGMAN: Is the public notified again when it goes to City Council? MR. SNYDER: NO. It's just advertised in the newspaper. The individual notices aren't sent out. the same; is that correct, Larry? MR. REICHHART: Yes. MR. si, riDER: SO with that in mind, with this other area included here, we haven't notified the correct people, so it's my recommendation that we pull this item, re-advertise and re-notice in accordance with the state law. 8 9 I0 11 12 13 14 COMMISSIONER APPLE: We have a motion and a second. Is there any further discussion? Vote, please. MR. SNYDER: I apologize. COMMISSIONER APPLE: Three of us have already voted. MR. SNY~)ER'. well, it might affect the way somebody votes. COMMISSIONER APPLE: Thank you, Mr. Snyder. And I believe I would need a motion and a second in order to do that. I will make the motion. COMMISSIONER MULROY: I'll second. COMMISSIONER APPLE: Thank you. We have a motion and a second to pull this item from tonight's Agenda and re-notice and ad&ess it at our first meeting, which would be -- MR. REICHHART: we'lt have to check -- notices went to the Denton Record Chronicle today for the -- our next meeting. Hopefully, we will be able to get 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER APPLE: Can we with&aw the votes in the back and Mr. Snyder would like to add some information. MR. SNYDER: The other thought just occurred to me. By not giving this notice and let's say those people had the opportunity to protest, they could trigger and you could end up having a 20 percent protest theoretically which would require a super majority vote at council. So that's another consequence. COMMISSIONER JOHNSON; That really is the major consequence, isn't it, because the other thing is PLANNING AND ZONING COMMISSION MAY 14, 2003 Page 101 - Page 104 CondcnseltTM Page 105 1 just the gamble on the part of the applicant, whether he 2 spends the money, knowing full well that it might be 3 challenged. I mean, it's his risk, right? 4 MR. S~OER: well, it's -- and, also, it's 5 the City's duty to try to comply with the law. That's the 6 other reason, too. 7 COMMISSIONER APPLE: commissioner Watkins. 8 COMMISSIONER WATKINS: Thank you, Madam 9 Chair. I notice that 46 200-foot legal notices were sent 10 by certified mail. And that's the group that we're 11 talking about. Okay. Do we know that this new location 12 will add anyone? What if we went back and got ready to 13 send these notifications again, and it was the same 46 14 people. I mean, can we be assured there's going to be ten 15 new ones, and drop some off, I guess, is what I'm saying 16 so we don't put it off and find out it's just a clerical 17 thing. Maybe I shouldn't ask the question. 18 COMM~SStONm~ ^ee[~: Mr. Reicehart is going 19 to address that just so we're not out of order because 20 discussion should center around the motion, I'm going to 21 withdraw the motion if Commissioner Mulroy will withdraw 22 the second just so that we're on task. It's all Mr. 23 Snyder's fault. 24 MR. REICHHART: I1;'S my opinion that one 25 additional property owner would be notified. ~[ mean, Page 106 1 that's -- the first thing I took for if the boundaries had 2 changed but we still notified the same people it would 3 have been no hanrt, no fowl. They did get notified. But 4 there is one -- per our GIs information, one parcel right 5 here at a minimum ~- I'm assuming that these lines will 6 come across. We've got that property. I think we'll end 7 up getting one more property. 8 MR. SILIGMAN: This man who is here -- 9 COMMISSIONER APPLE: Conunissioner Mulroy. 10 We've gotten way out of order -- Commissioner Mulroy. 11 COMMISSIONER MULROY: Yeats. I'd like to 12 wrap this up. And, sure, I have sympathy for the 13 applicant and I would have explored myself ways to get 14 this approved, and my first question had to do with 15 notification. And I don't think thc burden is on staff or 16 on this Board to prove that out. If you had a change and 17 you had brought evidence that you could prove out that the 18 notification was covered, I'm sure we would be glad to -- 19 willing to look at it. We're way past that point. We're 20 doing some arm waving and piecemealing. I'd just remind 21 the Cotmrdssion and the applicant, you know, we're 22 duty-bound on this notification process. If there's any 23 doubt, we have to close it off and regroup and make sure 24 that we have fulfilled our duty on the notification. So I 25 think we need to move on for this tonight, and it's 7 8 9 10 1t 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 107 unfortunate and I fee! for you. I'll make the motion that we move on. COMMISSIONER APPLE: And I'll second it since we are in reverse order. We have a motion and a second, again, to re-notice and hold another public hearing regarding this issue. Any further discussion? Vote, please. Motion carries four to one. (COMMISSIONER WATKINS VOTING IN OPPOSITION,) 1 2 5 6 7 8 9 10 11 12 13 14 15 t6 17 18 19 20 21 22 23 24 25 Page 108 PLANNING AND ZONING COMMISSION MAY 14, 2003 Page 105 - Page 108 CondenseItTM 5 6 7 8 9 t0 iI i2 13 14 15 16 17 19 20 21 22 23 24 25 Page 41 COMMISSIONER POWELL: The last item tonight, No. 8, is a public hearing, hold a public hearing, consider making a recommendation to City Council regarding a Specific Use Permit for a gas well site on approximately 52 acres of land. Property is in a Neighborhood Residential 6 district and community mixed use general district. Subject property is generally located south of Mission Avenue, north of Hobson Lane and east of U.S. 377, Fort Worth Drive. One gas well is proposed. I'll open the public hearing at this time. Tiffanie. MS. W[I. LIS: Thank you, Mr. Chairman. Commission, guests tonight, before you is the request for a Specific Usc Permit requesting the use of oil and gas production on a 300 by 300 pad site. If you recall in your backup detail information concerning the action that was taken on May 14th concerning tile Hilliard-Fulton Gas Welt Unit No. 1. At that time, the Conunission chose that tile case should be renotified based on the presentation of the applicant wlio did supply a new site plan that warranted additional notification. To date, staff did take liberty to notify the public and we were successful in notifying in the 200-foot landowners 35 persons and to the 500-foot residents, 65 persons were notified. To date, we have Page 43 I eight-foot fence with steel posts shall be constructed 2 around thc perimeter of thc well site. And then we also 3 recommend that the Commission ensues that all structures 4 have a maxinmm height not to exceed 16 feet in height. 5 At this time that would conclude my 6 presentation. And if you indulge me, we'll just move 7 forward and view the site. Sorry for the delay there. 8 We will move forward. Thank you for your patience. 9 Before you on your monitor you're able to identify the 10 zoning in this area. We do have a split zoning on this 11 52-acre tract of land to the north of the property. We 12 see a CM-G use and then the t.m-6 there in the 300 by 300 13 pad site area. 14 Moving forward is the notification area 15 which was expanded from the May 14th submission. The land 16 use is the sa comp Plan, indicates community mix use and 17 neighborhood centers. The Comp Plan does endorse this 18 industrial use fei' gas well, however, the Development Code 19 requires that we satisfy an approval of an suP, specific 20 Use Permit for gas well drilling and production. Before 21 you is the most current site plan as presented by the 22 applicant, the 200 and 500 foot radius. 23 Here we sec photos, conditions of the 24 driveways, current east and west. It's a rural area, 25 fencing along the south drive. View of tile actual well Page 42 1 received one notification in favor of this request for the 2 Specific Use in the NR-6 zoning, and we did receive one 3 neutral comment from a 200-foot landowner. 4 Looking through your backup, some pointers, 5 you'd be well to know that on February 18, an sup was 6 approved by Ordinance for a property i~muediately to the 7 east of this site. The Ragel gas well plat, which is also 8 in the NR-6 ZOnirlg, they, too, propose one gas well site. 9 Further, in our backup, we identify north, 10 south, east and west of the existing proposed property are 11 several, I'd say several established residential 12 single-family homes as well as in the surrounding 13 anchoring areas there on Mission as well as Fort Worth 14 Drive. And then Hobson Lane, which are the anchoring 15 streets to this property, we do see established retail and ! 16 coarnuercial uses. 17 This area of infrastructure roadways there 18 will be impacted by the vehicles that will accomplish the 19 development for this site. At this time, staff has made 20 several recommendations, those being [n your backup on 21 page 6. We recormuend that all of the residents within 500 22 feet of the said proposed well head, that they be notified 23 24 hours prior to fraeking as well as we encourage that 24 fracking operations are restricted to daylight hours. 25 We also encourage that you consider a solid 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Page 44 location. And then the Fort Worth Drive entrance. And that will conclude my presentation. Commission, if you have any questions, I'll be glad to answer those. COMMISSIONER POWELL: Any questions of staff at this time? I understand Ms. Shelly Hattan would like to speak for the applicant. MS. WILLIS: That's correct. The applicant is available. COMMiSSiONER POWELL: MS. Hattan, would you give us your name and address, please? MS..^rr^s: yes. My name is Shelly Hattan. I live at 6109 Estell Drive in Watauga, Texas. Good evening, Mr. Chairman and Commissioners. Thank you for this opportunity. We do wish to thank staff for their due diligence in making sure that the proper people were notified for this sue for this evening. Tiffanie pretty much explained everything and I'm here at this point to answer any questions. And I do have the oil folks here to answer questions -- oh, gas welt. I am so sorry. It is gas. But I do have one point to make and that is there is a restriction that is being asked by staff for us to limit everything to 16 feet. And as you know, the drilling rig itself will exceed the 16 feet? No? I'm sorry. PLANNING AND ZONING COMMISSION MAY 28, 2003 Page 41 - Page 44 Con& ;nscltTM 1 2 3 4 5 6 7 8 9 10 i1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 45 COMMISSIONER POWELL: Mr. Roy and then Mr. Mulroy. COMMISSIONER ROY: well, I was going to ask you if' you had any problems with the staff recmranendations, and I believe that the 16 feet, of course, applies to the permanent structures that are there. MS. HATTAN: Okay. Then there's no problem. I just wanted to not let there be any surprises, so thank you, COMMISSIONER POWELL: Mr. Mulroy, I assume you were the sm~ae. COMMISSIONER MIJLROY: The stone. COMMISSIONER POWELL: Okay. COMMISSIONER MULROY: Thank COMMISSIONER POWELL: Any other questions of staff or the applicant at this thne? This is a public hearing so I'll ask if there's anyone else in the audience who would like to speak for this motion or this item, excuse me. There is no motion. Anybody else to speak in the audience against the item? Hearing no one to speak for or against, I will close the public hearing at this time and ask Mr. Johnson if he would like to comment. COMMISSIONER JOHNSON: I would like to move approval. Page 46 I COMMISSIONER MULROY: second. 2 COMMISSIONER POWELL: [ have a motion for 3 approval from Mx. Johnson, a second from Mr. Mukoy. And 4 Mr. Roy would like to speak. 5 COMMISSIONER ROY: I would ask that the 6 motion include the correction to the Item No. 1, and it 7 says all property owners within 500 feet, but just for 8 clarification, I would ask changing the words to be "all 9 residents" within 500 feet, which was what was spoken from 10 the podium. I 1 COMMISSIONER POWELL: MOtion is -- 12 COMMISSIONER JOHNSON; Alt right. 13 COMMISSIONER MULROY: SO amended. 14 COMMISSIONER POWELL: MOtion is amended by 15 the mofioner and the second to say that tbe staff 16 recommendation number one, "all residents within 500 feet 17 of the well head are notified 24 horn's prior to fracking." 18 And I'm assuming that that is understood by the 19 applicant. Any other discussions? I'[1 call for a vote 20 on nmnb~r 8. We have a 6-0 vote in favor, one person 21 being absent. That was the last item of the evening. 22 Staff have anything to add? 23 MR. REICHHART: NO, sir. 24 COMMISSIONER POWELL: The nleetJng is 25 adjourned. PLANNING AND ZONING COMMISSION MAY 28, 2003 Page 45 - Page 46 S:\Our Documents\Ordinances\03\Z03-0014.DOC ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 40 ACRES OF LAND LOCATED IN THE CITY OF DENTON IN THE WILLIAM DANIEL SURVEY, ABSTRACT NO. 378 AND GENERALLY LOCATED SOUTH OF MISSION AVENUNE, NORTH OF HOBSON LANE, AND EAST U.S. 377 HIGHWAY OR FORT WORTH DRIVE WITHIN A NEIGHBORHOOD RESIDENTIAL 6 (NR-6) AND COMMUNITY MIXED USE GENERAL (CM-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATION THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0014) WHEREAS, Ken Seligman, on behalf of R. L. Adkins Corporation, has applied for a specific use permit for gas well development within the Neighborhood Residential 6 (NR-6) and Community Mixed Use General (CM-G) zoning districts classification and use designation on 40 acres of land (the "Property") more particularly described in Exhibit "A" attached hereto and made a part hereof by reference and as shown on a site plan in the form of a development plat which was previously reviewed by the Planning and Zoning Commission, a copy of which is attached hereto as Exhibit "B" and made a part hereof by reference (the "Site Plan"); and WHEREAS, on May 28, 2003, the Planning and Zoning Commission recommended approval of a specific use permit for a gas well site; and WHEREAS, the City Council finds that the specific use permit is consistent with the Denton Plan, and WHEREAS, the proposed gas well development meets the requirements of Subchapter 22 of the Development Code and in accordance with Section 35.6.5 of the Development Code, the City Council finds that all the following conditions exist: The use is in conformance with all the standards within the zoning district in which the use is proposed to be located, and in conformance with the Denton Plan and federal, state, or local law; and The gas well sites will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; and The establishment of the gas well sites will not impede the normal and orderly development and improvement of surrounding property; and Adequate utilities, access roads, drainage, and other necessary supporting facilities have been or will provide; and The design, location, and arrangement of all driveways and parking spaces will be provided for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; and Adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, dust, noise, and vibration; and Directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and That there is sufficient landscaping screening to ensure harmony and compatibility with adjacent property; 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. SECTION 2. A specific use permit is hereby granted to allow one gas well site on the Property within the Neighborhood Residential 6 (NR-6) zoning district classification and use designation, subject to the following conditions: Gas well development will be conducted in accordance with the Site Plan and approved Development Plat and shall comply with the requirements of Subchapter 22 of the Development Code; 24 hour notice will be provided to residents within 500 feet of the well site prior to beginning any fracing; An eight-foot high blockage style fence must be constructed on steel posts and maintained around the gas well site to create a visually appealing screen for the site; fracing operations are restricted to daylight hours only; All structures shall have a maximum height not to exceed sixteen feet. 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. If any provision of this ordinance or the application thereof to any person or circumstances 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 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 Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. Page 2 PASSED AND APPROVED this the __ day of .,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 3 Hilliard & Fulton Exhibit A BEING a Forty acres tract out of the William Daniel survey Abstract 378 and being particularly described as follows: BEGINNING in the northeast comer of the 2.935- acre Ralph A. Ragle tract, said tract being all of the land described in Vol 1151, Page 354, D.R.D.C.T. for the Point of Beginning. THENCE North 88 degrees 44 minutes 29 seconds West for 264.52 feet along the northern border to the northeast comer of said Ragle tract; THENCE South 01 degrees 48 minutes 08 seconds West for 502.49 feet along the eastern border to the southeast comer of said Ragle tract; THENCE North 89 degrees 20 minutes 12 seconds West for 489.17 feet along the northern border of the Hilliard tract said tract being all of the land described in Vol 1075, Page 800, D.R.D.C.T. to the northwest comer; THENCE South 25 degrees 05 minutes 31 seconds West for 141.29 feet along the western border to the southwest comer of said Hi[liard tract; THENCE South 27 degrees 13 minutes 40 seconds West for 242.42 feet along the western border of the Brown tract said tract being ail of the land described in Vol 2952, Page 661, D.R.D.C.T. to the southwest comer; THENCE South 28 degrees 22 minutes 00 seconds West for 107.98 feet aiong thc western border of the Branum tract said tract being all of the land described in Vol 1253, Page 783, D.R.D.C.T. to the southwest comer; THENCE South 35 degrees 27 minutes 23 seconds West for 137.86 feet along the western border of the Clearman & Owens Inc tract said tract being all of the land described in Vol 657, Page 393, D.R.D.C.T. to the southwest comer; THENCE South 35 degrees 26 minutes 55 seconds West for 232.16 feet along the western border of the Brooks tract said tract being all of the land described in Vol 1226, Page 653, D.R.D.C.T. to the southwest comer to a comer; THENCE South 40 degrees 27 minutes 01 seconds West for 153.92 feet along the western border of the Hilliard & Fulton tract said tract being all of the land described in Vol 570, Page 551, D.R.D.C.T. to the southwest comer to a comer; THENCE South 88 degrees 53 minutes 20 seconds East for 375.12 feet along the southern border of said Hilliard & Fulton tract to a point for comer; Page 1 of 2 Hilliard Fulton Gas Lease Hilliard & Fulton Exhibit A THENCE South 443.67 feet to a point for a comer said point being in the southern border of the Yandesmith Developers, LTD tract said tract being all of the land described in Vol. 3433, Page 142, D.R.D.C.T; THENCE East 2090.07 feet along the southern border of said Vandesmith Developer, LTD tract to a comer; THENCE North 00 degrees 10 minutes 04 seconds East for 117.64 feet to a comer said comer being in the eastern border of said Vandesmith tract; THENCE North 88 degrees 53 minutes 20 seconds West for i029.81 feet to a comer; THENCE North 02 degrees 26 minutes 00 seconds East for 1150.27 feet to a comer said comer being the northeast comer of the Hilliard tract said tract being all of the land described in Vol 895, Page 269, D.R.D.C.T.; THENCE North 87 degrees 38 minutes 38 seconds West for 187.08 feet along the northern border of said Hilliard tract to a point for a comer; THENCE North 00 degrees 56 minutes 21 seconds East for 504.32 feet to the Place Of Beginning, and containing some 40 acres of land, more or less. Page 2 of 2 Hilliard Fulton Gas Lease Exhibit B AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET June 17, 2003 Planning & Development Jon Fortune, Assistant City Manager SUBJECT A03-0001 (Teasley Lane High School) Consider adoption of an ordinance on first reading to volumarily annex approximately 67.69 acres of land generally located north and east of Teasley Lane (FM 2182) and west of Blue Bonnett in the southeastern section of the City of DeNon extraterritorial jurisdiction (ET J). (A03-0001) The Planning and Zoning Commission recommends approval (5-0). BACKGROUND Applicam: DeNon Independem School District (DISD) Demon, TX A volumary annexation proceeding is being considered by the City of DeNon for the Teasley Lane High School annexation. In accordance with the City's annexation policy plan, approved in June 1993, the City will "access on a case by case basis" the annexation of areas in the ETJ when significam developmems are proposed. > On May 27, 2003, City Council held the second public hearing. No one spoke in opposition. On May 14, 2003, the Planning and Zoning Commission held public hearings on the annexation and zoning cases. No one spoke in opposition. > On May 13, 2003, City Council held the first public hearing. No one spoke in opposition. On January 27, 2003, Bill Coleman, Coleman and Associates Land Survey, on behalf of the DeNon Independem School District (DISD), submitted a petition for voluntary annexation. The majority of the subject property is located in the extraterritorial jurisdiction and is not zoned at this time. The property is undeveloped at this time. Construction of a public high school is proposed. The Comprehensive Plan idemifies this property to be within the "Neighborhood Cemers". OPTIONS 1. Proceed with annexation as presemed. 2. Proceed with annexation with changes. 3. Discontinue annexation process. RECOMMENDATION The Planning and Zoning Commission recommends approval of the annexation request. (5-0, Holt and Powell absent). ESTIMATED PROJECT SCHEDULE The annexation process will be completed by July 22, 2003 (see Attachment 4). PRIOR ACTION/REVIEW Application Date 1 st CC Public Hearing P&Z Public Hearing 2nd CC Public Hearing 1 st Reading of Ordinance January27,2003 May13,2003 May14,2003 May27,2003 June 17,2003 FISCAL INFORMATION Development oft his property will increase the assessed value of the city, county, and school district. will require no short-term public improvements that are the responsibility of the city. ATTACHMENTS 1. Service Analysis 2. Location Map 3. Public Notification (Property Owner Notification Map and Property Owner Responses) 4. Annexation Schedule 5. Draft Annexation Ordinance It Prepared by: Chris D. Hatcher Planner II Planning and Development Respectfully submitted: AICP, RLA Assistant Director Planning and Development ATTACHMENT 1 Service Analysis by Department Police. Estimated average response time for this area based on currem departmem conditions: Priority.__ 5.6 minutes Non-priority 8.11 minutes Average. 6.82 minutes Appropriate average response time in the city based on current department conditions: Priority 5 - 6 minutes Non-priority 9 - 11 minutes Average. 7 - 10 minutes A school resource officer (SRO) staffs all high school within the DeNon Police Departmem jurisdiction. Provided that an SRO staffs this school, the listed response times would not apply during school hours. During those times when school is not in session, or when the SRO is not present on campus, the listed response times apply. There is the potential for some additional police related activity from the surrounding neighborhoods due to the increase in traffic flow to and from the school. In addition, depending on the design of the school grounds (fencing, etc) there is a possibility of an increase in criminal activity in those residemial neighborhoods adjacem to the school property. Engineering and Transportation. The following roads will be impacted by the proposed annexation and developmem in terms of needed improvemems or upgrades: Name and location Teasley Lane Old Alton Road Type of Improvemem Approximate Cost Widening unknown Widening unknown Teasley Lane will be upgraded from a two lane to a four-lane highway. Construction timeline is unknown at this time. TX DOT will fund this improvement. Note that Old Alton Road is curremly not within the City Limits. Additional equipmem and facilities needed as a specific result of this annexation and development are right and left turn pockets at all driveways, a possible traffic control signal at Teasely and the main emrance, a traffic control signal at Teasley/Old Alton and at Teasley Robinson Rd. DISD will be responsible for all cost associated with the design and installation of all of right/left tums for each driveway; all costs associated with the design and (when it meets warrants), installation of the traffic control signal at the main entrance; participation costs of the design and installation of the signals at Teasley/Robinson and Teasley/Old Alton Fire. Fire Station 6, located at 3232 Teasley Lane, will service this area. The estimated response time for this area is 3 minutes. No additional facilities, equipmem, or personnel is needed as a result of this annexation. Parks and Recreation. CurreNly, there are no city parks within the proposed annexation. The closest DeNon Parks property to the proposed annexation area are Cross Timbers Park, 1.33 miles, Briercliff Park, 2.36 miles, and South Lakes Park, 3 miles and Ryan Road South Community Park, 2 miles. CurreN resideNs will be able to use existing City of DeNon parks, facilities and programs. The 2000 Park and Recreation Master Plan indicates a need for community and neighborhood parks in this general area. Service standards for neighborhood and community parks are as follows: Service Standards: Neighborhood Parks: 2.5 acres per 1,000 population (to be dedicated at time of developmenO $ acres minimum size. (by developer) cost per acre. Community Parks: 3. 0 acres per 1, 000 population 30 acres minimum If additional park facilities are developed to serve this area, $172,700.00 in additional funding and 2 new staff members will be needed to properly serve this area. Denton Parks and Recreation Department will attempt to coordinate placement of park facilities adjaceN to school property or develop join use agreemeNs. Library. There is no direct impact of this annexation and proposed developmeN on library services. ANicipated service demands can be met using existing materials, facilities and personnel. Solid Waste. ResideNial and commercial solid waste services are available to the proposed area. waste services must be requested. Solid Water. Maintenance of water facilities in the area to be annexed that are not within the service area of another water utility will begin upon the effective date of the annexation using existing personnel and equipmeN. CurreNly, the area to be annexed is within the Certificate of Convenience and Necessity (CCN) of the City of DeNon and is served by water lines located along the boundaries of the annexation area. Existing Water service is not adequate for the proposed usage. The developer will extend any necessary in accordance with the DeNon DevelopmeN Code. The City shall provide a level of water service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maiNenance available in other parts of the city with topography, land use, and population density similar to those reasonably coNemplated or projected in the area. Waste Water. MaiNenance of wastewater facilities in the area to be annexed that are not within the service area of another wastewater utility will begin upon the effective date of the annexation using existing personnel and equipmem. Curremly, the area to be annexed is within the Certificate of Convenience and Necessity (CCN) of the City of DeNon and is served by wastewater lines located along the boundaries of the annexation area. Existing wastewater service is not adequate for the proposed usage. The developer will extend any necessary in accordance with the DeNon Developmem Code. The City shall provide a level of wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maimenance available in other parts of the city with topography, land use, and population density similar to those reasonably comemplated or projected in the area. Drainage. Since the Comprehensive Plan designates this area as Neighborhood Cemers, denser developmem patterns are allowed. Dense developmems usually result in increased impervious cover. Mitigation measures may be needed to address drainage. The Environmemally Sensitive Areas (ESA) map shows a stream buffer area traversing the property from the northwest to southeast. This portion of the property may be affected by the 100-year floodplain. The stream buffer area shall remain natural and not be disturbed per the Denton Development Code and Drainage Criteria Manual. 100-year water surface elevations shall not increase as a result of any reclamation of the floodplain. Other floodplain criteria will apply. DISD is proposing to improve the unstudied floodplain and has submitted a CLOMR to the City for Review. No improvemems will occur inside the floodway or the 100 foot ESA buffer with the exception of 1 private road crossing, 1 pedestrian bridge, and a detemion pond. Electric. DeNon Municipal Electric (DME) has an existing main line in the FM 2181 right-of-way along the property boundary. Transformers and specific lines to provide electric service to the customer is all that would be required. DME is currently working with the Architect and engineers designing the new high school on how to provide electric service to the school. Note that the new Teasley Substation at FM 2181 and Hickory Creek Road is almost complete. ATTACHMENT 2 Location Map A03-0001 (Teasley Lane High School) NORTH SITE LOCATION MAP Scale: None ATTACHMENT 3 Public Notification NORTH Notification Map of 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: 0 · Neutral: 0 May 16, 2003 10 8 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 Property Owner Name In favor Comments and Address /opposed* *A copy of the original notice can be picked up at City Hall West, 22'1 N. Elm Denton TX 7620'1 ATTACHMENT 4 ANNEXATION SCHEDULE FOR Teasley Lane High School Annexation Tuesday, May 13, 2003 City Council conducts first public hearing Wednesday, May 14, 2003 Planning and Zoning Commission public hearings - make a recommendation to City Council regarding the proposed annexation and the proposed zoning. Tuesday, May 27, 2003 City Council public hearing conducts second Tuesday, June 17, 2003 First reading of annexation ordinance - City Council by a 4/5th vote institutes annexation proceedings. Tuesday, July 22, 2003 Second reading and adoption of annexation ordinance and public hearing for zone change request- City Council by a 4/5th vote takes final action on annexation. City Council by simple majority vote takes final action of zone change request. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 67.69 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED NORTH AND EAST OF TEASLEY LANE (FM 2181) AND WEST OF BLUE BONNETT IN THE SOUTHEASTERN SECTION OF THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION IN THE J.C. BAKER SURVEY ABSTRACT NUMBER 47, DENTON COUNTY, TEXAS AND BEING PART OF THE CALLED 13.404 ACRE TRACT DESCRIBED IN THE DEED FROM GLENN WAYNE GRAY, JR. ET UX TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 874 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, A PART OF THE CALLED 13.406 ACRE TRACT DESCRIBED IN THE DEED FROM BRANDON S. GRAY ET UX TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 870 OF THE SAID REAL PROPERTY RECORDS, A PART OF THE CALLED 13.387 ACRE TRACT DESCRIBED IN THE DEED FROM CHARLES RUDY ROACH ET AL TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 860 OF THE REAL PROPERTY RECORDS, AND THE CALLED 37.595 ACRE TRACT DESCRIBED IN THE DEED FROM CLAUDE D. ROACH ET AL TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 865 OF THE REAL PROPERTY RECORDS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVDING AN EFFECTIVE DATE. (A03-0001) WHEREAS, the property owner has petitioned for the annexation of approximately 67.69 acres of land described herein; and WHEREAS, on May 14, 2003, the Planning and Zoning Commission recommended approval of the petition for annexation; and WHEREAS, public hearings were held in the Council Chambers on May 13, 2003, and May 27, 2003, (bOth days being on or after the 20th day but before the 40th day before the date of the institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on June 17, 2003; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on June 21, 2003, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; and WHEREAS, the City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The tract of land described in Exhibit "A", attached hereto and incorporated by reference, is almexed to the City of Dentort, Texas. SECTION 2. The service plan attached as Exhibit "B", and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance. The service plan was made available for public inspection and explanation to the inhabitants of the area being annexed at the above described public hearings. SECTION 3. Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton ali the real property described in Exhibit "A" regardless of whether any other part of the described property is hereby effectively annexed to the City. If any part of the real property annexed is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were expressly described in the ordinance. SECTION4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED on first reading on the day of , 2003 and on the second an final reading on this the __ day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EXHIBIT "A" ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE J.C. BAKER SURVEY ABSTRACT NUMBER 47, DENTON COUNTY, TEXAS AND BEING PART OF THE CALLED 13.404 ACRE TRACT DESCRIBED IN THE DEED FROM GLENN WAYNE GRAY, JR. ET UX TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 874 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, A PART OF THE CALLED 13.406 ACRE TRACT DESCRIBED IN THE DEED FROM BRANDON S. GRAY ET UX TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 870 OF THE SAID REAL PROPERTY RECORDS, A PART OF THE CALLED 13.387 ACRE TRACT DESCRIBED IN THE DEED FROM CHARLES RUDY ROACH ET AL TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 860 OF THE REAL PROPERTY RECORDS, AND THE CALLED 37.595 ACRE TRACT DESCRIBED IN THE DEED FROM CLAUDE D. ROACH ET AL TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 865 OF THE REAL PROPERTY RECORDS; THE SUBJECT TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR THE NORTHWEST CORNER OF THE TRACT BEING DESCRIBED HEREIN AT THE INTERSECTION OF THE CORPORATE LIMITS OF THE CITY OF DENTON ANNEXATION AS DESCRIBED IN ANNEXATION ORDINANCE NUMBER 87-119, WITH THE NORTH LINE OF THE SAID 13.404 ACRE DENTON 12qDEPENDENT SCHOOL DISTRICT TRACT, SOUTH 89 DEGREES 36 MINUTES EAST A DISTANCE OF 200 FEET FROM A 2 INCH STEEL FENCE CORNER POST AT THE NORTHWEST CORNER THEREOF ON THE EAST RIGHT-OF-WAY OF F.M. HIGHWAY 2181; THENCE SOUTH 89 DEGREES 36 MINUTES EAST WITH THE NORTH LINE OF THE SAID 13.404-ACRE TRACT A DISTANCE OF 1449 FEET, MORE OR LESS, TO A 1/2 INCH IRON ROD FOUND AT A FENCE CORNER POST AT THE NORTHEAST CORNER THEREOF; THENCE SOUTH 00 DEGREES 39 MINUTES WEST WITH THE EAST LINE OF THE DENTON INDEPENDENT SCHOOL DISTRICT LANDS A DISTANCE OF 2124 FEET, MORE OR LESS, TO A 1 INCH IRON ROD FOUND AT THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 89 DEGREES 40 MINUTES WEST WITH THE SOUTH LINE OF THE 37.595-ACRE TRACT A DISTANCE OF 1095 FEET, MORE OR LESS TO ITS INTERSECTION WITH THE SAID CITY OF DENTON CORPORATE LIMITS; THENCE NORTHERLY ACROSS THE DENTON INDEPENDENT SCHOOL DISTRICT LANDS WITH THE SAID CITY OF DENTON CORPORATE LIMITS, 250 FEET EAST OF AND PARALLEL WITH THE CENTER LINE OF F.M. 2181, THE FOLLOWING 4 CALLS: ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 896.28 FEET, AN ARC LENGTH OF 628.58 FEET, MORE OR LESS, (CHORD BEARING NORTH 25 DEGREES 12 MINUTES 05 SECONDS WEST A DISTANCE OF 615.78 FEET) TO THE END OF THE SAID CURVE; NORTH 05 DEGREES 06 MINUTES 36 SECONDS A DISTANCE OF 602.44 FEET, MORE OR LESS, TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2,755.54 FEET; ALONG THE ARC OF THE SAID CURVE, AN ARC LENGTH OF 235.38 FEET, MORE OR LESS, (CHORD BEARING NORTH 02 DEGREES 39 MINUTES 46 SECONDS WEST A DISTANCE OF 235.30 FEET) TO THE END OF THE SAID CURVE; NORTH 00 DEGREES 14 MINUTES WEST A DISTANCE OF 748 FEET, MORE OR LESS, TO THE PLACE OF BEGI2qNING AND ENCLOSING 67.69 ACRES OF LAND, MORE OR LESS. 4 CITY OF DENTON DRAFT SERVICE PLAN FOR A03-0001 (Teasley Lane High School) I. AREA ANNEXED The annexation area is located in the southeastern portion of Denton's Extraterritorial Jurisdiction and contains approximately 67.69 acres generally located north and east of Teasley Lane (FM 2181) and west of Blue Bonnett. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021, 43.065, and 43.065(b)-(o) (Vernon 1999, as mended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER),, TAX SERVICES Ae Police Protection, Code Enforcement, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment. If annexed and developed as proposed, additional personnel and equipment will be needed. Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation. Be Fire Protection Fire protection (within the hmits of existing hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation. The estimated emergency response time in this area is 5 minutes, which is similar to responses for surrounding properties within the city limits. The City of Denton will provide emergency medical services ("EMS"). Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County shall be maintained by the City of Denton on the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic control devices will be maintained by the City of Denton on the effective date of the annexation. Parks and Recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan. No parks are currently located within the proposed annexation area. Denton neighborhood park facilities are located within reasonably close distance of the proposed annexation area. Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs. Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maintained throughout the city. Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. Both services are provided on a "cost recovery" basis, and permit fees offset the costs of services delivered. Incomplete construction must obtain building permits fi.om the Building Inspections Department of the City of Denton. Planning and Development Services Planning and development services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tracts contain Neighborhood Centers and 100 year Floodplain/ Environmentally Sensitive Areas. The Denton Plan designates furore land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as environmental and open space corridors. The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed. 6 IV. UTILITY (RATEPAYER) SERVICES Solid Waste Collection The City of Denton is the exclusive residential and commercial Solid Waste service provider within Denton's city limits. The City Ordinance requires Solid Waste services for all residences and commercial businesses located in the City. The City of Denton Solid Waste Department is fully funded through the service fees charged, and receives no funding, from city tax revenues. Solid waste refuse collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. To request Solid Waste collection services, please telephone the City of Denton Customer Service Department at 940-349-8210 and submit an application to initiate service. To obtain City of Denton Solid Waste schedule, service, and rate information, please telephone the Solid Waste Customer Relations office at 940-349-8420. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Relations prior to commencing service. Residential Containerized Refuse Service Each residential address will be provided a 96-gallon wheeled refuse cart, which will be serviced one time per week. Residents are required to place their refuse cart(s) at the curb prior to 7:00 a.m. on their collection day. Carts should be placed at the curb for collection no earlier than 6:00 p.m. the evening prior to their collection day. Carts are to be removed from the curb no later than 6:00 a.m. on the day following their collection day. All refuse placed in the cart for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the cart with the lid closed will not be collected. Additional carts may be provided for an additional monthly charge. Smaller carts are available for a lower monthly charge. Weekly brush service is provided. Residential Curbside Recycling Service Curbside recycling services are provided to all residential solid waste service customers. Commercial Refuse Service Each commercial business will be provided with a commercial container(s), which are available in a variety of sizes and frequencies of collection, based on the waste generated. All refuse placed in the container for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the container with the lid closed will not be 7 collected. Refuse placed outside the container is subject to code enforcement regulations, including potential fines. Landfill Service The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For information regarding disposal charges, call the Landfill Office at 940-349-7510. B. Water/Wastewater Facilities Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will begin upon the effective date of the annexation using existing personnel and equipment. Currently, the area to be annexed is within the Certificate of Convenience and Necessity (CCN) of the City of Denton and is served by water and wastewater lines located along the boundaries of the annexation area. Existing Water service is not adequate for the proposed usage. The developer will extend any necessary water and wastewater infrastructure in accordance with the Denton Development Code. The City shall provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably comemplated or projected in the area. C. Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City shall provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. D. Electrical Services Denton Municipal Electric is certified by the State and is obligated to provide electric utility service to the annexation area should a request be made by a property owner. Electric utility service will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. Denton Municipal Electric is the current electric service provider for this site. VI. OTHER SERVICES Other services that may be provided by the City, such as municipal and general administration will be made available on the effective date of the annexation. The City shall provide a level of services, infrastructure, and infi:astmcture maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services equal to other areas within the City having similar characteristics of topography, land use, and population density. Thus, no construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 t/2) years after the effective date of the annexation. The City shall consider construction of other public improvements as the needs dictate on the same basis as such public improvements are considered throughout the City for areas having similar characteristics of topography, land use, and population density. VIII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. TERM This service plan shall be valid for a term of ten (10) years. service plan shall be at the discretion of City Council. Renewal of the IX. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Govemment Code, Section 43.056 (Vernon Supp. 2000). 9 AGENDA INFORMATION SHEET AGENDA DATE: June 17, 2003 DEPARTMENT: Legal Department CM/DCM/ACM: Herb Prouty, City Attorney SUBJECT: Consider an ordinance of the City of Denton, Texas authorizing participation in a coalition of cities known as the Alliance of TXU Municipalities (ATM) in order to hire attorneys and experts to respond to the filings of TXU Gas Company locally and before the Railroad Commission of Texas including the authority to negotiate with the company and to direct any necessary litigation; authorizing intervention at the Railroad Commission of Texas; suspending the effective date of TXU Gas Distribution's requested rate changes as set forth in their Statement of Intent filed with the City Secretary to permit the City time to study the request and establish reasonable rates; to require the reimbursement of municipal rate case expenses; finding that the meeting complied with the Open Meetings Act; making other findings and provisions related to the subject; and declaring an effective date. BACKGROUND: On May 23, 2003 TXU Gas Company filed a statewide request for a gas rate increase on the distribution part of their business requesting $69.5 million in additional annual revenue. At the same time TXU filed their rate case on the distribution part of their system, it also filed a case on the pipeline portion of their system at the Railroad Commission. TXU indicates the gas rate request would constitute an overall 7.2% rate increase. This rate increase is designed to fall most heavily on residential customers. TXU indicates that residential rates would increase approximately 10% which will increase the typical residential bill by $3.59. TXU has indicated there will be a slight increase in commercial rates and no increase and in some cases even a decrease for industrial customers. It also appears from a study of the impact of the rate increase on the City of Denton and a number of other cities that there will also be a large increase in service charges if this rate increase is approved. According to TXU's Executive Summary, a copy of which is attached, the impact of the rate filing in Denton will increase residential revenue by $785,749 annually, or an 11.87% increase in residential rates, increase commercial revenue by $48,779 annually, or a 0.97% increase, decrease industrial gas customer revenue by $84,367, or minus 10.73%, and increase service charges by $90,006, or a 93.58% increase. The total impact on Denton gas customers will be an additional $840,168 or a 6.70% annual increase. Initial calculations by Diversified Utility Consultants, Inc. indicate that the basic rate increase, without the cost of gas included, will increase residential rates by a greater percentage than these figures. TXU indicates that a typical residential customer's bill using 6 mcf per month, if the rate increase is granted, will be $41.69 or an increase of approximately $3.96 per month. The typically commercial customer's bill using 30 mcf per month will be $173.04 or an increase of approximately $7.86 per month. TXU's primary justification for this increase, which follows increases over each of the past three calendar years, is that it has invested $720 million in its pipeline and distribution system over the last five years. TXU claims this is a 66% increase in net plant. TXU is attempting to earn an S:Our Documents 'vliscellm~eous 03 age~da infim~lation sheet TXU Rate Request DOC 8.99% return on invested capital. TXU claims that it is currently earning a little less than half of this or 4.21%. OPTIONS: o The City Council can approve the Ordinance suspending the effective date of the rate increase and joining the Alliance of TXU Municipalities. The City Council can pass an ordinance recommended by TXU waiving its original jurisdiction and allowing the Railroad Commission of Texas to exercise jurisdiction over this matter. The City Council can pass an ordinance recommended by TXU denying TXU's request to change rates, which will most likely be appealed immediately to the Railroad Commission. The City Council can choose not to enact the Ordinance and TXU's rate gas increase could automatically go into effect on or after June 27, 2003. RECOMMENDATION: Staff recommends that the City Council choose Option 1 and pass the Ordinance suspending the effective date of the rate increase for at least 90 days and authorizing the City to join the coalition of cities known as the Alliance of TXU Municipalities (ATM). We strongly recommend against passing either of the ordinances recommended by TXU in option 2 and 3 which would waive the 90 day period that you have available under the Gas Utility Regulatory Act to study, investigate and decide what final action you want to take on TXU's gas rate increase request. This is an extremely important and complex rate case. You and your rate consultants will need all the time the law allows to fully investigate this matter and try to determine reasonable gas rates. The passage of either of the two ordinances recommended by TXU will shorten the length of time that you have to study this request by as much as 90 days and deprive you of the necessary extra time to review the matter. If you choose Option 4 and do nothing, than TXU has the ability to implement the rate increase in Denton within 35 days from the May 23, 2003 filing date or on or after June 27, 2003. The passage of the ordinance suspending the effective date of the rate increase is consistent with the exercise of due diligence in gas rate proceedings. Passing the Ordinance suspending the rates also follows a precedent that the City Council has consistently followed in all recent gas rate requests which has resulted in significant reductions of the amounts previously requested by TXU. The ordinance also authorizes ATM to intervene in the pipeline gas rate case filed at the Railroad Commission. Two coalitions of cities have already been formed to prosecute this case at the municipal level and before the Railroad Commission. Both groups have benefits and both groups are represented by competent attorneys and rate consultants. We recommend that you join the Alliance of TXU Municipalities (ATM) which has hired the Law Offices of Jim Boyle and Monte Akers of the law firm of Bovey Akers & Bojorquez to represent ATM in this matter for the reasons expressed in the status report. It is also extremely important that you take action to pass this Ordinance at this meeting since this will be your last opportunity to suspend the rates before TXU's rate increase goes into effect. FISCAL INFORMATION: Under Section 103.022 of the Gas Utility Regulatory Act, all reasonable costs of the rate case consultants are reimbursable to the City by TXU. The attorneys and consultants with the ATM cities have agreed that they will not request the cities to pay any of these costs but will wait for reimbursement from TXU. Based on previous gas rate cases, suspending the rates and joining a coalition of cities to investigate and prosecute the rate case Page 2 S:Our Doc[illicit s 'vliscellm~eous 03 ag~da infomlation sheet TXU Rate Request DOC will probably result in a significant reduction in the amount requested by TXU. For example, in last year's TXU gas rate case the rate case ultimately settled for about 1/3 of what TXU had originally requested in Denton and in the other cities included in the case. Respectfully submitted, Herb Prouty, City Atto~ey Page 3 S:Our Docum~lts Miscellanemls 03 ag~lda infommtion sheet TXURateRequest DOC TXU Gas Company 2003 Rate Case Executive Summary TXU INTRODUCTION Since I909, TXU Gas has been providing natural gas service to homes and businesses in north central Texas. From the natural gas pipeline built from the Petrolia field in Clay County and growing to over 6,800 miles of pipeline and 26,000 miles of distribution lines existing today, TXU Gas has grown with Texas. The Company now serves over 1.4 million residential, commercial and industrial customers in approximately 550 communities with safe, reliable and reasonably priced natural gas. With this rate case, TXU Gas is taking another bold step to ensure that our customers will continue to receive the same high quality service they have come to expect and depend on. OVERVIEW TXU Gas has met the challenge of the rapidly growing economy that it serves. The Company has made the investment and incurred the expenses necessary to keep the gas flowing to our customers in a safe and efficient manner. We have worked hard to control O&M expenses and will continue to do so in the future. TXU Gas has filed this rate case because our rates do not reflect our current level of reasonable and necessary expenses. Like any investor, investors in TXU Gas expect to earn a return on their investment and for that investment to be returned to them over time. Largely because of the/nfi'astmcture improvements we have made in the last five years, we are not earning a reasonable return overall on the TXU Gas' invested capital. CAPITAL INVESTMENT' TXU Gas has invested approximately $721 million in its gas pipeline and distribution system in the last five years. After taking into account depreciation during that period, the value of our plant in service has increased over $400 million. Page I of 4 This is a 66% increase in the net plant in service over a five-year period. These investments were necessary to maintain the safety and reliability of the system. Much of the investment was to replace pipe and other facilities that had reached the end of their service lives. The investments were also made in response to the rapid economic growth in our service area, which required the replacement of pipe as development encroached on high pressure lines, relocations of pipe as roads and freeways were built or expanded, and extensions of pipe and increases in capacity as the population expanded into outlying areas. OPERATING AND MAINTENANCE EXPENDITURES Despite the rapid growth in the economy and the increased capital investment, TXU Gas has been able to closely control its operating and maintenance (O&M) expenses. Between 2001 and 2002, expenses in the field have slightly decreased. Operating expenses over all have slightly increased as a result of increased pension funding requirements and employee benefits, areas of expense that have been rapidly rising across the national economy and are largely outside of the Company's control. :TXU GaS is continuing to take steps to limit increases in O&M expenses. This rate' case contains several adjustments reflecting additional steps that have been taken to reduce O&M after the close of the recent calendar year. As a result of our W~NS program, for example, O&M expenses have been adjusted downward in the rate case from actual costs by $6.7 million. SIMPLIFIED RATES We have taken great care in developing this rate case. We have simplified our approach so that it will be much easier for our customers and our regulators to understand our business. For instance, in this case we are proposing rates for only six customer classes: Four classes of service from the inlet of our system through both Page 2 of 4 pipeline and distribution facilities and two classes of service for customers that only use the pipeline facilities. All of our customers will have only one rate to pay. RATE FILING PACKAGE We have improved and updated the rate filing package in many areas. We have a new detailed cost of service study and a neMy designed Tariff for Gas Service. We have prepared a new depreciation study for both the P/peline and Distribution assets and a new lead/lag study to determine the need for cash working capital. The filing package itself has been made much simpler and is presented in a format that we feel will be easier to use. Finally, we have spent many hours ensuring the connection between our books and records and the filing package is transparent and accurate. Our various accounting teams have spent a lot of time trying to make sure the financial presentations are as straightforward as possible. We are preparing to answer any questions that may arise over the course of thc case as expeditiously as possible. RATEINCREASE Overall, TXU Gas is asking for appmximately a 7.2% rate increase. ResidenfiaI rates would increase approximately 10% even though our analysis shows that an increase well in excess of this amount could be justified. For residential customers, this will increase their typical bill approximately $3.59. As a matter of policy, we believe that the increase in Residential rates should be limited to 10%. There is a slight increase for the commercial class and no increases for other classes of customers. Page 3 of 4 TARIFF IMPROVEMENTS We are requesting, in addition to a rate increase, a number of other changes to our tariff. The two most important are to provide a capital investment adjustment factor (CIAF) and we are also seeking to revise the gas cost recovery mechanism. Both of these proposals are meant to reduce future ram case expenses and to provide more timely recovery of costs, thus reducing regulatory expenses and improving the Company's financial future. As our service area grows and our facilities continue to age, we expect that our investment in the system will continue to exceed depreciation for the foreseeable future. This will make it highly likely that we will have to continue to file rate cases on a regular basis if the CIAF is not approved. We are also proposing changes in the gas cost reeove~ procedures, which will limit future rate- case expenses while enhancing the TRC's and City's ability to monitor and review those costs. Rate cases are expensive for all concerned, especially for our ratepayers. A broad consensus exists that steps should be taken to limit those costs. We believe our proposals will accomplish that end. CONCLUSION TX[J Gas is proud of its achievements since 1909, and especially in the last five years We have maintained a safe and reliable gas system through the hard work of our employees and the investment of a tremendous mount of capital. Reducing our field operating expenses has not been easy but we have done it. Through our rate: activities of the last few years we have gained a better understanding of what the Cities and TRC want to see in a rate filing. While areas of disagreement may remain over policy, we are confident that our hard work in preparing this package will allow the process to focus on those policy differences. We expect the result of this effort to produce a fair treatment of our request that will a/Iow us to continue to provide safe and reliable service to our customers. Page 4 of 4 TXU Gas - Rate Case Denton, Texas Case Overview impact on Typical Customer Bills irt Denton · Typical residential customers using 6 MCF per month will reaJize an increase of approximately $3.99 per month or 7.3% using current gas cost. · Typical commercial customers using 30 IVICF per month will realize an increase of approximately $8.00 per month or 3.2% using current gas cost. Number of Customers irt Denton · 19,208 total customers ~. 17,169 residentiaJ customers ~ 1,972 commercial customers ~ 67 industrial customers Case Facts · TXU Gas has made significant investment in the system in order to continue providing safe and reliable natural gas service. ~ The Company has invested approximately $721 million in the pipeline and distribution systems in the last five years or a 66% increase in the net plant in service · Despite rapid economic growth, TXU Gas has closely controlled its operating and maintenance (O&M) expenses ~, From 2001 to 2002 expenses in the field have slightly decreased. ), Operating expenses overall have slightly increased due to increased pension funding requirements and employee benefits, areas of expense that have been rapidly rising across the national economy. · TXU Gas is currently earning a 4.31% return on invested capital ,~ The Company is proposing to earn a 8.99% return on invested capital ~ in November 2000, the Railroad Commission of Texas authorized a return on invested capital of 9.75% in TXU Gas Distribution's appeal from the Dallas Distribution System · TXU Gas is proposing more simplified and transparent rates ~ System-wide rates - The Company is proposing one set of rates for air customer classes across the system. ~ TXU Gas is ~ing a case for both the distribution and pipeline assets and services ORDINANCE NO. AN ORDINANCE ELECTING TO HAVE THE RAILROAD COMMISSION OF TEXAS EXERCISE ORIGINAL Y[YRISDICTION OVER GAS UTILITY RATES, OPERATIONS, AND SERVICES WITHIN THE INCORPORATED LIMITS OF THIS MUNICIPALITY CONCERNING THE TXU GAS COMPANY STATEMENT OF INTENT FILED ON MAY 23, 2003; PROVIDING FOR AN EFFECTIVE DATE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR NOTICE OF THIS ORDINANCE TO THE RAILROAD COMMISSION OF TEXAS; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO TXU GAS COMPANY. WHEREAS, on or about May 23, 2003, TXU Gas Company (the "Company") filed with the City of ("City"), a Statement of Intent to change gas rates ha ail murdcipalit/es within the Company's statewide gas utility system effective June 27, 2003; and WHEREAS, the City, has exclusive original jurisdiction to evaluate the Company's Statement of Intent as it pertains to the distribution facilities located within the City, pursuant to Texas Utilities Code §§ 102.001(b) and 103.00I; and WHEREAS, provision is made m Section 103.003 of the Texas Utilities Code whereby a municipality may elect to have the Raikoad Commission of Texas (the "Commission") exercise original jurisdiction over gas utility rates, operations, and services within the incorporated limits of said municipality; and WHEREAS, the Governing Body of this municipality, after having thoroughly considered the matter, is of the opinion that the best interests of this municipality will be served by having the Commission exercise original jurisdiction over gas utility rates, operations, and services as to this Statement of Intent; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SECTION 1. That the Governing Body of this municipality does hereby elect to have the Commission exercise original jurisdiction over gas utility rates, operations, md services within the incorporated limits of this municipality concerning the TX-U Gas Company Statement of Intent filed on May 23, 2003. SECTION 2. That this Ordinance shall become effective, and the Commission shall exercise the exclusive original jurisdiction over said gas utility rates, operations, and services as to this Statement of hatent on and after tko date of the passage hereof until such time as a final rale is set for TXU Gas Company by the Commission. SECTION 3. That it is hereby officially found and determ/ned that the meeting at v~h/ch this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as requirecL SECTION 4. That the Secretary of this mtmicipality shall give notice of this Ordinance to the Commission by forwarding a certified copy of same to the Commission upon the passage of this Ordinance. SECTION 5. That the Secretary of this City shall forward a copy of this Ordinance to the following representative of TXU Gas Company within 10 days after the Ordinance is approved: Autry L. Warren, Director Gas Regulatory, TXU Bminess Services, 1601 Bryan Street, Dallas, Texas 75201-3402. PASSED AND APPROVED at a Regular Meeting of the City of , Texas on tl~is the day of ,2003. ATTEST: Secretary Mayor EXIEiBIT A TXU Gas Rate Case Denton, Texas Case Summary Impact of Rate Filing in Denton Residential Revenue Commercial Revenue Industrial Sales/Transportation Service Charges Total Revenue Change increase 785,749 or 11.87% 48,779 or 0.97% -84,367 or -10.73% 90,006 or 93.58% $ 840,168 or 6,70% Impact of Rate Filing on Typical Customer Bills in Denton · Typical residential customer's bill using 6 MCF per month will be $ 41.69 or an increase of approximately $3.96 per month · Typical commercial customer's bill using 30 MCF per month will be $173.04 or an increase of approximately $7.86 per month Number of Customers in Denton · 19,208 total customers > 17,169 residential customers > 1,972 commercial customers > 67 industrial sales/transportation customers Page 1 of 1 ORDINANCE NO. AN ORDINANCE ELECTiNG TO HAVE THE RAILROAD COMMISSION OF TEXAS EXERCISE ORIGINAL JURISDICTION OVER GAS UTILITY RATES, OPERATIONS, AND SERVICES WITHIN THE INCORPORATED LIMITS OF THIS MUNICIPALITY CONCERNING THE TXU GAS COMPANY STATEMENT OF INTENT FILED ON MAY 23, 2003; PROVIDING FOR AN EFFECTIVE DATE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDiNG FOR NOTICE OF THIS ORDINANCE TO THE RAILROAD COMMISSION OF TEXAS; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO TX-U GAS COMPANY. WHEREAS, on or about May 23, 2003, TXU Gas Company (the "Company") filed with the City of ("City"), a Statement of Intent to change gas rates in all municipalities within the Company's statewide gas utility system effective June 27, 2003; and WHEREAS, the City, has exclusive original jurisdiction to evaluate the Company's Statement of Intent as it pertains to the distribution facilities located within the City, pursuant to Texas Utilities Code §§ 102.001(b) and 103.001; and WHEREAS, provision is made ia Section 103.003 of the Texas Utilities Code whereby a municipality may elect to have the Raikoad Comm/ssion of Texas (the "Commission") exercise original jurisdiction over gas utility rates, operatiom, and services within the incorporated limits of said municipality; and WHEREAS, the Governing Body of this mtmicipality, after having thoroughly considered the matter, is of the opinion that the best interests of this municipality will be served by having the Commission exercise or/ginal jurisdiction over gas utility rates, operations, and services as to this Statement of Intent; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF , TEXAS: SECTION I. That the Governing Body of this municipality does hereby elect to have the Commission exercise original jurisdiction over gas utility rates, operations, and services within the incorporated limits of this municipality concerning the TXU Gas Company Statement of Intent filed on May 23, 2003. SECTION 2. That this Ordinance shall become effective, and the Commission shall exercise the exclusive original jurisdiction over said gas utility rates, operations, and services as to this Statement of Iment on and after the date of the passage hereof until such time as a f'mal rate is set for TXU Gas Company by the Commission. SECTION 3. That it is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. SECTION 4. That the Secretary of this municipality shall g/ye notice of this Ordinance to the Commission by forwarding a certified copy of same to the Commission upon the passage of this Ordinance. SECTION 5. That the Secretary of this City shall forward a copy of this Ordinance to the following representative of TXU Gas Company within 10 days after the Ordinance is approved: Autry L. Warren, D/rector Gas Regulatory, TXU Business Services, 1601 Bryan Street, Dallas, Texas 75201-3402. PASSED AND APPROVED at a Regular Meeiing of the City of , Texas on this the day of ,2003. Mayor ATTEST: Secretary ORDINANCE NO. AN ORDINANCE OF THE CITY OF , TEXAS, DENYING TXU GAS COMPANY'S REQUEST TO CHANGE RATES IN THiS MUN'IC~, AS A PART OF THE COMPANY'S STATEWIDE GAS UTILITY SYSTEM; PROVIDING A REQUIREMENT FOR A PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY; PROVIDING AN EFFECTIVE DATE; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO TXU GAS COMPANY. WHEREAS, on or about May 23, 2003, TXU Gas Company (the "Company") filed with the City of ("City"), a Statement of Intent to change gas rates in all mumcipalities within the Company's statewide gas utility system effective June 27, 2003; and WHEREAS, the City, has exclusive original jurisdiction to evaluate the Company's Statememt of Intent as it pertains to the distribution facilities located w/thin the City, pursuant to Texas Utilities Code § § 102.00I(b) and 103.00I; and WHEREAS, the Texas Utilities Co4e § 103.022 provides that costs incurred by the City in ratemaking activities are to be reimbursed by the regulated utility; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF , TEXAS: SECTION 1. The Company's Statement of Intent to change gas rates with/n the City, as part of the Company's statewide gas utility system, be denied in all respects. SECTION 2. The costs incurred by the City in reviewing the Company's application be promptly reimbursed by the Company. SECTION 3. Th/s Ordinance shall become effective immediately firom and after its passage, as the law and charter in such cases provide. '. SECTION 4. That it is hereby officially found and determined that the meeting at which this Ordinance is passed is opes to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. SECWION 5. A copy of this ordinance, constituting final action on the Company's application be forwarded to the appropriate designated representative of the Company within 10 days as follows: Autry L. Warren, Director Gas Regulatory, TXU Business Services, 1601 Bryan Street, Dallas, Texas 75201-3402. : 2003. DULY PASSED and approved by the City Council of the City of APPROVED: , Texas, on this the day of ATTEST: APPROVED AS TO FORM: , CITY ATTORNEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING PARTICIPATION IN A COALITION OF CITIES KNOWN AS THE ALLIANCE OF TXU MUNICIPALITIES (ATM) IN ORDER TO HIRE ATTORNEYS AND EXPERTS TO RESPOND TO THE FILINGS OF TXU GAS COMPANY LOCALLY AND BEFORE THE RAILROAD COMMISSION OF TEXAS INCLUDING THE AUTHORITY TO NEGOTIATE WITH THE COMPANY AND TO DIRECT ANY NECESSARY LITIGATION; AUTHORIZING INTERVENTION AT THE RAILROAD COMMISSION OF TEXAS; SUSPENDING THE EFFECTIVE DATE OF TXU GAS DISTRIBUTION'S REQUESTED RATE CHANGES AS SET FORTH IN THEIR STATEMENT OF INTENT FILED WITH THE CITY SECRETARY TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND ESTABLISH REASONABLE RATES; TO REQUIRE THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on or about May 23, 2003 TXU Gas Distribution, a division of TXU Gas Company, hereinafter referred to as TXU Gas, filed with the City of Denton, Texas, ("City") a Statement of Intent to Change Rates in all municipalities within the TXU Gas Distribution Systems; and WHEREAS, on May 23, 2003 TXU Gas filed a Statement of Intent to Increase Rates at the Railroad Commission of Texas; and WHEREAS, TXU Gas has requested that the City either deny the rate increase or waive its original jurisdiction over this matter and have the Railroad Commission exercise original jurisdiction and the City Council deems that this would not be in the public interest; and WHEREAS, the rate request by TXU Gas is novel and complex requiring specialized expertise of lawyers and experts who specialize in ratemaking proceedings initiated by public utilities; and WHEREAS, the City needs time to analyze and study the rate requests filed by TXU Gas; and WHEREAS, the Gas Utility Regulatory Act grants local regulating authorities the fight to suspend the effective date of proposed rate changes; and WHEREAS, the Gas Utility Regulatory Act grants local regulatory authorities the fight to intervene in rate proceedings filed at the Railroad Commission; and WHEREAS, on a systemwide basis the TXU Gas rate requests total almost $70 million; and WHEREAS, the Gas Utility Regulatory Act provides that municipalities shall be reimbursed for their reasonable rate case expenses by the regulated utility; and WHEREAS, a coalition of municipalities, known as the Alliance of TXU Municipalities ("ATM") has been active in rate proceedings filed at the Railroad Commission by TXU Gas; and WHEREAS, the City Council believes it is reasonable for the City to cooperate with other cities in a review of the Company's rate application and that the City should join with other cities participating in ATM as a Steering Committee in order to coordinate the hiring and direction of legal counsel and consultants working on behalf of ATM and the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the findings set out in the preamble to this resolution are hereby in all things approved and adopted. SECTION 2. The effective date of the tariff changes submitted by TXU Gas on or about May 23, 2003 with the City are hereby suspended for ninety days from the originally scheduled effective date and for such additional time as the parties may agree upon in order to permit adequate time for the proper review of the TXU Gas Statement of Intent and to establish reasonable rates. SECTION 3. The City is authorized to join with other cities in a coalition of cities known as the Alliance of TXU Municipalities ("ATM") and authorizes the Steering Committee of ATM to hire, direct, and guide the lawyers and consultants who are representing said cities, negotiate with TXU Gas, make recommendations to the City regarding reasonable rates and to direct any necessary litigation associated with an appeal or rate ordinance and the rate case filed at the Railroad Commission.. SECTION 4. The City Council approves the employment of Monte Akers and Jim Boyle to represent the City with regard to the TXU Gas Statements of Intent filed at the City and at the Railroad Commission of Texas and authorizes the Steering Committee to employ such rate experts as are necessary as recommended by the Steering Committee for the Alliance of TXU Municipalities. SECTION 5. The City is authorized to intervene at the Railroad Commission of Texas and to appeal or appear in Court in any matter related to the Statement of Intent filed by TXU Gas on May 23, 2003. SECTION 6. The City, in coordination with the Steering Committee cities, shall review the invoices of its consultants for reasonableness before submitting such invoices for reimbursement pursuant to Section 103.022 of the Gas Utility Regulatory Act. SECTION 7. That the City's reasonable rate case expenses shall be reimbursed by TXU Gas. Page 2 of 3 SECTION 8. That the City Secretary is directed to send a true and correct copy of this Ordinance to a local representative of TXU Gas. SECTION 9. That the meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code Chapter 551. SECTION 10. This Ordinance shall be effective immediately upon passage. PAS SED AND APPROVED BY the Governing Body of the City of Denton, Texas, at a regular meeting of the City Council on this the 17th day of June, 2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY MARK BURROUGHS, MAYOR PRO TEM BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 3 of 3 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: June 17, 2003 Planning and Developmem Departmem Jon Fortune, Assistam City Manager SUBJECT - ADP03-0005 (Brinker Crossing) Consider adoption of an ordinance concerning the Alternative Developmem Plan for the Brinker Crossing development. The approximately 2.0 acre development is generally located on the west side of Brinker Road, south of Loop 288. The property is within a Regional Cemer Commercial Dowmown (RCC-D) zoning district. Commercial uses are proposed. The Planning and Zoning Commission recommends approval. (5-0) BACKGROUND Applicam: Brandon Guillory, Kimley-Hom and Associates Dallas, Texas The applicant is requesting an Alternative Development Plan to allow 15 parking spaces in front of the building between the street and the entrance. The applicant is mitigating the parking spaces in from of a portion of the building by providing additional landscaping and a fence along the street boundary. See Attachmem 3 for building elevations and Attachmem 5 (Exhibit A) for the site plan. The proposed site design meets the intent of the Denton Development Code and the developmem fits in with the character of the area. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (5-0). Powell were absent.). (Commissioners Holt and ESTIMATED PROJECT SCHEDULE The subject property is platted, but a revised preliminary and final replat will be required prior to issuance of any permits due to changes in the lot layout. PRIOR ACTION/REVIEW The following is a chronology of ADP03-0005, commonly known as Brinker Crossing: Preliminary plat of Brinker Crossing approved August 2002 Final Plat approved September 2002 Conveyance Plat request to Planning and Zoning Commission May 14, 2003 Alternative Development request to Planning and Zoning Commission May 14, 2003 No Neighborhood meeting was held ATTACHMENTS 1. Staff Analysis 2. Maps 3. Elevations 4. May 14, 2003 Planning and Zoning Commission Minutes 5. Draft Ordinance (w/site plan) Prepared by: D~b~o!ah'Viera, AICP Planner II Respectfully submitted: m~ Development RLA, ~g and ATTACHMENT 1 Staff Analysis Summary of Request The applicant is requesting the Alternative Development Plan to allow parking in front of the building between the street and the entrance. The applicant is mitigating the parking spaces in from of a portion of the building by providing additional landscaping and an ornate fence. The applicant is providing additional landscaping for the parking areas, as well as an increase in the overall landscaping for the site. Existing Condition of Property Property History. February 20, 2002 - The subject property was placed in the Regional Center Commercial Dowmown (RCC-D) zoning district and land use classification by Ordinance 2002- 040. The subject property comains office structures to the North and a parking lot. Adjacent zoning: North: Regional Cemer Commercial Dowmown (RCC-D) zoning district - retail/commercial uses South: Regional Cemer Commercial Dowmown (RCC-D) zoning district - vacam East: Regional Cemer Commercial Dowmown (RCC-D) zoning district - retail/commercial uses West: Regional Cemer Commercial Neighborhood (RCC-N) zoning district - vacam Comprehensive Plan Analysis The subject site is located within a "Regional Mixed Use Center" future land use area. Regional Mixed Use Centers are intended to contain the shopping, services, recreation, employment and institutional facilities supported by and serving an entire region. A regional activity cemer could comain developmems such as a regional shopping mall, big box retail, superstores, restaurant and entertainment facilities, a high school or community college, and high-density housing. Proposed new developmem will be compatible with the existing uses and zoning of the surrounding properties at this time. Development Code/Zoning Analysis Currem Regional Cemer Commercial Dowmown (RCC-D) zoning allows for the proposed retail structure, however the parking between the front of the building and the street is not permitted. The Alternative Development Plan proposes 15 spaces between the building and the street and shields the view from the street with a metal fence and additional landscaping. The imem of the regulation is to decrease the visual impact of parking lots along roads. Additionally, by requiring the building closer to the road a streetscape is created. As stated above, the applicant is proposing to provide ornate fencing along portions of the road frontage (Attachment 4, see enlargemems provided in packet). The fencing will serve two purposes, first the architectural style of the fence will create a sense of place for the plaza and secondly, along with the landscaping, provide a visual buffer to the proposed parking spaces. The Regional Cemer Commercial Dowmown (RCC-D) zoning district requires 10% minimum landscaped area for the lot and 20% tree canopy for the site. The applicam is providing 13% landscaping and 23%tree canopy coverage for the site. 3 The DeNon Developmem Code also requires 7% of the total parking area to be landscaped and 15% of the parking area to be covered by tree canopy. The applicam is proposing to provide 8% landscaping and 24% tree canopy for the parking areas. Alternative 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 35.13.13. The Alternative Development Plan provides the option to address the design criteria through a flexible discretionary process. The criteria for approval is as follows: 1. Preserve Existing Neighborhoods. The surrounding parcels already have been developed with parking between the buildings and street. The proposed screening treatment would enhance the existing neighborhood. 2. Assure quality development that fits with the character of Denton. With the exception of the location of the parking spaces, the proposed developmem meets the criteria of the Denton Development Code and the construction and site design will be compatible with the character of DeNon and the specific area. 3. Focus on new development to activity centers to curb strip development and urban sprawl. The proposed developmem provides infill developmem. The configuration of the lot (long and relatively narrow) facilitates a developmem that is more "strip development" in nature, however, the proposed amenities help mitigate the impact of the developmem. 4. Ensure that infrastructure is capable of accommodating development prior to the development occurring. The infrastructure in the site area will be adequate to serve the proposed development. Staff Findin~ The proposed design meets the intent of the Denton Development Code and the development fits in with the character of the area. Staff Recommendation Based upon the above Development Plan. findings staff recommends approval of the proposed Alternative ATTACHMENT 2 Location/Zoning Map NORTH Future Land Use Map CondcnscltTM Page 89 1 COMMISSIONER APPLE: we are going to 2 reconvene our session now. Item No. 9 is a public hearing 3 and Ms. Viera with the planning staff will preseut. I'll 4 open the public hearing. 5 Ms. vlm~: oecd evening, Cormnission, once 6 again. The subject site is located along the west side of 7 Brinker Road south of the existing RaceTrak Gas Station 8 located at the intersection of Loop 288 and Brinker Road. 9 The applicant had requested an alternative development 10 plan to allow 15 parking spaces being located between the 11 street and the building. 12 According to the Development Code, parking 13 between buildings and street, they are not allowed. The 14 applicant has provided mitigation to screen the parking 15 areas by adding more landscaped area and also an ornate 16 fence that will screen the parking areas from the public 17 right-of-way. The staff recommends approval of the ADP. 18 I believe the applicant is here if you have any questions. 19 COMMISSIONER APPLE: Thank you. Does the 20 applicant wish to come forward? 21 M~. at[[CRY: ?hank you, Madam Chair. My 22 naxne is Brandon Gillory with Kemley Horn and Associates. 23 We represent the applicant, 12700 Park Central Drive, 24 Dallas, Texas. Be happy to answer any questions you have 25 now. Page 90 COMMISSIONER APPLE: commissioners don't have any. Thank you. Is there anyone present who would like to address this Agenda Item? Seeing no one coming forward, I'll close the public hearing. Cormnissioner Watkins. COMMISSIONER WATKINS: Madalll Chair, t would like to move approval of ADP-03-O005, COMMISSIONER APPLE: we have a motion. Do 1 2 3 4 5 6 7 8 9' l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we have a second? COMMISSIONER JOHNSON: second. COMMISSIONER APPLE: Any discussion? Commissioner Mulroy. COMMISSIONER MULROY: EXCUSe me. COMMISSIONER APPLE: That's okay. Accidental button pushing. Seeing no discussion, vote please. Motion carries 5-0. 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 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 91 Page 92 PLANNING AND ZONING COMMISSION MAY 14, 2003 Page 89 - Page 92 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN FOR BIN R CROSSING DEVELOPMENT, BEING AN APPROXIMATE 2 ACRE SITE LOCATED APPROXIMATELY 450 BEET SOUTH OF LOOP 288 ALONG THE WEST SIDE OF BRINKER ROAD LEGALLY DESCRIBED AS LOTS 5 AND 6 BLOCK A OF THE BRINKER CROSSING ADDITION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP03-0005) WHEREAS, the owner of an approximate 2 acre tract of land zoned Regional Center Commercial Downtown (RCC-D) and legally described as Lots 5 and 6 Block A of the Brinker Crossing Addition has made an application for approval of an alternative development plan under the Development Code regulations on file in the Planning Department, a copy of which is attached hereto as Exhibit "A" and made a part hereof by reference (the "Alternative Development Plan"); and WHEREAS, on May 14, 2003, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested Alternative Development Plan; and WHEREAS, the City Council finds that the Alternative Development Plan is consistent with the Comprehensive Plan; and, WHEREAS, the City Council finds that the altexnative development plan, with the conditions imposed herein, if any, meets the requirements of the Development Code; 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. SECTION 2. The Alternative Development Plan is hereby approved. 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 published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. Page 1 of 2 PASSED AND APPROVED this the day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~ Page 2 of 2 I SVX~I~ '~IO~N~t(i NVqd ~JAS ~IAI,LVN~I~I&qV AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: June 17, 2003 Planning Department Jon Fortune, Assistant City Manager SUBJECT - ADP03-0006: (Sally Beauty Service Center) Consider an ordinance approving an Alternative Development Plan for approximately 23.7 acres generally located at the northwest comer of Brinker Road and Colorado Boulevard imersection. The subject property is within a Regional Center Commercial Neighborhood (RCC-N) zoning district. The purpose of the Alternative Developmem Plan is to deviate from the requirements of Subchapter 13 of the Development Code. Office uses are proposed. The Planning and Zoning Commission recommends approval (6-0). BACKGROUND Applicant: Michael Patterson, Sally Beauty Corporation Denton, TX The purpose of alternative developmem plans is to provide a mechanism for those developmems that do not meet the site design standards as outlined in the Development Code; but nevertheless, meet or exceed the objectives of the DeNon Plan and Developmem Code. The applicam is proposing to vary from the site design standards concerning vehicular connectivity with adjacem parcels and the location of street trees. The Development Code (Section 35.13.10.A.l.b) requires that all non-residemial developmems, excluding industrial, provide access to adjoining properties or developments, and street trees to be located between the street and the sidewalk (Section 35.13.6.A). The applicam is proposing no vehicular connectivity to the adjacem parcels due to security issues. However, the applicam is proposing to connect to any existing or proposed sidewalk along Brinker Road and Colorado Boulevard and to provide pedestrian access to the Rails and Trails Reserve. The applicant is also proposing to use existing tree stands along Brinker Road and Colorado Boulevard to count toward the required street trees and to plant new trees closer to the parking areas visible from the street to screen them from view. OPTIONS 1. Approve 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (6-0, Commissioner Apple absem). ESTIMATED PROJECT SCHEDULE The subject property is not platted. Approved preliminary and final plats must be obtained prior to the issuance of building permits. PRIOR ACTION/REVIEW The following is a chronology of ADP03-0006 commonly known as Sally Beauty Service Center: General Development Plan approved on March 24, 1993. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Alternative Development Plan 4. Backup Information from the Applicant 5. May 28, 2003 Planning and Zoning Commission Minutes 6. Draft Ordinance Prepared by: Planner II Respectfully submitted: Al Re~ RLA, of Planning and Development ATTACHMENT 1 Staff Analysis Summary of Alternative Development Plan Request Sally Beauty Company is proposing a service center approximately 190,000 square feet. The proposed facility would include office space, training and meeting facilities, dining facility, data center, call center, and test stores. The applicant is proposing no vehicular connectivity to the adjacent parcels due to security issues. Required pedestrian connectivity to adjacent sidewalks and pathways has been provided. The applicant is also proposing to use existing tree stands along Brinker Road and Colorado Boulevard to count toward the required street trees and to plant new trees closer to the parking areas visible from the street to screen them from view. Existing Condition of Property Property History. February 20, 2002 - The subject property was placed in the Regional Center Commercial Neighborhood (RCC-N) by Ordinance 2002-040. Adjacent zoning. North: Regional Center Commercial Neighborhood (RCC-N) South: Regional Center Commercial Neighborhood (RCC-N) East: Regional Center Commercial-Neighborhood (RCC-N) West: Regional Center Residential 1 (RCC-1) and Regional Center Commercial Neighborhood (RCC-N) (across Colorado Boulevard) Comprehensive Plan Analysis The subject site is located within a "Regional Mixed Use Center" future land use area. Regional Mixed Use Centers are intended to contain the shopping, services, recreation, employment and institutional facilities supported by and serving an entire region. A regional activity center could contain developments such as a regional shopping mall, big box retail, superstores, restaurant and entertainment facilities, a high school or community college, and high-density housing. "The quality of development, particularly commercial development along the city's corridors, is a significant factor in the quality of neighborhoods, the urban environment, and the sustainability of structures. :tdequate public facilities shall be a criterion by which zoning is granted." (p. 42) "Fisual quality objectives and a healthy business climate should not be considered mutually exclusive. Urban design concepts should be incorporated into private developmentplans early into the review process." (p. 61) The Denton Plan clearly identifies the visual quality of commercial developments as an integral component of the site design process that could have a major impact on the urban environment. The proposed use and site design standards are compatible with surrounding land uses. Development Code/Zoning Analysis Section 35.13.5 (Alternative Development Plan) states, "An applicant may propose an Alternative Development Plan which meets or exceeds the design objectives of this Subchapter but does not meet the standards of this Subchapter. The Alternative Development Plan provides the option to address the design criteria through a flexible discretionary process reviewed by the City Council utilizing the Zoning Amendment Procedure process outlined in Subchapter 3." Section 35.13.5.A. (listed below) identifies the criteria for approval of an Alternative Development Plan. 1. Preserve Existing Neighborhoods. With exception of the assisted living facility, located to the east, the adjacent properties are undeveloped. The developments across Colorado Boulevard are restaurants and the Jefferson Commons apartment complex. Only the restaurants provide vehicular connectivity between pad sites. The assisted living facility, adjacent to the east, will provide street trees along Brinker Road. The grading of the subject site along Brinker Road makes it difficult to locate of the sidewalk further back into the property to allow for the proper location of street trees. Furthermore, the grading of the site could disturb the existing tree stand, located along Brinker Road, which is proposed to be preserved. The existing developments located along Colorado Boulevard do not provide street trees. The purpose of street trees is to provide a unified view corridor along both sides of the street. In the event that the proposed service center provides street trees along Colorado Boulevard, the expected effect of a unified corridor could not be accomplished because of the lack of street trees on the other side of the street. 2. Assure quality development that fits in with the character of Denton. With the exception of the vehicular connectivity and the location of the street trees, the proposed development meets the criteria of the Development Code. 3. Focus new development to activity centers to curb strip development and urban sprawl. The proposed service center is a recommended land use within Regional Center areas. 4. Ensure that infrastructure is capable of accommodating development prior to the development occurring. The infrastructure in the site area will be adequate to serve the proposed development. The applicant has provided documentation explaining the reasons for not providing vehicular connectivity to adjacent parcels. (Attachment 5) STAFF FINDINGS The lack of vehicular connectivity with adjacent parcels and the relocation of street trees are consistent to the existing development in the vicinity area. STAFF RECOMMENDATION Staff recommends approval of ADP03-0007. ATTACHMENT 2 Maps NORTH Location/Zoning Map Land Use Map Scale: None ATTACHMENT 3 Proposed Site Plan Attachment 4 SALLY BEAUTY COMPANY SITE LOCATION: Intersection of Colorado Blvd. And Brinker Road ALTERNATIVE DEVELOPMENT PLAN-SUPPLEMENT #1 Introduction Koll Development Company, agent for Sally Beauty Company, hereby submits this Supplement #1 to the previously submitted Alternative Development Plan to clarify the request for relief from a portion of the Denton Development Code that applies to the site currently under a purchase contract by Sally Beauty Company. It is the intent of Sally Beauty Company, to purchase land for purposes of constructing a service center of approximately 190,000 square feet. This facility would include office space, training and meeting facilities, a full service dining facility, a data center, small call center, and test stores. Initially, the building will be occupied by 450 company employees. Future employment is projected to exceed 600 within 3 years of occupancy. Denton Development Code It is the intention of Sally Beauty Company to develop the site and building substantially in compliance with the current Denton Development Code ("the Code"). The project falls under the requirements of Code section 35.13.10 A(1)(b). Specifically this section addresses vehicular Connectivity between sites: "Ail non-residential development, excluding industrial, shall provide access to adjoining properties or developments." Alternative Development Plan As stated in the original Alternative Development Plan submittal, Sally Beauty feels that if connecting drives were provided to adjacent sites, as required by the Code, their project would be negatively affected in the following ways: 1. Security for employees and visitors and their vehicles would be impacted. 2. Given the number of employees moving into and out of the site, additional vehicle traffic from adjacent sites could impact safety within the parking lots and traffic volumes moving onto surrounding streets. 3. Adjacent land uses vary from that proposed for the Sally Beauty site and mixing of vehicles due to these different uses is undesirable. 4. Separation of adjacent sites is consistent with high quality corporate facility design. Sally Beauty's plans for the site do however make multiple accommodations for pedestrian connectivity to adjoining sites. These are more clearly illustrated by the accompanying site and landscape plan however, they can be described as follows: Construction of new sidewalk along Brinker Road that will connect to existing sidewalk which fronts the assisted living center now under construction to the east of the Sally Beauty site. Construction of new sidewalk along Colorado Boulevard that will extend to the north property line of the Sally Beauty site. This section of sidewalk will be available for future connection when the adjoining property to the north is developed. Connection of a planned onsite walking path to the Rails For Trails. Conclusion Sally Beauty Company requests consideration of this Supplement/ti and acceptance of the submitted Alternative Development Plan. Acceptance of the plan will allow for the quality corporate facility desired by Sally Beauty, provide security for it's employees and visitors, and promote public safety both on and around the site. If questions arise or additional information is required, please contact Don Mills of Koll Development Company at 214-696-7839 or by e-mail dmills~kolldevelopment.com 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 PROCEEDINGS COMMISSIONER POWELL: It being 6:30 and a being present, I will open the meeting of the Planning and Zoning Conmfission for We are six of us here tonight ~le, has a major plumbing house, and has got better things to do here, I'm sure. I'll up with Item Pledg¢ of Allegience to the U. Flag if the audience would join (Thereupon, of Allegiance were recited.) Item No. minutes of the Thank you. · of the ~roval. second. [ have ~mval. is there any discussion? please, vote. The itmn passes with Item No. 3 is the Consent Agenda. Iteans 3A, B, C, D, E and F are reconanended by staff and thereof will be su'ictly on the basis of staff and a no CondenseltTM of at her Page 3 i MR. REICHHART: Thank you. Deborah Viera 2 is on vacation. 3 Tonight we are looking at. an Alternative 4 Development Plan for the Sally Beauty Corporate 5 Headquarters Development. SubJect site is on the corner 6 of Brinker Road and Colorado. It's on the overhead before 7 you. We are looking at deviating from two aspects of the 8 regulations. One is connectivity to the adjacent parcels, 9 and the second are street trees. 10 Connectivity, the applicant due to security 11 reasons is proposing to key card their parking ici access 12 for individual use only and has requested not to provide 13 vehicular connectivity to the a4iacent parcels. 14 And it would be only the adjacent parcel to 15 the west. The one along Bfinker is already being 16 developed and there is no potential for connectivity 17 ' there.. They are providing pedestrian connectivity to the 18 rails and ti-ails on the back of their parcel. 19 Second one is the street trees and, again, 20 the applicant can Speak on this. They are proposing to 21 save a couple groves, if you will, of existing trees out 22 there. And with that natural vegetation and given what's" 23 being already developed across the street to provide 24 street trees just on one half of the street section would 25 somewhat seem out of character with what's existing out 5 6 7 8 9 1© 15 :el? ::18 ~19 :20 21 22 23 24 25 Cir, to raise consideration. Approval Of the Consent A with each itm~ in accordance x Ordinances. ning aad Zoning opportunity to approval. ~ have COMMiSSiONER ROY: second. COMMISSIONER POWELL: [ have a second. Please, vote. The vote is 6-0 in favor, one Next, we will go to items for individual consideration. Nmnber 4, consider making a reco~mnendation to the City Council regarding an Alternative Development Plan for approximately 23.7 acres generally located on the northwest corner of Brinker Road and Colorado intersection -- Colorado Boulevard Intersection. The subject property is within a regional center conm~rcial neighborhood zoning district. The purpose of the alum'native development plan is to deviate from the requirements of Subchapter 13 of the Development Code. Office uses are provided. You're not supposed to be doing that, but we'll accept you anyway. 1 2 3 .4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 Page 4 there already. As you can sec on the overhead, they are providing buffering to the parking lots and trees along the frontage where there aren't existing trees. Both those reasons, staff is recommending approval of the alternative development plan. I do know the applicant is here to answer any questions and make a presentation. But I would be happy to answer any questions that you would have at this thne. COMMISSIONER POWELL: Thank you, sir. This being a -- this not being a public hearing, I would prefer to have a motion for discussion. A motion made so we could discuss. COMMISSIONER MULROY: Mr. Chairman, I move approval. COMMISSIONER POWELL: I have a motion. Is there a second? COMMISSIONER HOLT: second. COMMISSIONER POWELL: okay. We have a motion and a second. Would the applicant like to speak or would the applicant like us to jus~ go forward here? MR. MILLS; Mr. Reichhart did a fine job of explaining what we're trying to do with -- COMMISSIONER POWELL: Come up front, sir. MR. MILLS: I'm sorry. PLANNING AND ZONING COMMISSION MAY 28, 2003 Page 1 - Page 4 CondcnscltTM Page 5 ] COMMISSIONER POWELL: That's all fight, 2 Give us your name and address, sir, 3 MR. MILLS: I'm Don Mills, I'm with Cole 4 Development Company. We're the development manager for 4 5 Sally Beauty Company. Our address is 8411 Preston Road in 5 6 Dallas, Suite 700~ The zip is 75225. And as I said, Mr. 6 7 Reichhart did a very good job of describing the alternate 7 8 development plan that we've proposed. And we really have 8 9 no further cormnent unless there are questions. We~d be 9 10 happy to answer those, l0 11 COMMISSIONER POWELL: Are th~ any t 1 12 questions for the applicant? Yes. Mr. Roy. 12 13 COMMISSIONER ROY: The connectivity issue, 13 14 would you show me on the map that's in front of you there, 14 15 specifically, what area of connectivity you don't want to 15 16 have. 16 I7 MR. MILLS: That we don't want to have? 17 18 COMM£SS1ONER ROY: y~. You're asking not 18 19 to have connectivity. I think I understand it, but I just 19 20 want to see it for sure. 20 21 MR. MILLS: We are asking ~- the adjacent 21 22 lots are actually this rectangle here which is an assisted 23 living center and this tract here, which is generally to 24 the north, which is undeveloped, and an unknown use at 25 this point. So those are the areas we are asking not to 1 2 4 5 6 7 8 9 10 11 12 13 14 Page 6 provide connectivity to. It is noted we are providing pedestrian connectivity via sidewalk. We're joining up with a sidewalk that's already been construc~a:l along Brinkcr Road here and extending it down to the 4 intersection of Colorado and Brinker. 5 And then we would pick up and mn a 6 sidewalk all the way to our north property line here for 7 future connection when that adjacent site is developed. 8 COMMISSIONER ROY: Thank you. 9 COMMISSIONER POWELL: Any more questions 10 for the applicant? Thank you very much, sir. 11 Anymore discussion amongst the Conmfission i12 members. I will call for a vote. Passes 6-0, with one 13 person being absent. 14 to the City Conncil regarding an 17 Development Plan for 18 co~mnonly as 3303 generally 19 located on the 20 approximately 1,100 Road and Colorado 21 Boulevard intersectic is within a 22 Regional Cen District. 23 The development the r~uiremcnts of Subchap~er 13 of Development Code. A medical office is proposed. Mr. PLANNING AND ZONING COMMISSION Reichhan. MR~ REICHHART: Thank you. This subject is just east of where we w~e just looking )r on Colorado, excuse me, east of Brinker. on the subject site. It is adjacent to existing Coffey's plastic surgeon -- that ~ed on the site The flicant is plan be allowed parking. proposed building, where the Code the street. And the buiidi~ parking lot as opposed to that the applicant is there's three of theau. portion of the site preserve. it' s the this. the building, k)uilding, be orien~d towards now towards the the street. The reasons this are, I believe, trees on the back applicant ; to to the building is his patients to be able to out, the building, park closer to the wrapped around the 'front like that. reason -- access will be through that exisfin There are shared accesses for it' s these parking lots. And the other site is akeady developed and it does have a ch'ire aisle and parking along i18 the road. You really can't see it. There's a lot of existing vegetation. So this drive aisle that's coming lines up with the existing drive aisle to his parking. The most to allow that parking same do know the applicant able to questions, and, any el' may have. approval of this. the Chair would be purposes. COMMI,~ approve and is that [MISSIONER ROY: Yes. He'd be I would answer is recormnending you, sir. Again, motion for discussion so moved. have a motion to Mr. Roy. Thank you. COMMISSIONER ROY: Would' that you're recommending? MR. REICHHART: Typically, the -- what we've done, any parking along any public road if the building is say up to the street, and then the or MAY 28, 2003 Page 5 - Page 8 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN FOR SALLY BEAUTY SERVICE CENTER, BEING AN APPROXIMATE 23.7 ACRE SITE GENERALLY LOCATED AT THE NORTHWEST ORNER OF BRINKER ROAD AND COLORADO BOULEVARD, PROVIDING FOR A SAVING CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP03-0006) WHEREAS, Donald L. Mills, as agent for Koll Development Co., the owner of an approximate 23.7 acre tract of land zoned Regional Center Commercial Neighborhood (RCC-N) and more particularly described in Exhibit "A", has made an application for approval of an alternative development plan under the Development Code regulations, a copy of which is attached hereto as Exhibit "A" and made a part hereof by reference (the "Alternative Development Plan"); and WHEREAS, on May 28, 2003, the Planning and Zoning Commission reviewed the Alternative Development Plan as required by law, and recommended approval of the requested Alternative Development Plan; and WHEREAS, the City Council finds that the Alternative Development Plan is consistent with the Comprehensive Plan; and, WHEREAS, the City Council f'mds that the Alternative Development Plan, with the conditions imposed herein, if any, meets the requirements of the Development Code; 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. SECTION 2. The Alternative Development Plan is hereby approved. 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. That this ordinance shall become effective fourteen (14) days fi:om 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, 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 ,2003. Page 1 of 2 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~ Page 2 of 2 Exhibit A AGENDA INFORMATION SHEET Planning and Zoning Staff Report AGENDA DATE: DEPARTMENT: CM/DCM/ACM: June 17, 2003 Planning Department Jon Fortune, Assistant City Manager SUBJECT - ADP03-0007:(3303 Colorado Boulevard) Consider an ordinance approving an Alternative Developmem Plan for approximately 0.92 acres, commonly known as 3303 Colorado Boulevard, generally located along the north side of Colorado Boulevard approximately 1,100 feet east of Brinker Road and Colorado Boulevard imersection. The subject property is within a Regional Cemer Commercial Neighborhood (RCC-N) zoning district. The purpose of the Alternative Developmem Plan is to deviate from the requiremems of Subchapter 13 of the Developmem Code. A medical office is proposed. The Planning and Zoning Commission recommends approval with conditions (6-0). (ADP03-0007, Quantum Family Medical) BACKGROUND Applicant: Filippo Masciarelli Denton, TX The purpose of alternative developmem plans is to provide a mechanism for those developmems that do not meet the site design standards as outlined in the Development Code; but nevertheless, meet or exceed the objectives of the DeNon Plan and Developmem Code. The applicam is proposing to vary from the site design standards concerning parking and building orientation. The applicant is proposing to locate a parking area between the street and the proposed office building. The Developmem Code requires parking areas to be located behind or to the sides of buildings (Section 35.13.13.4.A.8) and buildings to be oriemed toward the street rather than to parking areas (Section 35.13.13.4.A.4). OPTIONS 1. Approve 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION Planning and Zoning Commission recommends approval (6-0, Commissioner Apple absent) with the following conditions: 1. A three (3) foot high fence made of any combination of wrought iron, masonry, or stone must be located along the parking area located between the street and the proposed building. 2. A minimum ten (la) foot wide landscape area planted with one (1) large tree for every forty (ga) linear feet within the 1 a foot wide landscape area. ESTIMATED PROJECT SCHEDULE The subject property is platted. A building permit would be issued after the approval of the proposed alternative development plan. PRIOR ACTION/REVIEW The following is a chronology of ADP03-0007 commonly known as 3303 Colorado Boulevard: Final plat approved on July 14, 1999. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Photographs 4. Alternative Development Plan 5. Backup information from the Applicant 6. May 28, 2003 Planning and Zoning Commission Minutes 7. Draft Ordinance 8. Exhibit A Prepared by: el~ora Viera, AiCP Planner ii Respectfully submitted: Rei~ RLA, AiC firector of Planning and Development ATTACHMENT 1 Staff Analysis Summary of Alternative Development Plan Request The applicant is proposing to vary from the site design standards concerning parking and building orientation. The applicant is proposing to locate a parking area between the street and the proposed office building. The applicant is proposing 13 parking spaces and an area designated for future parking located between the street and the proposed office building. Existing Condition of Property Property History. February 20, 2002 - The subject property was placed in the Regional Center Commercial Neighborhood (RCC-N) by Ordinance 2002-040. Adjacent zoning. North: Regional Center Commercial Neighborhood (RCC-N) South: Regional Center Commercial Neighborhood (RCC-N) (across Colorado Boulevard) East: Regional Center Commercial-Neighborhood (RCC-N) West: Regional Center Commercial Neighborhood (RCC-N) Comprehensive Plan Analysis The subject site is located within a "Regional Mixed Use Center" future land use area. Regional Mixed Use Centers are intended to contain the shopping, services, recreation, employment and institutional facilities supported by and serving an entire region. A regional activity center could contain developments such as a regional shopping mall, big box retail, superstores, restaurant and entertainment facilities, a high school or community college, and high-density housing. "The quality of development, particularly commercial development along the city's corridors, is a significant factor in the quality of neighborhoods, the urban environment, and the sustainability of structures. Adequate publicfacilities shall be a criterion by which zoning is granted." (p. 42) "I?isual quality objectives and a healthy business climate should not be considered mutually exclusive. Urban design concepts should be incorporated into private developmentplans early into the review process." (p. 61) The Denton Plan clearly identifies the visual quality of commercial developments as an integral component of the site design process that could have a major impact on the urban environment. Special attention is given to parking lots in the Denton Plan. The proposed use and site design standards are compatible with surrounding land uses. Development Code/Zoning Analysis Section 35.13.5 (Alternative Development Plan) states, "An applicant may propose an Alternative Development Plan which meets or exceeds the design objectives of this Subchapter but does not meet the standards of this Subchapter. The Alternative Development Plan provides the option to address the design criteria through a flexible discretionary process reviewed by the City Council utilizing the Zoning Amendment Procedure process outlined in Subchapter 3." 3 Section 35.13.5.A. (listed below) ideNifies the criteria for approval of an Alternative Development Plan. 1. Preserve Existing Neighborhoods. The surrounding developmeN already has been developed with parking between the buildings and the street. 2. Assure quality development that fits in with the character of Denton. With the exception of the location of the parking spaces, the proposed developmeN meets the criteria of the Development Code. 3. Focus new development to activity centers to curb strip development and urban sprawl. The site area has been subdivided into separate lots, of approximately 1 acre, primarily for medical related uses because of the close proximity of the DeNon Regional Medical CeNer and the accessibility to major thoroughfares. In a sense, the proposed medical office building will be part of the "medical activity ceNer" along Colorado Boulevard. 4. Ensure that infrastructure is capable of accommodating development prior to the development occurring. The infrastructure in the site area will be adequate to serve the proposed development. The applicaN has provided documeNation explaining the reasons for having the parking area located between the street and the proposed building. (AttachmeN 6) STAFF FINDINGS The proposed office building with parking located between the street and the building is consistent with the existing developmeN in the vicinity. STAFF RECOMMENDATION Staff recommends approval of ADP03-0007 with the following conditions: 3. A three (3) foot high fence made of any combination of wrought iron, masonry, or stone must be located along the parking area located between the street and the proposed building. 4. A minimum ten (10) foot wide landscape area planed with one (1) large tree for every forty (40) linear feet within the 10 foot wide landscape area. ATTACHMENT 2 Maps NORTH Location/Zoning Map Land Use Map Scale: None ATTACHMENT 3 Photographs ATTACHMENT 4 Proposed Site Plan ATTACHMEN 5 4 5 6 7 8 9 10 1t 12 I3 t4 15 16 t7 18 19 20 21 2 3 6 7 8 9 10 1 6 7 t8 19 20 21 22 23 24 25 Sally Dallas, Reichhart happy to COMMISSIONER POWELL: That's all right. your name and address, sir. MR. M~[LS: rm Don Mills. I'm with Cole ~ment Company. We're Company. Our address is 8411 ~ 700. The zip is 75225. And as very good job that we've proposed. untess there are {~ questions for the COMMISSIONER would you show me on specifically, what have. Road in Mr. :alternate have We'd be ~re there any Mr. Roy, in front of you ti]ere, don't want to MR. That we don't have? Y~. not I think I understand [ just it for sure. MR. MILLS: we are asking .b tile actually this rectangle here which is an center and this tract here, which is generally to the north, which is undeveloped, and an unknown use at this point. So those are file areas we are asking not to CondenseltTM to. it is noted we are providing 'an connectivity via sidewalk. We're joini for with a akeady Brinker : and intersection of And then and run a sidewalk all the way to o property line here for future connection itc is developed. Thank Any ~hcant? Thank you very much, sir. Anymore discussion amen I will call for a vote. Passes 6-0, with one Pa Item No. 5, consider making a recommendation to tile City Council regarding an Alternative Development Plan for approximately .92 acres connnonty known as 3303 Colorado Boulevard, generally located on the north side of Colorado Boulevard approximately 1,100 feet east of Brinker Road and Colorado Boulevard intersect/on. The subject property is within a Regional Center Commercial Neighborhood Zoning District. The purpose of the alternative development plan is to deviate from the ivxtuirements of Subchapter 13 of the Development Code. A medical office is proposed. Mr. Page 7 1 Reich_hart. 2 Mk. ~Em~n/mT: Thank you. This subject 3 site is just east of where we were just looking on Brinker 4 Road or on Colorado, excuse me, east of Brinker. And it' s 5 identified on the subject site. It is adjacent to the 6 existing lh'. Coffey's plastic surgeon -- surgery office, 7 that it akeady developed on the site adjacent to this. 8 The applicant is requesting that the site 9 plan be allowed to have parking. Here's the building, 10 proposed building, have parking in front of the building, 11 where the Code requires the building be oriented towards 12 tile street. And file building is oriented now towards the 13 parking tot as opposed to towards the street. The reasons 14 that file applicant is proposing to do this are, I believe, 15 there's tkree of them, There's existing trees on the hack t 6 portion of the site that the applicant is trying ~o 17 preserve. 18 The access to the building is more t9 convenient for his patients to be able to get in and out, 20 it's closer to the building, park closer to the door with 21 tile parking wrapped around the front like that. And maybe 22 the main reason -- access will be through that existing 23 doctor's office entry. There are shared accesses for 24 these parking lots. And the other site is akeacly 25 developed and it does have a di'ive aisle and parking along Page 8 1 the road. You really can't see it. There's a lot of 2 vegetation, existing vegetation. 3 So this drive aisle that's coming throu~ 4 the site lines up with the existing drive aisle in order 5 to utilize his parking. The most efficient use of the 6 site would be to allow that parking to continue along that 7 same access, t do know the applicant is here. He'd be 8 able to answer any questions, and, again, I would answer 9 any questions that you may have, Staff is recommending 10 approval of this. 1 CAPTAIN POWELL: Thank you, sir. Again, the Chair would be looking for a motion for discussion 13 purposes. 14 COMMISSIONER HOLT: So rnoved. 15 COMMISSIONER ROY: second. 16 COMMISSIONER POWELL: We have a motion to 17 approve and a second; is that correct? 18 COMMISSIONER ROY: Yes. 19 COMMISSIONER POWELL: Okay. Discussion or 20 questions? Mr. Roy. Thank you. 21 COMMISSIONER ROY: would you expkain your 22 conditions that you're recommending? 23 MR. REICHHART: Typically, the -- what 24 we've done, any parking along any public road whether -- 25 if the building is say up to the street, and then the PLANN1NG AND ZONING COMMISSION MAY 28, 2003 Page 5 ~ Page 8 CondenseltTM Page 9 I parking is on the side of the street, the parking lots are 2 typically required to have a three-foot screen fence or 3 wall to screen that parking still from the public 4 right-of-way. And then that landscape -- they are 5 proposing a landscape buffer anyways, but it's per the 6 site plan. And this is what they'd have to build. The 7 question, I guess, would be, is would we want to continue 8 a fence in that area to screen the parking or use the 9 existing vegetation or require landscaping to do that? 10 But, typically, parking is requked to be 11 screened if it' s adjacent to a public right-of-way with 12 that -- a three-foot wall, whether it be wrought iron or 13 brick, 14 COMMISSIONER ROY: I think I understand 15 about Item.2, the landscape area is where your arrow is 16 there now. 17 MR. REICHHART: Right across the frontage 18 here. 19 COMMISSIONER ROY: Yes. Now, where would 2O 21 22 23 24 25 this three-foot high fence be? MR. REICHHART: It would be within -- within that landscaped buffer? COMMISSIONER ROY: Oh, I see, MR. REICHHART: ACroSS the front -- or Page 1 t 1 'continue the same parking scheme or come up with sometlfing 2 different. 3 MR. RE[CHHART: Mr. Johnson. 4 COMMISSIONER JOHNSON: The threc-foot high 5 fence, none of the other buildings along Colorado have any 6 sort of fencing, right? 7 Ma. REICHHART: NO, they do not. 8 Typically, there's landscaping. 9 COMMiSSiONER JOHNSON: SO this will be 10 atypical for the buildings along that road, right? 11 MR. REtCaHA~T: Right. t2 COMMISSIONER POWELL: Mr. Johnson, if i 13 might. I'm going to give the applicant a chance to speak, 14 and maybe you could ask that of him or h~r. If there is 15 no other questions now, I'll ask the applicant if hc would 16 come forward, give us his name and address. 17 MR. MASCIARELLI: My name is Fil 18 Masciarelli. My address is 106 Sunset Circle in Shady 19 Shores. That's my home address. 20 21 i22 23 24 well, across in front of the parking, And it's to provide COMMISSIONER POWELL: Thank you very much, sir. If you'd like to answex- questions, we have one from Mr. Johnson, I think. COMMISSIONER JOHNSON: well, my only concern or my only question was with the fence across the Page 10 f some visual screening to the parking lot. 2 COMMISSIONER ROY: Thank you. 3 COMMISSIONER POWELL: Mr. -- excuse me, Ms. 4 Vicky Holt. 5 COMMISSIONER HOLT: Mr. Reichhart, when was 6 this -- this one came in under the new Code, but Dr. 7 Coffey's office was under the old Code, and that's why the 8 parking is in the front of the building and not the back? 9 MR. REICHHg~T: That is correct. 10 COMMISSIONER HOLT: SO this is just to t 1 continue that same thing? 12 MR. REICHHART: Right. 13 COMMISSIONER HOLT: DO all of those offices 14 along there have the parking in front? I mean: is that 15 going to -- eventually they'll all connect up? 16 MR. REICHHART: If I can go back to the 17 previous slide, there will only be one additional building 18 on this parcel right here. These three will connect, and 19 I believe there's going to be another access road, 20 driveway, if you will, on this parcel. Then there's this 21 intervening parcel in between these sites, 22 So we're really talking this [s the 23 existing site. Here's what we're talking about, so it 24 would be one more site that potentially could come in 25 depending on their site design again, they may want to 25 front, the three-foot high fence will make this [ct and Page 12 1 this building not consistent with the other developments 2 along the street; is that a problem for you? 3 MR. MASCIARELLI: Not for me. If that's 4 what you require, we'll certainly do that. That wasn't my 5 suggestion. It was a suggestion that was made by the 6 group that looked at our plans. If that's what we 7 require, we'll certainly abide by that. 8 COMMISSIONER POJvVELL: Then I have a 9 question of Mr. Reichhart. Does he mean that staff 10 requested that fence? 11 MR. REICHHART: Yes, s~r. 12 COMMISSIONER POWELL: And could you give us 13 a handle on why? 14 MR. REICHHART: We did recommend that the 15 fence be put in their because -- and that is a requirement 16 of the Code right now, that if you're -- if it's a new 17 area. If you're coming in with a fresh site, and you have 18 any parking adjacent to the right-of-way, you need a 19 ten-foot landscape buffer, and that three-foot high fence 20 made out of wrought iron, stone, masonry or anything like 21 that. 22 And it is to provide visual screening and 23 break up the parking lots. If -- you know, if the 24 character of the area doesn't warrant that, I mean, it is 25 your discretion to say you would rather leave -- I mean, PLANNING AND ZONING COMMISSION MAY 28,2003 Page 9 - Page 12 CondcnscltTM Page 13' 1 try to preserve natural vegetation and supplement it with 2 existing vegetation -- or new vegetaL/on, that's fine. 3 COMMISSIONER POWELL: SO, again, this would 4 come about because the property next door was under the 4 5 old plan. This is under the new plan. And this is where 5 6 this fence is coming from? 6 7 MR. REICHHART: Yes, sir. 7 8 COMMISSIONER POWELL: Thank you. Any other 8 9 questions of the applicant? Thank you very much, sir. At 9 10 this stage, we have a motion to approve as applied for and 10 11 a second. Any discussion? Mr. Mulroy. 1 12 COMMISSIONER MULROY: Y¢8, sir. Mr. 2 13 Chairman, could I ask that that motion be clarified? I 13 14 didn't it hear if it contained the two conditions or not. 14 15 It did contain both conditions? Okay. Thank you. 15 16 COMMISSIONER POWELL: we'll clarify it that 16 17 the motion contains the two conditions. 17 t 8 COMMISSIONER MULROY: Thank you. 18 t9 COMMISSIONER POWELL; And the second -- 19 20 where did the second come from? Is that all right, sir? 20 21 COMMISSIONER ROY: Yes. 21 22 COMMISSIONER POWELL: seeing no other 23 questions or discussion, I will call for a vote on Item 2,1 No. 5 -- I'm sorry. I'm not going to call for that vote, 25 yet. I apologize. There's a Shelly Hattan, I believe Page 14 it's Hattan. Did you want to speak on this or some other motion? MR, HA]TAN: Iterft 8. COMMISSIONER POWELL: II~lll 8, thank yon very much and I apologize and now I'll call for a vote. And thank you. very much. This motion passes 6-0, one person being absent. 1 2 3 14 15 16 17 18 19 2O 21 :22 to the Cit3' Council regarding an exaction variance of :lion 35.20.2 of the Code of Ordinance concerning with sm*rounding streets and connecfiv maximmn cai-de-sac lcn n-oxirnatety 11.5 acre~ ~s located side of t which is also known as Farrr on both sides of Regency Oaks Drive is ~orhood Residential 2 Zoning District. Single proposed. Again, this is an item consideration. The Chairman would :late a ~e can discuss tiffs. I apologize, know, I~m new at this. . SNYDER: May I make a st COMMISSIONqSR POWELL: Yeah, MR. SNYDER: The motion probably ought al[er you've gotten all of the public iaput. I realize i~'s not a public hearing. And -- COMMISSIONER POWELL:' That's where I was because it wasn't a pubhc hearing. But if it's tsing a problem -- the motion to P~ MR. SNYDER: well, because really until the input, you might not k what ts supposed to be, whm you your 'Pll curtail Sir, please, give m your input. apologize. ' 1st roaring Good evening, Ma-. and gentlemen of the Cornmission, Bud :ineering. You have before you a request by IVn-. Allen applicant fbr this property mpresentin~ of the Regency )lied for a full exaction concern: ination with surrounding connectivity as well The developer is proposing to redo ins in such a manner as to redo the property get approximately four additional lots area. As such, they have to replat. In that, they are then -- fall under the new Code, which has a maximum cut-de-sac length requirement of 600 feet for properties 4 5 6 7 8 9 10 1 2 13 14 15 16 17 18 19 20 21 that have frontages that are 100 feet or greater on the This cul-de-sac is approximately 1,400 Club to its end. The second component is the new connectivity whenever a property to point out that although to the south, there is a does inhibit thc i have to be would for a this area, centralized. It other, this would still be in would still provide concludes staff' s The applic~ might have. nO reason area in side or the the cul-de-sac of the Code, but it And with that, that for any questions you Staff 'd ask the applicant to come And, Mr. you'd hang out for questions, have your name sir? Yes, sir. is Allen work for Greg Edwards Services, 16: Court, Ponder. I'll go like to mess around. You guys know z is. It's right here. Ryan Road is down It's about six-tenths of a mile or more. Hobson is two-tenths north of it. This is the plat. Bud showed Page 13 - Page 16 PLANNING AND ZONING COMMISSION MAY 28, 2003 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN FOR 3303 COLORADO BOULEVARD, BEING AN APPROXIMATE 0.92 ACRE SITE LOCATED ON THE NORTH SDE OF COLORADO BOULEVARD APPROXIMATELY 1,100 FEET EAST OF BRINKER ROAD LEGALLY DESCRIBED AS LOT 2 BLOCK B OF THE DENTON REGIONAL MEDICAL CENTER SUBDIVISION, PROVIDING FOR A SAVING CLAUSE; PROVIDING FOR A PENALTY IN THE M_AXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP03~0007) WHEREAS, Filippo Masciarelli, the owner of an approximate 0.92 acre tract of land zoned Regional Center Commercial Neighborhood (RCC-N) and legally described as Lot 2 Block 1 of the Denton Regional Medical Center subdivision, has made an apphcation for approval of an alternative development plan under the Development Code regulations, a copy of which is attached hereto as Exhibit "A" and made a part hereof by reference (the "Altemative Development Plan'); and WHEREAS, on May 28, 2003, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested Alternative Development Plan; and WHEREAS, the City Council finds that the Alternative Development Plan is consistent with the Comprehensive Plan; and, WHEREAS, the City Council finds that the Alternative Development Plan, with the conditions imposed herein, if any, meets the requirements of the Development Code; 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 referenc. SECTION 2. The Alternative Development Plan is hereby approved with the following conditions: 1. A three (3) foot high fence made of any combination of wrought iron, masonry, or stone must be located along the parking area located between the street and the proposed building. 2. A minimum ten (10) foot wide landscape area planted with one (1) large tree for every forty (40) linear feet within the 10 foot wide landscape area. 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. Anyperson violating any provision of this ordinance shall, upon conviction, be fmed a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall Page 1 of 2 constitute a separate and distinct offense. SECTION 4. This ordinance shall become effective fourteen (14) days fi.om 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, 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 ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 of 2 LOT 1 BLOCK I DENTON MEDICAL CENTER ADDI' CABINET 0 LOT 2 BLO.CK .1 DENTON MEDICAL LANDSCAPE PLAN CENTE~, LOT :3 BLK 1 DENTON MED. CENTER AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET June 17, 2003 Utility Administration Howard Martin, Utilities 349-8232 ~ SUBJECT Consider approval of an ordinance of the City Council of the City of Denton, Texas calling an election to be held in the City of Denton, Texas, on September 13, 2003, for the purpose of determining whether to adopt an additional sales and use tax of one-eighth of one percent to be used for maintenance and repair of municipal streets; making provisions for the conduct thereof; providing for a repealer; providing an open meetings clause; and providing an effective date. BACKGROUND The Denton City Council has been evaluating various funding options for the street maintenance program. The prevalent funding option under consideration is to utilize the provisions of Chapter 327 of the Texas Tax Code, which would allow Denton to collect a sales and use tax for maintenance and repair of municipal streets. These provisions require that the collection and use of sales tax for street maintenance funding must be approved by the voters in an election and would remain in effect for a four-year period of time. Denton currently has the capability of collecting up to a maximum one-half of one percent from local sales tax as a funding mechanism. Denton may lawfully collect one-eight or one-fourth of one percent as a sales tat that provides for maintenance and repair ofmunicipai streets. Subsequent discussions of the issues resulted in City Council direction to develop a proposition to utilize s ales t ax a s a funding mechanism for a street maintenance program a nd submit t he proposition to the Denton voters for consideration. The proposition would seek voter approval of a local sales and use tax in the City ofD enton at the rate of one-eighth of one percent to provide revenue for maintenance and repair of municipal streets. If approved by the voters, the projected sales tax would generate approximately $1.3 million per year for a period of four years. If approved by the Denton City Council, the voters will consider the proposed proposition in a called election on September 13, 2003. RECOMMENDATION Staff recommends approval of an ordinance calling an election on September 13, 2003, for the purpose of determining whether to adopt an additional sales and use tax of one-eighth of one percent to be used for maintenance and repair of municipal streets. The proposed proposition will be considered in an election to be held on Saturday, September 13, 2003, which is established by the Election Code as a uniform election date. This date was the first available uniform election date and was also chosen to coincide with other elections to be held in Denton County. PRIOR ACTION/REVIEW (Council~ Boards, Commissions), At the August 13, 2002, Long Range Planning Meeting of the Denton City Council, staff presented a white paper on "Street Maintenance and Pavement Management Systems". This report discussed the maintenance and reconstruction needs of the Denton roadway system. The conclusions of the report were as follows: · At Denton's current street maintenance budgets, Denton streets will deteriorate at a rate faster than can be maintained at a sustainable level. An increase in the materials budget for streets will reduce the cost of deferred maintenance of the street network over time, thus saving the city millions of dollars in reconstruction costs as pavement life is increased. Increased efficiency in prioritization of roads will be made through the updating of inventory and condition assessment databases and their application into an organized decision making tool. Monitoring and inspection of newly constructed roads and the protection of recently rehabilitated and reconstructed roads from utility cuts should be conducted through adequate regulation oversight. The report identified approximately $5.3 million per year that would be needed to reverse the rate of deterioration. If materials budgets remained at current funding levels, the amount of deferred maintenance of the road network could be a shortfall of $3.8 million per year. By deferring costs of maintenance to the point where the City replaced streets as they reached their design life, estimated street repair costs could increase to $11-$12 million per year. EXHIBITS 1. Ordinance 2. Amended Texas Tax Code provisions Respectfully submitted: Howard Martin Assistant City Manager/Utilities ORDINANCE NO. 2003- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CALLING AN ELECTION T O B E H ELD IN T HE CITY OF DENTON, T EX_AS, ON SEPTEMBER 1 3, 2003, FOR THE PURPOSE OF DETERMINING WHETHER TO ADOPT AN ADDITIONAL SALES AND USE TAX OF ONE-EIGHTH OF ONE PERCENT TO BE USED FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS; MAKING PROVISIONS FOR THE CONDUCT THEREOF; PROVIDING FOR A REPEALER; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas hereby finds and determines that an election should be held to determine whether the City Council shall be authorized to levy and collect a sales and use tax within the City of Denton, Texas under the provisions of Chapter 327, Texas Tax Code, as amended, for the maintenance and repair of municipal streets; and WHEREAS, in accordance with the requirements of law, the combined rate of all local sales and use taxes imposed by the City of Denton, Texas will not exceed two (2) percent; and WHEREAS, the City of Denton, Texas is a municipality qualified to call such election; and WHEREAS, it has been determined by a majority vote of the City Council of the City of Denton, Texas, that an election should be held for the purpose of determining whether an additional tax may be adopted; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That a municipal election is ordered to be held in the City of Denton, Texas, on Saturday, September 13, 2003, which date represents the first authorized election date prescribed by the Texas Election Code that allows sufficient time to comply with other requirements of law and that occurs on or after the 45th day after the date this ordinance calling the election is adopted; such date being a uniform election date as defined in Texas Election Code §41.001(a)(3) as amended, for the purpose of submitting the following proposition to the voters of the City of Denton, Texas on the 13th day of September, 2003: "THE ADOPTION OF A LOCAL SALES AND USE TAX IN THE CITY OF DENTON, TEXAS AT THE RATE OF ONE-EIGHTH OF ONE PERCENT TO PROVIDE REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS." FOR AGAINST EXHIBIT 1 SECTION 2. All resident, qualified voters of the City shall be eligible to vote at the election. SECTION 3. Said election shall be held under the provisions of the Charter of the City of Denton, Texas, the Constitution and laws of the State of Texas, and the Voting Rights Act of 1965, as amended, insofar as the same are applicable. SECTION 4. That the manner of holding such election and all questions pertaining thereto shall be govemed by the election laws of the State of Texas. SECTION 5. That the City Council of the City of Denton, Texas may contract with Denton County, Texas to conduct the election in accordance with the City Charter of the City of Denton, Texas, the Texas Election Code, and other applicable laws of the State of Texas for holding elections. If necessary, the City Council will enact an additional ordinance designating voting places, appointing election officials, providing for early voting, providing for bilingual notice of the election, ordering that an electronic voting system be used, and providing other provisions for the conduct of the election. SECTION 6. That if any provision of this ordinance, or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this ordinance would have been enacted without such invalid provision. SECTION 7. That all ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this ordinance are hereby repealed to the extent of such conflict, and the provisions of this ordinance shall be and remain controlling as to the matters ordained herein. SECTION 8. That it is hereby officially found, determined, and declared that the meeting at which this ordinance is passed was open to the public as required by law, and that public notice of the time, place, and purpose of said meeting was given as required by the Texas Open Meetings Act, as amended, Texas Government Code, Chapter 551, and that a quorum of the City Council was present. SECTION 9. That this ordinance shall become effective immediately upon its passage and approval. PRESENTED AND PASSED on the 17th day of June, 2003, at a regular meeting of the City Council of the City of Denton, Texas, by a vote of__ ayes and __ nays. PASSED AND APPROVED this the 17th day of June, 2003. EULINE BROCK, MAYOR 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: S:\Our Documents\Ordinances\03\Elecfion Ordinance-Street Maintenance & Repair-2003-2.do¢ 3 , 78(R) FiB 164 - Enrolled version - Bill Text Page 1 of 3 H.Bo AN ACT relating to the rates at which the municipal sales and use tax for street maintenance may be imposed. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 327.003(b) and (c), Tax Code, are amended to read as follows: (b) A municipality may not adopt a tax under this chapter or increase the rate of the tax if as a result of the adoption of the tax or the increase in the rate of the tax the combined rate of all sales and use taxes imposed by the municipality and other political subdivisions of this state having territory in the municipality. would exceed two percent at any location in the municipality. (c) If the voters of a municipality approve the adoption of the tax or the increase in the rate of the tax at an election held on the same election date on which another political subdivision adopts a sales and use tax or approves the increase in the rate of its sales and use tax and as a result the combined rate of all sales and use taxes imposed by the municipality and other political subdivisions of this state having territory in the municipality would exceed two percent at any location in the municipality, the election to adopt a sales and use tax under this chapter has no effect. SECTION 2. Section 327.004, Tax Code, is amended to read as follows: Sec. 327.004. TAX RATE. The [r~t~ cf thc] tax authorized by this chapter may be imposed at the rate of one-eiqhth of one percent or [~] one-fourth of one percent. SECTION 3. Section 327.005(a), Tax Code, is amended to read as follows: (a) The adoption of the tax or the chanqe in the rate of the tax takes effect on the first day of the first calendar quarter occurring after the expiration of the first complete calendar quarter occurring after the date on which the comptroller receives notice of the results of the election. SECTION 4. Section 327.006(b), Tax Code, is amended to read as follows: (b) At an election to adopt the tax, the ballot shall be prepared to permit voting for or against the proposition: "The adoption of a local sales and use tax in (name of municipality) at EXHIBIT 2 7~(R) HB 164 - Enrolled version - Bill Text Page 2 of 3 the rate of (insert one-eiGhth of one percent or one-fourth of one percent) lone-fourth cf one percent] to provide revenue for maintenance and repair of municipal streets." SECTION 5. Chapter 327, Tax Code, is amended by adding Section 327.0065 to read as follows: Sec. 327.0065. RATE CHANGE. (a) A municipality that has adopted a sales and use tax under this chapter at a rate of one-fourth of one percent may by ordinance decrease the rate of the tax to one-eighth of one percent. (b) A municipality that has adopted a sales and use tax under this chapter at a rate of one-eighth of one percent maV bV ordinance increase the rate of the tax to one-fourth of one percent if the increase is authorized at an election held in the municipality. (c) The ballot for an election to increase the tax shall be printed to permit voting for or against the p~oposition: "The adoption of a local sales and use tax in (name of municipa!itv) at the rate of one-fourth of one percent to provide revenue for maintenance and repair of municipal streets." SECTION 6. Section 327.007(b), Tax Code, is amended to read as follows: (b) An election to reauthorize the tax is called and held in the same manner as an election to adopt the tax under Section 327.006, except the ballot proposition shall be prepared to permit voting for or against the proposition: "The reauthorization of the local sales and use tax in (name of municipality) at the rate of (insert appropriate rate) [cnc-fcurth cf cnc ~c~.c~nt] to continue providing revenue for maintenance and repair of municipal streets." SECTION 7. This Act takes effect immediately if it receiVes a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003. President of the Senate Speaker of th I certify that H.B. No. 164 was passed by the House on March 31, 2003, by the following vote: Yeas 148, Nays 0, 1 present, not voting. Chief Clerk of th i certify that H.B. No. 164 was passed by the Senate on May 27, 2003, by the following vote: Yeas 31, Nays 0. 7~ (R) I-lB 164 - Enrolled version - Bill Text Page 3 of 3 APPROVED: Date Governor Secretary of the