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HomeMy WebLinkAboutJune 15, 2004 Agenda AGENDA CITY OF DENTON CITY COUNCIL June 15, 2004 After determining that a quorum is presem, the City Council of the City of DeNon, Texas will convene in a Work Session on Tuesday, June 15, 2004 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: 1. Receive a report, hold a discussion and give staff direction regarding way-finding signs. 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 15, 2004. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Governmem Code, as amended, as set forth below. 1. Closed Meeting: Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Consider and discuss with City's attorneys the issues, valuation, potemial settlement, and status of litigation styled Robert Ortegren and Eva Marie Hennicke, Individually and as Next Friends of Ariana N. Ortegren, a Minor Child, and on Behalf of the Statutory Beneficiaries of Robert T. Ortegren, Deceased, Cause No. 2002-30205-211, curremly pending in the 21 lth District Court, Denton County, Texas. Consider and discuss with City's attorneys the issues, valuation, potemial settlement, and status of litigation styled Patrick Robinson v. City of Denton, Denton County, Donaciano Camargo & Kansas City Southern Railway Co., Cause No. 2003-60130-393, curremly pending in the 211th District Court, Denton County, Texas. Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072 and Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Deliberate the purchase and value of real property imerests for an approximate 0.593 acre public utility easemem and an approximate 0.870 acre temporary construction easement both being located in the M.E.P. & P. R.R. Survey, Abstract No. 927 in the City and County of Denton, Texas, east side of State Highway Loop 288, south of the 7-11 Loop 288 City of Demon City Council Agenda June 15, 2004 Page 2 Addition, north of Pecan Creek; which acquisition is for a public purpose. Receive legal advice from the City Attorney or his staff concerning legal issues regarding the acquisition and/or condemnation of such real property imerests. (Loop 288 Utility Relocation Project) Co Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Discuss and consider legal issues concerning Charter Communications d/b/a Marcus Cable Associates, L.L.C, ("Charter") concerning the settlement of the Notice to Charter of Customer Service Violations and assessment of Liquidated Damages where to discuss these legal issues concerning the above stated matters with the attorneys in public would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas and would jeopardize the City's position in administrative proceedings or in potential litigation. 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 Demon City Council on Tuesday, June 15, 2004 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. PLEDGE OF ALLEGIANCE mo U.S. Flag Texas Flag "Honor the Texas Flag - i pledge allegiance to thee, Texas, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS mo Proclamations/Awards June Yard-of-the-Month Awards Recognition of staff accomplishments City of DeNon City Council Agenda June 15, 2004 Page 3 3. CITIZENS REPORTS mo Receive citizen reports from the following: 1. Willie Hudspeth regarding minority hiring and the tree ordinance. 2. Bob Clifton regarding apartment development at TWU. 3. A representative of the 'Neighbors of TWU' regarding apartment development at TWU. 4. Pam Brewer regarding amending the City ordinance pertaining to animal comrol in areas zoned industrial. 5. Dessie Goodson regarding responsibility and "the shoe is on the other foot". 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-L). This listing is provided on the Consem Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consem Agenda. If no items are pulled, Consent Agenda Items A-L 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. A. Consider approval of the minutes of May 4, May 11, May 18, and May 25, 2004. Bo Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of Wood Utility Poles for DeNon Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3158 - Wood Utility Poles awarded to the lowest responsible bidder for each item in the estimated amoum of $210,000). Co Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of Corrugated Metal Pipe for the Street Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3171 - Annual Contract for Corrugated Metal Pipe awarded to Contech Construction Products, Inc. in the estimated amount of $40,000). Do Consider adoption of an ordinance accepting competitive bids and awarding a public works comract for Wet, Dry, and Auger Boring services for various City departmems; providing for the expenditure of funds therefor; and providing an effective date (Bid 3156 - Wet, Dry, and Auger Boring awarded to C&C Directional Boring in the estimated amoum of $250,000). mo Consider adoption of an ordinance accepting competitive bids and awarding a comract for the purchase of a loader backhoe with extendable dipper boom for the City of DeNon City Council Agenda June 15, 2004 Page 4 Electric Distribution Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3174 - Loader Backhoe with Extendable Dipper Boom awarded to Continental Equipment Company L.P. in the amount of $60,150). Consider adoption of an ordinance of the City of DeNon, Texas, graining, pursuam to Section 20-1 (e)(1) b of the Code of Ordinances of the City of DeNon, Texas, an exception to the limitations imposed by that section with respect to sound levels and hours of operations for an outdoor music festival; and providing an effective date. (North Texas State Fair Association Three Year Agreement) Consider a request for an exception to the Noise Ordinance for the purpose of the Apollo Nights Series on Sunday, June 20th, Sunday, June 27th, Sunday, July 4th, July 11th, July 18th, and July 25th at Fred Moore Park, from 6:00 p.m. to 10:00 p.m. The requestor is specifically asking for an exception to all dates to allow live music on Sunday. Consider adoption of an ordinance of the City of DeNon, Texas authorizing the City Manager to execute a Professional Services Agreement with R. W. Beck, Incorporated, Austin, Texas, for consulting services pertaining to the Preparation of a Solid Waste Cost of Service Analysis and Rate Design; authorizing the expenditure of funds therefor; and providing an effective date. Consider adoption of an ordinance of the City of DeNon authorizing the City Manager or his designee to execute Amendment No. 1 to an agreement (Contract No. 18-3XXH7002, CSJ: 0135-10-023) with TxDOT, in the amoum of $202,443.94, for the "furnishing and installing of traffic signal equipmem by a municipality" as it relates to various traffic control signal components for the construction of US 380/University Dr. between Elm St. and Loop 288. 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 0.593 acre public utility easemem and an approximate 0.870 acre temporary construction easement both of which are out of a parcel or tract of land described in that certain deed to Dana J. Beavers as recorded in Volume 3373, Page 10 of the Real Property Records of Denton County, being located in the M.E.P. & P.R.R. Survey, Abstract No. 927 in Denton County, Texas and being part of a tract or parcel of land owned by Dana J. Beavers, 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; authorizing the City Attorney to institute legal action to obtain a court order to emer upon the subject property to perform a survey; and declaring an effective date. Consider approval of a resolution of the City of DeNon, Texas, approving the 2005 Budget of the Denton Central Appraisal District; and declaring an effective date. City of DeNon City Council Agenda June 15, 2004 Page 5 Lo Consider the approval of an ordinance authorizing the advertisemeN for bids for the sub-surface mineral interest of the City of Denton Water/Reclamation Landfill site approximately 978 acres of and for an Oil and Gas lease; and providing an effective date. 5. PUBLIC HEARINGS mo Hold a public hearing and consider adoption of an ordinance rezoning approximately 3.6 acres from a Neighborhood ResideNial 2 (NR-2) zoning district to a Neighborhood ResideNial 3 (NR-3) zoning district with an overlay district. The overlay district will restrict the number of lots to 8, reduce side yard setback to 4 feet, convert lot coverage to 60%, and landscape coverage to 40%. The proposed site is generally located on the southeast corner of Santa Monica Drive and E1 Paseo. The Planning and Zoning Commission recommends approval (5-1). (Z04-0018, Shadowbrook Villas) Bo Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 13.07 acres, consisting of approximately 1.27 acres from a EmploymeN CeNer Commercial (EC-C) zoning district to a Neighborhood ResideNial 6 (NR-6) zoning district; approximately 0.82 acres from a Neighborhood ResideNial 2 (NR-2) zoning district to a EmploymeN CeNer Commercial (EC-C) zoning district; approximately 4.5 acres from a Neighborhood ResideNial 2 (NR-2) zoning district to a Neighborhood ResideNial 4 (NR-4) zoning district; and approximately 6.4 acres from a Neighborhood ResideNial 2 (NR-2) zoning district to a Neighborhood ResideNial 6 (NR-6) zoning district. The property is located approximately 450 feet north of BeN Creek Drive, approximately 100 feet east of Forth Worth Drive, on the west side CouNry Club Road. The Planning and Zoning Commission recommends approval (4-0). (Z04-0016, Central Village Estates) 6. ITEMS FOR INDIVIDUAL CONSIDERATION mo Consider adoption of an ordinance amending the DeNon City Code by adding Article VII, entitled "Storm Water and Detention Facility Improvements"; regulating the construction of storm water drain lines, channels and detention facilities; providing for pro rata charges; providing a method of reimbursement to the developer or to the City by pro rata payments; establishing administrative fees; providing a method of enforcing paymeN of pro rata charges; renumbering Article VII to Article VIII Uniform regulations to govern the use and occupancy of public rights-of-way by providers of electric service in the city; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; providing a severability clause, providing a penalty not to exceed $2000 for each day of violation hereof; and providing an effective date. Bo Consider an exaction variance of Section 35.19.4 (A)(5) of the Code of Ordinances concerning Drainage Standards. The 9.071-acre parcel is located on the North side of Wind River Lane just east of the Wind River Subdivision. A multi-screen movie theatre is proposed. The Planning & Zoning Commission recommends denial (4-2). (V04-O001 Cinemark Addition Drainage Variance) City of Demon City Council Agenda June 15, 2004 Page 6 Co Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of five refuse trucks for the Solid Waste Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3173 - Refuse Trucks awarded to the lowest responsible bidder for each item in the total amoum of $651,575). Do Consider approval of a resolution adopting the 2004 Lake Forest Park Master Plan of the City of Demon; and providing an effective date. mo Consider adoption of an ordinance authorizing the City Manager or his designee to execute a professional services agreement with Dunkin Sims, Stoffels, Inc. to provide design and developmem services for Lake Forest Park; authorizing the expenditure of funds therefor and providing an effective date (RFP 3176 in an amoum not to exceed of $62,100). Fo Consider adoption of an ordinance approving an amendment to an agreement between the City of Denton and McDonald Transit Associates, Inc. dated April 16, 2002, as amended, to provide for motor carrier passenger service and to extend such agreement through September 30, 2005; authorizing the expenditure of funds; and providing for an effective date. Go Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute an Interlocal Agreement between the City of Denton, the University of North Texas and McDonald Transit Associates, Inc. to provide for motor carrier passenger service for UNT studems, staff and faculty; and providing for an effective date. Ho Consider adoption of an ordinance authorizing the Mayor, or her designee, to execute an Interlocal Agreement between the City of Denton, the Dallas Area Rapid Transit System for the City's acquisition of buses to provide for motor carrier passenger service in Denton; authorizing the expenditure of funds; and providing for an effective date. Consider adoption of an ordinance of the City of Demon, Texas authorizing the City Manager, as Denton's authorized representative, to file and to make application for the following grants: "Control of Nonpoint Source Loads in the Hickory Creek Sub-basin of the Lake Lewisville Watershed as a componem of a Watershed-based Water Quality Trading Program" (The Section 319 Gram) and the expanded scope "Watershed Protection Plan for Hickory Creek Sub-Basin of the Lake Lewisville Watershed" through the Texas Commission on Environmental Quality, from the United States Environmental Protection Agency; as well as to take all other and further actions necessary and advisable to obtain such grant and the expansion thereto; further to comply with the project requirements of such grant and the expansion thereto; authorizing the City Manager to expend and to transfer funds as provided for in such gram, and providing an effective date. City of DeNon City Council Agenda June 15, 2004 Page 7 Consider adoption of an ordinance of the City of DeNon, Texas authorizing a confidential settlement agreement with Marcus Cable Associates, L.L.C., D/B/A Charter Communications; authorizing the City Manger and the City Attorney to act on the City's behalf in executing any and all documems necessary to effect such agreement; requesting Charter to collect a Public, Education and Governmem (PEG) fee, and to take such other actions deemed necessary to finalize the agreement; and declaring an effective date K. Consider approval of a nomination to the Historic Landmark Commission. 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 ,2004 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: June 15, 2004 Economic Development Mike Conduff, City Manager SUBJECT Receive a report, hold a discussion and give staff direction regarding wayfinding signs. BACKGROUND The need for wayfinding signs has been a topic of discussion at community meetings for many years now, and several efforts to design the perfect sign have been initiated but none have come to fruition. During the 1994-95 Vision for Denton meetings, it was determined that wayfinding and entranceway signs were needed to improve Denton's entranceways and to guide citizens and visitors to public facilities within Denton. A design for impressive entranceway markers was developed and funding was provided through the subsequent CIP. The Vision committee later learned that the cost to construct the entranceway signs was prohibitive. Instead, it was decided that the funds would be allocated for wayfinding signs. As it turned out, signage was also a high priority in the Raise-the-Bar citizen survey in 2000. Staff began working with the architect firm of Armstrong Berger to design a series of wayfinding signs, and in August of 2000 the design was presented to City Council. The firm attempted to mimic the theme of the entranceway marker, but the final product did not meet Council's approval. Staff was directed to modify the design and change the color scheme. The new design was too similar and still unacceptable. In January 2001, the Convention and Visitors Bureau held a one-day community forum where signage was again identified as a need. As a result of that meeting, a committee was formed to brainstorm and recommend an appropriate I ,. sign design. After a few sessions, the committee decided to recommend a stylized "D" for the logo on the signs. Before a formal recommendation could be formed, two things occurred: 1) Fregonese Calthorpe began the Downtown Master Plan, which also identified the need for ~ signage, and 2) it was at this point that the staff person ,~",i~ heading up this project left for the west coast, and the ~ ~ project was turned over to Economic Development. -1- Along came TIP Strategies and their recommendations for the formation of the Economic Development Partnership Board and four primary program areas, of which Downtown and Image & Marketing are two. Two separate task forces are working on these focus areas, and the Downtown Task Force is addressing wayfinding signage. This is perhaps a long-winded and convoluted way of saying that this has been a ten-year project with no resolution. Knowing that it will be another two years before the Image and Marketing Task Force will have a final image/branding product and corresponding logo to recommend, the Downtown Task Force suggests the City move forward with what they're calling "Plain Jane" wayfinding signs. In this way, the signs will not conflict with whatever theme the marketing campaign will promote and the needed signage can finally be installed. Planning and Engineering staff were enlisted to help on this project, and have developed a design, color-scheme and sign location map for Council's review. ESTIMATED SCHEDULE OF PROJECT A visual survey of all locations has not been completed. This involves staff physically walking/driving the proposed locations to ensure no sight barriers or other traffic signage prohibits the placement of the signs. If directed to proceed, staff will complete the visual survey and begin placement of the signs. The Downtown Task Force set a goal of October 2004 for sign installation. Signs on City right-of-way should be installed prior to October. To place signs on TxDOT right-of-way will require permission from TxDOT. The Task Force will develop a plan of action and present it to TxDOT. PRIOR ACTION/REVIEW The Downtown Task Force's recommendation was presented to the Economic Development Partnership (EDP) Board at the May 12, 2004 meeting. The EDP Board recommends approval 4-0. FISCAL INFORMATION Cost to make and install the signs will be funded through the CIP allocation. EXHIBITS Proposed Wayfinding Signs Wayfinding Sign Location Map Respectfully submitted: Linda Ratliff, Director Economic Development Department -2- Proposed Wayfinding Sign Design Example of Downtown Si na e 5'-10" I I Legend Vehicular Signs Street Centerline DT_Plan Points of Interest I~ City of Denton Facility Government Faoility ~ Museum ;~,¢~/~i ~,~:~ Recreation Wayfinding Sign Location Map AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: June 15, 2004 City Manager's Office Mike Conduff, City Manager SUBJECT Consider appointments to 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 15~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 complied list will be provided at a luncheon to be scheduled the week of July 12~h for Council to present and discuss nominations with ratification of the nominations at the July 21st meeting. The Board and Commission reception will be August 3rd with the swearing in ceremony being televised. Respectfully submitted: Jennifer Walters City Secretary CITY OF DENTON CITY COUNCIL MINUTES May 4, 2004 After determining that a quorum was presem, the City Council convened in a Special Called Meeting on Tuesday, May 4, 2004 at 11:00 a.m. in the City Council Chambers of City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Kamp, Montgomery, and Thomson. ABSENT: Council Members McNeill and Redmon. 1. The Council considered adoption of an ordinance authorizing the issuance, sale and delivery of City of Demon Certificates of Obligation Bonds, Series 2004, approving and authorizing instruments and procedures relating thereto; and providing an effective date. David Medanich, First Southwest Company, stated that bids had been received for the bonds and recommended that Council accept the bid from Dean Raucher Inc. with an interest rate of 4.617%. The following ordinance was considered: NO. 2004-128 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF CITY OF DENTON CERTIFICATES OF OBLIGATION BONDS, SERIES 2004, APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. Montgomery motioned, Thomson seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 2. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Demon General Obligation Refunding Bonds, Series 2004, and approving and authorizing instruments and procedures relating thereto; and providing an effective date. David Medanich, First Southwest Company, stated that due to the current market movement he would not recommend refunding at this time. With no further business, the meeting was adjourned at 11:10 a.m. After determining that a quorum was presem, the City Council convened in a Work Session on Tuesday, May 4, 2004 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, and Thomson. ABSENT: Council Member Redmon 1. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the meeting of May 4, 2004. City of DeNon City Council Minutes May 4, 2004 Page 2 Following the completion of the Work Session, the Council convened imo a Closed Session. 1. The following item was considered in Closed Meeting: Deliberations regarding real property - Under Texas Governmem Code §551.072 and Consultation with the City's Attorneys - Under Texas Government Code §551.071. Discussed and deliberated the potemial value of and the sale or lease or other disposition of numerous tracts of certain real property and appurtenances, thereto, consisting of street right-of-way all owned by the City of DeNon, Texas, being situated throughout the City of DeNon, Texas; relating to fiber optic operations both inside and outside the city limits of the City of Demon, Texas and the receipt of legal advice from the City's attorneys on matters in which their professional responsibility to the City Council regarding real estate matters requires private legal consultation. Regular Meeting of the City of Demon City Council on Tuesday, May 4, 2004 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 Mayor Brock presemed proclamations for: Demon High School Girl's Soccer Team Day Demon Main Street Week Drinking Water Week in Demon Demon Fire Fighters Association Week B. Recognition of staff accomplishmems City Manager Conduffpresemed staff accomplishmems to the Council. 3. CITIZENS REPORTS A. The Council received citizen reports from the following: 1. Christopher Largen regarding concerns about solicitors and itineram merchams ordinance. City of DeNon City Council Minutes May 4, 2004 Page 3 Mr. Largen was not present at the meeting. 2. Aron Frydberg regarding the sign ordinance. Mr. Frydberg presemed a sample of a sign that would fit imo a window of a business. One of the businesses that bought a sign received a ticket indicating that it was in violation of the sign ordinance. 3. Peternia Washington regarding issues pertaining to Southeast Denton. Ms. Washington presented a videotape regarding Dr. Martin Luther King, Jr. 4. Willie Hudspeth regarding minority hiring and the tree ordinance. Mr. Hudspeth again commented on the minority hiring in the Denton Fire Department. 5. Dessie Goodson regarding responsibility. Ms. Goodson presemed information on her currem situation and her legal problems. 6. Linnie McAdams regarding Denia area neighborhood. Ms. McAdams stated the Denia area neighborhood was concerned about the ingress and egress of their neighborhood and the relocation of highway ramps. They felt that the Council had failed the neighborhood in regards to the location of the ramps in their area. She asked that the Council contact TxDot regarding the schematic of the roadway and to include them in the planning. 4. CONSENT AGENDA Mayor Brock requested that Items 4F and 4G be pulled for separate consideration. Burroughs motioned, McNeill seconded to approve the Consem Agenda and accompanying ordinances with the exception of Items 4F and 4G. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. The Council considered Items 4F and 4G. Charles Fiedler, Director of Engineering, stated that these items were in coordination with TxDoT regarding U.S. 377 and the improvements to those streets. The one-way traffic patterns were not official until the city adopted the appropriate ordinances or until TxDot adopted the appropriate minute orders. Mayor motioned, Kamp seconded to approve Item 4F. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. City of DeNon City Council Minutes May 4, 2004 Page 4 Mayor motioned, Thomson seconded to approve Item 4G. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. A. Approved the minutes of April 2, 6, and 13, 2004. Bo 2004-129 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of trucking services for the City of Denton Street Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3157 -Annual Comract for Trucking Services awarded to Jagoe-Public Company in the estimated amoum of $56,000). Co 2004-130 - An ordinance approving the purchase of job order comracting by way of an interlocal Agreement with Denton County: providing for the expenditure of funds therefor: and providing an effective date (File 3166 - imerlocal Agreemem for Job Order Contracting with Denton County, contract awarded to Jamail Construction in the annual estimated amoum of $150,000). Do 2004-131 - An ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of a service 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 therefor; and providing an effective date (File 3167 - Service Truck with Aerial Device awarded to Altec industries, inc. in the amoum of $82,000). mo R2004-022 - 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 2004 ,4ction 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. Fo 2004-132 - An ordinance of the City of DeNon, Texas establishing one-way traffic on portions of Locust Street and Elm Street; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. Go 2004-133 - An ordinance of the City of DeNon, Texas rescinding portion of certain no parking ordinances regulating parking on Locust Street and Elm Street; prohibiting parking at any time on certain portions of Elm Street and Locust Street; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. Ho 2004-134 - An ordinance on second reading to volumarily annex 35.43 acres of land generally located north of Pockrus Page Road, west of Swisher Road, and south of Edwards Road in the southeastern section of the City of Denton's Extraterritorial Jurisdiction (ETJ). (The Planning and Zoning Commission recommended approval 6-0). Supermajority vote required for approval. (Villages of Carmel, ,403-0002) City of Denton City Council Minutes May 4, 2004 Page 5 2004-135 - An ordinance on second reading to volumarily annex 19.51 acres of land generally located north of Pockrus Page Road, east of Mayhill Road, and south of Edwards Road in the southeastern section of the City of Denton's Extraterritorial Jurisdiction (ETJ). (The Planning and Zoning Commission recommended approval 6-0). Supermajority vote required for approval. (Flowers Baking Company, ,403-0003) 2004-136 - An ordinance abandoning and vacating all rights retained in certain real property described in that certain quit claim deed dated November 22, 1977 from the City of Denton to the First Methodist Church of Denton, Texas recorded in Volume 864, Page 932 of the Real Property Records of DeNon County, Texas; and providing an effective date. Approved tax refunds for the following property taxes: Tax Name Reason Amount Year 2: Count~ide Tax Services Duplicate Payment 2003 858.29 4. First American R E Tax Service Duplicate Payment 2003 766.77 5S~ art i~ ~i~at Payment 2003 6: Wells Fa[go Duplicate Payment 2003 742.40 2004-137 - An ordinance of the City Council of the City of DeNon, Texas approving a further amendment to the contract for Water Treatment and Transmission Services - dated July 21, 1992, which comract was executed by and between the City of DeNon, Texas and the Upper Trinity Regional Water District respecting the sale of water on a wholesale basis to Sanger, Texas; which amended contract pertains to the sale of water on a wholesale basis from the City of DeNon, Texas to the Upper Trinity Regional Water District for an imerim period of time for the resale and delivery thereof to the City of Krum, Texas and for the participation of the City of Denton, Texas in the Krum transmission line to be constructed by Upper Trinity Regional Water District; authorizing the City Manager to execute said amendment to contract for water treatment and transmission services; authorizing the execution by the City Manager of any and all ancillary and further documents necessary to effect the terms of this ordinance; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (6-0). Grained an exaction variance of Section 35.20.2 (H. 1 .) of the Code of Ordinance concerning easemems and right of ways. The 0.58-acre parcel was located between Bernard Street and I.O.O.F Street, south of Highland Street. The property was in a Neighborhood Residemial (NR-2) zoning district. A single- family residence curremly existed. Multifamily was proposed. The Planning and Zoning Commission recommended approval of the variance (6-0). (Ivy Commons ROW, 1/04-0009) City of DeNon City Council Minutes May 4, 2004 Page 6 2004-138 An ordinance approving an amendmem to Recreation Program Agreemem between the City of Demon, Texas and Robson Demon Developmem, LP dated November 4, 2003; and providing an effective date. 5. PUBLIC HEARINGS A. The Council held the first of two public hearings to consider the volumary annexation and service plan for approximately 63.32 acres of land generally located west of Swisher Road, north of Edwards Road in the eastern section of the City of Demon Extraterritorial Jurisdiction (ET J). (Longhorn Development Annexation, A O4-OOOD Kelly Carpemer, Director of Planning and Developmem, presemed the details of the proposal. This was a volumary annexation for 63 acres located west of Swisher Road. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. No action was required on this item. B. The Council held a public hearing and considered adoption of an ordinance providing for approval of a Detailed Plan for Planned Developmem 132 (PD-132). The approximately 229.1 acres of land located on the east side of Swisher Road, approximately 900 feet north of Chaparral Court. Residemial and retail lots were proposed. (The Planning and Zoning Commission recommended approval 6-0). (Z03-0033, The Preserve at Pecan Creek) Kelly Carpemer, Director of Planning and Developmem, presemed the details of the proposal. She stated that the concept plan included residemial and retail lots. No objections had been received regarding the proposal. The Mayor opened the public hearing. The following individuals spoke during the public hearing: John Anderson, represeming the petitioner, was available to answer any questions. John Graves, 4009 Swisher, Demon, questioned how traffic would flow in the area when the homes were built. The Mayor closed the public hearing. The following ordinance was considered: City of Demon City Council Minutes May 4, 2004 Page 7 No. 2004-139 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR 229.1 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 132 (PD-132) ZONING DISTRICT; THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF SWISHER ROAD, APPROXIMATELY 900 FEET NORTH OF CHAPARRAL COURT IN THE CITY OF DENTON, DENTON, COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE. (Z03-0033) Burroughs motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance zoning approximately 19.51 acres of land to a Regional Cemer Commercial Dowmown (RCC-D) zoning district. The site was generally located north of Pockrus Page Road, east of Mayhill Road, and south of Edwards Road. (The Planning and Zoning Commission recommended approval 6-0). (Flowers Baking Company, Z04-0012) Kelly Carpenter, Director of Planning and Development, presented the details of the proposal. Flowers Baking Company had requested a regional center commercial downtown zoning district for 19.51 acres. The proposal was consistent with the Comprehensive Plan. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-140 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF LAND, COMPRISING APPROXIMATELY 19.51 ACRES LOCATED IN THE G. WALKER SURVEY, ABSTRACT NO. 1330, IN THE M.E.P. AND P.R.R. CO. SURVEY ABSTRACT NUMBER 950, AND IN THE D. LAMBERT SURVEY ABSTRACT NUMBER 784, IN THE CITY OF DENTON TO THE REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) ZONING DISTRICT CLASSIFICATION; THE TRACT BEING GENERALLY LOCATED NORTH OF POCKRUS PAGE, EAST OF MAYHILL ROAD, AND SOUTH OF EDWARDS ROAD, IN THE CITY OF DENTON; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Z04- 0012) City of DeNon City Council Minutes May 4, 2004 Page 8 Burroughs motioned, Thomson seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance zoning approximately 35.43 acres of land to the Neighborhood Residemial 6 (NR-6) and Neighborhood Residemial Mixed Use (NRMU) zoning districts. The site was generally located north of Pockrus Page Road, west of Swisher Road, and south of Edwards Road. (The Planning and Zoning Commission recommended approval 6-0). (Villages of Carmel, Z04-O011) Kelly Carpenter, Director of Planning and Development, stated that the proposal was part of a larger development with several rezonings of the area. The Mayor opened the public hearing. Bill Dahlstrom, representing the petitioner, stated that these were the final pieces of the developmem. They were requesting zoning in compliance with their original zoning plan. The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-141 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING TWO TRACTS OF LAND, COMPRISING APPROXIMATELY 35.43 ACRES LOCATED IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, IN THE CITY OF DENTON TO THE NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATION AND THE NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU); THE PROPERTY BEING GENERALLY LOCATED NORTH OF POCKRUS PAGE, WEST OF SWISHER ROAD, AND SOUTH OF EDWARDS ROAD, IN THE CITY OF DENTON; PROVIDING FOR A PENALTY CLAUSE IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Z04-0011). Kamp motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. E. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 11.7 acres from Neighborhood Residemial 3 (NR-3) zoning district to Neighborhood Residemial 6 (NR-6) zoning district. The site was located on the south side of Edwards Road, approximately 900 feet north of Pockrus Page Road and approximately 1,500 feet west of Swisher Road. (The Planning and Zoning Commission recommended approval 6-0). (Z04-0014, Villages of CarmeO City of DeNon City Council Minutes May 4, 2004 Page 9 Kelly Carpemer, Director of Planning and Developmem, stated that this was a request for a change in zoning for a neighborhood residemial 6 zoning district. The Planning and Zoning Commission had recommended approval. The Mayor opened the public hearing. Bill Dahlstrom, represeming the petitioner, spoke in favor. The Mayor closed the public hearing. The following ordinance was considered: No. 2004-142 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZON1NG CHANGE FROM NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 11.7 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF EDWARDS ROAD, APPROXIMATELY 900 FEET NORTH OF POCKRUS PAGE ROAD AND APPROXIMATELY 1,500 FEET WEST OF SWISHER ROAD 1N THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0014) Burroughs motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. F. The Council cominued a public hearing and considered adoption of an ordinance regarding a Specific Use Permit for a drive-through facility. The approximately 0.72 acre property was in a Neighborhood Residemial Mixed Use (NRMU) zoning district and was generally located on the east side of Lillian Miller Parkway, approximately 170 feet north of Wind River Lane and approximately 100 feet west of Lake Fork Circle. The Planning and Zoning Commission recommended denial (5-1). Supermajority vote required for approval. (Z04-0007, Dry Clean Super Center) This item was withdrawn at the request of the petitioner. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas approving an agreement for construction services for the renovation of the City of DeNon Civic Cemer and Emily Fowler Library between the City of DeNon and C.R. Reynolds, Inc. based on the competitive sealed proposal method of procurement; providing for the expenditure of funds therefor; and providing an effective date (RFCSP 3148 - Renovation of City of DeNon City Council Minutes May 4, 2004 Page 10 Civic Center and Emily Fowler Library awarded to C.R. Reynolds, Inc. in the amount of $2,634,637.50). Eva Poole, Director of Libraries, stated that after the 2000 bond election, the process was started for the renovation of the Emily Fowler Library. Numerous public meetings were held in regards to the manner of those renovations. The project would be completed in 2005. Janet Simpson, Director of Parks and Recreation, stated that the improvements of the Civic Center would provide opportunities to offer services to the community that to date were not possible. The summer camps and summer remals and reservations would not be disturbed with the construction renovation work. Carolyn Peterson, Ford, Powell and Carson, commented on the cooperative arrangement for the renovations and the keeping of the O'Neil Ford architecture. The following ordinance was considered: NO. 2004-143 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT FOR CONSTRUCTION SERVICES FOR THE RENOVATION OF THE CITY OF DENTON CIVIC CENTER AND EMILY FOWLER LIBRARY BETWEEN THE CITY OF DENTON AND C.R. REYNOLDS, INC. BASED ON THE COMPETITIVE SEALED PROPOSAL METHOD OF PROCUREMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFCSP 3148 - RENOVATION OF CIVIC CENTER AND EMILY FOWLER LIBRARY AWARDED TO C.R. REYNOLDS, INC. IN THE AMOUNT OF $2,634,637.50). Kamp motioned, Thomson seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance authorizing the City Manager to execute Change Order Two to the contract between the City of Denton and Booziotis and Company Architects; providing for the expenditure of funds therefor; and providing an effective date (Ordinance No. 2003-303; RFSP 3030 - Architectural Services for Renovation of Civic Center and Emily Fowler Library awarded to Booziotis and Company Architects in the amount of $184,190, Change Order One in the amoum of $16,875 and Change Order Two in the amoum of $97,830 for a total amoum of $298,895). Comments were made by the Booziotis firm relative to the maintaining of the O'Neil Ford architecture. The following ordinance was considered: City of Demon City Council Minutes May 4, 2004 Page 11 NO. 2004-144 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER TWO TO THE CONTRACT BETWEEN THE CITY OF DENTON AND BOOZiOTiS AND COMPANY ARCHITECTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (ORDINANCE NO. 2003-303; RFSP 3030 - ARCHITECTURAL SERVICES FOR RENOVATION OF CIVIC CENTER AND EMILY FOWLER LIBRARY AWARDED TO BOOZiOTiS AND COMPANY ARCHITECTS IN THE AMOUNT OF $184,190, CHANGE ORDER ONE IN THE AMOUNT OF $16,875 AND CHANGE ORDER TWO iN THE AMOUNT OF $97,830 FOR A TOTAL AMOUNT OF $298,895). Kamp motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council considered approval ora resolution of the City Council of the City of Denton, Texas encouraging residents of the City of Denton to vote in the upcoming Denton County Bond Election on May 15, 2004; and providing an effective date. City Manager Conduff stated that the County Judge had requested an endorsement by Council for their upcoming bond election. The Legal Departmem had prepared a resolution urging residents to vote in the election but not taking a pro/con approach to the election. The following resolution was considered: NO. R2004-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ENCOURAGING RESIDENTS OF THE CITY OF DENTON TO VOTE IN THE UPCOMING DENTON COUNTY BOND ELECTION ON MAY 15, 2004; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Thomson seconded to approve the resolution. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council considered nominations/appoimmems to the City's Boards and Commissions. No nominations/appointments were made at this meeting. E. New Business The following items of New Business were suggested by Council for future agendas: 1. Mayor Brock requested information on truck traffic on Elm and Locust Streets. City of Demon City Council Minutes May 4, 2004 Page 12 2. Mayor Pro Tem Burroughs requested information on the bridge from UNT to Denia with particular emphasis on city interactions with UNT. TxDot and what safeguards were in place to keep the neighborhood informed along with what cautions were in place to protect the Denia neighborhood. 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. Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting items. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 8:30 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES May 11, 2004 After determining that a quorum was presem, the City Council convened in a Planning Work Session of the City of DeNon City Council on Tuesday, May 11, 2004 at 4:00 p.m. in the City Council Work Session Room. PRESENT: Mayor Brock, Mayor Pro Tem Burroughs, Council Members Kamp, McNeill, Montgomery, Redmon, Thomson ABSENT: None 1. The Council received outcome statements and held a discussion regarding Vibrato Cultural Life. City Manager Conduff stated that the proposed outcome statements were presented to Council for consideration. Outcomes were a future state written in current language. They were written as though they were already done. Council discussed the outcome statements and made the following suggestions: · Add Denton has room and need for meeting centers. · Split Section 4.10.1 into separate categories. · Add Emertainmem district (overlay). Need to be aware of developmems at DeNon Station. · Change Dowmown is the main focus for these (vibrato cultural) activities. · Add live music venues. · Add DeNon has an arts district with related tourism (also referred to in Section 2.8.2). · Add Denton has artist live/work space. 2. The Council received a report, held a discussion and gave staff direction regarding Sustainable Development. Kelly Carpenter, Director of Planning and Development Services, stated the definition of sustainability was development that met the needs of the present without compromising the ability of future generations to meet their own needs. Carpenter stated that the City was implementing programs that encouraged sustainability: Recycling program, which increased longevity of landfill; Transit service, which provided alternatives to single-occupam vehicles and provided needed human services; and Developmem standards and environmemally sensitive areas standards that protected floodplains and open spaces. Carpenter stated that implementing a sustainable development policy for Denton included: tracking community indicators based on strategies as adopted in the comprehensive plan; developing and implementing a sustainable development policy; encouraging transit-oriented development; and conserving neighborhoods. She stated that the Council would look at neighborhoods at the June 8 Planning Session. Carpemer imroduced Ed McRoy, Planner with the City of Lancaster, who spoke about utilizing sustainable policies in the developmem of the Mills Branch project. The goal of the project was City of DeNon City Council Minutes May 11, 2004 Page 2 to elevate the level of investmeN and quality of developmeN within a unique corridor between I -35 and the Historic Town Square. He stated that City officials believed they could improve the City's tax base and create sustainable developments that preserved the best of Lancaster's past while taking full advantage of best planning practices of today. McCoy stated that roadways were designed to keep traffic slow, pedestrian friendly, with wider sidewalks, street trees between curbs and sidewalks, round-abouts and traffic circles. In the retail element, they wanted to encourage neighborhood access with shorter blocks and narrower access streets. Residential building types included an inter-generational range of home types, attracting young professionals. Each development had to have at least 20% of each housing type. Other standards included preservation and developmeN of parks and open space, and preservation of the majority of flood plains. Carpenter introduced Dave Gattis, Assistant City Manager with the City of Benbrook, who discussed site design and planning in development of sustainable communities. He stated that the three "e's of sustainability were economy, environmeN, and equity. New trends in site design were walkable communities, mixed uses, clustered lots, narrower streets, traffic calming, water runoff managemeN, crime preveNion through environmeNal design, and community character. Council Member Thomson waned to know how on board the Planning and Zoning Commission was with this as they would be the ones to implement it with staff. Carpenter stated that the Planning and Zoning Commission had not had the opportunity to hear all of this information. City Manager Conduff suggested join training for the Council, Planning and Zoning Commission, and neighborhood represeNatives regarding standards and criteria for development. 3. Suggestions for Agenda Committee on future agenda items and/or placement of items for upcoming agendas. Mayor Brock requested a review of Code Enforcement to include current standards, staffing, review of the Code Ranger program in Fort Worth, and weaknesses. With no further business, the meeting was adjourned at 6:26 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES May 18, 2004 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, May 18, 2004 at 4:30 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, held a discussion and gave staff direction regarding Tree Preservation regulations. (SI03-0012, Tree Preservation) Mayor Pro Tem Burroughs presented the recommendations from the Tree Preservation Subcommittee. He reviewed the history of the formation of the Subcommittee and the goals of the Subcommittee including the need to eliminate automatic Council appeals, keeping the ordinance simple, making it enforceable, preserving the Cross Timbers forest, and not having a punitive ordinance. Larry Reichhart, Assistant Director of Planning and Development, presented a power point presentation regarding the proposed tree preservation ordinance. He stated that the purpose and intent of the ordinance were to promote the preservation of trees and tree stands; protect trees during construction; improve air and water quality; maintain and enhance a positive image of the City; provide for a permitting and enforcement procedure. The ordinance would apply to undeveloped land, redevelopment and city projects. Exemptions would be made for projects currently being processed; agricultural uses; platted single-family lots; pruning and tree removal of trees interfering with public utilities; and the city's landfill and airport. A permit would be required to remove any tree greater than three inches. The proposal outlined the review and approval process with four standards of tree designations being made- quality trees, quality tree stands, protected trees and historic trees. Preservation requirements stated that historic trees would be preserved, protected trees would be preserved unless mitigated at a 1:2 ratio, preservation for quality trees and quality tree stands would be based on a tree inventory plan and minimum preservation requirements ran with the land. Mitigation standards included protected trees may be removed if mitigated at a ratio of 1:2, quality trees were 1:1.5 and mitigation consisted of any combination of planting trees on site, utilization of a tree bank, planting trees on public property, and payment into the tree fund. Trees that were required to be planted in compliance with other development regulations would not be counted for the purpose of satisfying mitigation requirements, only trees species identified on the tree mitigation replacement table would be used towards mitigation, off-site alternatives required additional funds for maintenance of a three year period, and tree banks included areas of a minimum of one acre that had the characteristics of Cross Timber forests. Requirements of a tree bank included the designation of a tree bank and the transfer of tree credits would be approved by the Development Review Committee chairman; would be preserved with a permanent conservation easement, restrictive covenants, or other such legal mechanisms; and areas that were undevelopable, such as floodplains, wetlands and riparian areas, would not be designated as tree banks. Preservation incentives included tree credits for different tree classifications, allowances for parking space designs, parking lot design alternatives, subdivision designs, additional incentives approved by council might include a list of those incentives. Enforcement measures would include stop work orders; each tree removed in violation of this ordinance would constitute a distinct and separate offense with a $2000 maximum penalty per violation; trees City of DeNon City Council Minutes May 18, 2004 Page 2 injured or destroyed by natural disasters, would be a defense to the removal. Additional code revisions would include Subchapter 22 and Subchapter 3 to update with this ordinance. A criteria manual would be updated with plan submissions, tree protection, tree planting restrictions and tree mitigation replacement table. Outstanding issues included small lot and infill relief (what size qualified, how much relief provided), agricultural exemptions, applying the regulations in the ET J, designation of tree banks (who designated, staff city council citizen advisory board), maiNenance costs, should a 3 year maiNenance cost be added to the cost of the planing on city property. Council discussion included: · Consider an exemption for trees with extreme mistletoe or similar disease - provision was included for diseased trees · Enforcement difficulties - was an arborist needed to implement this ordinance. - some type of specialist would be needed to help with the enforcement of the provisions. · What in the process really preserved large historic trees - could such trees be removed if the requirements and mitigation standards were met. · How to enforce sick tree removal - outsource that rather than add another staff member. · An ordinance without any enforcement teeth was not any good. · A citizen's tree committee could establish tree stands that should be ideNified to be saved. Applying regulations in ETJ - limited ability to apply regulations to the ETJ. Not able to apply the regulations unless direct application to watershed. Tree banks could be credited in the ETJ. Agricultural issues - exempt if over two acres - policy issues whether preservation of urban agricultural use was a priority. No time frame to keep property agricultural to use the exemption. · Agricultural exemptions were included for historic uses that had been in effect for many years. Take the draft ordinance, choose sample plats and see how the ordinance would apply and the effect of the ordinance before passage. - this had been done in several locations already. Small lot and infill relief - needed to consider the impact of small lot and infill. These were different from other types of developments. Without such preservation, the ordinance would conflict with the infill policy of developmeN. · Concern for environment, esthetics. City of DeNon City Council Minutes May 18, 2004 Page 3 Species of trees were eliminated for mitigation - have to use for planting - a tree could be taken out without a permit if on an undesirable tree list - allow for a lower level of mitigation. Consensus of Council was to hold another work session to consider the agricultural exemption question, the small area and infill relief, modification of the waiver request, and undesirable tree preservation. A public hearing would then be held on the proposal. 2. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the regular meeting of May 18, 2004. Regular Meeting of the City Council on Tuesday, May 18, 2004 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 There were no proclamations/awards for this meeting. B. May Yard-of-the-Momh Awards Mayor Brock presemed the Yard of the Momh awards to: Diane and Spence Benbow Robbie Gober Frenchy and Teri Rheault Kathy Massey Cathleen and Gerard Brackeen Melva Wheeler Watersmart Yard-Amika Reyes Senior Care Health and Rehabilitation Cemer C. Recognition of staff accomplishmems City Manager Conduffpresemed staff accomplishments to the Council and audience. 3. CITIZENS REPORTS A. The Council received citizen reports from the following: City of DeNon City Council Minutes May 18, 2004 Page 4 Dr. Roger Nunn requesting a public hearing be held regarding the City's proposed drainage plan for the Fletcher Branch between E1 Paseo and Ryan Road. Dr. Nunn requested the Council consider the water level of the ponds in the area. He requested that the Council hold a public hearing regarding the issue. 2. Candace Parker regarding amending Section 6-30 of the Code of Ordinances (prohibited animal permit) to allow for wildlife rehabilitators. Ms. Parker stated that she would like to have the city ordinance changed to include the consideration of wildlife rehabilitators. These individuals would be able to treat, rehabilitate and eventually release wildlife back imo their natural habitats. These individuals were highly trained and certified in their fields. 3. Dessie Goodson regarding responsibility. Ms. Goodson presented information regarding her recent arrest in connection with a LINK incidem. She felt the city had not taken responsibility regarding her accidem on the LINK system. 4. Robert Baker regarding excessive noise. Mr. Baker asked the Council to consider an amendmem to the noise ordinance. A neighboring property owner used grass blowers very early in the morning that disturbed the tenams in his building. The noise was affecting his business. The currem ordinance did not address commercial blowers. He suggested an amendmem that would address this issue and to consider not using such equipmem before 9:00 a.m., within 100 feet of a dwelling and on Sundays not until after 1:00 p.m. and perhaps not more than three times per week. 5. Melissa Lux regarding Fletcher Branch. Ms. Lux stated that she had a concern regarding the water level of the pond that surrounded their property. One property owner had requested that the water level be reduced but none of the other property owners had been consulted. 6. Willie Hudspeth regarding minority hiring and the tree ordinance. Mr. Hudspeth was not present at the meeting. 7. Larry/Ann Tubbs regarding Fletcher Branch issues with the City. Mr. Tubbs presemed concerns regarding the Fletcher Branch Creek. Several years ago developers in the area made unapproved changes to the Creek. The City made them stop those changes and applied conditions to future development. Those conditions still had not been met. A developer of one lot in the area changed the water level of a pond without the knowledge of the area property owners. They were now concerned about flooding and the effect the lowering of the water level would have on the area wildlife. City of DeNon City Council Minutes May 18, 2004 Page 5 4. CONSENT AGENDA Burroughs motioned, McNeill seconded to approve the Consem Agenda and accompanying ordinances and resolutions. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. A. Approved the minutes of April 20 and April 27, 2004. Bo R2004-024 - A resolution approving the issuance of bonds by the Colorado Health Facilities Authority on behalf of the Evangelical Lutheran Good Samaritan Society; and providing an effective date. Co 2004-145 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of Reinforced Concrete Pipe, Concrete Box Culverts and Corrugated Metal Pipe; providing for the expenditure of funds therefor; and providing an effective date (Bid 3149 -Annual Comract for RCP Pipe, Concrete Box Culverts, and Corrugated Metal Pipe awarded to the Hanson Pipe and Products, Inc. in the estimated amoum of $350,000). Do 2004-146 - An ordinance authorizing the City Manager to accept an Interlocal Agreement with the City of Hickory Creek, Texas to authorize participation in various City of DeNon comracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 3169 - Imerlocal Agreemem with the City of Hickory Creek, Texas). mo 2004-147 - An ordinance accepting competitive bids and awarding a comract for the purchase of a 4 cubic yard Top Dresser Material Handler for the City of Denton Parks Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3160 - 4 Cubic Yard Top Dresser Material Handler awarded to Austin Turf and Tractor in the amount of $31,010.86). Fo 2004-148 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. Go 2004-149 An ordinance authorizing the Mayor to execute an Interlocal Cooperation Agreemem between the City of DeNon and the City of Roanoke 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. Ho 2004-150 An ordinance authorizing the Mayor to execute an Interlocal Cooperation Agreemem between the City of DeNon and the City of Ponder 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. City of DeNon City Council Minutes May 18, 2004 Page 6 2004-151 - An ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 0.759 acre sanitary sewer and reuse water easement and an approximate 0.926 acre temporary construction easement both of which are out of a parcel or tract of land described in that certain deed to Robert W. Callahan as recorded in Volume 4656, Page 164 of the Real Property Records of DeNon County, being located in the Gideon Walker Survey, Abstract No. 1330 and the Moreau Forrest Survey, Abstract No. 417, in Denton County, Texas and being part of a tract or parcel of land owned by Robert W. Callahan, 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. Jo 2004-152 - An ordinance of the City of DeNon approving a Sanitary Sewer Facilities Agreement between the City of Denton, Texas and Canyon Energy Partners, LTD. to provide for the construction of sanitary sewer facilities to serve the Enclave at Lakeview Ranch, a residential development in the City of Denton, and to serve the needs of the City of DeNon; providing for the expenditure of funds therefor; 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 surface use of a portion of the Briercliff Park 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. Bob Tickner, Superimendent of Parks Planning, stated that a portion of Briercliff Park would be used for a roadway for Unicom Lake developmem. The plan was to build a boulevard through the area. The best location of a small portion of the roadway would need to go through the park. Only 1/2 acre would be used from the park. It would not affect how the property would be used as a park. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-153 AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION OF THE BRIERCLIFF PARK FOR THE PURPOSE OF A PUBLIC STREET IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE City of Demon City Council Minutes May 18, 2004 Page 7 CODE; PROVIDING FOR A STREET DEDICATION EASEMENT; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Thomson seconded to adopt the ordinance. 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 63.32 acres of land generally located west of Swisher Road, north of Edwards Road in the eastern section of the City of Demon Extraterritorial Jurisdiction (ET J). (Longhorn Development Annexation, A04-O00O Kelly Carpenter, Director of Planning and Development, presented the details of the proposal. This was a voluntary annexation and there were no opposition letters received. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. No action was needed on this item. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance approving a Notice of Restriction for a Stream and Stream Buffer Area Preserve associated with the Construction and Management of Lake Forest Park, which preserve area is a 5.6 acre tract of land being a portion of T. Labor Survey A-779 and the N. Britton Survey A-51, an addition to the City of Denton, Texas; and providing an effective date. Bob Tickner, Superintendent of Parks Planning, stated that in 2000 developers of the area approached the city for a joim wetland preserve project. A mitigation plan had been developed with the Army Corps of Engineering. The city had purchased 69 acres in the area next to Lake Forest Good Samaritan Village. 5.6 acres would be dedicated along the stream in the area for a stream and stream buffer area preserve. The following ordinance was considered: NO. 2004-154 AN ORDINANCE APPROVING A NOTICE OF RESTRICTION FOR A STREAM AND STREAM BUFFER AREA PRESERVE ASSOCIATED WITH THE CONSTRUCTION AND MANAGEMENT OF LAKE FOREST PARK, WHICH PRESERVE AREA IS A 5.6 ACRE TRACT OF LAND BEING A PORTION OF T. LABOR SURVEY A-779 AND THE N. BRITTON SURVEY A-51, AN ADDITION TO THE CITY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE. City of Demon City Council Minutes May 18, 2004 Page 8 Burroughs motioned, Montgomery seconded to adopt the ordinance. 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 considered adoption of an ordinance authorizing the Mayor, or her designee, to execute an Interlocal Cooperation Agreement between the City of Denton and Denton County to provide for Loop 288 engineering services; authorizing the expenditure of funds; and providing for an effective date. Charles Fiedler, Director of Engineering, stated that the agreement with the County dealt with the funding component of the agreement. The following ordinance was considered: NO. 2004-155 AN ORDINANCE AUTHORIZING THE MAYOR, OR HER DESIGNEE, TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY TO PROVIDE FOR LOOP 288 ENGINEERING SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. McNeill motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance amending Section 2-27 "Administrative Departments" of the City Code to bring the City departments and the department head titles current; providing a savings clause; and providing an effective date. City Attorney Prouty stated that this ordinance would bring this section of the code up to date with the current departments. The section had not been changed since 1966 and needed to be updated. The following ordinance was considered: NO. 2004-156 AN ORDINANCE AMENDING SECTION 2-27 "ADMINISTRATIVE DEPARTMENTS" OF THE CITY CODE TO BRING THE CITY DEPARTMENTS AND THE DEPARTMENT HEAD TITLES CURRENT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Montgomery motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. City of Demon City Council Minutes May 18, 2004 Page 9 D. The Council considered approval of a resolution adopting an Ethics Policy for Elected and Appoimed Officials of the City of Demon, Texas; and providing an effective date. Dottie Palumbo, Assistam City Attorney, stated that a council ethics subcommittee had held several public meetings to gather input on an ethics policy for elected and appointed officials. The following resolution was considered: NO. R2004-025 A RESOLUTION ADOPTING AN ETHICS POLICY FOR ELECTED AND APPOINTED OFFICIALS OF THE CITY OF DENTON, TEXAS; AND PROViDiNG AN EFFECTIVE DATE. Kamp motioned, Thomson seconded to approve the resolution. Mayor Pro Tem Burroughs made the following friendly amendments to the motion: Item #3, Section 1, last sentence "promote" rather than "preserve"; #5 - last sentence add "and others as partners on common issues"; Item 6 "think creatively" instead of"outside the box". Kamp "aye", "aye". and Thomson accepted the friendly amendments. On roll vote, Burroughs "aye", Kamp McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock Motion carried unanimously. E. The Council considered approval of a resolution amending the Code of Election Ethics for the City of Demon by adding a provision for a prohibition on the use of the City of Denton Logo during a Campaign; and providing an effective date. Dottie Palumbo, Assistant City Attorney, stated that this amendment of the Code of Election Ethics would prohibit the use of the city logo during a campaign. Council Member McNeill suggested a minor amendment to state "discourage" instead of "not allow" outside parties to use deceptions...". The following resolution was considered: NO. R2004-026 A RESOLUTION AMENDING THE CODE OF ELECTION ETHICS FOR THE CITY OF DENTON BY ADDING A PROVISION FOR A PROHIBITION ON THE USE OF THE CITY OF DENTON LOGO DURING A CAMPAIGN; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Burroughs 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 18, 2004 Page 10 F. The Council considered nominations/appoimmems to the City's Boards and Commissions. Council Member Redmon nominated Donna Morris to the Historic Landmark Commission. G. New Business The following items of New Business were suggested by Council for future agendas: 1. Council Member Thomson requested information regarding contracts in the bidding process in terms of accepting the lowest bid or giving a small preference for local dealers or the ability to take a higher bid based on a quality factor. 2. Council Member McNeill requested an update on what resources were being used to speed up the construction on Spencer and Mayhill Roads. 3. Council Member Kamp requested an update on the ordinance regarding wildlife rehabilitation and information on the possible suspension of enforcemem umil the ordinance was revised. 4. Council Member Redmon requested an update on the noise ordinance relative to the use of commercial devices such as leaf blowers. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manager Conduff offered commems on the terms of service of Mayor Pro Tem Burroughs. Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no cominuation of the Closed Meeting. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 8:05 p.m. EULINEBROCK MAYOR CITY OFDENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES May 25, 2004 The City of Demon City Council convened in the Work Session Room on Tuesday, May 25, 2004 at 5:00 p.m. to attend a reception honoring City Council. After determining that a quorum was present, the City Council convened in a Regular Meeting on Tuesday, May 25, 2004 at 6:30 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Kamp, McNeill, Montgomery, Redmon and Thomson. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. The Council considered adoption of an ordinance canvassing the returns and declaring the results of the Regular Municipal Election to elect two City Council Members and the Mayor held in the City of Demon on May 15, 2004; and providing an effective date. Jennifer Walters, City Secretary, read the final election results for Council consideration. The following ordinance was considered: NO. 2004-157 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE REGULAR MUNICIPAL ELECTION TO ELECT TWO CITY COUNCIL MEMBERS AND THE MAYOR HELD IN THE CITY OF DENTON ON MAY 15, 2004; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 3. Oath of Office administered to newly elected Council Members. Jennifer Walters, City Secretary, administered the oath of office to Bob Montgomery, Place 5; Joe Mulroy, Place 6; and Euline Brock, Mayor. 4. Election of Mayor Pro Tem. Montgomery motioned, Kamp seconded to nominate Perry McNeill as Mayor Pro Tem. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 5. The Council considered approval of Resolutions of Appreciation for Council. City of Denton City Council Minutes May 25, 2004 Page 2 McNeill motioned, Montgomery seconded to approve a resolution of appreciation for Mark Burroughs. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Kamp motioned, Thomson seconded to approve a resolution of appreciation for Bob Montgomery. On roll vote, Kamp "aye", McNeill "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Thomson motioned, Kamp seconded to approve a resolution of appreciation for Joe Mulroy. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Mulroy motioned, Kamp seconded to approve a resolution of appreciation for Euline Brock. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 7:00 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET June 15, 2004 Materials Management Kathy DuBose ~% 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 Wood Utility Poles for DeNon Municipal Electric; providing for the expenditure of funds therefore; and providing an effective date. (Bid 3158-Wood Utility Poles awarded to the lowest responsible bidder for each item in the estimated amoum of $210,000). BID INFORMATION This bid is for the annual supply of Wood Utility Poles, used by the Electric Distribution Division in the maintenance and new construction of the overhead distribution system. Poles are ordered as needed in truckload quamities and stored in the Warehouse stock umil placed in service. RECOMMENDATION In order to reduce shipping charges and increase flexibility in ordering quamities, DeNon Municipal Electric recommends the award of line items 1-14 (35'-70' poles) to Colfax Treating Co., LLC and line items 15-26 (75'-90' poles) to North Pacific Group, Inc. in the unit price amounts listed in Exhibit A for a total estimated amount of $210,000. PRINCIPAL PLACE OF BUSINESS Colfax Treating Co., LLC Alexandria, LA North Pacific Group, Inc. Portland, OR ESTIMATED SCHEDULE OF PROJECT Truckload quamities of various length and class of poles can be shipped within two weeks of receipt of an order. FISCAL INFORMATION Poles will be purchased from the Warehouse Working Capital Invemory accoum 800001.6402 and charged to appropriate department accounts as utilized. Agenda Information Sheet June 15, 2004 Page 2 Attachment 1: Bid Tabulation 1-AlS-Bid 3158 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment I Techline, Inc. - Colfax Treating Nationwide Telecom Electric Texas Electric Lufkin North Pacific 26-May-04 I Principal Place of Business: Fort Worth, TX Alexandria, LA Brierfield, ALPiano, ~ Jasper, ~ Lufkin, ~ Portland, OR ~rJ~rfJ~ld, AL 54069510 35 ft. class 1 1 $237.41 $217.42 $232.67 $249.42 No Bid $249.90 $226.00 54069540 40 ft. class Z 20 $277.50 $287.41 $271.95 $319.09 No Bid $318.90 $292.00 54069520 50 ft. class Z 50 $399.25 $397.44 $391.27 $417.09 $435.00 $419.65 $406.00 54069535 60 ft. class ~ 6 $604.01 $612.16 $591.93 $700.09 $796.00 $699.90 $616.00 ~/~ 65 ft. class H1 1 $1,191.12 $643.58 $1,167.30 $1,148.45 $1,270.00 $1,153.50 $981.00 54069300 70 ft. cl3ss 1 4 $1,205.41 $986.48 $1,181.31 $1,151.90 $1,417.00 $1,151.75 $1,071.00 N/A 70 ft. class H2 1 $1,728.15 $1,226.41 $1,693.59 $1,641.20 $1,744.00 $1,641.40 $1,321.00 N/A 75 ft. class H1 1 $1,669.85 $1,371.82 $1,636.46 $1,816.04 $1,850.00 $1,816.40 $1,362.00 54069400 80 ft. class 1 4 $1,735.84 $1,665.19 $1,701.13 $1,734.92 $2,047.00 $1,734.85 $1,531.00 ~/~ 80 ft. class H2 1 $2,438.50 $2,064.84 $2,389.73 $2,174.89 $2,583.00 $2,174.55 ~/~ 85 ft. class H1 1 $2,420.29 $2,154.35 $2,371.89 $2,487.75 $2,637.00 $2,479.50 $1,826.00 54069500 90 ft. class 1 1 $2,348.69 $2,628.16 $2,301.72 $2,381.36 $2,802.00 $2,347.00 $2,159.00 ~/~ 90 ft. class H2 1 $3,024.75 $3,277.34 $2,964.26 $3,074.55 $3,320.00 $3,150.00 $2,449.00 $15 per pole HAND PICKED for 60ft and POLES $5.~0 per pole$~0 per pole $5 per pole No Charge N/A N/A shorter poles $25 per pole for 65ft and ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF WOOD UTILITY POLES FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3158-WOOD UTILITY POLES AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM IN THE ESTIMATED AMOUNT OF $210,000). 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 3158 1-14 Colfax Treating Co., LLC Exhibit A 3158 15-26 North Pacific Group, inc. 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 and to extend the contract as determined to be advamageous to the City of DeNon which shall be on file in the office of the Purchasing Agem; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quamities and specified sums comained in the Bid Proposal and related documems 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 amoum 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 the day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-BID 3158 Page 2 of 2 Exhibit A BI'D # 3158 Evaluation I Colfax Treating North Pacific 26-May-04 I Co.. LLC Group. Inc. Principal Place of Business: Alexandria, LA Portland, OR ~r~ B ~ Preferred B ~ 54069510 35 ft. class 1 1 $217.42 54069540 40 ft. class ~ 20 $287.4z 54069520 50 ft. ClaSS 1 50 $397.44 54069535 60 ft. ClaSS 1 6 $612.16 ~/~ 65 ft. ClaSS H1 1 $643.58 54069300 70 ft. class 1 4 $986.48 ~/~ 70 ft. class H2 1 $1,226.41 ~/~ 75 ft. class H1 1 $1,362.00 54069400 80 ft. class 1 4 ~/~ 80 ft. class H2 1 $1,759.00 ~/~ 85 ft. class H1 1 $1,826.00 54069500 90 ft. class 1 1 $2,159.00 ~/~ 90 ft. class H2 1 $2,449.00 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET June 15, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Jim Coulter 349-7194 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of Corrugated Metal Pipe for the Street Department; providing for the expenditure of funds therefore; and providing an effective date (Bid 3171-Annual Contract for Corrugated Metal Pipe awarded to Contech Construction Products, Inc. in the estimated amount of $40,000). BID INFORMATION This bid is for the annual contract to supply specialized aluminized Type Two Corrugated Metal Pipe to the City of Denton. This pipe must meet the standard set by the North Texas Council of Governments (NCTCOG) for drainage applications. Bid requests were sent to thirty-nine qualified prospective bidders. Contech Construction Products, inc. is the only authorized dealer in the Dallas Fort-Worth area of this pipe or an approved equal. The material will be used by the Street Department for its daily operations and maintenance of its systems. RECOMMENDATION We recommend that this bid be awarded to the lowest responsible bidder, Contech Construction Products, inc., as listed in ordinance Exhibit A in the estimated amount of $40,000. PRINCIPAL PLACE OF BUSINESS Contech Construction Products, Inc. Irving, TX ESTIMATED SCHEDULE OF PROJECT This is an annual contract, which will begin upon approval and run through June 15, 2005 with the option to renew for an additional year, contingent upon pricing remaining the same. Agenda Information Sheet June 15, 2004 Page 2 FISCAL INFORMATION The using department will provide funding as needed for individual jobs or projects. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AlS-Bid 3171 BTD # 3171 Attachment i DATE: 6/3/04 ANNUAL CONTRACT FOR CORRUGATED METAL PTPE (REBTD) ~ Contech COpr~uU~isOn Ms°ur~yn TexDaeSviMcgter B20 & Assoc. Power Seal .ri n~i..e... ~e o, ~u.ine..: .tv in ~.~× I. Classification Type :ER Aluminized Type 2 Steel orr u~ a M t a I Pi per N CTCOG lo o o 1 8' , CM &ll.S8 N oB id N oB id N oB id N oB id _ 1-1000 L 24" C M P $15.33 ~-~oo ~ 42 GMp $98 N B ~ Bid r,,l B ~ Bid lo o o 48' , $48.1S N oB id N oB id N oB id N oB id _ ORDINANCE NO. CONSIDER ADOPTION OF AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF CORRUGATED METAL PIPE FOR THE STREET DEPARTMENT; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3171-ANNUAL CONTRACT FOR CORRUGATED METAL PIPE AWARDED TO CONTECH CONSTRUCTION PRODUCTS, iNC. iN THE ESTIMATED AMOUNT OF $40,000). 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 3171 1-8 Contech Construction Products, Inc. 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 and to extend the contract as determined to be advantageous to the City of Denton which shall be on file in the office of the Purchasing Agent; 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 the day of ,2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-BID 3171 Page 2 of 2 BTD # 3171 ExhibitA DATE: 6/3/04 ANNUAL CONTRACT FOR CORRUGATED METAL PTPE Contech Principle Place of Business: Irving, TX I. Classification Type 1R Aluminized Type 2 Steel rru q at ed. eta I Pipo[ N CTCO 1- o oo CF 1 CMP S8 1-1000 LF 2 4' , CMP $1 5. 33 _ lo oo 3 6' , $27.85 _ oo LF 4 8" CroP $48.15 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET June 15, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Tom Shaw 349-7100 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for Wet, Dry, and Auger Boring services for various City departments; providing for the expenditure of funds therefore; and providing an effective date (Bid 3156-Wet, Dry, and Auger Boring awarded to C&C Directional Boring in the estimated amount of $250,000). BID INFORMATION This bid is for an annual contract to furnish all labor, equipment and materials, and perform all operations in connection with the complete installation of wet, dry and auger bores. This would also include the installation of City supplied copper, polyethylene, and PVC conduits and steel casings in the bores as specified and when required. RECOMMENDATION We recommend award of this item to C&C Directional Boring per line item as listed on Exhibit A. The annual estimated expenditure is approximately $250,000. PRINCIPAL PLACE OF BUSINESS C&C Directional Boring Shady Shores, Texas ESTIMATED SCHEDULE OF PROJECT This is an annual agreement with the option to extend the contract for an additional year with no changes to the pricing, terms or conditions. FISCAL INFORMATION Funding for this service will be charged to the appropriate department, or capital project, as it is used. Agenda Information Sheet June 15, 2004 Page 2 Attachment 1: Bid Tabulation 1-AlS-Bid 3156 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Bid # 3156 Attachment 1 Date: 5/25/04 Annual Contract For Wet, Dry & Auger Boring ~ Barco Construction ~ ' C & C Directional  Inc. dba Reaves Boring Engineering I Principle Place ofBusiness: Denton, TX Shady Shores, TX I .,._. ....... ] ~t~v/Conduit Line(s) $ 5 00 $ 6 00 ~ --'--- installed ' ' 1"Die e Bo inRockw/C dutL e s" Diameter Bore in Rock w/Conduit Line(s', 2 2000 1,,met r rein'~t~ll~rl On i in ('~ $~ ~' - ~ ':-'7-.':';--~ '"'- '' 6.50 5 12.00 2" Diameter Bore in Dirt w/Conduit Line(s) I ~~n staUl~etdW/b °n a u't L~n e('s) $ 6.00 $ 6.00 I ~. k./wConduitLine(s; $.__ 800. $ 1200. ~/ ~....in *le , ~ .¥stF. l::d ......... I ~'t w/Conduit Line(s) I ~;4'.~,-/',-i ' 6.00 $ 14.00 I ~ck w/Conduit Line(s) I 6 200 -~~gT'~-";-'-' $ 8.00 $ 20.00 2" Diameter Bore in Dirt w/Steel Casing 7 2000~"~' - ~ -".--7-;'-~ -- ~ -z"LJ'ametert~°rien;~w/btee',bas'ng $ 6.50 5 14.00 'l~ D ~.~ln_~oc~w/SteeiCasing $ 8.50 $ 20.00 Ii ~,~.in ale , ~ .¥stF. l::d ......... 4" Diameter Bore in Dirt w/Conduit Line(s) 9 4000 q" u'ameter t~°r6~.~taUl~l~dW/b°nau't L'ne('s) $ 10.00 $ 6.00 4'i' DiD~i~met~r BB~°re in R°ck w/C°nl i,it, L. in~(i~ 10 400 4 reii!stR~!!~/~C i in (~ $ 15.00 5 12.00 I ~t w/Conduit Line(s) 11 2000 $ 1000 $ 1400 Ill 2~"C-a-~i~ ....... ,-, . . I ~kw/Conduit Line(s'~ 12 200 $ 1500 $ 2000 ',,,7 .... ' ' ~~13 2000 ;"~D. ia m ;to r~o r~.. ; Ii dWl;;~; i n~ t..aDli r! with Steel ,C~asi;g $ 10.005 14.00 '1 ~~k.with .... Steel Casing $ 15.00 $ 20.00 Ii ....... i--I~-nsta led ........ I ~n Dirt with Conduit I ~ in Rock with Conduit 16 400 $ 1650 $ 1600 I 16 400 -~~111,-.,,--..~7I- . . i ~'n Dirtwith Conduit 17 2000 $ 1400 $ 1800 I · · I ~ in Rockwith Conduit 18 200 $ 2000 $ 2400 18~., 200 . ,- _ -~ ~n';~i-in; ~l~e~' i~' ~-i;;i '~ ;i~- -' '' -- ,'',. ----'' "-~' '.~ ' ' ' 'l ~~ ~ .with Steel Casing $ 16.00 $ 18.00 Ii ......insta e ~_~ll_d ....... 6"u~ame t~ re~n~ocKw nbte basDiameter Bore in Rock with Steel Casing 20 200 u' ter ° inStalled 't, e' 'ng $~.~- - ~ . ~.- --~ -., 20.00 5 24.00 I ~n Dirt with Conduit 21 4000 $ 1800 $ 1100 I 4000 · · I ~ in Rock with Conduit 22 400 $ 2000 $ 2200 I 22 400 ~~~ii.-'~-"~ ~i' ' ' I ~n Dirt with Conduit 23 1000 $ 2200 $ 21 00 I ~ in Rock with Conduit 8" Diameter Bore in Dirt with Steel Casing 25 1000^"~' - ~ -:-&-'--.--'" ~' ~ - ~"u,ame~ert~or~;%w,m~ee,.~as,ng $ 22.00 5 21.00 'l~~ck. with Steel Casing $ 25.00 $ 32.00 '~ · ...... in~"~-.~O ........ I ~n DirtwithConduit 27 4000 $ 2200 $ 1500 i ~~a, e0 , 2~~-:.-'.' ........... . . Barco Constructio'~~ ~ Inc. dba Reaves ' C & C Directional Engineering Boring ~ Pri~l,.,e. Plac,e of~Busi, ne~ss: ........ Denton, TX Shady Shores, TX I ~~~.~, ,edW.,i)h~d i,it $ 26.005 24.00 , ~~~__ I~~, !siC~gnd ,uil, $ 23.005 25.00 I --~- -~- 10".~i; ~.eter ~o r!n in a!i rt~with' St~,el~as;ng 31 1000 ',v" ~ ~ ng$ 23.00 $ 25.00 , ~~~1 ~~~:q,~.. , 2~.oo, ~.oo , ~---~--~ ~z~..~, , 2~.oo, ~.oo i~~:~, ~d~,i)h?~d ~,it $ 30.005 28.00 35 300 ~ F~~'~T~'~i'~?~'~-~'~I ~~ ~t~h ~n~it, $ 2~.00 $ 20.00 3~ ~0I ~ in Rock wi~ Conduit $ 3200 $ 3000 12" Diameter BOr~nin ~irtfit~ S~o.T~ing I ~ "~--' I ~Zi~",~i~, $ 28.00 5 22.00 ~o ~oo '~'.,.-'-~- ..... ~;~;'~;:~;'~;'C."'--"--'' ~_~ _~._. ~ ..,~°~°~°~t , ~.oo, ~2.oo 4~ 30I ~~ Dirt with ~nduit $ 30 00 $ 34 00 42 10I ~ in Rock wi~ Conduit $ 3400 $ 4400 ~4" Diameter Bore in Dirt with Steel Casin~ 45 30I ~~ Dirt with ~nduit $ 34 00 $ 24 00 4~ ~0I ~ in Rock wi~ Conduit $ 3000 $ 3400 I ~~oo ~~~,"'i-"~' ' ' 47 30I ~~ Dirt with ~nduit $ 34 00 $ 3~ 00 48 10I ~ in Rock wi~ Conduit $ 39 00 $ 46 00 ~ ~" Diameter Bore in Dirt with Steel Casin~ 50 ~0I ~~o in ~ck with Stool $ 3000 $ 4~00 5~ 30I ~~ Dirt with ~nduit $ 3~00 $ 2~00 ~ ~o~~'-;,~T'-~'~, ' ' 52 ~0I ~ in Rock wi~ Conduit $ 4000 $ 3~00 I ~~ '~°'~,',-"i-",-~,'- ' ' 53 30I ~~ Dirt with ~nduit $ 38 00 $ 38 00 54 10I ~ in Rock wi~ Conduit $ 42 00 $ 48 00 ~ ~oo-~,,~: ----.-.,-~- ~~n~;'i~"~~i'~'"--','--'-. · · 18" Diameter Bore in Dirt with Steel Casing ~ ~~,~e,~s,~ , ~.oo , ~.oo i ~ea Barco Constructio~ ~ Inc. dba Reaves ' C & C Directional Engineering Boring I ~~S~ck with Steel Denton, TX Shady Shores, TX 56 100~^,~ . ~ - ~.- .. ^ . --,-.' -~a~g-i~i~li;8-.----------, $ .... 42.00 5 48.00 , ~~_~._57 300 ~-^i, ~ ..... i-l-i~e[~.i~-a'l'l!~l' 'i',i -..-' ' -i'iI ~'n Dirt with C°nduit,$ 42.005 28.00 I ~~;l~;d''ith c°nduit $ 47.005 38.00 I I ~t "n~',nes ,ns aa ,n '~:eWli~aCsi%~duit $ - $ 40.00 ,'duit , -, 0.00 20" Diameter Bore in Dirt with Steel Casing 61 300 20" Diameter Bor~isnt~ier;with Steel Casing $ - $ 40.00 I ~-^--, ~_,h,-~.~..,I ~~eCdk with Stee~, $ - $ 50.00 I ~-''~-', ~~__,.~I ~e.~i'''-'~'''''~i', $ 46.00 5 32.00 I ~~;~i;ZithC°nduit $ 50.00 5 42.00 I ~-- 65 30I ~'n Dirt with Conduit $ $ 44 00 66 10I ~ in Rock with Conduit $ $ 54 00 I 66 100 -' ~;;~'~';s~r~ .... - ' I 24" Diameter BoreeinDirtin Dirt with Steel Casing 67 300 24" Diameter '°rinstalledwith Steel Casing $ - $ 44.00 68 100 ;;':DimTt~ ~°r tSeCn $ _ $ 54.0024" Dimeter Bore in Rock with Steel Casing ,ooo ""* I ~ith Conduit/l_ine(s) 70 400 $ 11250 $ 8010 8" Bore in Dirt with Conduit/kine(s) installed I ~ith Conduit/l_ine(s) 72 400 $ 12000 $ 11220 72 400 ]^,, ] in~t.all~d, n ~ee..i ~a,s!,n,,g. -;-i ' ' I ~th Conduit/Line(s) 73 400 $ 90 00 $ 85 00 73 400 .~i, ~ i;;!;i~a' (r~'~!!;~;!i'!i,".'-'7'. ' ' I ~ith Conduit/Line(s) 74 100 $ 13500 $ 14025 I ~th Conduit/Line(s) 75 300 $ 10000 $ 8500 · . I ~ith Conduit/l_ine(s) 76 100 $ 15000 $ 14025 I ~th Conduit/Line(s) 77 300 $ 13500 $ 10850 I ~th Conduit/Line(s) 78 100 $ 20000 $ 17~02 I ~th Conduit/Line(s) 7~ 300 $ 14500 $ 11600 79 300 .ii, ~ i;:l;i~' (r~'!!!~!i'!!".'-'7'. ' ' I ~ith Conduit/Line(s) 80 100 $ 21500 $ 191 40 I ~th Conduit/Line(s) 81 300 $ 15500 $ 11700 I ~ith Conduit/Line(s) 82 100 $ 230 00 $ 193 05 Barco Constructio~ ~ Inc. dba Reaves ' C & C Directional Engineering Boring I Princip~,,e~Place. of...B~si~,e~: ........ Denton, TX Shady Shores, TX I ~th Conduit/Line(s) 83 300~^"~ - ~' -"~ '-,,. ' -- -- '~t~il;~l' [r~'~ib;iw~i'~".'-'w', $ 165.005 117.00 I ~ith Conduit/Line(s) I 84 100 -~'~r~--'w"-' $ 245.00 $ 193.05 I I ~th Conduit/Line(s) I ~ith Conduit/Line(s) 86 100~^-- -- -'- '" ~--",~'- ' ' ---,.- Wir~si~li~-i'~ '~i~'e~- ~?r~-" ' ~'~' $ 275.005 237.60 I ~th Conduit/Line(s) I ~~..~...;..~i...~7, , ~o~.oo , ~.oo I ~th Conduit/Line(s) I 88 100 -~?~-" ' ~'~ $ 305.005 272.25 I ~it Conduit/Lines(s) I ~ith Conduit/Line(s) ~o ~oo -i?!'i:!-!;'!?;:;~'f!!i~'''IT * ~2o.oo, ~.~ I ~th Conduit/Line(s) 91 300 ,~ ~ '~; ::;i~' !r~ '~!!;l~!i'!!.".' ~'i'' $ 225.005 231.00 I ~th Conduit/Line(s) I ~th Conduit/Line(s) I ~ith Conduit/Line(s) 94 100 $ 415 00 $ 435 60 I ~th Conduit/Line(s) 95 300 $ 405 00 $ 297 00 ~ ~oo~.----.---~--.~.----;~"~'~'~'-~i'~".'-'-'. · · I ~ith Cond~Line(s) ~ ~oo $ ~o~oo $ 4~oo~ Bid Bond _ YES YES I Addendum 1 YES YES I ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR WET, DRY, AND AUGER BORING SERVICES FOR VARIOUS CITY DEPARTMENTS; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (BID 3156-WET, DRY, AND AUGER BORING AWARDED TO C&C DiRECTiONAL BORING iN THE ESTIMATED AMOUNT OF $250,000). 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 3156 C&C Directional Boring. Exhibit A 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 ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-315 6 Page 2 of 2 Bid # 3156 Exhibit A Date: 5/25/04 Annual Contract For Wet, Dry & Auger ~ C & C Directional Boring I Principle Place of Business: Shady Shores, TX Directional Bores Wet 1" Diameter Boreein Didwin Dirt w/Conduit Line(s) 1 20,000 1" Diameter B°rinstalled/C°nduit Line(s) $ 6.00 ~~;l~w/Conduit Line(s) $ 12 00 ..... installed ' 2" Diameter Boreein Didwin Dirt w/Conduit Line(s) 3 4,000 2" Diameter B°rinstalled/C°nduit Line(s) $ 6.00 ~~;k.w/Conduit Line(s) $ 12 00 .... installed ' ~'t w/Conduit Line(s) ....... '-'$ 14.00 ~ck w/Conduit Line(s) 6 200 ......... ~ -C¥;;n¥ ....... '-' $ 20.00 2" Diameter BorereinDirtin Dirt w/Steel Casing , 2000 2" Diameter B°in~t.qllCd w/Steel Casing $ 14.00 ~m_P~oc~ w/Steel Casing $ 20 00 .... installed ' 4" Diameter Boreein Didwin Dirt w/Conduit Line(s) 9 4000 4" Diameter B°rinstalled/C°nduit Line(s) $ 6.00 4" Diameter BoreinRocin Rock w/Conduit Line(s) 10 400 4" Diameter B°re installekdW/C°nduit Line(s: $ 12.00 ~t w/Conduit Line(s) 11 2 000 $ 14 00 11 ....... '-' . ~ck w/Conduit Line(s) 12 200 $ 20 00 4" Diameter Bore in Dirt with Steel Casing ~ck. with ..... Steel Casing $ 20.00 ,...... i--I~-nsta led ........ ~~;tl~ith C°nduit $ 10.00 ~~edW.,ilh~C°nl ~,it $ 16.00 17 2 00~'n Dirt with Conduit $ 18 00 18 20~ in Rock with Conduit $ 24 00 18 200 - .... · ~rt .with Steel Casing $ 18 00 ...... installed ' 6" Diameter BoreinRocin Rock with Steel Casing 20 200 6" Diameter '°re installekdwith Steel Casing $ 24.00 21 400~'n Dirt with Conduit $ 11 00 21 4000 .......... ~~1;~ ........... ' 22 40~ in Rock with Conduit $ 22 00 23 100~'n Dirt with Conduit $ 21 00 23 1000 - ~ie;i-~s~'~-'- ' ~~sCtkeeWl i~hasCi(~duit . 8" Diameter Boreein Didwin Dirt with Steel Casing 25 1000 8" Diameter B°rin~t.qllC'dith Steel Casing $_..~ ~..~_ 21.00 ~~;k.with Steel Casing $ 32 00 ..... ·...... insta, lle~d......... ' 27 400~n Dirt with Conduit $ 15 00 ........... . ~ C & C Directional Boring I Principle Place of Business: Shady Shores, TX ~ in Rock with Conduit 28 400 .......... FFe' ' ............. $ 24.00 ~n Dirtwith Conduit 29 2000 -- -~~;" '(~'~s~-n-~ .... $ 25.00 ~ in Rock with Conduit 30 200 -- ~~;~ '~'~s~r~ .... $ 34.00 10" Diameter BoreeinDirtin Dirt with Steel Casing 31 1000 10" Diameter B°rinstalledwith Steel Casing $ 25.00 ~ore in Rock with Steel 32 100 ........ ~~i Fe-~l ............ $ 34.00 ~'n Dirtwith Conduit - 33 300 ......... ~aii~.~ ........... $ 18.00 ~ in Rock with Conduit 34 100 .......... ~l-I~'d' ............. $ 28.00 ~'n Dirtwith Conduit 3~~i -(~a;i-r;~ .... $ 29.00 ~ in Rock with Conduit 36 1 O0 $ 39 O0 12" Diameter Bore in Dirt with Steel Casing ~ore in Rock with Steel 38 100 ........ ~~1~1 ............ $ 39.00 ~'n Dirtwith Conduit 39 300 ......... ~aii;~' ........... $ 22.00 ~ in Rock with Conduit 40 100 .......... -~i;~is~) ';~ ;;;1~';'d' ............. $ 32.00 ~'n Dirtwith Conduit 41 300 $ 34 00 ~ in Rock with Conduit 42 100 $ 44 00 42 100 _ ~;;~ '~';s~r~ .... ' 14" Diameter BoreeinDirtin Dirt with Steel Casing 43 300 14" Diameter B°rinstalledwith Steel Casing $ 34.00 ~ore in Rock with Steel 44 100 ........ ~~1~1 ............ $ 44.00 ~'n Dirtwith Conduit 4~~Fl~.~ ........... $ 24.00 ~ in Rock with Conduit 46 100 .......... ~l-I~'d' ............. $ 34.00 ~'n Dirtwith Conduit 47 300 $ 36 O0 ~ in Rock with Conduit 48 100 $ 46 00 48 100 -- ~;;F~';s~F~ .... ' 16" Diameter BoreeinDirtin Dirt with Steel Casing 49 300 16" Diameter B°rinstalledwith Steel Casing $ 36.00 ~ore in Rock with Steel 5O 100 $ 46 00 50 lOO ......... ............ · ~'n Dirtwith Conduit 51 300 $ 26 00 51 300 .......... ai'g ............. ' ~ in Rock with Conduit 52 100 $ 36 00 52 100 ........... ~l-I~'d .............. ' ~'n Dirtwith Conduit 53 300 $ 38 00 53 300 '- ~iggi'~'a~i~g .... ' ~ in Rock with Conduit 54 100 $ 48 00 54 100 ~ ~]~i'~'~l ........ ' 18" Diameter BoreeinDirtin Dirt with Steel Casing 55 300 18"DiameterBor__.. _with SteelCasing $ 38.00 installed ~ C & C Directional Boring Principle Place of Business: Shady Shores, TX ~~ai~te~ith C°nduit $ 28.00 ~~a°~ekdWith C°nduit $ 38.00 ~~ewli~aCs~n~dUit $ 40.00 20" Diameter BoreeinDirtin Dirt with Steel Casing 61 300 20" Diameter B°rinstalledwith Steel Casing $ 40.00 ~~irllte~ith C°nduit $ 32.00 ~~a°~lekdWith C°nd uit $ 42.00 65 30~'n Dirt with Conduit $ 44 O0 65 300 -' fi;;'i~ii;~;I;~'i;~i;;i'~'a~i~--" ' 66 10~ in Rock with Conduit $ 54 00 66 loo -' ~;;i'~';~i~ .... · 24" Diameter BoreeinDirtin Dirt with Steel Casing 67 300 24" Diameter B°rinstalledWith Steel Casing $ 44.00 24" Dimeter BoreinRocin Rock with Steel Casing 68 100 24" Dimeter B°re installekdwith Steel Casing $ 54.00 Dry Auger Bore ~t/Line(s) installed ~ith Conduit/Line(s) 7O 4OO $ 89 10 70 400 installedin Steel Casing '' ' ~t/Line(s) installed _, .... ~ith Conduit/Line(s) 72 4OO $ 112 2O 72 400 installedin Steel Casing '' ' ~th Conduit/Line(s) 73 4OO $ 85 00 ~ith Conduit/l_ine(s) 74 100 $ 140 25 ~ m .... ~;e~'a~;; ..... '-~ · ~th Conduit/Line(s) 75 300 $ 85 00 ~ith Conduit/l_ine(s) 76 100 $ 140 25 ~ ~ .... ~;e~'a~;; ..... '-~ · ~th Conduit/Line(s) 77 300 $ 108 50 77 300 installedin Steel Casing '~ ' ~th Conduit/Line(s) 78 100 $ 17~ 02 78 ~00 installedin Steel Casing '~ ' ~th Conduit/Line(s) 7~ 300 $ 116 00 ~ith Conduit/l_ine(s) 80 100 $ 1~1 40 80 loo ---~;e~;~;; ..... '~ ' ~th Conduit/Line(s) 81 300 $ 11700 81 300 '- -~e¥~'-~'--'''-'-~~e~a~,ng · ~ C & C Directional Boring I Princip, ^,l,e~Plac.e ~ B~sin.~,s~ ........ Shady Shores, TX ~ith Conduit/Line(s) 82 100 -- - - ~~e~ (~'~r~ ..... '-' $ 193.05 ~th Conduit/Line(s) 83 300~^"~ ' ~' "'~ '-:,, ' -- -- ~;t~il~l' ir~'~i;~l-~';;i'~".'-'-', $ 117.00 ~ith Conduit/Line(s) 84 100 .... ~;e~- -C~r~ ..... '-' $ 193.05 ~th Conduit/Line(s) 8~, ~s~ii',,g,-; ~-'7'' $ 144.00 ~ith Conduit/Line(s) 86 100 .... ~~e~ ~';~r~ ..... '-' $ 237.60 ~th Conduit/Line(s) 8~e;i-~;i';~" '-'-' $ 165.00 ~th Conduit/Line(s) 88 100 .... ~e~- ~'~;?~ ..... '-' $ 272.25 ~it Conduit/Lines(s) 89 300 .... ~~¢ ~;i~'~ --'-' $ 207.00 ~ith Conduit/Line(s) 90 100 .... ~;e~'a~r~ ..... '-' $ 341.55 ~th Conduit/Line(s) 91 300 -- --~e;I-~i~" '-'-' $ 231.00 ~th Conduit/Line(s) 92 100 -- - - ~e~'(~'~,~?r;~ ..... '-' $ 381.15 ~th Conduit/Line(s) 93 300 $ 264 O0 93 300 ,~i ,,- ?~ '~!; i~l' (r~ '~!! ~l~';!i'! ~".' - 'i ', ' ~ith Conduit/Line(s) 94 1 O0 $ 435 60 94 100 -- - - ~;e~ (~';~r~ ..... '-' ' ~th Conduit/Line(s) 95 3OO $ 297 O0 ~ith Conduit/Line(s) 96 1 O0 $ 490 05 96 lOO .... ..... AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET June 15, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Tom Shaw 349-7100 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the purchase of a Loader Backhoe with extendable dipper boom for the Electric Distribution Department; providing for the expenditure of funds therefore; and providing an effective date (Bid 3174-Loader Backhoe with Extendable Dipper Boom awarded to Continental Equipment Company L.P. in the amount of $60,150). BID INFORMATION This bid is for the purchase of a Loader Backhoe with extendable boom for the Electric Distribution Department with a 36-month guaranteed buy back agreement. The backhoe is powered by an EPA Tier II compliant diesel engine. This unit is a replacement for a similar unit that is being returned to the supplier as part of a 3-year buy back agreement approved by Council in April of 2001. RECOMMENDATION We recommend award of this item to Continental Equipment Company, L.P. in the amount of $60,150. At the end of 36 months, Continental Equipment Company will buy back the Loader Backhoe for $27,228.80. Therefore, the actual net cost for this unit will be $32,921.20 PRINCIPAL PLACE OF BUSINESS Continental Equipment Company L.P. Dallas, TX ESTIMATED SCHEDULE OF PROJECT Delivery can be made within 45-60 days. FISCAL INFORMATION This item will be funded from account 810001.8235. Agenda Information Sheet June 15, 2004 Page 2 Attachment 1: Tabulation Sheet 1-AlS-Bid 3174 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Bid: 3174 Attachment 1 Date: 6/1/04 Loader Backhoe with Extendable Dipper Boom  Holt Cat Equipment Equipment RDO Equipment Services, inc. Fort Worth, TX Dallas, TX irving, TX irving, TX Euless, TX I _ I ~I Make__ Caterpillar Komatsu New Holland .lohn Deere Case I Delivery aft_er I receipt Of 63 Days 45-60 Days 30-180 Days 60-90 Days 60-90 Days I ~der- I I i~ e ,c ,~,~.oo ,~,~.~o ,~,~.oo ,~o,~o.~ ,~,o~o.oo I ___ __ ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A LOADER BACKHOE WITH EXTENDABLE DIPPER BOOM FOR THE ELECTRIC DISTRIBUTION DEPARTMENT; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (BID 3174-LOADER BACKHOE WITH EXTENDABLE DIPPER BOOM AWARDED TO CONTINENTAL EQUIPMENT COMPANY L.P. iN THE AMOUNT OF $ 60,150). 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 NUMBER VENDOR AMOUNT 3174 Continental Equipment Company L.P. $60,150 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 the day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-Bid 3174 Page 2 of 2 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: June 15, 2004 Parks & Recreation Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, granting, pursuant to Section 20-1 (e)(1)b of the Code of Ordinances of the City of Demon, Texas, an exception to the limitations imposed by that section with respect to sound levels and hours of operations for an outdoor music festival; and proving an effective date. BACKGROUND Bill Allen, President of the North Texas Fair Association, has submitted a request for an exception to the Noise Ordinance for the purpose of the North Texas State Fair and Rodeo to be held each day from August 20th through August 28, 2004, at 2217 North Carroll Boulevard. The requestor is specifically asking for an exception from 12:00 midnight, Monday through Thursday, 1:00 a.m. Friday and Saturday, and 11:00 p.m. on Sunday. The requestor also asks that the exception be granted for a three-year period as has been done in the past. This event has been a major activity for the community and has for 75 years been a cornerstone to the quality of life. The Fair is a part of the heritage of this area and is committed to youth, agriculture, and the community remains their purpose. PRIOR ACTION/REVIEW (Council, Boards or Commissions) None FISCAL INFORMATION None EXHIBITS 1. Ordinance 2. Letter of Request RESPECTFULLY SUBMITTED: Prepared by: Community Events Coordinator Exhibits Ordinance Letter of Request / Janet Simpson, Director Parks and Recreation Department ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO SECTION 20-1(e)(1)b OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT TO SOUND LEVELS AND HOURS OF OPERATIONS FOR AN OUTDOOR MUSIC FESTIVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 2001-227, the City Council granted the North Texas State Fair Association a three-year exception from the requiremems of Section 20-1(c)(2) of the Code of Ordinances of the City of Demon, Texas ("Code") and that exception has expired; and WHEREAS, by Ordinance No. 2001-265, the City Council amended the noise ordinance and exceptions were allowed as to sound levels and hours of operation when the public imerest will be served thereby for outdoor music festivals; and WHEREAS, the North Texas State Fair and Rodeo meets the definition of Outdoor Music Festival pursuam to Section 20-1 (a) of the Code of Ordinances of the City of DeNon, Texas; and WHEREAS, pursuam to Section 20-1(e)(1)b of the Code, North Texas State Fair Association has made application to the City Council for an exception to the provisions of Sections 20-1 of the Code regarding sound levels and time of use of amplified loudspeakers, in connection with the North Texas State Fair And Rodeo annual event held at 2217 North Carroll Boulevard, North Texas State Fairgrounds in Kimbrough Park, and in connection with said request, has requested the exception to be granted on an ongoing basis for said annual event at said location for eleven days between August 15 and August 31 of each year; and WHEREAS, upon prior application and approval by the City Council of the City of DeNon, Texas, North Texas State Fair Association has consistently demonstrated over the past three years an ability to responsibly operate amplified loudspeakers in connection with the North Texas State Fair and Rodeo annual event held at 2217 North Carroll Boulevard, North Texas State Fairgrounds, at time past the hours defined and sound levels allowed by §20-1 of the Code, within the public imerest and without materially disturbing persons of ordinary sensibilities in the immediate vicinity thereof; and WHEREAS, based upon this past history, the City Council of the City of DeNon, Texas finds that granting an exception for this annual event on an ongoing basis for a three-year period, subject to the restrictions contained herein, would serve the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That, pursuant to §20-1(e)(1)b of the Code of Ordinances, North Texas State Fair Association is hereby granted an exception to section 20-1 limitation, for a period of three years, upon the time periods and sound level for outdoor music festivals, subject to the conditions listed below: EXHIBIT 1 1. This exception is grained only in connection with the operation of the North Texas State Fair and Rodeo annual event at 2217 North Carroll Boulevard, North Texas State Fair- grounds, for nine days between August 15 and August 31 of each year. 2. North Texas State Fair Association agrees to take full responsibility for ensuring that the conditions of this exception are met, and to take all reasonable measures necessary to avoid disturbing persons of ordinary sensibilities in the immediate vicinity of the evem. 3. North Texas State Fair Association agrees to cease exceeding the sound levels of Section 20-1(e)(1)(a) at 12:00 midnight Monday through Thursday, 1:00 a.m. Friday and Saturday and from 8:00 a.m. to 11:00 p.m. on Sunday. 4. Under no circumstances shall the annual event permit sound levels to exceed the requiremems of Section 20-1of the Code between the hours of 1:00 a.m. and 7:00 a.m. 5. This ordinance confers no personal or property rights, and may be amended, modified, superseded or revoked in whole or in part at the will of the City Council of the City of Demon, Texas, without any advance warning, hearing or compensation, for any reason at all, or for no reason. 6. This ordinance shall be strictly construed as an exception granted pursuant to §20- l(e)(1)b of the Code of Ordinances of the City of Demon, Texas. The City of Demon, Texas expressly reserves unto itself and all other persons any and all legal remedies, civil or criminal, relating to excessive noise in connection with this annual evem, and hereby dis- claims any promissory or equitable estoppel which might in any way impede the pursuit of such remedies by any person. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval, and expire three years hence, unless sooner repealed, modified or rescinded. PASSED AND APPROVED this the day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: S:\Our Documcnts\Ordinancos\04\nor/h texas lhir noise exception.doc Page 2 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: S:\Our Documents\Ordinanc es\04\nor th texas lhir noise exception.doc Page 3 President: Bi!! A!]en Vice President: Glenn Carat:on R.D, Matin Secretary: Cad Anderson Treasurer: Harry Hall Directors: Eddie Ary Lloyd Batlard Robert Bell Mickie Blagg Danny Brumiey Jerry Cobb Mark Foster Fred Harper Richard; Hayes Wayne Johnson Je!f Krueger Weldon Lucas Dale McKnight Scott Richter Ex-Officio Directors: Mary Horn, County Judge Mike Conduff, City Maaa,ger Chuck Carpenter, President, Chamber of Commerce Executive Director Ken Burdick Denton City Council 215 East Mc~nney Street Denton, Texas 76201-4229 May 10,2004 To Members of the Denton City Council: The North Texas State Fair Association respectfully requests a special exception for the use of loudspe~ers, amplifiers, and musical instruments 'for the purpose of conducting the North Texas State Fair and Rodeo. This is necessary for announcing the Rodeo and having bands on stage. We am asking for the same time as approved in 2001, which is 12:00 midnight, Monday through Thursday, 1:00 a.m., Friday and Saturday, and 11:00 p.m. on Sunday. We also ask that the exception be granted for a three- year period as has been done in the p~t. The location is 2217 North Carroll Boulevard, North Texas State Fairgrounds in Kimbrough Park. The Fair is a major activity of this community and has for 75 years been a cornerstone to the quality of life many of'us hold dear. Definitely a part' of the heritage of this area, the North Texas State Fair and Rodeo continues to hold a place in the hearts and minds of many in the area. Our commitment to youth, agriculture, and co:mmunity remains our purpose. Bill Allen President Executive Director EXHIBIT 2 22t7 NORTN CARROLL ?,O, BOX 1,695 DENTON TEXAS 76202 (940) 387-263:2 FAX (940} 382-776;3 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: June 15, 2004 Parks & Recreation Howard Martin, 349-8232 SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of the Apollo Nights Series on Sunday, June 20th, Sunday, June 27th, Sunday, July 4~h, July 11~h, July 18~h, and July 25~h at Fred Moore Park, from 6:00 p.m. to 10:00 p.m. The requestor is specifically asking for an exception to all dates to allow live music on Sunday. BACKGROUND Harold Jackson has submitted a request to have talent shows with live music in Fred Moore Park. The activity is to help encourage youth to increase their performance ability and provide a safe environment for entertainment. The main source of noise from the activities will be the use of speakers for the entertainer's music. The exception is requested in accordance to Ordinance No. 2001-265, Section 20-1, #4 General Noise Violations: "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 (2E) at any time on Sunday." The surrounding area consists mainly of residential neighborhoods, with Oakwood Cemetery to the north side. PRIOR ACTION/REVIEW (Council, Boards or Commissions) None FISCAL INFORMATION None EXHIBITS 1. Letter of Request RESPECTFULLY SUBMITTED: Prepared by: Community Events Coordinator Janet Simpson, Director Parks and Recreation Department Harold Jackson 515 Smith St. Denton, TX 76201 940/383-7891 May 18, 2004 Mayor and Members of the City Council: I would like to request an exception to the noise ordinance for day of the week. The exception is for the Apollo Nights event to be held on Sunday evenings beginning June 20 and 27th, July 4th, 11th, ~18th, and 25th. The hours would be from 6:00 p.m. to 10:00 p.m. Apollo Nights host local talent shows for youths and is held in the Fred Moore Park. Music is played on a radio from 6:00 p.m. umil 8:30 p.m. and then the talent show begins at 8:30 p.m. until approximately 9:30 p.m. The event will end in time to for audience to leave the park before it closes at 10:00 p.m. I anticipate approximately 150 people to attend the event. The program helps encourage youths to increase their performance ability and provides a safe environmem for fun and entertainment. Sincerely, EXHIBIT 1 AGENDA INFORMATION SHEET AGENDA DATE: June 15, 2004 DEPARTMENT: ACM: Solid Waste Howard Martin, Utilities 349-8232 SUBJECT Consider adoption of an ordinance of the City of DeNon, Texas authorizing the City Manager to execute a Professional Services Agreement with R. W. Beck, Incorporated, Austin, Texas, for consulting services pertaining to the preparation of a Solid Waste Cost of Service Analysis and Rate Design; authorizing the expenditure of funds therefor; and providing an effective date. BACKGROUND Denton's utilities (electric, water, and wastewater) traditionally contract for outside engineering and consulting services to perform cost of service and rate design analyses approximately every five to seven years. During interim years, staff performs these studies utilizing the software provided by the consultams. Periodic cost of service and rate design analyses performed by industry consultants provides professional expertise in reviewing all departmental costs and their associated allocations among the department's various rate classes. This process ensures that equitable rates are established which recover all costs associated with each customer rate class, and that the most recent processes are being utilized in the review and analysis. Staff is not aware of Denton's solid waste department previously utilizing a consultant to perform a solid waste cost of service analysis or rate design. The Solid Waste Department has historically performed these functions in-house. Staff met with the R.W. Beck, Incorporated consultams and discussed the solid waste cost of service analysis and rate design. R.W. Beck, Incorporated has a prominent history of performing solid waste cost of service analyses throughout the United States, and developed the Municipal Solid Waste Services Full Cost Accounting Workbook for the State of Texas in 1994. R.W. Beck's ability to comprehend DeMon's issues, their experience in the industry, and their project team's qualifications are major poims in staff's decision to recommend R.W. Beck for this work. The project team will include David Yanke and Scott Pasternak, both of whom are well known in the solid waste industry, having both published numerous articles concerning a wide variety of solid waste issues. These personnel have also performed numerous North Cemral Texas Council of Govemmem research and analysis projects concerning many solid waste technical issues. In considering comparable work, R.W. Beck has been involved in numerous solid waste cost of service analyses in Texas, recently completing analyses for the cities of Huntsville, Grand Prairie, Killeen, Austin, and Dallas. Completion of DeMon's solid waste cost of service and rate design is projected to take no longer than 120 days from the date of the initial kick-off meeting. Prior City of Demon analyses performed by R.W. Beck, Incorporated includes: 1. Upper Trinity Regional Water District Cost of Service and Wholesale Rate Design - 1998 2. Water/Wastewater Cost of Service and Rate Design - 1999 3. Valuation Study of Vacation Village M.H.P. - 1999 OPTIONS 1. Approve staff's recommendation to utilize the services of R.W. Beck, Incorporated to complete Denton's solid waste cost of service and rate design analyses. 2. Reject staff's recommendation to utilize the services of R.W. Beck, Incorporated to complete Denton's solid waste cost of service and rate design analyses. Select another consultant to perform the services, or perform the services using in-house staff. RECOMMENDATION Staff recommends the approval of R.W. Beck, Incorporated to perform the solid waste cost of service and rate design analyses for an amoum not to exceed $47,000. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The professional services agreemem with R.W. Beck, Incorporated to perform the solid waste cost of service and rate design analyses for an amoum not to exceed $47,000 was approved by the Public Utilities Board at their meeting of May 24, 2004. FISCAL INFORMATION The professional services agreemem with R.W. Beck, Incorporated to perform the solid waste services is for an amount not to exceed $47,000. Upon completion, the cost of service and rate design analyses will provide the basis for solid waste rates charged to DeMon's customers for the services provided. EXHIBITS 1. Ordinance 2. Professional Services Agreemem 3. PUB Meeting Minutes Respectfully submitted: A. Vance Kemler Director of Solid Waste ORDINANCE NO. 2004- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH R. W. BECK, INCORPORATED, AUSTIN, TEXAS, FOR CONSULTING SERVICES PERTAINING TO THE PREPARATION OF A SOLD WASTE COST OF SERVICE ANALYSIS AND RATE DESIGN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it to be in the public interest to engage R. W. Beck, Incorporated, a Corporation, with offices in Austin, Texas ("Beck"), to provide professional consulting services to the City pertaining to the preparation of a cost of service analysis and rate design for Denton Municipal Utilities, Solid Waste Department ("DMU") in order to ensure that equitable solid waste rates are established which recover all costs associated with each customer rate class, and that the most recent processes are being utilized in the review and analysis; and that this rate design represents the first outside Solid Waste Department rate design; and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-described professional consulting services, and that limited City staff cannot adequately perform the services and tasks with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; 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 consulting 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. W. Beck, Incorporated, a Corporation, Austin, Texas office, for professional consulting services pertaining to the development of a cost of service analysis and rate design for Denton Municipal Utilities, Solid Waste Department, in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference. SECTION 2: That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of Beck and the ability of Beck to perform the services needed by the City for a fair and reasonable price. EXHIBIT 1 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 immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: S:\Our Documents\Ordinances\04LR W Beck Inc-Solid Waste Rate Design-2004.doc STATE OF TEXAS COUNTY OF DENTON PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES RE PREPARATION OF A SOLID WASTE COST OF SERVICE ANALYSIS AND RATE DESIGN THIS AGREEMENT is made and entered into as of the day of ,2004, by and between the City of Denton, Texas, a Texas Municipal Corporation, with its principal offices at 215 East McKinney Street, Denton, Texas 76201 (hereinafter "OWNER") and R.W. BECK, INCORPORATED, a Corporation, with its offices at 5806 Mesa Drive, Suite 310, Austin, Texas 78731 (hereinafter "CONSULTANT"); the parties acting herein, by and through their duly-authorized officers and representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually AGREE as follows: ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the Articles to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. The professional services set forth herein are in connection with the following described project: Professional consulting services for the preparation of a solid waste cost of service analysis and rate design for Denton Municipal Utilities, Solid Waste Department (the "Project"). ARTICLE 1I SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner: Ao To perform all those services and tasks as set forth in CONSULTANT'S proposed letter dated May 10, 2004 which is a three (3) page document from David S. Yanke, Principal of CONSULTANT to Vance Kemler, Director of Solid Waste of OWNER, which letter is attached hereto and incorporated herewith by reference as Exhibit "A". Bo If there is any conflict between the terms of this Agreement and the Exhibit attached to this Agreement, the terms and conditions of the Exhibit shall control over the terms and conditions of the Agreement. EXHIBIT 2 ARTICLE 1II PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in force for the period that may reasonably be required for the completion of the Project, and any required extensions approved by the OWNER; or until the monetary consideration expressed herein is wholly exhausted; or until September 30, 2005, whichever event shall first occur. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedules established by the OWNER, acting through its Director of Solid Waste or his designee. ARTICLE IV COMPENSATION A. COMPENSATION TERMS: "Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any expense reasonably incurred by the CONSULTANT in the performance of this Agreement for airfare, taxi fare, lodging, meals while traveling, parking fees, tolls, automobile rental (when reasonably necessary), ground transportation, long-distance telephone charges, telecopy charges, printing and reproduction costs, and other incidental expenses incurred in connection with the Project. Provided however, any sub-consultant billings reasonably incurred by CONSULTANT in connection with the Project shall be invoiced to OWNER at cost plus ten (10%) percent. B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT based upon the hourly rates set forth in Exhibit "A" which is attached hereto and incorporated by reference herewith; a total guaranteed fee, not to exceed $47,000. Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its Assistant City Manager for Utilities or his designees; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. The OWNER may withhold the final ten (10%) percent of the contract amount until satisfactory completion of the Project. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or his designee, or which is not submitted to the OWNER in compliance with the terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. 2 It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense or reimbursement above the maximum not to exceed fee as stated hereinabove, without first having obtained written authorization from the OWNER. C. PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses within forty-five (45) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said forty-fifth (45th) day, and in addition, the CONSULTANT may, after giving ten (10) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full for all amounts then due and owing, and not disputed by OWNER for services, expenses and charges. Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably determines that the work is unsatisfactory, in accordance with Article IV of this Agreement. ARTICLE V OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any of its subcontractors or subconsultants. ARTICLE VI OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this project and OWNER'S use of these documents in other projects shall be at OWNER'S sole risk and expense. In the event the OWNER uses the Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to this agreement, CONSULTANT is released from any and all liability relating to their use in that project. ARTICLE INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE VIII INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, agents, attorneys 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 fees incurred by the OWNER, and including without limitation damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herein shall waive any of the 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, CONSULTANT 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 A. M. Best Rate Carders of at least an "A-" or above: Comprehensive General Liability Insurance with bodily injury limits of not less than $1 million for each occurrence and not less than $1 million 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. Bo 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 for not less than $100,000 for each accident. Co Worker's Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverage to the extent that is possible. Otherwise CONSULTANT shall furnish to OWNER within 15 days of the date of approval of this Agreement, certificates of insurance evidencing the required coverage. The insurance policies shall name the OWNER as an additional insured on all such policies to the extent legally possible, and shall contain a provision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute policies furnishing at least the same policy limits and coverage to OWNER. ARTICLE X ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may 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, this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval. ARTICLE XI TERMINATION OF AGREEMENT Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by providing thirty- (30) days advance written notice to the other party. Bo 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 will be effected unless the 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 or other reason(s), and not less than (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. Co If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of termination being received by CONSULTANT, in accordance with Article IV of this Agreement. Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT Shall cooperate in providing information to the OWNER and the new consultant. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination but may maintain copies of such documents for its files. CONSULTANT agrees that it shall also fully comply with any and all written requests received fi:om the OWNER, through its Director of Solid Waste, to maintain confidentiality respecting certain designated records, documents, and other written materials related to the Project, which the OWNER reasonably determines is competitively sensitive, and would likely cause damage to the OWNER if disclosed to the public or to any other person, party, or entity. ARTICLE XII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval. of the work by the OWNER shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors, and sub-consultants for the accuracy and competency of their designs or other work performed pursuant to this Agreement; nor shall such approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its officers, employees, agents, subcontractors, and sub-consultants. 5 ARTICLE XIII 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 addresses shown below, by means of U. S. Mail, postage prepaid, certified mail, return receipt requested, unless otherwise specified herein. To CONSULTANT: To OWNER: R.W. Beck, Incorporated Attn: David S. Yanke, Principal 5806 Mesa Drive, Suite 310 Austin, Texas 78731 City of Denton, Texas Attn: Michael A. Conduff City Manager 215 East McKinney Denton, Texas 76201 All notices under this Agreement shall be effective upon their actual receipt by the party to whom such notice is given. ARTICLE XIV ENTIRE AGREEMENT This Agreement, consisting of nine (9) pages and one (1) Exhibit, 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, communications understandings, and agreements which may have been made in connection with the subject matter of this Agreement. ARTICLE XV 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 parties shall reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the original intentions of the parties respecting any such stricken provision. ARTICLE XVI COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended. ARTICLE XVII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE xvm PERSONNEL Ao The CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER. CONSULTANT shall inform the OWNER 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 the CONSULTANT or under its direct supervision. All personnel engaged in performing the work provided for in this Agreement, shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE XIX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER. CONSULTANT shall promptly notify OWNER, in writing, of any change of its name as well as of any material change in its corporate structure, its location, and/or its operations. ARTICLE XX 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. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed. The parties further agree that the provisions of this Article will not be waived unless as herein set forth. ARTICLE XXI MISCELLANEOUS A. The following Exhibit is attached to and made a part of this Agreement: Exhibit "A" --- CONSULTANT'S letter to Kemler (May 10, 2004) 7 CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment made by OWNER under this Agreement, have access to and the right to examine any pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct examinations or audits in compliance with this Article. OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or 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 laws of the State of Texas. Do For the purpose of this Agreement, the key persons who will serve as Project Manager respecting this engagement shall be David Yanke, Principal and Scott Pastemak, Manager of CONSULTANT. However, nothing herein shall limit CONSULTANT from using other qualified and competent consultants and administrative support personnel of their firm to perform the services required herein. Eo CONSULTANT shall commence, carry on, and complete its work on the Project with all applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the provisions hereof. In accomplishing the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carded on by the OWNER. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform professional services under this Agreement. Go The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four (4) original counterparts, by and through its duly-authorized City Manager; and CONSULTANT has executed this Agreement by and through its duly-authorized undersigned officer, on this the day of ,2004. "OWNER" CITY OF DENTON, TEXAS A Texas Municipal Corporation By: Michael A. Conduff, City Manager 8 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: "CONSULTANT" ATTEST: R. W. BECK, INCORPORATED A Corporation By: By: S:\Our Documents\Contracts\04LR W Beck-PSA-Rate Design-Solid Waste~2004.doc 9 EXHIBIT A 5 ~<s~ii'~[~a~:;~~:::~ ~::.';'::~':~:~:.~::'::..-:.::~:~:':~':,::i[~ " .... SCOPE:OF:SERVICES :Task':~:~ Collem~:df'D~i:~i~:~sk:~ii~.:;inclCde ~e ~a!lec~ion:o~.n0~'o~ly.~fina~ei~l ~htd~ -:~Fask ~;?~Finaneials~alysis~ ~0¢ flie 'ifiro~afi~n has b~ .?,fo~ ail.:~f;,~e ¢'].¢"~ ~6iid :~aste.::se~.ices (g~bag~ '~611~aon-.. U on ~e~;~remew'Ol'the prel~m~ ~aft r~o~.~e 55'ask :7, ~repara.tiO. of Motld' ~d:.,~ainmg: ' Oh~:=mmUai basis, ~6Lp~e3~e vafiO~S:'~Whht4fY scenfi/iOs:: L::: ~:: '::::~ · PROJECT TIMiNG'AND FEEs ': ~ 5 ::5: . · -W Beck~d~rsmnds :flxe imPbmnCe~ 0f ~a~: these ~es ~f ~t~aie~ '60mplat~&.i'O~a'fimely-:mmmer. ouf:pr6je6t te~ for:~his 'engagement-will .consist:Of ~Ot examu]~; w~ would:~how flmt:~e disposal Costs is $3'.per mp~}h per:regid~n~ g~blge :colleefi~n4s $3':25 per m~nth; zec~ci~g ~e~ceiore $2.25 ~[ monfl~ etc. ~;bre~?fit'~6u~d also detail generai'fimd:~ransforS, a&ninls~afive' eosts;.e~c~.(al[ nmb~r~:in fltis ex~=p!e are:~ypo~eficaD R.W Beck [~¢Pleased to offer }he~e~S~ees to the Ci~ d~Dent0n ~.:~yomhaw [ny 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 CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES May 24, 2004 Draft 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, May 24, 2004, at 9:00 a.m. in the Service Cemer Training Room, City of Demon Service Cemer, 901-A Texas Street, Denton, Texas. PRESENT: Bill Cheek, Yolanda Guzman, George Hopkins, Charldean Newell, Dick Smith and Don White EX OFFICIO MEMBERS Michael Conduff, City Manager Howard Martin, ACM/Utilities EXCUSED: John Baines CONSENT AGENDA: 1) Consider approval of a professional services agreement with R.W. Beck, Incorporated for professional consulting services to provide the Solid Waste Department with a cost of service analysis and rate design, in an amount not to exceed $47,000. 2) Consider the purchase of certain real property, consisting of a certain 3.6469 acre tract of land located (the "Brown Tract") in the Gideon Walker Survey, Abstract No. 1330, Demon, Demon County, Texas, by the City of Denton Solid Waste Department; said purchase being for the purpose of DMU Landfill expansion. Board Member Dick Smith moved to approve consent agenda items #1 and #2, with a second from Board Member George Hopkins. The motion passed by a vote of 6-0. Page ] ofl EXHIBIT 3 AGENDA DATE: DEPARTMENT: CM/ACM/ACM: AGENDA INFORMATION SHEET June 15, 2004 Engineering Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an Ordinance of the City of DeNon authorizing the City Manager or his designee to execute Amendmem No. 1 to an agreemem (Comract No. 18-3XXH7002, CS J: 0135-10-023) with TxDOT, in the amoum of $202,443.94, for the "furnishing and installing of traffic signal equipmem by a municipality" as it relates to various traffic control signal components for the construction of US380/University Dr. between Elm St and Loop288 BACKGROUND On June 28, 2002 TxDOT consummated an agreemem (Comract No. 18-3XXH7002, CSJ: 0135-10- 023) for "the furnishing and installing of traffic signal equipmem by a municipality" in the amoum of $24,637.37 for the upgrade of various traffic control signal equipment at the intersection of US77/Locust St. and US380/University Dr. Because the amoum was under $25,000, Jerry Clark, Assistant Director- Streets, Drainage and Traffic executed the agreement on the City's behalf. Since the beginning of construction of US380/University Dr. from Elm St. to Loop288, it has become apparent to the contractor, the City and TxDOT that because of the age of the existing traffic control signal equipment throughout the project, that signal coordination and other aspects needed for the construction were not available or difficult to implement. As such, TxDOT has proposed an amendment to the original agreement so as to provide for the upgrades of various equipment for the imersections of US380/University Dr. at: · Elm St. · Locust St. · Bell Ave. · Ruddell St. · Nottingham Dr. · Old North Rd. and · Loop288 · A system master to be located at the traffic control center in theamoum of $202,443.94. This equipmem will be purchased by the City in order for the equipmem to meet the City's standards/ compatibility and then TxDOT will reimburse the City up to $202,443.94 for the equipmem, as indicated in the agreemem. City staff has worked with TxDOT to provide them with a listing of the equipment needed in order to be compatible with the latest equipmem being used by the City. City staff has reviewed the itemization of the equipment attached to the agreement and concurs that it is what was originally provided to TxDOT by the City and that the costs are in agreement with the current equipment distributors' pricing. Page 1 OPTIONS 1. Approve the ordinance 2. Approve the ordinance with conditions 3. Not approve the ordinance RECOMMENDATION Staff recommends approval of the Ordinance of the City of DeNon authorizing the City Manager or his designee to execute Amendment No.1 to an agreement (Contract No. 18-3XXH7002, CSJ: 0135-10- 023) with TxDOT, in the amoum of $202,443.94 for the "furnishing and installing of traffic signal equipment by a municipality" as it relates to various traffic signal control components noted on the amendment's attachment and as it relates to the construction of US380/University Dr. PRIOR ACTION/REVIEW On June 28, 2002 TxDOT consummated an agreemem (Comract No. 18-3XXH7002, CSJ: 0135-10- 023) for the "furnishing and installing of traffic signal equipmem by a municipality" in the amoum of $24,637.37 for the upgrade of various traffic signal comrol equipmem at the imersection of US77/Locust St. and US380/University Dr. Because the amoum was under $25,000, Jerry Clark, Assistant Director- Streets, Drainage and Traffic executed the agreement on the City's behalf. FISCAL INFORMATION The City will purchase the traffic comrol signal equipmem needed for the upgrade of various traffic signal control components in accordance with the itemization provided in the attachment to the amendment. This is so that this new equipment will be compatible with the latest City equipment. The City will then be reimbursed by TxDOT, when invoiced, up to $202,443.94. City staff has estimated the costs based upon currem discussions with the manufacturer(s), the total of which is $202,443.94, and provided the costs of each of these items to TxDOT for inclusion into the agreement. It is not expected that the cost estimates will exceed the estimate, but could be somewhat less in final negotiations with the manufacturer(s). The TxDOT subcomractor will be installing this new equipmem at TxDOT's cost. Some City staff time will be required for minor supplememal inspection/review in order to be sure TxDOT's installation meets City requirements. ATTACHMENTS 1. Ordinance and Amended Agreemem Prepared By: David Salmon, Assistant Director Engineering Respectfully submitted: Charles Fiedler Director, Engineering Page 2 ORDINANCE NO. 2004- AN ORDINANCE APPROVING AMENDMENT NO. 01 TO AN AGREEMENT FOR THE FURNIS~G AND INSTALLING OF TRAFFIC SIGNAL EQUIPMENT DATED JUNE 28, 2002 BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION; AND PROVDING AN EFFECTIVE DATE. WHEREAS, the State of Texas acting through the Texas Department of Transportion (TxDot") entered into an agreement dated June 28, 2002 to furnish and install traffic signals at the intersection of US 380 and Locust (the "Agreement"); and WHEREAS, it has become necessary to amend the Agreement to add additional traffic signals at additional intersections within the City of Denton, as more particularly described in Amendment No. 01 attached hereto and made a part hereof by reference (the "Amendment"); and WHEREAs, the City Council finds that the Amendment is in the public interest; 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 as if fully set forth herein. SECTION 2. The Amendment is hereby approved and the City Manager, or his designee is hereby authorized to enter into the Amendment on behalf of the City and to carry out the rights and duties of the City under the Amendment. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .. ,2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS HERBERT BY: EULINE BROCK MAYOR County: Denton CS J: 0135-10-023 Ag reement No: 183XXH7002 STATE OF TEXAS § COUNTY OF TRAVIS § AMENDMENT NO. 0..!1 AGREEMENT FOR THE FURNISHING AND INSTALLING OF TRAFFIC SIGNAL EQUIPMENT BY A MUNICIPALITY THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Denton, acting by and through its duly authorized officials, hereinafter called the Local Government. WITNESSETH WHEREAS, the State and the Local Government executed a contract on June 28, 2002 to effectuate their agreement to furnish and install traffic signals at the intersection of US 380 and Locust ' and, WHEREAS, Article 3, Compensation states the maximum amount under this agreement without modification is $24.637.37. WHEREAS, it has become necessary to amend that contract; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Government do agree as follows: AGREEMENT Article 1. Description of Amended Items WHEREAS, the State will reimburse the City the cost of furnishing and installing traffic signal equipment at the intersections of US 380 at Locust, US 380 at Elm, US 380 at Bell, US 380 at Ruddell, US 380 at Nottingham, US 380 at Old North and US 380 at Loop 288. 2. Article 3, Compensation, Paragraph 3, the maximum amount under this agreement without modification is $202,443.94. A Revised Exhibit "A" is included as part of this Amendment. All other provisions of the original contract are unchanged and remain in full force and effect. Article 2. Signatory Warranty The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the organization they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. LOCAL GOVERNMENT City of Denton Name of Local Government By: Signature Printed Name Title Date THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: William L. Hale, P.E. District Engineer Title Date Revised Exhibit "A" Cost Estimate for: US 380 at Elm & US 380 at Locust Amount Cost per unit Subtotal NEMA P44 Local Cabinet 1 6415.00 6415.00 Econolite ASC/2S2100 controller I 2103.40 2103.40 EDI SSM 12LE Signal monitor 1 573.60 573.60 Solo 3 camera video detection 1 12980.00 12980.00 Spread spect~'um radio & hardware 1 " 1647.30 1647.30 Installation labor 1 853.56 853.56 Supervisor cost 1 260.16 260.16 Sub Total Per Intersection 24,833.02 Cost Estimate for: US 380 at Bell, US 380 at Nottingham, US 380 at Ruddell and US 380 at Old North Amount Cost per unit Subtotal NEMA P44 l'ocal Cabinet 1 6415.00 6415.00 Econolite ASC/2S2100 controller 1 2103.40 2103.40 EDI SSM 12LE Signal monitor 1 573.60 573.60 Solo 6 camera video detection 1 16940.00 16940.00 Spread spectrum radio & hardware 1 1647.30 1647.30 Installation labor I 853.56 853.56 Supervisor cost 1 260.16 260.1~ Sub Total Per Intersection 28,793.02 Cost Estimate for: US 380 at Loop 288 Amount Cost per unit Subtotal NEMA P44 Local Cabinet 1 6415.00 64i5.00 Econolite ASC/2S2100 controller 1 21'03.40 '2103.40 EDI SSM 12LE Signal monitor 1 573.60 573.60 Solo 6 camera video detection 1 23,470.00 23,470.00 Spread spectrum radio & hardware 1 1647.30 1647.30 Installation lal~0r 1 853.56 853.56 Supervisor c°s't ' I 260.16 ~60.16 Sub Total Per Inter'Section 35,323.02 *Econlite ASC/2M-1000 System Master 1 2,282.80 2,282.80 *Located at traffic control center. $202,443.94 Total 7 Intersections + System Master Sheet 1 of 1 AGENDA INFORMATION SHEET AGENDA DATE: June 15, 2004 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 0.593 acre public utility easement and an approximate 0.870 acre temporary construction easement both of which are out of a parcel or tract of land described in that certain deed to Dana J. Beavers as recorded in Volume 3373, Page 10 of the Real Property Records of Denton County, being located in the M.E.P. & P. R.R. Survey, Abstract No. 927 in Denton County, Texas and being part of a tract or parcel of land owned by Dana J. Beavers, 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; authorizing the City Attorney to institute legal action to obtain a court order to enter the subject property to perform a survey; and declaring an effective date. BACKGROUND The City of Denton Engineering Department has been charged with the task of relocating those water and sewer facilities that will be in conflict with the proposed paving & drainage infrastructure associated with the widening of the State Highway Loop 288. All facets of the utility relocation project have an inherent urgency, so as not to further delay the highway widening schedule. Design of the utility relocations is currently underway and it is necessary to enter Ms. Beavers' property in order to accurately define the scope of the improvements, in plan form, for bidding purposes. Ms. Beavers was contacted and a request to enter her property for project survey was made. Ms. Beaver's husband, Randy Smith, informed staff that he and his wife have outstanding issues with the City involving a damage claim to their property from several years ago. Mr. Smith informed staff that if a damage payment was made to them now, then they would give permission to enter the property for surveying purposes. Further inquiries were made by staff to Mr. Smith to further define the prior damage claim with no response. Staff is poised to address the merits of the prior damage claim, but the urgency of the project at hand requires that they be handled as separate issues. We were able to develop the necessary permanent easement and temporary construction easement without having to enter the Beavers' property. At this juncture, our best strategy to move forward with the project, is to make an offer for the easements based on an independent appraisal, and if that offer is refused, then we can file the case and request authorization from the Court to enter the property. Then we will be able to finalize the utility construction plans, and subsequently install the utility facilities, once possession of the necessary easement tracts has been awarded. 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 Winter 2004 PRIOR ACTION/REVIEW None. FISCAL INFORMATION Just compensation as determined by independent appraisal. which will be made available at the Council meeting. ATTACHMENTS > Site map > Draft ordinance Appraisal is in progress, the results of Prepared by: Paul Williamson Real Estate & Capital Support Manager Respectfully submitted: Charles Fiedler, Director Engineering Department ',OUNTY ;OURT lOUSE ~OY H. ANIMAL CONTROL ' ~MEY MAC PARK MACK PARK DUCHESS Beovers Easement Acquisition Location ST. MORSE KARINA ~ DEER TR. POWER LANT ROAD ;OLDEN TRIANGLE MALL S P ORDINANCE NO. AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.593 ACRE PUBLIC UTILITY EASEMENT AND AN APPROXIMATE 0.870 ACRE TEMPORARY CONSTRUCTION EASEMENT BOTH OF WHICH ARE OUT OF A PARCEL OR TRACT OF LAND DESCRIBED IN THAT CERTAIN DEED TO DANA J. BEAVERS AS RECORDED IN VOLUME 3373, PAGE 10 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, BEING LOCATED IN THE M.E.P. & P. R.R. SURVEY, ABSTRACT NO. 927 IN DENTON COUNTY, TEXAS AND BEING PART OF A TRACT OR PARCEL OF LAND OWNED BY DANA J. BEAVERS, 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; AUTHORIZING THE CITY ATTORNEY TO INSTITUTE LEGAL ACTION TO OBTAIN A COURT ORDER TO ENTER UPON THE SUBJECT PROPERTY TO PERFORM A SURVEY; 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 the real property interests as hereinafter described; and WHEREAS, the hereinafter described property is believed to be owned by Dana J. Beavers aka Dana J. Smith (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 public utility easement in the name of the City of Denton, Texas for the construction, reconstruction, installation and maintenance of public utilities, in, over, on, across, and under that certain tract or parcel of land containing approximately 0.593 acre (the "Permanent Public Utility Easement") and being out of that certain parcel or tract of land containing approximately 9.917 acres of land (the "Parent Tract") described in that certain deed to the Owner recorded in Volume 3373, Page 10 of the Real Property Records of Denton County, Texas. The Permanent Public Utility Easement is 20 feet wide running parallel with and immediately adjacent to the fight-of-way line of Loop 288; 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 0.870 acre (the "Temporary Construction Easement") and being 30 feet wide running parallel with and immediately adjacent to the Permanent Public Utility Easement within the Parent Tract. The Temporary Construction Easement is for use for access, staging, and placement of materials, equipment and supplies in conjunction with construction activities for the construction and installation of public utilities provided for by the Public Utility Easement (the "Construction Activities"), with said Temporary Construction 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 Easement property, which ever occurs first. The Public Utility Easement and Temporary Construction Easement are hereinafter collectively called the "Easements". The City shall have the fight, as the dominant easement owner, to prohibit any use of the Permanent Public Utility Easement which would unreasonably interfere with the nature, purposes, scope, and intent of the public utility facilities including, but not limited to, the right to prevent drilling or excavating activities and permanent structures with the Permanent Public Utility Easement boundaries. The Owner will have the fight of access across the Easements. SECTION 2. The Owner has refused to give the City permission to enter upon the Parent Tract to perform a survey for the Project. Therefore, the City Attorney, or his designee, is hereby authorized to file any legal action he deems appropriate to obtain a court order to permit entry on the Parent Tract to perform the survey. SECTION 3. The City Manager or his designee is hereby authorized and directed to make an offer to the Owner in the amount of $ as just compensation for the Easements based an amount determined by an independent fee appraisal obtained by the City. 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 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 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 ., 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Page 2 S:Our Docunl~lt ~Ordhlmlce~04 Beavers Cond~mlation DOC APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 3 S:Our Docum~lts Ordhlances 04 Beax ers Condemnation DOC AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET June 15, 2004 Fiscal Operations Kathy DuBose SUBJECT Consider approval of a resolution of the City of Denton, Texas, approving the 2005 Budget of the Denton Central Appraisal District; and providing an effective date. BACKGROUND The Texas Property Tax Code requires taxing jurisdictions to approve or disapprove their Appraisal District budget within 30 days after its adoption by the Appraisal District's Board of Directors. The Appraisal District's Board of Directors met on May 27, 2004, to discuss and adopt the budget. The City's allocation for the Appraisal District's 2005 Budget is included in the 2004-05 Proposed General Fund budget. FISCAL INFORMATION The proposed budget allocation to the City of Demon is $12,456 greater than last year, (2004 allocation = $200,347; 2005 allocation = $212,803). The tax unit allocations are based on a percentage of each taxing unit's current year levy. EXHIBITS "Summary" of Proposed DCAD Budget Budget Allocations Worksheet Notice of Public Hearing Resolution Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations Exhibit A Summary of Demon Appraisal District 2005 Budget The Proposed Budget has been reviewed and is summarized below as a quick reference: - 2005 Proposed Budget for DCAD is $89,917 greater than the prior year or 1.24%. - The increase in the 2005 Budget was driven primarily by growth in the area served by the District. - Of the total increase, the "Personnel Services" category accounts for the majority of the overall increase, including $198,028 for salaries and benefits. - A large remainder of the increase is in the "Services Received" category with specific increases in "Legal Services" ($20,000), "Audit" ($12,000), "Deeds, Sales, and Value Information ($134,489), and "Oil and Gas Evaluation" ($25,000). - The "Utilities and Maimenance" category also includes an increase of $133,118 for "Information Services". - Debt Service also increased by $236,648. 2005 BUDGET ALLOCATIONS WORKSHEET JURISDICTIONS SCHOOL DISTRICTS: S01 ARGYLE ISD S02 AUBREY ISD S05 DENTON ISD SO7 KRUM iSD S08 LAKEDALLAS ISD S09 LEWISVILLE ISD S,'I 0 LITTLE ELM ISD S11 NORTHWEST lSD S 12 PILOT POINT ISD S13 PONDER 1SD S14 SANGER ISD SCHOOL DISTRICTS TOTALS G01 DENTON COUNTY CITIES: % OF DENTON OUT OF 2003 TOTAL COUNTY COUNTY TAX LEVY LEVIES CHARGES CHARGES $9,874,049.48 1.3793% $98,056.65 $4,405,663.60 0.6154% $43,751.51 $95,403,727.05 13.3265% $947,429.90 $5,236,187.25 0.7314% $51,999.23 $16,532,142.25 2.3093% $164,176.46 $282,754,872.79 39.4968% $2,807,965.98 $12,772,719.14 1.7842% $126,842.59 $71,094,732.63 9.9309% $706,023.52 $5,840,358.28 0.8158% $57,999.10 $7,069,619.83 0.9875% $70,206.58 $8,155,958.69 1.1393% $80,994.73 $519,140,030.99 72.5165% $79,782,389.95 11.1445% C26 CITY OF ARGYLE $878,655.55 0.1227% C01 CITY OF AUBREY $385,680.23 0.0539% C31 TOWN OF BARTONVILLE $231,671.00 0.0324% C42 TOWN OF CLARK $45,780.06 0.0064% C03 CITY OF THE COLONY $12;279,358~89 1.7153% C04 TOWN OF coRiNTH $6,049,052.09 0.8450% C27 TOWN OF COPPER CANYON $173,761.24 0.0243% C05 CITY OF DENTON $21,428,703.00 2.9933% C30 CITY OF DOUBLE OAK $489,115.36 0.0683% C07 CITY OF FLOWER MOUND $21,742,340.57 3.0371% C22 TOWN OF HACKBERRY $62,023.36 0.0087% C19 TOWN OF HICKORY CREEK $687,733.36 0.0961% C08 CITY OF HIGHLAND VILLAGE $6,390,590.08 0.8927% C09 CITY OF JUSTIN $522,228.94 0.0729% C18 CITY OF KRUGERVILLE $130,553.12 0.0182% C1.0 CITY OF KRUM $247,005.91 0.0345% Cll CITY OF LAKE DALLAS $1,463,817.81 0.2045% C25 TOWN OF LAKEWOOD VILLAGE $93,410.02 0.0130% C12 CITY OF LEWISVILLE $22,366,035.61 3.1242% C13 CITY OF LITTLE ELM $2,406,270.57 0.3361% C23 CITY OF MARSHALL CREEK $31,576.12 0.0044% C33 CITY OF NORTHLAKE $170,412.66 0.0238% C24 CITY OF OAK POINT $974,388.68 0.1361% C14 CITY OF PILOT POINT $738,050.88 0.1031% C15 CITY OF PONDER $119,186.29 0.0166% C17 CITY OF ROANOKE $1,878,960.41 0.2625% C16 CITY OF SANGER $1,431,287.11 0.1999% C34 TOWN OF SHADY SHORES $428,430.24 0.0598% C28 CITY OF TROPHY CLUB $2,363,090.94 0.3301% 2005 BUDGET ALLOCATIONS $75,235.00 $16,002.00 $98,056.65 $43,751.51 $947,429.90 $51,999.23 $164,176.46 $2,807,965.98 $126,842.59 $781,258.52 $74,001.10 $70,206.58 $80,994.73 $5,155,446.25 $91,237.00 $5,246,683.25 $792,298.41 $792,298.41 $8,725.70 $8,725.70 $3,830.09. $3,830.09 $2,300.67~. $2,300.67 $454.63 $454.63 $121,'943.~6 $121.943.16 $60,071.58 $60,071,58 $1,725.58 $1;725.58 $212,802.94 $212,802.94 $4,857.28 $4,857.28 $215,917.60 $215,917.60 $615.94 $615.94 $6,829.70 $6,829.70 $63,463.31 $63,463.3t $5,186.12 $5,186.12 $1,296.49 $1,296.49 $2,452.95 $2,452.95 $14,536.80 $14,536.80 $927.63 $927.63 $222,111.35 350.00 $222,461.35 $23,896.05 $23,896.05 $313.57 $313.57 $1,692.32 $1,692.32 $9,676.40 $9,676.40 $7,329.39 $7,329.39 $1,183.61 $1,183.61 $18,659.47 $18,659.47 $t4,213.74 $14,213.74 $4,254.63 $4,254.63 $23,467.25 $23,467.25 CITIES TOTALS $106,209,170.10 14.8359% $1,054,735.95 $350.00 $1,055,085.95 Notice Of Public Hearing On Denton Central Appraisal District 2005 Budget The Denton Central Appraisal District will hold a public hearing on a proposed budget for the 2005 fiscal year. The public hearing will be held on May 27, 2004 at 3:00 P.M. at 3911 Morse Street, Denton, Texas. A summary of the appraisal district budget follows: The total amount of the proposed budget. $7,351,341.29 The total amount of increase over the Current year's budget. $ 89,916.73 The number of employees compensated under the proposed budget. 71 The number of employees compensated under the current budget. 73 The appraisal district is supported solely by payments from the local taxing units served by the appraisal district. If approved by the appraisal district board of directors at the public hearing, this proposed budget will take effect automatically unless disapproved by the governing bodies of the county, school districts, cities and towns served by the appraisal district. A copy of the proposed budget is available for public inspection in the office of each of those governing bodies. A copy is also available for public inspection at the appraisal district office. Denton Central Appraisal District 3911 Morse Denton, Texas 76208 (940) 349-3800 S:Our Documalt s Resolutions 04 caltral appraisal district budget doc RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 2005 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 2005 proposed budget of the Denton Central Appraisal District was submitted to the City of Denton on May 27, 2004; and WHEREAS, the proposed budget contains a list showing each proposed position, the proposed salary for the position, all benefits proposed for the position, each proposed capital expenditure, and an estimate of the amount of the budget that will be allocated to the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council, pursuant to Article 6.06 of the Texas Tax Code, approves the 2004 proposed budget of the Denton Central Appraisal District. SECTION 2. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of _, 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: AGENDA INFORMATION SHEET AGENDA DATE: June 15, 2004 DEPARTMENT: Legal CM/DCM/ACM: Herbert L. Prouty, City Attorney SUBJECT: Consider the approval of an ordinance authorizing the advertisement for bids for the sub-surface mineral interest of the City of Denton Water/Reclamation Landfill site approximately 978 acres of and for an Oil and Gas lease; and providing an effective date. BACKGROUND: On May 10, 2004 the City of Denton's Public Utility Board considered whether to put the City of Denton Water/Reclamation Landfill site out for bids for an Oil and Gas lease. The Board directed staff to recommend to the City Council to bid this mineral interest. There are several legal issues that arise when leasing Oil and Gas mineral interests by a city. Chapter 71 of the Texas Natural Resources Code requires that notice be given by advertising for bid and a public hearing held for consideration of bids. A city may award the lease to the highest and best bidder who submits a bid or reject all bids and re-advertise for additional bids. This ordinance allows the city to advertise for bids. OPTIONS 1. The City Council may adopt the ordinance. 2. The City Council may decline to adopt an ordinance. 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\Gas Well DocumentskAgenda Info Sheet-Landfill bid advertisement.doc S:\Our Documents\Ordina~ces\04\Bid Gas Development-Landfill.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE ADVERTISEMENT OF BIDS FOR THE SUB-SURFACE MINERAL INTERESTS OF THE CITY OF DENTON WATER/RECLAMATION LANDFILL SITE APPROXIMATELY 978 ACRES OF LAND FOR AN OIL AND GAS LEASE; 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 advertise for bids for the sub-surface mineral interests approximately 978 acres of the City of Denton Water/Reclamation Landfill site for an Oil and Gas Lease; and WHEREAS, the City Council desires to authorize the City Manager or his designee to bid the sub-surface mineral interests for an Oil and Gas Lease for the City of Denton Water/Reclamation Landfill site 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. Pursuant to Chapter 71 of the Texas Natural Resources Code, the City Council hereby authorizes the advertisement for bids for the sub-surface mineral interests approximately 978 acres of the City of Denton Water/Reclamation Landfill site for an Oil and Gas Lease. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of June, 2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY EULINE BROCK, MAYOR AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: June 15, 2004 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT - Z04-0018 (Shadowbrook Villas) Hold a public hearing and consider adoption of an ordinance rezoning approximately 3.6 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 3 (NR- 3) zoning district with an overlay district. The overlay district will restrict the number of lots to 8, reduce sideyard setback to 4 feet, convert lot coverage to 60%, and landscape coverage to 40%. The proposed site is generally located on the southeast corner of Santa Monica Drive and E1 Paseo. The Planning and Zoning Commission recommends approval (5-1). BACKGROUND Applicant: Trilogy Management, L.L.C. Denton, TX The applicant is requesting to rezone the subject property to a Neighborhood Residential 3 (NR- 3) zoning district with an overlay district. The proposed overlay district will: 1. Restrict developments to 8 residential lots and 2 greenbelt lots maintained by the Home Owner's Association; 2. Reduce sideyard setbacks from 6 feet to 4 feet; 3. Convert lot coverage to 60% and landscape area to 40% instead of the 50-50% required in the Development Code. A pre-design meeting was held with the applicant on April 29th, 2004. Staff recommended the applicant to pursue an overlay district. A neighborhood meeting was held on May 5th, 2004. Two residents attended and expressed no objections. Public notification and property owner responses are provided in the Attachment. Staff has received 1 written response in favor and 2 written responses in opposition within 200 ft. of the subject property. One previous letter of opposition was later withdrawn. Also included in the attachment is a written response from within the 500 ft. limit. The current percentage of opposition, of property owners within 200 ft. of the subject property, is 5.3%. RECOMMENDATION The Planning and Zoning Commission recommends approval (5-1; Commissioner Holt opposed and Commissioner Strange abstained). OPTIONS 1. Approve as submitted. 2. Approve with conditions to the overlay district. 3. Deny. 4. Postpone consideration. 5. Table item. ESTIMATED PROJECT SCHEDULE The subject property is not platted. Preliminary and final plats are required prior to issuance of building permits. ATTACHMENTS 1. Staff'Analysis 2. Maps 3. Notification Map 4. Responses from property owners within 200 ft. 5. Site Photo 6. Minutes from May 12 P&Z meeting. 7. Ordinance Prepared by: C hing(/y~n (l~ay) Lian~_~_fi Planner I Respectfully submitted: ~k~elly Ca~fbenter, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Zoning Request The applicant is requesting to rezone approximately 3.6 acres from the Neighborhood Residemial 2 (NR-2) zoning district to the Neighborhood Residemial 3 (NR-3) zoning district with an overlay district. The proposed overlay district addresses specifically the following: 1. Restrict developments to 8 residential lots and 2 greenbelt lots maintained by the Home Owner's Association; 2. Reduce sideyard setbacks from 6 feet to 4 feet; 3. Convert lot coverage to 60% and landscape area to 40% instead from the 50-50 required in the Developmem Code. The subject property was zoned Agricultural prior to the adoption of the Developmem Code. The Agricultural zoning designation was typically considered a "holding" zoning category with the understanding that a higher imensity may be appropriate when the property was developed. Determining the appropriate zoning designation at the time when development is prone to occur allows for a more detailed analysis of the currem developmem trends. Adjacem property owners realize that adjacem Agricultural property would be rezoned at a later date and based their opposition or approval on the proposed zoning category. Property that was zoned Agricultural and in the Neighborhood Centers land Use Category was typically rezoned to NR-2. Based on recent zoning cases, it appears that adjacent property owners now view a request to up-zone NR- 2 zoned property as an increase in imensity as opposed to the "first" zoning of the property. Existing Condition of Property The proposed site is curremly used for single-family dwelling. required in the platting stage. Drainage improvemems will be Adjacem Zoning Surrounded in all directions by Neighborhood Residemial 2 (NR-2). Floodplain exists on the eastern portion of the site. Comprehensive Plan Analysis The subject site is located in an "Existing Neighborhood/Infill Compatibility" future land use area. New development in this district should respond to existing development with compatible land uses, patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. Page 188 of the DeNon Plan defines compatibility as follows: The characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include pedestrian or vehicular traflfc, circulation, access, and parking impacts. Other important characteristics that affect compatibility are landscaping, lighting, noise, order and architecture. Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity if development proposals in maintaining the character of existing development. The permitted uses within the Neighborhood Residential zoning district are compatible with the Existing Neighborhoods uses as stated within the Denton Plan. The request to rezone the subject property is compatible with the Future Land Use Plan (Existing Neighborhoods) and with the surrounding zoning designations. The proposed zoning change is in compliance with the Demon Plan. Development Review Analysis Access Access to the subject site is proposed to use both Santa Monica Drive and E1 Pasco. Transportation A Traffic Impact Analysis (TIA) will not be required. surrounding road network. Sufficiem capacity exists in the Public Infrastructure Utilities required to support the western portion of the proposed development is adequate. Information will be needed to address the provision of sewage connection to the eastern portion of the site during future platting process. Development Code / Zoning Analysis According to Chapter 35.7.3(D) of the Developmem Code, the creation of an overlay district shall address to the following, as applicable: Regulations or Design Standards for any Special Purpose and Overlay District shall be designed to reasonably promote the purposes of the district, and may require or address any of the following, in addition to or in lieu of other regulations affecting property within the Special Purpose and Overlay District. 2. 3. 4. Protection of features designated as being of special concern within the district; Mixtures or limitations or permitted uses; Special performance standards and development regulations; Other matters as appropriate to promote the special public interests of the district. The requested zoning change from NR-2 to NR-3 would increase the density from 2 dwelling units to 3.5 per acre. Given the proposed site, granting the zoning request would allow the development of approximately 12 dwelling units. The proposed overlay restricts the density to approximately 2.2 units per acre. The applicant is requesting the overlay district to allow reductions of side yard setback from 6 feet to 4 feet as well as landscaped coverage from 50% to 40%. The purpose is to incorporate dwelling units that are compatible in architecture, design, scale, and character of the existing neighborhood. The setback reduction will allow the applicam to preserve existing trees. Although the applicant asks for reduction of landscaped coverage, the proposed development includes 2 greenbelt lots to incorporate more open space and trees. In essence, the overlay district allows proposed development to sustain the character of the existing neighborhood. A comparison between uses permitted in NR-2 and NR-3 renders the results provided in the following chart. Attached single-family dwelling unit is allowed in NR-3 with the approval of a Specific Use Permit. This is not an allowed use in NR-2. While manufactured housing is allowed in NR-2 with the approval of a Specific Use Permit, it is not allowed in NR-3. In industrial and commercial land use categories, NR-3 presents more restriction in uses permitted. Attached Single Family Dwellings N SUP Manufactured Housing Developments SUP N Equestrian Facilities SUP N Kennels L(37) N Veterinary Clinics L(14) N Gas Wells L(27) SUP L(27) Maximum density, dwellin§ units per acre 2 3.5 Minimum side yard for non-attached buildings 10 feet 6 feet Maximum lot covera§e 30% 50% Minimum landscaped area 70% 55% Maximum building height 40 feet 40 feet 10 feet plus 1 foot for 10 feet plus 1 foot for Minimum yard when abutting a single-family use or district each foot of building each foot of building height above 20 feet height above 20 feet Limitations: L (14) - Uses are limited to no more than 10,000 square feet of gross floor area. L (27) - Must comply with the provisions of Subchapter 22, Gas Well Drilling and Production. L (37) - 5-acre minimum land area required and no more than 25 kennels per acre allowed, including indoor and outdoor runs. A natural buffer strip is required adjacent to any residential use. Staff Findings 1. The proposed zoning change is compatible with neighboring zoning designations, and is in compliance with the intent of the Denton Plan. 2. The proposed overlay, which addresses the restriction on number of lots, sideyard reduction, as well as landscape and lot coverage modifications, will support housing developments suited for the character of the existing neighborhood. Staff Recommendation Based on the above findings, staff recommends approval of the requested zoning change and overlay. ATTACHMENT 2 Location/Zoning Map NORTH Land Use Map ATTACHMENT 3 Notification Map NORTH ::'" '"' ~'" 'ii i~-' ~ : ,~ ' ~, ~ Oppos,,t, on: \2,,\: 5.3% l ~-1/~i(~ < ~ - ~)¢ lin Favor I, %%% ~ ~, Limits of 200' %,' :. ~ ~~, ~ Limits of 500' Notification ~ ~ ~ ~~ ( ~. ~ Notification Scale: None Public Notification Date: April 23, 2004 200' Legal Notices* sent via Certified Mail: 8 Number of responses to 200' Legal Notice: · In Opposition: 2 · In Favor: 1 · Neutral: 0 *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 NOTZCE OF PUBLIC HEARING Z04-0018 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 12, 2004., to consider making a recommendation to City Council regarding a rezoning of approximately 3.6 acres from the Neighborhood Residential 2 (NR-2) zoning district to the Neighborhood Residential 3 (NR-3) zoning district with an overlay district. The property is located generally at the southeast corner of Santa Monica Drive and El Paseo. A neighborhood meeting is scheduled to be held on Thursday, May 6th, 2004. The meeting will start at 6:30 p.m. at 3613 Falcon Ct., which is a residential home. Parking is available within the cul-de-sac. The public hearing witt start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject properly, the Planning and Zoning Commission wou/d like to hear how you feel about lhis request and invites you to attend the public hearing. P~ease, in order for your opinion to be taken into account, return this form with your comments prior to the date of the punic hearing. (This in no way prohibits you from attending and participating in lhe public hearing.) You may fax it to the number located at the bottom or mail it to 1.he address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Chris Fuller, Project Manager 940-349-7274 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. In favor of request Reasons for Opposition: Please circle one: __ . Signature: _ _ Printed Name: Mailing Address: City, State Zip: Telephone Number: q/-'/~- ~'"/~ ,~ - ~/~ Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST , DENTON, ~EXAS 76201 · 940.349.8350 · (F) 940.349.7707 200' P&Z Notice NOTICE OF PUBLIC HEARIN Z04-0018 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 12, 2004, to consider making a recommendation to City Council regarding a rezoning of approximately $.6 acres from the Neighborhood Residential 2 (NR-2) zoning district to the Neighborhood Residential 3 (NR-3) zoning district with an overlay district. The property is located generally at the southeast corner of Santa Monica Drive and El Paseo. .. A neighborhood meeting is scheduled to be held on Thursday, May 6th, 2004. The meeting will start at 6:30 p.m. at 3613 Falcon Ct., which is a residential home. Parking is available within the cul-de-sac. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and zoning Commission would #ke to hear how you feel about this request and invites you to attend the Public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public h.ead.r~g..2(T._his in no way prohibits you from atfehdFh¢~an~-ha~rffSiiS'~tin~- in-the-'publi~ 'hearTng.') You may fax it to the number located at the bottom or mai] it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Chris FuIler, Project Manager 940-349-7274 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. In favor of request Reasons for Opposition: Please circle one: Neutral to request O~'~s ed to request~ Signature: P rinted Name,~//~...~ I~'~J Mailing Add f': City, State Zip: Telephone Number: Physical Address of Property within 200 feet: CITY OF DENTON~ TEXAS CITY HALL WEST - DENTON, TEXAS 76201 · 940.349.8350 · (F) 940.349.7707 200' P&Z Notice May-12-04 0~:o~ )nornton Gree~o v~u-o~o-~u~ John H. Thornton 508 El Pasco Denton, Texas 76205 telephone 940-387-0493 fax 940-898-1015 May I2, 2004 Kay Liang.. m 1 Development Review City of Denton fax: 349-7707 Dear Ms. Liang: Thank you for your help when I called you this afternoon. Please accept this fax as the removal of my objections to Jim Strange's project on El Pasco, proposing an NR3 overlay district for eight homes, to replace the current NR2 zoning. Mr. Strange has explained his project to me, and I no longer feel that it will adversely affect my property value. Sincerely, :./ ~J°hn H, Thornton Kay Liang - Z04-0018 Page 1 I From: To: Date: Subject: <clark.james@charter. net> <kay. liang@c[tyofdenton.com> 5/10/04 1:55PM Z04-0018 I am opposed to the zoning change request. The current NR-2 will allow 7 houses to be built on the land in question, changing that to '~ 2 houses will allow a greater density than the surrounding neighborhood. A NR-3 is not in the best interest of the surrounding homeowners. I w[[[ not be able to attend the meeting in person due to a trip out of town. Thank you for your help. P.S. James Clark 565-9906 3501 Forrestridge Dr. Kay, My wife got the message concerning the meeting, however I was out of town for both. Thanks. 05-~?-04 A08:53 NOT:ICE OF PUBLIC HEAR]:N Z04-0018 The Planning and Zoning Commission of the City of Denton wilt hold a public hearing on Wednesday, May 12, 2004, to consider making a recommendation to City Council regarding a rezoning of approximately 3.6 acres from the Neighborhood Residential 2 (NR-2) zoning district to the Neighborhood Residential 3 (NR-3) zoning district with an overlay district. The property is located generally at the southeast corner of Santa Monica Drive and El Paseo. A neighborhood meeting is scheduled to be held on Thursday, May 6th, 2004. The'meeting will start at 6:30 p.m. at 3613 Falcon Ct., which is a residential home. Parking is available within the cul-de-sac. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way .... prohibits you from attending and.participating'in-the' Public hbaring.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Chris Fuller, Project Manager 940-349-7274 These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Reasons for Opposition: Please circle one: Neutral to request Opposed to request Signature: dt ..----~, --~,- .-~--~'~"'"'~ Printed Name: Mailing Address: c ty, state z p: Te epho. CITY OF DENTON, TEXAS 200' P&Z Notice CITY HALL WEST · DENTON, TEXAS 76201 ° 940.349.8350 ° (F) 940.349.7707 Kay Liang - Re: Nancy Spears Page From: To: Date: Subject: "Nancy Spears" <spearsn@unt. edu> <Kay. Liang@cityofdenton.com> 5/12/04 3:03PM Re: Nancy Spears This is my written notification that t VIGOROUSLY oppose the rezoning of the parcel in question. Several reasons exist for this opposition: 1. These patio homes are proposed to come within 4 feet of the property line. Given the size of acreage . of the surrounding homes sites, including Montecite Estates and Shadow Brook, an acreage of under 1/4 acre is NOT consistent with the surrounding area. 2. This will drive down property values, given that the homes will be smaller in size (approx. 3000 sq. 'ft.) . · and on smaller lots, when compared to those in Shadow Brook and Montecito. 3.' Parking area in front of patio homes issue. Again, this is completely inconsistent with the surrounding home sites. This will produce the appearance of 'apartment like' status for any passerby. 4. I implore the decision makers to consider the impact this would have on their own homes if they were faced with this issue. Please block the rezoning of this property!! 5. Mr. Strange should be encouraged to continue building the status homes (size and lot dimensions) that he is currently building in Shadow Brooke, but not patio homes in this area. 6. The argument that there is a market for these type homes: just because there is a market does not mean they should be built here. 7. There are other areas of Denton that handle this type of home. The patio home area is not for Shadow Brook or Montecito. 8. I strongly oppose the rezoning of the 3 1f2 acre property in question. Dr. Nancy Spears 898-8240 ATTACHMENT 5 Photo 1' View of subject property from across El Paseo. Photo 2: View of subject property from across El Paseo. CondenseltTM 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 i1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 5 COMMISSIONER MULROY: Our next Item 4, the public hearings. First, 4A, Mr. Strange is going to abstain. And it is the rezoning of 3.6 acres and staff will present. Kay Liang. MS. LIANG: Good evening, Cormnissioners. Thc applicant is requesting for a change of zone from NV.-: to NR-3. COMMISSIONER MULROY: could you get a little closer to tho mike? MS. LIANG: SUre. I'm sorry. The applicant is requesting for -- docs that sound bett~r? COMMISSIONER MULROY: That's great. Thanks. MS. LIANG: A change of zone from NR-2 to NR-3 with an overlay district on property generally located at thc southeast comer of E1 Paseo and Santa Monica Drive. And thc overlay district includes thc restriction of development from -- excuse me. The restriction of development to eight residential lots and two greenbelt lots. Thc reduction of site yard setbacks from six feet to four f~t, an increase of lot coverage from 50 percent to 60 percent. And the reduction of landscaped area from 50 perc~t to 40 percent. The adjacent zoning is NV.-2. The applicant went through a pre-design application and held a Page 6 neighborhood meeting on the evening of May 5th. And the issues addressed include density and lot size. Eight legal notices woe mailed out to residents within the 200 feet -- 200 feet limit. The planning department received one response in favor and two oppositions. And ali written responses were distributed to you during the work session. Opposition is currently at 5.3 percent, which is not reflected in your backup and the notification map due to tile time these responses were received. Tile staff concludes that the proposed change of zone is compatible with the adjacent zoning and in compliance with tile Denton Plan. And move to -- excuse me, recommends approval. And tile staff will open for questions at this point. COMMISSIONER MULROY: okay. Thank you. Any questions of staff'/ Mt-. Roy. COMMISSIONER ROY: YeS. You mentioned a neighborhood meeting. MS. LLANO: YeS. COMMISSIONER ROY: Typically we have in our backup package a smmnary of atttmdom and the issues that were brought up at tile neighborhood meeting. Is it in here and I just can't find it? MS. LLANO: t apologize. It's not 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 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 7 included. COMMISSIONER ROY: well, could we see that? Do you have it? Can you read us off the key points or MS. LtANO: Yes. The nature of the meeting, two -- excuse me. One couple showed up so very informal. It's more of a chatting than a discussion. So it's a little bit more difficult to keep up with the meetings. But the applicant could probably address to -- COMMISSIONER ROY: only one couple showed up? MS. LLANO: Yes. COMMISSIONER ROY: okay. Well, I'd like to hear the issues. MS. LIANG: Sure. COMMISSIONER ROY: Maybo the applicant can tell me, but I'd like your confirmation that that was the issues, COMMISSIONER MULROY: Any further questions of staff?. If not, is the applicant h~e, and would you like to present or just answer questions? MR. STRANOE: I'll present and answer any questions that you may have. COMMISSIONER MULROY: okay, MR. STRANGE: Ladies and gentlemen of the Cormnission, I'm Jim Strange, reside at 3613 Falcon Court Page 8 here in Denton. I currently live in the subdivision thaCs right behind this proposed rezoning of this property. And we have proposed a rezoning with an overlay. I know staff has given some backup of that and you have, I assume, all of the information you need on that. I have voluntarily agreed to an overlay to limit the density with the rezoning. Currently, under the NR-2, we were allowed roughly seven and a quarter lots on the site. And we were looking/'or eight. So we were then forced into i~zoning the property and are happy to do that. And in tile spirit of trying to maintain what we're doing there we wanted to do an overlay and guarantee people that we were not going to be taking advantage of the rezoning and going for 12 lots or whatever the magic number was that we were allowed, stick with the eight. We also wanted to preserve the trees that are existing on the property. We have set up a homeowner's association on what would be the west side of the property. There is a large grove of pine tre~ that line Santa Monica, and then there's also a lmge line of trees all of the way across the front of the property along E1 Pasco. That's why we have set the lot width approximately 70 feet wide on Lots PLANNING AND ZONING MAY 12TH, 2004 MINUTES Page 5 - Page 8 CondenseltTM 5 6 7 8 9 10 ii 12 13 14 15 16 17 15 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 Il 12 3 4 15 16 t7 19 20 21 22 23 24 25 Page 9 No. I and Lots No. 8 to allow plenty of distance to maintain those trees. We also in our overlay asked for a variance in the coverage from 50/50 to 60/40 on the individual lots themselves, however, I believe with the area that's to the west in the Homeowner's Association and, of course, the greenbelt that will be on fl~e east side, we should more than make up for any what I call green space that we would 1 2 3 4 5 6 7 8 Page 11 person come to the neighborhood meeting? MR. STRANGE: Yes, sir. There were only -- them were eight, I think, notices sent out. Two of the notices would be to me. One being to my construction company that owns Lot 1. And the other would be Pinnacle, which is the development company, so that would be two of the six. I was there. And then I had Mr. and Mrs. Jeff Sandlin, who attended. They live right across the street. lose on the individual lots themselves. We have proposed a courtyard street that will primarily be used for parking for guests in this subdivision. It will have -- we have proposed a rear alleyway access off of Santa Monica tlu'ough an existing curb cut. Our curb cut on E1 Pasco for a courtyard street is currently where there's an existing curb cut for a cimle drive for the residents that exist there now. We're only requesting one additional curb cut oa what would be the east side right rear alleyway parking for our customers and people who live there. So I think it will be a top-notch subdivision. And I have no concerns about the -- tile price of the homes will be comparable with what we're doing in the Shadowbrook Subdivision. I'm one of the builders in that subdivision. My company is Treemont 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 And if we could put the overhead of the area back up, I'd be happy to show you where they live. And I felt like as far as people who -- anyone, of course, that lives within thc site, Mr. Sandlin lives right across the street on tile -- he lives right on that piece of property. So lie is going to be directly due north of this subdivision. And, in my opinion, has probably got second to me the greatest land area that would be affec~a:l and the greatest frontage to this. And this will basically be right across the street from him. So I was very pleased that he did come and after visiting with him and addressing some of his questions about density, size of homes, types of hmnes, and what we would be doing, he was nice enough to respond in favor of what we were proposing to do at the site. I have also met with the property owner personally last night that lives right here, Mr. John Thornton. He was originally opposed to the project, and I Page 10 Construction. I'm also the owner of the Shadowbrook Place Subdivision tln:ough a company called ?ianacle. And that will be the owner of this subdivision. I'm currently building a house on Lot I in the Shadowbrook Subdivision that will be right under $600,000.00. I currently live in that subdivision. And I've had -- some of the cormnents in our neighborhood meetings address -- one of the questions were about property values and what would be done to the neighborhood. And if there are any property values to be effected, I would assure you that mine is way up there high on the list as far as I'm probably one of the majority property owners as far as value in that area. And that is, basically, the gateway to my subdivision. And if I thought for a minute that this was going to be a negative on property values or a negative to the neighborhood, I certainly wouldn't be doing it. I think it is a positive and I think there is a need here in Denton for this type of housing. And I think it will be a first-class subdivision that I'd be proud to have my name on. And I'd be happy to answer any questions you may have. COMMISSIONER MULROY: Questions? Mr. Johnson. COMMISSIONER JOHNSON: Yon only had one 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 12 believe he has sent in a letter this afternoon changing his opposition to support. Mrs. Stevens that lives right across here is unfortunately out of town. I talked with her assistant and was unable to contact her directly. Mrs. Stevens is who I had originally purchased the Shadowbrook Place Subdivision from. I believe that she weald -- I don't want to speak for her, but she was unavailable for conm~ent on this property. And then i own all of the lots in here and that is my -- I have a -- currently a house being built at that point. COMMISSIONER JOHNSON: So were you in favor or opposed? MR. STRANGE: It took some anu twisting from the partnership, but I was -- I ended up being in favor. COMMISSIONF_.R JOHNSON: okay. Who was the one person that attended the meeting? MR. STRANOE: The neighborhood meeting? COMMISSIONER JOHNSON: Yeah. MR. STRANGE: Mr. and Mrs. Sandlin who live right across the street. They both came and attended. COMMISSIONER JOItNSON: okay. And they had some initial concerns, but after discussion they're okay with it, right? MR. STRANGE: Yes, sir. And I believe they PLANNING AND ZONING MAY 12TH, 2004 MINUTES Page 9 - Page 12 CondcnscltTM 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 13 have sent a letter in support. COMMISSIONER JOHNSON: They did. Okay. Thank you. MR, STRANGE: Thank you. COMMISSIONER MULROY: Mr. Powell. COMMISSIONER POWELL: YOU made a statelllent pretty broad. You said Denton needs ~s kind of housing, but I'm not sure -- COMMISSIONER MULROY: Disregard the timer. Go ahead. COMMISSIONER POWELL: Oh, it was the timer; it wasn't mc. I wasn't eating the microphone. COMMISSIONER MULROY: well, you trip the bell cvery time. COMMISSIONER POWELL; what kind of housing is this? And I don't mean that as a negative question. Just help me here. You know, we nccd it. What is it? MR. STRANGE: sure. I would liken this as to another subdivision that we have just finished in Denton called Treemont Circle. It is over off of Highland Park Road. The lot sizes are approximately the same. It is more of what I would call a garden home community. It was a smaller lot with -- the homes are ranging anywhere from 2,100 to 3,000 feet. They're the most -- I would guess that they are the most expensive homes in that Page 14 neighborhood. COMMISSIONER POWELL: Is flint the one that's right next to the golf course -- MR. STRANGE: Yes, sir. COMMISSIONER POWELL: -- or what was the golf course? MR. STRANGE: Was the golf course. COMMISSIONER POWELL: Thank you. MR. STRANGE: And I propose that this subdivision will be comparable with that and I think the homes will be considerably more expensive that will go in here and really this is in response to several inquiries that I had had in the Shadowbrook Subdivision that -- people that wanted to quote, unquote, downsize from a large lot. They wanted a nice new home but they were tired of taking cam of a large lot. My lots in Shadowbrook are a half acre to three-quarters of an acre. COMMISSIONER POWELL: show me where Shadowbrook is, sir. MR, STRANGE: Sl.lre. COMMISSIONER POWELL: I'm not tam[liar with it. MR. STRANGE: shadowbrook actually starts as you come in on Santa Monica. As you cross El Pasco there's a big masonry entryway. And there are masonry 9 ~0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 i0 11 12 I3 14 15 t6 17 18 19 2O 21 22 23 24 25 Page 15 columns and iron work. And this is alt landscaped ama with a couple of islands landscaped as you come into it. And once you enter the subdivision, this would be Lot No. 1. It goes all of the way around. And then there are two -- it's in an hour glass shape. There are a total of 39 lots in there. And they range anywhere from half to three-quarters of an acre. And then there is also a greenbelt along the east side of the property that runs into a lake that is at the very end, right almost down to Ryan Road is where the dam is for that lake. COMMISSIONER POWELL: Thank you. MR. STRANGE: Thank you. COMMISSIONER MULROY: Any further questions? Ms. Holt. COMMISSIONER HOLT: YeS. On -- I was looking at your lois, if you could put the picture back up. That lot down at the bottom, how will they enter? Where will their garage be? MR. STRANGE: which one? COMMISSIONER HOLT: lhe one down at the bottom. sign. MR. STRANOE: The bottom one on the left -- COMMISSIONER HOLT: Below Courtyard Street MR, STRANGE: tn Shadowbrook? Let me get a pointer so I can see. middle. Page 16 Are you talking about this lot? COMMISSIONER HOLT: No. MR. STRANGE: This one? COMMISSIONER HOLT: No. Right in the MR. STRANGE: This right here? COMMISSIONER HOLT: Isn't that a lot down at the bottom, that? MR, STRANGE: Right here? COMMISSIONER HOLT: Up a little bit, isn't that a lot? MR. STRANGE: NO. What that is is going to be -- what we have proposed is for that to be part of the street ama and provide additional parking and landscaping. COMMISSIONER HOLT: oh, I see. I see. That's not a lot. That is -- oh, that's a street. Got you. Okay. I'm glad I asked. Thank you. MR, STRANGE: SLlre. COMMISSIONER MULROY: Any further questions? Larry, do you have a cormnent? MR. REICItttARI: Real quickly. This is a -- just a concept of what the applicant is proposing. It has not been reviewed thoroughly by staff. We believe it's, you know, it's very close to being -- you know, very PLANNING AND ZONING MAY 12TH, 2004 MINUTES Page 13 - Page 16 CondcnscltTM 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 17 close. There's some details that will need to be worked out, the right-of-way widths and such like that. So this is not by any means we are approving this site plan. COMMISSIONER MULROY: NO. I mcan, this MR. REICHHART: This is the concept -- given the parmxteters of what we're looking at, this is what very easily could be built. COMMISSIONER MULROY: Yeah. Make it very clear, the matter before us is just the zoning. The conditions of the overlay have to do with getting NR-3 bl4t restricting it to eight lots only. The final configuration is really not the issue at hand. MR. REICHHART: I should point out that all of this area right over in here, this is floodplain so that won't be developed like the applicant said. So the only place they can put houses is up here. And if you're really doing, you know, eight lots, this is about the only configuration you're getting. So -- but I just wanted to point out that, you know, we're using this as an example. But it has not been approved. COMMISSIONER MULROY: okay. Any further questions? Mr. Roy. COMMISSIONER ROY: Yes. I'm looking at one et' the E-mails in opposition or objection to this. And it Page 18 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 indicates that this will allow 12 houses to be built. But that's not correct as I understand the proposal. MR. STRANGE: That's correct. I think that's Mr. Clark. And I spoke with his wife, I believe it was yesterday. And, unfortunately, he is out of town. COMM[SS£ONER MULROY: Let's let Ms. Carpenter address that. MR. SIRANGE: Sllre. I'm sorry. MS. CARPENTER: Mr. ROy, meanbers of the Commission, you'll recall our conversation of a half an hour ago, and we were talking in general about overlay districts, not -- and we woe not -- we were not talking about this case. And we assured ourselves that when we did overlays, we would not be doing upzoning or increases in zoning unless they asked for a change in thc zoning. This case, they're asking for a change to gain a half a lot, okay. The zoning that they're asking for would allow them to go to I2, but they're choosing to restrict thmnselves to the eight that they want for this subdivision. So they're really asking for an increase of a half a lot from what would be allowed in the NR-2 TO what's allowed in the proposed NR-3. COMMISSIONER ROY: SO they're restricting themselves, but we are -- by approving it, we are restricting them TO eigt~t lots? Page 19 MS. CARPENTER: Yes, sir, TO the eight, yes, sir. COMMISSIONER ROY: And so Mr. Clark's concern that there could be 12 is unfounded in that sense? MS. CARPENTER: YeS, Sir, that's correct, under this proposal. COMMISSIONER ROY: Thank you. COMMISSIONER MULROY: Any further questions? Okay. If not, I have two cards from thc public that wish to speak in support. Thank you, Mr. Strange. Mr. Widmer, if you'll give us your name and address, please. MR. wrDr~a: certainly. Ladies and gentlemen, my name is Bob Wichner. My residence is 8949 David Fort Road in Argyle. My office address is 513 West Oak in Denton. I mn an attorney in Denton. I've practiced here about 20 years. And I would just like to indicate that I have many clients as well as friends that are looking for this type of housing. The area in Souflanont is completely full and I think that there are so many of us that are -- once our children are gone we're looking to downsize. We don't want large yards. And I think it would be a shame for us if we -- if we had to go TO other areas TO find this type of housing. So I'm simply here to state that I have many, Page 20 6 7 8 9 10 I1 12 13 14 15 i6 17 18 19 20 21 22 23 24 25 many, many friends and clients that are very interested in this type of housing. Thank you. COMMISSIONER MULROY: All fight. Thank you, Mr. Widmer. Next Mr. Mohdnitzky. Jerry, if you'll give us your name and address, sir. MR. MOHELNITZKY: Thank you, sir. Good evening, Commissioners. My name is Jerry Mohdnitzky. I live at 109 West E1 Pasco in Denton, Texas. That's just west of this particular property on E1 Pasco. And I would like to speak in favor, in support of this. I think the diversity in that neighborhood will be good for this type of home. And I think it's well-needed in the Denton community. When my wife and I started looking for something of this nature, we went to the Dallas, north Dallas area as well as Fort Worth looking at garden patio-type homes and found out that thom are some very, very nice designs, very quality homes. I think one of the myths are that when you have a small lot, you're going to build a small home, and on these lots, you can easily put a five to 6,000 square foot home. Another myth is that the density will cause a lot of traffic. And what we've found in those neighborhoods was less traffic, because the people who live there are empty nesters and they don't tend to ieavc PLANNING AND ZONING MAY 12TH, 2004 MINUTES Page 17 - Page 20 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 CondenseItTM Page 2 t the house and come and go as much as those with children, and with people who have two and tlu-ee children driving. And so, again, I'm in support of this and would be a potential purchaser myself of one of these lots. So is there any questions or -- COMMISSIONER MULROY: Thank you, Jerry, Thanks for coming down. Okay. We do not have cards from anyone that wants to speak either in favor or against, but we will entertain that at this time. Okay, We have an undecided. Ms. Janet Ellis, if you -- would you like to speak, address fl~c Colmnission? MS, ELLIS: I want to ask a question. COMMISSIONER MULROY: would you come down, please? MS. ELLIS: Can you put file picture up before that had the big yellow mark on it? COMMISSIONER MULROY: MS. Ellis, would you give us -- state yom' name and address, please. MS. ELLIS: Janet Ellis, 405 San Sebastian Place, 76205. Our property is right across a little stream -- okay. Can you -- MS. CARPENTER: JUst say it in words and they'll find it. MS. ELLIS: okay. We live -- okay. rll show you the house, our house. My husband can -- Page 22 COMMISSIONER MULROY: There you go. MS. ELLIS: There's our house. COMMISSIONER MULROY: okay. MS. ELLIS: And is the proposal to put eight houses in that area? Are they going to tear down the lawyer's house, Carroll Way at the comer of El Paseo and Santa Monica or are they going to build eight houses between Santa Monico -- t mean, between -- yeah, Santa Monica and -- and Thomton's house. COMMISSIONER MULROY: well, which one is Thomton's house? MS. ELLIS: Thomton's house is thc one -- I don't know how to do this. Thomton's house is right there, I think. Is that not Thomton's house? Have I got -- okay. And my question is there is a creek or a little -- a little patch of land running from the back. COMMISSIONER MULROY: Kay, would you co113.¢ up here? MS. CARPENTER: 8he~s trying to work with the mouge -- COMMISSIONER MULROY: oh, okay. I'm sorry. MS. ELLIS: okay. We're here. We're the house right here. MS. CARPENTER: Let me see if I can help you. Are you -- go back to the site plan, 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 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 23 MS. ELLIS: We're hffre, ma'am, right here, Our land runs -- it's floodplain .4 beyond the fenced area it's floodplained back to the creek or whatever they're calling it. There is a creek that runs from the -- from a little -- about -- about here. COMMISSIONER MULROY: xhat's all right. Now, just -- let's get to the question on the table. MS. ELLIS: okay. There's a creek that runs through there that then becomes Shadowbrook Lake or whatever they're calling -- I don't know. COMMISSIONER MULROY: Right. Okay. MS. ELLIS: SO are the3r proposing between -- between Mr. Caraway's house and Dr. Thornton's house, are they proposing eight lots; that's what I want to know because -- COMMISSIONER MULROY: okay. Now, let me get shaft to answer that, please. MS. CARPENTER: Let'S see if we can answer it from here. Tile answer -- the answer to your question is yes. But there is this caveat. Thc stream that you're talking about is the big parcel on the right that's labeled development Ho^. ~ can't read that from here. Greenbelt Ho^. 'that -- outline that. Outline that, Kay. Can you outline that for her? That large greenbelt piece is adjacent to your piece of property and is Page 24 specifically there to address itself to the creek that you're talking about. That's the floodplain. MR. REICHHART: ^11 of this area here, that is the floodplain just like your back yard, will not be developed, cannot be developed for any housing at all. So the first house is going to start from my pen over this way. So you'll have that -- that area in between your house and the first house. MS. ELLIS: okay. You're going to tear down Caraway's and you're going to build on Caraway's lot? MR. REICImnRT: This dashed line right here is where thc existing house is right now. MS. ELLIS: okay. That's Caraway's house. MR. REICHHART: And that is going to be torn down -- MS. ELLIS: Fine. MR. RE[CHHART; -- and eight new houses built. MS. ELLIS: In this area? MR. REICHHART: YeS, There will bc one right thea:e. MS. ELLIS: okay. Then there will be nothing -- this -- and our house is somewhere over here. MR. RE1CHHART: YOUr house is about -- probably right about right there. PLANNING AND ZONING MAY 12TH, 2004 MINUTES Page 21 - Page 24 5 6 7 8 9 i0 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 I4 15 16 17 18 19 20 21 22 23 24 25 CondenseltTM Page 25 Page 27 COMMISSIONER MULROY: AhIlost a third of I build seven houses on that property. And if I'm wrong this property will be a buffer between the new houses and 2 somebody tell me. He's asking for this special zoning so your house. MS. ELLis: okay. Thank you. COMMISSIONER MULROY: ^1I right. You bet. Thanks for coming down, Ms. Ellis. Mr. Ellis, did you want to speak, sir? MR. ELLIS: Thank you. My name is Ed Ellis. 405 San Sebastian at -- we've lived there since '98 and we bought in that area because it's just what we wanted. Matter of fact my wife had been coveting that house, particular house for 20 years -- we've been there 3 4 5 6 7 8 9 10 11 12 he can build eight houses on that properly. Now, to ]ne, the point is, without any zoning change, without any request, without saying anything to anybody, he can build seven houses. He's coming to the City with a request to build eight, but then he's giving the neighborhood greenbelts and trees and whatever and lie's building a Courtyard Street in the middle. And I'm supposing the houses will face the Courtyard Street. Seems to be the way. So he's trying to build what I would 20 years. My question is why change things? Mine was one of the cards sent in from the mail opposing it because I didn't know why -- and I didn't get a notice of a meeting. And as far as I know, there had been no meeting. So I couldn't go to find out. So I don't know what's going on. And it's like why should I relinquish the zoning as it is. What advantages to me to relinquish it? COMMISSIONER MULROY: okay. I'm going to let staff, let Ms. Cai-pouter, again, address that. And just let me give you an overview. They're asking to change the zoning from NR-2 to NR-3 but with the restriction that you'll have -- tile net result is only one Page 26 more house than you would normally g~t in that same area with tile NR-2, okay? So ~ey're really asking for very little difference. But what they are proposing and what the Code would hold them to is, like I said, ahnost a third of that land area between your existing property and the property to be developed is going to stay in the natural state. MR. ELL[S: BeCause of the floodplain? COMMISSIONER MULROY: Yes, sir. MR. ELLIS: okay. Just -- the reason we crone is because we didn't know what was going on. We came 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 consider a quality subdivision. And he's not asking for a whole bunch because he's only going to get one more house than he could get without coming to us at all. And if I'm wrong, tell me. And if not, I'll hush. MS. CARPENTER: YOU're COITect, [Mr. PowelI. COMMISSIONER MULROY: Thank you, Mr. Powell. Okay. At this time, Mr, Strange, you have the opportunity to rebut, if you would like, since we did have one definite opposition. MR. STRANGE: well, I'm sorry that the Ellis' didn't get a notice. I didn't handle the notices. But I would have been happy to have met with them as I did with several people that were unable to come at their Page 28 convenience and address the question or any concerns that they had as to -- that we would only be doing -- building on this particular site, on that side of the creek. And, again, providing a buffer against their property, and trying to be a good neighbor. And I'd answer any questions that anyone would have. COMMISSIONER MULROY: Yeah. Ms. Holt has a question, Jim. COMMISSIONER HOLT: NO, I don't, not at this time. MR. STRANGE: Thank you. here to find out. And it sounds like a lot not settled because you just said that isn't anywhere near like what it might be. We don't know. Still don't know. COMMISSIONER MULROY: This is just tho zoning only and malty not the platting issue. MR. ELLIS: ~ut I wouldn't change fl~e zoning myself unless I knew exactly what was going to be done. So I'm opposed. COMMISSIONER MULROY: okay. Thank you, Mr. Ellis. Okay. Mx. Powell, did you have a question? COMMISSIONER POWELL: Yeah. In the interest of maybe clearing tilings up, I'm going to repeat what's been said two or three times, but I'll try to do it in a plain fashion. Right this moment, Mr. Strange could 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER MULROY: All right. Thank you, Mr. Strange. Okay. With that, I'm going to close the public hearing. And we are going to be -- entertain a motion or discussion. Conunissioner Watkins. COMMISSIONER WATKINS: Yes, Mr. Chairman, would like to move approval of Z-04-0018. COMMISSIONER MULROY: with the conditions as proposed? COMMISSIONER WATKINS: AS proposed. COMMISSIONER MULROY: okay. Thank you. Mr. Johnson. COMMISSIONER JOHNSON: Yeah. I'd like to second that, but I would like to say something else that Bob, I think, you ahnost got right. In addition to the PLANNING AND ZON1NG MAY 12TH, 2004 MINIYrES Page 25 - Page 28 CondenseltTM 5 6 7 8 9 10 iI 12 13 14 i5 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 lO 1I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 29 one house, we're also talking about a slight difference in setbacks? COMMISSIONER POWELL: Yes, sir. COMMISSIONER JOHNSON: And that is a little bit different than what's in the area. Now, another -- another item, though, is that -- to build'the -- the eight houses or thc seven houses is the zoning does not require them to be any certain size. So they could be very small houses arranged really quite a bit differently. So this probably looks -- the way it's envisioned, and the way it's been described looks to me to be, even though it's a little bit untypical from what's in the area, a quality development for the ama with minimal change to any requirements that we have by virtue of the overlay district. So I'm in favor of it and that's why I seconded. COMMISSIONER MULROY: I have a motion from Mr. Watkins, second by Yh'. Johnson. Ms. Holt would like to speak. COMMISSIONER HOLT: Yes. I have a question. This is the first time this has come up and Monecito and Shadowbrook are bolla what I call luxury re,cas. And tbey have huge lots with big houses. This is the first time this has come up where one large lot is being sold off so on this one lot we will now have eight 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 31 can do that. But this whole area is based on these gigantic Iota with beautiful homes on it. And we start dipping into those lots, and one by one the people get older or they die or they say, you know, I can really a lot of money off of this. It happened here. And how do we as a 13 & Z protect tiffs kind of an area? Is it a zoning? Is it -- what is it. COMMISSIONER MULROY: Well, one -- let me jump in. Vicki, one way to protect it is to make sure we have ample lots available for the marketplace that desires this. And if you look at this in conjunction with Shadownbrook, it has, like, a mixed set of lot sizes for the marketplace. And if we had more of that, it would be a disincentive to break up the bigger houses that are already orientated and built on the larger lots. I think if the -- if the marketplace grows and we don't supply it, then that incentive will be on those older homes to take them down. And they already have Nl~-2 zoning now, so they could put a few of those lots together and come out with a similar -- without having to get a zoning change, they could come out with similar developments. So I think it's one way to answer you is to encourage that we address llae marke~lace and have this available in a sensible in-fill manner rather than a going into those established neighborhoods. This is more of a Page 30 houses. And I mn a little bit worried this could be the opening of Pandora's Box. All it's go£ng to take is several more of those people to decide, well, look what happened hem. I believe we can do this. We can sell off our lot and we're sitting here on three acres on this comer and we're going to rain a whole area. Now, I think it is a gorgeous area. I think Shadowbrook is a gorgeous area. And I think they are premier areas of Denton. And I am just a little bit worried about putting this type of development in that area. Now, I don't know -- and I mcan, I know you can with the zoning. There's no -- there's no debate on whether they can or they can't. They certainly can, but I think, we, as a Commission, ought to look at some other type of zoning for these lots or what could -- or what could prevent this from happening? COMMISSIONER MULROY: Mr. Roy. COMMISSIONER ROY: I understand your point, but doesn't the overlay district control this? I mean, it's going to be eight lots. COMMISSION'ER HOLT: Oh, I know. And I'm not concerned about this particular -- this particular development. I know it w[[[ be a beautiful development. What I am concerned about is the next lot that comes along, the next -- it's really not dividing it in .z they 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I8 19 20 21 22 23 24 25 Page 32 -- this house that's going to be dcrnolished is more of an island by itself. It wasn't in roll with the established streets of Santa Monier and Cannelle. So I mcan, that's one way to look at is to satisfy the need. COMMISSIONER HOLT: okay. Thank you. COMMISSIONER MULROY: Mr. Johnson. COMMISSIONER JOHNSON: well, what you're saying is correct, Vicki, but that exact thing can happen today with the lots across the street zoned as Ne-2 could be broken down and quite a few additional houses put on it. The only way to do what you're saying is to rezone the existing properties in that area to something much different than NR-~. My guess is if you went to do that, you might have some opposition from the neighborhood. They may not want -- they may want to retain some options. So I don't think that what you're saying can be -- is any different than can be done today already. COMMISSIONER MULROY: Mr, Roy, COMMISSIONER ROY: I think your point about what might happen in the future is ~omething very valid because there are some very large lots in the area, like I'm going to guess five acres, some of them. And it would change the nature of the whole area if we started doing this in a wholesale fashion. PLANNING AND ZONING MAY 12TH, 2004 MINUTES Page 29 - Page 32 CondenscltTM 1 2 3 4 5 6 7 8 9 t0 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 14 15 16 17 18 19 20 21 22 23 24 25 Page 33 I personally mn convinced that there is a market for these kinds of luxury, I'll use that terns, homes in this kind of a setting. And I believe that we've akeady approved another developmem ia the general area across from Hobson that's being developed. I can't remember the nmne of itt but they're town t~omes, higher end town homes are being built there. And I think it's just a matter of what the market demands. But it behooves us to protect thc neighborhood. And I think John is right that if somebody across the street wanted to do a further development, then I believe the neighborhood would probably be a lot more concerned about it. And then what happens here is going to be an important example, I think, of what can be done. And if they do it rigt~t, I think they'll be able to use the example. And I believe they've already used the example of Treemont. So I'm going to support this. This is my neighborhood and I was concerned about it. But after looking at it and listening to the story, I think I can support it~ and I will support it. COMMISSIONER MULROY: okay. We have a morion from Mr. Watkins, a second by Mr. Johnson. Any further discussion or questions? If not, please, vote. Motion carrie~ 5-1. Thank you. Thank you for the good discussion. Page 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 i7 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 PLANNING AND ZONING MAY 12TH, 2004 MINUTES Page 35 Page 36 Page 33 - Page 36 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBOR_HOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY DISTRICT, FOR APPROXIMATELY 3.6 ACRES OF LAND LOCATED GENERALLY ON THE SOUTHEAST CORNER OF SANTA MONICA DRIVE AND EL PASEO AND LEGALLY DESCRIBED AS TRACT 9 OF THE A. GIBSON SURVEY IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; SUCH OVERLAY DISTRICT ESTABLISHES DIFFERENT REGULATIONS THEN WOULD BE NORMALLY PERMITTED IN THE NR-3 DISTRICT, INCLUDING THE REDUCTION OF TIlE NUMBER OF PERMITTED RESDENTIAL LOTS, REDUCTION OF REQUIRED SIDE YARD SETBACKS, THE INCREASING OF PERMITTED LOT COVERAGE, AND THE REDUCTION OF REQUIRED LANDSCAPE COVERAGE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABmITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0018) WHEREAS, Trilogy Management, L.L.C. has apphed for a change in zoning for approximately 3.6 acres of land particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from Neighborhood Residential 2 (NR-2) zoning district classification and use designation to Neighborhood Residential 3 (NR-3) zoning district classification and use designation with an overlay district; and WHEREAS, on May 12, 2004, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council makes the following findings: a. The change in zoning, including the overlay district, is consistent with the Comprehensive Plan; and The overlay district will protect and enhance the Property and surrounding area which are distinct from lands and structures outside of the overlay district and the immediate neighborhood; and The regulations imposed in the overlay district serve important and substantial public interests by preserving the integrity of the neighborhood surrounding the overlay district while offering a different type of residential home to the public and the neighborhood; 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 zoning district classification and use designation of the Propertyis hereby changed from Neighborhood Residential 2 (NR-2) zoning district classification and use designation to Neighborhood Residential 3 (NR-3) zoning district classification and use designation, with an overlay district (the "Overlay District") comaining the following regulations: a. The maximum number of residential lots is 8. b. The minimum side yard setback is 4 feet. c. The maximum lot coverage is 60%. d. The minimum landscape coverage is 40%. The above regulations shall control within the Overlay District over any conflicting regulations for the NR-3 zoning district contained in the Denton Development Code. SECTION 2. The City's official zoning map is amended to show the change in zoning district classification including a reference to the Overlay District. 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 tiffs ordinance are severable. SECTION 4. Anyperson violating any provision ofttfis 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. PASSED AND APPROVED this the __ day of ,2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: PROVED ^S arL- GAL geM: HERB E~.~ ORNEY BY: ~ ~/ Page 2 Exhibit A a~ ~ing ~h~ ~o~th p~ o~ a 14,0~9 ac~a tr~ ou~ o~ ~u~d ~rouqh trOc~ ~ing mo~e pmrtic~lar~ dO. cZibed a{ ~oll~={ AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: June 15, 2004 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT - Z04-0016 (Central Village Estates) Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 13.07 acres, consisting of approximately 1.27 acres from an Employment Center Commercial (EC-C) zoning district to a Neighborhood Residential 6 (NR-6) zoning district; approximately 0.82 acres from a Neighborhood Residential 2 (NR-2) zoning district to an Employment Center Commercial (EC-C) zoning district; approximately 4.5 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 4 (NR-4) zoning district; and approximately 6.4 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 6 (NR-6) zoning district. The property is located approximately 450 feet north of Bent Creek Drive, approximately 100 feet east of Forth Worth Drive, on the west side Country Club Road. The Planning and Zoning Commission recommends approval (4-0). BACKGROUND Applicant: Isbell Engineering Group. Inc. Sanger, TX The applicant is requesting the zoning change in order to subdivide the property for residential and industrial uses. The applicant is proposing to rezone approximately 13.1 acres from EC-C and NR-2 zoning districts to NR-4, NR-6 and EC-C zoning districts. The following chart summarizes the applicant's current proposal: CURRENT ZONING ACREAGE PROPOSED ZONING EC-C 1.27 NR-6 NR-2 0.82 EC-C NR-2 6.49 NR-6 NR-2 4.58 NR-4 At the March 24, 2004, Planning & Zoning Commission meeting the applicant requested a zoning change (Z04-0005) of this site for approximately 16.58 acres in order to subdivide for residential and industrial uses. The Planning & Zoning Commission recommended denial (6-0; Mulroy absent) of the request to rezone the property. The applicant withdrew the application prior to City Council consideration. The chart on the following page summarizes the applicant's previous request: CURRENT ZONING EXiSTiNG ACREAGE PROPOSED ZONING EC-C 1.27 NR-6 NR-2 0.82 EC-C NR-2 9.7 NR-6 NR-2 4.79 NR-4 The applicant has significantly modified the proposal from the former zoning request: 1. The frontage along Country Club Road will remain NR-2, providing a gradual zoning transition; 2. The proposed NR-4 zoning designation corresponds to the density of lots adjacent to the south (Bent Creek subdivision); 3. The NR-4 zoning designation provides a density buffer between the existing NR-3 zoning designation (Bent Creek subdivision) and the proposed NR-6 zoning district. A corresponding comprehensive plan amendment for a portion of the site was also on the March 24, 2004, Planning & Zoning Commission agenda (CA04-0001). The purpose of the amendment was to re-designate approximately 1.27 acres of land from Employment Centers to Neighborhood Centers land use and 0.82 acres from Neighborhood Centers to Employment Centers land use. The comprehensive plan amendment was approved by City Council April 20, 2004. Though the comprehensive plan amendment was approved, the properties have not been rezoned. The property currently designated as Neighborhood Centers retained its former zoning of EC-C. Conversely, a portion of the former Employment Centers designation has not been amended to reflect its potential neighborhood residential zoning designation. A neighborhood meeting was held on May 19, 2004, at the Denia Recreation Center. The neighboring residents and property owners expressed concerns regarding property values and the type of homes to be developed. A summary of the issues discussed during the meeting is provided in Attachment 6. A neighborhood meeting for the previous rezoning request was held on February 18, 2004. Staff held a predesign meeting with the applicant and the owner of the property on January 29, 2004. During the meeting, staff recommended the applicant pursue a zoning density compatible with the surrounding areas. Staff considers the request to rezone the subject property to NR-4, NR-6 and EC-C to be compatible with the surrounding areas. Public notification and property owner responses are provided in Attachment 3. As of this writing, staff has received 1 written response in favor and one written response in opposition from property owners within 200 feet of the subject site. Currently, 2.4% of the land within 200 feet of the subject property is owned by people in opposition to the request. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Johnson absent). Commission recommends approval (4-0; Commissioners Roy and ESTIMATED PROJECT SCHEDULE The subject property is platted. The applicant will be required to obtain a building permit for the office prior to the issuance of a certificate of occupancy. PRIOR ACTION/REVIEW The following is a chronology of Z04-0016: May 26, 2004, Planning & Zoning Commission approved (4-0) a request to rezone approximately 13.07 acres, consisting of approximately 1.27 acres from an Employment Center Commercial (EC-C) zoning district to a Neighborhood Residential 6 (NR-6) zoning district; approximately 0.82 acres from a Neighborhood Residential 2 (NR-2) zoning district to an Employment Center Commercial (EC-C) zoning district; approximately 4.5 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 4 (NR-4) zoning district; and approximately 6.4 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 6 (NR-6) zoning district March 24, 2004, Planning & Zoning Commission denied (6-0) a request (Z04-0005) to rezone approximately 16.5 acres from Employment Center Commercial (EC-C) and Neighborhood Residential 2 (NR-2) zoning districts to Neighborhood Residential 4 (NR-4), Neighborhood Residential 6 (NR-6) and Employment Center Commercial (EC-C) zoning districts (Attachment 7). November 12, 2003, Planning & Zoning Commission denied (6-0) a request (Z03-0026) to rezone approximately 5.4 acres, commonly referred to as 3050 Country Club Road, from Neighborhood Residential 2 (NR-2) to Neighborhood Residential 4 (NR-4) zoning district (Attachment 8). Ordinance 2002-040, adopted February 2002 placed the subject property in the Neighborhood Residential-2 (NR-2) zoning district and land use classification. Prior to the adoption of the Development Code (Ordinance 2002-040), the property was zoned Agricultural. A neighborhood meeting was held May 19, 2004 (Attachment 6). A neighborhood meeting was held February 18, 2004. A Predesign meeting was held January 29, 2004. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification (Property Owner Notification Map) 4. Public Notification Responses 5. Employment Center Commercial (EC-C) Land Use and General Regulations Charts 6. Neighborhood Meeting Summary 7. Minutes from the March 24, 2004, Planning & Zoning Commission Meeting 8. Minutes from the November 12, 2003, Planning & Zoning Commission Meeting 9. Letter from the applicant to the Planning & Zoning Commission 10. Site Photos 11. May 26, 2004, Planning & Zoning Commission Meeting Minutes 12. Draft Ordinance Prepared by: Chris Fuller Planner I Respectfully submitted: Kelly Carpenter, AICP ~ Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Zoning Request CURRENT ZONING ACREAGE PROPOSED ZONING EC-C 1.27 NR-6 NR-2 0.82 EC-C NR-2 6.49 NR-6 NR-2 4.58 NR-4 Existing Condition of Property The subject property is vacant and is not in a flood plain. Adjacent Zoning North: Neighborhood Residential 2 (NR-2) and Employment Center Commercial (EC-C) zoning districts South: Neighborhood Residential 3 (NR-3) zoning district East: Neighborhood Residential 2 (NR-2) zoning district West: Employment Center Commercial (EC-C) zoning district There are single-family residential uses adjacent to the southern boundary of the subject property (Bent Creek Estates Subdivision) and across Country Club Road to the east (Regency Oaks Subdivision). The properties to the north are developed as single-family residential along Country Club Road and as industrial uses along Fort Worth Drive. The properties to the west are developed as industrial uses. Comprehensive Plan Analysis A portion of the subject site is located in a "Neighborhood Centers" future land use area. Neighborhood Centers Development contains a mix of housing types including single-family detached or attached dwellings, two-family dwellings, small-structure multi-family dwellings and mixed-use dwelling units. It also contains uses other than residential that serve the neighborhood like school and civic uses, post offices, parks, mass transportation hubs, limited service-oriented retail & office, ecumenical & service organizations. The surrounding developed residential properties consist of single-family lots similar to those proposed by the applicant. The request to rezone the subject property is compatible with the Future Land Use Plan (Neighborhood Centers) and with the surrounding zoning designations. The proposed zoning change is in compliance with the Denton Plan. A portion of the subject site is located within an "Employment Center" future land use area. Employment Centers are intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. Employment centers are also intended to accommodate secondary uses that complement or support the primary workplace uses, such a hotels, restaurants, convenience shopping, and child care. Adequate public facilities shall be a criterion by which zoning is granted. 5 The applicant's request to rezone approximately 0.8 acres from NR-2 to EC-C would allow the applicant to extend the existing EC-C zoning designation that currently exists along Fort Worth Drive. The request corresponds to a comprehensive plan amendment approved by City Council on April 20, 2004. The request to rezone the subject property is compatible with the Future Land Use Plan (Employment Centers) and with the surrounding zoning designations. The proposed zoning change is in compliance with the Denton Plan. Development Review Analysis Transportation If more than 1,000 trips are generated per day or if 100 trips are generated per hour a Trip Impact Analysis will be required. Access and Connectivity The site will be accessed by Fort Worth Drive and Country Club Road. If approved, the new lots will provide connectivity to the adjacent properties to the north and east. Public Infrastructure The city tile maps show a 16" water main along the east side of U.S. Highway 377, a 12" water main along the east side of Country Club Road, and an 8" water main at the entrance to Bent Creek Estates. The city tile maps show an 8" sewer main along the east side of Country Club Road (south of Regency Court) and a 10 sewer main to the west side of U.S. Highway 377 near the north property line frontage. Development Code / Zoning Analysis The subject property was zoned Agricultural prior to the adoption of the Development Code. The Agricultural zoning designation was typically considered a "holding" zoning category with the understanding that a higher intensity may be appropriate when the property was developed. Determining the appropriate zoning designation at the time when development is prone to occur allows for a more detailed analysis of the current development trends. Adjacent property owners realize that adjacent Agricultural property would be rezoned at a later date and based their opposition or approval on the proposed zoning category. Property that was zoned Agricultural and in the Neighborhood Centers land Use Category was typically rezoned to NR-2. Based on recent zoning cases, it appears that adjacent property owners now view a request to up-zone NR- 2 zoned property as an increase in intensity as opposed to the "first" zoning of the property. Based on the current Neighborhood Residential 2 (NR-2) zoning district, 2 dwelling units are allowed per acre for single-family uses. The applicant is proposing to rezone approximately 4.58 acres from NR-2 to Neighborhood Residential 4 (NR-4). The Neighborhood Residential 4 zoning district allows a maximum density of 4 dwelling units per acre, which are permitted in the form of detached single-family and duplex units. The NR-4 zoning district would allow the applicant to subdivide the property into a maximum of 18 single-family lots. The applicant is also proposing to rezone approximately 6.49 acres from NR-2 to Neighborhood Residential 6 (NR-6), as well as 1.27 acres from Employment Center Commercial (EC-C) to NR-6, which corresponds to a comprehensive plan amendment (CA04-0001) approved by City Council on April 20, 2004. The Neighborhood Residential 6 zoning district allows a maximum density of 6 dwelling units per acre, which are permitted in the form of detached single-family dwelling units, attached single-family dwelling units (i.e. townhomes) and duplex units. Attached single-family dwelling units are allowed with approval of a Specific Use Permit. Rezoning approximately 7.7 acres to the NR-6 zoning designation would allow the applicant to subdivide the property into a maximum of 46 single-family lots. The request to rezone approximately 0.8 acres from NR-2 to EC-C would allow the applicant to extend the existing EC-C zoning designation that currently exists along Fort Worth Drive, which also corresponds to a comprehensive plan amendment approved by City Council on April 20, 2004. The chart below illustrates the difference between the zoning districts. Limitations for each use are explained below the chart. Single Family Dwellings Accessory Dwelling Units P SUP L(1) N SUP L(1) SUP P SUP L(1) SUP SUP L(1) P Attached Single Family Dwellings Live/VVork Units N N N L(16) Duplexes N N L(3) P Community Homes For the P P P P Disabled Group Homes N N N N Multi-Family Dwellings N N N N Manufactured Housing SUP N N SUP Developments Maximum density, dwelling units per acre 3.5 Maximum lot coverage 30% 50% 60% 60% Minimum landscaped area 70% 55% 40% 40% Maximum building height 40 feet 40 feet 40 feet 40 feet Limitations: L(I): Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must conform to the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000sq. ft. GHFA. 4. One additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. L(3): In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units must have the appearance of a single-family residence from the street. L(16): Uses are limited to no more than 1,500 square feet of gross floor area per lot. The limitations listed above regulate the specifics of each use allowed within the zoning district. Any proposed development on this site is required to be in compliance with the site design standards of the Development Code. An approved site plan for the proposed development will be required prior to the issuance of any building permit. Staff Findings · The proposed zoning changes provide a gradual zoning transition from the existing neighborhoods along Country Club Road to the EC-C zoning district along Fort Worth Drive. · The proposed zoning change is compatible with the Neighborhood Centers and Employment Centers Future Land Use designations. · The proposed zoning change is compliance with the intent of the Denton Plan. Staff Recommendation Based on the above findings, staff recommends approval of the requested zoning change. ATTACHMENT 2 Location/Zoning Map NORTH Land Use Map ATTACHMENT 3 Notification Map NORTH Scale: None Public Notification Date: May 13, 2004 200' Legal Notices* sent via Certified Mail: 36 Number of responses to 200' Legal Notice: · In Opposition: 3 · In Favor: 2 · Neutral: 0 Percentage of Opposition: 2.4% *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 , , , -- Attachment 4 ' ' NOTICE OF PUBLIC HEAP. I:N Z04-0016 The'Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 26, 2004, to consider making a recommendation to City Council regarding the rezoning of approximately '1.27 acres from an Employment Center Commercial (EC-C) zoning 'district to a Neighborhood Residential 6 (NR-6) zoning district; approximately 0.82 acres from a Neighborhood Residential 2 (NR-2) zoning district'to an Employment Center Commercial (EC-C) zoning district; approximately 4.58 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 4 (NR.4) zoning district; and approximately 6.4 acres from a Neighborhood Residential 2 (NR~2) zoning district to a Neighborhood Residential 6 (NR-6) zoning district. The property is located approximately 450 feet north of Bent Creek Drive, approximately 100 feet east of Forth Worth Drive, on the west side Country CIub Road. The public hearing will start at 6:30 p.m. in the City Council' Chambers of City.Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken 'into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department · 221 N. Elm ST Denton, Texas 76201 At'tn: Chris Fuller, Project Manager These forms are. used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition.  Please circle one: Neutral to request Opposed to request Re -Signature: , Printed Name: ~)1"( ~ ~x Mailing Address: J:), c.), City, State Zip: .~ ¢.~,,pcv.,. Telephone Number; __ ~'~- O~2 ~ t¢ Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 940.349.8350 * (F) 940.349+7707 NO'I'T. CE. OF PUBLZ¢ HE,.,R'rN , Z04.0016 Tl~e Planning and Zoning Commission of ~e City of Denton wilt hold a public hearing on Wednesday, May 26, 2004, to consider making a recommendation to City Counci{ regarding the rezoning of approximately 1.27 acres from an Employment Center Commercial (EC-C) zoning district to a Neighborhood Residential 6 (NR-6) zoning district; approximately 0,82 acres from a Neighborhood Residential 2 (NR-2) zoning dis:dc: to an Employment Center Commercial (EC-C) zoning district; approximately 4.58 acres from a NeigtlDorhood Resi0ential 2 -(NR-2) zoning district t~ a Neighborhood Residential 4 (NR-4) zoning district; and approximately 6.4 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighbor'nood Residential 6 (NR-6) zoning district. The property is located approximately 450 feet north of Bent Creek Drive, approximately 100 feet east of Forth Worth Ddve, on the west side Country Club Road. The pubI~c hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E, McKinney Street, Denton, Texas. Because you own property within ~vo hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and in,es you fo attend the public hearing.. Please, in order for your opinion to 'be taken into accc~,..,nt' .~.~t~l~l~I .t.h.~.~.fl~l~..~..yOU~ ~rm~ priam-to, the date of tbe_pubtic-headng--(-.T, hi.~ in no way prohibits you from attending and participating in the pubfic hearing.) You may fax it to the number located at:he bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 At"tn: Chris Fuller, Project Manager These forms are used to calculate the percentage of landownem that support and oppose the request. The Commission is informed of the percent Of responses in support and in Opposition, Please cin31e one: In favor of request Neutral to reclues~ ~ to request ~ Reasons for Opposition: Mailing - z p: ~ O~ ~TO~, ~S GI~ HALL WEST · DE~ON, TE~S 7620~ · ~o.~g3'~ · .(F) ~0.~9.~07 NOT'J:¢E OF PUBL]:¢ HEAR:EN Z04-0016 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 26, 2004, to consider making a recommendation to City Council regarding the rezoning of approximately 1.27 acres from an Employment Center Commercial (EC-C/ zoning district to a Neighborhood Residential 6 (NR-6) zoning district; approximately 0.82 acres from a Neighborhood Residential 2 (NR-2) zoning district to an Employment Center Commercial (EC-C) zoning district; approximately 4.58 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 4 (NR-4) zoning district; and approximately 6.4 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 6 (NR-6) zoning district. The property is located approximately 450 feet north of Bent Creek Drive, approximately 100 feet east of Forth Worth Drive, on the west side Country Club Road. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas: Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how' you fee/about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the pubtic hearing. IThis in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Chris Fuller, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commiss[on is informed of the percent of responses in support and in opposition. Please circle one: ~ of re Neutral to request. Opposed to request Rea~n: Signature: (,~d~- ~ Printed Name:v City, State Zip: Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CiTY HALL WEST · DENTON, TEXAS 76201 ' 940.349.8350 · (F) 940.349.7707 NOT'iCE OF PUBLIC HEAP. Z04'0016 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 26, 2004,.to consider making a recommendation to City Council regarding the rezoning of approximately 1.27 acres .from an Employment Center Commercial (EC-C) zoning district to a Neighborhood Residential 6 (NR-6) zoning district; approximately 0.82 acres from a Neighborhood Residential 2 (NR-2) zoning district to an Employment Center Commercial (EC-C) zoning district; approximately 4.58 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 4 (NR-4) zoning district; and approximately 6.4 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 6. (NR-6) zoning district. The property is located approximately 450 feet north of Bent Creek Drive, approximately 100 feet east of Forth Worth Drive, on the west side Country Club Road. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas.' Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mai[ it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Chris Fuller, ProJect Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition, Please circle one: In favor of request Neutral to request Opposed to request Reasons for Opposition: I strongly oppose this rezoning an~ building more houses in .this.~area. There is a real serious traffic problem ~ I haye lived at 30B2 Country Cq.h for twenty ..six (26) years , the traffic problem has slowly deteriorated every year. Then the city puts a signal light at the corner of 377 and 1830 and made the problem worse. Before the city approves anything in this area, they need Printed Name: Bill DeBerr¥ Mailing Address: 2025 W. Ur. ivcrc'.'t7 Dr, City, State Zip: Denton, Texas 76201 Telephone Number: 940-383-4200 Physical Address of Property within 200 feet: the traffic probl'em, I know I live there. This letter will have no effect, Pe~idence 3032 Cc'~ntry Club Rd. 76210 3032 Country Club Rd. CITY OF DENTON, TEXAS .~.~' ~ ;,i '. CITY HALL WEST · DENTON, TEXAS 76201 · 940.349.8350 · (F) 940,349.7707 NOTICE OF PUBLIC HEARING · Z04-0016 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 26, 2004, to consider making a recommendation to City Council regarding the rezoning of approximately 1.27 acres from an Employment Center Commercial (EC-C) zoning district to a Neighborhood Residential 6 (NR-6) zoning district; approximately 0.82 acres from a Neighborhood Residential 2 (NR-2) zoning district to an Employment Center Commercial (EC-C) zoning district; approximately 4158 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 4 (NR-4) zoning district; and approximately 6.4 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 6 (NR-6) zoning district. The property is located approximately 450 feet north of Bent Creek Drive, approximately 100 feet east of Forth Worth Drive, on the west side Country Club Road. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning. Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Chris'Fuller, Project Manager 05-£5-04/~08:50 RCYD These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one~ In favor of request Neutral to request Reasons for Opposition: Printed Name~.' -b-f%~_ Mailing Address: "Gi. Pq City, State Zip:~z~'~'~'~-'¢'" 1~, '"'/I...o,~'~ Telephone Number: Physical Address of Property within 200 feet: _~f)q~ ~:::~.¢ta~.: _..~-~ C~, CITY OF DENTON, TEXAS CITY HALLWEST · DENTON, TEXAS 76201 · 940.349.8350 · (F) 940.349.7707 ATTACHMENT 5 The following uses and their accessory uses are permitted within the Employment Centers zoning district: Agriculture P Livestock L(7) Single Family Dwellings N Accessory Dwelling Units N Attached Single Family N Dwellings Dwellings Above Businesses N Live/Work Units N Duplexes N Community Homes For the N Disabled Group Homes N Multi-Family Dwellings N Basic Utilities P Community Service P Parks and Open Space P Churches P Semi-public, Halls, Clubs, p and Lodges Business / Trade School P Adult or Child Day Care P Colleges P Hospital P Elderly Housing P Medical Centers P Mortuaries P Printing / Publishing P Bakeries P Manufacture of Non- P odoriferous Foods Light Manufacturing P Wholesale Sales P Self-service Storage P Kennels P Veterinary Clinics P Hotels P Motels P Retail Sales and Service P Restaurant or Private Club P Drive-through Facility P Professional Services and P Offices Quick Vehicle Servicing P Vehicle Repair P Auto and RV Sales P Laundry Facilities P Outdoor Recreation P Indoor Recreation P Major Event Entertainment P Commercial Parking Lots P Administrative or Research P Facilities Broadcasting of Production P Studio Minimum yard abutting a single family use or district 30 feet, plus 1 foot for each foot of building height above 30 feet Maximum lot coverage 80% Minimum landscaped area 20% Maximum building height 100 feet Section 35.13.8 of the Development Code states that a buffer shall be required for non-residential uses adjacent to residential uses or zoning districts. This does not apply to existing non- residential uses. ATTACHMENT 6 Central Village Estates Neighborhood Meeting May 19, 2004 The Planning Departmem encourages applicams who are pursuing a rezoning request to convene a neighborhood meeting to further dialogue among the applicam and neighboring residems and property owners. Z04-0016 Cemral Village Estates Staff provided a summary of the zoning request and imroduced the applicam, Vicki Oppenheim, Isbell Engineering. Ms. Oppenheim, along with the property owner, presemed their proposal to rezone the property. The meeting concluded with a question and answer period from the audience. In Attendance: Planning Staff: Chris Fuller Applicam: Vicki Oppenheim Property Owner: Steve Ehrlich Approximately 7 City of DeNon Citizens The following issues were discussed during the meeting: · Potential impact of development on property values within the area. · Platting issues (sewerage, drainage, imernal street widths). · Home size; lot layouts. Applicam Response (See attachmem 8): · Density will be in conformance with proposed zoning and Developmem regulations. · The developmem standards will be in accordance with the Developmem Code. Code Attachment 7 Condens¢lt 1 2 4 5 7 9 .1 :12 13 14 15 16 t7 19 21 22 24 25 1 2 3 4 ? 10 11 I2 13 14 i$ 16 17 15 20 23 25 Page 45 COMMISSIONER POWELL: we'r~ now on 40 because 413 has been pulled, so we're fit 4C. We're holding a public l~aring on a Comprchcmivc Plan An~ndntent of approximately 2.09 acres. The property is generally loeateA between Fort Worth Drive and Country Club Road immediately north of Bent Creek Estates Subdivision. Yes. nlalam, MS. THOPPIL: oood evening respected Chair, members of the Commission and alt present here. My name is Gluey Theppil and I'm a pta.n, ner in the Planning attd Dcv¢lopmm~t D~parttnent. T~o case ano4-oao~ eormnonly known as Central Village Eslate,% the applicant is Page 47 1 Ms. PALUMBO: I think th~'s somebody. 2 COMMIES[ONER POWELL: B~CUSe ng~. We do 3 have a sp~k~ and I apol0giz~. 4 · ~s. ALeE~mE: vm Vicki A¥~hine. 5 ~MMISS[O~ POWELL: oivc ~e a s~olld to 6 ~p~ ~o pubic h~ring officially: ~nk you. 7 almd. 8, Ms. AL~ENmNE: I'm VicM Alpcuhine w~th 9 Isbell Enslaving Oroup~ 1405 W~t Chapman Drive 10 San~, Texas. I ~nt to thank you tonight for this 11 oppo~ni~ m p~ent ~e ~n~a[ Village I2 ~vMop~t W~ have this Comprehensive Plan ~ndmont ~equesting for a Comprefiensive Plan Aracndment. The 2.09 acre site is a part of tho.Omtral Village Estates which is{~.59 acre in which tho owner proposes singb family rt~id~ntial units, The subj~t ~13 I4 15 16 that is interconnected with tim zoning amen&neat dial is forthcoming. And I just wanted to ~xplaia a little bit about tho reasoning boNnd the request. COMMISSiONeR pOWELL: EX(USO me, if I may site is localat t~tweon Fort Wash Drive and tile Country Club Road and it is north of Bent Cnmk Estates Subdivision, The si~ vequcsted for amendment contains fln~ separate areas. Area A. with 0.05 acres, Area B with 0.82 aere~ and C with 1,22 acres. And as se,n in thc zoning map, Areas A and C are currently zon~l aa Employment Cxnter Cornm~ciaL acc. and area B is zoned as Neighborhood Residcntial 2, Na-Z The future land uso elcmeat of th~ Denton Page 46 Plan adop~e,d in December 1999 has the areas A and C included as cmploymem c~nter. And ama B as neighborhood c~r, The r~u~t of thc applicant is ~ change ~c fu~ land uso designation cf ~s A and C from Emplo~nt C~n~ to N=i~borho~ ~n~s as woll as changing ~ B from NeJghb~hood ~nt~ ~ Emplo~ent ~n~. In ~is way thc existing ~P~cn~ ~ip witf b~ modifi~ into a ~ular $1mp~ dis~ct which will be be~r sui~ for fumm devolopm~t and will ~0 as a buff~ ~n Fca Wo~ Drive and ~ propos~ ~sidelltial d~wloptmnt. Th~ proposM am~em for ~s A, B and C is ¢oasistent with tho land use goals and policies of th~ ~n~n Plan, t~. About public mpons~ ~ notification ia fl~ 200 f~t bounda~ and &¢ 500 f~t boanda~, s~ff ~¢iv~ fl~ ~sponscs, all in favor of ~is am~n~nem I7 18 19 20 2I 22 23 24 25 inerrupt you a second. I'd like to opcu the public hearing on 4D, also, so that you can talk about them both at one time. MS. AL?ENHINE: okay. COMMISSIONER POWELL: Thank you. MS. ALPENHIN~: I want tO mention file Comprehsnsiv¢ Plan Amendment is a very minor adjustmcm to tho Denton Plan as it is now. We av~ looking at 16.5 acres as part of our zoning request, but only 2.09 acres 1 2 3 4 5 6 7 9 I0 ii 12 [3 14 15 16 Page 48 are being asked to be changed in the Comprehensive P/ann ' Amendment. 1.27 acres from Employment C,~oter ~o Neighborhood Center and less than alt acve from Neighborhood Center in Employment C~-r. And we are additionally asking for 4.8 acres to bo ~ned ~a.4 and a little over ten acres to be zoned Ns-6. As been mentioned, the surrounding zoning is cummtly Neighborhood Centers and Employmenl Centers. There's Employment Center along Fort Worth Drive and wg are asking ta add a small portion of .82 acres ~o this cen~: to create a more, conducive shape far development of an employment center along that area. Neighborhood centers are surrounding tn the northeast end s~uth ef this development. Employment Centers generally allow light manufacturing storage faailities, offices, restaurams, vohlcle repair, and no opposition letters. These ave tho photographs of the site. As you see it is a largely undevel~ed si~e, With this I conclude my presentation. Thank you. COMMISSIOlqER POWELL: Any questions of staff here? Seeing nrme, we have no speakers scheduled. Ti'ere not being any speakers, we will then close ~e public hearing. And I'll look for a motion or a discussion. 17 18 19 '20 21 22 23 24 25 commercial parking lots, but doe~ not allow residential uses, whereas Neighborhood C~ntcrs allow residential ase~ as well as small scale retail including offices and small rcstatwants. They've very different - landscaping requiremenls in Neighborhood C~nters between 20 and 70 percent and we're re4uestlng also as part of this change zo~e.R HR-6 and NR-4'S as I'lI be showing shortly. This is the Comprehensive Plan Amendment r~tuest as already been shown and basically tlfis area will ,LANNiNG AND ZONING COMMISSION MARCH 24, 2004 Page 45 - Page 48 Condcus¢ItTM 5 6 ? 8 9 I0 11 12 13 14 15 16 17 t8 19 2O 21 22 23 24 25 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I7 18 19 20 21 22 23 24 25 Page 49i he part Of th~ Single Family Development that we am proposing, This will be incorporated lute offices that are going to be fronting Fort Worth Drive. This section here most likely wilI bo in addition to an existing office just north of the site. And this emall triangle will be incorporated in the single family development. This is the concep! plan and as you can aec we've created a uniformly shaped area as employment centers for futur~ offic~ development on either side of this propoint road in this concept plan. And Ce ~m -- tl~ Neighborhood Center tlmt's being proposed right here would be incorporated into s ma~ plan single family devdopment of nR.6 in this area and NS-4 to the east, Some of the elements of this Concept Plan that have guided our zoning request and Compmh~msive Plan Pdnen&'acnt Request. a road ~ceess on Fort Worth Drive and CounW Club Road, no straight roads through from Fort Worth Drive to Country Club Road approxhnately 80 single family homes, And it's also as I've mentioned an area for offic*s fronting Fort Worth Drive, And we were proposing average tot sizes of 50 by 100 feet. This has been requested by the builders that are interested in this development. Larger lots are going to be in th~ No.4 District. Page 50 Cfa-tautly the area is largely undeveloped and we are just proposing to enhance the area and improve fl~z in~rastrnc~.re to handle thc proposed development, The zoning amenthnmt includes No.6 to the wes~ and low,r d~sity to the east. This is cmxeatty the central builders ,itc, They am tl~ owners of this propeax'y and developer. They will be overseeing the development as it progresses. Across the street are various indtutrJal and o[fice uses, Fultons and Jagoo. And the, so are some of the existing site conditions, largely vacant, undeveloped, Them is some residential property fronting Counu3, Club Road adjacent to tho property. Also, to the south Bent Creek Estates which aelualty in looking at the plat, tho lot size~ are very similar to those proposed in our development At this point several developers and homes are interested including Troll Wood Homes and these am examples of the type of homes they envisioned for lhls development. I lhank you for your time. I'm here to answer any questions. Thank you. COMMISSIONER POWELL: QUeStions of tile applic~m? Since there am no questions I will have a statement. I slncerely apologize for just going righ'~ at~ead like ~ bull in a china shop and forgetting the applicanL MS. ALPENHINE: Oh, that's fine. Thank 1 3 4 5 6 7 9 10 11 i2 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 51 you. COMM[$SIONF. R POWELL'. if there's no questions, we have two speakers that would like to speak on this issue thgt I have a card from. Mr. Scott Andrews, if he's hem would like to ~peak in opposition followed by Becky King. So if Ms. King will come down and sit in the front aisle hero and be ready when Mr. Andrews is finishexL Mr. Andrews, you have three minutes. MR. ANDREWS: My name iR Scott Andrews. And I reside at 3033 Country Club Road. And for the second time in six months, l'm t~rc to ask the Conm~issJon to deny this request to rezone th~ property on Country Club Road approximately 500 feet from me. When this project was just five acres, the Co:m~tission unanimously denied the tuques: to increase the density from the existing i,;a-a to No4. NOW, that the proposed development has tripled in size, the requested density in some sections is as iow as NIl-6, flu~ times 8rearer. ' As mentioned earlier, file proposed zoning change is not consistent with any adjacent properly and has the po~tiai of reversing a ~nd in this area of larger tols and less density. Again, there will bo a greater test of th~ existing transportation infraslrueture for no improvements or plan for Country Club Road. While I'm not here to hah I 3 5 6 7 9 10 1I 12 13 14 16 l?. 18 19 20 21 22 23 24 25 Page 52 the progress and development in this neighborhood, I do request that the City maintain the p~ent standards which w~ have entrusted to you to uphold. COMMISSIONER POWELL: Thank you, Mr. Andrmvs. Ms. Bmky King, would you give as your name and adthms, please, MS. KING: My nalI~O is Becky King. My husband Vinee and I live at g0O Regency Court which is right across Country Club Road from where the proposed entrance would be to this new subdivision, You received my letler, I think, tI~is evening at the beginning of your work session. And I'll refer to that letter because fl~ere isn't a lot of time to speak extemporaneously. I did bring a couple of pictures that I ~ook this at'moon. The ama now right adjacent to this parcel !ooks like this. These am at least one acre silos directly north of that parcel of land. Thi~: ig a photograph looking GU tho opposite side of the road to the southeast towards a ten acre single family home site and towards Regency Oaks which is one to time aero home sites. North and northeast of ~is am throe to thrm to m~ acm home sites atxeady built. Thc map that was -- the aerial view ~hat was shown a while ago was actually taken, 1 think, before the -- some of tho housing was put there. So it was PLANNING AND ZONING COMMISSION MARCH 24, 2004 Page 49 - Page 52 Condcns¢ItTM 1 2 5 6 7 10 11 12 14 15 16 17 19 20 21 22 23 l 2 3 ? 8 t0 12 ~3 14 15 16 17 iTM 22 23 :24 25 Page 53 misleading, It looks very bear and undeveloped which in actuality, they an: la~g~ lots and single fmnily homes a~dy iu ~. ~d we a~ oppos~ w ~is ~ning ~uesL We frei tl~t the ~a-~ ~ning which i~ ~ now is ~e most appropriam zoning for that p~c~l of land. It s~ as a p~f~t ~aaskion be~n ~e la~e open prods of hM which are a~O ,ingle hmlly homo sit~. B~n ~ and ~o v~ d~se subdivision ~at** di~tly m ~e sou~ of ~is parcel. And ~mbg na.a allows ~o hous~ p~ acm. And wouIfl he ~i~ ~e densi~ at lmst of whafs a~dy them. So fl~at would he a pgf~t buffg and ~ hope thru you wit1 a~ ~fl~ that and choose to lmm it as I want to say quicMy we're not oppos~ m ~fl~ment in &e am. We would not be oppos~ ~ a Compmhensiv* Plan ~at would nmybe div~ a lisle bit from ~a-~ in ~1~ am as long as.m-2 am ~e -- tho sense'of ~uId be kept along ~e Count~ Club Road a~ ~ause that's what ~'m m~ing about, the vi~ of that a~ mnsitioaing frmn alone la~ acm lots, those large multi-acm lots down m the v~ dmso neighbor~ is a~dy fl~. This proposal w~ld put ~o sine kind of densi~ even elos~ and would ~ke out fl~e buffer ~t is ~ now a, Ns-2. Thank you. COMMtSSIO~R POWELL: N0bedy has a Page 54 l 2 6 7 8 9 l0 Ii 12 t3 14 15 16 17 18 19 20 21 22 23 24 25 Page 55 you'll look at Zone E approximately 4.8 acres from Nr~.~ to HR-4, T[tC NR-4 zoning is four dwelling units per acre. Tho NR-2 wNch is currently there is two drilling units per acre. Tiao ~m-4 is single family residential, both detached single family and duplex mits. Zones A, D and C, tile applicant is requesting to rezone to ~a-a. Th~ ~a-o obviously would be six dwelling units per acre and can be detached single family attached single family which are town homes and duplex uses. Tile remaining zone is Zone B which rite applicant is proposing to rezone to acc, which would simply be as Ms, Thoppil and Ms. Alpenhimo hay, pointed out to clean up that area in teems of the zoning. There's an irregularly shaped zone there and that will simply bring conformance to that. Stuff has mailed 39 propt, ty owner notices. We've received five responses in opposition which now update~ that to 6.g percent and we've received -- pardon me -- two letters in favor of this rezoning. The applicant did have a meeting with staff prior to this request, a pre-desig~ meeting and a neighborhood meeting was held. The neighborhood meeting did involve property owners and resident, witlfin 200 feet to 600 feet of thc site. Density, lot layout, tho type of homes to be developed and increased traffic were issues that were question? Are there any other speakvts on this issue either 4C or 4D? Being none, I will close thes~ two public lw, arings at this time. And I suppose we need to vote on these separately and motions separately. l've j~st been reminded that I've bulled Page 56 brought up. Given the request is in conformance with the future land use plan, presuming the ordinance that's before you, rite case the C. ao~-OOl is approved, fids will then 1~ in conformance. We recommend approval. I'm open for any questions. Thank you. the china shop again. We didn't hear front staff on 4D and we do want to hear frmn staff on 4D. I'm just trying lo get homeearly. That's all. MR. FULLE~ Thatlk you and good evea~ing. I'll see if I can help. If you'll give me one moment to bring up an exhibit that I believe will aide in our discussion this evening, Just one moment, please. COMMISS£ONER lOWELL: Yen know, it~s u good thing I've got help on hmh sides here. MR. FULLER: If I eau direct your attention to the .enroll, I believe this exhibit may help expedite this discussion. Now, one thing I would like to point out before we begin, youql see that the silo, the proposed sim has been broken into zones. Pya done that so tha~ it will cotxcspond to the applicant's presentation. Zone,~ A tlu,ough E have no slgnlficance os' meaning o~h~ than being areas of the rezening simply 1o associate with the pre~qenlation given later. Anti that's in your backup as well The applicant is requesting to rezone -- ir 6 7 8 9 I0 il 12 13 14 15 16 17 I8 I9 20 21 22 23 24 25 COMMISSIONER POWELL: Mr. Roy. COMMISSIONER ROY: The Bent Creek Estates are NR-3? MR, ~LLE~ ' ~MM[SSION~ ROY; Tho applicant made a ~m~t that ~e v~ shnilar ~ the ones in Bent ~k Esm~ but yet it is Nx-a. i'm ~ing to ~asp ~at. How possib~ MR, ~LLEg; At pmnm~ for stuff to discuss lot size given thai an~ing ov~ ~o acres is going to be a densi~ issue which will de.nine what the lot layout will be. I can ~11 you ~¢ hism~ of ~e $~-~ for B~m C~k. I~ was ori~nally a ~. which al[ow~ for lot ~i~s ranging from 5,500 f~t up to ~he no~m~ lob which ar~ o~ the cul~e-sac O[ being up ~o 13,0000 squa~ f~t, ~o th~ is a wide raug¢ wi~in Bent C~k~ howevm', al ~hi~ point. I cammt cogent on fl~e lot layout. ~MMlgg[ONER ROY: okay. You'w answ~ PLANNING AND ZONING COlvlMISSION MARCH 24, 2004 Page 53 - Page 56 CondenseltTM 1 2 3 4 5 6 7 8 9 I0 12 13 14 15 16 17 15 19 20 21 22 23 25 1 2 3 4 5 6 7 8 9 l0 11 12 I3 14 15 16 17 18 19 20 22 23 24 25 Page 57 ,ny second qucstiotn And looking in the arc, a, the northern section of Bmr Cr~k clearly is thc larger lots adjacent to rite current Ns-2. okay. Thank you. MR. FULLER: YCg~ sir. COMMIgSIONF_.R POWF. LL~ Any Othm' qll~tions et' staff here? Seeing none,, I guess not. Then t gums we're at a point of discussion up lt~z. Staff want to rebut anylhing -- or excuse me, We applicant. MS. ALPI~NHIME: JUSt tO clarify On thc Bent Creek, just lookiag at the picts, this was platted in 1998 prior to the new Development Code. And there are many iots that am approximately the same siz~ as ours, 50 -~ almost 50 by 100 on all lots. And some of our lots are also larger as well in the ~,~-,* District. So it's very similar in '~rms of type of 1o~ size. COM~Ssm~R POWELL: ^nythlng else to ask the applicant while she's here? Seeing none~ thank you. Is tl~e anybody else hero that would like to speak on either C or D? No speakers. I will then again once more, I think legally this time close t~e public hearing and ask for ques~ons or discussion or a motion from here. I have 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ~5 16 17 18 ~9 20 21 Page 59 COMMI,S~IONER WA~KIN,.q: Okay. OOMM[SSIONF_~R POW[~LL~ okay. We have a motion to approve. We have a s~ond. And it's 4C, a Comprd~nsive Plan Amendment, not th~ zoning at this time, just to be ele~r. And since tlm~'s no more discussion, we have a motion, I'll call for a vote. There we go. Passes 5-1. (COMMISSIONER WATKINS VOTINO IN OPPOSITION) COMMIS$[ONF_.R POWELL: NOW. we'l~ OD 4D, which is rezoning of 16 and a half acres. Discussion? Motion? Mr, Roy. COMMI,SS[ONER ROY: In tt~ way of discussion, w~'ve been through this before and I think Mr. Watklns addressed it already. The strip along Caumry Club Road with tM larger lots, ! think is a beautiful strip. And the log right across the street a~ beautiful larg~ lots. And I think w~ - when wo adch~ssed this before, we had enact-ns about hurling ~p high,r, significantly higher density, twice tho density in this case ap against those nicer I realiT_~ that the applicant has moved and Mr, Johnson up first followed by Mr. Roy and Mr. Watkins. COMMIS~IOI'4ER JOHNSON: I'm ready to make a motion on Item 4C. I will defer that until - if somebody wan~s to discuss it. Page 58i COMMISSIONER POWELL: Mr. Roy. COMMISSIONER ROY: NO. I was going to make a motion on 4C as well. COMMISSIONER JOHNSON: I'd like to move that we recormnend to the C~ty Courted that CA-04-000] be! approved. That is a cleanup. It looks to me like it does rezone the properties to be mom consistent with the overall zoning in the area. So I'd move approval. COMMISSIONER POWELL: EXCllS¢ Tfle~ sir. But I don't like to he picky, but that's not a zoning situation. You said to rezone the properties. COMMISSIONER JOHNSON: YOUYe righL change the development plan, yeah. COMMISSIONER POWELD 'thank you. Is there a second to Mr. Jolmson's motion? COMMISSIONER ROY', I SgGOP, d. COMMISSIONER POWELL: Mr. Roy)'I think I heard first. Mr. Watkins, you're s[ilI up on the cue. COMMISSIONER WATKiNS: Thank you, Mr. Chairman, I just lOOk at Zone E and it's going to be 74R-4. ~t's right across the street from those beautiful large lots and I know we're going for density. But that's a pretty large jump. COMMISSIONER POWELL: Mr. Watkins, we're still on 4C. 22 23 24 25 1 2 3 4 5 6 7 8 9 1o Il 12 13 14 15 16 17 18 19 20 2t 22 23 24 25 Zone E has put the }qn-4 to mak~ it less of an issue, but it's stir significantly high~ than wtmt's currently in the area. And I think about our Denton Plan and the requirement to protect existing neighborhoods, So I'd Page 60 like to hear moro discussion from off,er Conunissioners, but I'm struggling with a way to go along with this. COMMISSIONE, R POWELL: I don't lik~ ~o pick on a Co~mnissioner, but Mr. Watkins was talking about this earlier. Would you like to get into COMMISSIONER WATKiNS: I might as well. We know that we're going to have to go to more density because of the price of file developments, the price of the infrastructure and so forth. But you have to ask yourself why is this such an important place to do it? And a lot of those people have lived there awhile. I think ~e people across tho road came to us and asked us for help as far as access. And this is the second time it's up. And I just - it just hurts to se~ lhose nice homes -- I don't know that I can mention 50 by 100 foot lots, but -- and beautiful hom~ can be built on that and a lot of people really want that. But why docs it have to be right I'm sorry. I'll shut up. COMMISSIONER POWELL: I think you made a good point. Mr, Johnson is on the cue, COMMI$S[ONER JOHNSON: woll~ also, in way of discussion is -- Regency across the road, probably actually less dense than that, Bent Cr~k which is NR-a in tmlh is probably more dense than that. go -- and I can sm thc need to do a phase-in or l~ buffering or PLANNING AND ZONING COMMISSION MARCH 24, 2004 Page 57 - Page 60 CondcnscItTM 2 3 4 5 6 7 8 10 11 12 t3 15 16 17 18 19 22 23 24 25 I 5 6 7 8 10 11 12 13 15 16 18 19 2O 21 22 23 24 25 Page 61 something, My gut fce. I ia what we'r~ calling Zone E to go to an NR4 lhea'o is an attempt to phase down or to mp~r off, but it's not *- I don't think it's enough. My gut f~ling is we should have a little bit l~ss density thev~, I'm not sum ithas to be NR-2, but I think Nu-4 may be litth: bit ~oo dense. So ~at's kind of the direction I'm leaning in. COMMISSIONER laOWELL: Wg'vo had disongsion and an indication of direotion and all sorts of things. Do we have a motion? Mr. Roy, are you about to do that? Oh, I've got Mr. $ohnson behind him. OOMMIg!glONER J'OHN~ON: I'll move that we reco~mn~nd d~nial of this r~zoning. eOM MI$$1'ONF-.R WATKIN$: COMMISglONF. R POWELI. x We have a motion by Mr. Johnson and a second by Mr. W~tkins, was it? r..'OMM[gS[ONF_.,R WA?KINg: Ygs, sir. OOMMI~BIONER POWELL: 'FO l'e.~olllm~llfI denial, b~t befor~ I do thaL Mr. Roy, you we~ first on tho COMMISSIONER ROY: I Was about [0 do that; COMM[SSION~-R POWELL: S0 i[*~ he, il accordingly? GOMMISSIONER ROY: COMMISSIONER POWELL; W0 [laVe ii mo~ion to ' Page 62 deny and a second. Is th~r~ any discussion on the motion? Th~n I'll call for a vot~, Tho motion to deny has bc~n approvgd 6-0. 1 2 3 4 5 6 7 9 i0 11 12 13 14 15 t6 t7 18 19 21 22 23 24 25 1 2 3 4 5 6 7 9 10 12 13 I4 15 16 17 19 2O 2~ 22 23 ~4 25 Page 63 Page 64 PLANNING AND ZONING COMMISSION MARCH 24, 2004 Pagz 61 - Page 64 ATTACHMENT 8 City of Denton Plannin~ & Zonin~ Minutes November 12, 2003 PRESENT: Commissioner Mulroy, Commissioner Strange, Commissioner Watkins, Commissioner Johnson, Commissioner Powell and Commissioner Holt. ABSENT: Commissioner Roy 6. PUBLIC HEARINGS - ZONING: The Commission held public hearings and considered making recommendations to City Council on the following items: mo The rezoning of approximately 5.4 acres from Neighborhood ResideNial 2 (NR-2) zoning district to Neighborhood ResideNial 4 (NR-4) zoning district. The site located at 3050 CouNry Club Road, was located approximately 1,300 feet south of Hobson Lane, west of CouNry Club Road (FM1830), and north of the BeN Creek Estates subdivision. Approximately 20 single-family resideNial lots were proposed. (Z03-0026, Ron Baxter Property, Chris Fuller). The public hearing was opened. Chris Fuller, Planner I, told Commissioner members the re-zoning request met the minimum requiremeNs and staff recommended approval. The following individuals spoke during the public hearing: Jane Stapler, 3048 CouNry Club Rd., DeNon, 76210 - opposed M. C. Burch, 4478 CouNry Club Rd., DeNon, 76210 - opposed Bill DeBerry, 3032 CouNry Club Rd., DeNon, 76210 - opposed Scott Andrews, 3033 CouNry Club Rd., DeNon, 76210 - opposed Vince King, 800 Regency Court, Denton, 76210 - opposed Kara Baxter, 18 Hanna Ct., Trophy Club, 76262 - favor The two main poiNs of opposition were increased traffic problems and more houses on each acre. The public hearing was closed. Commissioner Johnson motioned, Holt seconded to deny the request of a zoning change to NR- 4. ATTACHMENT 9 Ir ' Integrity In Engineering · iSBELL ENGINEERING GROUP, INC. CONSULTANTS IN ENGINEERING & PLANNING April 13, 2004 Members of the Planning and Zoning Commission City of Denton City Hall West Planning and Development Department 221 N. Elm Denton, TX 76201 Re: Central Village Estates ComprehenSive Plan Amendment and Zoning Change Request IEG No: C03324 Dear Planning and Zoning Commission: Isbell Engineering Group, Inc (lEG) respectfully submits the following justification letter on behalf of Steve Ehrlich for the zoning amendment application for the 13,16-acre Central V'dlage Estates on Fort Worth Driye. We request public hearings before the City of Denton Planning and Zoning CommissiOn and the City Council to consider the request, lEG will hold a neighborhood meeting prior to the Planning and Zoning Commission hearing. This application addresses neighborhood concerns expressed during meetings for a previous zoning application for Central Village Estates. lEG incorporated new boundaries and zomg classifications for this request. I. Introduction Isbell Engineering Group, Inc (lEG) requests the rezoning of 13.16 acres into five (5) zones. The zoning changes are summahzed as follows: Zone Current Existing Proposed Zo~ain~ Acreage Zoning ~ EC-C 0.05 NR-6 B (l&2) NR-2 0.82 EC-C C EC-C 1.22 NR.6 D N-R-2 6.49 NR-6 E r,m-2 .. 4.58 gu~-4 Total !.3.16 1405 W. Chapman ~r200. Sanger, Texas 76266 Phone: 940-458-7503 ' e-maih isbell@isbellengi~eedng.com Fax: 940-458-7417 This zoning amendment request complies with the current comprehensive plan designation as well as the 2.09-acre comprehensive plan amendment before the City Council on April 20th. This zoning amendment request is contingent upon the passage of that request. The zoning plan, a revision cfa previous zoning application, addresses issues raised by residents as well as City staff: 1. The development does not include any zoning request for property fronting Country Club Road. An approximate 300-foot frontage will remain NR-2. 2. The NR-4 (Zone E) is in an L-shape to act as a transition from the N-R-2 on Country Club Road to the NR-6 in Zone D. 3. Zone E also provides'a lower density buffer, between Central Village Estates and the Bent Creek Subdivision. 4. The NR-6 zoning is the most compatible use adjacent to the EC-C industrial areas. Townhouse (single-family attached) may be built adjacent to the existing industrial on Fort Worth Drive. 5. The N-R-4 zoning mirrors the density provided in the Bent Creek Estates subdivision. .That subdivision was built as a planned development prior to the City ofDenton's 2002 DeVelopment Code. Thus the current NR-3 zoning does not apply. The concept plan provides for 16 homes fronting the Bent Creek Estates to the south. Bent Creek Estates has approximately the same number, 15 homes, on its common northern boundary with Central Village Estates. II. Description of Site, Surrounding Land Uses, and Zoning The proposed Central Village Estates is located between Fort Worth Drive and Country Club Road in the City of Denton. The property is largely undeveloped, however it is located immediately north of the Bent Creek Estates single-family subdivision. The property is also located between retail/auto and office uses on Fort Worth Drive and extends south of single- family residences on County Club Road. Fort Worth Drive is characterized by a combination of industrial, retail, storage and auto uses as well as single-family dwellings. Industrial uses, such as Fulton's Metal and HardWare and Ague Public Company are directly across Fort Worth Drive. Immediately north on Fort Worth, Central Builders, the owner of the property, established its offices. Further north is undeveloped land. Immediately south are Speedway Mart, MG Cars and boat and self-storage facilities. Figure 1: Existing Uses Figure 2: Central Village Estates Site Figure 3: Bent Creek Estates, Existing Single-Family Subdivision South of Subject Property -4- Figure 4: Existing Commercial Establishments on Fort Worth Drive South of Site and North of Bent Creek Estates Figure 5: Central Builders Office Figure 6: Fulton's Metal and Hardware Figure 7: Existing Residence on Country Club Road -6- Figure 8: City of Denton Zoning Central V'fllage Estates will include approximately 58 single-family residences and 13 single-family attached'(towrahouses). A portion of the 0;82 EC-C (Zone B2) property will be an addition to the existing Central Builders' property to the north. The concept plan includes access to the development on Fort Worth Drive as well as Country Club Road. Providing access to both roads will reduce any Potential traffic impact to either road. Road eonnec'tivity will be provided to the north and east. As required by the City of Denton, a road will have alignment with Regency Oaks across County Club Road. The proposed zoning amendments are minor adjustments to the existing employment and neighborhood centers. The neighborhood center is a dominant land use designation in the area, and the proposed single-family development is an extension of the Bent Creek Estates, the existing single family residences on Country Club Road, and the Regency Oaks estate -7- development on east Country Club Road. There is also a considerable NRMU node to the north with apartment complexes and a Shell gas station. The zoning amendments for the NR-6 and NR4 are requested in decreasing density order from Fort Worth Drive to 300 feet off Country Club Road. This gradation of zoning districts, from NR-2 to NR-6, will provide a gradual transition from the existing residences on Country Club road to Fort Worth Drive, the more intensely traveled and developed road. Steve Ehrlich envisions selling the lots to Trailwood Homes, Brentgate Homes, and Springhill.. The homes will be one hundred (100) percent brick or masonry construction and will sell for $160,000 to $240,000. III. Description of Anticipated Impacts on City Schools The site, as currently zoned NR-2 with 25 houses, would generate 10 elementary students, 4 middle school students and 4 high school students. The zoning amendment would increase the number of students for 58 homes and 13 townhomes to 28 elementary students, 12 middle schooI students, and 12 high school students (Denton Independent School District multipliers). Utilities Field verification will be required of utility locations prior to design. Sanitary Sewer The receiving 10-inch diameter sewer on the west side of U.S. Highway 377 (Fort Worth Drive) has the capacity to handle anticipate flows from the subdivision. The sanitary sewer wilt require boring under Fort Worth Drive to the receiving sanitary sewer. Steve Ehrlich is coordinating with Demon Trinity Roofing, an adjacent owner in sharing the cost of the highway boring. Water Main An existing t6-inch water main is on the east side of Fort Worth Drive. An 8-inch water main will serve the subdivision and terminate with a connection to an existing 8-inch water main on Country Club Road. Solid Waste Residential The estimated solid waste generation should not significantly alter any variation in collection frequencies. Commercial Private collection is anticipated. Drainage This development will have surface drainage and storm sewer in one street. The general flow of surface water is from the northeast to the southwest tOward Fort Worth Drive. The drainage improvements will be addressed during the platting stage. Traffic According to the Denton MobiIity Plan, Fort Worth Drive is a primary major arterial and Country Club Road is a secondary major arterial. The zoning amendment will generate approximately 1,080 trips per day. Road dedications and improvements will be addressed during the platting stage and a traffic impact analysis will be conducted if deemed necessary by the City of Denton. IV. Request for Favorable Consideration After' reviewing the above letter content and accompanying documentation, we anticipate that you will agree with oUr presentation. We request the'City of Denton's favorable consideration of our zoning change request. We believe the proposed Central V'dlage Estates will be a benefit to the surrounding neighborhood and the City of Denton as a whole. We look forward to working with Central Village Estates- and the City of Denton to bring this project to a successful completion. We appreciate your time and consideration with this matter. Respectfully submitted, Isbell Engineering Group, Inc Vicki Oppenhein% AICP Senior Planner ATTACHMENT 10 Zoning Notifcation Sign Condons¢ltTM 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 37 COMMISSIONER POWELL: we're going to Item SE, rezoning of approximately 13.07 acres consisting of approximately 1.27 acres from an Employalent Center Colmnercial Zoning District to a Neighborhood Residential 6 Zoning District, approximately .82 acres from a Ncighbhorhood Residential 2 Zoning District to an Employment Center Zoning District approxlmateIy 4.5 acres from a Neighborhood Residential 2 Zoning District to a Neighborhood Residential 4 Zoning District and approximately 6.4 acres from a Neighborhood Residential 2 1 2 3 4 5 6 7 8 9 10 Page 39 rezone from NR-2 to NR-4 approximately four and a half acres which would be a maximum of 18 lots. Staff mailed 33 legal notices to propcmy owners within 200 feet of the property. We've received three notices in opposition equalling 2.4 percent and two notices in favor. The significant difference between the fom~er proposal and the existing proposal .7 initially, the applicant wanted to rezone from Country Club west the entire property, now the NR-2 section along Country Club just to the east -- excuse me, to the west will remain Zoning District to a Neighborhood RcsidentiaI 6 Zoning District. The property is located approximately 450 feet north of Bent Drive, approximately 100 feet east of Fort Worth Drive on the west side of Country Club Road. Chris Fuller. MR. FULLER: Thank you. COMMISSIONER POWELL: Boy, that'S going to be tough to show us. MR. FUllER: Good evening. I'll certainly try. If I can give you a brief recap. Earlier this year the applicant proposed a rezoning of a portion of this site. The Ptanning and Zoning Cotmnission reconunended denial. The applicant is now bringing back a revised zoning proposal. If I could point to your monitors, or 11 12 13 14 15 I6 17 18 19 20 21 22 23 24 25 NIZ-2 and tho applicant has now proposed an NR-4 buffer to the surrounding southern properties adjacent to Bent Creek. The proposal is in compliance with the Future Land Use Plan, Staff rccolmnends approval. Tilank you. COMMISSIONER POWELL: Thank you, sir. I will open the public hearing and ask if the applicant is here. MP,. FULLER: she is, COMMISSIONER POWELL: Please give us your name and address. MS. ALPENHE[M: Good evening. I'm Vicki Alpenheim with Isbell Engineering Group, 1405 West Chapman Drive in Sanger, Texas. As been mentioned, we are here again to request a zoning amendment for Central Village Estates. It is a significant redefinition of the project. Page 38 dh'oct your attention to your monitors, the application in the site map is broken into zones. There is no significance or meaning to these zones other than to correspond to the applicant's presentation, certainly for continuity. Zones A, B and C are associated with a Comprehensive Plan Amenchuent that was approved by Council Page 40 We made every attempt to acconmmdate the issues raised by the Planning and Zoning Comnlission the last time as well as the neighborhood res/dents and to consider staff reconmaendafions. We believe we really have included every element we could in accommodating all of the interests that are at hand. In total, we are now asking for earlier this year. So as of now the existing Comprehensive Plan designation is not compatible with the zoning. So for instance, you have a new Comprehensive Plan designation for these properties, these sections A, B and C, the zoning is file old existing zoning. The applicant is requesting to rezone these to be in compliance with the future land use plan. So Sections A and C constitute 1.27 acres froln ECC to NR-6. YOU're going from Employlnent Center to Neighborhood Residential. Zone B is approximately .8 acres going from NR-2 to ECC. The applicant is requesting that Zones A, B and C be considered and voted on separately in Sections D and E simply to have those be cleanup items. Section D, tile applicant is requesting to rezone from sR-2 to NR-~ approximately 6.4 acres which would allow file applicant to subdivide into a maximmn of 38 lots. Section E the applicant is proposing to 8 9 10 11 12 t3 14 15 16 17 18 19 20 21 22 23 24 25 rezoning of 13.08 acres instead of 16 acres in the previous application. A total of 4.51 acres to NR-4, 7.76 acres NR-6, and .082 acres to an Eec. AS I've mentioned what we've done since the first zoning request, we responded to neighborhood and Planning and Zoning Conmfission concerns about previous zoning requests. We worked with the staff to respond to these concerns on our new zoning plan. We held a second neighborhood meeting to present the new plan. And there was no opposition voiced at this meeting. We reduced the density of tile request. We eliminated the rezoning of 330 feet along Country Club Road that will remain NR-~ as it's zoned right now. We reduced the NR-6 area by including an ~q~4 buffer to the south and east, Tile NR-4 will act as a transition zone from NR-2 to NR-6 and we include NR-6 to be adjacent to the more intense industrial uses on Fort Worth Drive. The current surrounding zoning is Employanent Center on Fort PLANNING AND ZONING MAY 26TH, 2004 M1NUTES Page 37 - Page 40 CondcnseltTM 1 2 3 4 5 6 7 8 9 10 11 12 13 :14 15 t6 17 18 19 2O 21 22 23 24 25 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 41 Worth Drive and NR-2 On tho property and to the south Bent Creek l~R-3 which was originally a ~'D. Employment Centers generally allow manufacturing offices, restaurants, and so forth, 20 percent landscaping while Neighborhood Centers require 40 percent landscaping in these districts. The .082 acres is going to act as an addition to the existing Central Builders Office. This is a zoning plan that we're requesting. As mentioned this area is no longer included in our zoning request. It's 330 feet off of Country Club Road to maintain the r,m-2 corridor as expressed as a concern file last Zoning Commission meeting. We include this NR-4 r)istrict here to act as a transition from the NR-2 to the NR-4 and also to buffer Bent Creek Estates to the south. We're including an tqR-6 District here which includes C and D in the backup. This portion right hoe is complying with a Comprehensive Plan Amendment that was already approved by the City Council about a month ago or two months ago. And 6 7 8 9 10 12 13 14 15 16 17 18 19 Page 43 -- existing Single Family Residences on Country Club and Regency Oaks. Again, the Central Builders, they're the owners of the property. They are the ones who have consolidated this property to rezone and some of the industrial uses on Fort Worth Drive. At this point the site is vacant and Bent Creek Estates to the south. At this time Central Builders is working with time builders, one of which is Trailwood Homes. These are the types of homes that would be built. Steve Irlick is available. He does want to speak after any residents present their posit/on. Thank you. COMMISSIONER POWELL: xhank you, ma'am. We have a request from Mr. Walt Parker. And if anyone else would like to speak, I'd like to ask them to please come up to this first chair here, and we'll have them ready, Welcome, Mr, Parker, and give us your adch,ess, sir. MR. ~'AR~ER: My address is 3036 Country Club Road. I am the only single family home on that area. I am in favor of this proposal. I back up to it all this portion is an addition to that district. We also have this district, District B which is really being added on to the Employment Center along Fort Worth Drive and really to clean up the zoning map at this time. And this small portion is also being added to the ~-6. 20 21 22 23 24 25 across the back of over 330 feet, will be the smallest homos that's built in that area. But I'd rather take my chances and have a home back the~ than have some particular businesses that might go in that particular road. Sure I've heard people talk about the traffic. I'm a 57 year resident of Denton plus four years going to the Page 42 Previous zoning plan extended all of the way to Country Club Road and as ment/oned that was one issue that was brought up at the last Planning and Zoniug Conunisslon meeting. This is our current Concept Plan. It includes seven ~-2 lots along Country Club Road approximately 15,000 to 20,000 square feet. We also have Page 44 university. Yve been in your position of having to make difficult decisions but I think that the people that are putting this project together are wanting to do the right thing. And I would hope that you would vote favorably on this position. I would be glad to answer any questions that you have. NR-4 along here, somewhat larger lots, nine to 10,0000 square feet. And we have lots ranging from 5,000 square feet in NR-6 tO 5,500 along the bm'der here. This includes townhouses in this concept to be adjaceut to the more intense industrial uses along Fort Worth Drive. As an entrance to tile development would be a planned commercial development right here on the -- 7 8 9 10 11 12 13 COMMISSIONER POWELL: Any questions for Mr. Parker? MR. PARKER: 'rhank you, Chairman Powell. COMMISSIONER POWELL: IS the-re anyone else that would like to speak on this issue? Yes, sir. If you'd come forward, give us your name and address. MR, CHAMBERLAIN: My name is Alan along Fort Worth. The previous Concept Plan was much more intense and included houses all of the way to Country Club Road. As mentioned there's road access on Fort Worth Drive and Country Club Road on our new plan. No straight tl~rough roads fi'om Fort Worth Drive to Country Club Road. Approximately 59 single family homes. Lower density in NR-2 and the NR-4 L-shaped zone and approximately 13 townhouses. At this point there are surrounding industrial uses on Fort Wo~ Drive and Regency Oaks is over hcu'e on the east side of Country Club Road. Again, close up of the area~ Central Builders Office and single 14 15 16 17 18 19 20 21 22 23 24 ~25 Chamberlain. My address is 3900 Rose Lawn, How this affects me, we don't have a picture up here~ but I own the six acres that borders the property on the north property line. I would also, Mr. Parker, like to speak to this issue favorably. I like what I'm seeing a lot better than a lot of the alternatives. It's better than what they have now. It's better than a lot of things that it could be. t think they have a good plan and we'd just like to see this approved. COMMISSIONER POWELL: Thank you, sir, Anyone else like to speak on this issue? Yes, sir. Come on up here and give us your name and address, sir. PLANNING AND ZONING MAY 26TH, 2004 MINUTES Page 41 - Page 44 CondenseltTM 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 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 Page 45 MR. IRLICK: I'm Steve Irlick, Vice-President of Central Builders, COMMISSIONER POWELL: And your address? MR, IRLICK: 3105 Fort Worth Drive. COMMISSIONER POWELL: Thank you. Mi~. IRLIC~:: We bought five individual pieces of property to put this thing together. We think we've addressed all of the concerns that you guys had and a lot of the residences. Becky King who developed Regency Oaks voiced her opposition last time. Now she's in favor of it. We're going to clean up the property that's dit~ecfly across from her so she likes that. We only had three letters of opposition. I talked to one of the ladies at Iength last night. The only thing that she could say about it was that she didn't want to lose her field bell[nd her house. The other lady -- one of the other ladies that had opposition sold her house and she closed on it today. And I have a letter from the tide company that supports that. I know that it's going to -- if I'm right it takes alt four of y'all's positive vote tonight to make this thing pass, and I'd ask if any one of you are considering voting no that you ~- that we continue this to the next meeting when there's more people here. COMMISSIONER POWELL: Thank you very much. Page 46 I'd like to ask legal if youqi speak to that three or four people that have to vote for or against so that we're clear and so that the audience is clear. MS. PALUMBO: 'rhe quortun required for the Planning and Zoning CoImnission is four members out of the currently six member board. But in order to pass something it only takes a majority vote of the quonm~ which would be tlm~e out of file four members present, COMMISSIONER FOWELL: DO~S anyone else wish to speak here? Crone on up here young lady, MS. TISHER: Good evening, Council members. My name is Mary Tisher. I live at 3301 Country Club Road. I am in favor of this. Fm not that close to it. I'm directly behind the E1 Pasco Addition. And I think that it would be an improvement for the west side compared to what is there now beyond the duplex and Walt Parker's property, That's all I had to say. COMMISSIONER POWELL: Thank you very much. MS. TISI-IER: xhank you. COMMISSIONER POWELL: If there's no mom speakm's Iql ask the applicant if he'd like to recap. MR. REICHHART: He akeady did. COMMISSIONER POWELL: Excuse me. Somebody go ahead of me, Seeing no more speakers, I will close the public hearing. Staff have anything more here? No. I 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 47 will then ask for a motion or a discussion from the Commissioners. Mr. Strange. COMMISSIONER STRANGEr l would move approval of Z-04-0016 Central Village Estates. COMMISSIONER HOLT: second. COMMISSIONER POWELL: second from Ms. Holt, Any other discussion on this issue? Seeing none, I'll call for a vote. The vote passes four to zero of those present. That's the last item tonight except for future Agenda items. Does anybody have any? If not, we are adjourned. PLANNING AND ZONING MAY 26TH, 2004 MINUTES Page 45 - Page 47 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF APPROXIMATELY 13.07 ACRES, CONSISTING 1.27 ACRES FROM AN EMPLOYMENT CENTER COMMERCIAL (EC-C) ZONING DISTRICT TO A NEIGHBORHOOD RESIDENTLa& 6 (NR-6) ZONING DISTRICT; APPROXIMATELY 0.82 ACRES FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT TO AN EMPLOYMENT CENTER COMMERCIAL (EC-C) ZONING DISTRICT; APPROXIMATELY 4.5 ACRES FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT TO A NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT; AND APPROXIMATELY 6.4 ACRES FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT TO A NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT. THE PROPERTY IS LOCATED APPROXIMATELY 450 FEET NORTH OF BENT CREEK DRIVE, APPROXIMATELY 100 FEET EAST OF FORTH WORTH DRIVE, ON THE WEST SIDE COUNTRY CLUB ROAD IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMLgVI AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0016) WHEREAS, Isbell Engineering Group, Inc. has applied for a change in zoning for five tracts or parcels of land containing approximately 1.22 acres, 0.82 acre, 6.49 acres, 0.05 acre, and 4.504 acres as more particularly described in Exhibit "A" attached hereto and made apart hereof as Exhibit "A" from Employment Center Commercial (EC-C) and Neighborhood Residential 2 (NR-2) zoning district classification and use designation to Employment Center Commercial (EC-C), Neighborhood Residential 4 (NR-4), and Neighborhood Residential 6 (NR-6) zoning district classification and use designation; and WHEREAS, on May 26, 2004, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change is consistent with the Comprehensive Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The zoning district classification and use designation of the 1.22 acre tract and the 0.05 acre tract is hereby changed from the Employment Center Commercial (EC-C) zoning district to a Neighborhood Residential 6 (N-R-6) zoning district. The zoning district classification and use designation of the 0.82 acre tract is hereby changed from the Neighborhood Residential 2 (NR-2) zoning district to the Employment Center Commercial (EC-C) zoning district. The zoning district classification and use designation of the 4.504 acre tract is hereby changed from the Neighborhood Residential 2 (NR-2) zoning district to the Neighborhood Residential 4 (NR-4) zoning district. The zoning district classification and use designation of the 6.49 acre tract is hereby changed from the Neighborhood Residential 2 (NR-2) zoning district to the Neighborhood Residential 6 (NR-6) zoning district zoning district. SECTION 3. The City's official zoning map is amended to show the change in zoning district classification. SECTION 4. 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 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-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 ~2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FO~VI: HERBERT L. PRO~RNEY Exhibit A t .22 ACRES (c) FIELD NOTES to ali tttat certain tract of lanai situated in the B.B.B. an(t C. Railroad Company Survey, Abstract Number 196 in the City and County of Denton Texas and being a part of the called 3.25 acre tract described in the deed to Central Builders Inc., recorded in Volume 4280 Page 1535 of the Real Property Records of Denton County, Texas; the subject tract being more particularly described as follows; BEGINNING for the No[theast corner of the tract being described herein at a fence comer post for the occup{ed Northeast comer of said 3.25 acre tract; THENCE South 00 degrees 44 minutes 06 seconds West with the East line thereof along a fence a distance of 206.98 feet to a fence comer post for the occupied Southeast comer of said 3,25 acre tract; THENCE South 89 degrees 41 minutes 59 seconds West with the North line thereof along a fence a distance of 255.27 feet to the Southwest comer of the herein described tract; THENCE Nort[3 O0 degrees 07 minutes 14 seconds West with a line severing said tract a distance of 207.01 feet to a comer in the North line of said tract; THENCE North 89 degrees 42 minutes 58 seconds East with said North li~e a distance of 258,36 feet to the PLACE OF BEGINNING and enclosing 1,22 acres of land more or less 0.82 ACRES (B) FlELD NOTES to ail that certain tract of land situated in the B.B.B. & C. Railroad Company Survey, Abstract Number 196 in the City and County of Denton Texas and being a part of the called 4.835 acre tract described in the deed from V.R. Ciearman et, ux. to Walter E. Parker et. ux. reconJed in Volume 1081 Page 408 of the Deed Records of Denton County, Texas and being a part of the called 8.39 acre tract described in the deed to CDE Land Acquistion, Ltd, recorded in Volume 5242 Page 8060 of the Real Property Records of Denton County, Texas subject tract being mote particularly described as follows; BEGINNING at a wood fence comer post for the Northwest Comer of the herein described tract at the occupied most Westerly Norlhwest corner of said Par~er tract and the most Northerly Northeast corner of said 8.39 acre tract; THENCE North 89 degrees 41 minutes 59 seconds East with the North line of said Parker tract a distance of 368.15 feet to a comer; THENCE South 00 degrees 07 minutes 14 seconds East into said Parker tract 'a distance of 80.47 feet to a comer; THENCE North 89 degrees 58 minutes 00 seconds West a distance of 251.79 feet to a corner, THENCE South 44 degrees 38 minutes 32 seconds West a distance of 161.10 feet to a comer; THENCE North 00 degrees 59 minutes 06 seconds West a distance of 193.05 feet to the PLACE OF BEGINNING and enclosing 0.82 of an acm o! land more or less. 6.49 ACRES (D) FIELD NOTES to all that certain tract of land situated ir~ the B.B.B. & C. Railread Company survey, Abstract Number 196 in the City and County of Denton Texas and being a part of the called 4.835 acre tract described in the deed from V.R. Clearman et. ux. to Walter E. Parker et. ux. recorded in Volume 1081 Page 408 of the Deed Records of Denton County, Texas and being a part of the called 8,39 acre tract described in the deed to CDE Land Acquistion, Ltd, recorded in Volume 5242 Page 8060 of the Real Property Records of Denton County, Texas and also being a part of the called 5.496 acre tract described in the deed from Ronatd L. Baxter to CDE Lartd and AcquisitiOn, Ltd re~orded under Clerk's File Number 03-R0204599 of the Real Property Records; the subject tract being more particularly described as follows; COMMENCING at the at the most Southerly Southwest comer of said 8.39 acre tract; THENCE North 44 degrees 51 minutes 36 seconds East with the Southerly line thereof a distance of 50.70 feet to a %' iron rod found for the PLACE OF BEGINNING, being the most Southerly Southwest comer of the herein described tract; THENCE North 45 degrees 35 minutes 30 seconds West continuing along said Southerly line a distance of 186,47 feet to a comer; THENCE North 44 degrees 38 minutes 32 seconds East a distance of 21 t.28 feet to a comer; THENCE East a distance of 68.82 feet to a corne~, THENCE North 00 degrees 59 minutes 06 seconds West a distance of 68.50 feet to a comer;, THENCE North 44 degrees 38 minutes 32 seconds East a distance of 161.10 feet to a comer; THENCE South 89 degrees 58 minutes 00 seconds East a distance of 251.79 feet to a comer;, THENCE North 00 degrees 07 minutes 14 seconds West a distance of 80.47 feet to a comer in the North line of said Parker tract; THENCE North 89 degrees 41 minutes 59 seconds East continuing with said North line a distance of 255.27 feet to a fence comer post for a ree~rant comer of said Parker tract; THENCE South 00 degrees 15 minutes 13 seconds West sevedng said Parker tract a distance of 133.80 feet to a wood fence comer post for tt~e Norti~east comer of said 8.39 acre tract at the Northwest comer of said Stapler tract; THENCE South 01 degrees 50 minutes 11 seconds West with the West line of said Stapler tract along a fence a distance of 131.03 feet to a fence comer post for the Southwest comer of said Stapler tract in the North line of said 5.406 acres; THENCE South 00 degrees 07 minutes 07 East severing said 5.40§ acres a distance of 192.19 feet to a comer;, THENCE North 89 degrees 58 minutes 00 seconds West a distance of 609.61 feet to a comer;, THENCE South 44 degrees 59 minutes 48 seconds West a distance of 125.84 feet to the PLACE OF BEGINNING and enclosing 6.49 acres of land more or less; 0.05 ACRES (A) FIELD NOTES to all that certain tract of land situated in the B.B.B. & C. Railroad Company Survey, Abstract Number 1{)6 in the City and County of Denton Texas and being a part of the called 8.39 acre tract described in the deed to CDE Land Acquistior~, Ltd, recorded in Volume 5242 Page 8060 of the Real Property Records of Denton County, Texas the subject tract being more particularly described as follows; COMMENCtNG atthe most Northerly Northeast comer of said 8.39 acre tract; THENCE Sot~th 00 degrees 59 minutes 06 seconds East a distance of 193.05 feet to the PLACE OF BEGINNING; THENCE South 00 degrees 59 minutes 06 seconds East a distance of 68.50 feet to a comer;, THENCE West a distance of 68.82 feet to a corner, THENCE North 44 degrees 38 minutes 32 seconds East a distance of 96.26 feet to the PLACE OF BEGINNING and enclosing 0.05 of an acre of land more or less; 4.504 ACRES (E) FIELD NOTES to all that certain tract o/ iand situate(/ in the B.B,B, & C, Railroad Company Survey, Abstract Number 196 in the City and County of Denton Texas and being a part of the called 8.39 acre tract described in the deed to CDE Land AcqUistion, Ltd, recorded in Volume 5242 Page 8060 of the Real Property Records of Denton County, Texas and also being a part of the cared 5.406 acre tract described in the deed from Ronald L. Baxter to CDE Land and Acquisition, Ltd recorded under Clerl('s File Number 03-R0204599 of the Real Property Records; and being a p~rt of that certain tract described in the deed to Jane Morgan Stapier recorded in Votume 1453 Page 351 Real Property Records; the subject tract being more particularly described as follows; BEGINNING for the Southwest comer of the tract being described herein at a fence corner post at the most Southerly Southwest corner of said 8.39 acre tract; THENCE North 44 degrees 51 minutes 36 seconds East with the Southwesterly line of said 8.39 acres a distance of 50.70 feet to a %" iron rod found for an angle poiN in said Itne; THENCE North 44 degrees 59 minutes 48 seconds East a distance of 125.84 feet to the Westerly Northwest corner of the herein described tract; THENCE South 89 degrees 58 minutes 00 seconds East with a line parallel with the South line of said 8.39 acres a distance of 609.61 feet to a comer; THENCE NoAh 00 degrees 07 minutes 07 seconds West a distance of 192.19 feet to a fence comer pest for the Southwest comer of said Stapler tract and most Easterly Southeast comer of said 8.39 acres; THENCE North 01 degrees 50 minutes 11 seconds East with the East line thereof and West line of said Stapler tract along a fence a distance of 131.03 feet to a fence comer post for the Northeast comer of said 8,39 acres and Northwest comer of said Stapler tract; THENCE North 89 degrees 39 minutes 18 seconds East with the North line of said Stapler tract a distance of 246.25 feet to a comer; THENCE South 00 degrees 07 minutes 07 Seconds East a distance of 449.41 feet to a corner in the South line of said 5.406 acres; THENCE South 89 degrees 58 minutes 53 seconds West with the South line thereof a distance 408.'14 feet to the Southeast comer of said 8.39 acres; THENCE North 89 degrees 58 minutes 00 seconds West with the South line thereof a distance of 577.19 feet to the PLACE OF BEGINNING and enclosing 4.504 acres of land more or less. AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET June 15, 2004 Engineering Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance amending the DeNon City Code by adding Article VII, emitled "Storm water and detention facility improvements"; regulating the construction of storm water drain lines, channels and detemion facilities; providing for pro rata charges; providing a method of reimbursement to the developer or to the City by pro rata payments; establishing administrative fees; providing a method of enforcing payment of pro rata charges; renumbering Article VII to Article VIII Uniform regulations to govern the use and occupancy of public rights-of-way by providers of electric service in the city; repealing all ordinances or parts of ordinances inconsistem or in conflict herewith; providing a severability clause, providing a penalty not to exceed $2000 for each day of violation hereof; and providing an effective date. BACKGROUND During processing of the plats for the proposed Cinemark development at Unicorn Lake, Hughes & Luce, LLP (represeming Mr. Bob Shelton) raised a concern about the City's requiremem to provide drainage structures large enough to account for future upstream development. The Development Code requires construction of drainage improvemems through the subject property large enough to carry a 100-year storm based on developed upstream conditions. The City curremly has no mechanism to reimburse a developer for the oversize required for the additional costs associated with either upsizing drainage structures to provide for future upstream development or downstream drainage improvements across an adjacem property. The Texas Water Code requires a developer to pick up existing drainage runoff from upstream properties and carry it through the development site. In addition, the drainage must be discharged in such a manner that will not damage the downstream property owner. Occasionally, a situation similar to that of Cinemark will occur with other developments. As stated above, there is no ordinance that allows staff to adequately address this situation. As a result, staff initiated some research to determine how other cities handle similar circumstances. Additionally, we had preliminary conversations with a consultam who specializes in drainage matters. Our research indicated that cities handle this situation in a number of ways and determined that a mechanism using pro-rata agreements, similar to the agreements currently used for water and sewer line extensions, could be created to address the over sizing of drainage improvemems. The attached ordinance was drafted on the pro-rata principle and as a result of staff research. The proposed ordinance addresses upstream developmem situations and provides a mechanism for a developer to recover the costs associated with oversized drainage improvements that exceed what is needed for their specific developmem. The ordinance provides a developer the opportunity to emer into a drainage pro-rata agreement that includes a fee to be applied to future upstream development based on impermeable cover of the plat for the future development. This approach will result in a cost per square foot of impermeable surface on each tract being platted. The City will collect the drainage pro-rata fees at the time the upstream development is platted, and reimburse the original downstream developer for the additional capacity they built in their drainage system. Page 1 The ordinance also allows the City to recover the cost of drainage facilities installed by the City that will serve undeveloped property by collecting drainage pro-rata fees from developers at the time of platting when their project will increase drainage runoff in the basin. The administration of drainage pro-rata agreements will require some initial setup as well as sufficient staff time to manage the agreements. The agreements will be recorded in the City's GIS system to allow the Planning and Engineering staff to monitor future platting efforts and identify property impacted by a pro-rata agreement. The proposed ordinance as discussed with the City Council at the June 1 worksession included a one-time implementation fee of $2,500 or one percent of oversizing cost, whichever was greater, plus a per transaction fee of $2,500 or one percent of oversizing cost, whichever was greater. Based on City Council comments expressing concern on the per transaction fee, staff has revised the ordinance. To recover the administration cost of the agreements, the proposed ordinance now includes an implementation fee of $5,000 or one percent of the over sizing costs, which ever is greater. The per transaction fee has been omitted from the ordinance. In discussions with developers that might use this agreement, the fee structure appeared reasonable. PRIOR ACTION/REVIEW Original discussion of this topic was held on April 20th 2004 when the action was tabled for additional review. A workshop was held on June 1st, 2004 to review and discuss the proposed ordinance. There was additional discussion concerning the need for an ordinance at the March 24~h P&Z meeting in conjunction with the Cinemark drainage variance, which is scheduled for consideration at the June 15 City Council meeting. FISCAL INFORMATION The proposed ordinance allows the City to collect pro-rata fees from developers to help offset the additional cost of drainage facilities installed by a previous developer. The fees can then be reimbursed to the original developer provided that they have a pro-rata agreement and their drainage facilities were constructed to accommodate the upstream off site development that was charged the fee. The ordinance will also allow the City to at least partially recover the costs of drainage facilities it installs by charging a pro-rata or over sizing fee to a developer when properties within that drainage basin are developed generating more drainage runoff. Properties within the basin that are already developed would be exempt. Due to the many variables involved, drainage pro rata and oversizing fees will need to be individually calculated for each affected property based on the increased runoff generated and comparing it to the original cost of extending and/or oversizing the subject drainage facility. In addition, the required fees will be based on costs of the minimum City required drainage systems as defined in the drainage criteria manual so that if a developer decides to provide a system that exceeds minimum requirements for personal purposes, the offsite owners are not obligated to pay for more than the development code requires without due process. There may be times when because of site specific topography, site development conditions and/or minimum material and maintenance related standards that there will be no difference in the cost of providing for undeveloped versus developed drainage in which case oversizing fees would not be applicable. Page 2 The ordinance allows the City to charge a fee of $5,000 or one percent of over sizing costs, which ever is greater. It is unknown at this time how much money this will generate. There may be times when because of site specific topography, site development conditions and/or minimum material and maintenance related standards that there will be no difference in the cost of providing for undeveloped versus developed drainage in which case oversizing fees would not be applicable. The proposed ordinance will be administered by existing Engineering Department personnel. ATTACHMENTS 1. Ordinance 2. Pro Rata Formula 3. Pro Rata Computations Worksheet 4. Pro Rata Reimbursement Agreement Prepared By: Charles Fiedler Director, Engineering Page 3 ORDINANCE NO. AN ORDINANCE AMENDING THE DENTON CITY CODE BY ADDING ARTICLE VII, ENTITLED "STORM WATER AND DETENTION FACILITY IMPROVEMENTS"; REGULATING THE CONSTRUCTION OF STORM WATER DRAIN LINES, CHANNELS AND DETENTION FACILITIES; PROVIDING FOR PRO RATA CHARGES; PROVIDING A METHOD OF REIMBURSEMENT TO THE DEVELOPER OR TO THE CITY BY PRO RATA PAYMENTS; ESTABLISHING ADMINISTRATIVE FEES; PROVIDING A METHOD OF ENFORCING PAYMENT OF PRO RATA CHARGES; RENUMBERING ARTICLE VII TO ARTICLE VIII UNIFORM REGULATIONS TO GOVERN THE USE AND OCCUPANCY OF PUBLIC RIGHTS-OF-WAY BY PROVIDERS OF ELECTRIC SERVICE IN THE CITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE, PROVDING A PENALTY NOT TO EXCEED $2000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, under the laws of the State of Texas, every owner of any tract, lot, or plot of land situated within the corporate limits of the City of Denton, Texas (the "City"), or within its jurisdiction, may request the construction of storm water drain lines, channels, and detention facilities; and WHEREAS, when storm water drain lines, channels, and detention facilities are constructed, the developer, consumer, and property owner shall be required to pay pro rata charges for, or participate in, the costs of such improvements; and WHEREAS, the Texas Legislature has specifically exempted drainage pro rata charges from the definition of "impact fee," as referenced in Section 395.001 (4) of the Texas Local Government Code, as amended; and WHEREAS, the City Council of the City of Denton, therefore, is empowered by law to promulgate and establish pro rata charges and participation policies within the City or within its jurisdiction; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The facts and recitations contained in the preamble of this Ordinance are hereby found to be true and correct. SECTION 2. The Denton City Code is hereby amended by adding thereto a new Article VII, which shall read as follows: S:\Our Docutments\Ordinances\04~-o Rata Ord-6-08-04-final. DOC Article VII. STORM WATER AND DETENTION FACILITY IMPROVEMENTS Sec. 26-235. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section, unless the context clearly indicates otherwise: Capacity shall mean the quantity of storm water that can be distr/buted, or conveyed, through storm water drain lines, channels or detention facilities. City shall mean the City of Denton, Texas. Cost shall mean the actual costs to design and construct Improvements, including Oversized Improvements, which costs shall include but not be limited to engineering costs and costs for land, labor, and materials. Developer shall mean the party responsible for constructing Oversized Improvements. The term Developer includes the City should the City construct at its expense or pay for the Oversized Improvements. ImperVious Surface shall mean any surface through which water cannot pass, or through which water passes with great difficulty. Improvements shall mean drainage improvements, including, but not limited to storm water drain lines, channels and/or detention facilities, whether on-site or off-site. Oversized shall mean the design and construction of an improvement larger than necessary to support the development and existing up stream run-off, whether on-site or off-site. Pro Rata Charge shall mean a monetary fee charged to a Property Owner to reimburse a Developer for the installation, extension, or any related construction cost of Oversized Improvements provided by a Developer to accommodate the drainage needs of the Property Owner's development. Pro Rata Agreement shall mean an agreement between the City and a Developer, or between the City and a Property Owner, approved by the City Council, establishing reimbursement procedures for the cost of Oversized Improvements constructed by a Developer. &\Our Doeum~nts\Ordinan~s~04~Pro Rata Ord-6-08-04-final. DOC 2 012295.00010:8385l 9.04 Property Owners shall mean the record owners of real property from which surface water mn-off from such real property flows into the Oversized Improvements. Sec. 26-236. Pro Rata Agreement. (a) On and after the passage of this article, the City may enter into Pro Rata Agreements with Developers to impose a Pro Rata Charge due from Property Owners. The Pro Rata Charge shall represent the Property Owner's pro rata share of the calculated Cost of constructing the Oversized Improvements in accordance with the following formula (the "Formula"): The Pro Rata Charge shalI be computed based on the additional impervious surface area being generated by the upstream development that contributes surface runoff to the downstream drainage structure. The following method shall be used to determine the Pro-Rata Charge Calculation: Step 1: Determine impervious cover areas and costs for drainage infrastructure. Drainage improvements shall be sized using the following method: Compute the total impervious surface area within the contributing watershed using existing development conditions with the proposed development added. This impervious area is identified as IMPERVIOUS AR_UA OA). Next, determine the peak runoff rate for the new drainage improvements following the procedures described in the Drainage Criteria Manual Section 4. Compute the nmoff rate using the existing development conditions of the upstream watershed with the proposed development added. Determine the size and extent of new drainage infrastructure required to convey this peak runoff rate in accordance with the requirements of the Drainage Criteria Manual. Determine the construction cost for the required drainage improvements, identified as DRAINAGE COST ($DC). Next, compute the total impervious surface area within the contributing watershed for a future fully developed condition with the proposed development added. Compute estimates of impervious surface areas for undeveloped sub-areas using the Zoning Classification or Future Land Use identified on the current City of Denton Land Use Plan, and as described in the Drainage Criteria Manual Section 4. Include Planned Unit Developments and Prehminary Plats identified by the City for the impervious surface area computation. This impervious area is identified as FUTURE IMPERVIOUS AREA (FI_A). S:\Our Docum~nls\Ordinances\04kPro Rata Ord-6-Og-O4-finaLDOC 3 012295.00010:838519.04 Compute the peak runoff rate using the future fully developed conditions upstream watershed with the proposed development added, following the procedures described in the Drainage Criteria Manual Section 4. Determine the size and extent of new drainage infrastructure required to convey this peak runoff rate in accordance with the requirements of the Drainage Criteria Manual. Determine the construction cost for the requ/red drainage improvements, identified as FUTURE DRAINAGE COST ($FDC). Step 2: Compute the Pro-Rata Formula The Pro-Rata Formula in dollars per square foot of impervious surface shall be calculated as follows: SFDC - SDC Fig.- IA The Oversized Improvements' Costs shall be calculated in accordance with the criteria in the Drainage Design Criteria Manual. No Pro Rata Charge is or shall be deemed an impact fee, as defined in Chapter 395 of the Texas Local Government Code, as amended. · (b) Upon approval of a Pro Rata Agreement by the City Council, a Pro Rata Charge shall be assessed against all Property Owners and their real property in order to reimburse the Developer for the cost of constructing such Oversized Improvements. All Pro Rata Agreements shall /nclude exhibits listing the affected properties, listing the estimated mounts of the Pro Rata Charges that will be due from each Property Owner, and showing a location map of the Oversized Improvements. The actual amount of the Pro Rata Charges will be determined in accordance with the Formula at the time the Pro Rata Charges are collected. Prior to approving a Pro Rata Agreement the Developer shalI submit to the City a watershed map clearly identifying the perimeters of the watershed basin that will be the subject of the Pro Rata Agreement. (c) In addition to Pro Rata Charges for any Oversized Improvements, Property Owners shall pay all other charges related to the use of the Oversized Improvements, including but not limited to, impact and permit fees, if any, as established by the City. (d) Pro Rata Charges will be determined based on the actual amount of calculated surface water runoff determined at the time of final plat application of the affected upstream properties within the same watershed basin, or at the time of S:~Our Documents\Ordinances\04hr,ro Ram Ord-6-08-O4-final. DOC 4 012295.00010:838519.04 building permit application if a final plat is not required, in accordance with the formula set forth in Section 26-236(a) above. Oversized Improvements shall be designed and constructed in accordance with the standards of Subchapter 19 of the Denton Development Code and the Drainage Design Criteria Manual. In the event the Developer wishes to construct Oversized Improvements that exceed the design standards specified in Subchapter 19 of the Denton Development Code and the Drainage Design Criteria Manual, the Costs associated with exceeding such design standards shall not be reimbursable through a Pro Rata Agreement. Because the Pro Rate Charges are based upon the actual development within the watershed basin and the Oversized Improvements are based on the estimated full development of the watershed basin, there is no guarantee that the Pro Rata Charges will completely cover the Cost of the Oversized Improvements. The Pro Rata Charges shall not bear interest and shall not be adjusted for inflation. (e) The Public Improvement Three-Way Agreement between the Developer, the Developer's contractor and the City (the "Three-Way Agreement") shall provide for the construction of the Oversized Improvements at the cost of the Developer. The Three-Way Agreement shall be executed and the Developer shall pay all permit fees, including but not limited to impact, review and inspection fees, if applicable, prior to the release of a construction permit by the City for the Oversized Improvements. The Developer will look solely to the Property Owners within the same drainage basin for reimbursement of the Oversized Costs through the Pro Rata Charges provided for in this ordinance and in the applicable Pro Rata Agreement. (f) Pro Rata Agreements and Pro Rata Charges are subject to the following requirements: 1. Prior to commencing construction of the Oversized Improvements, or prior to acceptance by the City of the Oversized Improvements when an exaction variance request is pending for consideration, the Developer may submit to the City a written request for the establishment of Pro Rata Charges for the Oversized Improvements under this ordinance. The request shall comply with all requirements of this ordinance and shall include documentation of the Costs associated with the construction of the Oversized Improvements, including a copy of the actual construction contract with unit prices as well as an engineer's cost estimate for a system sized for only the Developer's Property and existing off-site conditions with a cost estimate for the Costs of the Oversized Improvements. The Costs of the Oversized Improvements shall be calculated on the basis of the fully developed or redeveloped surface water run-off within the same watershed basin and based upon the zoning at the time of the calculation of the Oversized Improvements as measured by the criteria in the Drainage Design Criteria Manual. S:\Oux Doeument~\OrdinanccsXl)4~ro Rata Ord-6-08-04-fina[DOC 5 012295.00010:838519.04 2. The City Engineer, or his designated representative, shall verify the Developer's Cost calculations for reimbursement based on the criteria in the Drainage Design Criteria Manual. In the event of a discrepancy, the City Engineer, or his designated representative, shall establish the calculated Cost for the pro rata charge. The City's Cost calculations may be appealed to the Plann/ng and Zoning Commission. 3. The Pro Rata Charge shall be paid by a Property Owner prior to final plat approval of the Property Owner's property. Should final plat approval not be required the Pro Rata Charge shall be paid prior to the issuance of a building permit. 4. The City shall not be obligated to collect all or any part of a Pro Rata Charge from a Property Owner under either of the following situations: A Property Owner has filed written objections to all or part of a Pro Rata Charge as being unlawful or invalid, and the City in its sole opinion determines that such objection has merit. In such case, upon written request from the Developer, the City will assign its right to collect such Pro Rata Charge to the Developer. In such case the City will not withhold the approval of the final plat or building permit for the subject property. A court of competent jurisdiction determines that ali or part of a Pro Rata Charge is unlawful or invalid. In such case if the Pro Rata Charge has not been paid at the time of the court determination the City will not withhold approval of the final plat or building permit for the subject property. If the Pro Rata Charge has already been collected by the City and paid to the Developer, the Developer shall refund the Pro Rata Charge to the City with accrued interest, no later than 60 days after written demand from the City. The City will not be obligated to collect any future Pro Rata Charges under the applicable Pro Rata Agreement until this refund is made. 5. In collecting a Pro Rata Charge from a Property Owner, the City is performing a governmental function and thereby has governmental immunity to any claim or action fi'om a Developer under this ordinance or the applicable Pro Rata Agreement. The City shall not be liable to the Developer should it make a mistake in calculating the applicable Pro Rata Charge or inadvertently fail to collect a Pro Rata Charge, whether or not the City acted negligently. In such case, upon written request from the S:\Our Documents\Ordluanees\04kl~o Rata Oed-6-08-04-finat. DOC 6 012295.00010:838519.04 Developer, the City will assign its right to collect such Pro Rata Charge to the Developer. 6. The City hereby establishes reasonable administrative fees to recover its costs in administering the Pro Rata Agreement. An administrative fee is hereby established in the amount of 1% of the Cost of the Oversized Improvements or $5000.00 which ever is greater. The administrative fee shall be paid by the Developer upon the approval of the Pro Rata Agreement. 7. The City may not collect Pro Rata Charges from a Property Owner if more than 20 years have passed since the completion of the Oversized Improvements for which reimbursement is sought. Sec. 26-237. Extension of storm water drain lines to developments and within developments. (a) Extension of Improvements to developments. Where extensions of certain Improvements are required to serve property which will be subdivided or platted for development and resale,' the Costs of approach mains or channels fronting on or extending through property not owned by the Developer but required and necessary to connect the Developer's property shall be borne solely by the Developer, unless the City authorizes reimbursement of such Costs related to Oversizing through a Pro Rata Agreement according to the provisions of Sec. 26-236. ~o) Oversized Improvements within or downstream of residential or commercial developments. Developers shall bear the entire costs of Improvements required within or downstream of their developments as required by Subchapter 19 of the Development Code, except that the City may elect to participate in the cost of constructing any Oversized Improvements. The City shall only reimburse the Developer for Oversized Improvements by exacting Pro Rata Charges from a Property Owner at such time as such Property Owner develops or redevelops property within the same drainage basin and increases drainage run-off. (c) Detention facilities within residential developments. In the event a detention facility with capacity that exceeds the area necessary to serve a specific development is required, the Developer of that specific development may submit a written request for the establishment of a Pro Rata Charge to reimburse the Developer for the Oversizing Costs associated with the detention facility. The Pro Rata Charge for detention facilities shall be calculated on a cost-per-acre, per tract basis for properties within the approved service area. See. 26-238. Payment of Pro Rata Charge. S:\Our Documents\Ordinancea\04~Pro Rata Ord-6-0$-04-final. DOC 7 012295.00010:838519.04 (a) Each Property Owner shall pay the applicable Pro Rata Charge prior to final plat approval and if a final plat is not required, prior to the issuance of a building permit. (b) The Developer wili look solely to the Pro Rata Charges provided for in this ordinance and the applicable Pro Rata Agreement for reimbursement for the Oversized Costs. The City has no obligation to pay for the Oversized Costs fi.om its general revenues, bond funds or any other revenues it may receive. Should any court of competent jurisdiction determine that all or part of this ordinance is unlawful or invalid, the City may cease to charge or collect the Pro Rata Charges, and will have no further obligations hereunder or under the applicable Pro Rata Agreement. Should any court of competent jurisdiction determine that a Pro Rata Charge as applied to a particular Property Owner is unlawful, the City will have no further obligation to collect such Pro Rata Charge. By electing to enter into a Pro Rata Agreement the Developer will waive any other claims or Causes of action it may have against the City for the Costs to construct the Oversized Improvements other than any claims or causes of action it may have to collect the Pro Rata Charges collected by the City under the Pro Rata Agreement. Sec. 26-239. Enforcement of Pro Rata Agreements and Ovcrsizing Costs. Nothing herein shall be deemed in any way to be an exclusive method of enforcing the payment of Pro Rata Agreements and Oversizing Costs against Property Owners, and this procedure shall not be deemed in any manner to be a waiver of the City's right to validly assess affected persons for the cost of the construction of Improvements and to fix and enforce liens against said property, in the manner prescribed by law. SECTION 3. The Denton City Code is hereby amended by renumbering Article VII to Article VIII Uniform Regulations to Govern the Use and Occupancy of Public Rights-of-Way by Providers of Electric Service in the City. SECTION 4. Any person who shalI violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000. Each day of violation shall constitute a separate offense. SECTION 5. All ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. SECTION 6. In the event any clause phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Denton, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. S:\Our Docuanents\Ordinances\04XPro Rata Ord-5-08-04-final, DOC 8 012295,000I 0:838519.04 SECTION 7. This Ordinance shall take 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 June, 2004. EULINE BROCK, MAYOR ATTESTED: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AST~ LEGAI~ FORM: HERB~y ATTORNEY By: ~ ~ ~r- S:\Ou~ Documents\Ordinances~0qq~ro Rata Ord-6-08-04-final. DOC 9 012295.00010:838519.04 ATTACHMENT "A" PRO-RATA FORMULA The Pro Rata charge paid to the downstream property owner shall be computed based on the additional impervious surface area being generated by the upstream development that contributes surface runoff to the downstream drainage structure. The following method shall be used to determine the Pro-Rata Calculation: Step 1: Determine impervious cover areas and costs for drainage infrastructure. Drainage improvements shall be sized using the following method: Compute the total impervious surface area within the contributing watershed using existing development conditions with the proposed developmem added. This impervious area is idemified as IMPERVIOUS AREA (IA). Next, determine the peak runoff rate for the new drainage improvements following the procedures described in the Drainage Criteria Manual Section 4. Compute the runoff rate using the existing development conditions upstream watershed with the proposed development added. Determine the size and extent of new drainage infrastructure required to convey this peak runoff rate in accordance with the requirements of the Drainage Criteria Manual. Determine the construction cost for the required drainage improvements, identified as DRAINAGE COST ($DC). Next, compute the total impervious surface area within the contributing watershed for a future fully developed condition with the proposed developmem added. Compute estimates of impervious surface areas for undeveloped sub-areas using the Zoning Classification or Future Land Use idemified on the currem City of DeNon Land Use Plan, and as described in the Drainage Criteria Manual Section 4. Include Planned Unit Developments and Preliminary Plats idemified by the City for the impervious surface area computation. This impervious area is idemified as FUTURE IMPERVIOUS AREA (FIA). Compute the peak runoff rate using the future fully developed conditions upstream watershed with the proposed developmem added, following the procedures described in the Drainage Criteria Manual Section 4. Determine the size and extent of new drainage infrastructure required to convey this peak runoff rate in accordance with the requirements of the Drainage Criteria Manual. Determine the construction cost for the required drainage improvements, idemified as FUTURE DRAINAGE COST ($FDC). C:\laholley\Backup 2004\CC June 15th\Pro Rata Ordinance\3. Pro Rata Formula. DOC Page 1 of 2 5/20/2004 Step 2: Compute the Pro-Rata Formula The Pro-Rata Formula in dollars per square foot of impervious surface shall be calculated as follows: SFDC - SDC FIA- IA C:\laholley\Backup 2004\CC June 15th\Pro Rata Ordinance\3. Pro Rata Formula. DOC Page 2 of 2 5/20/2004 0 0 LO 0 '~' '~- LO ~E F, i i i ~ ,-,-,- ~o=O I I ~-, ~:)-- 0 CO eOneO 0 0 = 0 CO ,~- '~-0 O~C~io ,,:~ o~ ~o o o,- ~ ~ X '- ~ ~o I I ---- 00 Eo o I I o,1 o3 oo ~ c~ co co ~d x c- I I III 0 c) ~- E --- E -ED E ~ ~- ~ ~ = ~-' '- o o o o o =~ =~'~- PRO RATA REIMBURSEMENT AGREEMENT FOR DRAINAGE IMPROVEMENTS WHEREAS, ("Developer"), whose business address is , is the developer of that certain real property located in the City of DeNon, Texas as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, the City of Demon Developmem Code requires that the Developer construct certain drainage facilities which are capable of adequately handling surface water runoff from and through the Property based upon the fully developed watershed basin in which the Property is located; and WHEREAS, Article VII of Chapter 26 of the Code of Ordinances of the City of DeNon (the "Drainage Pro Rata Ordinance") allows the Developer to emer imo an agreement with the City authorizing the City to collect a Pro Rata Charge at the time of final plat or building permit, from upstream Property Owners, based upon a formula that calculates surface water run-off usage of such drainage facilities resulting from the actual developmem of such properties, as provided for in the Drainage Pro Rata Ordinance; and WHEREAS, the City of DeNon, Texas, a home rule municipal corporation (the "City") and the Developer have emered into this Agreemem to provide for the collection of Pro Rata Charges as provided for in the Drainage Pro Rata Ordinance; NOW, THEREFORE, in consideration of their mutual promises, Developer and City agree as follows: Developer has designed those certain public drainage facilities as more particularly described in Exhibit "B" attached hereto and made a part hereof by reference (the "Drainage Facilities"). The Drainage Facilities have been sized to handle surface water runoff that is larger than necessary to support the development of the Property and existing up stream runoff, whether on site or off-site and handle the fully developed watershed basin in which the Property is located (the "Oversized Improvemems"). Developer has submitted to the City an engineer's cost estimate based on actual bids showing the difference in cost to construct the Drainage Facilities with the Oversized Improvements versus the Drainage Facilities without the Oversized Improvements. Based on those estimates the City and Developer agree that the estimated cost to construct the Oversized Improvemems is $ (the "Estimated Oversized Costs"). A detailed breakdown of (a) the estimated cost to construct the Drainage Facilities, )b) the Estimated Oversized Costs, (c) the affected properties, and (d) the estimated amoums of the Pro Rata C:qaholley\Backup 2004\UC June 15Ih\Pro Rata Ordinance\Pro-Rata Agreemcm-Drainage-6-08-04(2).DO~ o Charges that will be due from each Property Owner are attached hereto and made a part hereof as Exhibit "C". Prior to beginning construction of the Drainage Facilities, Developer shall obtain at Developer's sole cost and expense, all necessary permits, licenses, and easements. On or before the Effective Date of this Agreement the Developer shall pay to the City the applicable administrative fee provided for in the Drainage Pro Rata Ordinance. The Developer warrants clear title to such easements and will defend City against any adverse claim made against such title. Prior to construction Developer shall also enter into the City's standard three-way construction agreement between the Developer, City and the Developer's construction contractor for the construction of the Drainage Facilities and shall provide the City with the standard performance and payment bonds and insurance certificates. Within 30 days after the acceptance of the Drainage Facilities by the City, Developer shall submit to the City the actual cost of the Drainage Facilities and the actual cost of the Oversized Improvements (the "Oversized Costs"). To determine the actual cost of the Drainage Facilities and the Oversized Costs, the City shall have the right to inspect any and all records of Developer, its agents, employees, contractors, or subcontractors related to the Drainage Facilities and shall have the right to require Developer to submit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the Drainage Facilities. The City may review and verify the actual cost of the Drainage Facilities and Oversized Costs. After such review the City will issue a certificate certifying the amount of the Oversized Costs that are subject to pro rata reimbursement under the Drainage Pro Rata Ordinance and this Agreement. Tthe City shall collect a Pro Rata Charge from upstream Property Owners within the same watershed basin as the Property in accordance with the formula set forth in Section 26-236 of the Drainage Pro Rata Ordinance (the "Pro Rata Charge Formula"). The Pro Rata Charge Formula is as set forth in Section 26-236(a) of the Drainage Pro Rata Ordinance. A copy of the Formula is attached hereto and made a part hereof as Exhibit "D" The Pro Rata Charge will be collected by the City at the time that the Property Owners of such upstream properties within the same watershed basin receive final plat approval or building permit approval as provided for in Section 26-236 of the Drainage Pro Rata Ordinance. Within the later of thirty (30) days after acceptance of the Drainage Facilities by the City or thirty (30) days after the receipt the Pro Rata Charge, the City shall transfer the Pro Rata Charge to the Developer. In no event will the Pro Rata Charge bear interest or be adjusted for inflation. C:qaholley\Backup 2004\UC June 15Ih\Pro Rata Ordinance\Pro-Rata Agreemcm-Drainage-6-08-04(2).DO~ o The total Pro Rata Charges shall not exceed the Oversized Costs. No Pro Rata Charges will be collected by the City after 20 years have passed since the acceptnance of the Drainage Facilities by the City. Because the Pro Rata Charges are only collected if and when the upstream properties develop and are based on the actual extent of surface water runoff from such upstream development, there is no assurance or guarantee that the Developer will be reimbursed for the Oversized Costs. 6. This Agreement is subject to the Drainage Pro Rate Ordinance. o The Developer will look solely to the Pro Rata Charges provided for in this Agreement for reimbursement for the Oversized Costs. The City has no obligation to pay for the Drainage Facilities or Oversized Costs from its general revenues, bond funds or any other revenues it may receive. Developer waives any claims or causes of action against the City to collect the Oversized Costs other than any claims or causes of action it may have to collect the Pro Rata Charges collected by the City under this Agreement. o The City shall not be obligated to collect all or any part of a Pro Rata Charge from a Property Owner under either of the following situations: ao A Property Owner has filed written objections to all or part of a Pro Rata Charge as being unlawful or invalid, and the City in its sole opinion determines that such objection has merit. In such case, upon written request from the Developer, the City will assign its right to collect such Pro Rata Charge to the Developer. In such case the City will not withhold the approval of the final plat or building permit for the subject property. bo A court of competent jurisdiction determines that all or part of a Pro Rata Charge is unlawful or invalid. In such case if the Pro Rata Charge has not been paid at the time of the court determination the City will not withhold approval of the final plat or building permit for the subject property. If the Pro Rata Charge has already been collected by the City and paid to the Developer, the Developer shall refund the Pro Rata Charge to the City with accrued interest, no later than 60 days after written demand from the City. The City will not be obligated to collect any future Pro Rata Charges under this Pro Rata Agreement until this refund is made. In collecting a Pro Rata Charge from a Property Owner, the City is performing a governmental function and thereby has governmental immunity to any claim or action from a Developer under the Drainage Pro C:qaholley\Backup 2004\UC June 15Ih\Pro Rata Ordinance\Pro-Rata Agreemcm-Drainage-6-08-04(2).DO3 Rata Ordinance or this Pro Rata Agreement. The City shall not be liable to the Developer should it make a mistake in calculating the applicable Pro Rata Charge or inadvertently fail to collect a Pro Rata Charge, whether or not the City acted negligently. In such case, upon written request from the Developer, the City will assign its right to collect such Pro Rata Charge to the Developer. 10. All notices, payments or communications to be given or made pursuant to this Agreement by the parties hereto, shall be sent to Developer at the business address given above and to the City at the following address: [add name, title and addressl 11. This Agreement embodies the entire agreement of the parties hereto, and there are no promises, terms, conditions or obligations other than those comained herein. This Agreemem shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 12. Developer may assign its rights under this Agreement but such assignment will not take effect umil the City has been notified in writing of the name, address, telephone number and represemative of assignee. However, partial assignments are not allowed. 13. This Agreemem shall be construed under the laws of the State of Texas and is fully performable in DeNon County, Texas. Any and all suits for any breach of this Agreement, or any other suit pertaining to or arising out of this Agreemem, shall be brought and maimained in a court of competent jurisdiction in Denton County, Texas. 14. This Agreemem shall be effective for a period of twenty (20) years from the date Drainage Facilities completed as evidenced by the written acceptance of the City. However, should Developer fail to complete substantial construction of the Drainage Facilities within one year after the Effective Date as provided below, this Agreement shall terminate and be of no further force or effect. Signed to be effective this the day of , 2004 (the "Effective Date"). CITY OF DENTON, TEXAS By: Michael A. Conduff, City Manager C:qaholley\Backup 2004\UC June 15Ih\Pro Rata Ordinance\Pro-Rata Agreemcm-Drainage-6-08-04(2).DO~. ATTESTED BY: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: "DEVELOPER" ATTESTED BY: By: By: APPROVED AS TO LEGAL FORM: By: C:\laholloy\Backup 2004\CC Juno 15ih\Pro Rata Ordinance\Pro-Rata Agrocmcnt-Drainago-6-08-04(2).DO~ AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET June 15, 2004 Engineering Jon Fortune, Assistant City Manager SUBJECT: V04-0001 Consider approval of an exaction variance of Section 35.19.4 (A)(5) of the Code of Ordinances concerning Drainage Standards. The 9.071 acre parcel is located on the north side of Wind River Lane just east of the Wind River Subdivision. A multi-screen movie theatre is proposed. The Planning and Zoning Commission recommends denial of the variance (4-2) (Johnson & Watkins opposed) BACKGROUND Melissa Lindlow with Hughes & Luce, LLP (represeming Mr. Bob Shelton) has applied for an exaction variance of Section 35.19.4(A)(5) (concerning drainage standards) of the Code of Ordinances regarding relief from the costs associated with installing drainage improvements large enough to take into account development of upstream properties. The subject section of the ordinance requires construction of drainage improvements through the property large enough to carry a 100-year storm based on developed upstream conditions. The applicants propose to construct drainage improvements large enough for a 100-year storm, however only for the existing undeveloped upstream conditions. The applicam has based the reason for the variance request on the cost for the subject improvements in proportion to the size and type of development contemplated by the client. A copy of the applicant's letter is attached. It should be noted that the subject property is adjacem to Unicorn Lake, a regional detemion pond. The City of DeNon participated financially in the pond and upsizing the storm drainage under Wind River Lane due to the fact that the lake provides detention for properties other than the Unicorn Lake Development. 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 developmemal 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 improvemems required by city regulations are reasonable and consistem for the type of developmem proposed and are proportional to the demand for services created by the developmem. The cost of upsizing the proposed drainage system through the Cinemark site to carry a fully developed storm is covered in the 380 agreemem for Unicorn Lake Developmem approved by the City Council on March 23rd, 2004. However the applicants would rather have the City exact the cost of the Page 1 upsized drainage through the Cinemark site from the upstream property owner when the upstream owners develop their property and in turn reimburse the developers of the Cinemark site. The City currently has no ordinance authority to do this. Staff has ~prepared such an ordinance (Drainage Pro- Rata Ordinance) and it is being considered on the June 15 agenda. Should the City Council approve the drainage pro-rata ordinance, the applicant may desire to table this item so that they can negotiate a pro-rata agreement with the City. OPTIONS 1. Approve variance 2. Approve variance with conditions 3. Deny variance RECOMMENDATION Staff recommended approval of the variance to the Planning & Zoning commission. The Planning & Zoning Commission voted 4-2 to recommend denial of the variance, on March 23rd, 2004. (Minutes are attached.) It should be noted that if this variance were granted, and the Cinemark developer installs the smaller storm drainage system the upstream developer would be required to install larger/additional storm sewer through the Cinemark site when the upstream property develops in the future unless they work out a financial arrangement now with the developer of Cinemark to install the larger drainage system. Detention will not be an option for the upstream developer as the existing lake has already been designed to detain excess drainage from all upstream properties. Placing a detention pond on the upstream property could cause the existing lake to mai-function. PRIOR ACTION/REVIEW The Planning & Zoning Commission voted 4-2 to recommend denial of the variance on March 24~h, 2004. (Johnson & Watkins opposed) The cost of upsizing the drainage system through the Cinemark site is covered in the 380 agreement approved by the City Council on March 23rd, 2004. FISCAL INFORMATION The cost of providing the "ultimate development" storm sewer as opposed to the "existing conditions" storm sewer as proposed by the developer has been approximated at $180,000 by the developer of the property. That cost will be reimbursed to the developer through the approved 380 agreement. The City of Denton has previously contributed approximately $50,000 toward design/construction of the lake as well as approximately $170,000 for construction of Wind River Lane (a portion of the latter was used to increase the size of the storm sewer). The proposed Drainage pro-rata ordinance, if approved, provides reimbursements based on the cost difference between a system sized for fully developed upstream conditions and a system sized for current upstream conditions based on actual bids for each type of system. That documentation has not been provided at this time. ATTACHMENTS 1. Site location map 2. Plat 3. P & Z minutes 4. Court Reporter Transcripts 5. Applicants letter Page 2 Prepared By: David Salmon, City Engineer Engineering Respectfully submitted: Charles Fiedler Director, Engineering Page 3 I I I I I I ? NORTH City of Denton Planning and Zoning Minutes March 24, 2004 The Planning and Zoning Commission convened a Regular Meeting on Wednesday, March 24, 2004 at 6:30 pm in the City Council Chambers at City Hall, 215 E. McKinney. PRESENT: Commissioner Roy, Commissioner Strange, Commissioner Watkins, Commissioner Holt, Commissioner Johnson, and Commissioner Powell. ABSENT: Commissioner Mulroy 3. INDIVIDUAL CONSIDERATION: Consider making a recommendation to City Council on the following items: mo Cinemark at Unicorn Lake. Consider making a recommendation to the City Council regarding an exaction variance of Section 35.19.4 (A)(5) of the Code of Ordinances concerning Drainage Standards. The 9.17-acre site was located on the north side of Wind River Lane approximately 600 feet west of Interstate 35 East frontage road. The property was in a Regional Center Commercial Downtown (RCC-D) zoning district. A multi-screen movie theater was proposed. (V04-0001, Cinemark at Unicom Lake, David Salmon). Commissioner Roy moved, Strange seconded to deny the exaction variance. *Discussion of this item is included in the Court Reporter's transcript attached to this set of minutes (Page 3-19). Motion carried 4-2. The roll vote was as follows: Commissioner Roy - aye, Commissioner Holt - aye, Commissioner Strange - aye, Commissioner Powell - aye, Commissioner Johnson - nay, Commissioner Watkins - nay, Commissioner Mulroy - absent. Condens¢ItTM 1 2 3 4 5 6 7 8 10 fl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 3 4 5 6 7 8 9 10 11 ::12 13 14 15 16 17 18 19 20 21 29 23 24 25 PROCEEDINGS COMMISSIONER POWELL: It being 6:30 on the 24th of March, the meeting of the Planning and Zoning Colmnlssion for the City of Denton will come to order. If you would stand with me to salute the flags. (Thereupon, the Pledges of Allegiance were recited.) COMMISSIONER POWELL: A couple of announcements before we get started. Tile Chainuan is not here tonight, so you're stuck with me to be Chair. Four -- excuse me. Item 2C from the Consent Ageuda has been pulled. Item 3A has been pulled and Item 4B has been pulled. So if you're hem for 4B, 3A or the Consent Agenda Itmn 3C, they have been pulled and will not be acted on tonight. MS. CARPENTER: 4B will be m-advertised. COMMISSIONER POWELL: 4B will be re-advertised later for another meeting. The next item, I guess, is No. 2, Consent Agenda. Mr. Johnson. COMMISSIONER JOHNSON: J'list a point of clarification. Did you say 4 Charlie or Delta had been pulled? COMMISSIONER POWELL: I said 4B as in Boston, sir. Page 2 COMMISSIONER JOHNSON: NO. DC or D, 2 Charlie or Delta? COMMISSIONER POWELL: 2 charlie. COMMISSIONER JOHNSON: Okay. Then I'll move approval of the Consent Agenda except for the item pulled COMMISSIONER POWELL: We have a motion and a second. Is them any discussion? Please, vote. The item passes 6-0. COMMISSIONER ROY: May I ask a question about this 4B? COMMISSIONER POWELL: Yes. I was just infon:aed about that. And I'll let -- COMMISSIONER ROY: Can somebody explain the reason for this being pulled? COMMISSIONER POWELL: I'll let staff get into that. COMMISSIONER ROY: Thank you. MS. CARPENTER: Mr. Chairman, members of the Planning and Zoning Co~mnission. The staff has determined that the advertisement for the rezoning was incorrect. The zoning is misstated in the ad. COMMISSIONER ROY: Oh, okay. COMMISSIONER POWELL: We would then next gc to 3A, but that's been putted, so we'll go to 3B, Cinemark 1 2 5 6 7 8 9 10 12 13 I4 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 3 and Unicom Lake. Consider making a recommendation to the City Council regarding an exaction variance of the Code of Ordinances concerning drainage standards. Mr. Salmon, pleam. MR. SALMON: oood evening. As stated, this evening, we do have an exaction variance of the Code of Ordinances concerning our drainage ordinance. The property that we're considering this evening is in the Unicorn Lake Development. In the Unicom Lake Development, the specific property is a proposed lot on the north side of Windriver Lane and a multi-semen theater is proposed on the particular lot. The standard in question is with regard to the sizing of drainage facilities through the site. We're looking at the proposed -- the area that says proposed Cinemark. COMMISSIONER POWELL: Mr. Sahnon, I think you're not close enough to that microphone. MR. SALMON: okay. On the overhead now I have a copy of their final plat. Along the east area of this lot is a proposed drainage easement. The drainage patterns in this area flow from north to south. And all of the drainage in this area does flow into Unicorn Lake, which is a regional detention pond. The issue at question is the Denton Page 4 Development Code requires that when a developer builds a development that the drainage flint is installed is sized so that it's large enough to handle what we call a 100-year storm. And in addition to that, it has to be thc 100-year stom~ based on fully developed conditions. The applicants have applied for variance indicating in their letter which is in your backup that they believe that paying for a stom~ sewer system that's sized for a developed upstream condition is not proportional to their development and is not a -- might be considered a taking because they're providing for drainage that the upstream drainage owner -- or drainage - file upstream property owner should be providing for. So if this variance is granted tile applicants would be allowed to install a 100-year drainage system, however, they could size it based on tile drainage coming off of the undeveloped lot as opposed to the developed lot. It might -- a conple of interesting points about this particular variance, what is being proposed is an enclosed box culvca't drainage system which is -- if I remember correctly, part of it is going to be a seven foot by four foot box and part of it is going to be a seven foot by five foot box if it's sized for upstream development. And that is a relatively expensive drainage PLANNING AND ZONING COMMISSION MARCH 24, 2004 Page 1 - Page 4 CondcnscltTM 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 t5 16 17 18 19 20 21 22 23 24 25 Page 5 system. One of the interesting points of this is that our Development Code would actually allow the applicants to do an open channel in this case, which would be considerably less expensive than a closed box, but they've chosen to do the closed box so that they can build their parking over the top and have more room for parking. So there's a lot of expense involved in this particular variance, although, some of the expense that's being considered this evening is an expense that the applicants have chosen based on the need to have more 1 2 3 4 5 6 7 8 9 ]0 Page 7 applicants that if they do get the variance, understanding that this would ultimately have to go to city council. But if they do get the variance and if they choose to build the smaller system, there's a very good possibility -- well, actually ahnost a certain possibility that the upstream property owner will have to disrupt the Cinemark parking lot to upsize tbe drainage at a later date. And so that's a decision that they will need to make if they do obtain this variance. COMMISSIONER POWELL: Thank you, sir. space for parking. They could do an open channel which would be a lot less expensive. At any rate, there is a legal question with regards to whether or not a City can require a downstream property owner to provide for the developed upstream conditions and we are reconunending approval of this variance. What that means is that if this variance is granwxt, as I stated earlier, the applicants would be able to build a smaller drainage sys~n. What that means further down the liue, is that when the person upstream develops, they will have to come into this drainage easement and either remove the system that has b~en installed or at a minimmn go into that drainage easement and modify that drainage system to make it larger at that 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Legal is next. MS. PALUMBO: Yes. I have prepared a legal opinion which would allow you to go into closed session if you want to discuss anything more in detail. But just to put some cmmnents on the record that whether or not this needs to be granted because of the legal issue is not really before you in tbe paperwork because the applicant does have the ability to put in the open channel. So what you need to do is just focus on the request that the applicant has put before you, what his options and alternatives are in making your determination using file criteria that's before you. If you want to go into more of a discussion on whether or not there may be a legal issue, then we -- I reconunend that we go into a closed session. Page 6 time which ~neans -- well, obviously, some disruption to the parking lot at the Cinemark Theater. And so if this variance is granted, that's something that the applicants are going to have to understand is a possibility if they choose to build the smaller drainage systmn. As I stated previously, staff is reco~mnending this variance. I'll be glad to answer any questions you might have. COMMISSIONER POWELL: ! don't sm anything up on the que, but I've got one. I've got one. I'm a little confused. Staff is recoxmnending it, but we recognize it might not be big enough. And then if it's not big enough, it could cause major problems later. Why is staff -- I guess, I'm asking then why is it -- is it because of tile legal issue? MR. SALMON: It iS OUr understanding that there is a legitimate legal question with regards to our ordinance requiring a fully developed storm sewer. And that requiring the developer to provide drainage for the upsU'eam property owner at no cost to file upsu, eam property owner is an issue. I'm sum flint Ms. Palmnbo might be able to expand on that but thafs my understanding. Based on that understanding, staff has decided to recommend this variance, but we've made it perfectly clear to the 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 8 COMMISSIONER ?OWELL; ^nybody here looking to go into closed session? Mr. Roy, you were next on tile cue and you've disappeared. COMMiSSiONER ROY: ['Ill going to wait. COMMISSIONER POWELL: Thank you, sir. I would guess we're here -- ready to hear from the applicant. Mr. Ike Shupe, would you give us your name and address, sir. MR. SHUPE: YC,g, sir. My name is Ike Shupe. Excuse me. I've got a little bit of an asthma going on tonight. Ike Shupe, Hughes and Lute, 1717 Main, Suite 2800, Dallas. I represent Bob Shelton Enterprises, Bob Shelton. How much time do I have? COMMISSIONER POWELL: I don't know how much thne the applicant has. Does anybody know? MR. SHUPE: Am I on a three-minute clock? COMMISSIONER POWELL: NO. MR. SHUeE: Thanks legal. I want you to pretend for a minute that you owned a yellow property. We're going to reverse rolls. I'm going to be the City. You owned a yellow property. And you've got a user for the yellow property and you come to me and you say, Mr. City, I am willing to develop my yellow property in accordance with all of your rules. And I say, that's good. 100-year storms, et cetera, as David was saying. PLANNING AND ZONING COMMISSION MARCH 24, 2004 Page 5 - Page 8 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 i5 16 17 18 19 20 21 22 23 24 25 CondcnscltTM Page 9 But do you sec the owner of the pink property upgrade you and in tho watershed. Now, I know he's your competitor, but what I want you to do is I want you to design the drainage not just so you can develop your yellow property, but I want you to design the drainage so that it will accept all of the water coming froln your upgradient competitor in a fully developed condition. Now, David and Dottie, we can all argue over the legalities, but independent of that, what do you Page 1 I MR. SHIJPE: okay. I am saying that this recommendation for an approval of a variance is empty. And I am asking you to direct the shaft -- I'm willing to pay for the upsizing. There's got to be an ordinance agreernent contract reservation of capacity solution to this. COMMISSIONER POWELL: Mr. Shupe, I'm sum you're aware that it's way beyond our situation here. We don't write ordinances. We don't make ordinances. That's think you would say if you were the yellow property owner particularly if I then say to you not only do you have to front the dollars somewhere by thc time it gets dowu to the regional detention, 100,000 -- $183,000.00, that's a big number, I say to you, you know, you got no way to get it back. I know it's unfair and we've met with the City staff and everybody thinks, well, I'm real sorry that it's that way. But you property owner are going to have to pay it. I, the City mn not going to reimburse you and I have no mechanism by which your upstream competitor will have to pay you when he gees to develop so he gets $183,000.00 free ride. Now, David has got a nice staff reco,mucndation which is absolutely empty in that he says, yeah, we'll approve this variance, but now you understand Ike, that when that guy comes in upstream in the pink Page 10 property, I'm going to require him to come down tkrough tho'c, rip up your Cinmnark parking lot and maybe he docs 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a City Council prerogative. So if this gets before Council, I'm sure that might be a good argumcnt, but not here. MR. SHUPE: [ have nothing else to say. COMMISSIONER POWELL: Thank you very much. Anyone else speaking on this? I'm not aware of any. Are there any -- give us your name and address, sir. M~. S~-mUTON: ~ob Shelron, 3300 Sundown Boulevard, Denton, Texas. I'm the owner of the property in question. We have been working with staff quite a while on this. And, you know, they -- on their behalf -- they've tried to come up with some solutions. They just don't have a solution on the books to accmmnodate us. We do think it's very unfair to have to actually desigu and put in a storm drainage system to acco~mnodate upstream develop flows. Page I2 We've aIways had to design and to build to undeveloped flows. Now, they're asking to actually design or he does not have to restore it because it's one of those public easement things. Well, that is a worthless recommendation. We've tried to come up with a solution in that I am willing to front the dollars. I don't like to front the dollars. I am willing to front them if I can get them back. And I am told that, well, you know, lke, we just don't have a way for you to do that. And I said, wei1, you know, is there a way for me to dedicate and reserve the capacity so that tho guy's got to conic before he develops and he's got to pay me for what I spent to 3 4 5 6 7 8 9 10 11 12 13 and build to developed flows. But we would like to be able to move this on to Council and sm if we couldn't get a resolution of Council on it. I think there is seine ways that we can resolve the issue. However -- and we recognize that the only thing you can do is recommend. But we do want to get a voice heard and explain our situation. COMMISSIONER POWELL: YOU know you have the option of taking this back. You don't have to do it tonight. Just throwing that out at you. You can withdraw the, you know, the variance. accoimnodate his fully developed conditions. Or can we do a development agreement or can you come up with some way -- you know, Dottie's got a lot of experience, come up with an ordinance. I'm willing to go put it in and to oversize it so that I don't have to face the risk of ripping up the Cinemark parking lot, Mr. Powell, when the pink guy goes to develop. But I want the staff and I want the City to come up with a way to give me my money back -- COMMISSIONER POWELL: Mr. Shupe, you're getting off topic here a little bit. Help us out. Keep on the straight and narrow here. 14 15 16 17 18 19 20 2i 22 23 24 25 MR. SHELTON: Yes, sir. We're" COMMISSIONER POWELL: I'm not asking you to do that, I'm just making sure you understand that. MR. SHELTON: Yes, sir. And we'd kind of like to be able to move forward if we could with it. We're under some time constraints, us trying to get shorted and we'd like to move forward and sec where we're at with it. COMMISSIONER POWELL: Thank you. Colmnents? Discussion from the Cotmnission? Mr. Roy and then Ms. Holt. COMMISSIONER ROY: I understand the PLANNING AND ZONING COMMISSION MARCH 24, 2004 Page 9 - Page 12 CondcnscItTM l 2 3 4 $ 6 7 8 9 lO ll 12 13 14 16 17 18 19 20 21 22 23 24 25 1 2 3 4 $ 6 7 8 10 tl 12 13 14 15 16 t7 18 19 20 2t 22 23 24 Page 13 argmnent, and sympathize to a degree and a great degree, but that is the Code requirement and it is not up to us to change the Code requirements. And it is consisteut with what we've had other people do. I mean, just a couple of weeks ago we had someone in here talking about a warehouse location having to be changed because of these requirements. Whether the requirement is right or wrong, Page t5 is going to have to come through and upsize it. We do not have a mechanism in our current ordinance to require tile upstream developer to pay the downstream developer for upsizing right now. COMMISSIONER JOHNSON: If the proposed variance were approved and the culvert the size that is being discussed is built, until the upstream property is it's not up to us decide. So I don't see how we can do anyflfing but to deny this variance request because it doesn't mc'et our Code. COMMISSIONER POWELL: MS. Holt. COMMISSIONER HOLT: Yes. I was going to ask, do we have other instances where this has happened where we have required the developer to upsize his requirement? COMMISSIONER I~OWELL: Mr. SaLmon is going to speak to that issue, I believe. MR. SALMON: Yes. I mean, we consistently -- people do this. I mean, this is our standard 8 9 10 11 112 13 14 15 16 !17 19 developed, there is no issue, right? MR, SALMON: correct. Assmning that tho variance is granted that they choose to build the large drainage systmn anyway or -- well, regardless of what -- if they choose to build the small one, there's not an issue. The issue comes into play when that person upstream comes in with a proposed development. And at that point -- COMMISSIONER JOHNSON: SO at that point then conceivably what would happen is the upstream guy may not be able to develop because he wouldn't be able to satisfy the drainage requirements, right? requirement and has been even in our old Development Code. So for at least -- well, since at least 1990 which was the previous major update of our drainage code this has been a requireanent, and people have consistently done it. COMM~SS~ON~ Uou~r: okay. Thank you. COMMISSIONER POWELL: Mr. Johnson. Page 14 COMMISSIONER $OHNSON: And yet, the slaff is recmmnending that we approve the variance? MR. SALMON: well, I mcan, yOU know, this isn't tile venue really to speak about, you know, legal issues, but it is our understanding that there could possibly be a legal question here and so based on that, we have reconunended the variance. And that's really about all I can say at this point. And, you know, staff obviously is looking at this issue, and as a matter of fact, we've had a nmnber of internal meetings and lneetings with some externat consultants regarding this particular issue and we are researching the issue to figure out whether or not we want to or if we do want to how we want to amend our ordinance. COMMISSIONER JOHNSON: ^nd you're satisfied there are no other alternatives other than a much larger conduit than what they're proposing to build, right? Ma. S^tMO~q: well, in this particular case, and I know the figure of $183,000.00 was thrown out. I mean, obviously, I know that the applicants don't want to do this, but they could build an open channel and still meet our requirements at a much lesser cost than what they are proposing. The other option is that they, you know, go ahead and build the smaller drainage and simply understand thai at some point in time that person upstream 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 MR. SALMON: well, I mean, it might be -- he would be able to -- I mean, there's -- we would be able to figure out a way for him to satisfy the drainage requirements. Unfortunately, probably the easiest thing for him to do would not be very palatable for the Cinemark. Page 16 COMMISSIONER JOHNSON: But then that would be an issue between those two individuals because you really wouldn't be able to develop the upstream property until you satisfied the drainage issues, right? MR. SALMON: Correct. I mean, the upstream property owner would not be able to develop his property until he and his engineers came up with a workable solution to provide for the drainage. I can tell you in this case that providing a detention pond on the upstream property is not an option. The detention for the upstream property has already been provided in Unicorn Lake. The City participated in the cost of that lake as well as participated in the cost of Windriver Boulevard. Part of that money went toward upsizing the storm sewers under Windriver Boulevard. And so allowing the upstream developer to do detention would not only negate the tens of thousands of dollars that the City has already put into this project, but it would make file dowlastream detention pond possibly not function properly. COMMISSIONER JOHNSON: And that's the other issue. The conduit that's on the downstream side that goes, I guess, goes under Windriver and then all of the way to Unicorn Lake? M~. SAt~MON: well, right now there's only an enclosed conduit under tile road and then thet,e's just PLANN1NG AND ZONING COMMISSION MARCH 24, 2004 Page 13 - Page 16 CondcnscltTM 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 lg I9 20 21 22 23 :24 25 Page 17 an open channel for the mute down to the lake. COMMISSIONER JOHNSON: HOW big is the conduit under the road? MR. SALMON: It'S a multiple box culvert. It's a big box culvert. COMMISSIONER JOHNSON: SO it's big enough to handle then? MR. SALMON: Right. COMMISSIONER JOHNSON: okay. Thank you. COMMISSIONER POWELL: Legal, MS. P^LUM~O: Right. I just want to get you to focus on the request. Thc applicant is requesting the variance and to direct your cormnents and questions to 1 2 3 4 5 6 7 8 9 10 11 12 13 Page 19 why it's not -- I think, to me, it's a very pertinent point. But I, of course, yield to legal. COMMISSIONER POWELL: Thank you. We have a motion and a second. Any other discussion? Seeing no other discussion, I'll call for a vote on the motion. The motion is to deny; is that correct, Mr, Roy? COMMISSIONER ROY: Right. COMMISSIONER POWELL: MS. Holt, try again, please. Thank you. Motion to deny passes 4 to 2. (COMMISSIONER JOHNSON AND WATKINS VOT[NO IN OPPOSITION) COMMISSIONER POWELL: WO go to Itoh Gocn-Hudgens addition. Consider granting a physical that. COMMISSIONER POWELL: IS there any other discussion or docs somebody have a motion here? COMMISSIONER aox': I'd just like to add that, you know~ we -- from a consistency point of view, we've been requiring this for every other applicant, and there's no physical hardship here. And, you know, this is just a -- seems to be a cost issue. And, again, I don't 14 15 16 17 18 19 20 21 hardship variance of Section 35.20.4(G) of the Code of Ordinance concerning driveway spacing standards. Mr. Salmon. MR. SALMON: AS opposed to the last variance, this variance is a physical hardship variance, not an exaction variance. So it is a variance that the Planning and Zoning Colmnission has the authority to grant if tile Conmfission feels that the variance meets all five see how we can approve this so I'm ready to make a motion if there's no fm~er discussion, I move that we deny this exaction variance. COMMISSIONER POWELL: IS tiling: a second to Page 18 22 23 24 25 of the applicable criteria in our Code. In this case we're looking at a piece of property along the 1-35E southbound service road adjacent to the Coventry Apartments, which is located between Sam Page 20 COMMISSIONER STRANGE: second. COMMISSIONER POWELL: we have a request frown staff to say something hem. MS. eAR~'EwrER: Mr. Chairman, could I ask David Sahnon a question? Would that be all right? COMMISSIONER POWELL: Absolutely. MS. CARPENTER: with respect to file questions of cost that have come up here, are you aware that there's any other agreements between the developer and the City concerning the cost of that drainage improvement? MR. SALMON: YeS. As a matter of fact last night at the City Council a 380 Economic Development Agreement was approved and the City will be reimbursing the developer for the extra cost of the drainage over a period of time through a sales tax reduction. MS. PALLIMBO: I just want to mention that that really isn't before you to consider in whether you want to grant or approve the variance, that's kind of some extraneous information, so I wanted you Io focus on the applicant, his request, the Code and the facts before you. COMMISSIONER POWELL: Mr. Roy, you were up there. Do you want to go? COMMISSIONER ROY: welt, I don't understand 1 2 3 4 5 6 7 8 9 10 11 12 i3 14 15 16 17 18 19 20 2I 22 23 24 25 Bass Road and Teasley Lane, The variance specifically is regarding our driveway spacing standards. In short~ the subject property on the overhead is shaded in gray. A funeral home is being proposed on tile parcel. The subject parcel was originally part of a larger tract of land which surrounds it and currently has apamuents. When the aparm~ent property was platwat, this issue came up at that time under our old Code which required a 300~foot driveway spacing on an aftra'iai which is what we consider our service roads. And so at the time the owners and developers of the apartments in platting the aparm~ents built their driveway inm~ediately to the east of tile property that we're looking at this evening, and provided a joint use access easement so that the out parcel would have access to the service road and lneet the City's Code requirements. This is a copy of the final -- proposed final plat for the subject property and you probably don't -- but you can -- and it's in your backup. You can see some dashed lines that show the location of the joint use access easement into the property. The applicants have based their reasoning for the variance on the type of use that they're proposing. Their concern, of course, is with the proposed property being used as a funeral home. There will be PLANNING AND ZONING COMMISSION MARCH 24, 2004 Page 17 - Page 20 HUGHES LUCE LLP february 11, 2004 1717 t4ain Street, Suite 28(X) Dallas, Terns 76201 Z14.939.6600 214.939.6100 (Tax) 214,9~94 Re: Request for an Exaction Variance Attached i~ an application by Bob Shel~ for an exaction variance for property at the southwest and northwest co~r of Windriver Lane and Intestate 35E. The Dentxm Development Code (the "Code") provide~ authority for the City Council to grant exaction variances. The Code defines an exaction variance a~ "a variance granted on the basis of a finding that the imposition of the regulation(s) exceeds any reasonable benefit to the property owner or i~ ~o exce~ive as to constitute ¢onf~:ation of the tract to be platted.' On behalf of Mr. Shelton, I am writin~ this letter to provide justification for the granting of the requested variance. Section 35.19A(A)(5) of the Denton Development Code states: (A) Ail development~ shall provide for new drainage facilities, the improvement of any existing drainage facilities, channel improvements, grading, driveway adjustmems, culvert improvements or any other improvement, drainage facility or work which is necessary to provide for the ~ormwater drainage needs o/ a development, in accordance with the requirements and design standards of this section, shall be included but not limited to any drainage facih'tie~, improvement~ or other work which i~ necessary to: I-IUGHES LUCE LLP Kelly Carpmat~r February 11, 200t Page 2 (5) provide for the conveyance of off-site storm drainage based on ultimate developed watershed conditions through the development. The quoted provision is based on a City policy that prohibits on-site detention ponds and requires regional detention. Mr. Shelton is in the process of platting land adjacent to Unicom Lake, a regional detention pond. The City has notified Mr. Shelton that he must provide storm drainage facilities to accommodate the estimated/ully developed flows/rom upstream property to the north that does not abut Unicom I~ke. This reqtfirement puts a significant created by Mr. Shel~'s development and constitutes an illegal exaction. The cost to serve such other owners should be paid by tha dry or by such owners; otherwise, those owners (who are devdopment competitors) ~ a "/ree ride" at Although the City o/Denton has a policy against on-site detention ponds, such a policy does not ~sti/y placing disproportionate ~ burdens on a single property owner. I/the City is opposed to on-site detenti/m, then the City should come up with a solution to allocate the cost of regional del~ntion evenly among the benefited property owners. In the alternative, the City should pay/or the added in/rastructure costs required to serve the development of Mr. Shelton's upstream neighbor, and seek reimbursement/rom that neighbor when his/her land is develol~d. H Mr. Shelton is forced to comply with this ordinance, ha has two options, both of which are unreasonable and amount to the confiscation o/his land. He can provide a larger pipe to carry the off-site flow across his property to a regional detention pond at significant added expense, or he can construct a draina~ ditch across the middle c/a planned parking area. Neither of these options is reasonable when considering that Mr. Shelton is not generating the ~ for these facilities. He happens to be a downstream owner adjacent to Unicom lake, but this fact should not make him responsible for ins~_ lling the in/rastructure needed solely to serve hiture upstream development. HUGHES, LUCE LLP Februm7 In addition, in refererlce to the extension of water and ~rer main~, Section 352162(A)(1) of the Denton Development Code statea: ~All development lot (defined by plat or lot of record) in ~uch an alignment that it c~n be extended ~o the next property in accordance with the master sewer and water neifhbor~ r,~r~,:. ----- the draina~ ..~ exp,_ _ benefit Mr. 5he. Iron's development. The firmncial costs of providin~ this line should be paid by ~ City or the owner of the property to the north. I ur~ you to recommend approval of the requested variar~e. Please call me if you have any questions. Sincerely, M~ D. Lindelow CC: Bob Shelton lke Shupe AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET June 15, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Tom Shaw 349-7100 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the purchase of five refuse trucks for the Solid Waste Department; providing for the expenditure of funds therefore; and providing an effective date (Bid 3173-Refuse Trucks awarded to the lowest responsible bidder for each item in the total amoum of $651,575). BID INFORMATION This bid is for the purchase of five refuse trucks. Three trucks are rear-load residemial units, one is a froM-load commercial unit and one is a roll-off commercial unit. Two of the rear-load trucks are motor pool fleet replacemems for 1991 and 1993-year model units. The froM-load replaces a 1996 model truck. The third rear-load and the roll-off unit are fleet additions approved in the 2003-2004 budget process. All five trucks are powered by EPA Tier II compliam diesel engines. Eighteen bids were received from seven vendors. Dallas Peterbilt, Dallas Mack, ATC Dallas Freightliner, and Metro Autocar submitted multiple bids incorporating differem refuse bodies. RECOMMENDATION We recommend award of this bid to the lowest responsible bidder meeting specifications for each item as listed below. Item# Quant. Desc. Vendor Price Ea. Total 1 3 Rear Load Dallas Peterbilt (3) $133,587 $400,761 2 1 Front Load Dallas Peterbilt (4) $147,914 $147,914 3 1 Roll-Off Dallas Peterbilt (5) $102,900 $102,900 Total $651,575 PRINCIPAL PLACE OF BUSINESS Dallas Peterbilt Dallas, TX Agenda Information Sheet June 15, 2004 Page 2 ESTIMATED SCHEDULE OF PROJECT All five units are available for delivery within 120-150 days or approximately mid-October 2004. FISCAL INFORMATION The units will be funded through a third party lease-purchase agreement approved by Council on April 20, 2004. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Bid Tabulation 1-AlS-Bid 3173 ORDINANCE NO. CONSIDER ADOPTION OF AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FIVE REFUSE TRUCKS FOR THE SOLID WASTE DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3173-REFUSE TRUCKS AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM IN THE TOTAL AMOUNT OF $651,575). 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, equipmem, 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, equipmem, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agem, are hereby accepted and approved as being the lowest responsible bids for such items: ITEM# QUANT. DESC. VENDOR PRICE EA. TOTAL 1 3 Rear Load Dallas Peterbilt (3) $133,587 $400,761 2 1 From Load Dallas Peterbilt (4) $147,914 $147,914 3 1 Roll-Off Dallas Peterbilt (5) $102,900 $102,900 Total $651,575 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 represemative 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 the day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-Bid 3173 Page 2 of 2 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: June 15, 2004 Parks and Recreation Department Howard Martin, 349-8232 ~ SUBJECT Consider approval of a Resolution adopting the 2004 Lake Forest Park Master Plan; and providing an effective date. BACKGROUND The Parks and Recreation Department is continuing to proceed with the implementation of the 2000 Park and Recreation Master Plan stated goals that include the equitable distribution of parks, open space and recreation facilities. The five-year action plan included land acquisition for a community park targeted for rapid growth areas in far south Demon. Facilities idemified for the community park included trails, athletic fields, recreation center, multi-purpose courts, play and picnic areas. In December 2002, the City purchased 69.320 acres of new community parkland in south Denton on Ryan Road near Montecito Drive. Plans for this park were to offer a large facility to encompass multi-use facilities from active athletic practice fields to passive natural areas. After a preliminary plan was presented to approximately 50 area residents on February 26, 2004, the final master plan was developed laying plans for future developments in an orderly manner that is consistent with Denton's growth, neighborhood compatibilities and the citizen's desires for new recreational facilities. The master plan provides for future expansion in phases as funding is available for the athletic field areas with new open play areas and playgrounds, parking areas, restroom facilities, trails, as well as a new entrance/exit roads to the parking lots. Proposed Phase I construction will include an access road, parking lots, playground, open area practice athletic fields, walking trails, and a dog park. OPTIONS Adopt a resolution of support for the new Lake Forest Park Master Plan as presented. Direct staff to make modifications to the master plan presented and resubmit to City Council for future approval. RECOMMENDATION Staff recommends approval of the resolution supporting the 2004 Lake Forest Park Master Plan. ESTIMATED SCHEDULE OF PROJECT Not Applicable PRIOR ACTION/REVIEW The Parks, Recreation and Beautification Board reviewed the master plan at the June 7, 2004 meeting and recommends approval. FISCAL INFORMATION Future development of this park will be funded through voter approved bond programs. Phase I construction is funded with 2000 bond funds and a wetland mitigation agreement payment recently approved by City Council. EXHIBITS 1. Resolution 2. Lake Forest Master Plan 3. Parks, Recreation and Beautification Board Minutes for June 7, 2004 Respectfully submitted: Prepared by: Robert K. Tickner, Superintendent Parks and Recreation Department / Janet Simpson, Director, Parks and Recreation Department L:\¥Vord Docs\City Council Agenda items\City Council Resolution for Lake Forest Park Master Plan agenda item 6-15-04.doc S:\Our DocumentsLResolutions\04XResolutionLakeForestMasterPlan6-7-04.doc RESOLUTION NO. A RESOLUTION ADOPTING THE 2004 LAKE FOREST PARK MASTER PLAN OF THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton Parks and Recreation Department has prepared a 2004 Lake Forest Park Master Plan, a copy of which is attached hereto and incorporated herein by reference (the "Plan"); and WHEREAS, on June 7, 2004, the Parks and Recreation Board recommended approval of the Plan; and WHEREAS, the City Council f'mds that the Plan is in the public interest and in the best interests of the health, safety and general welfare of the citizens of the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas hereby adopts the Plan. SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ., 2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINEBROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY EXHIBIT NEIGHBORHOOD PArk Playground Area Spray Grounds Picnic Shellers ,! PROPOSED TRAIL- SYSTEM AREA OF WETLAND MITIGATION OBLIGATION EXISTING NATURE TRAIL MULTI-PURPOSE COURTS TENNIS COURTS PRESERVE EXISTING WINDMILL PEDESTRIAN BRIDGE BACKSTOP PROPOSED NATURE TRAIL NATURAL AREAS W/ TRAILS, BENCHES & PICINC FACILITIES CONNECTION TO CROSS TIMBERS NATURE TRAIL Conceptual Mas~erplan LAKE FOREST PARA' Denton, Texas DUNKIN SIMS STOFFELS, INC. LANDSCAPE At~CH[TECTS / PLANNERS -- VIEW-POINTS, TYP. ACME Br?/CK CO/v'PANY VOL. ,3127, PC. .930 F~P.F~.D.C.T 61 612 TANK SHALL BE FENCED SEPARATELY tram OTHER PORTION OF THE DOG PARK. EXHIBIT 2 Scale: 1" = 100'-0" Date: 4/28/04 Draft Parks, Recreation and Beautification Board Minutes June 7, 2004 Members present: Teresa Andress, Dale Yeatts, Geri Aschenbrenner, Chuck Smith, and Ross Richardson. Members absent: Jo Kuhn and Reggie Heard. Staff present: Janet Simpson, Emerson Vorel, John Whitmore, Janie McLeod, Bob Tickner, and Lancine Bentley. Other guests: Alan Nelson, with the Denton South Rotary Club. Chairperson Teresa Andress called the meeting to order at 6:02 p.m. Awards and Recognition - None Approval of Minutes. Teresa asked if there were any corrections to the May minutes. The minutes stood as distributed. ACTION ITEMS Consider a Recommendation to Approve the Lake Forest Conceptual Master Plan. Bob reviewed the location of the 69-acre Lake Forest Park. He discussed the public meeting that had been held in February and the comments from the citizens. One issue that was a concern is the traffic flow on Ryan Road. Bob said the entrance drive into the park from Ryan Road had been realigned to provide better visibility for vehicles. Bob discussed that Phase I development of the park would have and entrance road and some parking, practice athletic fields, a playground/picnic area, trails, and dog park. The future additions could include tennis courts, multi-purpose courts, trails, recreation center or indoor facility. The plan also indicates the deed restriction for mitigating a wetland from a commercial development. Teresa asked about providing restroom facilities. Bob responded that some type of facility would be provided for the public's use. ACTION: Ross Richardson made a motion recommending the approval of the Lake Forest Conceptual master plan. Geri Aschenbrenner seconded the motion and it was passed unanimously. DISCUSSION ITEMS Denton South Rotary Club Request to Name City Hall Fountain. Janet introduced Alan Nelson, with the Denton South Rotary Club. Alan said the club has approached the Department to offer assistance in the renovation of the fountain on the northeast corner of City Hall in Civic Center Park. The renovation is the Rotary Club's Centennial Project, to which they have committed to contribute $15,000. The renovated fountain will include a monument-style sign that will serve as a memorial to past Rotarians Howard L. Stone and Brandon Barnes. Additional names can be added to the sign as needed. EXHIBIT 3 Draft The club is also requesting that the fountain be renamed to identify the Denton South Rotary Club in some way. Ross Richardson agreed to serve on the Naming Committee and work with the Rotary Club to in accordance to the Park and Facilities Naming Policy. Ross will give a recommendation for the name of the fountain at the August meeting. Fiscal Year 2004-05 Department Budget. Janet reviewed the budget information that had been distributed in the Board packets. She added that City Council would vote on the City budget in September and it would go into effect in October. DIRECTOR'S REPORT Project Status Report. There were no questions. Keep Denton Beautiful Report. There were no questions. Items for Next Meeting. There will not be a July meeting. At the August meeting, Ross will present recommendation for the naming of the fountain. There being no future discussion, the meeting was adjourned at 7:15 p.m. AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET June 15, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Janet Simpson 349-8274 SUBJECT Consider adoption of an Ordinance authorizing the City Manager or his designee to execute a professional services agreemem with Dunkin, Sims, Stoffels, inc. to provide design completion, development services, and contract administration for Lake Forest Park; authorizing the expenditure of funds therefore, and providing an effective date (RFP 3176 in an amoum not to exceed of $62,100). PSA INFORMATION The 2000 Bond program provided funding for the design and developmem of a community park with athletic fields and open spaces, in December 2003, the City selected Dunkin, Sims, Sorrels, Inc. to assist us in preparation of a master plan for the new 69 acre Lake Forest Park which was acquired from Lake Forest Retiremem Community on Ryan Road in December 2002. We have now received and evaluated a proposal from Dunkin, Sims, Stoffels, inc. for the final design and construction documems for bidding the Park. Developmem features will include an access roadway, parking lots, playgrounds, picnic facilities, open practice athletic fields, utilities, restroom facilities, fencing, and trail developmem. The selection committee of Bob Tickner, Janet Simpson, and Emerson Vorel (Parks) and Tom Shaw (Purchasing), chose Dunkin, Sims, Stoffels, inc. because of their 15 years of work experience with the City of DeNon. They have designed and administered construction oversight at other City parks including, North Lakes Park, Evers Park, Denia Park, Mack Park, Avondale Park, Cross Timbers Park, Joe Skiles Park, Bowling Green Park, and E.J. Milam Park. The firm is very knowledgeable about the City's Park system and also has available Auto CADD documems to expedite this project. The proposal provides for design and construction documems and general construction oversight on an estimated $387,000 construction price at 8.3% for $32,100. Onsite surveying professional services for Phase i will be $25,000. Reimbursable expenses are estimated at $5,000. This makes the total not to exceed contract amount $62,100. RECOMMENDATION We recommend award of this agreement to Dunkin, Sims, Stoffels, Inc. in an amount not to exceed $62,100. Agenda Information Sheet June 15, 2004 Page 2 PRINCIPAL PLACE OF BUSINESS Dunkin, Sims, Stoffels, Inc. Dallas, TX ESTIMATED SCHEDULE OF PROJECT The Lake Forest Park project is expected to go out to bid in August 2004 with completion of construction estimated to be in early spring 2005. FISCAL INFORMATION This project will be funded from account 400041441.1365.20100. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 3176 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DUNKIN, SIMS, STOFFELS, INC. TO PROVIDE DESIGN COMPLETION, DEVELOPMENT SERVICES, AND CONTRACT ADMINISTRATION FOR LAKE FOREST PARK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE AND PROViDiNG AN EFFECTIVE DATE (RFP 3176 iN AN AMOUNT NOT TO EXCEED OF $62,100). WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the 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 City Manager is hereby authorized to enter into a professional service contract with Dunkin, Sims, Stoffels, Inc. to provide professional design completion, development services and construction administration for Lake Forest Park, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract. SECTION 3. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. EULiNE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: File 3176 Lake Forest Park Page 2 of 2 I I I PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER THIS AGREEMENT is made and entered into as of the day of ., 2004, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McK_irmey Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and Dunkin,Sims,Stoffels,inc.., with its corporate office at 9603 White Rock Trail, Suite 210, Dallas, TX 75238 hereinafter called "Design Professional," acting herein, by and through their duly authorized representatives. In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1 EMPLOYMENT OF DESIGN PROFESSIONAL The Owner hereby contracts with the Design Professional, a licensed Texas architect or engineer, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in the Proposal, the General Conditions, and other attachments to this Agreement that are referenced in Section 3, in connection with the Project. The Project shall include, without limitation, (describe the Project in the space below or in an attachment) Provide Design Development, Construction Documents, Bidding and Construction Review for Phase I of Lake Forest Park as delineated within the attached proposal labeled Exhibit A Page 1 SECTION 2 COMPENSATION The Owner shall compensate the Design Professional as follows: 2.1 BASIC SERVICES 2.1.1 For Basic Services the compensation shall be: On-Site Topographical Survey: Total Compensation: $ 32,100.00 $25,000.00 $57,100.00 2.1.2 Progress payments for Basic Services shall be paid in the following percentages for of the total compensation for the Basic Services satisfactorily completed at the end of the following phases of the Project: Existing Conditions/Base Map Design Development Construction Documents Bidding Constmction Review lo% 25% 45% Z% 15% 2.2 ADDITIONAL SERVICES 2.2.1 Compensation for Additional Services is as follows: Principals Associates CADD Technician Technical Staff Clerical Staff $ t 05.00 per hour 90.00 per hour 75.00 per hour 50.00 per hour 25.0Q per hour 2.2.2 Compensation for Additional Services of consultants, including additional structural, mechanical and electrical engineering services shall be based on a multiple of 1.1 times the mounts billed to the Design Professional for such additional services. 2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of on.__e_e times the expenses incurred by the Design Professional, the Design Professional's em- ployees and consultants in the interest of the Project as defined in the General Conditions but not to exceed a total of $5,000.00 without the prior written approval of the Owner. Page 2 SECTION 3 ENTIRE AGREEMENT This Agreement includes this executed agreement and the following documents ail of which are attached hereto and made a part hereof by reference as if fully set forth herein: 1. City of Denton General Conditions to Agreement for Architectural or Engineering Services. 2. The Design Professional's Proposal 3. Attachments -- through -- This Agreement is signed by the parties hereto effective as of the date first above written. · CITY OF DENTON ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: BY: MICHAEL A. CONDUFF CITY MANAGER Bob -Sto'ff~l~ Principal WITNESS: ~SLA Page 3 i I I I I I I CITY OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES ARTICLE i. ARCHITECT OR ENGINEER'S RESPONSIBILITIES 1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreemenf') and proposal (the "Proposal") to which these General Conditions are attached) performed by the Architect or Engineer (hereLnal~r called the "Design Professional") or Design Professional's employees and consultants as enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services"). 1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with thc level of care and skill ordinarily exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely actions (the "Degree of Care"). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusl~l as the Project proceeds, and shall include allowances for periods of time required for the Owner's re, iew and for approval of subruissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable eanse, be exceeded by the Design Professional or Owner, and any adjnslrru:nts to this schedule shall be mutualIy acc.~ptable to both parties. ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include without limitation normal structural, civit, ' .... . mechanical and electrical engmeenng services and any other engmeerlag services necessav/to produce a ~omplete and acenrat~ set of Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the requirements for the Project. 2.2.2 The Design Professional shall provide a preliminary evaluation of the Own~s program, construction schedule and construction budget requirements, each in mrms of the other, subject to the limitations set forth in Subsection 52.1. 2.23 The Design Professional shall review with the Owner allcmative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schemaac Design Documents consisting of drawings and other documents illnswating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulati6ns. 2.23 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or ether unit costs and which indicates the cost of each category of work involved in constrdOJng the Project :md establishes an elapsed time factor for the period of time from the commencement to the completion of construction. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved ScI~em~¢ Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawiiags and other documents to .fix and describe the size and character of the Project as to architectural, structural, mechanical and eleelrical systems, materials and such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional warrants that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project. 23.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Slatement as described in Section 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjnstm~m0ts in the scope or qhality of the Project or in thc constrm,'tion budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Cons~ction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. 2.4.2 The Design Professional shall assist the Owner in the preparation of the necessury bidding or procurement information, bidding or procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor. 2.4.3 The Design Professional slm/1 advise the Owner of any adjustments to previous preliminary estima~ of Construction Cost indicated by changes in requLrements or g, neral market conditions. 2.4.4 The Design PmfessionaI shall assist the Owner in connection with the Own~s responsibility for filing documents required for the approval of gevemmental authorities havingjurisdictiun over the Project. 23; CONSTUCIION CONTRACT PROCLrREMENT 23;.1 The Design Professional, following the Owner's approval of the Comtmction Documents and of the latest prelimin~ay detailed estimate of Constmcfiun Cost, shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without Page I of 8 \\Server-pdeLDSS_dataLR. eceptionistXcitySDentonkt.ake Forest Park\GENERAL CONDiTIONS.ARCHrl-EC~r_ENGiNEER.do¢ I I I I I thetimitati°n,sole discretionthe competitiVeofthe Owner.Sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the constmedon contract is in 2.5.2 h°the construction contract amount for the Project exceeds the total constmedon cost of the Project as set forth in the approved DeX~iled Statement of Probable Consmaedon Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the Owner to md-ce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total constmedon cost szt forth in the approved Derailed Statement ofProbable Constmedon Costs. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF ~ L-~NSTRUCTION CONTRACT 2.6.! The Design Professional's responsibility to provide Basic Services for the Construction Phase under this A~reement commences with the award of the Contract for Consh-aedon and terminates at the issumce to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2. 2.6.2 The Design PmfessionaI shall provide detailed administration of the Contract for Construction as set forth below. For design profeasionalss the administration shall also be in accordance with AIA document 3.201, General Conditions of the Contract for Comtmedon, current as of the date of the Agreement, urdess otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of tho Agreement, un/ess otherwise provided in the A~reement. 2.6.3 Construction Phase duties, responsibilities and limitations of aulhority of thc Design Professional shall not be msfficted, modified or extended without written agreement of thc Owner and Design Professional. 2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owners direction from time to time during the correction, or warranty period described in thc Contract for Construction. The Design Professional shall have authority to act on behalf of the Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument 2.6.5 The Design ProfessionaI shall inspect the construction site at least two times a week, regardless of whether construction is in progress, to become familiar wU the progress and quality of the work completed and to determine tithe work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to each on-site visit. On thc basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree ogCare and diligence in discovering and promptly reporting to the Owner any defects or deficien~es in the work of Contractor or any subcontractors. The Design Professional represents that he wil! follow Degree of Care in performing all Services under the Agreement. The Design Professional shall promptly conect any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owner's approv~ acceptance~ use of or payment for all or any part of the Design Professional's . Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owners rights hereunder. 2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and proglan~ in connection with the work. The Design Professional .shall not be responsible for the Coraractofs schedules or failure to carry out the work in accordance with the Cen~act Documents except insofar as such failure ma.v result from Design Professional's negligent acts or omis- sions. The Design Professional shall not have conlrol over or charge of acts or omissiom of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing porlions of the worlr. 2.6.7 The Design Professional shall at all times have aec. ess to the work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the'Design Professional's consultants shall be through the Design Professional. 2.6.9 Based on the Design Professional's observations at the site of the work and evalu~ons of the Conwaotofs Applications for Payment, the I~sign Professional shall review and certify the amounts due the Contractor. 2.6.10 The Dasign Professional's e. mtificafion for payment shall constitute a representation to the Owner, based on the Design Professional's observations at the site as pmvi~ad in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, lhat thc work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations f~om the Contract Documents cor- rectable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Cer'dficate for Payment shall further cort~fitute a representatign that thc Contractor is entitled to payment in the amount certified. However, the issuance cfa Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sm · 2.6.11 The Design Professional shati have the responsibility and au~ority to reject work which does not conform to the Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation of thc intent of the Contract Doo. unents, the Design Professional will have authority to require additional inspection or testing of the work in accordance with the provisions of the Contract Docments, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shalI give risc to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the work. 2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of (1) determining complimce with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when completed, will be in compliunce with the requirements of the Contract Documents. The Design Professional shall act with such reasonable pmmphaess to cause no ~elay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating ins~uetions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by ~ac Contract Documents. The Design Professional's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or proceduees. The Design Professional.'s approval cfa specific item shall not indicate approval of an assembly of which the item is a componont. When professional certification ofperformanco characte~tic~ of materials, systems or equipment is required by thc Contract Documents, the Design Professional shall be~onfitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by thc Contract Documents. Page 2 of 8 \\Server-pdc~DSS_data~Recaptionist~,city~Denton~Lake Forest Park\GENERAL CONDITIONS-ARCHITECT-ENGINEER..6oc I I 2.6.13 The Design Professional shall peepare Change Orders and Constroction Change Directves, with supporting documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 33.3, for the Owner's approval and execufon in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract .gum or an exl~nsion of the Contract Time which are not inconsistent with the htent of the Con~aet Documents. 2.6.I4 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related documents mquked by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the requirements of the Contract Documents. i I l 1 2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any tirae limits agreed upon. 2.6.16 Interpl~tions and decisions of the Design Professional shall be consistent w~ the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such ........ interpretations and umtial dec~stans, the Design Professional shall endeavor to secuw faithful performance by both Owner and Conh~tetor, and shall not be liable for results or interpretations or decisions so rendered ha good faith in accordance with all the provisions of this Agreement and in the absence ofnegligance. 2.6.17 The Design Professional shali render written decisions wiibJn a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the work as provided in the Contract Documents. 2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for alt damages caused by the defective designs the Design Professional prepares; and 0) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder. 2.6.19 The Design Professional ~hall provide the Owner with four sets of reproducible prints showing all significant changes ~o the Construction Documents during the Construction Phase. ARTICLE 3 ADDiTIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition' to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Cantingent Additional Services in Section 3.3 are required due to circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner in'writing and shall not commence such additional services until it receives wrilX~n approval fi'om the Owner to proceed, ffthe Owner indicates ha writing that alt or part of such Contingent Acktifional Service~ are not required, the Design Professional shall have no obligation to provide those services. Owner wiU be responsible for compensating the Design Professional for Contingent Additional Services only if they are not required due to the negligence or fault of Design Professional. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project Representatives to assist ha carrying out such additional on-site respansibilifies. 3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as agreed by the Owner and Design Professional. · 33 CONTINGENT ADDITIONAL SERVICES 33.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent with approvals or iustmctions previously given by the Owner, including revisions made necessary by adjustments in the Owners progr~a'n or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. due to changes required as a result of the Owner's failure to render decision in a timely manner. 3.3.2 Providing services requited because of significant chmages in the Project including, but not limited to, size, quality, complexity, or the Owners schedule, except for services required under Subsection 2.5.2. 3.33 Preparing Drawings, Specifications and other docaunentation and supporting data, and providing other services in connection with Change Orders and Consa'uction Change Directives. 3.3.4 Providing consultation concerning replacement of work damaged by fa-e or other cause during construction, and furnishing services required in connection with the replacement of such work. 33.5 Providing services made necessary by the default of the Contractor, by major def~'ts or deficiencies in the work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Conslxuetien. 3.3.6 Providing services in evalu~ng an extensive number of claims submitted by the Contractor or others in connection with the work. Page 3 of 8 \~Server-pd&DSS_data~R.eceptionist~eity~Denton~ake Forest Park\GENERAL CONDITYONS-ARCH1TECT-ENG1NEER.doc i1 il I 3.3.7 Providing services in ' ' ' .... eonaec~on v~th a public hearing, arbxlratlon proceeding or legal proceeding except where the Design Professinual is party thereto. 3.3.8 Providing services in addition to those require~ by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents Phase. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the comravy, all services described in this Article 3 that are caused or necessitated in whole or in pan due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening · · or concurrent neghgcnce o£the Owner shall not Iunit the Design Professional's obligntions under this Subsection 3,3.9. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies. 3.4.2 Providing planning surveys, site evaluations or comparative studies ofprospec~ve sites. 3.4.3 Providing special surveys, environmental Ymdies and submissions required for approvals of governmental attthofifies or others having juflsdicfion over thc Project I i I 3A,4 Providing services relative to fi~ture faeilMes, syst~ and equipment 3.4.5 Providing services to investigate ex~sting conditions or facilities or to make measured drawings thereof. 3,4.6 Providing services to verify the accuracy of drawings or other information faa'nished by the Owner. 3.4.7 Providing coordination of construction performed by separa~ contractors or by the Own~s oven force~ and coordinaton of services required in connection with construction performed and equipment supplied by the Owner. 3.4.8 Providing detailed quantity surveys or inventories ofmmefial, equipment and labor, 3.4.9 Providing amtlyses of operating and maintenence costs, ! l ! 3.4.10 Making invc~gations, inventories of materials or equipment, or valuations and detailed appraisals ofexisUng facifities, 3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing preparation of operation and maintenance manuab, training persounel for operation and maintenance and consullation during operation~ 3.4.13 Providing interior design and simila~ services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment 3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the finM Certificate for Payment and expiration of the Wananty period of the Contract for Construction, 3.4.15 Providing services of consultants for other than architectural, civil, struciaml, mcobanicat and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.I6 Providing any other services not othenvise included in this Agreement or not customarily furnished in accordance with gcuerally accepted architectural practice. 3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6,19, showing significant changes in the work made during con- sa'uction based on marked-up prints, drawings and other dam fumishad by the Contractor to the Design Professional 3.4.18 NOtwithstanding anything contained in the Agreement, Proposal or these General Conditions to the con~'ary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or or~sion of the Design Professional shall be performed by the Design Professional as a part of the Basic. Services. under thc Agreement.With. no additional compensation. , above and beyond thc compensation due the Design Professional for the Basic Services, The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations unde~ this Subsection 3.4.18. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall consult with the Design Professional regarding requkements for thc Project, including (1) thc Owner's objectives, (2) schedule and design consmints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as mare speci- fically described in Subsection 2.2.1. 42 'he Owner shall establish and update an overall budget for the Project, including thc Constxuction Cost, the Owners other costs and reasonable contingencies related to alt of these costs. 4.3 If requested by the Design Professional, thc Owner shall furnish evidence tt~ financial arrangemeats have been made to litlfili the Owner's obligations under tl~ Agreement 4.4 The Owner shall designate a represenlative authorized to act on lhe Owner's behalf with respect to the Project The Owner or such authorized representative shall render decisions in a timely manner pertaining to doeumeats submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. Page 4 of 8 gServer-pdcX~DSS_dataL.~eception[st~iryXDenton~ake Forest Park\GENERAL CONDITIONS-ARCHITECT-ENGINEER. doc 4,5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and Iine~ of streets, alleys, pavements and adjoining property and stmctm~s; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. Ail the information on the survey shall be referenced to aproject bench, mark. 4.6 Where applicable, We Owner shall furnish the services ofg~technical engineers when such services are requested by the Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, gxound corrosion and sistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Projeat and are requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services. 4.7 When not a part of the Additional Services, the Owner shall fumish structural, mechanical, chemical, air and wa~ pollution tests, tests ofhazardons materials, and other laboratory ' · · and enwronmental tests, mspeCaons and mpom required by law or the Contract Documents. 4.8 The Owner shall finnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including anditing services the Owner may require to verify the Contractors Applieations for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be famished at the Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and eompleteness thereof in the absence of any negligence on the part of the Design Professional. 4.10 The Owner shall give prompt wrilten notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not te request cerlffications that would require knowledge or services beyond the scope of the Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 CONSTRUCTION COST DEFINED 5.i.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional. 5.1.2 The Cons~uetion Cost shall include the cost at current market rates of labor and maferials furnished by the Owner and equipment designed, specified, salected or specially provided for by the Design Professional, plus a reasonable allowance for'the Contractor's overhead and profit. In addition, a reasonable allowance for con- tingencies shall be included for rragket conditions at the time of bidding and for changes in the work during construction. 5.1.3 Construction Cost does not include the compensation of.the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimaes of Construction Cost and detailed"estimates of Construction Cost prepared by the Design Professional represent the Design Professional's best judgmeat as a design professional familiar with the consmietion industry. It is recognized, however, that neither the Design Professional nor the Owner has COntrol over the cost of labor, mal~rials or equipment, over'the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary f~om the Owners Project budget or fi.om any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.;2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment cfa Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contra~ Documents alternate bids to adjust the Construction Cost to the fixed limit. .... · · . for Consm~ction. Ftxed inmts, if any, shall be increased m the mount of an mCTeaSe in the Contract Sum oceuMng aRer execution of the Contact 5.23 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Conswaotion Cost shall be adjusted to reflect changes in the general ' ' of the Construction Documents to the Owner and the date on which proposals are sought level of prices m the construction industry between the date of submission ARTICLE 6 OWNERSHIP AND USE OF DOCUME~S 6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project am instmmems of the Design Professional's service and shall become the property of the Owner upon termination or completion of the Agreement The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to this Project, and Owner's use of such documents in other projects shall be at Owaer's sole risk and expense. In the event the Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design Professional is released fi.om any and all liability relating to their use in that project 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in Connection with the Project is not to be con~'trued as publication in derogation of the Design Professional's reserved rights. Page 5 of 8 \\Server-pdcLDSS_dataW, ecoptionistxcity~Denton~Lake Forest Park\GENERAL CONDITIONS-ARCHITECT-ENGINEER.doc ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONM]ENT 7.1 The Design Professional may terminate the Agreement upon net less th~n thirty days writ~n notice should the Owner fail substantially to perform in accordance with the terms of the A~'ecment through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thim/' (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shalI cease immediately upon Design Professional's receipt of such notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it s~sfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. Ali plans, field surveys, and other dam related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner in a reasonably organized form. of services on the Project, Design Professional shall cooperate in providing information. Should Owner subsequently con,'act with a new Design Professional for continual:ion 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to pmvida for expenses incurred in the interruption and resumption of the Design Professional's services. abandoned.7.3 The Agreementlfthe ProjectmaYisbe terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently notice, abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written 7.4 Fallme of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial non- performance and cause for termination. 7.5 ff the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, smpend performance of services under the Agreement 7.6 In the ' ' tennination~vent oftermmatton not the fault of the Design Professional, the Desi~ Professional shall be comper~sated for services properly and satisfactorily performed prior to ARTICLE 8 PAYMEhrI'S TO THE DESIGN PROFESSIONAL 8.1 DIRECT PERSONNEL EXPENSE 8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professlonal's personnel engaged on the Project and the portion of the cost of their mandatory and enstomary contributions and benefits related thereto, such as employment t~xes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 8.2 RE13~URSABLE EXPENSES 8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incun~d by the Design Professional and Design Professional's empIoye~s and consultants in the int~est of the Project, as identified in the following Clauses. 8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-or-town travel; long-distance communications; and fees paid for securing approval ofanthorities havingjurisdiction over the Project. 8.2.i.2 Expense of reproductions (ex,pt the reproduction of the sets of documents referenced in Subsection 2.6.19), po~tage and han01ting of Drawings, Specifications and other doenmen~ 82.1.3 If authorized in advance by the Owner, expense of overdme work requiring higher than regular rates. 8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. 82.1.5 Expense of computer-aided design and dra_~g equipment time when used in connection with the Pr°Jeer_ 82.1.6 Other expenses that are approved in advance in writing by the Owner. 8.3 PAYMEI~S ON ACCOUNT OF BASIC SERVICES 8.3.1 Payments for Basic Services shall be made monthIy and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 2 of the A~reement and the schedule of work. 8.3.2 If and to the ex-'tent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement, 8.3.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or othera, ise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Cons~'uetion Cost or de[ailed estimate of Construction Cost for such portions of the Project 8.4 PAYMEI~rS ON ACCOUNT OF ADDITIONAL SERVICES 8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbumable Expemes shall be made monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred. ' 8.5 PAYMEI~I'$ WlTHi-IELD No dadu~ons shall be made from the Design Professional's compensation on aceou~t of penalty, liquidated damages or other sums withheld from payments to conlractors, or on account of the cost of changes in the work other than those for whi~ the Design Professional is responsible. Page 6 of 8 \\Server-pdc~)SS_data'0~eceptioulst\eityXDenton~L~ke Forest Park\GENERAL CONDITIONS-ARCHITECT-ENGINEER.doe 8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS De. sign Professional shall make available to Owner or Own~s authorized r~rescntative records of Reimbmsablc Exp~nses and expenses pertairdng to Additional Sorvi¢~ and services performed on the basis of a multiple of Dire~t Personnel Expense for inspection and copying during regular business houm for three years after the date of the final Certificate of Payraent, or until any litigation related to the Project is final, whichever date is la~cr. ARTICLE 9 INDEMNITY 9.1 The Design Professional shall inderanify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability, cIaims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers, shareholders, agents, or employees in thc execution, operation, or perforrnanee of the Agreement. 9.2 Nothing herein shall be construed ~ cr~te a liability to any person who is not a party to thc Agreement, and nothing herein shal! waive any of the parties' both at law or equity, to any clalra, cause of action, or litigation filed by anyone not a party to the Agrecment~ including the defons¢ of governmental immunity, which defenses are hereby ~xpreasly reserved. ARTICLE 10 INSURANCE During the p~orman¢¢ of the Services under the Agreement, Design Professional shall maintain the following insurance with an lusuran¢¢ company licensed or a,,thorized ~o do business in the State of Texas by the State lnsuran~ Commission or any s~ccessor agency that has a rating with Best Rate Carriers of at [¢est an A- or above: 10A Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for ea¢l~ occurrence and not less than $2,000,000 in the aggregate, and with property damage limits o£~ot less than $100,000 for each occurrence and not less than $250,000 in the aggregate. 10.2 A~tomobil¢ Liability Insurance with bodily injury limits of not less than $$00,000 for each person and no~ less than $$00~000 for each accident, and with propcwty damage limits ognor less than $100,000 for r. aeh accident. 103 Worker's Compensation Insurance in aceordance with statutory req~iremonts and Employers' Liability tnsuranc~ with limits of not less than $I00,000 for each accident including occupational disease. ' 10.4 Professional Liability Insurance with limits ognot less than $1,000,000 ann~al aggrcgate~ 10.5 The Design Pro~cssional shall furnish insurance ce~ificates or insurance policies to the Owner evidencing insurance in compliance with this Article I0 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers' Compensation policy shall co,rain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the change or ~ancellation, furnish Owner with substitute certificates ofins,,rance meeting the requirements of this Article 10. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 The Agreement shall he governed by the laws of the State of Texas. Venue of any s~it or eans¢ of action under th~ Agreemen~ shall lie exclusively in D~nton County, T~xas. 11.2 The Ownc~ and Design Professional, respectively, bind themselves, their partners, sueccssors, assigns and legal representatives to the other party to this Agreeracm and to ~he partoers, successors, assigns and legal representatives ag such other party with respect to al~ covenants of this Agreemcnt~ The Design Professional shall not assign its interests in the Agr~ment without the writlcn consem of the Owner. 11.3 The term Agreement as used herein includes the exeeu~ed Agreement, the Proposal, these General Condi~ion~ and other attachments refer~ccd in Section 3 of the Agreement which together represent the enth'¢ and in, grated agreemen~ between the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral The Agr~ment may be amended only by writ~l ~wurn~nt signed by both Owner and Design Professianal. When interpreting the Agreement the executed Agreement. Proposal, these General Conditions and the other atmchmants referenced in Section 3 o£ the Agreement shall to thc extent that is reasonably possible be ~ so as to harmonize the provisions. However, should the provisions of these documents be in ~nflict so that they can not be reasonably harmonized, such docurncn~ shait be given priority in thc following order: 1. The executed Agreement 2. Attachmen~ referenced in Section 3 ogth¢ A~'eernent other than the Proposal 3. These General Provisions 4. The Proposal 11.4 Nothing contained in the Agreement shall create a contractual reI~tiouship with or a cause of action in favor of a third party against e~er the Owner or Design Professional. 11.~ ' ' ' · - Upon receipt of prior waY. eh approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs of the ext~or and interior, among thc Design Professional's promotional and professional martials. The Design Professional's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific Jnformatinn considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional ' · - credit for thc Design Professmnal on thc consixuction sign and in the promo(ional martials for thc Project. 11.6 Approval by the Owner shall not constitute, nor be deemed a release or,he responsibili~ and ilabili~y of thc Design Professional, its employees, associates, agan~s, sabonntraetors, and subconsuitants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Owner for any dofect in the design or o~hcr work prepared by the Design Professional, its ernployecs, subcontractors, agents, and consultants. Page 7 of 8 ~\Server-pdc\DSS_data~Receptionist\eity\Denton\Lake Forest Park\GENERAL CONDITIONS-Ag. CHIlECT-ENGINEER. doc ! ! ! t I I 11.7 Ali notices, communications, and reports required or permitted ander the Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein. All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three O) days after mailing. 1t.8 If any provision of the 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 the Agreement and shall not cause the remainder to be invalid or unenforceable. In such eveat; the parties shall reform the Agreement to replac~ such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of ~he stricken provision. 11.9 The Design Professional shall comply with ail federal, state, and local Iaws, roles, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. 1L10 In performIng the Services required hereunder, the Design Professional shall not discrimInate against any person on the basis of race, color, religion, sex, national origin or ~acestry, age, or physical handicap. 11.11 The captions of the Agreement ate for informational purposes only, and shall not in any way affect the substantive terms or conditims of the Agreement. Page 8 of 8 \\Server-pdc'~DSS_dalaLR. eceptionist\city~Denton\Lake Forest Park\GENERAL CONDITIONS-ARCHITECTbENGINEER.doc May20,2004 Mr. Bob Tickner Parks & Recreation Department City of Denton 321 East McKinney Street Denton, Texas 76201 Dear Mr. Tickner: We appredate the opportunity to submit this scope of services for design development and preparation of construction documents for Lake Forest Park. Dunkin Sims Stoffels, Inc. (DSS) will serve as the primary consultant for this project. Other professional firms will be employed by DSS to complete the scope of work; including, Nathan D. Maier Consulting Engineers, to conduct the on-site topographical and existing conditions surveys and preparation of civil engineering documents and an architectural firm, acceptable to the City, wilt be retained if master planned facilities include arch/tectural structures. The following scope of services outlines the professional services to be performed in association with the design development and preparation of construction documents for Lake Forest Park. SCOPE OF SERVICES Exisdng Conditions/Base Map DSS obtained information concerning the existing site conditions, existing infrastructure, proposed infrastructure improvements, city topographical maps, as well as, other pertinent data readily available through the various City Depatttuents during preparation of the Lake Forest Park Master Plan. The above outlined information was used to prepare a base map which w/ll be used in design development and the preparation of construction documents. For preparation of construction documents a survey crew will conduct on-site surveys of all portions of the Park where it is deemed prudent to obtain accurate data reflecting the elevational and spatial position within areas where desired facilities are to be constructed. Fees for the inclusion of the on-site surveys will be included in the consultant's professional fee. Final Master Plan The final master plan which was developed with input from City Staff, The Parks and Recreation Board, City Council and two public meeting held at the Lake Forest Commtmity Center w/Il be reviewed for the purpose of selecting the Phase I Development Elements. 9603 White Rock Trail, Suite 210 Dallas, Texas 75238 Design Development Phase Following review of the fi_ual master plan and upon receiving written authorization from City Staff the consultant team will begin preparation of the construction documents by further analyzing those elements to be incorporated within Lake Forest Park - Phase I and proposing refined design recommendations and solutions for additional review and comment by City Staff. Detailed opinions of probable cost for the construction of proposed elements will be prepared. These opinions of probable costs may impact construction phasing of the proposed elements and which elements are to be incorporated into the initial phase of construction. Construction Documents and Specifications Construction documents and specifications wil/be prepared for those park elements included within the first phase construction as determined jointly with City Staff and the Parks and Recreation Board. The construction plans and specifications shall be submitted for review by City Staff. Following Staff review the construction documents shall be refined to address any comments and concerns noted by City Staff. A final opinion of probable cost will be prepared for submission with the construction documents. Bidding Phase After receiving written authorization from City Staff to proceed with project bidding the Consultants will: · Prepare addenda, as necessary, to interpret and clarify the bidding documents. Consult with City Staff to make determinations regarding the acceptability of substitute materials and equipment proposed by bidders, when substitution prior to the award of contracts is allowed by the bid documents. · Assist the City in receiving bids, Analyze the bids and make a written recommendation to the City for awarding a contract. Construction Review The Consultants will perform the following professional services during construct/on of the facilities: · Consult and provide advice ro the City. · Preparation of elementary and supplementary sketches required to resolve field conditions. Approval of submittals and shop drawings submitted by the Contractor for conformance with the design concept. The consultant shall make periodic site visits (one per month, minimum) to determine if the project is proceeding in accordance with the contract documents. This shall not involve exhaustive or continuous on-site inspections to check the quality or quantity of work or materials. The consulting team shall not be responsible or liable for the Contractor's failure to perform the construction work in accordance with the contract documents. Review ail certificates for payment submitted by the Contractor and make appropriate recommendations for approval of pay requests. Prepare Change Orders for the City's approval and execution. Coordinate final site walk through with the City at the conclusion of construction and provide a punch list to Contractor of items to be corrected and/or completed. Conduct final inspection review to verify that punch list items have been completed. Compensation to Consultant The consultants' total fee for the services outlined within this proposal is divided into two distinct tasks as follows: Construction Documentation The professional services fee for the preparation of design development and construction documents as outlined in this proposal is $32,100.00 and is based upon a construction budget of $387,000.00. On-Site Topo~apkic Survey The estimated professional services fee for the preparation of the on-site survey associated with Phase I plans is $25,000.00 Billing for professional services will be submitted monthly and will be due and payable upon receipt. Reimbursable Expenses Reimbursable expenses include, but are not limited to, the following: P..r~..t~..g/.reproduction and photocopying charges, delivery/courier and mailing expenses. DSS will bill direct reimbursable expenses to the City at their actual incurred cost. We recommend that the City budget $5,000.00 for reimbursable expenses. Additional Design Services DSS will provide design services not identified in this scope of services upon receipt of authorization from the City. We propose that additional services be provided on an hourly rate basis with a mutually agreed "not to exceed" tonal. For additional services the following hourly rates shall be used: Principal Landscape Architect CADD Technician Technical Support Clerical Support $t05.00 per hour $ 90.00 per hour $ 75.00 per hour $ 50.00 per hour $ 25.00 per hour Such additional services might include the following: Design Additional design services beyond those identified in the scope of services. Any design changes following the preparation of the construction documents xvili be considered an additional service and DSS will bill the City for the resultant changes to the construction documents and for increased services at the hourly rates outlined above. · Construction Preparation of Change Orders as required/requested which expand the original scope of ser~ces. Preparation of Alternates The Consultant's fees are based upon the total dollars allocated for construction of the project (construction budget). The Consultant will prepare an opinion of probable cost for construction. This estimate will be based on the design development phase of the project. Should the City request design alternates be prepared for bidding, the consulting team will invoice the City, in addition to the original contract mount, the agreed percentage of construction cost for preparation of plans, construction documents and specifications for the alternates. The agreed percentage shall be applicable to the amount that the alternate construction costs exceed the primary construction budget on which the consultants fees were originally based. Additional Services The following services can be provided in addition to the Basic Design Services. DSS cannot provided fixed fees for these items, however a recommended budgetary amount has been stipulated for each service. Site Plan and Final Plat The consultants will prepare a site plan and final pht for the park. These documents will be prepared according to the City of Denton's requirements for platting. We recommend the City budget $10,000.00 for this task. Geotechnical Consultants A geotechnical firm will provide soil analysis and recommendations for the construction of the various elements in the park. It is difficult, at this time, to estimate the quantity of borings required until the consulting team has completed the master plan and has a clear understanding of the elements to be included in phase I. This service will have to be authorized by the City of Denton. The services of the geotechnical consultant will be provided through the City, separate from DSS's contract. Based on our experience, we recommend the City allow $15,000.00 for geotechnical services. We appreciate the oppommity to provide you with this proposal, and we look forward to working with you on this project. If you would like ro discuss the content of this proposal or if I can be of further assistance, please do not hesitate to contact me. Sincerely, DUNKIN SIMS STOFFELS, INC. THE CITY OF DENTON Accepted And Approved By: Mayor AGENDA INFORMATION SHEET AGENDA DATE: June 15, 2004 DEPARTMENT: CM/DCM/ACM: Airport and Transit Operations Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance approving an amendment to an agreement between the City of Demon and McDonald Transit Associates, inc., dated April 16, 2002, as amended, to provide for motor carrier passenger service and to extend such agreement through September 30, 2005; authorizing the expenditure of funds; and providing for an effective date. BACKGROUND On April 16, 2002 the City of Demon emered imo a comract agreemem with McDonald Transit Associates to provide fixed route motor carrier transportation service as well as demand response transportation services for the elderly and disabled in our community. The original comract agreemem established an annual fixed sum and variable costs for the provision of passenger motor carrier services and is outlined in Exhibit A and Exhibit B of the original agreement, attached for reference. The original agreement established rates for the initial two-year contract and allowed for three one-year extensions to be emered imo should the City cominue with McDonald as the service provider. The initial two year agreement will expire on September 30, 2004 and LINK Staff has renegotiated a one year extension to the agreemem to address expanded services for the University of North Texas, expansion of the contract provisions, address cost of living increases and allow for improved benefits for LiNK employees. The proposed amendment to the agreement indicates all maintenance will now be provided through the contractor, McDonald Transit Associates. This will allow for all bus operations to be consolidated and permit LINK to relocate bus operations to Solid Waste. The proposed relocation will provide for a more efficient management of maimenance operations, provide additional parking for the expanded bus fleet and provide much needed administration offices and staff facilities for the staff of more than 70 employees that provide transportation services for the community and UNT. The proposed contract amendment calls for an increase in administrative staff to assist with planning and programming, administrative duties and accounting duties. The expansion of the duties will assist McDonald in achieving a greater level of customer service and increase LiNK's ability to leverage local funds with available gram funds, in fact, McDonald will hire the currem City funded position of Public Transportation Manager to prepare for the transition of public transportation services from the City of DeNon to the DeNon County Transportation Authority (DCTA). OPTIONS I. Approve the proposed amendment to the McDonald Transit Agreement. II. Provide staff direction with other alternatives to providing passenger motor carrier service to UNT. RECOMMENDATION Staff recommends the approval of the proposed contract amendment. ESTIMATED SCHEDULE OF PROJECT The proposed amendment will permit for maintenance services to initiate immediately, June 15 2004, however, the primary contract agreement will be effective October 1, 2004 through September 30, 2005. The Interlocal Agreement with UNT states August 1, 2004 as the effective date with service to begin August 23, 2004 continuing through August 20, 2005. It is important to note the agreement as proposed, with the exclusion of the UNT service, is comingem upon the DCTA accepting full financial responsibility for the public transportation services currently offered through the LINK System. PRIOR ACTION/REVIEW The City Attorney's Office has reviewed and prepared the proposed comract amendmem. FISCAL INFORMATION The UNT revenue hour compensation is $32.17 per revenue hour for an annual total of $1,239,505, excluding fuel charges. Total UNT expenses are covered through the aforememioned cost per revenue hour of service. The overall fixed cost for providing public transportation through this proposed agreement will be 868,108. The approximate variable cost will increase by $79,400 per year resulting in a total variable cost of 562,595. The total contract cost for the LINK System will be $1,430,703. EXHIBITS Ordinance Agreement Exhibit A & B (original agreement) Respectfully submitted: Mark Nelson Director of Airport and Transit Operations ORDINANCE NO. AN ORDINANCE APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF DENTON AND MCDONALD TRANSIT ASSOCIATES, INC. DATED APRIL 16, 2002, AS AMENDED, TO PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE AND TO EXTEND SUCH AGREEMENT THROUGH SEPTEMBER 30, 2005; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 16, 2002 the City and McDonald Transit Associates, Inc. ("Company') entered into that certain Agreement to Provide Services for Passenger Motor Career Transit System which was mended in part, providing for the operation of a Passenger Motor Carrier Transit System for the City of Denton, Texas which agreement has been subsequently amended several times (the "Agreement"); and WHEREAS, the City and the Company desire to further amend the Agreement to provide for vehicle maintenance responsibilities for the Company and to extend the Agreement through September 30, 2005 (the "Amendment"); and Wqq]EREAS, the City Council hereby finds that the Amendment is in the public interest; 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 City Manager or his designee, is hereby author/zed to. execute the Amendment on behalf of the City and to carry out the City's rights and duties under the Amendment including the expenditure of fimds as provided for therein. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ., 2004 ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: BY: -- Page 2 AMENDMENT AND EXTENSION OF AGREEMENT TO PROVIDE SERVICES FOR PASSENGER MOTOR CARRIER TRANSIT SYSTEM WITH MCDONALD TRANSIT ASSOCIATES, INC. THIS AGREEMENT is made as of the Effective Date set forth below by and between the City of Denton (the "City") and McDonald Transit Associates, Inc. a Texas Corporation (hereinafter referred to as "Company"). WHEREAS, on April I6, 2002 the City and the Company entered into that certain Agreement to Provide Services for Passenger Motor Carrier Transit System which has been amended in part several times, providing for the operation of a Passenger Motor Carrier Transit System for the City of Denton, Texas (the "Agreement"); and WHEREAS, the initial term of the Agreement is due to expire on September 30, 2004 and the Agreement authorizes three annual extensions; and WHEREAS, the City and the Company desire to further amend the Agreement and extend the Agreement for an additional year and to provide that the Company will assume the maintenance of the vehicles under the Agreement and to provide for additional expenditures; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereby agree as follows: and agreements The Agreement is hereby extended through September 30, 2005. Article VII of the Agreement is hereby amended in part to read as follows: "Effective June 15, 2004 the Company shall provide all vehicle maintenance that is necessary for the operation of the Transit System." Article VI of the Agreement is hereby amended in part to read as follows: The Fixed Sums shall be increased to compensate the Company as follows: For the remainder of this fiscal year through September 30, 2004 the Fixed Sum will not be increased for vehicle maintenance. However, during that time period the City will pay for the Company's facility lease at the City's Solid Waste Facility. For October I, 2004 through September 30, 2005 the Fixed Sum shall be increased for vehicle maintenance by $26,655 per month, or $319,860 per year. c. For October 1, 2004 through September 30, 2005 the Fixed Sum shall be increased by $9,116 per month, or $109,392 per year for costs of a transit planner, administrative assistant, account clerk, two supervisor vehicles, and a downward adjustment for TML insurance. ' For October 1, 2004 through September 30, 2005 the variable costs in Exhibit B shall increase by $79,400 per year for costs of covering remaining medical portion and the cost of increasing operator compensation. The vehicle fuel provided by the City for operation of LINK services will be a cost of the transit system. 4. The Company and City have entered into an Interlocal Agreement with the University of North Texas ("LINT") dated November 5, 2002, which was subsequently amended several times with the most recent amendment being contemporaneous with this Agreement (the "UNT Agreement"). Under the U~NT Agreement the City and Company are compensated by UNT based on an mount per revenue hour of service provided to UNT. The LINT revenue hour compensation is $32.17 per revenue hour for an annual total of $1,239,505.00. Effective June 15, 2004 the entire LINT revenue hour compensation shall be paid to the Company. 5. The extension of this Agreement as of October 1, 2004, except for the services provided to UNT, is contingent upon the City receiving full local match funding from the Denton County Transportation Authority ("DCTA"). The City may terminate this Agreement or amend the Agreement to provide for UNT service only, upon 30 days written notice to the Company should the City not receive such funding from DCTA. 6. Ali other terms and conditions contained in the Agreement that are not expressly amended or changed by this instrument shall remain in full force and effect. SIGNED effective as of the (the "Effective Date"). day of ., 2004 CITY OF DENTON, TEXAS By: Michael A. Conduff, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Page 2 of 3 C :kD~xai~.tla a.~ S~:lliag~babbitt~Loea! Setting\Terra,colin5' Internal Filt:$;I3LK43 AkI~Do rlald A m~n dmgnt-gIFJ4- n~ut~ nan ~ ~ -5 ,DOC APPROVED AS TO LEGAL FORM: HERBER~ORNEY BY: ~ ' - ~" MCDONALD TRANSIT ·By:ASSOCIATES/ ~~'~. s ER~T. B~(BI~I"I'T IDENT Page 3 of 3 C:~ommen~ a~ ~t~.ugz¥oa~i~Le~ 8ek0ag~\Tampr~taB, I~temet FiI~OLK 43 A~V/cDon alit Amen ~al e nl-2(ll)-l-maint¢ r, an ~ -5~ DOC EXHIBIT "A" City of Denton- Transit Budget (Fixed Costs) Transportation Management Services Cost Category Year 1 Year 2 Year 3 Year 4 Year 5 1. Management, Administrative, and $135,058 $180,473 $183,941 $190,379 $197,042 Supervisory Wages and Benefits: These costs provide for the salary and connected fringe benefits of the dispatchers, supervisors, and clerical employees associated with the provision of transit services. 2. Office Supplies, Materials and Equipment: $4,800 $4,968 $5,142 '$5,322 $5,508 This line item will pay for expenses associated with the provision of needed office supplies for the collective administrative functions for transit operations. 3. Services: This line item will provide for $26,200 $27,117 $28,066 $29,048 $30,065 payroll service, internal audit functions, internal legal assistance, marketing efforts to include special campaigns outside those provided by the City of Denton, and printing cost associated to the management and operation of transit services. 4. Insurance Premiums & Deductibles: Will $86,480 $90,804 $95,344 $100,111 $105,117 provide for the specified and required limits of insurance pertaining to the operation and management of the transit system. This will include all premiums for General Liability, Property Damage, auto Liability, Worker's Compensation for administrative personnel and Professional Error & Omissions coverage. 5. Leases and Rentals: Will pay for rented $1,200 $1,242 $1,285 $1,330 $1,377 items not provided for under the capital grant program. Since it is assumed that most of the computer hardware, sof~ware and supplementary office equipment such as phones, copier, printer and fax machine will be provided through the normal capital grant process, we are placing a limited amount of rental/lease expense into the fixed fee for transit management and operation. 6. Other Fixed Expenses: Will include all $2,500 $2,588 $2,678 $2,772 $2,869 costs associated to providing travel and dues , membership of the Local Operations Manager. EXHIBIT "B" City of Denton- Transit Budget (Variable Costs) Transportation Maniigement Services Variable Costs Year 1 Year 2 Year 3 Year 4 Year 5 1. Driver Wages & Benefits $425,755 $443,523 $447,403 $463,124 $479,395 2. Training $11,472 $12,793 $13,240 $13,704 $14,183 3. Uniforms $2,550 $2,846 $2,946 $3,049 $3,156 4. DOT Physicals and Drug Screens $2,550 $2,857 $2,857 _~ $2,9_5~7_ $3,060 5. Maintenance Services $50.0 $518 $536 $554 $574 6. Miscellaneous Materials & Supplies $15,356 $16,052 $16,213 $16,780 $17,368 Total Variable Costs $458,183 $478,589 $483,195 $500,168 $517,736 AGENDA INFORMATION SHEET AGENDA DATE: June 15, 2004 DEPARTMENT: CM/DCM/ACM: Airport and Transit Operations: Jon Fortune, Assistam City Manager SUBJECT Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute an interlocal Agreement between the City of Denton, the University of North Texas and McDonald Transit Associates, Inc. to provide for motor carrier passenger service for UNT studems, staff and faculty; and providing for an effective date. BACKGROUND The University of North Texas (UNT) cominues to face increasing demand on parking services and bus service for those studems who live off campus, in 2002 UNT approved a transportation fee as part of the standard fees and tuition for each student and began collection of this fee for the Spring 2003 semester, in July of 2003 the City of Demon expanded the shuttle bus service contract with UNT to provide expanded passenger service to include all bus service for the university including, campus circular routes, off campus routes, inter-campus routes and charter services. While UNT continues to experience growth in enrollment and expansion of campus facilities, bus service at the university has experienced a significam increase in popularity and ridership. With this understanding, UNT Parking and Transportation officials approached LINK staff with a request to expand the current level of bus service for both on campus circulars as well as routes serving a number of new studem housing complexes on and adjacent to the campus. The current contract provides for approximately 25,000 hours of service and is estimated to generate just over one million passenger rides for the 2003- 2004 school year. The proposed expansion of the comract calls for 38,526 hours of service and will provide additional capacity that will generate additional ridership. The proposed expansion of bus service will reduce the number of vehicle trips to campus and through the city, thus reducing traffic congestion and air pollution in the community. In working with McDonald Transit, LINK System operator, it was determined the City of Denton could amend and expand the interlocal agreement with UNT and amend the current contract with McDonald to provide the proposed expansion in service. UNT would be responsible for providing operating expenses to the City for the proposed service. UNT will also provide the local match portion for federal funding to acquire transit vehicles through Dallas Area Rapid Transit (DART). This will allow UNT the opportunity to leverage funding via gram mechanisms available through the LiNK Public Transportation System. LINK Staff has identified 15 qualified vehicles DART recently pulled from service due to a reduction in service hours. The vehicles, 2001 and 2002 Champion Buses, are 30 passenger vehicles designed for seven-year service life. These vehicles will replace six 1986 and 1987 Flxible buses purchased from the Fort Worth T in November 2002 which were acquired to initiate service with UNT in January 2003. The fifteen new buses will result in a total peak hour fleet mix, LINK service and UNT service, of 32 vehicles. The expanded service contract will reestablish Monday through Friday service hours as 7:15 AM to 10:30 PM and night service from 5:30 PM to 2:30 AM Sunday through Thursday. OPTIONS Approve the proposed Interlocal agreement for UNT expanded service in its current form. II. Provide staff direction with other alternatives to the proposal. RECOMMENDATION Staff recommends the approval of the proposed agreement for expanded bus service. ESTIMATED SCHEDULE OF PROJECT Interlocal agreement would become effective August 1, 2004 to begin the equipment acquisition and refurbishment process. Expanded bus service will begin August 23, 2004 and continue through August 20, 2005. PRIOR ACTION/REVIEW The City Attorney's Office reviewed and prepared the proposed agreement. UNT's Legal Counsel has approved the proposed agreement. FISCAL INFORMATION The agreement requires UNT to provide the City up to $285,000 to be used for the acquisition of a minimum of fifteen (15) Champion transit buses from DART. A sum not to exceed $75,000 is also included in the agreement to be applied to minor interior refurbishment and exterior painting and markings for the proposed vehicles. Furthermore, the agreement will require UNT to remit a monthly payment to the City for the operating expenses for the proposed service. The cost per hour to operate the proposed service is $32.17. This cost per revenue hour excludes the price for fuel which will be billed on a trailing month basis on a direct pass through cost to UNT. EXHIBITS Ordinance Agreement Exhibit A Exhibit B Respectfully submitted: Mark Nelson Director of Airport and Transit Operations S:\Our Documents\Ordinances\04Xlnt~rlocal-UNT-Bus Service 2004-05~doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, THE UNIVERSITY OF NORTH TEXAS AND MCDONALD TRANSIT ASSOCIATES, INC. TO PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE FOR UNT STUDENTS, STAFF AND FACULTY; AND PROVII)ING FOR AN EFFECTIVE DATE. WHEREAS, the University of North Texas ("UNT") and the City of Denton have previously entered into an Interlocal Agreement dated November 5, 2002 which was subsequently amended on July 16, 2003 (the "Existing Agreement") to provide motor carrier passenger service for LINT students, staff and faculty, and WHEREAS, on April 16, 2002 the City and McDonald Transit Associates, Inc. ("McDonald") entered into that certain agreement to provide services for passenger motor carrier service which was subsequently amended several times (the Transit Agreement") which transit services are operated under the name of "LINK"; and WHEREAS, the City, UNT and McDonald desire to enter into a new Interlocal Agreement which will supercede t_he Existing Agreement, to the extent of conflict and amend portions of the Transit Agreement, in substantially the same form as the Interlocal Agreement attached hereto and made a part hereof by reference; and WHEREAS, the City Council finds that the Interlocal Agreement is in the public interest; NOW, THEREFOR; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of tlfis ordinance are incorporated herein by reference. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Interlocal Agreement on behalf of the City and to exercise the City's rights and duties under the Interlocal Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ., 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBER~3Ty~_~ATT ORNEY BY: ~ - .-~t ~~ Page 2 INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into to be effective the 1st day of August, 2004 (the "Effective Date"), by and between the City of Denton, Texas, a Texas municipal corporation, hereinafter referred to as City, University of North Texas, a Texas State University, hereinafter referred to as UNT and McDonald Transit Associates, Inc. a Texas Corporation, hereinafter refen'ed to as McDonald. WHEREAS, on April 16, 2002 the City and McDonald entered into that certain agreement to provide services for passenger motor carrier service which has been amended and extended (the Transit Agreement") which transit services are operated under the name of "LINK"; and WHEREAS, on November 5, 2002 the City and UNT entered into that certain Interlocal Agreement which was subsequently amended on July 16, 2003 (the "Existing Interlocal Agreement") for the City, through LINK, to provide certain bus services to UNT (the "Existing UNT Bus Service"); and WHEREAS, the City, UNT and McDonald desire to enter into this agreement (the "Agreement") to amend and extend bus service for UNT; and WHEREAS, all payments for services under this agreement are made from current revenues of the paying party and fairly compensate the performing party for the services provided for herein; and WHEREAS, this Agreement is in the public interest; NOW, THEREFORE, the City, UNT, and McDonald in consideration of the mutual covenants hereinafter expressed, agree as follows: ARTICLE ONE The term of this Agreement shall commence as of the Effective Date and shall expire on the 20th day of August, 2005. Except for the funding for the additional buses as provided for in Article Two, this Agreement may be terminated by the City or UNT upon a 90 day advanced written notice to the other party and McDonald. ARTICLE TWO 2.0 This Agreement is conditioned upon the City's acquisition of 15 buses from the Dallas Area Rapid Transit System ("DART") which buses are more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Additional Buses"). 2. t The City is in the process of acquiring the Additional Buses from DART through an Interlocal Agreement which calls for funding through a federal grant by DART requiring local matching funds in the mount outlined Exhibit "A" (''Local Match"), but not to exceed $285,000. LINT shall pay the City the Local Match no later than August 2, 2004 (the "Payment Date"). UNT reserves the right to obtain the Local Match from other sources including without limitation the Denton County Transportation Authority ("DCTA"). However, this shall not delay the Payment Date. Should funding from another source occur after the Payment Date UNT may retain such funds as reimbursement for its payment of the Local Match. In addition to the Local Match payment UNT shall pay the CITY $75,000 no later than August 2, 2004 which will be used by the CITY for the initial repairs and maintenance to make the Additional Buses ready to be placed in service. Should the CITY subsequently sell the Additional Buses UNT will be reimbursed any revenues generated by such sate. 3.0 ARTICLE THREE Under the Transit Agreement with the City, McDonald and City ("LiNK") shall provide bus transportation services to UNT that meet the following requirements: a. A total of 38,526 annual revenue hours will be provided UNT for scheduled fixed route services at a cost of $32.17 per revenue hour, for a total of $1,239,381 shall be paid to LINK by UNT. Additional revenue hours may be added or deleted with reasonable written notice to City and McDonald as long as the total does not exceed 25% of the original annual revenue hour total. In addition to the monthly amount due per revenue hour, UNT shall reimburse to the CITY the actual fuel costs for the services provided under this Agreement. Such fuel costs will be invoiced to UNT on a trailing month basis for the cost of fuel used for service during the prior month. b. An indeterminate number of revenue hours shall be provided LINT for prearranged summer charter service at the same rate as outlined in 3.0 b above. All such scheduled hours wilt be added or deleted with reasonable notice to City and McDonald. The summer bus service in effect under the Existing Interlocal Agreement will be maintained until August 20, 2004. c. Fall and spring circulator service will consist of seven day routes and one night route as more particularly described in Exhibit "B" attached hereto and made a part hereof by reference. Day service hours will be 7:15 a.m. until 10:30 p.m. Monday through Friday. Night service will consist of one mute Sunday through Thursday operating 5:30 p.m. until 2:30 a.m. Fall and spring service will be based on a 77 day fall semester and a 79 day spring semester. There will be no service during LINT holidays, Saturdays, spring break or during spring mini- mester. Page 2 C'kDocuraents and Settingskrbabbitt\Local Settings\Temporary Interact Ftles\OLK43A\UNT-Bus Serwces-2004~05(SM26~04).DOC d. Summer service will consist of two campus routes operating from 7:30 a.m. until 5:30 p.m. Monday through Thursday utilizing three vehicles. Summer service will be based on a 49 day semester and as provided in Exhibit "B". e. Express Route service will consist of three routes operating from 7:15 a.m. until 10:30 p.m. Monday through Thursday utilizing three vehicles. Express Route will only be offered during the fall and spring semesters and not during the summer service or mini-mester and as provided in Exhibit "B". f. Occasional charter and special event service limited to official UNT sponsored events may be provided on an equipment availability basis. A minimum of 48 hour notice must be provided to Link to provide such service. 3.1 In order to assure the delivery of transit service in a quality manner, consistent with the objectives of UNT and LINK, the following performance guidelines will be adhered to. These performance guidelines will be reviewed periodically throughout the term of this Agreement and are subject to revision by mutual agreement of the parties. a. The LINK service will have a 90% on time efficiency. An on time trip is one that is 0 minutes early and no more than 5 minutes late. b. The LINK service will have no more than 5% missed trips. A missed trip is one that is not completed in its entirety or is more than 15 minutes late. c. All complaints will be acted upon within 24 hours of receipt by LINK. UNT wilt take the complaint calls from the customer and transmit them to LINK. LINK will contact the customer within 24 hours of receipt by it of the complaint and submit the record of disposition to UNT within 48 hours of receipt. d. LINK will maintain, and provide UNT upon request, a report of alt accidents associated with the Link service under this Agreement. A vehicle accident rate of four or less accidents per 100,000 miles of service will be maintained by LiNK. An accident is defined as any event involving LINK service under this Agreement causing $1,000 or more in personal injury or property damage. e. LiNK will provide adequate preventative maintenance of vehicles under this Agreement, which will include the completion of all scheduled maintenance inspections within 700 miles, before or after, the scheduled time for maintenance. ARTICLE FOUR LINK shall furnish all bus operators, dispatchers, supervisors, administrative personnel and other personnel needed to provide the transit services provided for in this Page 3 C:kDocuments and SettingskrbabbittkLocal Sett~ngsWemporary lntemet Files\OLK43A\UNT-Bus Services~2004~05(5~26-04),DOC Agreement, except for mechanics which will be provided by the City. All bus operators shall be trained to operate a safe reliable service. All background checks will be conducted by Link in accordance with current policy in place for Link system drivers. Bus operators will be uniformed and present themselves in a professional and courteous manner at all times. ARTICLE FIVE 5.0 UNT has provided and will continue to provide to LINK one (1) 2001 Goshen 27 passenger air-conditioned bus and eleven (11) 2003 and one 2001 Goshen 27 passenger air~conditioned lift equipped buses. LINK reserves the right to substitute vehicles on an as needed basis without jeopardizing LINK fixed route service levels. Each vehicle will be equipped by LINK with a two-way communication system. 5.1 Each vehicle placed in service will be clean, generally free of body damage, and have alt safety items fully operational. 5.2 LINK will be responsible for maintenance of all vehicles as provided in the Transit Agreement, including tires, in such manner as to keep the vehicles in the same operating conditions and appearance in which they are received, subject to reasonable wear and tear based on the mileage and age. This maintenance includes all routine maintenance (based on manufacturer's recommendations), heavy repair, and running repairs necessary to keep LINT furnished with vehicles in a safe reliable and well-maintained condition. 5.3 UNT Police, Parking and Transportation personnel will have immediate and unrestricted access to all vehicles and all maintenance records during planned or unannounced visits. On any such visit, all UNT personnel will be required to check in with the LINK General Manager or his designee who may require that such UNT personnel be escorted. 5.4 All vehicle fuel and fueling will be provided by LINK. ARTICLE SIX LrNT will be named as an additional insured in all liability insurance policies provided under the Transit Agreement and as a loss payee for physical damage for all vehicles provided by UNT. UNT shall be entitled to a copy of the certificate of insurance evidencing this fact and City will notify UNT promptly of any changes regarding insurance. City will also provide a waiver of subrogation to UNT for all claims involving a loss for UNT under these insurance policies. McDonald shall be responsible for the payment of all deductibles for such insurance. Should any of the Additional Buses be damaged or totaled by the insurance company thc City will apply the insurance proceeds toward the repair or replacement of the Additional Buses Page 4 C.kDocuments and Settings~rbabbittkLocaI Settings\Temporary Interact Files\OLK43A\UNT-Bus Serv~ces-2004-05(5-26-04).DOC 7.0 7.1 8.0 ARTICLE SEVEN Fees paid by UNT shall be calculated based on the revenue hours at the rate as provided in Article Three. On or about the first day of September 2004 and each successive month thereafter under this Agreement, LINK shall invoice LINT for the previous month's revenue hours, cost of fuel; including, any adjustment from an increase or decrease in the prior month's actual service level. UNT shall pay all invoices to LINK within 30 days of the receipt and approval of the monthly invoice at the University's approved billing address, P.O. Box 310499, Denton, Texas 76203, At all reasonable times UNT shall be entitled to audit the records of LINK to determine that the fees are correct. However, in no event shall this provision permit LINT to withhold payment of the fees. If it is found that LINT was overcharged UNT shall be entitled to receive the anmunt of overcharge with interest at the maximum rate allowable by law. ARTICLE EIGHT This Agreement represents the entire and integrated agreement between City and UNT and supersedes all prior negotiations, representations and/or agreements, either written or oral pertaining to bus services provided to UNT by LINK. This Agreement represents an amendment of the Transit Agreement between the City and McDonald and supercedes the Transit Agreement only to the extent of a conflict. The Transit Agreement will remain in full force and effect except as amended herein. This Agreement may be amended only by written instrument signed by all parties. 8.1 It is understood and agreed by the parties that if any part, term, or provision of this contract is held by the courts to be illegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular part, term, or provision held to be invalid. ARTICLE NINE The Director of Police, Parking & Transportation for UNT and the Assistant City Manager for Public Safety and Transportation Operations for City may enter into memorandums of understanding to adjust/niodify/create appropriate bus routes, stop locations, hours of service, operating policies, etc. Such delegation does not include the setting or adjustment of the hourly revenue rate. Page 5 C'\Documents and Settmgs~rbabbitt\LocaI Settings\Temporary Intemet FileskOLK43A\UNT~Bus Serwces~2004~05(5-26-04) DOC ARTICLE TEN Chapter 2260 of the Texas Government Code establishes a dispute resolution process for contracts involving goods, services and certain types of projects. The parties must use the statutory dispute resolution process to attempt to resolve disputes arising under this Agreement. ARTICLE ELEVEN Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be by personal delivery; or shall be sent by registered mail or certified mail; or shall be sent by U.S. Mail, return receipt request, postage prepaid; or by facsimile to: CITY: Jon Fortune, Assistant City Manager Public Safety and Transportation Operations City of Denton 215 East McKinney Street Denton, Texas 76201 Fax No. 940.349.8596 Richard Deter, Director Police, Parking and Transportation University of North Texas P.O. Box 310948 Denton, Texas 76203-0948 Fax No. 940-369-8788 MCDONALD: Robert T. Babbitt, President McDonald Transit Associates, Inc. 4500 Mercantile Plaza Drive, Suite 307 Fort Worth, Texas 76137 Fax No. 817.232.9560 Notice shall be deemed to have been received on the date of receipt as shown on the return receipt or other evidence of receipt. Signed as of the Effective Date as provided above. Page 6 CSDocuments and SettingsXrbabbitt\Local Settings\Temporary Internet FiIes\OLK43A\UNT-Bus Services-2004-05(5-26-04).DOC CITY OF DENTON, TEXAS BY: ATTEST: JENNIFER WALTERS, CITY SECRETARY MICHAEL A CONDUFF CITY MANAGER BY: APPROVED AS TO FORM: HERBE~TY~TTORNEY BY: '~ ' '--" /~'"- ATTEST: APPROVED AS TO LEGAL FO~M: ASSISTANT GENERAL COUNSEL By: THE UNIVERSITY OF NORTH TEXAS MCDONALD TRANSIT ASSOCIATES, INC. PRE~I~DENT Page 7 CtDocuments and Settings~rbabbittLLoeal Settings\Temporary lntemet Files\OLK43A\UNT-Bu$ Services-2004-05(5-26-04) DOC Exhibit B E D anuaa¥ ;3 e~U~AV :3 ~nue~,V EEEEEE 0'I', 3 enua~v E EE EEEEEE~E EEEE EEE EE E EEl EEEEEEE EEE~EEE EEEEEEEEEEEEEEEEEE~-~~~ ~~~~ooooooo~=~ 0oo 0~~ E EEEEE~EEE EEEEEEEEEEEEEEE~=*~=~ Z~ g anuaAV .~EEEE~EEE Route #8- Eagle Point Service to Victory Hail 20 minute route time including [ay over 3 buses In AMfor ? minute frequency 0715-1230 2 buses after 12:30 for 10minute frequency 1st bus departs Victory Hall @ 0615 Becomes part of Night Rider Route after 5:30 Oak H~ckory Stella Chestnut Hickory VICTO~YHALL North Texas BIvcL Ext. Highland ~Jr Eagle Drive Ur o TrV p-s H IEXAS GAB Wes/Hall Victory Hal! Student Rec Center EESAT Route 9 - West Congress minute route time including layover 2 buses in AMfor 8 minute Frequency bus after 12:30 for 15 minute frequency 1st bus departs Congress @ 07:15 End time 22:30 NOP, THTF_LtaS ~a V/. 0ak Maple University Union Bryan & Congress Egan & Fulton GraceTemple Ave. Wekh & Scripture AGENDA INFORMATION SHEET AGENDA DATE: June 15, 2004 DEPARTMENT: CM/DCM/ACM: Airport and Transit Operations Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance authorizing the City Manager, or his designee to execute an agreemem between the City of Demon and the Dallas Area Rapid Transit System for the City's acquisition of buses to provided for motor carrier passenger service in Demon, authorizing the expenditure of funds; and providing for an effective date. BACKGROUND To continue a beneficial transportation partnership with The University of North Texas (UNT), LiNK Staff is proposing that the City of Demon utilize it's designated recipiem status for receiving federal transportation funds to acquire addition vehicles to expand services provided for UNT studems staff and faculty. DART recemly removed approximately 50 2001 and 2002 Champion Buses from service due to a reduction in DART's service plan. The DART Board of Directors has approved the transfer of ownership for approximately 15 of these vehicles to the City of Denton. The 15 vehicles idemified in Exhibit A, have a total remaining undepreciated value of approximately $271,288. In a separate interlocal agreement, UNT has agreed to provide the funds necessary to acquire the local sponsor's share, up to $285,000, for the proposed acquisition of these vehicles as well as an addition $75,000 for make ready purposes. The acquisition of these vehicles will allow UNT and LiNK to expand bus service to meet existing and future transportation demands for UNT student, staff and faculty. The proposed acquisition will also permit LiNK to retire or put older less efficient equipment in a reserve fleet. In a separate proposed interlocal agreement between the City of Denton, UNT and McDonald Transit, UNT will remit payment to the City of Denton no later than August 2, 2004 for the acquisition and refurbishment of these vehicles. LINK will hold title to the vehicles and staff anticipates the future sale of the vehicles to the Denton County Transportation Association with all proceeds being returned to UNT. OPTIONS Approve the proposed interlocal agreement for the acquisition of the DART vehicles. II. Provide staff direction with other alternatives to the proposal. RECOMMENDATION Staff recommends the approval of the proposed agreement for expanded bus service. ESTIMATED SCHEDULE OF PROJECT Interlocal agreement would become effective no later than June 18, 2004. UNT will remit payment no later than August 2, 2004 and the City of Denton will submit payment to DART for the acquisition of the vehicles no later than August 4, 2004. Buses will be put into service August 23, 2004. PRIOR ACTION/REVIEW The City Attorney's Office reviewed and prepared the proposed agreement. DART's Legal Counsel has approved the proposed agreement. FISCAL INFORMATION A separate proposed Interlocal agreement requires UNT to provide the City of Denton up to $285,000 to be used for the acquisition of a minimum of fifteen (15) Champion transit buses from DART. A sum not to exceed $75,000 is also included in the expanded service agreement to be applied to minor interior refurbishment and exterior painting and markings for the proposed vehicles. EXHIBITS Ordinance Agreement Attachment A Respectfully submitted: Mark Nelson Director of Airport and Transit Operations S:\Our Doemnents\Ordinances\04lDART Buses.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AGREEMENT BETWEEN TIlE CITY OF DENTON AND THE DALLAS AREA RAPID TRANSIT SYSTEM FOR THE CITY'S ACQUISTION OF BUSES TO PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE IN DENTON; AUTHORIZING Tile EXPENITURE OF FUNDS; AND PROVIDiNG FOR AN EFFECTIVE DATE. WHEREAS, the Dallas Area Rapid Transit System ("DART") has offered to sell to the City of Denton buses (the "Buses'') that are no longer needed by DART with the City's obligation being to pay only the federally required matching funds (the "Matching Funds"); and WHEREAS, the Buses will be used in the City's LINK system to provide service to the University of North, Texas ("UNT"); and WHEREAS, UNT will be paying the Matching Funds for the Buses; and WHEREAS, the City and DART desire to enter into an Agreement to provide for the City's acquisition of the Buses in substantially the same form as the Agreement attached hereto and made a part hereof by reference (the "Agreement"); and WHEREAS, the City Council finds that the Agreement is in the public interest; NOW, THEREFOR; THE COUNCIL OF THE C1TY 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 City Manager, or his designee, is hereby author/zed to execute the Interlocal Agreement on behalf of the City, and to carry out the fights and duties of the City under the Agreement including the expenditure of funds provided for therein. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ., 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUT ~Y, ~TORNEY~ BY: .... ~---"~'"~ ~/'~/ - 2~'"~ Page 2 Page 1 AGREEMENT FOR SALE OF CHAMPION MODEL BUSES WHEREAS, Dallas Area Rapid Transit (DART) has certain Champion buses (BUSES) for sale; and WHEREAS, the BUSES were purchased by DART with financial assistance from the Federal Transit Administration (FTA); and WHEREAS, the FTA still has a financial interest in the BUSES purchased; and WHEREAS, under FTA guidelines it is permissible for DART to work with another eligible FTA grantee to assume the remaining FTA equity interest and use of the vehicles for the balance of their 7-year useful life; and WHEREAS, City Of Denton, Denton, Texas, is an eligible FTA grantee and wishes to purchase fifteen of these BUSES; and WHEREAS, the sale of the BUSES from DART to City Of Denton will not take place until written approval for such equity transfer has been received from the FTA; and WHEREAS, City Of Denton represents that it has examined each of these BUSES included within this agreement and finds them to be acceptable in the present state of repair. NOW THEREFORE, DART and City Of Denton agree on the terms of the sate of the BUSES and MATERIALS as set forth below: City Of Denton has identified fifteen BUSES to be purchased. See Attachment A. The BUSES are presently located at DART facilities in Dallas, Texas. The terms of this sale are FOB, Dallas, Texas. City Of Denton is responsible for any shipping or transportation costs for the BUSES and from Dallas, Texas. The BUSES and are sold WHERE IS, AS IS. DART makes no warranties regarding the suitability of the BUSES or for any intended use. Subject to the City of Denton meeting its obligations under this agreement, including FTA approval and payment to DART of the City's local reimbursable equity portion by August 4, 2004, the BUSES will be made available for pickup by the City of Denton no later than August 4, 2004. City Of Denton agrees to be responsible for coordination with the FTA regarding the transfer of the federal portion of the remaining equity in the BUSES purchased from DART m City Of Denton. Prior to the shipping of any BUSES, City Of Denton agrees to provide written approval from FTA of the transfer from DART to City Of Denton. Page 2 City Of Denton agrees to remit to DART, prior to shipping, the following amounts for each BUS: For each of the six Firestone tires installed on each BUS, the useable tread that remains on each tire at a cost of $10.00 per 1/32" of tread; and, Those amounts prescribed in Section 6 below. DART and City Of Denton agree that the transferable depreciated federal equity portion for each vehicle is as described in Attachment A of this agreement. DART and City Of Denton agree that the local reimbursable equity portion for each vehicle is as described in Attachment A of this agreement. The parties agree that this agreement must be executed by the CITY OF DENTON on or before June 18, 2004 and will become effective on the date signed by the last party to execute this document. The signatories below represent they have the authority to execute this document in behalf of CITY OF DENTON and DART respectively. Dallas Area Rapid Transit '~? ~~~~~~e~t:r ..... BY: ~~ : /~ ..,q Date: BY: CITY OF DENTON, TEXAS Michael A. Conduff City Manager ATTEST: JENNIFERWALTERS, CITY SECRETARY APPROVED AS TO FORM HERBERT L. PROUTY, CITY ATr~. >>>>>> ZZZZZZZZZZZZZ 0000000000000 AGENDA INFORMATION SHEET AGENDA DATE: June 15, 2004 DEPARTMENT: ACM: Utility Administration Howard Martin, Utilities 349-8232 SUBJECT Consider adoption of an ordinance of the City of Demon, Texas authorizing the City Manager, as Denton's authorized representative, to file and to make application for the following grants: "Comrol of Nonpoim Source Loads in the Hickory Creek Sub-basin of the Lake Lewisville Watershed as a Componem of a Watershed-based Water Quality Trading Program" (The Section 319 Gram) and the expanded scope "Watershed Protection Plan for Hickory Creek Sub-basin of the Lake Lewisville Watershed" through the Texas Commission on Environmemal Quality, from the United States Environmental Protection Agency; as well as to take all other and further actions necessary and advisable to obtain such grant and the expansion thereto; further to comply with the project requirements of such grant and the expansion thereto; authorizing the City Manager to expend and to transfer funds as provided for in such gram. BACKGROUND The City of Denton's Watershed Protection Program has been participating with Texas A&M University and CH2MHill consultams on two successful 104B3 Water Quality Grams (from USEPA) entitled "Incentives for Action: Incorporating Trading Options into Watershed Improvement Plans for Lake Lewisville". The goal for both projects was to conduct a pollutant trading demonstration project for Lake Lewisville in order to maimain or improve water quality by establishing a market for pollutam reduction credits. Lake Lewisville is a prime candidate for this approach because of the rapid amount of growth that is occurring in this area. Although the Lake is not currently listed by the TCEQ as "impaired", future growth could threaten the designated uses (including drinking water, recreation and aquatic life) of the lake. If the TCEQ deems that the lake is not meeting designated uses, the lake could be listed on the 303(d) list, which will force the developmem of a Total Maximum Daily Load, or TMDL process. Briefly, a TMDL specifies the maximum amount of a pollutant that a water body can receive and still meet water quality standards, and allocates pollutant loadings among point and nonpoint pollutant sources. This allocation then serves as a means of controlling the pollutants that enter the water body from that particular source or category of sources. Once loads are allocated, increasing these loads becomes very difficult. For example, when an existing permit expires the permitting authority will evaluate whether the effluent limitations under the permit are consistent with the waste load allocations in the TMDL before the permit will be reissued. This process may result in permit modifications, including maintenance of current pollutant loads or a decrease in total loads, to reflect the current waste load allocation requirements in the TMDL. In addition, for new sources of discharge, EPA regulations mandate that no new source may "contribute to" a violation of water quality standards set forth in the TMDL. Thus, the TMDL process has the potential to result in growth limitations or even growth moratoria due to the inability to increase pollutant loading from point sources such as wastewater treatment plants or non-point sources like agricultural development. Examples of current growth modifications due to TMDLs include Kent County, Georgia and several counties in Vermont. A local example of TMDL implementation in Texas is the current TMDL that is occurring in the North Bosque Watershed that supplies Lake Waco. It is likely that this TMDL will ultimately result in growth limitations at some point in the near future. Since a TMDL program has the potential to affect the wastewater and storm water permits of the City of Denton, it is important to be proactive. Although Lake Lewisville is not currently on the 303d list, the Hickory Creek arm of the lake has been listed as a "Nutrient Enrichment" concern for ammonia nitrogen during the 2002 and 2003 Water Quality inventory conducted by the TCEQ. in the 2002 Reservoir and Lake Use Support Assessment, Lake Lewisville was ranked 96 out of 102 reservoirs based on a Trophic Status index (TSi). in other words, there were only 6 of the 102 reservoirs tested in the study that were worse that Lake Lewisville. In response to the nutrient problems as demonstrated by the high TSi, and the high application rates for wastewater permits (among the highest in the State) discharging in Lake Lewisville, the TCEQ has imposed a 1 mg/L total phosphorus effluent limit for all new or amended wastewater discharge permits for the Lake. The primary goal of this proposed 319 project is to understand the nature of pollutant loads to Hickory Creek and to examine the feasibility of taking measures to improve water quality in advance of numerical criteria that may result in Lewisville Lake being added to the State's 303d list. The project will also provide additional benefits including: · Contributing to the knowledge base needed to establish watershed action plans or equivalent to maintain or restore water quality in the Hickory Creek basin · Providing a basis for affecting the long term effectiveness of best management practices, (BMPs) as well as determining which practices are the most economically efficient · Serving as a pilot project for BMP implementation through water quality trading and providing information for transferring this information for other watersheds · Providing a vehicle for developing partnerships between potential water quality traders, and other instruments for cooperative approaches to pollution control. · Providing an incentive based approach for BMP implementation that will improve the cost effectiveness of watershed level load reductions · Providing knowledge needed to seek regulatory flexibility for future wastewater treatment plant pollutant loads and future municipal storm water requirements. · Examining BMPs to reduce sediment loading, which has a direct bearing on the storage capacity of Lake Lewisville. · Providing information that will be required if a TMDL does occur. OPTIONS 1. Accept the current grant. 2. Do not accept the current grant RECOMMENDATION Staff recommends Option 1, accepting the grant. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Presented to Public Utility Board on 5-24-04. Recommendation to continue grant pursuit was unanimously passed FISCAL INFORMATION The total cost of the original 319 gram as proposed is $603,144. The federal share of a typical 319h grams is 60 percem, which means that the City of Demon would be responsible for 40% or approximately $240,000. As a part of this gram application, the TCEQ has agreed to provide $120,000 in cash to offset Demon's 40% match. The total responsibility of the City of Demon for this component of the grant is therefore approximately $121,258. Recently, the TCEQ has proposed an additional $238,980 to develop a Watershed Protection Plan as a componem of the original 319 gram proposal. This brings the total amoum of the gram to $842,118 (including match). It is expected that a significant portion of the grant money will be in the form of in-kind services related to the existing Watershed Protection Program. EXHIBITS 1. Ordinance 2. PUB Minutes Respectfully submitted: Jim Coulter Director of Water Utilities Prepared by: Kenneth Banks Water Resources Program Manager ORD]IWANCE NO. 2004- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING TIlE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE AND TO MAIrd~ APPLICATION FOR THE FOLLOWING GRANTS: "CONTROL OF NONPOINT SOURCE LOADS IN TIlE HICKORY CREEK SUB-BASIN OF TIlE LAIrdE LEWISVILLE WATERSHED AS A COMPONENT OF A WATERSHED-BASED WATER QUALITY TRADING PROGRAM" (THE SECTION 319 GRANT) AND THE EXPANDED SCOPE "WATERSHED PROTECTION PLAN FOR t-IICKORY CREEl( SUB-BASIN OF TIlE LAIrdB LEWISVILLE WATERSHED" TIq]ROUGH THE TEXAS COMMISSION ON ENVIRONMENTAL QU_A_LITY, FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; AS WELL AS TO TAIr-iE ALL OTHER AND FURTI-~R ACTIONS NECESSARY A_ND ADVISABLE TO OBTAIN SUCH GRANT AND THE EXPANSION THERETO; FURTHER TO COMPLY WITH THE PROJECT REQUll:hEMENTS OF SUCH GRANT AND THE EXPANSION THERETO; AUTHORIZING THE CITY MANAGER TO EXPEND AND TO TRANSFER FUNDS AS PROVIDED FOR IN SUCH GRANT A_ND THE EXPANSION THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Watershed Protection Progrmn of the City of Denton, Texas, has been participating witl~ Texas A&M University and CI-IhMHill Consultm~ts on two §104(b)3 water quality grants from the Un/ted States EnvkomnentaI Protection Agency ("USEPA") concer~ing Lake Lewisville, with a view toward maintaining or hnproving water quality by estabhstfi_ng a market for pollutm~t reduction credits, as there is a rapid mnount.of growth occurring in that m'ea; mhd WHEREAS, the City of Denton, Texas, by and tln'ough its water utilities, have been offered a further grant by the Texas Connnission on Bnvh'omnental Quality ("TCEQ"), subject to the final approval of the USEPA, which grant is known as a §319 grant entitled: "Control of Nonpoint Source Loads in the Hickory Creek Sub-Basin of the LalCe Lew/sville Watershed as a Component of a Watershed-Based Water Quality Trading Progn-mn;" and WHEREAS, the budget for the above-referenced §319 grant totals $603,144; the Federal portion oftlfis grant totals $361,886; the "non-Federal" shm'e mnounts to $241,258, of which the TCEQ is willing to match Denton's share to the extent of $120,000; leaving Denton's .contribution for said grant to be $121,258; Staff deskes to pm'ticipate in this grant because it is in the best interest of the City; and WI-IEREAS, the City of Denton, Texas, by and through its water utilities, have been offered a further expansion of the above referenced §319 grant by the TCEQ, subject to the final approval of the USEPA, which g-rant is lmown as "Watershed Protection Plan for the Hickory Creek Sub-Basin of the Lake Lew/sville Watershed;" and WHEREAS, the budget for the' above-referenced expanded grant totals $238,980; the Federal portion of this grant is $143,388; leaving Denton's cont~4bution for said expmasion to be $95,592; Staff also desh'es to participate in th/s grant because it is in the best interest of the City; and i EXHIBIT 1 Vv/-IEREAS, the City of Denton marc]ting amount for the grant and expansion, total $216,850, and will be coinprJsed of the costs associated with the construction of "best management practices" ("B1ViP") that are deemed most efficient during the first stage of the project, and in-ldnd services associated with the monitoring currently being conducted by the Watershed Protection Program; as data from many of the monitming activities cm'rently being conducted by the Watershed Protection Program will be needed for this project, Staff expects that h~-ldnd se~wices will represent a substantial component on Denton's matchhag fund requirements; and WHEREAS, the primary goal of these projects is tO 'understand the nature of pollutant loads to Hickory Creek as well as to exmnine the feasibility of taldng measares to improve water quality in advance of numerical criteria that could conceivably result in Lewisville Lake beh~g added to tl:te §303(d) list of the State of Texas; and the City's participation in these grants will produce mm~y additional tangible benefits; and WHEREAS, the City Com~cil finds m~d concludes that application and performance of the proposed grant and expansion would be in the public interest; NOW TI-IEREFORB THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the City Manager, or his designee, is authorized to file and to make application for the grant and expansion thereof as is contained in the premnble to this ordinance. That the premnble be and it is hereby incorporated by reference into this ordinance for all purposes. That the City Manager, or his designee, shall act on behalf of the City of Denton, Texas in ali matters related to the application for grant and the extension referred to in the preamble to tlfis ordinance, as well as the project agreements and other docmnents that may result therefrom. SECTION 2. That if the grant and extension projects are ftmded, the City of Denton, Texas will comply with the project requirements of the TCEQ and the USEPA; and that the project funds shall be used only for the purposes intended under the grant and extension. That the City Manager, or his design:tee, is authorized to take ali other actions necessary to obtain and administer this grm~t. SECTION 3. That the City Mm~ager, or his designee, is hereby authorized to make such expend/tm'es and trm~sfers of funds under such conditions as are required by the grant and extension; further that the City Manager, or his designee, is authorized to make all expenditures m~d trm:tsfers of fm~ds on behalf of the City of Denton, Texas as regards its $216,850 matcl~ng an:tount of funds. SECTION 4. That tl'fis ordinance shall become effective inunediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. EI_TLINE BROCK, MAYOR ATTEST: JEN-N~Elt WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our DocumentskOrdinmces\04\TCEQ-Sec 319 Grant-City of Denton.tiao 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 CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES May 24, 2004 Draft 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, May 24, 2004, at 9:00 a.m. in the Service Cemer Training Room, City of Demon Service Cemer, 901-A Texas Street, Denton, Texas. PRESENT: Bill Cheek, Yolanda Guzman, George Hopkins, Charldean Newell, Dick Smith and Don White EX OFFICIO MEMBERS Michael Conduff, City Manager Howard Martin, ACM/Utilities EXCUSED: John Baines ITEMS FOR INDIVIDUAL CONSIDERATION: 6) Receive a report, hold a discussion, and give Staff direction regarding a Texas Commission on Environmental Quality (TCEQ) Section 319, Non-point Source Grant that has been tentatively offered to the City of Denton. Kenneth Banks, Water Resource Program Manager, presented this item. The primary goal of this proposed 319 project is to understand the nature of pollutant loads to Hickory Creek and to examine the feasibility of taking measures to improve water quality in advance of numerical criteria that may result in Lewisville Lake's being added to the State's 303(d) list, which will force the developmem of a Total Maximum Daily Load. Although Lake Lewisville is not currently on the 303(d) list, the Hickory Creek arm of the lake has been listed as a "Nutrient Enrichment" concern for ammonia nitrogen during the 2002 and 2003 Water Quality Inventory conducted by the TCEQ. Board Member Don White moved to pursue the grant, with a second from Board Member Dick Smith. The motion passed by a vote of 6-0. Page 1 of l EXHIBIT 2 AGENDA INFORMATION SHEET AGENDA DATE: June 15, 2004 DEPARTMENT: General Government CMfDCM/ACM: Betty Williams, Director of Management & Public Information Michael A. Conduff, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton, Texas authorizing a confidential settlement agreement with Marcus Cable Associates, L.L.C., D/B/A Charter Communications; 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 agreement; requesting Charter to collect a Public, Education and Government (PEG) fee, and to take such other actions deemed necessary to finalize the agreement; and declaring an effective date. BACKGROUND: As a result of increased cable television customer service complaints beginning with the 3rd quarter of 2001, Denton along with the other cable consortium cities decided to conduct a customer service audit of Charter's Fort Worth, Denton and Duncanville call centers. C2 Consulting Services was contracted to conduct the audit for the period from January 2001 to June 2002. The audit raised several issues at the Denton call center including Charter's inability to locate any telephone data prior to January 2002. The unavailability of such data is extremely significant in that we could not verify any of the statistics reported to the City prior to January 2002. Also, based on the information that was available, gross inaccuracies were noted on how Charter adjusted their call statistics for abnormal operating conditions. Based on this and other findings from the audit, the City joined the consortium in deciding to assess liquidated damages to Charter for non-compliance of the telephone customer service standard. As required in the franchise agreement, a notice of violation letter was sent to Charter. Charter disputed the accuracy of the C2 audit and methodology used. Charter contacted the City and informed us that they wanted to work with the City in resolving the dispute. The City and Charter have settled the dispute and will continue to work on the methodology and reporting. As part of the settlement, the City has requested and Charter has agreed to activate Section I (A) (3) of Ordinance No. 95-191. This section allows Charter to collect and pay to the City a fifty cent ($.50) Public, Education and Government (PEG) fee, each month from each cable television subscriber within the city limits, to assist in financing local access television activities. The PEG fees will be used to acquire additional production equipment, and other lawful PEG purposes, for the enhancement of PEG productions. The collection of the fee will begin no sooner than January 1, 2005, and Charter and the City will work closely in educating subscribers on the purpose for the PEG fcc. ADA/EOE/ADEA www.cityofdenton.com (TDD 800-735-2989) 6/11/04 Charter Customer Service Settlement Page 2 of 2 This charge will appear as a separate line item on all subscriber bills and shall not be deemed a payment for basic service, but a pass-through of a PEG fee. Any PEG fee payments made to the City by Charter shall not be deducted from any franchise fee payments made to the City as required by the current franchise agreement or Chapter 8 (Denton Cable Television) of the City of Denton Ordinance. OPTIONS: 1) Approve the ordinance authorizing the confidential settlement agreement between the City and Charter. 2) Deny the ordinance and direct staff to continue working on the terms of the confidential settlement agreement with Charter. RECOMMENDATION Staff recommends option #1 PRIOR ACTION/REVIEW (Council, Boards, Commission): 1) Council Closed Meeting, March 23, 2004 2) Council Closed Meeting, April 6, 2004 3) Council Closed Meeting, June 15, 2004 FISCAL INFORMATION: City will continue to receive 5% of Charter Communications gross revenues as franchise fees. Respectfully submitted: B~tty Wilfiams Director of Management and Public Information Prepared by: ~~~lmaeSa~n O ffic er Attachments: Ordinance ADA/EOE/ADEA www.citgofdenton.com (TDD 800-735-2989) ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING A CONFIDENTIAL SETTLEMENT AGREEMENT WITH MARCUS CABLE ASSOCIATES, L.L.C., D/B/A CHARTER COMMUNICATIONS; 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 AGREEMENT; REQUESTING CHARTER TO COLLECT A PUBLIC, EDUCATION AND GOVERNMENT (PEG) FEE, AND TO TAKE SUCH OTHER ACTIONS DEEMED NECESSARY TO FINALIZE THE AGREEMENT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on April 19, 2002 the City of Denton, ("City"), notified Marcus Cable Associates, L.L.C. d/b/a Charter Communications, ("Charter"), Charter that the Audit of the methodology used to determine "abnormal operating conditions" during which time Charter is allowed to adjust the number of calls answered under the telephone answering standard required by the federal Cable Act, WHEREAS, the Audit was conducted by C2 Consulting Services, Inc for the period January 1, 2001 through June 30, 2002; and WHEREAS, Charter disagrees with C2's findings in the Customer Service Standard Audit; and WHEREAS, the City and Charter wish to enter into a Confidential Settlement Agreement to settle their dispute relating to the Customer Service Standard Audit. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals set forth in the preamble of this ordinance are incorporated by reference, herein. SECTION 2. The Confidential Settlement Agreement, dated June 1, 2004 is hereby approved, and the City Manager is hereby authorized to execute said Agreement and other related documents deemed by the City Manager and the City Attorney to be necessary to conclude the Agreement. SECTION 3. The City Council hereby requests that Charter shall collect, from all Charter cable subscribers within the city limits of Denton, a Public, Education and Government, ("PEG") fee in the monthly amount of fifty cents ($.50) for assisting in financing local PEG operations. The PEG fees shall be paid in accordance with the settlement agreement and shall be set out as a separate line item on all subscriber bills and shall not be deemed a payment for basic services, but a pass-through of an access and government programming fee. SECTION 4. The City Attomey is hereby authorized to provide Charter, through their attomeys, a fully executed copy of this ordinance and a fully executed original of the Confidential Settlement Agreement. SECTION 5. The original executed Confidential Settlement Agreement of June 1, 2004 shall be filed with the City Secretary and marked "Confidential" as required by law. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of June, 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: AGENDA DATE: DEPARTMENT: CM: AGENDA INFORMATION SHEET June 15, 2004 City Manager's Office Mike Conduff, City Manager SUBJECT Consider approval of a nomination to the Historic Landmark Commission. BACKGROUND Council Member Redmon has nominated Donna Morris to the Historic Landmark Commission. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary