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July 20, 2004 Agenda
AGENDA CITY OF DENTON CITY COUNCIL July 20, 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, July 20, 2004 at 4:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: Receive a report, hold a discussion, and give staff direction regarding the Bond Election process. 2. Receive a report, hold a discussion and give staff direction regarding a proposal to conduct a mobility study for the Denia Neighborhood. o Receive a report, hold a discussion and give staff direction regarding code enforcement procedures. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of July 20, 2004. NOTE: The City Council reserves the right to adjourn imo a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended. Regular Meeting of the City of DeNon City Council on Tuesday, July 20, 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 July Yard-of-the-Month Awards Recognition of staff accomplishments 3. CITIZENS REPORTS mo Receive citizen reports from the following: 2. 3. 4. 5. 6. 7. 8. Tom Sprabeary regarding increasing taxi rates. Gary Naderi regarding increase in taxi rates. Nell Yeldell regarding taxes and legal description of property. Willie Hudspeth regarding minority hiring and the tree ordinance. Aron Frydberg regarding the sign code. Carolyn Phillips regarding umimely liens and the black elderly. Bob Clifton regarding various city issues. Peternia Washington regarding more "cluck" for the "buck". City of DeNon City Council Agenda July 20, 2004 Page 2 Militza Bishop regarding TWU apartment development. Dessie Goodson regarding "responsibility". 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-U). 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, Consem Agenda items A-U 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. Consider adoption of an ordinance amending Ordinance No. 2001-193 and Section 2-29 of the City Code relating to Rules of Procedure for the City Council of the City of DeNon, Texas, and all amending ordinances and repealing and consolidating Ordinances 2001-204, 2002-018, 2003-235, 2003-373, 2004-014 and 2004-033; providing for recording of attendance at Council meetings and setting work session times; providing a severability clause; and declaring an effective date. Consider approval of a resolution approving the fiscal year 2005 Financial Plan of the Denco Area 9-1-1 District, pursuant to the Texas Health and Safety Code; Chapter 772, as amended; and providing an effective date. Consider adoption of an ordinance of the City of DeNon, Texas updating Impact Fees by amending Chapter 26, "Utilities," Section 26-210 through 26-232 of the City of DeNon Code of Ordinances; adopting revised Land Use Assumptions and Capital Improvements Plans for Water and Wastewater Impact Fees; establishing new service areas for Wastewater Impact Fees; establishing new maximum impact fees per service unit and impact fees to be collected; creating schedules for the assessment and collection of impact fees; amending the definition of "new developmem" comained in Section 26-213(9); adding the definition of "utility connection" to Section 26-213(14); adding clarifying language to Section 26- 221(a) and (h); adding Section 26-221(i) which clarifies the powers of the Director respecting the enforcement, assessment, computation or collection of impact fees; revising procedures for administering impact fees; repealing conflicting ordinances and resolutions; providing a severability clause; providing for a penalty not to exceed $2,000 for each violation thereof; and providing an effective date. Consider a request for an exception to the Noise Ordinance for the purpose of Jagoe-Public, a hot mix asphalt plant need to operate between the hours of 7:00 p.m. and 6:00 a.m., Sundays through Thursdays, for 28 to 35 working days between July 21st and November 18th, 2004. City of Demon City Council Agenda July 20, 2004 Page 3 mo Consider adoption of an ordinance of the City of Demon authorizing and ratifying an agreement between the City of Denton, Texas and the Juneteenth Committee to support the 2004 Juneteenth Celebration; providing for an effective date. Fo Consider adoption of an ordinance approving an Imerlocal Cooperative Agreemem between the City of Demon & Demon County approving a project for completion of roadway pavement improvements on Long Road from the Denton Independent School District's western property line to Stuart Road adjacent to and serving the new Denton Athletic Facility/Advanced Career and Technology Center; and providing for an effective date. Go Consider adoption of an ordinance of the City of Demon, Texas amending the provisions of Chapter 18 relating to motor vehicles and traffic by amending Section 18-107 to allow for disabled parking signs to be posted on a wall or on a post; providing for a severability clause; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. Ho Consider adoption of an ordinance of the City of Demon, Texas amending Section 18-13 of the Code of Ordinances of the City of Demon by prohibiting the operation of bicycles, motor assisted scooters, and neighborhood electric devices or any other similar vehicle or toy devices on sidewalks in the area surrounding the City Square; providing that this ordinance does not apply to any mobility impaired individual using a motorized device; providing for a severability clause; providing a repealing clause; providing for a penalty not to exceed two hundred dollars for a violation of this ordinance; providing for publication; and providing for an effective date. Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal Cooperation Agreemem between the City of Demon and the City of Krum for the impoundmem and disposition of dogs and cats and the collection of fees pursuam to the provisions of said agreement; and providing for an effective date. Jo Consider the adoption of an ordinance approving a Real Estate Contract between Deborah J. Wrenn as seller and the City of Demon, Texas as purchaser for a tract of land commonly known as 1110 E. Sycamore located in the Cisco Survey, Abstract 1184 in the City of Denton, Denton County, Texas; authorizing the expenditure of funds and providing an effective date. Ko Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Wireline Crossing Agreement with Union Pacific Railroad Company for an aerial wireline crossing located at Mile Post 718.38, Choctaw Subdivision, City of Denton, Denton County, Texas; authorizing the expenditure of funds, therefor; and providing an effective date. Lo Consider adoption of an ordinance of the City of Demon, Texas, authorizing the Mayor to execute an Interlocal Cooperation Agreement between the City of Denton, Texas and the Denton Independent School District regarding the use of the Right of Way for DISD Fiber Optic System; and providing an effective date. City of DeNon City Council Agenda July 20, 2004 Page 4 Mo Consider adoption of an ordinance on second reading to volumarily annex 63.32 acres of land generally located west of Swisher Road, and north of Edwards Road in the eastern section of the City of DeNon Extraterritorial Jurisdiction (ET J). The Planning and Zoning Commission recommends approval (4-0). (Longhorn Development Annexation, AO4-OOOD No Consider approval of a resolution of the City of DeNon, Texas, approving the acquisition of real property by the DeNon County Cemral Appraisal District commonly known as 3901 Morse Street, Denton, Texas 76208; and providing an effective date. Oo Consider appoimmems to the following boards and commissions: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Airport Advisory Board Animal Shelter Advisory Committee Community Developmem Advisory Committee Construction Advisory and Appeals Board Historic Landmark Commission Human Services Advisory Committee Library Board Parks, Recreation and Beautification Board Planning and Zoning Commission Public Utilities Board TMPA Traffic Safety Commission Zoning Board of Adjustmem Po Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of EMS Supplies for Denton Fire Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3165 - EMS Supplies awarded to the lowest responsible bidder for each item in the estimated amoum of $120,000). Qo Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of Overhead 13.2 kV Capacitor Bank Assemblies for DeNon Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3177 - Overhead 13.2 kV Capacitor Bank Assemblies awarded to Wesco Distribution in the estimated amoum of $38,000). Ro Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of printing, typesetting, distribution and advertisement sales for the Parks and Recreation Department's PLAY Seasonal Brochure; providing for the expenditure of funds therefor; and providing an effective date (Bid 3186 - Annual Contract for P.A.R.D. Seasonal Catalogs awarded to the lowest bidder for each section in the gross amoum of $41,595 less $12,000 (Estimated Ad Revenue) for a net estimated cost of $29,595). So Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of two 15 kV Bus Duct replacements for the Hickory Street Substation; providing for the expenditure of funds therefor; and providing an effective date (Bid 3172 - Hickory Substation Bus Duct Replacements awarded to Powell Electrical Manufacturing Company in the amoum of $27,829). City of DeNon City Council Agenda July 20, 2004 Page 5 To Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of a hydraulic excavator for the Water Distribution Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3178 - Hydraulic Excavator awarded to Cominemal Equipmem Company L.P. in the amoum of $131,463.29). Uo Consider approval of the minutes of June 1, June 8, and June 15 Regular Meetings and June 15 Luncheon. 5. PUBLIC HEARINGS mo Hold a public hearing and consider adoption of an ordinance rezoning approximately 19 acres from the Neighborhood Residemial 4 (NR-4) zoning district to the Neighborhood Residemial Mixed Use 12 (NRMU-12) zoning district, and approximately 63 acres to the Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district. The property is generally located west of Swisher Road, and approximately 1,500 feet north of Edwards Road. The Planning and Zoning Commission recommends approval (6-0). (Z04-0002, Longhorn) Bo Hold a public hearing and consider adoption of an ordinance rezoning approximately 0.56 acres from Neighborhood Residemial 4 (NR-4) zoning district to Neighborhood Residemial Mixed Use (NRMU) zoning district. The property is generally located south of McKinney Street and approximately 900 feet west of Loop 288. The Planning and Zoning Commission recommends approval (6-0). (Z04-0019, Church's Chicken) Co Hold a public hearing and consider adoption of an ordinance for a Specific Use Permit (SUP) for a drive-through facility for Church's Chicken. The property is generally located south of McKinney Street and approximately 900 feet west of Loop 288. The Planning and Zoning Commission recommends approval (6-0). (Z04-0020, Church's Chicken) Do Hold a public hearing and consider the adoption of an ordinance rezoning approximately 1.25 acres from Dowmown Residemial 1 (DR-l) zoning district to Dowmown Residemial 2 (DR-2) zoning district. The property is generally located southeast of Underwood Street at Avenue A. The Planning and Zoning Commission recommends approval (6-0). (Z04-0022, Underwood and Avenue A) mo Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit for a drive-through facility. The approximately 0.72 acre property is in a Neighborhood Residemial Mixed Use (NRMU) zoning district and is 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 recommends approval (6-0). (Z04-0021, Dry Clean Super Center) City of DeNon City Council Agenda July 20, 2004 Page 6 Hold a public hearing and consider adoption of an ordinance regarding rezoning of approximately 8.3 acres from the Neighborhood Residemial 2 (NR-2) zoning district to an Employmem Cemer Commercial (EC-C) zoning district. The property is generally located on the south side of University Drive, and approximately 900 feet east of Thomas Egan Road. An office and light- manufacturing park is proposed. The Planning and Zoning Commission recommends approval (6-0). (Z04-0023, Shady Creek Business Park) Hold a public hearing and consider adoption of an ordinance rezoning approximately 30.7 acres from a Neighborhood Residemial 2 (NR-2) zoning district to approximately 6.2 acres of Neighborhood Residemial 4 (NR-4) and 24.5 acres of Neighborhood Residemial 6 (NR-6) zoning districts with an overlay district. The property is generally located at the southwest corner of Hinkle and Windsor imersection. Single-family developmem is proposed. The Planning and Zoning Commission recommends denial (5-1). NOTE: A SUPERI~IAJORITY VOTE BY THE COUNCIL IS REQUIRED FOR APPROVAL. (Z04-O017, The Cove at North Lakes) Consider the following: 1. Hold a public hearing and consider adoption of an ordinance creating a Special Sign District for the Unicorn Lake development. The purpose of the Special Sign District is to allow signage for the development, located south of Interstate 35 East along both sides of Wind River Lane, deviating from the requirements of Subchapter 15 of the Development Code relating to directional signage. The Planning and Zoning Commission recommends approval (3-3). NOTE-' A SUPERI~IAJORITY VOTE BY THE COUNCIL IS REQUIRED FOR APPROVAL. (SD04-0002, Unicorn Lake DevelopmenO Consider adoption of an ordinance authorizing the City Manager or his designee to approve a Right of Way Use Agreement, to allow a monument sign and other improvements to be located within street right-of-way at Unicorn Lake Blvd. and State School Road to indicate entryway into Unicorn Lake, said tract being described as a 0.023 acres of land situated in the M.E.P. & P.R.R. Survey, Abstract No. 950, in the City of Denton, Denton County, Texas, being part of a 2.631 acre tract of land, conveyed as tract two to the City of Denton by Deed recorded in County Clerk's file No. 2004-56699, Real Property Records, DeNon County, Texas, and providing an effective date. 6. ITEMS FOR INDIVIDUAL CONSIDERATION Consider adoption of an ordinance amending, repealing and replacing Ordinance No. 2002-244 of the City of DeNon, Texas, establishing fees to be charged for emergency ambulance services and standby emergency ambulance services in the City as provided for in Sec. 27-102 of Article IV of Chapter 27 "Vehicles For Hire" of the Code of Ordinances of the City of DeNon, Texas; repealing all ordinances in conflict herewith; providing a severability clause; and providing for an effective date. City of Demon City Council Agenda July 20, 2004 Page 7 Consider adoption of an ordinance of the City of Demon, Texas amending Chapter 16 relating to licenses, permits and business regulations by changing the definition of soliciting in Article III titled Solicitors and Itinerant Merchants; providing a severability clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. Consider adoption of an ordinance of the City of Demon, Texas approving an Interlocal Cooperation Agreement by and between the City of Denton, Texas and the Texas Woman's University pertaining to the use of and upgrade of Civic Center Park; and providing an effective date. D. Consider nominations/appoimmems to the City's boards and commissions. 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 Demon, 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: July 20, 2004 Finance Kathy DuBose SUBJECT Receive a report, hold a discussion, and give staff direction regarding the Bond Election process. BACKGROUND The next Capital Improvement Bond Election is currently scheduled for February 5, 2005. A 50-member Citizen's Committee has been used in the past to develop a recommendation to City Council for a 5-year Capital improvement Program. Each Council Member appointed seven (7) citizens to the Citizen's Blue Ribbon Capital improvement Program (CiP) Committee. The entire Council selected another citizen to chair the Committee for a total of 50 members. ESTIMATED SCHEDULE OF PROJECT A tentative Election Calendar is attached. PRIOR ACTION/REVIEW .(Council, Boards, Commissions) City Council discussed holding a February 2005 Election during the 2003-04 budget process. EXHIBITS Tentative Election Calendar Respectfully submitted: (Name of Director) (Title) Tentative Schedule Capital Improvement Bond Election August3,2004 Council Appoints Committee August 2004 - October 2004 Committee Develops Recommendations October2004 Committee Presents Recommendation November2,2004 Council Calls Bond Election for February 5, 2005 (Election must be called no later than the November 16, 2004 Council Meeting) January l9,2005 Early Voting Begins February 1, 2005 Early Voting Ends February 5, 2005 Election Day AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET July 20, 2004 Engineering Jon Fortune, Assistant City Manager SUBJECT Receive a report, hold a discussion and give staff direction regarding a proposal to conduct a mobility study for the Denia Neighborhood. BACKGROUND During a recent meeting of the Denia Neighborhood association, a request was made to undertake a mobility study of the Denia neighborhood. In response to this request, the Engineering Department requested a proposal from C&P Engineering, Ltd. To undertake a mobility study of three scenarios within the neighborhood to analyze capacities on the existing roadway infrastructure and identify any inadequacies that are evident under the scenarios evaluated. The Scenarios proposed were: Scenario #1 - Existing Conditions. To evaluate the existing streets, existing access system and existing traffic volumes. This scenario will assume that the UNT Eagle Point property is fully developed. Scenario #2 - Current Mobility Plan. Utilize the current traffic volumes identified in Scenario #1 and evaluate access and street system presented in the currently approved mobility plan. Scenario #3 - Ultimate Development. To evaluate the future conditions based on traffic volumes generated and distributed throughout the Denia neighborhood to account for the full build out of the study area. These traffic volumes will then be compared to the City's Mobility Plan in an effort to identify any inadequacies and recommend changes to address the inadequacies identified. PRIOR ACTION/REVIEW There has been no prior action on a mobility plan for this neighborhood beyond the current citywide mobility plan. FISCAL INFORMATION The current proposal is for an amount of $11,525 for the consultant with the anticipation that once staff time is factored in the complete study will cost over $15,000. There is currently no funding source identified to support this effort The proposed contract would be administered by Engineering Department personnel. ATTACHMENTS 1. Engineer's Proposal Page 1 Prepared By: Charles Fiedler Director, Engineering Page 2 C & P Eugiaeeti g, Ltd. June 1t, 2004 Mr. Charies Fielder, P.E. City of Denton City Hall East 60I East Hickory, Suite B Denton, TX 76205 RE: Proposal for Traffic Engineering Services Denia Neighborhood Mobility Study Dear Mr. Fielder: At your request C&P Engineering, LTD. has prepared this proposal to provide professional engineering services for the completion of a mobility study with regard to the build out of the Denia neighborhood and the access needs associated with the increased traffic growth. SCOPE OF WORK The focus of this study will be the evaluation and analysis of the adequacy of the access for the Denia neighborhood residents under three scenarios. Scenario #1.... This first scenario will basically address existing conditions. This wilt include existing streets, existing access system, and existing traffic volumes. The only deviation from existing conditions will be to include the proposed build out on the UNT property also as existing. Scenario #2.,. This second scenario will take the traffic volumes associated with scenario #1 and apply them to the street and access system as presented in the City's Mobility Plan. Scenario #3... This final scenario will address future conditions. Traffic volumes will be generated and distributed throughout the Denia neighborhood to account for the full build out of the study area. These traffic volumes will then be applied to the City's Mobitity Plan. Capacity analyses will be conducted for each scenario to identify any inadequacies in the street and access system. Recommendations will be presented to address these inadeq uacies. 1801 Gatcwalr ltlv~ ~ StEle I01 ~ Richardson, Texas 75080 (972)644-2800 ~ Fax (972)644-2817 The following scope of services has been developed for this proposed study. Data Collection . , . The Consultant will collect daily traffic counts at 12 locations and peak hour turning movement counts at six locations. The City will provide the Consultant with all necessary exhibits and drawings associated with the Denia neighborhood. A meeting will be held with City staff to identify those growth and build out assumptions necessary to develop future traffic volumes. Those assumptions will cover the following areas: land uses, densities of those land uses, growth rates, distribution patterns, build out year, acceptable capacity levels ! levels of service, etc. Trip Generation and Distribution... C&P will develop the traffic volumes for each of the three scenarios included in this study. These volumes will then be distributed throughout the study area based on the street and access system associated with each scenario. Analyses and Evaluations... The Consultant will conduct capacity analyses of the impacted streets and access points and present the results in a tabular format. Those areas with inadequate capacity levels will be identified. This work effort will be conducted for all three scenarios. Mitigation Measures . . . in this work effort C&P wilt develop mitigation measures to address the capacity inadequacies identified during the analyses and evaluations conducted in the previous work effort, Preliminary Report... C&P will prepare an initial report summarizing the methodology, assumptions, analyses, findings, and recommendations developed during the course of the study. Final Report... The Consultant will prepare a final report for submittal to the City. The final report will include revisions and modifications based on City staff's review of the preliminary report. Meetings . . . This proposal includes two meetings with neighborhood residents and other interested Denton residents. SCHEDULE AND COST ESTIMATE The Consultant is prepared to begin work on this project upon your authorization to proceed. The preliminary study report will be completed in approximately 60 calendar days of from the date that ali traffic count data has been collected~ The engineering fee to complete this study will not exceed a maximum of$11,525. Additional costs that are not covered in this proposal include courier services and attendance to P&Z and City Council meetings. A breakdown of the fee is summarized below. Machine Counts (12 locations) Manual Counts (6 locations) Study and Report Total Fee = $ 1,725.00 = $ 2,000.00 = $ 7.800.00 = $11,525.00 CLOSING We appreciate this opportunity to respond to the City's needs for traffic engineering assistance. If you have any questions concerning this proposal, please do not hesitate to give me a call. Respectfully submitted, C&P ENGINEERING, LTD. Dannie R. Cummings, P.E, Principal Engineer AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: July 20, 2004 Police Jon Fortune, Assistant City Manager SUBJECT: Receive a report, hold a discussion, and give staff direction regarding code enforcement procedures. BACKGROUND: Overall community appearance has become an increasing priority as evidenced by the City Council's long range planning schedule for 2004. Five of the nine topics included can be directly related to appearance, specifically Attractiveness and Community Aesthetics; Sustainable Development; Neighborhoods; Environment; and Corridors and Entranceways. Additionally, a Vibrant Cultural Life and a Conference Center and Hotel are dependent, to some degree, on a community that citizens find attractive. Toward that goal, this report presents information regarding current code enforcement procedures, includes a report on residential rental properties, and provides the City Council with staff recommendations for revisions to those procedures. The appearance of the city is primarily dependent upon two processes, the policies that regulate the development of properties and the policies that regulate the maintenance of properties. The development of property is regulated almost exclusively by the Development Code under the supervision of the Planning Department and Building Inspections. The maintenance of property is regulated by a variety of laws and ordinances and the responsibility of enforcement is divided among several City departments. CODE ENFORCEMENT SECTION The Code Enforcement Department was transferred into the Police Department in August 2000 and is currently located within the Special Enforcement Division of the Operations Bureau. It consists of one Senior Code Enforcement Officer, five Code Enforcement Officers, and one Secretary. The primary duties of this section are the enforcement of city ordinances regulating high grass and weeds, trash and debris, and junked vehicles on private property. The Code Enforcement Section also addresses violations of ordinances related to view obstructions, such as tree limbs hanging over traffic signs and shrubs at intersections; signs; zoning related to home occupations and over-occupancy; and solid waste violations, primarily bulky items and trash around solid waste containers. The Police Department's Environmental Crimes Officer routinely assists the Code Enforcement Section, most often on cases of trash and debris that constitute illegal dumping. The Code Enforcement workload is significantly seasonal. Of particular importance is the amount of rainfall received which is the primary determinant of the growing season and directly impacts the number of violations investigated and City-initiated abatements. From 1999 through 2003, the Section averaged 1,691 grass and weeds cases, with a high of 2,254 cases in 2001. During the same five-year period, the Section averaged 1,291 cases of trash and debris; 334 cases involving junked vehicles; 159 sign violations; 13 zoning violations; and approximately 60 other types of violations. Each code enforcement officer averages 850 cases per year. Code Enforcement Ordinances Chapter 20. Article III. Grass and Weeds. Section 20-71 sets the limits of weeds, grass or vegetation on a parcel of property less than two (2) acres to twelve inches in height. If the parcel of property is two (2) or more acres, the weeds, grass or vegetation located within one hundred feet of adjacent property is limited to twelve inches in height. The ordinance provides a defense to prosecution if the vegetation consists of agricultural crops, cultivated trees, shrubs or flowers, or wildflowers during the blooming season. Chapter 20. Article I. Garbage, Trash and Rubbish. Section 20-3 defines garbage, trash and rubbish as any and all stacks, heaps or piles of old lumber, refuse, junk, old cars or machinery or parts thereof, garbage, trash, rubbish, scrap material, ruins, demolished or partly demolished structures or buildings, piles of stones, bricks or broken rocks. It prohibits the storing or keeping of such items on any premises bordering any public street in the city so as to produce an unsightly and ugly appearance or which may harbor reptiles or rodents, create a fire hazard or result in unsanitary conditions. It further prohibits the dumping, unauthorized placing or depositing of any trash, rubbish, garbage, tin cans, refuse, grass, weeds, scrap materials, offal, dead animals or junk in or upon any street, alley, sidewalk, branch, creek, ditch or gutter or along or upon the sides thereof. Chapter 20. Article III. Junked Vehicles. Section 20-41 defines a junked vehicle as a motor vehicle that is inoperative; and does not display a valid registration or motor vehicle inspection certificate; or is wrecked, dismantled, partially dismantled or discarded; or that remains inoperable for a continuous period of more than forty-five days. Section 20-47 declares a junked vehicle a public nuisance if it is located in a place where it is visible from a public place or right of way and prohibits a person from maintaining a public nuisance. Section 20-48 exempts vehicles or vehicle parts that are completely enclosed within a building in a lawful manner where it is not visible form the street or other public or private property, a vehicle or vehicle part that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or an antique or special interest vehicle stored by a collector on the collector's property, if the vehicle is screened from ordinary view by means of a fence, rapidly growing trees, shrubbery or other appropriate means. Code Enforcement Procedures In 1998, staff worked with the City Council to adopt Code Enforcement procedures for abating violations involving high grass and weeds, trash and debris, and junk vehicles. Previously, officers would simply send a letter of notification to the address where an observed violation was located. The owner or resident was given ten days to abate the violation. If the owner or resident did not comply, the officer would contact a private contractor to clean the property and the owner or resident would be invoiced an administrative fee and the cost of the contract. The Council expressed concerns that this process did not provide ample opportunity for the violator to resolve the problem. The current procedure is as follows: A door hanger is left at the location notifying the tenant/owner of the violations. If the property is a vacant lot or appears vacant, the door hanger is mailed to the property owner as identified using currently available tax records. A re- inspection date is set for seven days from the date the door hanger is left at the location and such date and the investigating officer's name and telephone number is noted on the door hanger. The property is re-inspected no earlier than the date on the door hanger. If the violation is abated, no other action is taken and the case is closed. If the violation still exists, the Code Enforcement officer takes two pictures for the case file and a certified letter is sent to the property owner and, if applicable, the tenant. The letter contains information about the violations and notification of the re- inspection date. The re-inspection date for grass and weeds is ten days. The re- inspection date for trash and debris violations is fourteen days. If the violation is abated, the case is closed. If the violation still exists, the officer takes two more pictures for the case file. Code Enforcement attempts to call the property owner to discuss the violation and agree to a deadline for the violation to be abated. If it is determined that the property owner is indigent or physically unable to abate the violation, Code Enforcement will request assistance from the Keep Denton Beautiful volunteer program or other community groups. If compliance is gained within the agreed time, the case is closed. If compliance is gained following notification by either door hanger or registered letter, a card is sent to the owner that notifies them that their property was found to be in compliance upon re-inspection and thanking them for their cooperation. 5. If compliance is still not gained, Code Enforcement will initiate administrative action or file a case in Municipal Court. Grass and weed violations are generally addressed through administrative action. A private contractor mows the property and the owner is invoiced an administrative fee in the amount of $80.00 and all contractor fees. Trash and debris and junk vehicle violations are generally addressed by filing a case in Municipal Court. Staff is hesitant to simply clean the property due to the possible claimed value of property and vehicles that might be removed. The trash, debris or vehicle in question will remain on the property until the disposition of the case. If the violator abates the violation prior to the court date, the prosecutor will usually recommend that the violator be placed on deferred adjudication for one year, at the end of which the case would be dismissed if no further violations occurred. If the violator is found guilty and still fails to abate the violation, Code Enforcement will contract for the property to be cleaned and the property owner will be invoiced accordingly. An owner has thirty days within which to remit payment for administrative and contractor fees. If the owner fails to make payment within the allotted time, a lien is placed on the property. The current process requires that a violation exists at least seventeen days before the City can abate it. However, the process actually takes an additional ten days considering weekends, holidays, administrative review and processing, and the average three days for the contractor to complete the work. According to this process, property owners received one certified notification letter each mowing season. The mowing season is defined by ordinance as March through November. The letter advises the owner that subsequent violations observed within that same mowing season would be abated without additional notice and the owner would be invoiced accordingly. As a result of a mowing fee appeal hearing in December 2002, Council requested that a notification letter be sent to the property owner upon observation of a second violation during the mowing season and Code Enforcement implemented this change to the procedure. Contractor services are opened for competitive bidding every two years. Contractor fees are assessed in accordance with the current accepted bid. For example, under the current bid, contractor fees range from $28.00 to mow a parcel of land up to 10,000 square feet on which the grass or weeds are up to three inches in height to $52.00 to mow a parcel of land over one acre on which the grass or weeds are over three inches high. Contractor charges for the removal of trash and debris is $45.00 per cubic yard. In 2003, at Council's request, the determination of the size of a parcel was revised to consider adjacent vacant lots with the same owner as one parcel and contractor fees are calculated by adding all parcels together. The administrative fee of $80.00 is set by ordinance and has not been increased in over fifteen years. The administrative fee is not assessed unless the City initiates abatement of a violation. If the property owner abates the violation at any time during the process, no fees or other charges are assessed regardless of staff time and notification costs incurred. The current average cost to process a violation, from the initial notification to the abatement and filing of a lien, is $125.00. This estimate includes staff time, notification forms, postage, and the filing fee for the lien. According to Section 20-48, the City may abate and remove a junked vehicle as a public nuisance from private property. The City must give the owner at least ten days' notice by certified mail. The notice must state that the vehicle must be removed within ten days or a request for a hearing must be made within ten days. If requested, a public hearing before the City Council or the Council's designee must be held before the removal of the vehicle by the City. The provision in Section 20-48 that allows for screening a vehicle was interpreted to allow car covers or tarps as appropriate means of screening a vehicle from view. This interpretation is still used. Other Enforcement Responsibilities The Code Enforcement Section works closely with the Building Inspections and Planning Departments in responding to violations of the regulations related to signs and zoning or land use. Generally, when a complaint is received or a possible violation is observed, Code Enforcement Officers contact the appropriate department to confirm the violation through the existence of permits, confirmation of property lines, and allowable land uses. Upon a determination that a violation does exist, the officer will contact the owner and make every attempt to resolve the issue so that the property is in compliance before moving forward with formal enforcement action. Code Enforcement Officers perform an inventory of all portable signs to ensure they are in compliance with the ordinance. View obstructions are addressed in the same manner as grass and weeds and trash and debris. The property owner is provided notification of the violation. If it remains unabated, the obstruction is removed by either a Code Enforcement Officer or the City's contractor. If abatement is performed by the contractor, the owner is invoiced for the standard fees and, if the owner fails to remit payment, a lien is placed on the property. Complaints received regarding high grass and weeds in a drainage area are referred to the Streets and Drainage Department. If the drainage area is actually a creek not under the control of the City, Code Enforcement researches ownership and notifies the property owner of the grass and weeds violation. Code Enforcement also responds to a variety of miscellaneous complaints such as cars for sale on parking lots; car dealerships where vehicles are parked on sidewalks; solid waste complaints including residents placing their trash out for pickup too far in advance of pickup; complaints of neighborhoods blowing grass clippings into the drainage system; and stagnant water, especially in private pools. Code Enforcement Officers either follow up on the violations themselves or refer the complaints to the appropriate department. Funding Resources Approximately $20,000 has been traditionally budgeted for mowing expenses and $3,000 has been budgeted for postage of certified letters of notification to violators. At the request of the City Council last year, one additional letter of notification, at a cost of $3.13 each, is mailed during a mowing season. The increase in postage and the additional letter has resulted in over twice the postage expenses in previous years, increasing from $3,000 to over $6,000. To cover this overage, funding allocated for mowing expenses was transferred into the postage account. The unusually high amount of rainfall through the month of June will extend the traditional growing season and the number of mowing jobs contracted is projected to be significantly higher than traditionally experienced. Therefore, the Code Enforcement Section will be required to make every possible effort to obtain voluntary compliance from property owners before contracting for these services. Staff Recommendations for Improved Code Enforcement A white paper entitled Attractiveness and Community Aesthetics was submitted for Council review in January 2004. This paper contained a section on effective enforcement toward the maintenance of physical attractiveness within the community. In order to attain the desired appearance of private property, municipal governments must enact regulations toward that goal. The regulation of property appearance can be divided into three distinct functions. Legislation - Governing bodies of municipalities must make policy decisions, through the passage of ordinances and codes, regarding the desired appearance of properties within the community. · Enforcement - The enforcement of such legislation must be assigned to specific work groups and the enforcement process must be both efficient and effective. Adjudication - The legislation must be supported through equitable and consistent adjudication of enforcement action taken, whether through the filing of cases in Municipal Court or the assessment of administrative fees and property liens. The Code Enforcement staff reviewed the ordinances and procedures of other cities and State law and recommends the following ordinance revisions. The City of McKinney, Texas maintains an ordinance that allows the city to abate, without notice, weeds that have grown higher than 48 inches and are an immediate danger to the health, life, or safety or any person. Notification of abatement would be provided to the owner within ten days of abatement. The City of Dallas, Texas maintains an ordinance that requires any parcel of property of 20 acres or less to be mowed in its entirety rather than the 100 feet required by the Denton ordinance. Code Enforcement has experienced difficulty in prosecuting trash and debris violations in Municipal Court because the definition is considered vague. The City of Flower Mound, Texas maintains an ordinance that contains the following comprehensive definitions: Garbage means any kitchen refuge, foodstuffs or related material, including all decayable waste. Impure or unwholesome matter means any putrescible or nonputrescible condition, object or matter which tends, may or could cause injury, death or disease to human beings. Junk means all womout, worthless or discarded material including, but not limited to, any of the following materials, or parts of such materials, or any combination thereof: new or used iron, steel or nonferrous metallic scrap, brass or waste materials; used and/or inoperable household appliances, household electrical or plumbing fixtures, floor coverings or window coverings not currently in use; used lumber, brick, cement block, wire, tubing and pipe, tubs, drums, barrels, and/or roofing material not currently in use; air conditioning and heating equipment not currently in use; used vehicle components and parts not currently in use; used furniture other than that designed for outdoor use or that which would normally be considered as antique furniture; used and/or inoperable residential lawn care equipment and machinery not currently in use; used pallets, windows or doors not currently in use; new or used sheet metal, structural steel and/or chain not currently in use; used and/or inoperable vending machines, radios, and/or televisions not currently in use; and any other type of used and/or inoperable machinery or equipment not currently in use. Nuisance means any condition, object, material or matter that is dangerous or detrimental to human life or health; or that renders the ground, water, the air or food a hazard or likely to cause injury to human life or health; or that is offensive to the senses; or that threatens to become detrimental to the public health; and shall include, but not be limited to, any abandoned wells, shafts or basements, abandoned refrigerators, stagnant or unwholesome water, sinks, privies, filth, carrion, rubbish, junk, trash, debris or refuge, impure or unwholesome matter of any kind, and objectionable, unsightly, or unsanitary matter of whatever nature. The current ordinance requires a junked vehicle to be inoperable for forty-five days. A recent State law revision changed that length of time to thirty days. Therefore, City ordinance should be revised to reflect this change. The City of Carrollton, Texas maintains an ordinance that distinctly defines an inoperable motor vehicle, an inoperable vehicle and a junked vehicle as follows: Inoperable motor vehicle means a motor vehicle that does not have lawfully affixed either an unexpired license plate or a valid motor vehicle safety inspection certificate, or a vehicle that is not in operating condition because it is wrecked, dismantled, partially dismantled, dilapidated, or has one or more flat tires. Inoperable vehicle means a vehicle without a motor, including, but not limited to, trailers, campers, camper shells, and wheeled towing frames, that is not in operating condition because it is wrecked, dismantled, partially dismantled, dilapidated, or has one or more flat tires. Junked vehicle means a vehicle that is self-propelled and does not have lawfully affixed either an unexpired license plate or a valid motor vehicle safety inspection certificate, and is wrecked, dismantled, partially dismantled, or discarded; or inoperable and has remained inoperable for more than thirty days if the vehicle is on private property. Carrollton's ordinance also states that an inoperable vehicle, inoperable motor vehicle or junked vehicle that is visible from a public place or public right-of-way and/or is considered detrimental to the safety and welfare of the general public tends to reduce the value of private property, invites vandalism, creates a fire hazard, is an attractive nuisance creating a hazard to the health and safety of minors, produces urban blight adverse to the maintenance and continuing development of the city, and is declared to be a public nuisance. The number of inoperable vehicles, inoperable motor vehicles or junked vehicles on any parcel of property is limited to two and it further requires that such vehicles must be screened from any public place or public right-of-way by means of a solid opaque fence or shall be enclosed within a building, in no case shall any cover placed over a vehicle constitute adequate screening. The current enforcement process is generally inefficient and ineffective in gaining the desired compliance. Many area cities including Ft. Worth, Euless, Lewisville and Dallas do not leave a notice on the property as the initial notification of a violation. They send one certified letter to the owner and, if not abated within the specified period of time, the City initiates abatement of the violation without additional notice. For a period of twelve months after a violation, the owner receives no notice if subsequent violations of a same or similar nature are observed on the property, instead, the City abates the violation and assesses the expense of abatement against the property. Staff recommends that an initial notification, in the form of a doorhanger, be left at the property or mailed to the owners of vacant properties with re-inspection in seven days. if the violation still exists, a certified notification letter will be mailed to the property owner as listed in the tax rolls with re-inspection in ten days. If the violation still exists, the City will initiate abatement and invoice the owner for the contractor and administrative costs. If the owner does not remit payment within thirty days, a lien will be placed on the property. Subsequent violations that are observed on or before the first anniversary date of the first notice will result in the City initiating abatement of the violation without further notice to the property owner and invoice the owner for the contractor and administrative fees. Additionally, a citation will be issued for each subsequent violation. As stated, the administrative fee has not increased in over fifteen years and the estimated cost of the abatement process is $125.00. Area cities charge between $150.00 and $250.00 for administrative fees. Therefore, staff recommends that the administrative fee be increased to at least $125.00. This increase would result in approximately $4,500 in additional annual revenue. It is common practice for a municipality to file a lien on properties for unpaid administrative and contractor fees related to code violation abatement. However, as evidenced by the current liens on an estimated 800 properties totaling over $255,000, collection of these liens is difficult. The Code Enforcement Section and the City Treasury Department are working together to confirm the liens and plan to send a collection notice to all enforceable lien holders during the first week of August. Thereafter, staff plans to develop a strategy that will maximize the City's opportunity to collect these fees as efficiently as possible. Code Rangers The Ft. Worth Code Rangers is a volunteer program that works under the City's Code Compliance Department. Rangers must be 18 years of age or older and complete a comprehensive training program presented by the Code Compliance Department. Rangers must be a member of a neighborhood association and are allowed to only patrol their own neighborhoods. They are prohibited from carrying any weapons and are encouraged to patrol in pairs. Once certified, the Rangers actively patrol their own neighborhood for code violations, specifically trash and debris; front and side yard parking; front porch storage; junk vehicles; fences; and garage sales. Code Rangers are instructed not to confront violators and not to enter private property. They report observed violations to the Rangers Program staff. The Program staff then sends an anonymous "reminder notice" to the property that details the violation. The notice does list a telephone number that is answered by the Code Compliance Department. Ranger Officers maintain detailed records of violations and perform a follow-up inspection. If a violation is not abated within the allotted time, the violation is referred to the Code Compliance Officer assigned to that area for enforcement action. The benefit of the Code Rangers program is the potential increase in the City's resources through unpaid volunteers. Trained citizens can accurately identify a violation and perform the tasks of initial notification to property owners and follow-up inspections instead of calling a Code Enforcement Officer to perform those tasks. According to John Hancock, the Director of Code Compliance for the City of Ft. Worth, approximately seventy citizens, representing thirteen different neighborhood associations, have completed the required training with another eighty-five citizens, representing twenty- seven neighborhood associations, scheduled to be trained. While the program has been in existence for approximately a year, the Rangers only recently sent the first notice of a violation due to a lengthy legal review and revision of the written notice. Mr. Hancock strongly recommends consultation with existing neighborhood associations to identify interest prior to developing such a program because, if citizens are not interested in participating, the program will obviously not be effective. The Code Enforcement staff recommends soliciting local interest with neighborhood associations. If sufficient interest is received, staff would recommend moving forward with the development and implementation of this program. BUILDING INSPECTION DIVISION The Building Inspection Division is located within the Planning and Development Department. It consists of thirteen staff members who report to the Building Official. Five Building Inspectors and a Senior Building Inspector who inspect the work authorized by a building permit. One of the inspectors investigates substandard housing complains. The Senior Building Inspector also responds to substandard housing complaints. All inspectors are empowered to respond to complaints concerning building construction. Two Health Inspectors reporting to the Senior Building Inspector, who perform food service inspections, inspect public swimming pools and investigate the stagnant water, food service and other complaints. Two Permit Technicians, a Plans Examiner and a Senior Plans Examiner perform plans review. The Senior Plans Examiner primarily reviews commercial plans and is the immediate supervisor for the plan review staff. The Landscape Administrator who is in the Planning Division performs the landscape inspections and code compliance. The Building Inspection Division is responsible for four primary areas of community code enforcemeN (1) building construction (2) substandard housing (3) food service and (4) swimming pools. Code Compliance Services Building Construction - The division performs plan review and inspection services for new building construction and alterations/additions as well as responds to and investigates compliance on code violations. Standards for enforcemeN are included in the International Building Code Series, National Electric Code and the Denton DevelopmeN Code. The City of DeNon has adopted local amendmeNs to the International Codes as recommended by the North Texas Council of Governments. Erosion coNrol is enforced at sites with active building permits. Plan review and inspections are also performed for compliance with the landscaping requiremeNs of Chapter 35.13 of the Development Code. Inspections include initial installation and follow up inspections on proper maintenance. Substandard Housing - Building inspectors inspect structures for compliance with Chapter 28 of the Code of Ordinances that establishes minimum health and safety standards for building occupancy and a formal process for investigation and classification of buildings as substandard. Most investigations are generated by complaints while other investigations result from follow up on fire damaged structures. The Community DevelopmeN DepartmeN has a major role by providing funding for demolition of substandard structures. 10 Food Service - Health Inspectors inspect food service establishments for compliance with the Chapter 13 of the Code of Ordinances that was updated this year to incorporate the latest revisions to state regulations. Our goal is to inspect each food service establishment three times a year. The division issues food handler cards to restaurant employees. In addition to routine inspections, the inspectors respond to complaints about food service establishments and also check locations for beer and wine sales permits Swimming Pools - Health Inspectors inspect all public swimming pools pursuant to Chapter 14 of the Code of Ordinances. Inspectors respond to complaints concerning public swimming pools and have enforcement power through Chapter 14. Stagnant water complaints are also investigated on a complaint basis. Calendar Year Building/Code Enforcement Activity Building Construction: Inspections Performed Permits issued Complaints Received Landscape Inspections 22,833 5,344 162 310 Substandard Housing: Current No. Of Substandard Building Cases Tenant Complaints Received Estimated Inspector Hours Per Case Houses Demolished by Community Development Average Cost of Demolition (Per the Community Development Department) 18 23 8 5 $3,500 Consumer Health: Food Service Inspections Complaints Received Swimming Pool Inspections Beer/Wine Inspections Current Stagnant Water Cases 1,527 76 466 282 10 The Planning and Development Department is a contributor to the team performing code enforcement citywide. The Building inspection Division provides a high level of service to the community in code enforcement. Our use of combination inspectors, while productive, places demands on our staff to be knowledgeable in a whole array of technical subjects. The building inspections program is almost exclusively response driven depending upon permit applications received, inspections requested and complaints received. Substandard housing cases are primarily generated by complaints. A review of this program to consider becoming more proactive in order to achieve community appearance and safety goals is in order. A neighborhood drive-by survey and other research to gauge 11 the condition of our community housing stock are being considered. An update to Chap. 28 of the Code of Ordinances to ensure that we are in compliance with the latest code changes and state laws is planned. The Consumer Health program is being proactive in our food service and swimming pool inspection efforts while also responding to complaints in a timely manner. Time management by our staff is a key to success. Keeping ordinances updated, such as the recent update to the food service ordinance, is important along with training of staff to stay current on new health information. The landscape inspections performed are the absolute minimum to ensure that required landscaping has been installed. Annual inspections to ensure ongoing maintenance of required inspections are being performed. Planning is working with the Solid Waste Division to set service standards that will improve the appearance of our community. WATERSHED PROTECTION The Watershed Protection Department is located in the Utilities Department. It was formed in 2001 to meet the requirements of the Environmental Protection Agency (EPA) and the Texas Commission on Environmental Quality (TCEQ) Phase II storm water program. The Department is responsible for monitoring water quality; ensuring compliance in municipal construction projects and municipally-owned regulated industries, including the landfill, water reclamation plant and airport; and the management of Denton's citywide municipal separate storm sewer system, or MS4 permit. The Department also provides technical expertise to the Planning Department for reviews of Environmentally Sensitive Areas (ESA) and is the coordinating department for the City's mosquito control program. The Watershed Department is afforded no regulatory authority through the Municipal Code. Incidents of non-compliance are addressed first through a cooperative effort to abate a violation. If such efforts are unsuccessful, the Watershed Department may report violations to the TCEQ or the EPA. Similarly, the Department reports observed violations related to erosion control and stagnant water to the appropriate City department and provides technical expertise if needed. The regulations of gas exploration contained in Subchapter 22 of the Development Code were recently revised. An oil and gas inspector was added to the Watershed Protection Department. This inspector is afforded some regulatory authority, including the authority to issue citations and stop work permits through the authority of the Fire Marshall. Respectfully s~ubmitted, Charles Wiley Chief of Police 12 Prepared by: Joanie Housewright Captain Operations Bureau 13 City of Denton White Paper Rental Property Zssues 3une- 2004 Created By: Kelly Carpenter, Director - Planning and Development With the assistance of: Pamela Rambo-Estill - Assistant to the City Manager Gincy Thoppil - Planner ! Cpt. 3oanie Housewright - Police Captain Rental Proper~y Issues -July 2004 Page 1 Denton City Council members requested that staff research how comparable communities address rental property issues, particularly how they address regulating the condition of residential rental units. The paper also responds to Council concerns about code enforcement and community appearance and specifically explores the following: · Deteriorating rental single-family and rental multi-family structures and their impact on neighborhoods and appearance. · Regulation and inspection of rental residential property Residential Rental Properties in Denton According to the 2000 Census, 400 apartment complexes, containing 13,908 units of varying ages, existed in the City of Denton. The following lists the age of the units: · 886 units, or 6.3%, were less than 5 years old · 74 units, or 0.5%, were 5 to 10 years old · 3240 units, or 23.2%, were 10 to 15 years · 2089 units, or 15%, were 15 to 20 years · 7619 units, or 55%, were more than 20 years old Age can be an indicator the existence of sub-standard housing. Over 93% of the apartment units in Denton exceed ten years in age. The 2000 Census found there were 18,013 renter occupied units in Denton and of those, 13,359 were multi-family units, 4,220 were single and two-family rented units and 434 were classified as other units (mobile homes, boats, rvs, etc.) We do not know the location of the 5000 single and two family rental units although we attempted to use utility bills to assist in that we were not successful. RESIDENTIAL HOUSING ESTIMATES: (using census 2000 data as the base, and then adding on the housing stock using building permits data) Census 2000 (Taken on April 1,2000 32,753 16,400 50.07% 14,544 44.41% 1,809 5.52% Permits issued April 2- Dec 31, 2000 33,102 349 50.60% 0 43.94% 0 5.46% Jan-Dec, 2001 35,110 1,247 51.26% 756 43.58% 5 5.17% Jan - Dec, 2002 36,217 1,077 52.66% 27 42.32% 3 5. O2% Jan - Dec, 2003 37,303 1,065 53.98% 21 41.14% 0 4.87% Jan - Mar, 2004 37,641 338 54.40% 0 40.77% 0 4.83% Total Units (by type) 20,476 15,348 1,817 lThe adopted Denton Plan calls for a 60:40 ratio of SF to MF housing (excluding others) by the year 2020. By the end of the year 2003, the ratio has already reached to 56.75:43.25, and by March 2004 it is 57.16:42.84 Rental Property Issues -July 2004 Page 2 The adopted Denton Plan calls for the accommodation of an additional 27,000 single- family homes and 18,000 multi-family units by the year 2020 to bring the ratio of single to multi-family housing from 51:49 in 1998 to 59:41 in 2020. The table above shows that ratio of single family to multifamily is now at 57.16:42.84 indicating that the city is moving toward its goal. Regulatory Options The following Texas cities have programs specifically designed to address concerns about the condition of rental residential property. CTTY TYPE AND NATURE OF PROGRAM FREQUENCY OF TNSPECTTON Multi-family inspection program / internal Arlington and external inspection Annually Carrollton Multi-family inspection program / internal and external inspection Annually Euless Multi-family inspection program / internal and external inspection Annually Residential Certificate of Occupancy Program When ownership or (covers single family and duplex rental unit tenant changes on Farmers inspections); and single family and Branch Multi-family (apartment complexes) duplexes; inspection program/internal and external Semi-Annually on inspection apartments Multi-family inspection program / external Fort Worth and internal inspection if external fails Bi-Annually inspection Rental property registration and permitting When possible need is Garland program (single and multi-family) / no reported, or ownership regularly scheduled inspection changes Hurst Multi-family inspection program / internal and external inspection Annually Multi-family inspection program / internal Irving and external inspection Semi-Annually Richardson Multi-family inspection program / internal and external inspection Annually The primary purpose of a rental inspections program is to protect public health, safety and welfare of citizens by establishing minimum standards governing use, occupancy, management and maintenance of rental housing. Regulating rental-housing property provides aesthetic and property value benefits and helps to preserve affordable housing stock that is difficult to replace. Five major objectives can be met through a rental property inspection program: · To ensure proper maintenance of rental structures through a regular inspection program. · To remove or rehabilitate deteriorated rental structures throughout the city. Rental Proper~y Issues -July 2004 Page 3 · To eliminate the substandard and health or safety threats associated with some rental units. · To proactively address substandard conditions rather than to react to tenant complaints. · To increase the healthy life of neighborhoods. The cities of College Station, Waco, Norman and Stillwater have considered rental residential inspection programs without implementing them due to cost and property owner opposition. The City of San Marcos reports that the City could not maintain such a program unless significant increases in funding for both equipment and personnel were available. Euless adopted an ordinance that allows for inspections semi-annually. Richardson requires registration and inspections of residential property when there is a change of occupancy Other local governments successfully monitor and regulate rental housing. Lawrence, Kansas enacted an ordinance (April 2001) requiring the permitting of rental single-family residences. The permit may be revoked if nuisance violations occur. The ordinance was passed based on protecting the health, safety and general welfare. Lawrence shares similar characteristics with Denton: o 54% of Lawrence's 31,000 housing units are rental units. (44.4% for Denton in 2OOO) o 50% of Lawrence's households were non-family. (46.9 % for Denton in 2000) o University of Kansas in Lawrence has an enrollment of 28,000 students. (TWU9700. UNT 31,000 in 2003) The following table identifies successful rental programs in university communities in other states for addressing rental residential property concerns. City and # Of Type of Frequency University Population Units Program of Comments :Inspection Mandatory Allows City access to Ames, IA inspection for Every three every rental unit University 48,800 8,850 both single of Iowa and multi- years when and if family necessary Mandatory 3, 4, or 7 The older the units property years, the more frequently Boulder, CO inspection for depending they are inspected. University 95,033 8,500 single and on age of Rentals in/adjacent of Colorado multi-family units and to single family are units zoning inspected more often Mandatory Keeps buildings up to property code, minimizes Lincoln, NE inspection for University 230,000 18,578 single and Annually complaints, may have of Nebraska multi-family reduced fire deaths, units property decline Rental Proper~y Issues -July 2004 Page 4 Other Regulatory Options · Inspections The definition of family in the Development Code is "Two or more persons occupying a single dwelling unit where all members are related by blood, marriage or adoption. No single dwelling unit shall have more than four unrelated individuals residing therein, nor shall any "family" have, additionally, more than for unrelated individuals residing with such family. The term "family" does not include any organization or institutional group that receives federal or state funding for the care of the individual." [35.23.2] Code enforcement concerning occupancy of single family housing not in compliance with this section is very difficult. Chapter 28 of the Denton Code of Ordinances sets forth minimum housing and building standards. The building official may require a building to be repaired, vacated or demolished. This ordinance aims to repair, vacate or demolish substandard buildings and is not the mechanism for inspecting and licensing rental housing. Denton does not have a proactive enforcement policy; we react to complaints. A new ordinance would be needed if the goal were to inspect and license rental residential property in order to insure that some minimum standard was being met in each unit. Inspecting over 14,000 rental residential units (that's just the multi-family) would take three additional inspectors full time if all 14,000 units were inspected annually. Further, the growth in multifamily (presumed to be rental) is projected to be about 18,000 new units over the next 17 years. That growth would add to the workload of inspectors. A new ordinance would need to carefully consider the definition of family and be constructed so as to continue to allow creative solutions to elderly housing, for example. The number of violations and appeals resulting from the program may result in the need to establish a special "Housing Board of Adjustments". This board would be a citizen advisory board to hear appeals resulting from enforcement actions. The volume of work is likely to overburden the existing Construction Advisory Board. · Certificate of Occupancy The creation of a Certificate of Occupancy requirement for single-family structures upon application for utilities would provide additional enforcement to how a structure is maintained. (The city of Fort Worth has such a single-family certificate of occupancy now.) Building inspections states that many single-family structures used for rental have sub-standard repairs that are not reported until the tenant complains to the city. Additionally, there are many illegally subdivided structures to two or more units, which would also fall under the inspections umbrella. · Condition Survey A housing condition survey could be conducted to identify neighborhoods and housing in decline. Database information could be cross-linked with valuation, land use, building permit and digital photo images of the structures. Eventually the database could be linked to law enforcement and fire for response use. Rental Property Issues -July 2004 Page 5 · Regulation of Conversion of Owner occupied to Rental Occupied The City of Denton currently has not adopted any regulations concerning the conversion of an owner occupied dwelling to a rental unit. Some cities do require a certificate of occupancy when this transfer is made and require rental properties to be brought up to the minimum housing code. A property, neighborhood or subdivision may have private covenants or deed restrictions prohibiting conversion to a rental unit, but such restrictions are voluntary and subject to private enforcement (rather than public enforcement by the city) by other subdivision residents or a neighborhood or homeowners association. Often deed restrictions are not enforced and are not sufficient to postpone or prevent decline. · Insufficient Off-Street Parking Inadequate off-street parking is a frequent concern when a single-family residence is converted to a rental unit. Sine the conversion is unregulated, parking to accommodate a higher level of occupancy (and car ownership) is not enforced. This could be addressed if there were a CO at transfer and the requirement to bring the unit up to minimum housing standards. · Code Enforcement The City of Denton has ordinances to address noise nuisances and unsightly property appearance, but these too have shortfalls with regard to rental property. In the case of rental property, it is the tenant of the property who is initially given notification of code violations. If the violations are not abated (such as for high grass and weed violations), a fine is imposed on the owner or if it is necessary for the city to contract service for abatement, liens are placed. All fines and liens are the responsibility of the owner. · Noise Violations Repetitive noise violations on a single unit in an apartment complex are reported to complex owners. However, with no record of which single-family properties in the community are tenant occupied, there is no procedure in place to alert police to the fact that a repetitive noise nuisance problem may be that of a tenant occupant with the property owner having no knowledge of the problem being caused in the neighborhood by his/her tenant. The City's ability to implement remediation programs or procedures to prevent further property deterioration or to ensure compliance with city codes is limited. Comprehensive Plan Housing Policies and Assumptions On Rental Residential The Comprehensive Plan is supportive of conserving existing housing stock and neighborhoods, of providing a variety of housing types and of enforcing codes to retain safety, value, and appearance of housing and neighborhoods. · Accommodate multi-family residential development in a variety of forms. Many of the deteriorating apartments adjacent to the universities could be renovated or redeveloped as new student housing in order to better support the need s of UNT and TWU. Additionally, other types of attached residential development such as town homes should be considered. It is recommended that multi-family development be located in areas that provide transitions between lower and higher intensity uses, and in a manner that will not negatively impact Rental Property Issues -July 2004 Page 6 surrounding uses. Additionally, multi-family uses should be located in small groupings around the city in a manner that provides a mix of uses and densities rather than concentrating all multi-family uses in one area, which can have negative impacts upon the city (p.24). Provide a level of enforcement that ensures the standards are applied uniformly to all areas and structures in the city and that ensures the standards are not used as an instrument for harassment of any person. Promote community pride and economic values while curtailing the expansion of urban blight. Establish measurable goals based on identified community needs. Pursue violations actively rather than reactively. Remember that compliance is the primary objective while penalties and/or punishment are secondary (p. 99). The range of housing types available for the specialized needs of the elderly, disabled, Iow-income, students, single-person, or female-headed households should be acknowledged as part of a strategy to diversify the city's neighborhoods (p. 122). Rental Property Issues - July 2004 Page 7 AGENDA INFORMATION SHEET AGENDA DATE: July 20, 2004 DEPARTMENT: Legal CM/DCM/ACM: Herbert L. Prouty, City Attorney SUBJECT: Receive a report, hold a discussion and give staff direction on the adoption of an ordinance amending Ordinance No. 2001-193 and Section 2-29 of the City Code relating to Rules of Procedure for the City Council of the City of Denton, Texas, and all amending ordinances and repealing and consolidating ordinances 2001-204, 2002-018, 2003-235, 2003- 373, 2004-014 and 2004-033; providing for recording of attendance at council meetings and setting work session times. BACKGROUND: At your June 15, 2004 luncheon work session, you directed that the Rules be amended to provide a process for recording council members as either present or absent at council meetings. Rule 2.3 of your Rules of Procedure currently states that no council member shall be excused from attendance at a meeting except for good and valid reasons. There is no process currently for recording absences. The City Secretary has also requested that we consolidate all amendments to the Rules of Procedure. The last time the Rules of Procedure were consolidated was in May of 2001. Since that time there have been six amendments to the Rules of Procedure. Consolidating these amendments into one ordinance would facilitate your use of the Rules. The proposed Ordinance would consolidate all amendments to the Rules into one document. It also requires the City Secretary to record, in the minutes for each meeting, each member of the Council as either present or absent. It will be the duty of each council member to report to the City Secretary any anticipated absence before the meeting. The Ordinance also makes a minor change to Section 2.4 "Misconduct" due to your adoption of an Ethics Policy. The change merely indicates that any punishment that the Council may give for misconduct will be consistent with any adopted Ethics Policy. Finally, the Ordinance changes the times of workshop meetings in Section 4.3 of the Rules to make it consistent with current practice. It also allows the agenda committee to adjust the times of workshop meetings to provide for more flexible scheduling. Finally, it changes Section 7.1 to allow for electronic presentation of ordinances and to clarify that Council may amend ordinances at the same meeting ordinances are presented. PRIOR ACTION/REVIEW: These amendments of the Rules were all discussed and recommended at your June 15, 2004 lunch work session meeting. Agenda Information Sheet July 20, 2004 Page 2 OPTIONS: 1. Enact the Ordinance consolidating previous amendments to the Rules of Procedure and establishing a method for recording absences. 2. Council can pass the Ordinance with changes from the current language. 3. Council can refuse to adopt the Ordinance. RECOMMENDATION: Staff recommends Council adopt the Ordinance consolidating the various amendments to the Rules into one document. This will facilitate easy reference to the Rules and provide a process for accurately recording council members attendance at Council meetings. FISCAL IMPACT: This Ordinance has no fiscal impact. Respectfully submitted: Herbert L. Prouty City Attorney ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2001-193 AND SECTION 2-29 OF THE CITY CODE RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AND ALL AMENDING ORDINANCES AND REPEALING AND CONSOLIDATING ORDINANCES 2001-204, 2002-018, 2003-235, 2003-373, 2004-014 and 2004-033; PROVIDING FOR RECORDING OF ATTENDANCE AT COUNCIL MEETINGS AND SETTING WORK SESSION TIMES; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Constitution and Laws of the State of Texas, and Section 2.07 of the City Charter of the City of Denton, Texas, authorize the City Council of said City to promulgate and establish rules of procedure to govem and conduct meetings, order of business, and decorum, while acting as a legislative body representing said City; and WHEREAS, because of its desire to more effectively and efficiently serve the public through the medium of public meetings, it has become necessary to amend and consolidate all amendments of the City Council Rules of Procedure; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SF, CTION 1. That Ordinance Numbers 2001-193, 2001-204, 2002-018, 2003-235, 2003- 373, 2004-014 and 2004-033 and Section 2-29 of the City Code are hereby amended and consolidated into one Ordinance known as the Denton City Council Rules of Procedure to read as follows: 1. (2-29(a)) AIITHORIT¥ 1.1(1) Charter: Pursuant to the provisions of Section 2.07 of the Charter of the City of Denton, Texas, the City Council hereby enacts these rules of procedure for all meetings of the City Council of the City of Denton, Texas. During any meeting, a reasonable opportunity shall be given for citizens to be heard under these rules. These Rules of Procedure are enacted as guidelines to be followed by all persons in the Council Chamber including the city administrative staff, news media, and visitors. 2. (2-29(b)) GF~NF~RAI~ RIII~F.S 2.1 (1) Meetings to be lh~blic: All official meetings of the Council and Council committees and subcommittees, except closed meetings permitted by the provisions of the Texas Open Meetings Act, Chapter 551, TEX. GOV'T. CODE ANN. (Vernons Annotated Texas Civil Statutes 2003 (Vemons), as amended, shall be open to the public. 2.2 (2) Quorum: Four members of the Council shall constitute a quorum for the transaction of business. (Charter, Section 2.06) 2.3 (3) Compelling Attendance: No member shall be excused from attendance at a Council meeting except for good and valid reasons. It will be the duty of the Council member to notify the City Secretary prior to the meeting at which he or she is going to be absent. The City Secretary will record each Council member as being present or absent as a part of the minutes prepared for each Council meeting. 2.4 (4) Misconduct: The Council may punish its own members for misconduct consistent with any Ethics Policy adopted by the Council. 2.5 (5) Minutes of Meetings: An account of all proceedings of the Council shall be kept by the City Secretary and shall be entered in a book constituting the official record of the Council. A certified agenda shall be prepared for all closed meetings and shall be approved by the Mayor in accordance with Chapter 552, TEX. GOV'T. CODE ANN. (Vemons 2003), as amended. 2.6 (6) Questions to Contain One Suboiect: All questions submitted for a vote shall contain one subject, except the City Council may approve all items which are on the consent agenda in one motion, regardless of how many subjects are contained in the consent agenda, so long as all items have been properly posted in accordance with the Texas Open Meetings Act and have not been removed from the consent agenda by a Council member. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. 2.7 (7) Right of' Floor: Any member desiring to speak shall be recognized by the Chairperson, and shall confine his or her remarks to the subject under consideration or to be considered. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. 2.8 (8) City Manager: The City Manager, or Acting City Manager, shall attend all meetings of the Council unless excused. He or she may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote. (Charter, Section 5.03 (d)). 2.9 (9) City, Attorney: The City Attorney, or Acting City Attorney, shall be available upon request for all meetings of the Council unless excused and shall, upon request, give an opinion, either written or oral, on questions of law. The City Attorney shall act as the Council's parliamentarian. 2.10 (10) City, Secretary,: The City Secretary, or Acting City Secretary, shall attend all meetings of the Council unless excused, and shall keep the official minutes and perform such other duties as may be requested by the Council. 2.11 (11) Officem and Employees: Any officer or employee of the City, when requested by the City Manager, shall attend any meeting of the Council. If requested to do so by the City Manager, such employee may present information relating to matters before the Council. 2.12 (12) Rules of Order: These rules govern the proceedings of the Council in all cases, except that where these rules are silent, the most recent Edition of Robert's Rules of Order revised PAGE 2 shall govern. 2.13 (13) Suspension of Rules: Any provision of these rules not govemed by the City Charter or Code may be temporarily suspended by the affirmative vote of four members of the Council. The vote on any such suspension shall be taken by yeas or nays and entered into the minutes of the Council. 2.14 (14) Amendment of Rules: These rules may be amended, or new rules adopted by the affirmative vote of four members of the Council, provided that the proposed amendments or new rules shall have been introduced before the City Council at a prior Council meeting. 3. (2-29(c)) CODE OF CONDIICT 3.1 (1) Council members: a. During Council meetings, Council members shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe the rules of the Council. b. A Council member, once recognized, shall not be interrupted while speaking unless called to order by the Mayor or presiding officer, unless a point of order is raised by another member or the parliamentarian, or unless the speaker chooses to yield to questions from another member. If a Council member is called to order while he or she is speaking, he or she shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled not to be in order he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the Council. 3.2 (2) Administrative Staff: a. Members of the Administrative staff and employees of the City shall observe the same rules or procedure and decorum applicable to members of the Council, and shall have no voice unless and until recognized by the Chaff. b. While the presiding officer shall have the authority to preserve decorum in meetings as far as staff members and City employees are concerned, the City Manager also shall be responsible for the orderly conduct and decorum of all City employees under his or her direction and control. c. The City Manager shall take such disciplinary action as may be necessary to insure that such decorum is preserved at all times by City employees in Council meetings. d. All remarks and questions addressed to the Council shall be addressed to the Council as a whole and not to any individual member thereof. e. No staff member, other than a staff member having the floor, shall enter into any discussion either directly or indirectly without permission of the presiding officer. PAGE 3 3.3 (3) CitiTens: a. Citizens and other visitors are welcome to attend all public meetings of the City Council, and will be admitted to the City Council Chamber or other room in which the City Council is meeting, up to the fire safety capacity of the room. b. All meeting attendees shall conduct themselves with propriety and decorum. Conversations between or among audience members should be conducted outside the meeting room. Attendees will refrain from excessively loud private conversations while the Council is in session. c. Unauthorized remarks from the audience, stamping of the feet, applauding, whistles, yells, and similar demonstrations shall not be permitted. d. Placards, banners, or signs will not be permitted in the City Council Chamber or in any other room in which the City Council is meeting. Exhibits, displays, and visual aids used in connection with presentations to the City Council, however, are permitted. e. Audience members may not place their feet on any chairs in the City Council Chamber or other room in which the City Council is meeting. f. Only City Council members and City staff may step on to the dais. g. All people wishing to address the City Council shall first be recognized by the presiding officer and shall limit their remarks to the matter under discussion. h. All remarks and questions addressed to the City Council shall be addressed to the City Council as a whole and not to any individual members. i. Any person addressing the City Council in the City Council Chamber shall do so from the lectern unless physically unable to do so. People addressing the City Council shall not be permitted to approach the dais. If they wish to hand out papers or other materials to the City Council, they should express that desire to the presiding officer, and the City Manager shall direct a staff member to hand out the materials. j. When the time has expired for a presentation to the City Council, the presiding officer shall direct the person speaking to cease. A second request from the presiding officer to cease speaking shall be cause of the removal of the speaker if that person continues to speak. k. Equipment, apparatus, or paraphernalia such as camera tripods, easels, or wheelchairs shall not obstruct, block, or otherwise be located in the doorway, entranceway, or walkways of the City Council Chambers or of any other room in which the City Council may choose to meet. Representatives of the electronic media may set up cameras and other equipment only in the back of the room. It is permissible for television camera operators to film for short periods of time (several minutes) from the entranceway to the City Council Chambers using hand-held cameras PAGE 4 only. Any radio station, which broadcasts the regular City Council meetings live may hook their equipment up at the front of the room as long as it remains out of sight and out of the way. 1. There will be a uniformed City of Denton police officer present at all regular meetings of the City Council. This police officer shall act in the capacity of a security officer/sergeant-at- arms, and shall enforce the meeting rules and act upon the direction of the presiding officer. m. Any person making personal, impertinent, profane, or slanderous remarks, or who becomes boisterous while addressing the City Council or who otherwise violates any of the above-mentioned rules while attending a City Council meeting shall be removed from the room at the direction of the presiding officer, and the person shall be barred from further audience before the City Council during that session of the City Council. If the presiding officer fails to act, any member of the City Council may move to require the offending person's removal, and the affirmative vote of a majority of the City Council shall require the presiding officer to act. The sergeant-at-arms, if so directed by the presiding officer or an affirmative vote of the majority of the City Council, shall remove the offending person from the meeting. 3.4 (4) Enforcement: The City Manager, in the absence of a designated law enforcement officer, shall act as Sergeant-at-Arms for the Council, and shall furnish whatever assistance is needed to enforce the rules of decorum herein established. 3.5 (5) Seating Arrangement: The City Secretary, City Manager and City Attorney shall occupy the respective seats in the Council Chamber assigned to them by the Mayor, but any two or more members of the Council may exchange seats. 4. (2-29(d)) TYPES OF MEETINGS 4.1 (1) Regular Meetings: The Council shall meet at 6:30 p.m. on the first and third Tuesday of each month, with executive sessions (closed meetings) of the Council commencing at 5:30 p.m., or at any other time set by the Council, unless the meeting is postponed or cancelled for valid reasons. All regular meetings of the Council will be held in the Municipal Building at 215 East McKinney Street, Denton, Texas or at such other location as the City Council may, by motion, resolution or ordinance from time to time designate. 4.2 (2) Special Meetings: Special meetings may be called by the Mayor, the City Manager, or by any three members of the Council. The call for a special meeting shall be filed with the City Secretary in written form, and he or she shall post notice thereof as provided by the Texas Open Meetings Act, TEX. GOV'T. CODE ANN. § 551.001, et seq. (Vernons 2003, as amended). The Mayor, City Manager, or three of the council members may designate a location for the special meeting other than the Municipal Building as long as the location is open to the public. 4.3 (3) Workshop Meetings: Workshop meetings or work sessions may be held from 4:30 p.m. to 5:15 p.m. on the first and third Tuesday of each month, or at such other times the Agenda Committee may designate, to discuss near to mid range issues. Workshop meetings or work sessions may be held from 5:15 p.m. to 6:30 p.m. or at such other times as the agenda committee may designate, on the first and third Tuesday of each month, to answer Council questions PAGE 5 concerning consent agenda items. Workshop or Work Sessions may be held from 4:00 p.m. to 6:30 p.m. or at such other times as the Agenda Committee may designate, on the second Tuesday of each month to discuss mid to long-range issues. Workshops or Work Sessions may be called using the same procedure required for special meetings as provided for in Section 4.2(2) above. The purpose of the workshop meeting is to discuss or explore matters of interest to the City, to meet with City boards, commissions, or committee members, City staff or officers of civic organizations, governing bodies or individuals specifically invited to the session by the Mayor, Council or City Manager. These meetings are informational and normally, no final action shall be taken unless the posted agenda indicates otherwise. Citizens or other interested persons attending the work session will not be allowed to participate in the session unless invited to do so by the Mayor. Citizens should be advised of the nature of the work session and that their input may be received and considered at a regularly scheduled council meeting where the agenda provides for final action to be taken on the matter. The purpose of this procedure is to allow the citizens attending the regular meeting the opportunity of hearing the views of their fellow citizens in a more formal setting. Any citizen may supply the City Council a written statement or report regarding the citizen's opinion on a matter being discussed in a work session. If the Mayor invites citizens to participate in a work session, their participation will cease at the point the Mayor closes the session to public input to allow the Council to give City staff direction as to needed information for the possible future meeting without distracting comment from the audience. 4.4 (4) F~me~ency Meetings: In case of emergency or urgent public necessity, which shall be expressed in the notice of the meeting, an emergency meeting may be called by the Mayor, the City Manager or by three members of the Council, and it shall be sufficient if the notice is posted two hours before the meeting is convened. 4.5 (5) Closed Meetings: The Council may meet in a closed meeting pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, TEX. GOV'T CODE ANN. (Vernons 2003), as amended. 4.6 (6) l~ecessed Meetings: Any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 4.7 (7) Notice of' Meetings: The agenda for all meetings, including Council Committee or Subcommittee meetings, shall be posted by the City Secretary on the City's official bulletin board and notice of all meetings shall be given by the City Secretary pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, TEX. GOV'T CODE ANN. (Vernons 2003, as amended.) 5. (2-29(e)) PRESIDING OFFICER AND DIITIES 5.1 (1) Presiding Officer: The Mayor, or in the absence of the Mayor, the Mayor Pro-Tem, shall preside as chairman, or presiding officer at all meetings of the Council. In the absence of both the Mayor and Mayor Pro-Tem, the Council shall elect a temporary presiding officer. (Charter, Section 2.03) 5.2 (2) Call to Order: The meetings of the Council shall be called to order by the Mayor, or in his or her absence, by the Mayor Pro-Tem. In the absence of both the Mayor and the Mayor Pro- PAGE 6 Tem, the meeting shall be called to order by the City Secretary, and a temporary presiding officer shall be elected as provided above. 5.3 (3) Preservation of Order: The presiding officer shall preserve order and decorum, and confine members in debate to the question under discussion. The presiding officer shall call upon the Sergeant-at-Arms as necessary to enforce compliance with the rules contained herein. 5.4 (4) Points of Order: The presiding officer shall determine all points of order, subject to the fight of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the presiding officer be sustained?". If a majority of the members present vote "No", the ruling of the chair is overruled; otherwise, it is sustained. 5.5 (5) Questions to be Stmed: The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any member, and upon the passage of all ordinances and resolutions. 5.6 (6) Substitution for Presiding Officer: The presiding officer may call any other member to take his or her place in the chair, such substitution not to continue beyond adjournment. 5.7 (7) Call for Recess: The presiding officer may call for a recess of up to fifteen (15) minutes at regular intervals of approximately one hour at appropriate points in the meeting agenda, or if requested by any two members. 6. ORDER OF BUSINESS (Section 2-29 (f) 6.1 (1) Agenda: The order of business of each meeting shall be as contained in the agenda prepared by the City Manager, which shall be reviewed and approved by an Agenda Committee composed of the Mayor, the Mayor Pro Tem, and the City Manager. When items are removed from the consent agenda and placed on the regular agenda by members of the Council, the removed items shall be taken up in the order of removal right after the consent agenda. Placement of items on the agenda shall be govemed by this Section and Section 6.3; provided that if a Council member has an "emergency" item that the Council member believes should be placed on the next regular or special meeting agenda, the placement must be approved by two members of the Agenda Committee. Conduct of business at special meetings and Council Committees and subcommittees will likewise be governed by an agenda and these Rules of Procedure. 6.2 (2) Pledge of Alleoance: Each agenda shall provide an item for the recital of the "Pledge of Allegiance" at the regularly scheduled city council meetings. This item shall begin with the recital of the pledge of allegiance for the United States flag and shall follow with a recital of the pledge of allegiance for the Texas state flag in accordance with article 6139 (b) of Vemons Annotated Texas Civil Statutes. 6.3 (3) Presentations by Members of Council: The agenda shall provide a time when the Mayor or any Council member may bring before the Council any business that he or she feels should be deliberated upon by the Council at a future Council meeting. These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred PAGE 7 until a subsequent Council meeting. Any member may suggest an item for discussion at a future work session. The City Manager or city staff shall only respond preliminarily on this item at the work session. If the City Council believes the item requkes a more detailed review, the Council will give the City Manager or City Staff direction to place the item on a future regular meeting agenda and advise staff as to the background materials to be desked at such meeting. 6.4 (4) Presentation by Citizens: a. Citizen Reports: Any person who wishes to place a subject on the Council agenda at regular City Council meetings shall advise the City Manager's office of that fact and the specified subject matter which he or she desires to place on the agenda no later than 5:00 p.m. Wednesday prior to the Council meeting at which he or she wishes the designated subject to be considered. A time for such citizen reports shall be provided on the agenda after the pledge of allegiance, approval of the minutes, and the presentation of proclamations. Any speaker providing a citizen report shall speak for no longer than five (5) minutes on all items that he or she may bring before the Council at each meeting, unless the Mayor or the majority of the Council grants an extension of time. No citizen may fill out a "request to speak" form or have an opportunity to speak or comment on another citizen's report which is given at the same Council meeting. b. Speaking on Regular and Consent Agenda ltems: Anyperson who wishes to address the Council regarding a non-public heating item that is on the Council's agenda for a regular or special meeting, shall complete a "request to speak" form asking to speak regarding the item and shall return it to the City Secretary before the Council considers the item. Any person wishing to address the Council on a public hearing item should complete a request to speak form and retum it to the City Secretary. The Mayor will call upon the citizen to speak for no longer than three minutes as that particular agenda item is considered by the City Council except that persons giving citizen reports and applicants and their agents on public heating items shall be allowed to speak for no longer than five (5) minutes or as indicated in paragraph 6.5 (5) "Time l,imits," The provisions of this paragraph do not apply to workshop meetings, and a citizen's tight to speak and provide input at these meetings shall be limited and controlled by subsection 4.3 (2-29(d)(3)) "Workshop Meetings". c. Any person who wishes to address the Council at a public heating should complete a "request to speak" form and return it to the City Secretary before the applicable heating. The Mayor will call upon the citizen to speak for no longer than three (3) minutes or five (5) minutes for applicants and their agents in accordance with paragraph 6.5(5) "Time ! Jmits." d. Any group or organization comprised of ten or more members present in the City Council Chambers who wishes to address the Council at a public heating or on a non-public heating agenda item shall designate a representative to address the City Council and shall limit their remarks to ten (10) minutes or less. 6.5 (5) Time l,imits: Speakers before the Council shall limit their remarks to three (3) or less minutes or less for public heating items provided that applicants for land use or other public heating items and their agents shall limit their remarks to five (5) minutes or less per speaker and shall have a maximum of fifteen (15) minutes to speak to the item. Citizens reports shall be limited PAGE 8 to five (5) minutes or less. Groups or organizations comprised of ten or more members shall limit their remarks in accordance with the parameters established in paragraph 6.4d(4). At the discretion of the presiding officer or a majority of the City Council, any speaker may be granted an extension of time to speak. 6.6 (6) Oral Presentations by Ci~ Manager: Matters requiring the Council's attention or action which may have developed after the deadline for delivery of the written communication to the Council may be presented orally by the City Manager. If formal Council action on a subject is required, such action may be taken only if the provisions of the Texas Open Meetings Act have been satisfied. 6.7 (7) Presentation of Proclamations: The agenda may provide a time for the presentation of proclamations. The Mayor or presiding officer may deliver and present proclamations upon the request of citizens. Proclamations may encompass any activity or theme except that proclamations with a theme religious or partisan in nature shall not be presented. Moreover, proclamations shall not be used for any commercial or advertising purpose. 7. CONSIDERATION OF ORDINANCES. RESOI~IITIONS. AND MOTIONS (2-29(g)) 7.1 (l) Printed or T~vpewritten Form: All ordinances and resolutions shall be presented to the Council in printed, typewritten or electronic form. The Council may, by proper motion, amend any ordinance or resolution presented to it at the meeting at which it is presented or direct that the amended ordinance be placed on the next or any future Council Agenda for adoption. 7.2 (2) Ci~ Attorney to Approve: All ordinances, resolutions, and contracts and amendments thereto, shall be approved as to form and legality by the City Attorney, or he or she shall file a written opinion on the legality of such ordinance, resolution or contract prior to submission to the Council. (Charter, Section 6.02). 7.3 (3) Distribution of Ordinances and Resolutions: The City Manager shall prepare copies of all proposed ordinances and resolutions for distribution to all members of the Council at the meeting at which the ordinance or resolution is introduced, or at such earlier time as is expedient. 7.4 (4) Recording of Votes: The yeas and nays shall be taken upon the passage of all ordinances and resolutions and the vote of each member shall be recorded in the minutes. (Charter, Section 2.06 (b)). 7.5 (5) Majori~ Vote Required: An affirmative vote of four (4) members is necessary to repeal any ordinance or take any official action in the name of the City except as otherwise provided in the Charter or by the laws of the State of Texas. (Charter, Section 2.06). 7.5.1(a) Tie-Vote: Matters voted on by the City Council which end in a tie-vote shall automatically be placed on each subsequent Council meeting agenda until a full Council is present. 7.6 (6) Demand for Roll Call: Upon demand of any member, the roll shall be called for yeas and nays upon any question before the Council, with the exception of those circumstances set PAGE 9 forth in Section 7_12; The Previous Question. It shall not be in order for members to explain their vote during the roll call. 7.7 (7) Personal Privilege: The fight of a member to address the Council on a question of personal privilege shall be limited to cases in which his or her integrity, character, or motives are assailed, questioned, or impugned. 7.8 (8) Dissents and Protests: Any member shall have the right to express dissent from or protest against any ordinance or resolution of the Council and have the reason therefore entered upon the minutes. Such dissent or protest may be filed in writing, and presented to the Council not later than the next regular meeting following the date of passage of the ordinance or resolution objected to. 7.9 (9) Voting Required: No member shall be excused from voting except for lack of information and except on matters involving the consideration of his or her own official conduct, or where his or her personal interests are involved in accordance with Chapter 171, TEX. GOV'T. CODE ANN. (Vemons 2003), and in these instances he or she shall abstain. Any member prohibited from voting by personal interest shall announce this at the commencement of consideration of the matter and shall not enter into discussion or debate on any such matter and shall leave the meeting room. The member having briefly stated the reason for his or her request, the excuse from voting shall be made without debate. 7.10 (t0) Order of Precedence of Motions: a. The following motions shall have priority in the order indicated: t. Adjourn (when unqualified) and is not debatable and may not be amended; 2. Take a recess (when privileged); 3. Raise a question of privilege; 4. Lay on the table; 5. Previous question (2/3 vote required); 6. Limit or extend limits of debate (2/3 vote required); 7. Postpone to a certain time; 8. Commit or refer; 9. Amend; t0. Postpone indefinitely; PAGE 10 11. Main Motion. b. The first two motions are not always privileged. To adjourn shall lose its privilege character and be a main motion if in any way qualified. To take a recess shall be privileged only when other business is pending. c. A motion to adjourn is not in order: 1. When repeated without intervening business or discussion; 2. When made as an interruption of a member while speaking; 3. While a vote is being taken. d. Only certain motions may be amended as provided in the most current edition of Robert's Rules of Order, revised. A motion to amend shall be undebatable when the question to be amended is undebatable. 7.11 (11) Reconsideration: A motion to reconsider any action of the Council can be made not later than the next succeeding official meeting of the Council. Such a motion can only be made by a member who voted with the prevailing side. It can be seconded by any member. In order to comply with the Texas Open Meetings Act, any Council member who wishes to make such a motion at a meeting succeeding the meeting where the action was taken shall notify the City Manager to place the item for reconsideration on the Council agenda. No question shall be twice reconsidered, except by unanimous consent of the Council, except that action related to any contract may be reconsidered at any time before the final execution thereof. A matter which was not timely reconsidered in the manner provided by this section or was reconsidered but the action originally taken was not changed by the Council cannot be reintroduced to the Council or placed on a Council meeting agenda for a period of six (6) months unless this rule is suspended as provided for in these Rules of Procedure. 7.12 (12) The Previous Question: When the previous question is moved and seconded, it shall be put as follows: "Shall the main question be now put?". There shall then be no further amendment or debate; except that nothing herein shall allow the previous o~mstion to be called prior to a least one opportunity for each member of the Council to speak on the question before the Council. Any pending amendments shall be put in their order before the main question. If the motion for the previous question is lost, the main question remains before the Council. An affirmative vote of 2/3 of the Council shall be required to move the previous question. To demand the previous question is equivalent in effect to moving "That debate now cease, and the Council shall immediately proceed to vote on the pending motion". In practice, this is done with the phrase "Call for the question", or simply saying "Question". 7.13 (13) Withdrawal of Motions: A motion may be withdrawn, or modified, by its movant without asking permission until the motion has been stated by the Presiding Officer. If the movant modifies his or her motion, the seconding council member may withdraw his or her second. After the question has been stated, the movant shall neither withdraw it nor modify it without the PAGE 11 consent of the Council. The subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. 7.14 (14) Appropriations of Money: Before formal approval by the Council of motions providing for appropriation of money, information must be presented to the Council showing purpose of the appropriation. In addition, before finally acting on such an appropriation, the Council shall obtain a report from the City Manager as to the availability of funds and his or her recommendations as to the desirability of the appropriation. 7.15 (15) Transfer of Approprimions: At the request of the City Manager, at any time during the fiscal year, the Council may by resolution transfer an unencumbered balance of an appropriation made for the use of one department, division, or purpose; but no transfer shall be made of revenues or eamings of any non-tax supported public utility to any other purpose. 8. CREATION OF COMMITTEES. BOARDS AND COMMISSIONS (2-29(h)) 8.1 (1) Council Committees: The Council may, as the need arises, authorize the appointment of the "ad hoc" Council committees. Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Council. 8.2 (2) Citizen Floards; Commissions; and Committees: The Council may create other Committees, Boards and Commissions to assist in the conduct of the operation of the City govemment with such duties as the Council may specify not inconsistent with the City Charter or Code. Memberships and selection of members shall be as provided by the Council if not specified by the City Charter or Code. Any Committee, Board, or Commission so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority of the vote of the Council. No Committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter or Code. 8.3 (3) Appointments: a. Individual City Council members making nominations for members to citizen boards and commissions will consider interested persons on a citywide basis. b. The City Council will make an effort to be inclusive of all segments of the community in the board and commission appointment process. City Council members will consider ethnicity, gender, socio-economic levels, and other factors to ensure a diverse representation of Denton citizens. c. The City Council will take into consideration an individual's qualifications, willingness to serve, and application information in selecting nominations for membership to each board and commission. PAGE 12 d. In an effort to ensure maximum citizen participation, City Council members will continue the general practice of nominating new citizens to replace board members who have served three consecutive, full terms on the same board. e. Each City Council member will be responsible for making nominations for board and commission places assigned to him or her, which may correspond to the City Council member's place. Individual City Council members will make nominations to the full City Council for the governing body's approval or disapproval. 8.4 (4) Rules of Procedure: Board and Commission members shall comply with the provisions of Article IH of Chapter 2 of the Code of Ordinances. Each Board shall be provided a copy of these rules of procedure and each advisory board shall adopt rules of procedure governing the operation of its board, incorporating Sections 2, 3, 5, and 7 hereof insofar as is possible. 9. VOTES REQIIIRED (2-20 (i)) Questions on which the voting requirement is varied by the Charter, State Statutes and these rules are listed below: 9.1 (1) Charter and State Statutory Requirements: a. Charter Amendment - Five Votes: Ordinances submitting proposed Charter amendments must be adopted by a two-thirds vote of the Council. (Article XI, Section 3, Texas Constitution and Chapter 9, Texas Local Government Code (Vemons 2003.) For a seven member Council, this means five members must vote affirmatively. b. l,evyfi'ng Taxes - Five Votes: Ordinances providing for the assessment and collection of certain taxes require the approval of two-thirds of the members of the Council (Section 302.101, Texas Tax Code) (Vemons, 2003) c. Changing Paving Assessment Plans - Five Votes: Changes in plans for paving assessment require a two-thirds vote of the Council. (Section 313.053(e) Transportation Code, Vernons 2003.) d. Changes in Zoning Ordinance or Zoning Classifications: In cases of a written protest of a change in a zoning regulation or zoning classification by the owners of twenty (20%) percent or more either of the area of the lots included in such proposed change, or of the lots immediately adjoining the same and extending two hundred feet (200') therefrom, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the City Council; six (6) votes of the City Council is required to override the decision of the Planning and Zoning Commission that a zoning change be denied. e. Amendment of Tax Abatement Policy: The guidelines and criteria adopted as the City's Tax Abatement Policy may be amended or repealed by a vote of three-fourths (3/4) of all members of the City Council. (Section 312.002(c)) Texas Tax Code (Vernons 2003) PAGE 13 10. ,qF~VFRAlill ~IT¥ CI ~AII,qF~ That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. ~ That Ordinances 2001-204, 2002-018, 2003-235, 2003-373, 2004-014 and 2004-033 are hereby repealed. SECTION 3. That this Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ., 2004. EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 14 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: July 20, 2004 Finance Kathy DuBose SUBJECT Consider a resolution approving the fiscal year 2005 Financial Plan of the Denco Area 9-1-1 District, pursuant to the Texas Health and Safety Code, Chapter 772, as amended; and providing an effective date. BACKGROUND On June 4, 2004 the City of Denton received a memo from Mike Pedigo, Executive Director of the Denco Area 9-1-1 District, requesting we review their "Draft" fiscal year 2005 Financial Plan. The Texas Health and Safety Code require emergency communication districts to submit the draft budget to its participating jurisdictions for a 45-day review and comment period. For your review, a copy of the "Draft" Financial Plan is attached to the Resolution. FISCAL INFORMATION There are no costs to the City of Denton directly associated with the approval of the Denco Area 9-1-1 District's Financial Plan. EXHIBITS Memo from Mike Pedigo Resolution "Draft" Financial Plan Respectfully submitted: Kathy DuBose Assistant City Manager DENCO AREA 9-1-1 DISTRICT P.O. Box 293058, Lewisville, Texas 75029-3058 Phone/I-FY: 972-221-0911 · FAX: 972-420-0709 · Web Page: www.denco.org To: Denco Area 91 1 District Participating Jurisdictions Date: June 3, 2004 Subject: Denco Area 911 District Fiscal Year 2005 Financial Plan Enclosed is a copy of the "Draft" Denco Area 9-1-1 District Fiscal Year 2005 Financial Plan for your jurisdiction's review and comment. The Texas Health and Safety Code require emergency communication districts to submit the draft budget to its participating jurisdictions for a 45-day review and comment period. After the review and comment period, the district's board of managers adopts a budget for the next fiscal year. A copy of the statute and approval policy is included in Section 5 of the draft plan. At its June 3, 2004 regular meeting, the Denco Area 9-1-1 District Board of Managers unanimously approved the enclosed financial plan for fiscal year 2005. The district requests that your jurisdiction review the fiscal year 2005 proposed budget and submit comments to the Denco board prior to August 4, 2004. At its regular meeting on August 5, 2004, the Denco board will consider final approval of the Denco Area 9-1-1 District Fiscal Year 2005 Financial Plan. At that time the board will consider responses on the draft budget. If the district does not receive a response from individual jurisdictions, it will consider, according to statute, that those jurisdictions support the draft budget. Please fax responses to (972) 420-0709 or mail them to P.O. Box 293058, Lewisville, Texas 75029-3058. Additional copies of the 2005 financial plan can be downloaded from Denco's website, www.denco.org. If you need additional information or have any questions, please do not hesitate to call me at (972) 221-0911. Thanks for your continued support of the Denco Area 9-1-1 District. Michael L. Pedigo, Executive Director Enclosure 1075 Princeton Street, Lewisville, Texas 75067 S:'OL~ Do~lmea~lhy,~lali~g~04~g[ I bu~g~Ld~ RESOLUTION NO. A RESOLUTION APPROVING THE FISCAL YEAR 2005 FINANCIAL PLAN (BUDGET) OF THE DENCO AREA 9-1-1 DISTRICT, PURSUANT TO TEXAS HEALTH & SAFETY CODE §772.309 AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton has been presented the 2005 Draft Financial Plan (Budget) of the Denco Area 9-1-1 District for approval, in accordance with Tex. Health & Safety Code §772.309 (Vernon 1999) as amended; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council of the City of Denton hereby approves the 2005 Fiscal Year Draft Financial Plan (Budget) of the Denco Area 9-1-1 District attached to this Resolution. 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: DENCO AREA 9- 1 - 1 DISTRICT FISCAL YEAR 200~ "DRAFT" FINANCIAL PLAN Denco Area 9-1-1 District Fiscal Year 2005 Financial Plan Section Preface DENCO AREA 9-1-1 DISTRICT P.O. Box 293058, Lewisville, Texas 75029-3058 Phone/TTY: 972-221-0911 · FAX: 972-420-0709 · Web Page: www.denco.org To: Denco Area 91 t District Participating Jurisdictions Date: June 3, 2004 Subject: Denco Area 911 District Fiscal Year 2005 Financial Plan The Denco Area 9-1-1 District's Board of Managers, at its June 3, 2004 regular meeting, approved the "Draft" Denco Area 9-1-1 District Fiscal Year 2005 Financial Plan and authorized district staffto forward it to all participating jurisdictions for consideration. Fiscal year 2004 has been a very productive year for the Denco Area 9-1-1 District. Major accomplishments during the fiscal year includes the following: The district completed its deployment of Phase II enhanced 9-1-1 wireless service. Denco used the financial resources available to it to be one of the first in the nation to provide this service to its constituents. Phase II provides 9-1-1 telecommunicators with the approximate location ofwireless callers. More than 60 percent of the 9-1-1 calls in the district are made from wireless telephones. With the deployment of Phase II, Denco increased its public awareness of the proper use of wireless phones for 9-1-1 and focused much of its training efforts on providing dispatchers with better tools for responding to wireless 9-1-1 calls. A third major accomplishment in 2004 is the development of a business continuity plan that will minimize the effect of a major disaster on district operations. The efficient use of its financial resources in fiscal year 2004 will allow the district to remain financially strong as it continues to provide state-of-the-art services to the Public Safety Answering Points (PSAPs) it serves. The district will be able to rebuild its reserve funds to help pay the balance it owes for Phase II services. The enclosed 2005 financial plan provides for additional enhancements to the current network that will minimize outages during a potential disaster event. It also funds the balance it owes for Phase II services and the addition of PSAP answering equipment at Denton County's new Emergency Operation Center (EOC). In addition, the budget provides for an upgrade to existing 9-1-1 answering equipment that will provide tools that wilt better assist call-takers in processing emergency calls. The Denco Area 9-1-I District is here to serve its member jurisdictions. The district's mission is '~to assist its member jurisdictions respond to police, fire and medical emergency calls by providing an efficient, effective enhanced 9-1-1 emergency telecommunications system". Denco continues to provide more services each year at the same wireline telephone service fee rate since its beginning in 1987. Please call on any board member or the district staff if you have any comments or questions concerning this proposed budget. The district's executive director, Mike Pedigo, would welcome the oppommity to make a presentation to your governing body regarding this budget or any other Denco related matter. Again, thanks for your support of the Denco Area 9-1-1 District. Chairman, Board of Managers 1075 Princeton Street, Lewisville, Texas 75067 DENCO AREA 9-1-1 DISTRICT P.O. Box 293058, Lewisville, Texas 75029-3058 Phone/TTY: 972-221-091 t · FAX: 972-420-0709 · Web Page: www.denco.org To: Denco Area 911 District Participating Jurisdictions Date: June 3, 2004 Subject: Donee Area 911 District Fiscal Year 2005 Financial Plan Enclosed is a "draft" copy of the Denco Area 9-1-1 District Fiscal Year 2005 Financial Plan for your jurisdietion's consideration. Chapter 772.300, Texas Health and Safety Code, requires emergency communication districts to send a draft budget to participating jurisdictions seeking comments. A~er a 45-day review and comment period, the district's board of managers will consider approval of a final budget. Denco's draft financial plan provides for the continued provision of state-of-the-art enhanced 9-1-1 services at the same rate that Donee has collected from district residents since its inception in 1987. The emergency service fee, collected by wireline telephone service providers is $0.27 per month for residential, $0.71 per month for business service and $1.13 per month for PBX trunks. This fee is equal to three percent of the 1987 base telephone rate. Denco continues to provide excellent services to its member jurisdictions at one of the lowest rates in the state. In addition to the emergency service fee collected by local telephone service providers, the State of Texas collects $0.50 per month per wireless telephone. Those fees are remitted to the state. The state then sends a portion of the wireless fund to Denco based on the district's percent of the total population of Texas. The 76~h Texas Legislature passed House Bill 1984 which defined the budget approval process for Chapter 772.300 series emergency communication districts. The following documents are included in Section 5, the Appendix of this financial plan, defining the policies and procedures as well as the statute under which the district operates: A copy of the Denco Area 9-1-1 District Mission, Values and Goals Statement. A copy of the section in House Bill 1984 that pertains to budget approval. A copy of a resolution approved by the Donee Area 9-1-1 District Board of Managers defming procedures for consideration and approval of a budget. A copy of the budget approval policy that provides for amending the approved budget. A copy of Texas Health and Safety Code, Chapter 772.300; the statute under which Donee operates. Even though it is not requked for your governing body to vote on the budget, Denco requests that you review the budget and provide feedback prior to the August 5, 2004 district board of managers' meeting. At that time the board will approve a final budget for fiscal year 2005, which begins October 1, 2004. If there are no changes to the draft budget, the district will notify its members that the budget is approved. If there are any changes, the district will request each jurisdiction to approve the final budget and a copy of that budget will be sent to the governing bodies of participating jurisdictions for consideration. If, at any time, you have any questions or would like additional information, please do not hesitate to call me at (972) 221-0911. Thanks for your continued support of the Donee Area 9-1-1 District. Michael L. Pedigo, Executive Director 1075 Princeton Street, Lewis¥ille, Texas 75067 Denco Area 9-1-1 District Fiscal Year 2005 Financial Plan Section 2 District Overview IILIIIIIII DENCO AREA 9-1-1 DISTRICT DISTRICT OVERVIEW Background Information What is E9-1-1 ? Enhanced Nine-One-One (E9-1-1) is a single, easy-to-remember number used when reporting emergencies to fire, police and emergency medical service providers. The E9-1-1 system, operational in the Denco Area 9-1-1 District, is designed to.automatically route any 9-1-1 call, placed from a telephone instrument (including wireless) within the district's geographical boundaries, to the proper public safety answering point (PSAP) responsible for dispatching emergency services to the caller. 9-1-1 Terminology 94-1 (Nine-one-one). An easy-to-remember, easy-to-dial three-digit emergency telephone number developed to provide citizens a reliable, fast and convenient way to access fire, police, or medical service providers in the event of an emergency. District (Denco Area 9-1-1 District). The entity that provides enhanced 9-1-1 service in Denton County. A board of managers appointed by participating jurisdictions governs the district. The district serves Denton County and ali of the City of Carrollton. E9-1-1 (Enhanced 9-1-1). The system that is operational in Denton County providing SR, ANI and ALI (def'med below). District Overview June 3, 2004 GIS (Geographic Information Systems). The technology used to develop the mapped display of Denton County. PSAP (Public Safety Answering Point). The location of the equipment used to answer 9-1-1 emergency calls. The following are the twelve (12) PSAPs that are currently capable of answering 9- I- 1 calls in the Denco Area 9-1-1 District: City of Carroltton Police Department City of Denton Police Department Denton County sheriffs Office Town of Flower Mound Police Department City of Highland Village Police Department City of Roanoke Police Department City of Lake Dallas Police Department City of Lewisville Police Department City of The Colony Policy Department University of North Texas Police Department Texas Woman's University Police Department Denco Backup and Training PSAP SR. (Selective Routing). The system that provides automatic routing of 9-1-1 calls based on the caller's location to the appropriate PSAP. The caller is not required to determine which public safety agency to call. ANI (Automatic Number Identification). The feature that provides the caller's telephone number on a console at the PSAP. ALI (Automatic Location Identification). The feature that provides the caller's name and address on a computer monitor at the PSAP. District Overview June 3, 2004 Database. The information accompanying a 9-I-1 call at the PSAP. The information provided is the caller's name, address and telephone number, as well as the emergency service providers designated to respond to the caller's address. Public Safety Telecommunicator. The individual answering the 9-I-I calls; trained to communicate with persons seeking emergency assistance and with agencies and individuals providing such assistance. Phase I. The Federal Communication Commission (FCC) mandate to the wireless telephone industry and 9-1-1 requiring the proper routing of wireless 9-1-1 calls to PSAPs and the provision of the callers' ANI to the telecommtmicators. Phase II. The feature that provides the approximate geographic location of wireless callers, in addition to the FCC's Phase I enhancements. IWS. Integrated Workstation. The computerized 9-1-1 answering equipment provided by Denco. The equipment has the capacity to include dispatcher tools in addition to the 9-1-1 function, such as computer-aided dispatch, paging, mapping, etc. Denco has 52 integrated workstations at its 12 PSAPS. District Overview June 3, 2004 Benefits of E9-1-1 The E9-1-1 system has enhanced the ability of emergency service providers to save the lives and property of citizens in the Denco Area 9-1-1 District. Some of the direct benefits of the emergency communications system provided by Denco are the following: Only one three-digit number to remember in an emergency situation. The 9-1-1 call is routed to the proper agency responsible for dispatching help to the caller. Trained telecommunicators answer 9-1-1 calls. (In the Denco Area 9-1-1 District, telecommunicators are mined to provide emergency medical dispatch, thus reducing response time for medical emergencies.) Tetecommunicators have the equipment and training necessary to communicate with hearing/speech impaired callers. The caller's name, address and telephone number, as well as the proper fn:e, police and emergency medical service designated to respond to the caller's address, is automatically provided to the telecommunicator, thus reducing total response time. In the event the caller is unable to speak, the telecommunicator has the ability to dispatch help to the caller's location that is provided by the E9-1-1 system. · ANI/ALI information provides a means to control and reduce prank calls. The public education programs associated with E9-1-1 promote citizen awareness and involvement with emergency service providers. 4 District Overview June 3, 2004 The E9-1-1 system enhances local government's ability to meet the ever- growing public expectation of emergency services created by popular television programming. The E9-1-1 system is designed to allow PSAPs the ability to directly transfer a caller to another public safety agency or poison control center. The E9-1-1 system will identify calls from wireless phones, advising the telecommunicator to ask proper questions to determine the location of the emergency. Phase I provides the caller's telephone number so that the telecommunicator has the ability to reconnect if the call is terminated. Phase II provides additional location information to telecommunicators. The system has the ability to identify telephone companies serving 9-1-1 callers, thus streamlining the process for reconciling routing and database errors. Formation of the Denco Area 9-1-1 District Legislation During its 1985 legislative session, the 69th Texas Legislature passed Article 1432e (Section 772, Texas Health and Safety Code), Emergency Telephone Number Act, which provided for the creation, administration, expansion, funding and dissolution of emergency communication districts in certain counties in Texas. The Emergency Telephone Number Act is the legislation under which the Denco Area 9-1-1 District operates. District Overview June 3, 2004 Purpose Section 772.302, Texas Health and Safety Code states the purpose of the Act to be the following: "To establish the number 9-1-1 as the primary emergency telephone number for use by certain local governments in this state and to encourage units of local governments and combinations of those units of local government to develop and improve emergency communication procedures and facilities in a manner that will make possible the quick response to any person calling the telephone number 9-1-1 seeking police, fire, medical, rescue and other emergency services." Creation of Denco Area 9-1-1 District On August 8, 1987, Denton County held a special election to confirm the creation of the Emergency Communication District of Denton County and authorize a 9-1-1 emergency service fee, not to exceed three (3%) percent of the base rate of the principal service supplier per month, to be charged by the district for the purpose of establishing and maintaining E9-1-1 in Denton County. By a margin of 13,086 to 3,024, the voters favored the creation of the emergency communication district. After the special election, the city and county governing bodies within Denton County passed resolutions of participation. The resolutions stated that the city or county would become a participating .jurisdiction in the district pursuant to the provisions of the Emergency Telephone Number Act. District Overview June 3, 2004 The participating jurisdictions of the district are the following: Argyle Hackberry Little Elm Aubrey Hebron Marshall Creek Bartonville Hickory Creek Northlake Carrollton Highland Village Oak Point Clark Justin Pilot Point Copper Canyon Krugerville Ponder Corinth Krum Roanoke Corral City Lake Dallas Sanger Cross Roads Lakewood Village Shady Shores Denton Lewisville The Colony Double Oak Lincoln Park Trophy Club Flower Mound Unincorporated Denton County On December 8, 1987, the district's board of managers ordered the levy and collection of the emergency fee to commence with the January 1988 billing cycle. The board ordered the service fee, collected by the telephone companies, to be charged at a rate of three (3%) percent of the base rate of GTE Southwest. The emergency service fee for basic levels of telephone service charged to customers in the district was capped at $.27 for residential customers, $.71 for business customers and $1.13 for trunks. {The same cap remains in effect today.) On June 28, 1988, the board of managers named the Emergency Communications District of Denton County, Denco Area 9-1-1 District. Organizational Structure Board of Managers. The board of managers is the governing body for the Denco Area 9-t-1 District. The county, participating cities and the Denton County Fire Chiefs District Overview June 3, 2004 Association appoint the board. Board members serve staggered two-year terms and are eligible for reappointment. The current board of managers is made up of the following members: Board Member Mr. Jack Miller, Chairman Mayor 0live Stephens, Vice Chairman Mr. Harlan Jefferson, Secretary Mr. Lewis Jue Chief Lonnie Tatum Mr. Keith Stephens Represents Denton County Commissioners Court Participating Cities Participating Cities Denton County Commissioners Court Fire Chiefs Association Verizon, Advisory The Emergency Telephone Number Act states, "the board shall manage, control and administer the district. The board may adopt rules for the operation of the district." The legislation also allows the board to appoint a director of communications for the district who serves as its general manager. The director, with approval from the board, provides for the service necessary to carry out the purposes of the Emergency Telephone Number Act. The Denco Area 9-1-1 District's staff is responsible for performing all the duties that may be required for the district to accomplish its mission within the framework provided by the board. The "Draft" Denco Area 9-1-1 District Fiscal Year 2005 Financial Plan provides for eleven full time staff members that provide the planning, operations and maintenance functions for the district. The organizational structure of the district includes three direct service program areas that serve the 9-1-1 PSAPs and emergency service District Overview June 3, 2004 providers within the district. Included in the organizational chart are names of staff members in each program area. Patty Cross Public Education/ Training Manager 1 Sandy Arnesen Public Education/ Training Secretary I Board of Managers I Mike Pedigo Executive Director Carla Flowers Business Manager I I Mark Payne 9-1-1 Systems Manager Clint Cranford 9-1-1 Systems Technician I Information Systems I Manager I Kandy Jones i I; Dianna Orender Information Systems I_L~ Rural Secretary Addressing Coordinator Coordinator Mission, Values and Goals Mission The Denco Area 9-1-1 District has defined as its mission: The mission of the Denco Area 9-1-1 District is to assist its member jurisdictions respond to police, fire and medical emergency calls by providing an efficient, effective enhanced 9-1-1 emergency telecommunications system. District Overview June 3, 2004 l/alues The Denco Area 9-I-1 District pledges to uphold the following values: Value 1: Control of district operations is the responsibility of member jurisdictions and the board of managers. Value 2: Goals The district will provide the most reliable, efficient, cost-effective and proven state-of-the-art technologies available at the lowest service fee rate possible. The Denco Area 9-1-1 District has the following goals that support its endeavor to carry out its mission. Goal 1: Goal 2: Goal 3: Goal 4: Goal 5: Goal 6: To provide the policy, direction and control mechanisms necessary to assure that the Denco Area 9-1-1 District accomplishes its mission within the financial resources provided. To manage the Denco Area 9-1-1 District in an objective, efficient, effective and responsive manner. To increase public awareness of 9-1-1 issues and promote the proper use of the 9-1-1 system. To provide training programs which enable Public Safety Answering Point (PSAP) personnel to effectively use the 9-I-t system. To provide and maintain a dependable, state-of-the-art enhanced 9-1-1 network. To assure that PSAPs have the most accurate, reliable and useable data at all times. 10 Denco Area 9-1-1 District Fiscal Year 2005 Financial Plan Section 3 Financial Plan Summary Summary of Cost Classifications DENCO AREA 9-1-1 DISTRICT FISCAL YEAR 2005 FINANCIAL PLAN SUMMARY Strategic Overview Fiscal Year 2004 During the current fiscal year, the Denco Area 9-l-] District has dedicated most of its resources to frae-tuning the Phase II services that it has implemented over the past two years. Included has been a focus on tweaking the equipment, network, and database to best utilize the new technology. In addition, resources have been committed to provide the public with information as to how to best access the system, train the telecommunicators as to how to best use the technology and assist other 9-1-1 jurisdictions with the deployment of Phase II enhanced wireless 9-1-1 service. Due to the financial implications of Verizon tariff services, the district relocated its wireless database services to the SBC platform. The change in providers will save the district significant financial resources over the next four years. Denco has produced and distributed a new brochure that provides citizens with updated information about the services the district provides. In addition, information specific to the wireless 9-1-1 services in Denton County has been placed at local wireless retail outlets. The district has provided a series of "Wireless 9-I-1 Forums" to 9-1-1 call takers across the district. The training program gave the telecommunicators the tools needed to best serve their communities when answering wireless 9-1-1 calls. FY2005 Financial Plan Summary June 3, 2004 · The Denco Area 9-1-1 District is the "Model Community" representing Texas in APCO's Project Locate program. Staff has shared its experience and expertise with other 9-i-1 providers across the country by presenting at national symposiums and providing copies of its public education and training publications to other 9-1-1 professionals. Another priority during fiscal year 2004 has been the development of a business continuity plan. For the past year, Denco has been formalizing many of the procedures currently in place and developing others that will mitigate the impact of a potential disaster. The district plans to complete the plan in 2004. The plan provides for the automatic storage of financial and records management information at a remote location, procedures that will assist staff assume responsibilities of other staff members in the event of their unavailability or untimely departure and procedures for responding when the plan is activated. Another focus has been the continued negotiations to resolve Phase II contract matters with wireless carders. The Federal Communications Commission (FCC) has directed wireless carriers to deploy Phase II services in a short time frame. Because of the time limitations, contracts with some of the carriers have not yet been fmalized. The district hopes to finalize those agreements in the current fiscal year. t3 FY2005 Financial Plan Summary June 3, 2004 Fiscal Year 2005 In addition to the normal services that Denco Area 9-1-1 District provides its constituents, the 2005 financial plan provides the financial resources to support the following objectives during the next fiscal year: Complete the service agreement negotiations and fund the balance the district owes the wireless carriers for Phase Ii services. Begin the deployment of a redundant network that will minimize the impact ofpotentiaI network outages. Provide the additional equipment and services needed to improve the effectiveness of the PSAPs it supports. Monitor the 2005 legislative session and respond appropriately to any legislation that has the potential to impact 9-1-1 district funding or services. Upgrade the equipment used in the schools to educate children on the proper use of 9-1-1. Sponsor additional "Spanish for the Telecommunicator" classes that were developed by district staff to better equip call takers in answering 9-1-1 calls from the Spanish speaking community. Improve the monitoring capability of the district's high-capacity telephone circuits. Evaluate the impact of growing Voice over Intemet Protocol (VolP) telephone services and participate in fomms that will encourage contractual and/or regulatory means to lessen its impact on the inferior 9-1-1 service that it provides its users. 14 FY2005 Financial Plan Summary June 3, 2004 Financial Overview Summary of Budget Objectives Due to an unanticipated refund of $231,000 from T-Mobile in 2004, the Denco Area 9-1-1 District will have a larger reserve balance at the beginning of 2005 to fund its services during the 2005 fiscal year. With the addition of the refund, the district projects that it will have the financial resources available to fully fund all of the outstanding costs it has accrued for the deployment of Phase II services. After paying for the initial costs associated w/th the deployment of Phase II, the district should be in an excellent financial position to accomplish its stated objectives for fiscal year 2005. The long-range projections included in Section 4 depict adequate financial resources at the current rate over the next several years to fully fund district operations. Summary of ~4nticipated Revenues The following is a summary of anticipated revenues for fiscal year 2005: · Total service fee revenue is anticipated to increase by 2.40 percent. Wireline service fee revenue is expected to decrease by 2.44 percent, which is offset by an estimated increase in wireless service fee revenue of 7.0 percent. It is anticipated that w/reline revenue will continue to decrease as more consumers migrate to wireless and VolP telephone services. Interest revenue is not anticipated to increase in 2005 as the district will decrease its reserve balance and the interest rate is not expected to increase. Contxact service revenue is projected to decrease due to a new contract arrangement with Denton County for rural addressing services. 15 FY2005 Financial Plan Summary June 3, 2004 Miscellaneous revenue is proposed to be zero. The district expects the T- Mobile refund in budget year 2004. Summary of Proposed Expenditures The following is a summary of proposed expenditures for fiscal year 2005: · Due to a decrease in staffing for the 2005 fiscal year, the proposed personnel expenditures are $14,325 less than fiscal year 2004. Proposed operations costs are budgeted to increase by $6,168 or 4.6 percent over the amount submitted in the 2004 financial plan. Total direct service expenditures are proposed to increase by $582,415 in 2005. The entire increase will be used to pay for Phase II services. 16 DENCO AREA 9-1-1 DISTRICT SUMMARY OF COST CLASSIFICATIONS Personnel Expenditures Includes staff salary, deferred compensation, and healthcare and retirement benefits. Also included are costs for state unemployment tax and employer's contribution to Medicare. In addition, temporary (contract) personnel services are included. Operations Expenditures Includes the costs associated with the business operations of the Denco Area 9-1-1 District. Communications Includes telecommunication, printing/publishing and postage/shipping costs necessary for the district to disseminate information. Expendable Supplies Includes the cost of routine expendable office supplies and commercially available sot~are. Supplies also include the costs associated with service awards, Contract Services Includes the cost of legal fees, independent audit, insurance, advertising and other contract services such as equipment and sot~wvare support for district equipment. Summary of Cost Classifications June 4, 2004 Building Services Includes the cost of utilities, building services, maintenance and repair expense for the office and training facility owned by district. Memberships/Subscriptions Includes individual and organizational memberships to professional organizations such as National Emergency Number Association (NENA) and Association of Public Safety Communications Officials-International (APCO). Includes subscriptions to newspapers, periodicals, information services, technical support publications and the purchase or rental of books, videos and recordings. Professional Development Includes board and staff training and ongoing professional development through technical training classes, seminars, conferences and symposiums. Travel Includes out of district travel costs such as, but not limited to mileage reimbursement, airfare, food, lodging, local transportation, parking, telephone, etc. when such costs are reasonable and when they are incurred in conjunction with board and authorized staff travel out of the district. Also included is reimbursement for the use of personal vehicles on official business within the district. 18 Summary of Cost Classifications June 4, 2004 Furniture and Equipment Includes the purchase of the necessary fumiture and fixtures as well as office equipment necessary for the ongoing operations of the Denco Area 9-1-1 District. Direct Service Expenditures Includes all non-recurring and recurring costs attributed directly to the operations, maintenance, equipment, network and database required for the provision of 9-1-I services. Also included are direct costs for information system services, public education and training for telecommunicators. 9-1-1 Systems Includes operations, service and direct maintenance costs required for Denco to maintain the 9-t-1 systems. Also included are non-recurring and monthly recurring costs for network and database services, language interpretation and other recurring services. Information Systems Includes operations, service and direct maintenance costs required to develop and distribute 9-1-1 GIS and other database information to public safety answering points and emergency response agencies. Included are costs for aerial photography files and the service and maintenance of hardware and software required to provide the data. 19 Summary of Cost Classifications June 4, 2004 Public Education/Training Public Education includes operating costs required for the development, purchase and distribution of public information and education materials for special focus groups and district at large. Also includes costs for special functions such as National Telecommunicator Week recognition and 9-1-1 Day activities. Training expenditures include cost for materials, instructors, registration, etc.; associated with meeting the training needs of 9-1-1 call takers. Also included are direct costs required for Denco to sponsor telecommunicators from across the district to the State of Texas annual awards and appreciation activities and recipients of the Dr. Allen Groff Emergency Medical Dispatch (EMD) Scholarship to the national EMD conference. 20 IIII III Denco Area 9-1-1 District Fiscal Year 2005 Financial Plan Section 4 Anticipated Revenues Proposed Expenditures DENCO AREA 911 DISTRICT FINANCIAL PLAN III I Summary of Anticipated Revenues and Proposed Expenditures Fiscal Year 2005 FY 2005 Percent of Proposed Budget II I Beginning of Year Estimated Reserve Funds Anticipated Revenues 9-1-1 Service Fee Revenue Interest Revenue Contract Services Revenue Miscellaneous Revenue (Expense) Total Anticipated Revenues $ 718,030 '2,814,617 99.14% 4,280 0.15% 20,000 0.70% - 0.00% $ 2,838,897 100% Proposed Expenditures Personnel Operations Direct Services Total Proposed Expenditures 841,020 26.05% 138,408 4.29% 2,249,622 69.67% $ 3,229,050 100% Increase (Decrease) in Reserve Funds $ (390,153) End of Year Estimated Reserve Funds $ 327,878 22 DENCO AREA 911 DISTRICT FINANCIAL PLAN II I Anticipated Revenues Fiscal Year 2005 FY 2005 Proposed Percent of Service Fee Revenue Verizon SBC Sprint CenturyTel Other Local Exchange Carriers (CLECs) Private Switch Service Fees Telephone Company Administrative Charges Telephone Company Uncollectible Charges Telephone Company Adjustments Net Wireline Service Fee Revenue Wireless Service Fee Revenue Total Service Fee Revenue $ 787,5t3 27.74% 200,261 7.05% 31,010 1.09% 48,762 1.72% 255,126 8.99% 7,763 0.27% (13,304) -0.47% (1,987) -0.07% .. (9,508) -0.33% $ 1,305,636 45.99% 1,508,981 53.15% $ 2,814,617 99.14% Non Service Fee Revenue Interest Revenue Contract Service Revenue Miscellaneous Revenue (Expenses) Total Non Service Fee Revenue $ 4,280 0.15% 20,000 0.70% - 0.00% $ 24,28O 0.86% Total Revenue $ 2,838,897 100% DENCO AREA 911 DISTRICT FINANCIAL PLAN Proposed Expenditures Fiscal Year 2005 FY 2005 Proposed Percent of Bud Personnel Expenditures Salaries Benefits Operations Expenditures Communications Expendable Supplies Contract Services Building Services Memberships/Subscriptions Professional Development Travel Furniture and Equipment Direct Service Expenditures 9-1-1 Systems Operations Network and Database Services PSAP and Maintenance Equipment Information Systems Operations Public Education/Training Operations Public Education Services Training Services Total Total $ $ 628,601 19.47% 212,419 6.58% $ 841,020 26.05% $ 17,339 O.54% 9,7OO 0.30% 46,266 1.43% 33,870 1.05% 1,833 0.06% 5,300 0.16% 22,1 O0 0.68% 2,000 0.06% 138,408 4.29% Total $ $ 107,325 1,914,407 50,048 84,590 23,427 37,550 32,275 2,249,622 3,229,050 3.32% 59.29% 1.55% 2.62% 0.73% 1.16% 1.00% 69.67% 100% 24 IIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIII .~u~ Denco Area 9-1-1 District Fiscal Year 2005 Financial Plan Section 5 Appendix Mission Statement HB 1984 Resolutions District Legislation Ifil Il I I II Il DENCO AREA 9-1-1 DISTRICT Mission, Values and Goals Statement Mission The mission of the Denco Area 9-1-1 District is to assist its member jurisdictions respond to police, fire and medical emergency calls by providing an efficient, effective enhanced 9-1-1 emergency telecommunications system. Falues The Denco Area 9-1-1 District pledges to uphold the following values: Value I: Control of district operations is the responsibility of member jurisdictions and the board of managers. Value 2: Goals The district will provide the most reliable, efficient, cost-effective and proven state-of-the-art technologies available at the lowest service fee rate possible. The Denco Area 9-1-1 District has the following goals that support its endeavor to carry out its mission. Goal 1: To provide the policy, direction and control mechanisms necessary to assure that the Denco Area 9~1-1 District accomplishes its mission within the financial resources provided. Goal 2: To manage the Denco Area 9-1-1 District in an objective, efficient, effective and responsive manner. Appendix Mission, Values and Goals Statement Goal 3: To increase public awareness of 9-1-1 issues and promote the proper use of the 9-1-1 system. Goat 4:. To provide training programs which enable Public Safety Answering Point (PSAP) personnel to effectively use the 9-1-1 system. Goal 5: To provide and maintain a dependable, state-of-the-art enhanced 941- t network. Goal 6: To assure that PSAPs have the most accurate, reliable and useable data at all times. H.B. No. 1984 AN ACT relating to the consolidation of emergency communication districts and to the approval of proposed budgets of certain emergency communication districts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 771.001 (3), Health and Safety Code, is amended to read as fotlows: (3) Emergency communication district" means: (A) a public agency or group of public agencies acting jointly that provided 9-1-1 service before September 1, 1987, or that had voted or contracted before that date to provide that service; or (B) a district created under Subchapter B, C, [e~] D, or F, Chapter 77'2. SECTION 2. Sections 772.309(b), (c), and (d), Heaith and Safety Code, are amended to read as follows: (b) The board shall submit a draft of the proposed bud.qet to the governin,q bodies of the participating iurisdictions not later than the 45th day before the date the board adopts the budget. The participating iurisdictions shafl review the proposed budget and submit any. comments re,qardinq the budget to the board. (c) if the ,qoverninq bod~ of a county, municipality, or other participating iurisdiction does not approve or disapprove the budget before the 61st day after the date the body received the propo.s...ed budget for review, the budget is approved by operation of law. Appendix H.B, No. 1984 (d) A revision of the budget must be approved in the same manner as the budget. (e) [(r:,-)] As soon as practicable after the end of each district fiscal year, the director shall prepare and present to the board and to each participating jurisdiction in writing a sworn statement of all money received by the district and how the money was used during the preceding fiscal year. The report must show in detail the operations of the district for the fiscal year covered by the report. .(_0. [(eL)] The board shall have an independent financial audit of the district performed annually. Appendix Budget Approval Procedures DENCO AREA 9-1-1 DISTRICT RESOLUTION DEFINING PROCEDURES FOR CONSIDERATION AND APPROVAL OF A BUDGET WHEREAS, Sections 772.309(b)&(c), Texas Health and Safety Code have been amended by the 'Texas Legislature to specify certain procedures for the consideration and approval of a budget by the Board and governing bodies of participating jurisdictions. NOW, THEREFORE BE IT RESOLVED BY THE DENCO AREA 9-1-i DISTRICT BOARD OF MANAGERS: The Board's procedures for consideration and approval of a budget shall include the following: 1. Not later than the 45th day before the Board adopts a budget, the Executive Director on behalf of the Board will submit a draft of the proposed budget to each of the governing bodies of the participating jurisdictions. In a transmittal letter accompanying the draft of the proposed budget, the Executive Director will include a statement requesting that the governing bodies of each of the participating jurisdictions review the draft of the proposed budget and submit any comments to the Board prior m or on the date the budget is scheduled for consideration and adoption by the Board. 2. Once the Board adopts the budget, the Executive Director on behalf of the Board will within three days either 1) send a letter to each of the governing bodies of the participating jurisdictions stating that the Board adopted the proposed budget without any changes or 2) send a copy of the budget adopted by the Board and include in a letter the differences between the proposed and adopted budget. In the letter to the governing bodies of the participating jurisdictions, the Executive Director will include a statement requesting approval of the Board's adopted budget by the governing bodies of participating jurisdictions within sixty days of receipt. APPROVED and ADOPTED on this 2nd day of December 1999. Chairman, Board of Managers Secretary, Board of Managers Appendix Budget Approval Policy DENCO AREA 9-1-1 DISTRICT RESOLUTION DEFINING THE DENCO AREA 9-1-1 DISTRICT BUDGET APPROVAL POLICY WHEREAS, the Denco Area 9-1-1 District was created under Texas Health and Safety Code and the voters of Denton County to design, implement and operate a 9-1-1 system for all participating jurisdictions; and WHEREAS, the Board of Managers is appointed by participating jurisdictions to manage, control and administer the district; and WHEREAS, under the direction of the Board of Managers, the executive director prepares an annual budget that must be approved by the board, the commissioners court and the majority of participating cities; NOW, THEREFORE BE IT RESOLVED BY THE DENCO AREA 9-1-1 DISTRICT BOARD OF MANAGERS THAT: 1. The Denco Area 9-1-1 District approved budget shall include specific revenue and expenditure projections by department. Budget departments as defined in district's annual audit include service fee revenue, interest revenue and miscellaneous revenue. Expenditure departments include personnel services, operations, direct services, capital outlay and debt service. The board, at its discretion, may add or delete budget departments. 2. The executive director shall submit to the Board of Managers requests for amendments, revisions or modifications to the district's annual budget that require an increase in any budget department's expenditures in excess of five percent of the total department budget. Any increase of expenditures in excess of the approved department budget, up to five percent, shall be offset by a decrease of an equal amount in another department budget. 3. Without limiting the Board of Managers authority under Section 772, Texas Health and Safety Code, the Board of Managers may approve amendments, revisions or modifications to the District's annual budget as deemed reasonable and necessary as long as such budget amendments, revisions or modifications do not require that the total expenditures budgeted exceed the amount previously approved and adopted by the Board of Managers, the Denton County Commissioners Court and the majority of participating cities' governing bodies. APPROVED and ADOPTED on this 6th day of April 2000. Chairman, Board of Managers Secretary, Board of Managers SUBCHAPTER D. EMERGENCY COMMUNICATION DISTRICTS: COUNTIES WITH POPULATION OVER 20,000 § 772.301. Short Title This subchapter may be cited as the Emergency Telephone Number Act. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.302. Purpose It is the purpose of this subchapter to establish the number 9-1-1 as the primary emergency telephone number for use by certain local governments in this state and to encourage units of local government and combinations of those units to develop and improve emergency communication procedures and facilities in a manner that will make possible the quick response to any person calling the telephone number 9-1-1 seeking police, fire, medical, rescue, and other emergency services. To this purpose the legislature finds that: (1) it is in the public interest to shorten the time required for a citizen to request and receive emergency aid; (2) there exist thousands of different emergency telephone numbers throughout the state, and telephone exchange boundaries and central office service areas do not necessarily correspond to public safety and political boundaries; (3) a dominant part of the state's population is located in rapidly expanding metropolitan areas that generally cross the boundary lines of local jurisdictions and often extend into two or more counties; and (4) provision of a single, primary three-digit emergency number through which emergency services can be quickly and efficiently obtained would provide a significant contribution to law enforcement and other public safety efforts by making it less difficult to notify public safety personnel quickly. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.303. Definitions In this subchapter: (1) "Board" means the board of managers of a district. Appendix Health and Safety Code, Chapter 772.300 (2) "Director" means the director of communication for a district. (3) "District" means an emergency communication district created under this subchapter. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.304. Application of Subchapter (a) This subchapter applies only to a county with a population of more than 20,000 or to a group of two or more contiguous counties each with a population of 20,000 or more in which an emergency communication district was created under Chapter 288, Acts of the 69th Legislature, Regular Session, 1985, before January 1, 1988, or to a public agency or group of public agencies that withdraws from participation in a regional plan under Section 771.058(d). (b) This subchapter does not affect the authority of a public agency to operate under another law authorizing the creation of a district in which 9-1-1 service is provided. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. Amended by Acts 1999, 76th Leg., ch. 1405, § 32, eft. Sept. 1, 1999. § 772.305. Additional Territory (a) If a municipality that is part of a district annexes territory that is not part of the district, the annexed territory becomes part of the district. (b) A public agency located in whole or part in a county adjoining the district, by resolution adopted by its governing body and approved by the board of the district, may become part of the district and subject to its benefits and requirements. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.306. Board of Managers (a) A district is governed by a board of managers. (b) If the most populous municipality in the district has a population of more than 140,000, the board consists of: (1) one member for each county in the district appointed by the commissioners court of each county; Appendix Health and Safety Code, Chapter 772.300 (2) two members appointed by. the governing body of the most populous municipality in the district; (3) one member appointed by the governing body of the second most populous municipality in the district; (4) one member appointed as provided by this section to represent the other municipalities located in whole or part in the district; and (5) one member appointed by the principal service supplier. (c) If Subsection (b) does not apply to a district, the board consists of: (1) the following members representing the county or counties in the district: (A) if the district contains only one county, two members appointed by the commissioners court of the county; (B) if the district originally contained only one county but contains more than one county when the appointment is made, two members appointed by the commissioners court of the county in which the district was originally located, and one member appointed by the commissioners court of each other county in the district; or (C) if the district originally contained more than one county and the district contains more than one county when the appointment is made, one member appointed by the commissioners court of each county in the district; (2) two members appointed jointly by all the participating municipalities located in whole or part in the district; (3) one member appointed jointly by the volunteer fire departments operating wholly or partly in the district, with the appointment process coordinated by the county fire marshal or marshals of the county or counties in the district; and (4) one member appointed by the principal service supplier. (d) The board member appointed by the principal service supplier is a nonvoting member, if the board is appointed under Subsection (c), the principal service supplier may waive its right to appoint the board member and designate another service supplier serving all or part of the district to make the appointment. (e) The board member appointed under Subsection (b)(4) is appointed by the mayor's council established to administer urban development block grant funds, if one exists in the district. Otherwise, the member is appointed by the other Appendix Health and Safety Code, Chapter 772.300 members of the board on the advice and recommendation of the governing bodies of all the municipalities represented by the member. (f) The initial board members appointed by municipalities under Subsection (c)(2) are appointed by all the municipalities located in whole or part in the district. (g) Board members are appointed for staggered terms of two years, with as near as possible to one-half of the members' terms expiring each year. (h) A board member may be removed from office at will by the entity that appointed the member. (i) A vacancy on the board shall be filled for the remainder of the term in the manner provided for the original appointment to that position. (j) Board members serve without compensation. The district shall pay all expenses necessarily incurred by the board in performing its functions under this subchapter. (k) The board may appoint from among its membership a presiding officer and any other officers it considers necessary. (I) The director or a board member may be appointed as secretary of the board. The board shall require the secretary to keep suitable records of all proceedings of each board meeting. After each meeting the presiding officer at the meeting shall read and sign the record and the secretary shall attest the record. (m) Voting members of the board may meet in executive session in accordance with Chapter 551, Government Code. (n) A majority of the voting members of the board constitutes a quorum. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(82), eft. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 638, § 15, eft. Sept. 1, 1995. § 772.307. Powers and Duties of Board (a) The board shall control and manage the district. (b) The board may adopt rules for the operation of the district. Appendix Health and Safety Code, Chapter 772.300 (c) The board may contract with any public or private entity to carry out the purposes of this subchapter, including the operation of a 9-1-1 system. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.308. Director of District (a) The board shall appoint a director of communication for the district and shall establish the director's compensation. The director must be qualified by training and experience for the position. (b) The board may remove the director at any time. (c) With the board's approval, the director may employ any experts, employees, or consultants that the director considers necessary to carry out the purposes of this subchapter. (d) The director shall perform all duties that the board requires and shall supervise as general manager the operations of the district subject to any limitations prescribed by the board. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.309. Budget; Annual Report; Audit (a) The director shall prepare under the direction of the board an annual budget for the district. To be effective, the budget must: (1) be approved by the board; (2) be presented to and approved by the commissioners court of each county in the district; (3) be presented to and approved by the governing body of the most populous municipality in the district, if that municipality has a population of more than 140,000; and (4) be presented to the governing body of each other participating jurisdiction and approved by a majority of those jurisdictions. (b) The board shall submit a draft of the proposed budget to the governing bodies of the participating jurisdictions not later than the 45th day before the date the board adopts the budget. The participating jurisdictions shall review the proposed budget and submit any comments regarding the budget to the board. Appendix Health and Safety Code, Chapter 772.300 (c) If the governing body of a county, municipality, or other participating jurisdiction does not approve or disapprove the budget before the 61 st day after the date the body received the proposed budget for review, the budget is approved by operation of law. (d) A revision of the budget must be approved in the same manner as the budget. (e) As soon as practicable after the end of each district fiscal year, the director shall prepare and present to the board and to each participating jurisdiction in writing a sworn statement of all money received by the district and how the money was used dudng the preceding fiscal year. The report must show in detail the operations of the district for the fiscal year covered by the report. (f) The board shall have an independent financial audit of the district performed annually. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. Amended by Acts 1999, 76th Leg., ch. 1406, § 2, eft. Aug. 30, 1999. § 772.310. Establishment of 9-1-1 Service (a) A district shall provide 9-1-1 service to each participating jurisdiction through one or a combination of the following methods and features: (1) the transfer method; (2) the relay method; (3) the dispatch method; (4) automatic number identification; (5) automatic location identification; (6) selective muting; or (7) any equivalent method. (b) A district shall provide 9-1-1 service using one or both of the following plans: (1) the district may design, implement, and operate a 9-1-1 system for each participating jurisdiction with the consent of the jurisdiction; or Appendix Health and Safety Code, Chapter 772.300 (2) the district may design, implement, and operate a 9-1-t system for two or more participating jurisdictions with the consent of each of those jurisdictions if a joint operation would be more economically feasible than separate systems for each jurisdiction. (c) Under either plan authorized by Subsection (b), the final plans for the particular system must have the approval of each participating jurisdiction covered by the system. (d) The district shall recommend minimum standards for a 9-1-1 system. (e) A service supplier involved in providing 9-1-1 service, a manufacturer of equipment used in providing 9-1-1 service, or an officer or employee of a service supplier involved in providing 9-1-1 service is not liable for any claim, damage, or loss arising from the provision of 9-1-1 service unless the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 638, § 16, eft. Sept. 1, 1995. § 772.311. Primary Emergency Telephone Number The digits 9-1-1 are the primary emergency telephone number in a district. A public safety agency whose services are available through a 9-1-1 system may maintain a separate number or numbers for emergencies and shall maintain a separate number or numbers for nonemergency telephone calls. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.312. Transmitting Requests For Emergency Aid (a) A 9-1-1 system established under this subchapter must be capable of transmitting requests for fire-fighting, law enforcement, ambulance, and medical services to a public safety agency or agencies that provide the requested service at the place from which the call originates. A 9-1-1 system may also provide for transmitting requests for other emergency services such as poison control, suicide prevention, and civil defense. (b) A public safety answering point may transmit emergency response requests to private safety entities. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. I, 1989. § 772.313. Powers of District Appeadix Health and Safety Code, Chapter 772.300 (a) The district is a body corporate and politic, exercising public and essential governmental functions and having all the powers necessary or convenient to carry out the purposes and provisions of this subchapter, including the capacity to sue or be sued. (b) To fund the district, the district may apply for, accept, and receive federal, state, county, or municipal funds and private funds and may spend those funds for the purposes of this subchapter. The board shall determine the method and sources of funding for the district. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.314. 9-1-1 Emergency Service Fee (a) The board may impose a 9-1-1 emergency service fee on service users in the district. (b) The fee may be imposed only on the base rate charge or its equivalent, excluding charges for coin-operated telephone equipment. The fee may not be imposed on more than 100 local exchange access lines or their equivalent for a single business entity at a single location, unless the lines are used by residents of the location. The fee may also not be imposed on any line that the Advisory Commission on State Emergency Communications excluded from the definition of a local exchange access line or an equivalent local exchange access line pursuant to Section 771.063. If a business service user provides residential facilities, each line that terminates at a residential unit and that is a communication link equivalent to a residential local exchange access line shall be charged the 9-1-1 emergency service fee. The fee must have uniform application and must be imposed in each participating jurisdiction. (c) The rate of the fee may not exceed six percent of the monthly base rate in a service year charged a service user by the principal service supplier in the participating jurisdiction. For purposes of this subsection, the jurisdiction of the county is the unincorporated area of the county. (d) The board shall set the amount of the fee each year as part of the annual budget. The board shall notify each service supplier of a change in the amount of the fee not later than the 91st day before the date the change takes effect. (e) In imposing the fee, the board shall attempt to match the district's revenues to its operating expenditures and to provide reasonable reserves for contingencies and for the purchase and installation of 9-1-1 emergency service equipment. If the revenue generated by the fee exceeds the amount of money needed to fund the district, the board by resolution shall reduce the rate of the fee to an amount adequate to fund the district or suspend the imposition of the fee. If the board suspends the imposition of the fee, the board by resolution may Appendix Health and Safety Code, Chapter 772.300 reinstitute the fee if money generated by the district is not adequate to fund the district. (f) In a public agency whose governing body at a later date votes to receive 9-1-1 service from the district, the fee is imposed beginning on the date specified by the board. The board may charge the incoming agency an additional amount of money to cover the initial cost of providing 9-1-1 service to that agency. The fee authorized to be charged in a district appfies to new territory added to the district when the territory becomes part of the district. (g) For the purposes of this section, the jurisdiction of the county is the unincorporated area of the county, Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 936, § 14, eft. Aug. 30, 1993; Acts 1999, 76th Leg., ch. 1203, § 5, eft. June 18, 1999. § 772.315. Collection of Fee (a) Each billed service user is liable for the fee imposed under Section 772.314 until the fee is paid to the service supplier. The fee must be added to and stated separately in the service user's bill from the service supplier. The service supplier shall collect the fee at the same time as the service charge to the service user in accordance with the regular billing practice of the service supplier. A business service user that provides residential facilities and owns or leases a publicly or privately owned telephone switch used to provide telephone service to facility residents shall collect the 9-1-1 emergency service fee and transmit the fees monthly to the district. (b) The amount collected by a service supplier from the fee is due monthly. The service supplier shall remit the amount collected in a calendar month to the district not later than the 60th day after the last day of the calendar month. With each payment the service supplier shall file a return in a form prescribed by the board. (c) Both a service supplier and a business service user under Subsection (a) shall maintain records of the amount of fees it collects for at least two years after the date of collection. The board may require at the board's expense an annual audit of a service supplier's books and records or the books and records of a business service user described by Subsection (a) with respect to the collection and remittance of the fees. (d) A business service user that does not collect and remit the 9-1-1 emergency service fee as required is subject to a civil cause of action under Subsection (g). A sworn affidavit by the district specifying the unremitted fees is Appendix Health and Safety Code, Chapter 772.300 prima facie evidence that the fees were not remitted and of the amount of the unremitted fees. (e) A service supplier is entitled to retain an administrative fee from the amount of fees it collects. The amount of the administrative fee is two percent of the amount of fees it collects under this section. (f) A service supplier is not required to take any legal action to enforce the collection of the 9-1-1 emergency service fee. However, the service supplier shall provide the district with an annual certificate of delinquency that includes the amount of all delinquent fees and the name and address of each nonpaying service user. The certificate of delinquency is prima facie evidence that a fee included in the certificate is delinquent. A service user account is considered delinquent if the fee is not paid to the service supplier before the 31st day after the payment due date stated on the user's bill from the service supplier. (g) The district may institute legal proceedings to collect fees not paid and may establish internal collection procedures and recover the cost of collection from the nonpaying service user. If the district prevails in legal proceedings instituted to collect a fee, the court may award the distdct court costs, attorney's fees, and interest in addition to other amounts recovered. A delinquent fee accrues interest at an annual rate of 12 percent beginning on the date the payment becomes due. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 936, § 15, eft. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 638, § 17, eft. Sept. 1, 1995. § 772.316. District Depository (a) The board shall select a depository for the district in the manner provided by law for the selection of a county depository. (b) A depository selected by the board is the district's depository for two years after the date of its selection and until a successor depository is selected and quafified. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.317. Allowable Expenses Allowable operating expenses of a district include all costs attributable to designing a 9-1-1 system and to all equipment and personnel necessary to establish and operate a public safety answering point and other related answering points that the board considers necessary. Appendix Health and Safety Code, Chapter 772.300 Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.318. Number and Location Identification (a) As part of computerized 9-1-1 service, a service supplier shall furnish current telephone numbers of subscribers and the addresses associated with the numbers on a call-by-call basis. (b) A business service user that provides residential facilities and owns or leases a publicly or privately owned telephone switch used to provide telephone service to facility residents shall provide to those residential end users the same level of 9-1-1 service that a service supplier is required to provide under Subsection (a) to other residential end users in the district. (c) Information furnished under this section is confidential and is not available for public inspection. (d) A service supplier or business service user under Subsection (b) is not liable to a person who uses a 9-1-1 system created under this subchapter for the release to the district of the information specified in Subsections (a) and (b). Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 936, § 16, eft. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 638, § 18, eft. Sept. 1, 1995. § 772.319. Public Review (a) Periodically, the board shall solicit public comments and hold a public review hearing on the continuation of the distdct and the 9-1-1 emergency service fee. The first hearing shall be held three years after the date the order certifying the creation of the district is filed with the county clerks. Subsequent hearings shall be held three years after the date each order required by Subsection (d) is adopted. (b) The board shall publish notice of the time and place of the hearing once a week for two consecutive weeks in a daily newspaper of general circulation published in the district. The first notice must be published not later than the 16th day before the date set for the hearing. (c) At the hearing, the board shall also solicit comments on the participation of the district in the applicable regional plan for 9-1-1 service under Chapter 771. After the headng, the board may choose to participate in the regional plan as provided by that chapter. Appendix Health and Safety Code, Chapter 772.300 (d) After the hearing, the board shall adopt an order on the continuation or dissolution of the district and the 9-1-1 emergency service fee. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.320. Dissolution Procedures (a) If a district is dissolved, 9-1-1 service must be discontinued on the date of the dissolution. The commissioners court of the county in which the distdct was located or, if the district contains more than one county, the commissioners courts of those counties acting jointly, shall assume the assets of the district and pay the district's debts. If the district's assets are insufficient to retire all existing debts of the district on the date of dissolution, the commissioners court or courts acting jointly shall continue to impose the 9-1-1 service fee, and each service supplier shall continue to collect the fee for the commissioners court or courts. Proceeds from the imposition of the fee after dissolution of the district may be used only to retire the outstanding debts of the district. (b) The commissioners court or courts shall retire the district's debts to the extent practicable according to the terms of the instruments creating the debts and the terms of the orders and resolutions authorizing creation of the debts. (c) The commissioners court or courts by order may adopt the rules necessary to administer this section. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.321. issuance of Bonds The board may issue and sell bonds in the name of the district to finance: (1) the acquisition by any method of facilities, equipment, or supplies necessary for the district to begin providing 9-1-1 service to all participating jurisdictions; and (2) the installation of equipment necessary for the district to begin providing 9-1-1 service to all participating jurisdictions. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.322. Repayment of Bonds The board may provide for the payment of the principal of and interest on the bonds by pledging all or any part of the district's revenues from the 9-1-1 emergency service fee or from other sources. Appendix Health and Safety Code, Chapter 772.300 Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.323. Additional Security for Bonds (a) The bonds may be additionally secured by a deed of trust or mortgage lien on part or all of the physical properties of the district and the rights appurtenant to those properties, vesting in the trustee power to sell the properties for payment of the indebtedness, power to operate the properties, and all other powers necessary for the further security of the bonds. (b) The trust indenture, regardless of the existence of the deed of trust or mortgage lien on the properties, may include provisions prescribed by the board for the security of the bonds and the preservation of the trust estate and may make provisions for investment of funds of the district. (c) A purchaser under a sale under the deed of trust or mortgage lien is the absolute owner of the properties and rights purchased and may maintain and operate them. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.324. Form of Bonds (a) A district may issue its bonds in various series or issues. (b) Bonds may mature serially or otherwise not more than 25 years after their date of issue and shall bear interest at any rate permitted by state law. (c) A district's bonds and interest coupons, if any, are investment securities under the terms of Chapter 8, Business & Commerce Code, may be issued registrable as to principal or as to both principal and interest, and may be made redeemable before maturity, at the option of the district, or contain a mandatory redemption provision. (d) A district may issue its bonds in the form, denominations, and manner and under the terms, and the bonds shall be signed and executed, as provided by the board in the resolution or order authorizing their issuance. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.325. Provisions of Bonds (a) In the orders or resolutions authorizing the issuance of bonds, including refunding bonds, the board may provide for the flow of funds and the establishment and maintenance of the interest and sinking fund, the reserve fund, and other funds and may make additional covenants with respect to the Appendix Health and Safety Code, Chapter 772.300 bonds, the pledge revenues, and the operation and maintenance of any facilities the revenue of which is pledged. (b) The orders or resolutions of the board authorizing the issuance of bonds may also prohibit the further issuance of bonds or other obligations payable from the pledged revenue or may reserve the right to issue additional bonds to be secured by a pledge of and payable from the revenue on a parity with or subordinate to the lien and pledge in support of the bonds being issued. (c) The orders or resolutions of the board issuing bonds may contain other provisions and covenants as the board may determine. (d) The board may adopt and have executed any other proceedings or instruments necessary and convenient in the issuance of bonds. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.326. Approval and Registration of Bonds (a) Bonds issued by a district must be submitted to the attorney general for examination. (b) If the attorney general finds that the bonds have been authorized in accordance with law, the attorney general shall approve them. On approval by the attorney general, the comptroller shall register the bonds. (c) After the approval and registration of bonds, the bonds are incontestable in any court or other forum for any reason and are valid and binding obligations according to their terms for all purposes. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.327. Refunding Bonds (a) A district may issue bonds to refund all or any part of its outstanding bonds, including matured but unpaid interest coupons. (b) Refunding bonds shall mature serially or otherwise not more than 25 years after their date of issue and shall bear interest at any rate or rates permitted by state law. (c) Refunding bonds may be payable from the same source as the bonds being refunded or from other sources. Appendix Health and Safety Code, Chapter 772.300 (d) The refunding bonds must be approved by the attorney general as provided by Section 772.326 and shall be registered by the comptroller on the surrender and cancellation of the bonds refunded. (e) The orders or resolutions authorizing the issuance of the refunding bonds may provide that they be sold and the proceeds deposited in the place or places at which the bonds being refunded are payable, in which case the refunding bonds may be issued before the cancellation of the bonds being refunded. If refunding bonds are issued before cancellation of the other bonds, an amount sufficient to pay the principal of the bonds being refunded and interest on those bonds accruing to their maturity dates or to their option dates if the bonds have been du~y called for payment before maturity according to their terms shall be deposited in the place or pfaces at which the bonds being refunded are payable. The comptroller shall register the refunding bonds without the surrender and cancellation of bonds being refunded. (f) A refunding may be accomplished in one or in several installment deliveries. Refunding bonds and their interest coupons are investment securities under Chapter 8, Business & Commerce Code. (g) In lieu of the method set forth in Subsections (a)-(f), a district may refund bonds, notes, or other obligations as provided by the general taws of this state. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.328. Bonds as Investments and Security for Deposits (a) District bonds are legal and authorized investments for: (1) a bank; (2) a savings bank; (3) a trust company; (4) a savings and loan association; (5) an insurance company; (6) a fiduciary; (7) a trustee; (8) a guardian; and Appendix Health and Safety Code, Chapter 772.300 (9) a sinking fund of a municipality, county, school district, and other political subdivision of the state and other public funds of the state and its agencies, including the permanent school fund. (b) District bonds are eligible to secure deposits of public funds of the state and municipalities, counties, school districts, and other political subdivisions of the state. The bonds are lawful and sufficient security for deposits to the extent of their value when accompanied by all unmatured coupons. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.329. Tax Status of Bonds Because a district created under this subchapter is a public entity performing an essential public function, bonds issued by the district, any transaction relating to the bonds, and profits made in the sale of the bonds are exempt from taxation by the state or by any municipality, county, special district, or other political subdivision of the state. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: July 20, 2004 Utility Administration Howard Martin, Utilities 349-8232 SUBJECT Consider adoption of an ordinance of the City of DeNon, Texas updating Impact Fees by amending Chapter 26, "Utilities," Section 26-210 through 26-232 of the City of DeNon Code of Ordinances; adopting revised Land Use Assumptions and Capital Improvements Plans for Water and Wastewater Impact Fees; establishing new service areas for Wastewater Impact Fees; establishing new maximum impact fees per service unit and impact fees to be collected; creating schedules for the assessment and collection of impact fees; amending the definition of "new development" contained in Section 26-213(9); adding the definition of "utility connection" to Section 26-213(14); adding clarifying language to Section 26-221(a) and (h); adding Section 26-221(i) which clarifies the powers of the Director respecting the enforcement, assessment, computation or collection of impact fees; revising procedures for administering impact fees; repealing conflicting ordinances and resolutions; providing a severability clause; providing for a penalty not to exceed $2,000 for each violation thereof; and providing an effective date. BACKGROUND The city first implemented impact fees for water and wastewater on September 15, 1998 with the adoption of Ordinance No. 98-301. In the original drafting of the ordinance, the City Council decided to assess impact fees based upon the date of final plat approval and to collect impact fees at the time of building permit application. During the first two years of implementing the impact fee ordinance, some governmemal agencies that were exempt from the city's building permitting authority contended that this also exempted them from making payment of impact fees as well. Although the city's impact fee ordinance did not specifically imend to exempt building permit or platting exempt entities from paying impact fees, the wording in the ordinance provided an opportunity for these entities to claim exemption from paying impact fees. Staff provided a briefing on this concern to the Public Utilities Board on August 21, 2000 and to the City Council on September 12, 2000, and again on August 14, 2001 as a part of a general discussion on staff's initial experiences in implememing the City's first impact fee ordinance. During these briefings, staff recommended amending the impact fee ordinance to correct this situation and add language that specified that impact fees would be assessed at the time of building permit application or at that time service was requested and the development was connected to the city's water and/or wastewater system. Staff ultimately accomplished this as a part of the impact fee five-year update process that resulted in the adoption of Ordinance No. 2003-137 on May 13, 2003. However, shortly after the adoption of Ordinance 2003-137, one governmental entity tried to claim that the definition section in the ordinance [§26-213(9) - definition of "New Developmem"] referred to requirements for building permitting and again attempted to claim exemption from the impact fee ordinance. Staff consulted with outside legal counsel who assisted in-house counsel with the drafting of Ordinance No. 2003-137, and concluded that this claim was without merit, but nonetheless suggested making revisions to the definition section of the ordinance. This would eliminate any confusion on the applicability of impact fees to building-permit-exempt entities and the city's intent to charge impact fees for all new connections to the water and/or wastewater system. The four changes Staff proposes [the clarification of §26-221(a); the addition of §26-221(i), the amendment to §26-213(9), and the amendment to §26-213(14)] are recommended for the following reasons: §26-221 (a) - The words "or utility connection" clarify when an impact fee is to be computed. §26-221 (i) - This additional section clarifies the administrative responsibilities of the Director of Water Utilities in the implementation of the impact fee ordinance. §26-213(9) - Expands the definition of "new development" to include new connections to the water or wastewater utility system, or new water and wastewater demands placed upon the utility system due to redevelopment. § 26-213 (14) - Adds a definition for a "utility connection." The recommended revisions to the impact fee ordinance are administrative. It is our outside counsel's opinion that these four (4) minor changes do not trigger any requirement for additional studies or notice. The amendments strengthen the city's ability to implement impact fees for all new connections and new developments that would place increased demands upon the city's water and/or wastewater system that would not otherwise require the filing of a plat or issuance of a building permit. OPTIONS 1. Approve the ordinance revisions as proposed by Staff. 2. Keep the ordinance in its present form. RECOMMENDATION Staff recommends approval of the ordinance revisions as submitted. PRIOR ACTION/REVIEW (Council, Boards or Commissions) This item was presented to the Public Utilities Board at their June 14, 2004 meeting. The ordinance submitted to the PUB contained an amendment to §26-213(4) respecting a definition of the administrative responsibilities of the Director. After the meeting, counsel decided that it would be preferable to create a new separate section instead, §26-221(i), to express the same information. Also, there was the insertion of the words "or utility connection" in §26-221 (a) and (h) for clarity and consistency. The item was approved unanimously by PUB by a vote of 6-0. EXHIBITS 1. Ordinance 2. PUB Meeting Minutes Prepared by: Timothy S. Fisher, P.E. Assistant Director of Water Utilities Respectfully submitted: Howard Martin Assistam City Manager S:\Our Documents\CorrespondenceWIemos\04~AIS-Council-Amended Impact Fee Ord.doc ORDINANCE NO. 2004- AN ORDINANCE OF THE CITY OF DENTON, TEXAS UPDATING IMPACT FEES BY AMENDING CHAPTER 26, "UTILITIES," SECTION 26-210 THROUGH 26-232 OF THE CITY OF DENTON CODE OF ORDINANCES; ADOPTING REVISED LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLANS FOR WATER AND WASTEWATER IMPACT FEES; ESTABLISHING NEW SERVICE AREAS FOR WASTEWATER IMPACT FEES; ESTABLISHING NEW MAXIMUM IMPACT FEES PER SERVICE UNIT AND IMPACT FEES TO BE COLLECTED; CREATING SCHEDULES FOR THE ASSESSMENT AND COLLECTION OF IMPACT FEES; AMENDING THE DEFINITION OF "NEW DEVELOPMENT" CONTAINED IN SECTION 26-213(9); ADDING THE DEFINITION OF "UTILITY CONNECTION" TO SECTION 26-213(14); ADDING CLARIFYING LANGUAGE TO SECTION 26-221(a) AND (h); ADDING SECTION 26-221(i) WHICH CLARIFIES THE POWERS OF THE DIRECTOR RESPECTING THE ENFORCEMENT, ASSESSMENT, COMPUTATION OR COLLECTION OF IMPACT FEES;; REVISING PROCEDURES FOR ADMINISTERING IMPACT FEES; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 FOR EACH VIOLATION THEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Texas Local Government Code, Chapter 395 authorizes a city to adopt and to amend impact fees for the purpose of financing capital improvements required by new development; and WHEREAS, the City Council of the City of Demon, Texas initially enacted water and wastewater impact fees in accordance with Ordinance No. 98-301, dated on the 15th day of September, 1998; and it is now appropriate and lawfully required that the City once again address the issues of Land Use Assumptions and a Capital Improvements Plan, as well as the subject of Amended Water and Wastewater Impact Fees; WHEREAS, the City Council in accordance with law desires to update its impact fee program by amending land use assumptions, service areas, capital improvemems plans and impact fees for water and wastewater facilities; and WHEREAS, the City Council of the City of Demon, Texas has duly appoimed an Impact Fee Advisory Committee by ordinance; has received written comments from such Committee; and has adopted Land Use Assumptions and a Capital Improvements Plan for amended water and wastewater impact fees all in accordance with the requirements of Texas Local Government Code, Chapter 395; and WHEREAS, the City Council of the City of Demon, Texas has also received the recommendation of the Denton Public Utilities Board, an advisory committee; and EXHIBIT 1 WHEREAS, the City Council of the City of DeNon, Texas, having complied with all applicable substamive and procedural requiremems of Texas Local Governmem Code, Chapter 395, finds it necessary and appropriate to establish amended water and amended wastewater impact fees to pay the costs of certain capital improvements for new development; and the City Council of the City of Denton, Texas further finds and concludes it is necessary and appropriate to make the administrative amendments to the two definitions contained herein in Sections 26-213(9) and (14); the addition of clarifying language to Section 26- 221(a) and (h); and the addition of clarifying provisions contained in Section 26-2210); in order to clearly express its intentions respecting the administration and collection of impact fees, to the amended impact fee Ordinance No. 2003-137 enacted on May 13, 2003, and effective as of May 29, 2003; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the facts, circumstances, and recitations contained in the preambles to this Ordinance are hereby found and declared to be true and correct. SECTION 2. That the Land Use Assumptions for Water and Wastewater impact Fees hereby are amended as set forth in Exhibit A, which is attached hereto and incorporated by reference herein as if fully set forth. SECTION 3. That the Capital Improvements Plan for Water and Wastewater Impact Fees hereby are amended as set forth in Exhibit B, which is attached hereto and incorporated by reference herein as if fully set forth. SECTION 4. That Chapter 26 of the Code of Ordinances of the City of DeNon, Texas, emitled "Utilities," is hereby amended, which shall read as follows: CHAPTER 26: UTILITIES ARTICLE VI. IMPACT FEES Sec. 26-210. Short Title. This Article shall be known and cited as the "DeNon Impact Fee Ordinance." Sec. 26-211. Statement of Purpose. This Article is imended to assure the provision of adequate public facilities to serve new development in the City by requiring each development to pay its proportional share of the costs of such improvements necessitated by and attributable to such new development as related to water and wastewater capital improvements. Sec. 26-212. Authority. This Article is adopted pursuam to Chapter 395 of the Texas Local Governmem Code and pursuant to the DeNon Charter. The provisions of this Article shall not be construed to limit the powers of the City to utilize other methods authorized under state law, or pursuam to other City powers to accomplish the purposes set forth herein, either in substitution or in conjunction with this Article. The effective date of this Article is September 15, 1998. Sec. 26-213. Definitions. The following words, terms and phrases, as used in this Article, shall have the meanings respectively ascribed to them in this Section, unless the comext clearly indicates otherwise: (1) Area-related facility means a capital improvemem or facility expansion which is designated in the Impact Fee Capital Improvements Plan and which is not a site-related facility. Area-related facility may include a capital improvemem, which is located offsite, within, or on the perimeter of the development site. (2) Assessment means the determination of the amoum of the maximum impact fee per service unit that can be imposed on new developmem pursuam to this Article. (3) Capital improvement means any water supply; or treatment facilities; or wastewater treatmem facilities that have a life expectancy of three (3) or more years, and are owned and operated by or on behalf of the City. (4) Director means the Director of Water Utilities for the City of Demon, or his or her designee. (5) Facility expansion means the expansion of the capacity of any existing facility for the purpose of serving new development. The term does not include the repair, maintenance, modernization or expansion of an existing facility to serve existing developmem. (6) Impact fee capital improvements plan means the adopted plan for a service area, as may be amended from time to time, which identifies the water facilities or wastewater facilities and their associated costs which are necessitated by and which are attributable to new development, for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of water or wastewater impact fees pursuant to this Chapter 26, Article VI. (7) Infill development means a single-family residence of less than 1,300 square feet on a lot of less than 6,000 square feet. (8) Land use assumptions means the projections of population and employmem growth and associated changes in land uses, densities and imensities for a service area adopted by the City, as may be amended from time to time, upon which the impact fee capital improvements plan for the service area is based. (9) New development means an activity involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure, or any use or extension of land, which has the effect of increasing water or wastewater demand, measured by an increase in the number of the service units utilizing the City's water or wastewater system that are attributable to such activity, and which requires either the approval and filing of a plat, or a re-plat pursuam to the City's subdivision regulations, or the issuance of a building permit, or a utility connection. (10) Service area means a geographic area within the City or within the City's extraterritorial jurisdiction, within which impact fees for water or wastewater facilities may be collected for new developmem occurring within such area and within which fees so collected will be expended for those types of improvements identified in the type of capital improvements plan applicable to the service area. (11) Service unit means a standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards, for a particular category of capital improvements or facility expansions. For water and wastewater facilities, the service unit shall constitute the basis for establishing equivalency within various customer classes based upon the relationship of the continuous duty maximum flow rate in gallons per minute for a water meter of a given size and type compared to the continuous duty maximum flow rate in gallons per minute for a 3/4-inch diameter simple water meter. (12) Single-family equivalency ("SFE") means an equivalency factor, based on the demand associated with the smallest water meter used in the City of Denton, Texas utility system. SFE's are utilized to establish the number of service units to be allocated to various meter sizes used in the City of DeNon, Texas utility system. (13) Site-related facility means an improvemem or facility which is for the primary use or benefit of a new developmem and/or which is the for the primary purpose of safe and adequate provision of water and wastewater facilities to serve the new development and which is not included in the impact fee capital improvemems plan and for which the developer or property owner is solely responsible under subdivision and other applicable regulations. (14) Utility connection means connection of an individual meter to the City's water or wastewater system, or an increase in the size of an existing meter. Sec. 26-214. Impact fee as condition of development approval. No new development shall be connected to the City's water or wastewater system within the service area without the assessment of an impact fee pursuant to this Article, and no building permit shall be issued umil the applicam has paid the impact fee imposed herein. Sec. 26-215. Land use assumptions. (a) Said land use assumptions for the City shall be updated at least every five (5) years utilizing the amendment procedure set forth in Texas Local Government Code, Chapter 395. (b) Amendment to the land use assumptions shall incorporate projections of changes in land uses, densities, intensities and population for the service area over at least a ten (10) year period. Sec. 26-216. Water impact fee service area. There is hereby established an amended water impact fee service area, to include all land within the City and its extraterritorial jurisdiction, as depicted in Exhibit C, which is attached hereto and incorporated by reference herein as if fully set forth. Sec. 26-217. Wastewater impact fee service areas. There are hereby established two (2) wastewater impact fee service areas, the boundaries of which are respectively described in Exhibits D and E, which are attached hereto and incorporated by reference herein as if fully set forth. Sec. 26-218. Determination of service units. The number of service units for both water or wastewater impact fees shall be determined by using the land equivalency table, which converts the demands for water or wastewater improvements generated by typical land uses to water meter size, and which is attached hereto as Exhibit F and incorporated by reference herein as if fully set forth. Sec. 26-219. Impact fees per service unit. (a) Maximum impact fees per service unit for each service area shall be established by category of capital improvements. The maximum impact fee per service unit for each service area for each category of capital improvement shall be computed in the following manner: (1) For each category of capital improvements, calculate the total projected costs of capital improvements necessitated by and attributable to new development in the service area identified in the impact fee capital improvements plan; (2) From such amount, subtract a credit in the amount of that portion of utility service revenues, if any, including the payment of debt, to be generated by new service units during the period the capital improvements plan is in effect, including the payment of debt, associated with the capital improvements in the plan; (3) Divide the resultant amount by the total number of service units anticipated within the service area, based upon the land use assumptions for that service area. (b) The maximum impact fee per service unit for water or wastewater facilities by service area shall be as set forth in Schedule 1, which is attached hereto and incorporated herein by reference as if fully set forth. Schedule 1 shall be used to assess impact fees. Schedule 1 may be amended from time to time utilizing the amendment procedure set forth in Section 26-228. (c) The impact fee per service unit which is to be paid by each new development within a service area shall be as set forth in Schedule 2, which is attached hereto and incorporated by reference as if fully set forth, and shall be an amount less than or equal to the maximum impact fee per service unit established in Schedule 1. Schedule 2 may be amended from time to time utilizing the amendment procedure set forth in Section 26-228. Sec. 26-220. Assessment of impact fees. (a) Assessment of impact fees for any new development shall be made as follows: For land which is unplatted at the time of application for a building permit or utility connection, or for a new development which received final plat approval prior to the effective date of this Article, and for which no re-platting is necessary pursuant to the City's subdivision regulations prior to development, assessment of impact fees shall occur at the time application is made for the building permit or utility connection, whichever first occurs, and shall be the amount of the maximum impact fee per service unit in effect, as set forth in Schedule 1. (2) For a new development which is submitted for approval pursuant to the City's subdivision regulations on or after the effective date of this Article, or for which re-platting results in an increase in the number of service units after such date, assessment of impact fees shall be at the time of final plat recordation, and shall be the amount of the maximum impact fee per service unit in effect as set forth in Schedule 1. (b) Following assessment of impact fees pursuant to subsection (a), the amount of impact fee assessment per service unit for that development cannot be increased, unless the owner proposes to change the approved development by the submission of a new application for final plat approval or other development application that results in approval of additional service units, in which case a new assessment shall occur at the Schedule 1 rate then in effect for such additional service units. (c) Following the vacating of any plat or approval of any re-plat, a new assessment must be made in accordance with subsection (a)(2). (d) An application for an amending plat made pursuant to Texas Local Government Code §212.016 V.T.C.A. and the City of Denton Subdivision Ordinance, and for which no new development is proposed, is not subject to reassessment for an impact fee. Sec. 26-221. Computation of impact fees. (a) Following the filing and acceptance of a written application for building permit or utility connection, the City shall compute the impact fee due in the following manner: (1) The number of service units shall be determined by the size of the water meter purchased using the land equivalency table incorporated as Exhibit F, or by evaluation of the Director as provided in Section 26-218 or this section; (2) Service units shall be summed for all meters purchased for the development; (3) The total number of service units shall be multiplied by the impact fee per service unit for water or wastewater service facilities using Schedule 1 then in effect as established in Section 26-219; (4) The amount of each impact fee shall be reduced by any allowable offsets or credits for that category of capital improvements, in the manner provided in Section 26-223. (b) The amount of impact fee due for new development shall not exceed the amount computed by multiplying the assessed fee for water or wastewater service by the total number of service units generated by the development. The amount of impact fee due for redevelopment shall not exceed the amount computed by multiplying the assessed fee for water or wastewater service by the net increase in service units generated by the redevelopment. (c) The developer may submit or the Director may require the submission of a study, prepared by a professional engineer, licensed in the State of Texas, clearly indicating the number of water and/or wastewater service units which will be consumed or generated by the new development. The Director will review the information for completeness and conformity with generally accepted engineering practices and will, when satisfied with the completeness and conformity of the study, multiply the number of service units determined by the study times the impact fee per service unit contained in Section 26-219 above to determine the total impact fee to be collected for the development. The Director may also use recent historical water billing records for existing customers to determine water demands and SFE equivalents in accordance with data from the most recent Capital Improvements Plan. (d) Whenever the property owner increases the number of service units for a development, the additional impact fees collected for such new service units shall be determined based (e) (g) (h) (i) on Schedule 1 and applicable offsets, credits, and discounts then in effect and such additional fee shall be assessed and collected at the time the additional meters are purchased. In the event the property owner decreases the number of service units for a development, the property owner shall be entitled to a refund of the impact fee for impact fees actually paid, but only for the amounts represented by the decrease in service units based on the assessed fee and offsets: credits, or discounts applicable at the time the fee was paid. If the building permit for the property on which an impact fee is paid has expired and a new application is thereafter filed for the identical property and the number of service units, the impact fee previously paid satisfies the requirements of this Article. The impact fee shall attach to the property for which the impact fee was paid and shall not be transferable to other properties or service units. No building permit or utility connection shall be issued if the applicant cannot verify payment of the appropriate impact fee and other applicable fees or if existing facilities do not have actual capacity to provide service to the new connection(s). All matters pertaining to the enforcement, assessment, computation, or collection of impact fees provided for herein shall be determined by the Director, or his or her designate. Sec. 26-222. Collection of impact fees. (a) Except as otherwise provided in this Section, the impact fee for the new development shall be collected at the time the City issues a building permit, or if a building permit is not required, at the time an application is filed for a new connection, to the City's water or wastewater system or for an increase in water meter size. (b) Except as otherwise provided by contracts with political subdivisions, developer's contracts, or wholesale customers, no building permit shall be issued until all impact fees have been paid to the City. (c) The City may enter into an agreement for capital improvements with a property owner pursuant to Section 26-229 that establishes a different time and manner of payment. (d) The owner of an existing single-family homestead housing unit, actually occupying said homestead, may make payments of any water or wastewater impact fee required by the Article in monthly installments over a period of not more than five (5) years from the date payment of the fee is otherwise required by this Article. The owner of said homestead must execute a promissory note, deed of trust, homestead affidavit, or other documents to be prepared by the City Attorney sufficient to establish an enforceable lien on the real property. All such installment payments shall be subject to interest at a rate (e) (g) equal to a twelve-month average of the 5-year Treasury Note. The interest rate on such note shall be adjusted annually, according to the most current twelve-month average. In the event that a property owner agrees to construct or finance capital improvements in the capital improvements plan pursuant to Section 26-229, the costs of which are to be reimbursed to the owner from impact fees paid from other new developments that will use such facilities, the City may collect impact fees from such other new developments at the time final plats are recorded for such development. Schedule 1 sets the assessment rate and establishes maximum impact fees as set forth in subparagraphs (1) and (2) below: (1) For a new development for which final plat recordation occurred on or after September 15, 1998, but before May 29, 2003, the maximum impact fee per service unit shall be $2,044 for the water service area, and $483 for the Zone 1 wastewater service area. (2) For a new development for which final plat recordation occurred prior to September 15, 1998, on or after May 29, 2003, or for any new development which is not subject to paragraph (1), the maximum impact fee per service unit shall be as follows: $3,155 for the water service area; $1,703 for the Zone 1 wastewater service area; and $2,614 for the Zone 2 wastewater service area. Schedule 2 sets the collection rate for impact fees as set forth in subparagraphs (1) and (2) below: (1) Except as provided in paragraph (2), impact fees shall be collected and paid as follows: Water Service Area: $3,155 per service unit Wastewater Service Area (Zone 1): $1,437 per service unit (from May 29, 2003 until May 28, 2006) $1,570 per service unit (from May 29, 2006 until May 28, 2008) $1,703 per service unit (from May 29, 2008 until May 28, 2013) Wastewater Service Area (Zone 2): $1,437 per service unit (from May 29, 2003 until May 28, 2006) $1,893 per service unit (from May 29, 2006 until May 28, 2008) $2,614 per service units (from May 29, 2008 until May 28, 2013) Provided, however, Wastewater Service Area Impact Fees for Zone 1, for Single-Family Residences of less than 1,300 square feet, that are located on lots of less than 6,000 square feet, shall instead be charged, and the City shall collect a Wastewater Service Area Impact fee of 50% of the adopted Wastewater Service Area Impact Fee for Zone 1. (2) For a new development for which final plat recordation occurred on or after September 15, 1998, but before May 29, 2003, and for which no new service units have been added, impact fees shall be collected as follows: Water Service Area Wastewater Service Area (Zone 1) $2,044 per service unit $483 per service unit Sec. 26-223. Offsets and credits. (a) The City shall offset the reasonable value of any area-related facilities, identified in the impact fee capital improvements plan and constructed pursuant to an agreement with the City, except as otherwise provided therein, which are dedicated to and received by the City on or after the effective date of this ordinance, against the amount of the impact fee due for that category of capital improvement. No offsets or credits shall be provided for required over-sizing of water and wastewater lines or lift stations not identified in the capital improvements plan or for pro-rata payments to repay other developers for such over-sizing pursuant to Chapter 35-Development Code; and Subchapter 21-Water & Wastewater Standards. (b) The City shall credit any new development that occurs subsequent to the effective date of this Article, any amount of capital recovery fees which have been collected by the City pursuant to duly adopted ordinances and any impact fees collected by the City pursuant to this Article. (c) All offsets and credits against impact fees shall be subject to the following limitations and shall be granted based on this Article and additional standards promulgated by the City, which may be adopted as administrative guidelines. (1) No offset or credit shall be given for the dedication or construction of site-related facilities. (2) No offset or credit shall exceed the impact fee to be collected from new development as established in Section 26-219. (3) The unit costs used to calculate the offsets shall not exceed those assumed for the capital improvements included in the impact fee capital improvements plan for the category of facility within the service area for which the impact fee is imposed. 10 (4) If an offset or credit applicable to a plat has not been exhausted within ten (10) years from the date of the acquisition of the first building permit issued or connection made after the effective date of this Article or within such period as may be otherwise designated by agreement for capital improvements pursuant to Section 26-229, such offset or credit shall lapse. (5) In no event will the City reimburse the property owner or developer for an offset or credit when no impact fees for the new development can be collected pursuant to this Article or for any amount exceeding the total impact fees collected or due for the development for that category of capital improvement, unless otherwise agreed to by the City. (6) No offset shall exceed an amount equal to the eligible costs of the improvement multiplied by a fraction, the numerator of which is the impact fee per service unit due for the new development as computed using Schedule 2 and the denominator of which is the maximum impact fee per service unit for the new development as computed using Schedule 1. (7) Offsets or credits for area-related facilities dedicated to and accepted by the City for a development prior to the effective date of this Article shall be prorated among the total number of service units within such development and reduced by an amount equivalent to the number of existing service units within such development and shall be further reduced by the amount of any participation funds received from the City and by any payments received from other developments who utilize the system facility. (8) The City may participate in the costs of an area-related improvement to be dedicated to the City, including costs that exceed the amount of the impact fees due for the development under Schedule 1 for that category of capital improvements, in accordance with policies and rules established under the City's subdivision regulations and when incorporated into an agreement for capital improvements pursuant to Section 26-229. The amount of any offset shall not include the amount of the City's participation. (d) Unless an agreement for capital improvements is executed providing for a different manner of offsetting or crediting impact fees due pursuant to Section 26-229, an offset or credit associated with a plat shall be applied to reduce an impact fee at the time of application for the first building permit or at the time of application for the first utility connection for the property, in the case of land located within the City's extraterritorial jurisdiction, and, thereafter, to reduce impact fees subsequently to be collected, until the offset or credit is exhausted. 11 Sec. 26-224. Establishment of accounts. (a) The City's Department of Finance shall establish separate interest-bearing accounts clearly identifying the category of capital improvement (i.e. water facilities and wastewater facilities) within the service area for which the impact fee is collected. (b) Interest earned by each account shall be credited to the account on which it is earned and shall be used solely for the purposes specified for impact fees as authorized herein. (c) The City's Department of Finance shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the account are utilized solely for the purposes authorized in this Article. Disbursement of funds shall be authorized by the City at such times as are reasonably necessary to carry out the purposes and intent of this Article; provided, however, that any fee paid shall be expended within a reasonable period of time, but not to exceed ten (10) years from the date the fee is deposited into the account. (d) The City's Department of Finance shall maintain and keep adequate financial records for each such account, which shall show the source and disbursement of all revenues, which shall account for all monies received, the number of service units for which the monies are received, and which shall ensure that the disbursement of funds from each account shall be used solely and exclusively for the provision of projects specified in the impact fee capital improvements plan as area-related capital projects. The City's Department of Finance shall also maintain such records as are necessary to ensure that refunds are appropriately made in accordance with this Article. The records of the account into which impact fees are deposited shall be open for public inspection and copying during ordinary business hours. The City may establish a fee for copying services. Sec. 26-225. Use of proceeds of impact fee accounts. (a) The impact fee collected pursuant to this Article may be used to finance or to recoup capital construction costs for water and wastewater facilities identified in the impact fee capital improvements plan and for any purpose authorized in Texas Local Government Code, Chapter 395, V.T.C.A. as amended. Impact fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the City to finance such capital improvements or facilities expansions. (b) Impact fees collected pursuant to this Article shall not be used to pay for any of the following expenses: (1) Construction, acquisition, or expansion of capital improvements or assets other than those identified for the water and wastewater utility in the impact fee capital improvements plan; 12 (3) (4) (5) Repair, operation, or maintenance of existing or new capital improvements or facilities expansions; Upgrading, expanding, or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards; Upgrading, expanding, or replacing existing capital improvements to serve existing development; provided, however, that impact fees may be used to pay the costs of upgrading, expanding or replacing existing capital improvements in order to meet the need for new capital improvements generated by new development; or Administrative and operating costs of the City. Sec. 26-226. Appeals. (a) The property owner or applicant for new development may appeal the following decisions to the City Council: (a) the applicability of an impact fee to the new development; (b) the method of calculating the amount of the impact fee due; (c) the availability or the amount of an offset, credit or rebate; (d) the application of an offset or credit against an impact fee due; or (e) the amount of a refund due, if any. (b) The burden of proof shall be on the appellant to demonstrate that the amount of the fee or the amount of the offset, credit or rebate was not calculated according to the provisions of this Article. (c) The appellant must file a notice of appeal with the City Secretary within thirty (30) days following the determination of the amount of the impact fees to be paid by the development. If the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the City Attorney in an amount equal to the original determination of the impact fee due, the development application may be processed while the appeal is pending. Sec. 26-227. Refunds. (a) Any impact fee or portion thereof collected pursuant to this Article which has not been expended within ten (10) years from the date of payment, shall be refunded, upon application, to the record owner of the property at the time the refund is paid, or, if the impact fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Vemon's Ann. Civil Statutes, Title 79, Art. 1C.002, or any successor statute. 13 (b) (c) (d) Upon the request of an owner of the property on which an impact fee has been paid, the City shall refund such fees if: (1) Existing service is available and service is denied; or (2) Service was not available when the fee was collected and the City has failed to commence construction of facilities to provide service within two (2) years of fee payment; or (3) Service was not available when the fee was collected and has not subsequently been made available within a reasonable period of time considering the type of capital improvement or facility expansion to be constructed, but in any event no later than five (5) years from the date of the payment. The City shall refund an appropriate proportion of impact fee payments in the event that a previously purchased but uninstalled water meter for which the impact fee has been paid is replaced with a smaller meter, based on the service unit differential of the two (2) meter sizes and the fee per service unit at the time of the original fee payment. A petition for refund under this section shall be submitted to the Director on a form provided by the City for such purpose. Within one (1) month of the date of receipt of a petition for refund, the Director must provide the petitioner, in writing, with a decision on the refund request, including the reasons for the decision. If a refund is due to the petitioner, the Director shall notify the Assistant City Manager of Finance and request that a refund payment be made to the petitioner. Sec. 26-228. Update of plan and revision of fees. (a) The City shall update its land use assumptions and capital improvements plans at least every five (5) years, commencing from the date of adoption of such plans, and shall recalculate the impact fees based thereon in accordance with the procedures set forth in Texas Local Government Code, Chapter 395, or in any successor statute. (b) The City may review its land use assumptions, impact fees, capital improvements plans and other factors such as market conditions more frequently than provided in subsection (a) to determine whether the land use assumptions and capital improvements plans should be updated and the impact fee recalculated accordingly, or whether Schedules 1 or 2 should be changed. Schedule 2 may be amended without revising land use assumptions and capital improvements plans at any time prior to the update provided for in subsection (a), provided that the impact fees to be collected under Schedule 2 do not exceed the impact fees assessed under Schedule 1. (c) If, at the time an update is required pursuant to Subsection (a), the City Council determines that no change to the land use assumptions, capital improvements plan or impact fee is needed, it may dispense with such update by following the procedures in 14 Texas Local Government Code, Section 395.0575. (d) The City may amend by resolution the land use equivalency table (Exhibit F) at any time prior to the update provided for in Subsection (a), provided that the number of service units associated with a particular land use shall not be increased. Sec. 26-229. Agreement for capital improvements. An owner of a new development may construct or finance a capital improvement or facility expansion designated in the impact fee capital improvements plan, if required or authorized by the City, by entering into an agreement with the City prior to the issuance of any building permit for the development. The agreement shall be on a form approved by the City and shall identify the estimated cost of the improvement or expansion, the schedule for initiation and completion of the improvement or expansion, a requirement that the improvement be designed and completed to City standards and such other terms and conditions as deemed necessary by the City. The agreement shall provide for the method to be used to determine the amount of the offset to be given against the impact fees due for the development or any reimbursement to the owner for construction of the facility. Sec. 26-230. Use of other financing mechanisms. (a) In addition to the use of impact fees, the City may finance water and wastewater capital improvements or facilities expansions designated in the impact fee capital improvements plan through the issuance of bonds, through the formation of public improvements districts or other assessment districts, or through any other authorized mechanism, in such manner and subject to such limitations as may be provided by law. (b) Except as otherwise provided herein, the assessment and collection of a impact fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment which is lawfully imposed on and due against the property. (c) The City may pay all or part of impact fees due for a new development taking into account available offsets and credits pursuant to duly adopted criteria. Sec. 26-231. Conflicting ordinances. All ordinances or parts of ordinances that are in force when the provisions of this ordinance become effective, which are inconsistent or in conflict with the terms or provisions contained in this ordinance, are hereby repealed to the extent of the conflict. Sec. 26-232. Reserved. 15 SECTION 4. That any person violating any provision of this Ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this Ordinance is violated shall constitute a separate and distinct offense. SECTION 5. That if any section, subsection, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstances is held invalid by any court of competem jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Demon, Texas hereby declares it would have enacted such remaining portions, despite any such invalidity. SECTION 6. That this Ordinance shall repeal any conflicting ordinances and resolutions to the contrary; it being the intention of the City Council to fully amend all provisions of Chapter 26 of the City of Denton, Texas Code of Ordinances dealing with impact Fees. SECTION 7. That this Ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this Ordinance to be published twice in the Denton Record Chronicle, a daily newspaper published in the City of Demon, Demon County, 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 FORM: HERBERT L. PROUTY, CITY ATTORNEY By: 16 EXHIBIT "A" - Land Use Assumptions for Water and Wastewater Impact Fees EXHIBIT "B" - Capital Improvements Plans for Water and Wastewater Impact Fees EXHIBIT "C" - Amended Water Impact Fee Service Area EXHIBIT "D" - Wastewater Impact Fee Service Area - Zone 1 EXHIBIT "E" - Wastewater Impact Fee Service Area - Zone 2 EXHIBIT "F" - Land Equivalency Table S:\Our Documents\Ordinances\04~Amendment to 2003 Denton Amended Impact Fee Ord-Draft #3-071304.doc 17 CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES June 14, 2004 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, June 14, 2004, at 9:07 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. PRESENT: John Baines, Yolanda Guzman, George Hopkins, Charldean Newell, Dick Smith and Don White EX OFFICIO MEMBERS Michael Conduff, City Manager Howard Martin, ACM/Utilities EXCUSED: Bill Cheek The Public Utilities Board convened into Open Session at 9:07 a.m. CONSENT AGENDA: 1) Consider approval of an amended ordinance governing impact fees for the purpose of revising three definitions contained in §26-213. Board Member George Hopkins moved to approve Consent Agenda Item #1, with a second from Board Member Don White. The motion passed by a vote of 6-0. EXHIBIT 2 AGENDA INFORMATION SHEET AGENDA DATE: July 20, 2004 DEPARTMENT: ACM: Parks & Recreation Howard Martin, 349-8232 SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of Jagoe- Public, a hot mix asphalt plant need to operate between the hours of 7:00 pm and 6:00 am, Sundays through Thursdays, for 28 to 35 working days between July 21st and November 18~h, 2004. BACKGROUND Bill Cheek, Jr., Vice President of Jagoe-Public Company, is requesting an exception to the noise ordinance to run the plant between the hours of 7:00 pm and 6:00 am. Jagoe- Public will be working with Texas Department of Transportation paving maintenance project. The project is to begin around July 12, 2004. The Hot Mix Asphalt plant is located at 3020 Ft. Worth Dr. and the project is located on the 1-35E frontage roads (between Corinth and Lewisville). Mr. Cheek believes that performing this project at night is in the publics' best interest due to the daytime traffic congestions and that more people would be at risk of accident or injury due to the increase of large trucks entering into and existing the facility. There also would be an economic impact if delays occur. The exception is requested in accordance to Ordinance No. 2001-265, Section 20-1, #4 General Noise Violations: "The erection, excavation, demolition, alteration, or repair work on any building at anytime other than between the hours of 6:00 a.m. and 8:30 p.m. Monday through Friday from June 1 to September 30; between 7:00 a.m. and 8:30 p.m. Monday through Friday from October 1 to May 31; between 8:00 am and 8:30 pm on Saturday; and between 1:00 pm and 8:30 pm on Sunday; provided, however, that the city council may issue special permits for such work at other hours in case of urgent necessity and in the interest of public safety and convenience." The surrounding area consists mainly of residential homes and a mobile home park. PRIOR ACTION/REVIEW (Council, Boards or Commissions) None FISCAL INFORMATION None EXHIBITS 1. Letter of Request 2. Neighborhood Map RESPECTFULLY SUBMITTED: Janet Simpson, Director Parks and Recreation Department Prepared by: Community Events Coordinator JAGOE-PUB C CO. m0 Fl. Wot'& Dr. P.O, Box 250 De:nt~n, TX 76,202 M~n # (9~) 382.2581 Fax # (9~) 382-9732 ]une 16, 20,04 ]anie McLeod Community ~en~ Coordinator 321 E. McKinney Street Denton, Texas 7~01 9~-349-8384 Fax De~r Ms. McLeed: .lag~-Pu:biic Company will be paving on a T~as Depa~ment of Transpo~tion (TxDot) maintenance proje~, This pmje~ will ~in on or around ]uly i2, 2004. The proj~ will require much of the work be pe~rmed Sunday through ~ursday between the hours of 7:00pm and 6:00am, The project is located on the IH35E fron~ge roads (between Corinth and ~wJ~ille); however our Hot ~ix Asphalt plant is Jo~ted within the CiW of Denton at 3020 Ft. Wo~ Dr. We estimate that we will need to ~n our plant 28 to 35 wor~ng days between July 21st and November 18th, 2004. We are ~uesting an exceP~on to the CiW of Denton Noise OMinan~ for ~e above si~ation. We feel that performing this proje~ at night is in the public's be~ interest. T~ffic is much mom congested duNng the day and the~fore~ more people are at risk of accident or inju~. Not to ~ntion the economic impa~ of delays ~used. Please do not hesitate ~ call me to dis~ss this matter at (940) ~2-2581. Bill Ch~k, Jr. Vice President Cc: Murray N, Ricks~Presid~t EXHIBIT 1 m m ..? X mmm AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: July 20, 2004 City Manager's Office Kathy DuBose SUBJECT Consider adoption of an ordinance of the City of DeNon authorizing and ratifying an agreemem between the City of Denton, Texas and the Juneteenth Committee to support the 2004 Juneteenth Celebration; providing an effective date. BACKGROUND A Comingency Fund expenditure request was made on June 8, 2004 by Council Member Raymond Redmon to expend Council Comingency funds for the 2004 Juneteemh Celebration, which has been found to be a public purpose by the DeNon City Council in previous years. In order to meet time constraints, a contract was entered into June 18, 2004 for support of this year's Juneteemh Celebration. The July 20, 2004 City Council meeting is the first opportunity to bring this ordinance forward for ratification of the comract by the City Council. RECOMMENDATION Staff recommends approval of this ordinance ratifying the agreemem between the City and the Juneteenth Committee for support provided to the 2004 Juneteenth Celebration events. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On June 17, 2003, the DeNon City Council approved an equivalem ordinance authorizing an agreement between the City and the Juneteenth Committee for support of the 2003 Juneteenth Celebration. FISCAL INFORMATION The Comingency Fund expenditure request was for $1000.00. Prepared by: Pamela Rambo-Estill Assistant to the City Manager S:\Our Documents\Ordinances\04'duneteenth Celebration.doc ORDINANCB NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING ~ RATIFYING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE JUNETBENTH COMMITTEE TO SUPPORT THE 2004 JUNETEENTH CELEBRATION;] PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Juneteenth Committee (the "Organization") sponsors., and organizes the Juneteenth celebration in the City of Denton, Texas including hve entertairknent as part of the event; and i WHEREAS, the City Council finds that it is in the public interest io help support this community event; and WHEREAS, the City Council of the City of Denton hereby finds ttmt the Program and the agreement between the City and the Organization attached hereto and m~e a part hereof by reference (the "Agreement") serve a municipal and public purpose inclu~ng promotion of a significant historical and cultural event in Denton, the recognition of w~, rthy citizens, and positive promotion of the City of Denton to others outside of the City is in! the public interest; NOW, THEREFORE, THE COUNCII, OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this ordinan~:~ e are incorporated by reference into the body of this ordinance as if fully set forth herein. SECTION 2. The Agreement is hereby approved and ratified and tlie City Manager, or his designee's execution of the Agreement is hereby ratified. All expenditures authorized by the Agreement are also ratified and approved. SECTION 3. This ordinance shall become effective immediately u~on its passage and approval. .! PASSED AND APPROVED this the day of ! ,2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: EULINEBROCK, MAYO~ S:\Our Documents\Ordinances\04Uuneteenth Celebration. doc APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CiTY ATTORNEY BY: ~ AGREEMENT This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and "JuneteLmth Committee", a non-profit organization, hereinafter referred to as "Organization"; WHEREAS, City has determined that the Organization will perform !an ~important public service for the residents of Denton without regard to race, religion, color, aSe or national origin by providing for events such as the Juneteenth Celebration which helps promote and celebrate an important historical and cultural event, brings recognition to worthy citizens, and promotes the City of Denton to others by its favorable publicity; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES Organization shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used: Monies may be used to help pay for the cost and expenses directly related to providing live entertainment during the e~ent, held in June of 2004. Monies not to be used to pay overhead or salary of any individuai connected with the event or for the travel and entertainment expense of any individual connected with the event. 2. OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from City, Organization agrees to the following terms and conditions: A. The funds provided for in this agreement shall only be expended] for the purposes set forth in Article I above, subject to Section 4.A. and for no other purpose. B. The Organization shall expend the funds in a manner that will allow for a tracing of funds and a review of the specific expenditures for which the funds were utilized. C. The Organization shall permit authorized officials of City to rexqiew its books at any time. .i D. The Organization will reduce to writing all of its rules, regulatid, ns, and policies and file a copy with City Manager's office along with any amendments, additions, or revisions whenever adopted. E. The Organization shall not enter into any contracts that would incumber City funds for a period that would extend beyond the term of this Agreement. S:\Our Do~uments\Contracts\0&Juneteenth Celebration Agreement.doe 'l F. As funds are expended, the Organization shall provide document~.tion in the form of cancelled checks and corresponding receipts detailing expenditure. ~ G. The Organization shall appoint a representative who will be ava/iable to meet with City officials when requested. H. The Organization shall indemnify and hold harmless City fi:om any and all claims and suits arising out of the activities of Organization, its employees, and/or contr~tors. I. The Organization shall submit to City copies of year-end audited fihancial statements. 3. TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by Ort~anization within the following time frame: { June 1, 2004 to September 1, 2004 unless the Agreement is sooner terminated under Section 7 "Suspension or Termination". 4. PAYMENTS A. PAYMENTS TO ORGANIZATION. City shall pay to the organization the sum of $1,000.00 to be used solely for the purposes set forth in Section 1 above, i B. EXCESS PAYMENT. Organization shall refund to City within ten (!0) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to Organization; or 2) has not been spent strictly in accordance with the terms of this ,/~greement; or 3) is not supported by adequate documentation to fully justify the iexpenditure. C. DEOBLIGATION OF FUNDS/REVERSION OF ASSETS. In the event that actual expenditures deviate from Orgardzation's provision of a corresponding level iofperformance City hereby reserves the right to reappropriate or recapture any such under expanded funds. If City finds that Organization is unwilling and/or unable to comply with any ~f the terms of this Agreement, City may require a refund of any and all money expended pursuant to this Agreement by Organization, as well as any remaining unexpended funds which shall be refunded to City within ten working days of a written notice to Organization to reVert these financial assets. The reversion of these financial assets shall be in addition to any other remedy available to City either at law or in equity for breach of this Agreement. S:\Our Documents\Contracts\04XJuneteenth Celebration Agreemaent.doc2 D. AGREEMENT CLOSE OUT. Organization shall submit the Agreemefi~t close out package to City, together with a final expenditure report, for the time period covere4 by the last invoice representing final expenditure of funds under this Agreement, within fifteefi (15)working days following the close of the Agreement period. Organization shall utilize the form agreed upon by City and Organization. 5. EVALUATION Organization agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. Organization agrees to make a~,ailable its financial records for review by City at City's discretion. In addition, Organization a~ees to provide City the following data and reports, or copies thereof: A. All external or internal audits. Organization shall submit a Copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. C. Until such time as all disbursed funds have been expended~ and all document submissions are complete, the Organization agrees to submit quarterly ftmncial statements in July, October, January, and April. Each statement shall include current and year-to-date period accounting of all revenues, expenditures, outstanding obligations and beginning and ending balances. Quarterly financial reports shall be submitted to the City within 1.5 working days after the quarter has been completed. E. An explanation of any major changes in program services. F. To comply with this section, Organization agrees to maintain recoi-ds that will provide accurate, current, separate, and complete disclosure of the status of funfls received and the services performed under this Agreement. Organization's record system sh~l contain sufficient documentation to provide in detail full support and justification fo~ each expenditure. Organization agrees to retain all books, records, documents, reports, anc~ written accounting procedures pertaining to the services provided and expenditure of funds u¢, der this Agreement for five years. 'i G. Nothing in the above subsections shall be construed to relieve Organization of responsibility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. ~ 6. DIRECTORS' MEETINGS i During the term of this Agreement, Organization shall deliver to Cit~ copies of ail notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and S:\Our Documents\Contracts\04XJuneteenth Celebration Agreement.doc 3 a brief description of the matters to be discussed. Organization understands and agrees that City's representatives shall be afforded access to all meetings of its Board of I~irectors. ! Minutes of all meetings of Organization's governing body shall be available to City within ten (10) working days of approval. 7. SUSPENSION OR TERMINATION 'i A. The City may terminate this Agreement for cause if the Orgar~zation violates any covenants, agreements, or guarantees of this Agreement, the Organization 'stinsolvency or filing of bankruptcy, dissolution, or receivership, or the Organization's violation of any law or regulation to which it is bound under the temps of this Agreement. The Cit3 may terminate this Agreement for other reasons not specifically enumerated in this paragraph. B. The City may terminate this Agreement for convenience at an~ time. If the City terminates this Agreement for convenience, Organization will be paid an .a~ount not to excee, d the total mount of accrued expenditures as of the effective date of terminatiOn. In no event will this compensation exceed an mount that bears the same ratio to the tot~.~ompensation as the services actually performed bears to the total services of Orgardzati~n covered by the Agreement, less payments previously made. i In case of suspension, City shall advise Organization, in writing, as to i:onditions precedent to the resumption of funding and specify a reasonable date for compliance. ~ In case of termination, Organization will remit to City any une~pended City funds. Acceptance of these funds shall not constitute a waiver of any claim City ~nay otherwise have arising out of this Agreement. 8. EQUAL OPPORTUNITY AND COMPLIANCE WITH 1 A. Organization shall comply with all applicable equal employm affirmative action laws or regulations. AWS mt opportunity and B. Organization will furnish all information and reports requeste{1 by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. ~ C. In the event of Organization's non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in ~vhole or in part, and Organization may be barred from further contracts with City. 9. WARRANTIES ORGANIZATION represents and warrants that: S:\Our Documents\Contracts\04klunementh Celebration Agreement.doc 4 A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the iflformation, data, or report, and, since that date, have not undergone any significant change with*~ut written notice to City. B. Any supporting financial statements heretofore requested by ('.ity and furnished to City, are complete, accurate and fairly reflect the financial conditions of Org~ afization on the date shown on said report, and the results of the operation for the period covere :l by the report, and that since said data, there has been no material change, adverse or otherwfise, in the financial condition of Organization., Organization. No litigation or legal proceedings are presently pending o! threatened against None of the provisions herein contravenes or is in conflic! with the authority under which Organization is doing business or with the provisions of any ~xisting indenture or agreement of Organization. E. Organization has the power to enter into this Agreement aJnd accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of Organization are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by Organization to City. Each of these representations and warranties shall be continuing md shall be deemed to have been repeated by the submission of each request for payment. 10. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this A reement shall be by written amendment executed by both parties, except when the terms of this ~greement expressly provide that another method shall be used. B. Organization cannot significantly change the nature, inte~t, or scope of the program funded under this Agreement without the prior written approval ofl he City. C. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreeff~ent without written amendment hereto, and shall become a part of the Agreement on the effec~ve date specified by the law or regulation. S:\Our DocurnentsXContracts\04kluneteenth Celebration Agreement.doe D. Organization agrees to notify City of any proposed change in Physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change. E. Organization shall notify City of any changes in personnel Ior governing board composition, between !or F. It is expressly understood that the transfer of funds among programs of the Organization will not be permitted. 11. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that City is contracting with Organization as an independent contractor a~d that as such, 'Organization shall save and hold City, its officers, agents and employee~ harmless from all liability of any nature or kind, including costs and expenses for, or ~n account of, any claims, audit exceptions, demands, suits or damages of any character wiaatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of Organization. B. Organization agrees to provide the defense for, and to~ihdemnify and hold harmless City its agents, employees, or contractors from any and all cl~a~ms, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liabilic~ arising out of the use of these contracted funds and program administration and imple~nentation except to the extent caused by the willful act or omission of City, its agents or emlfloyees. 12. CONFLICT OF INTEREST A. Organization covenants that neither it nor any member of its gove has any interest, direct or indirect, which would conflict in any manner performance of services required to be performed under this Agreement. :ning body presently or degree with the Organization further covenants that in the performance of this Agreement, no person having sttch interest shall be employed or appointed as a member of its governing body. B. Organization further covenants that no member of its govemifig body or its staff, subcontractors or employees shall possess any interest in or use his/her pgsition for a purpose that is or gives the appearance of being motivated by desire for private gai~ for himself/herself, or others; particularly those with which he/she has family, business, or other!ties. C. No officer, member, or employee of City and no member of its ~overning body who exercises any function or responsibilities in the review or approval of the ur~ertaking or carrying out of this Agreement shall participate in any decision relating to the Agr{ement which affects his personal interest or the interest in any corporation, parmership, or associ~ttion in which he has direct or indirect interest. S:\Our Documents\Contracts\04~Juncte~nth Celebration Agreement.doc 13. NEPOTISM Organization shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Organization,, or is a member of Organization's governing board. The term "member of immediate familY" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. 14. NOTICE Any notice or other written instrument required or permitted to be tlelivered under the terms of this Agreement shall be deemed to have been delivered, whether .actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to Organization or City, as the case may ~e, at the following addresses: CITY ORGANIZATION City of Denton, Texas Attn: City Manager 215 E. McKinney Denton, TX 76201 Juneteenth Committee Attention: Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. 15. MISCELLANEOUS A. Organization shall not transfer, pledge or otherwise assign thi4 Agreement or any interest therein, or any claim arising thereunder to any party or parties, batik, trust company or other financial institution without the prior written approval of City. B. If any provision of this Agreement is held to be invalid, illegal, Or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C.. In no event shall any payment to Organization hereunder, or any ~)ther act or failure of City to insist in any one or more instances upon the terms and condition s of this Agreement constitute or be construed in any way to be a waiver by City of any breach o f covenant or default which may then or subsequently be committed by Organization. Neither shz,ll such payment, act, or omission in any manner impair or prejudice any right, power, privilege, oi: remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of City may waive the effect of this provision. S:\Our Documents\Contracts\04~Juneteenth Celebration Agreement.doc ? ! D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, ~sertion, staten~ent, understanding, or other commitment occurring during the term of this Agree,inent, or subsequent thereto, have any legal force or effect whatsoever, unless properly executekt in writing, and if appropriate, recorded as an amendment of this Agreement. E. In the event any disagreement or dispute should arise betweefl the parties hereto pertaining to the interpretation or meaning of any part of this Agreement orlits governing rules, codes, laws, ordinances, or regulations, City as the party ultimately respon!sible for matters of compliance, will have the final authority to render or to secure an interpretati,6n. F. This Agreement shall be interpreted in accordance with the laws o.~ the State of Texas and venue of any litigation concerning this Agreement shall be in a .~ourt of competent jurisdiction sitting in Denton County, Texas. IN WITNESS WHEREOF, the parties do hereby affix their signamre~ and enter into this Agreement as of the ~ day of ,2004. CITY OF DENTON, TEXAS BY: MICHAEL A. CONDUFF,CITY ATTEST: JENNIFER WALTERS, CITY SECRETARY MANAGER BY: APPROVED AS TO LEGAL FORM: BY: S:\Our Documents\Contracts\04'duneteenth Celebration Agreement.doc ATTEST: BY: ORGANIZATION SECRETARY S:\Our Documents\Contracts\O4~Iuneteenth Celebration Agreement. doc JUNETEENTH COMMi BY: rTEE ~ AGREEMENT This ~e~--m~l~'hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal ~oration, hereinafter referred to as "City", and "Juneteenth Committee", a non-profit organization, hereinafter referred to as "Organization"; WHEREAS, City has determined that the Organization will perform an 'important public service for the residents of Denton without regard to race, religion, color, age or national origin by providing for events such as the Juneteenth Celebration which helps promote and celebrate an important historical and cultural event, brings recognition to worthy citizens, and promotes the City of Denton to others by its favorable publicity; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES Organization shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used: Monies may be used to help pay for the cost and expenses directly related to providing live entertainment during the event, held in June of 2004. Monies not to be used to pay overhead or salary of any individual connected with the event or for the travel and entertainment expense of any individual connected with the event. 2. OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from City, Organization agrees to the following terms and conditions: A. The funds provided for in this agreement shall only be expended for the purposes set forth in Article I above, subject to Section 4.A. and for no other purpose. B. The Organization shall expend the funds in a manner that will allow for a tracing of funds and a review of the specific expenditures for which the funds were utilized. C. The Organization shall permit authorized officials of City to review its books at any time. D. The Organization will reduce to writing all of its rules, regulations, and policies and file a copy with City Manager's office along with any amendments, additions, or revisions whenever adopted. E. The Organization shall not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. S :\Our Documents\Contracts\04Uuneteenth Celebration Agreement. doc ]- F. As funds are ex ended, the Or anization shall provide documentation in t.h~ P . . g . . . cancelled checks and correspon&ng receipts detmhng expenditure. _/'~,~,x ~, ~ G. The Org~ization shall appoint a representative who will be av e to meet w~t City officials when requested. H. The Organization shall indemnify and hold harmless City from any and all claims and suits arising out of the activities of Organization, its employees, and/or contractors. I. The Organization shall submit to City copies of year-end audited financial statements. 3. TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by Organization within the following time frame: June 1, 2004 to September 1, 2004 unless the Agreement is sooner terminated under Section 7 "Suspension or Termination". 4. PAYMENTS A. PAYMENTS TO ORGANIZATION. City shall pay to the Organization the stun of $1,000.00 to be used solely for the purposes set forth in Section 1 above. B. EXCESS PAYMENT. Organization shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to Organization; or 2) has not been spent strictly in accordance with the terms of this Agreement; or 3) is not supported by adequate documentation to fully justify the expenditure. C. DEOBLIGATION OF FUNDS/REVERSION OF ASSETS. In the event that actual expenditures deviate from Organization's provision of a corresponding level of performance City hereby reserves the right to reappropriate or recapture any such under expended funds. If City finds that Organization is unwilling and/or unable to comply with any of the terms of this Agreement, City may require a refund of any and all money expended pursuant to this Agreement by Organization, as well as any remaining unexpended funds which shall be refunded to City within ten working days of a written notice to Organization to revert these financial assets. The reversion of these financial assets shall be in addition to any other remedy available to City either at law or in equity for breach of this Agreement. S:\Our Documents\Contracts\04XJuneteenth Celebration Agreement.doc 2 D. AGREEMENT CLOSE OUT. Organization shall submit the Agreement close out package to City, together with a final expenditure report, for the time period covered by the last invoice representing final expenditure of funds under this Agreement, within fifteen (15) working days following the close of the Agreement period. Organization shall utilize the form agreed upon by City and Organization. 5. EVALUATION Organization agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. Organization agrees to make available its financial records for review by City at City's discretion. In addition, Organization agrees to provide City the following data and reports, or copies thereof: A. All external or internal audits. Organization shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. C. Until such time as all disbursed funds have been expended and all document submissions are complete, the Organization agrees to submit quarterly financial statements in July, October, January, and April. Each statement shall include current and year-to-date period accounting of all revenues, expenditures, outstanding obligations and beginning and ending balances. Quarterly financial reports shall be submitted to the City within 15 working days after the quarter has been completed. E. An explanation of any major changes in program services. F. To comply with this section, Organization agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. Organization's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Organization agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for five years. G. Nothing in the above subsections shall be construed to relieve Organization of responsibility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. 6. DIRECTORS' MEETINGS During the term of this Agreement, Organization shall deliver to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and S:\Our Documents\Conlxacts\04XJuneteenth Celebration Agreement.doc 3 a brief description of the matters to be discussed. Organization understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Organization's governing body shall be available to City within ten (10) working days of approval. 7. SUSPENSION OR TERMINATION A. The City may terminate this Agreement for cause if the Organization violates any covenants, agreements, or guarantees of this Agreement, the Organization's insolvency or filing of bankruptcy, dissolution, or receivership, or the Organization's violation of any law or regulation to which it is bound under the terms of this Agreement. The City may terminate this Agreement for other reasons not specifically enumerated in this paragraph. B. The City may terminate this Agreement for convenience at any time. If the City terminates this Agreement for convenience, Organization will be paid an amount not to exceed the total amount of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount that bears the same ratio to the total compensation as the services actually performed bears to the total services of Organization covered by the Agreement, less payments previously made. In case of suspension, City shall advise Organization, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, Organization will remit to City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising out of this Agreement. 8. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A. Organization shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. B. Organization will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. C. In the event of Organization's non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Organization may be barred from further contracts with City. 9. WARRANTIES ORGANIZATION represents and warrants that: S:\Our Documents\Contracts\04XJuneteenth Celebration Agreement.doc 4 A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. B. Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of Organization on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of Organization. C. No litigation or legal proceedings are presently pending or threatened against Organization. D. None of the provisions herein contravenes or is in conflict with the authority under which Organization is doing business or with the provisions of any existing indenture or agreement of Organization. E. Organization has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. character, furnished F. None of the assets of Organization are subject to any lien or encumbrance of any except for current taxes not delinquent, except as shown in the financial statements by Organization to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. 10. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. Organization cannot significantly change the nature, intent, or scope of the program funded under this Agreement without the prior written approval of the City. C. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. S:\Our Documents\Contracts\04Uuneteenth Celebration Agreement.doc D. Organization agrees to notify City of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change. E. Organization shall notify City of any changes in personnel or governing board composition. F. It is expressly understood that the transfer of funds between or among programs of the Organization will not be permitted. 11. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that City is contracting with Organization as an independent contractor and that as such, Organization shall save and hold City, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of Organization. B. Organization agrees to provide the defense for, and to indemnify and hold harmless City its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of City, its agents or employees. 12. CONFLICT OF INTEREST A. Organization covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Organization further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. Organization further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or others; particularly those with which he/she has family, business, or other ties. C. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest. S:\Our Documents\Contracts\04XJuneteenth Celebration Agreement.doc 13. NEPOTISM Organization shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Organization, or is a member of Organization's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. 14. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to Organization or City, as the case may be, at the following addresses: CITY ORGANIZATION City of Denton, Texas Attn: City Manager 215 E. McKinney Denton, TX 76201 Juneteenth Committee Attention: Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. 15. MISCELLANEOUS A. Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to Organization hereunder, or any other act or failure of City to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by Organization. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of City may waive the effect of this provision. S:\Our DocumentskConlxacts\04Uuneteenth Celebration Agreement.doc D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regulations, City as the party ultimately responsible for matters of compliance, will have the final authority to render or to secure an interpretation. F. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. IN WITNESS WHEREOF, the, parties do hereby affix their signatures and enter into this Agreement as of the ½J~W day of 5~.~, 2004. CITY OF DENTON, TEXAS MICHA~A. 0DNDUFF,CI~J/MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: BY: S:\Our Documents\ContractsX04Uuneteenth Celebration Agreement.doc ATTEST: B DRGANIZATI~)N SECRETARY JUNE~MMITTEE S:\Our Documents\Contracts\04kluneteenth Celebration Agreement.doc AGENDA INFORMATION SHEET AGENDA DATE: July 20, 2004 DEPARTMENT: CM/DCM/ACM: Engineering Jon Fortune, Assistant City Manager SUBJECT: Consider adoption of an ordinance approving an Interlocal Cooperative Agreement between the City of Denton & Denton County approving a project for completion of roadway pavement improvements on Long Road from the Denton Independent School District's western property line to Stuart Road adjacent to and serving the new Denton Athletic Facility/Advanced Career and Technology Center; and providing for an effective date. BACKGROUND: Denton County has agreed to participate in the cost of roadway paving improvements with The Denton Independent School District on Long Road from the Denton Independent School District's western property line to Stuart Road adjacent to and serving the new Denton Athletic Facility/Advanced Career and Technology Center. The purpose of the paving project is to provide additional/improved exiting capabilities during special events at the DISD Athletic Facility. The county will provide $60,000 toward the project with DISD covering the balance of the cost. There will be no financial participation from the City of Denton. A portion of the paving improvements are within the City of Denton limits thus the need for the Interlocal Cooperation Agreement. The paving project will consist of applying an asphalt overlay within the existing limits of Long Road from DISD's west property line to Stuart Road. The paving is scheduled to be complete in late August, prior to the first football game at the new stadium and will provide a second paved exit from the site. Exiting traffic will be divided east and west on Long Road. Traffic routed west over the subject paving improvements will access Loop 288 from Stuart Road and will be required to turn right (west on Loop 288) because of the proposed concrete barriers in the Loop 288 median and with the aid of off-duty police officers. RECOMENDATION Staff recommends adoption of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) N/A FISCAL INFORMATION -1- The estimated cost of the paving project is $90,000.00. Denton County will participate up to $60,000.00 with DISD covering the balance. There is no financial participation by the city of Denton. ATTACHMENTS 1. Ordinance 2. Interlocal Agreement between County & City 3. Exhibit "A" Interlocal Agreement Between County & DISD 4. Site Map Prepared by: David Salmon, Assistant Director Engineering Department Respectfully submitted: Charles Fiedler, Director Engineering Department -1- ORDINANCE NO. AN ORDINANCE APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY APPROVING A PROJECT FOR COMPLETION OF ROADWAY PAVEMENT IMPROVEMENTS ON LONG ROAD FROM THE DENTON INDEPENDENT SCHOOL DISTRICT'S WESTERN PROPERTY LINE TO STUART ROAD ADJACENT TO AND SERVING THE NEW DENTON ATHLETIC FACILITY/ADVANCED CAREER AND TECHNOLOGY CENTER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City and Denton County desire to enter into an Interlocal Cooperation Agreement approving a project for roadway pavement improvements to Long Road in substantially the same form as the Inteflocal Cooperation Agreement attached hereto and made a part hereof by reference (the "Interlocal Agreement"); 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 this ordinance are incorporated herein by reference. SECTION 2. The Interlocal Agreement is hereby approved. The Mayor, or her designee, is hereby authorized to execute the Interlocal Agreement on behalf of the City. The City Manager or his designee, is hereby authorized to carry out the rights and duties of the City 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. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO~pEGAL FORM: H ERBE~~ CI~TY ATTORNEY BY: F~-~ c~ ~.~"X_ EULINEBROCK, MAYOR THE STATE OF TEXAS COUNTY OFDENTON INTERLOCAL COOPERATION AGREEMENT FOR ROAD IMPROVEMENTS TO LONG ROAD BETWEEN THE CITY OF DENTON AND DENTON .C,,..QUNTY~ TEXAS THIS AGREEMENT is made and entered into by and between Denton County, Texas, a political subdivision of the State of Texas, hereinafter referred to as "County" and the City of Denton, Texas, a home rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter referred to as "City". This Agreement. is for the purposes of roadway pavement improvements on Long Road fi.om the Denton Independent School District's property line to Stuart Road adjacent to and serving the new Denton Athletic Facility/Advanced Career and Technology Center, hereinafter referred to as the "Project," described in the Interlocal Cooperation Agreement (ICA) between the County and the Denton Independent School District attached as Exhibit "A" hereto and made a part hereof by referenced (the "County/DISD lnterlocal Agreement"). WHEREAS, County has provided funding for several road projects within the limits of the City through and as part of the january 1999 Better Safer Roads Bond Program, WHEREAS, City and County value the early completion of the Project which involves roads which are integral parts of the County's road system; and WHEREAS, City and County mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Interloeal Cooperation Act; and City of Denton ICA 1 WHEREAS, City desires the participation of County in the Project as authorized by Texas Transportation Code §251.012; and WHEREAS, each party paying for the performance of governmental functions or services is making those payments from current revenues available to the paying party and all payments are in an mount that fairly compensates the performing party for the services or functions performed under this agreement; NOW, THEREFORE, it is mutually agreed by the parties hereto as follows: The term of this Agreement shall commence upon execution by all parties and shall terminate upon completion of the Project or upon termination of this Agreement under the provisions of Section V. The Project is described as follows: roadway pavement improvements on Long Road from the Denton Independent School District's property line to Stuart Road adjacent to and serving the new Denton Athletic Facility/Advanced Career and Technology Center, hereinafter referred to as the "Project". Pursuant to Texas Government Code §791.011, the parties hereto agree that the purpose of this Agreement is to ensure that certain governmental functions and services in the area of streets, roads and drainage are performed. The parties hereto further agree that each of them is authorized to perform the functions and services individually. City of Denton ICA 2 As required by Texas Transportation Code §251.012 and as evidenced by the signature of the City's representative below, the governing body of City by the execution of and approval of this Agreement approves the County/DISD Interlocal Agreement and the expenditure of County money directly to DISD pursuant thereto in an amount of SIXTY THOUSAND AND NO/00 DOLLARS ($60,000.00), for the Project. The City's sole responsibility is to consent to the Project, the County/DISD Interlocal Agreement, and this Agreement. DISD is responsible for the subject roadway improvements. V This Agreement may be terminated in whole or in part by the County or City upon thirty (30) days' written notice to the other party setting forth a substantial failure by the defaulting party to fulfill its obligations under this agreement through no fault of the terminating party: No such termination may be affected unless the defaulting party is given: (1) written notice delivered by certified mail, return receipt requested of intent to terminate setting forth the substantial failure to perform; and (2) not less than thirty (30) calendar days to cure the failure; and (3) an oppommity for consultation with the terminating party prior to termination. : For City: Copy To: Michael A. Conduff, City Manager The City of Denton Mayor 215 E. McKinney Street Denton, Texas 76201 Herbert L. Prouty, City Attorney City of Denton 215 E. McKinney Street Denton, Texas 76201 For County: Hon. Mary Horn Denton County Judge City of Denton ICA 3 Copy to: 110 East Hickory Denton, Texas 76201 District Attorney's Office/Civil Division Attn: Lee Veness 1450 East McKinney, Suite 3100 P.O. Box 2850 Denton, Texas 76202 VI. The covenants, conditions and terms hereof are to be construed under the laws of the State of Texas and are performable by all parties in Denton County, Texas. The parties mutually agree that venue for any obligation arising from this Agreement shall he in Denton County, Texas. VII. This writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms of their agreement. This Agreement can be modified or terminated according to the provisions of Section VIII only by writing signed by both of the parties or their duly authorized agents. VIII. This Agreement is not intended to extend the liability of the parties beyond that provided by law. Neither County nor City waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising by third parties. IX. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. City of Denton ICA 4 The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any and all necessary resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED in triplicate originals. COUNTY Denton County, Texas 110 West Hickory Denton, Texas, 76201 CITY City of Denton, Texas 215 E. McKinney Denton, Texas 76201 By: By: Hon. Mary Horn Demon County Judge Hon. Euline Brock City of Denton Mayor Acting on behatf and by the authority of the. Acting on behalf and by the authority of the Commissioners Court of Denton County, City of Denton, Denton County, Texas Texas ATTEST: By: Denton County Clerk ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO FORM: By: Assistant District Attorney APPROVED AS TO FORM CIT~ ATTORNE¥~/~-"'..~ / // BY: -- ~~ City of Denton ICA 5 AUDITOR'S CERTIFICATE I hereby certify funds will be available in the amount of SIXTY THOUSAND AND NO/00 DOLLARS ($60,000.00), toward financing the Project to accomplish and pay the obligation of Denton County, Texas under this Agreement. James Wells, County Auditor City of Denton ICA 6 JUN-8~ 84 14:81 T0:940 588 798~ PAGE:04 FROM:MITCHELL DTN CTY CLK 940J49801J Exhibi! ^ THE STATE OF TEXAS COUNTY OF DENTON iNTEI~,OCAL COOPERATION AG ._RE___EMI~NT ~BETWEEN TI~ DENTON,I .N~. EPENDENT SCHOO..L DISTRICT AI~ DENTON CouNTY~TEXAS THIS AGREEMENT is made and entercdby and'between Denton County, Texas, a political subdivision of the State of Texas, hereinafter referred to as the "County," and the Denton Independent School Diseict, a political subdivision located within Denton County, Texas, duly organized and authorized under the laws of the State of Texas, hereinafter referred to ~ the "DISD.' ' WITNESSETH that Denton County and DISD propose to make wadw~y pavement improvements on Long Road from the district pmpzrty l~e to Stuar~ Road adjacent to and serving the new Denton Athletic Facility/Advanced Career and Technology Center, here~ referred to as the "Project." WI~REAS, the County is a duly orga~'dzed and political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit oft.he citizens of Denton Count?, T~as; WHEREAS, the DISD is a duly organized political subdivision in Denton County, Togas, engaged in the educational function and related services for the benefit of the citizens of thc ~rea serviced by the DISD; and WHEREAS, the County and the DISD mutually desire to be subject to thc' provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation Act; which provides authorization for any local government to contract with one or more local Denton lSD Paso 1 PROPERTY OF DENTON COUNT JUN-S3 04 14:01 FROM:MITCHELL DTW CTY CLK 9403498813 TO:g40 388 7983 PAGE:OS governments to perform governmental functions and services under the terms of the Act; WHEREAS, a portion of the contemplated roadwork may bc within the City of Denton city limits, and that their'consent will be necessary. NOW, THEREFORE, the County and the DISD, for the mutual consideration hereinafter stated, agree and understand as follows: This Agreement becomes effective when signed by the last party whose signing makes this Agreement fully executed ~nd upon the execution of an ICA with the City of' Denton granting consent to the roadwork to the extent that any of the roadwork .falls' within their city limits. This Agreement may be terminated at any time by either party giving thirty (30) days advance notice in writing to the other party. I1. The DISD and the County hereby agree that the scope of the Project shall be limited to roadway pavement imprOvements ors Long Road from the dis~ct property line to Stuart Road adjacem to and serving the new Denton Athletic Facility/Advanced Career and Technology Center, costs for which are currently estimated to be approximately $90,000.00, County agrees to Contribute fi'om current funds for the Project an amount not to exceed SIXTY THOUSAND A.,ND NO/00 DOLLARS ($60,000.00) for its completion. County shall make payment for Project from the Better, Safer Roads Program directly to the Contractor who performs this work. The County's payments to the Contractor shall be made within thirty (30) business days of receiving an invoice and after the County has laterlocal Coowration Agra-meet Deag~n ISD Page 2 PROPERTY OF DENTON COUNi JUN-~J ~4 14:0~ FRO~:MITCHELL DTN CTY CLK 940J49~01~ T0:940 ~8~ 79~ PAGE:06 verified that Lhe work invoiced was completed and meets County standards and standards of the Contractor's Contract. Thc DISD will assume responsibility for all costs exceeding the $60,000.00 contributed by thc C,ounty, oversee the construction of the Project and administer the timely payment of labor and materlais for the Project. DISD will bc responsible to ensure that the Contractor provides proper statutory payment told performance bonds, naming the County and DISD on the bonds. The DISD shall acqu~c any needed fight-of-way, retain the engineering services requited, and obtain all necessary permits or clearances for the Project. DISD will be responsible to carefully follow all laws applicable to government contracting under Texas Law. Before issuing specifications for bidding, DISD will obtain thc approval of the County Engineering Depa~nent that these specifications relating to Construction of the road meet the County standards. DISD underst, ands and agrees ttmt thc DISD, its employees, servants, agents, and representatives shall at no time rcpres~t themselves to be employees, servants, agent and/or representatives or the County. VI. County understands and agrees that the County, its employees, s~rvan~s, agents, and representatives shall .at no time represent themselves to be employees, ~rvants, a~tent and/or representatives or the DISD. This agreement is not intended to extend the liability of the parties beyond that provided by law. Neither the County nor the DISD waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made by third parties. lntcrloca) Cooperation Agreement' Denton lSD Pane 3 PROPERTY 0F DENTON JUN-2~ 04 14:02 FROM:MITCHELL DTN CTY CLK 940~4~01~ T0:940 3B2 792'3 PAGE:O7 This agreement represents thc entir~ agreement bctweert the County and the DISD and supersedes all prior negotiations, representations and/or agreements, eilher written or ora]. This agreement may be amended ouly by written instrumen! signed by the governing bodies of both the County and the DISD or those authorized ~o sign on behalf of those governing bodies. The validity of this agreement and of any of its terms or provision, as well as the fights and duties of the parties hereto, shall be governed by lhe laws of the State of Texas. Further, this agreement shall be performable in Denlon County, Texas. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effe~ ~o the extent possible. The undersigned officer and/or agents of thc parties hcreto are the properly authorized officials and have the necessary authorily to execute this agreement on behalf of the parties hereto, and each party hereby certifies to the oth~ that any' necessary resolutions extending sa!d authority have been duly passed and are now in full force and effect. XII, Pursuant to V.T.C.A., Government Code Seclion 791.01 I, the pnnies hereto agree that the purpose of this Agreement is to ensure that certain governmental functions and services in the a/ea of streets, roads and drainage are performed. The parties hereto [otedocat Cooperation Agreement I:)~otoa lSD Pa~e 4 PROPERTY OF DENTON 'COUNTY JUN-2~ 04 14:03 FROM:MITCHELL DTN CTY CLK 9403492~15 T0:940 38E ?923 PA~E:08 further a~ee that each of them is authorized to peneorm the functions and services individually. EXECUTED in duplicate originals this, the ~ day of ,'~'"u ~ ~_ 2004. COUNTY DISD Denton Counry, Texas Denton Independent School District l I 0 West Hickory 1307 N. Locust Street Dcnt°n.,~,~201 ,.~/ Denton, Texas, 76202 By: ~ By: Actini on behalf an ~d~u~ .J~.lActing on behalf and by the authority of the Conurtissioners Court?, '~j]~l[~'.~# Denton Independent School District, Texas ~~~.~,~ Denton Cowry, Texas - -- . , A~: . ,, .') .... ! . aTTEST: :,' l~y: ~ l~y. ~_e.~e Title ,AUDITOR'S CERTIFICATE I hereby certify that funds are available in thc amount of $60 000,00 to accomplish and pay the obligation of Denton County under this contract funding to come from Better, Sai'er, Bond Funds Precinct #1 Discretionary Funds. '", Sames/W~li$ ' - r- COunty Auditor tnterlo~l CoGitation Agreement Denton ISD P~e $ PltOPEm'Y OF DENTON COUNT JUN-23 04 14:0J FROM:MITCHFII ~TN CTY CLK 9403498813 TO:g40 382 798~ PAGE:Og _APPROVAL Og INTERLOCAL COOPERA_ TIDN AGREI~MKNT.PROJECT The County of Denton, acting by and throul/h the Courtly Commissiont~ Court, having been advised of' a project to a Project for roadway pavement improvements to Long Road fi'om th~ district property line to Stuart Road ndjaccm to and severing the new Denton ^thlctic Facility/Advanced Career and Technology Center located within Denton County. Texas, and within the City of Denton, under an Interlocal Contract, herein gives its specific written approval of the project prior to beginning the project in satisfaction of the requirements of V.T.C.A., Oovernment Code, Clutpter 791. the Interlocal Cooperation At, t, Section 79t.014. The description of thc type of project to be undertaken and its location are as follows: roadway pavement hllprovemcnts to Long Road from lhe district property line to Smart Road adjacent to and .scvcrinl~ thc new Denton Athletic Facility/Advanced Cm'eer and Technology Center The local govemmen! which requested the project and with which the County of Denton has contracted is the Denton Independent School District ("DISD"), By vote on this date, the Commissioners Court has approved the project idemified above and authorized execution et' this document by the presiding officer on behalf of Denton County, Texas, By:~ Presiding Officer Denton County Corn.missioners Court Project Approval Page I Z 0 0 0 ~91g ~.:1 1S~:30-i J AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: July 20, 2004 Police Jon Fortune, Assistam City Manager SUBJECT: Consider adoption of an ordinance of the City of DeNon, Texas amending the provisions of Chapter 18 relating to motor vehicles and traffic by amending Section 18-107 to allow for disabled parking signs to be posted on a wall or on a post; providing for a severability clause; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. BACKGROUND: Currently, Section 18-107 of the Code of Ordinances states: A person who owns or comrols property used for parking may designate one (1) or more parking spaces for the exclusive use of vehicles transporting temporarily or permanemly disabled persons. Such parking spaces shall be designated by posting immediately adjacem to and visible from each space a nonmovable sign that: 1. Has a notice of the penalty for a violation of Vernon's Annotated Civil Statutes; 2. Is permanemly mourned on a pole at least five (5) feet in height; 3. Has a profile view of a wheelchair with an occupam in white on a blue background; and 4. Meets the design criteria established by the state department of highways and public transportation as provided in Vernon's Annotated Civil Statutes. Vernon's Annotated Civil Statutes were repealed and replaced with the Texas Transportation Code. State statute allows for a sign to be mounted either on a pole or on the wall of a building, and requires only that the symbols contrast with the background. The State signage requiremems are now comained in Section 5(i), Article 9102, Revised Statutes, of the Texas Commission of Licensing and Regulation. Staff is proposing to revise the City's existing ordinance to bring the ordinance imo agreement with State regulations. Additionally, the prosecution of handicapped parking violations is adversely impacted by the signage requirements, which are stricter than the State requiremems. This ordinance would allow for greater latitude in the design and posting of signage and, therefore, increase the opportunity for successful prosecution. OPTIONS 1. The City Council can approve the proposed ordinance. 2. The City Council can choose not to approve the proposed ordinance. RECOMMENDATION Staff recommends approval of the ordinance. PRIOR ACTION/REVIEW: None FISCAL IMPACT: Because this revision is less restrictive than the current ordinance, most current signs will be in compliance. Therefore, there should be no fiscal impact on either the City or private property owners. Respectfully submitted, Charles Wiley Chief of Police Prepared by: Joanie Housewright Captain Operations Bureau S:Our Docunlmlts Ord hlmlce~04 DisabledPark hlgSignAnlendnlmlt s doc PASSED AND APPROVED this the ____day of .,2004. ATTESTED: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: Page 2 of 2 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: July 20, 2004 Police Jon Fortune, Assistam City Manager SUBJECT: Consider adoption of an ordinance of the City of DeNon, Texas amending Section 18-13 of the Code of Ordinances of the City of DeNon by prohibiting the operation of bicycles, motor assisted scooters, and neighborhood electric devices or any other similar vehicle or toy devices on sidewalks in the area surrounding the City Square; providing that this ordinance does not apply to any mobility impaired individual using a motorized device; providing for a severability clause; providing a repealing clause; providing for a penalty not to exceed two hundred dollars for a violation of this ordinance; providing for publication; and providing for an effective date. BACKGROUND: Section 18-13 of the Code of Ordinances curremly prohibits individuals from operating a skateboard, roller skates, roller blades, or other similar device at any time on any sidewalk around the Square, including those adjacem to Locust, Elm, Hickory, Oak, Pecan, Walnut, Cedar and Austin Streets. Reportedly, bicycles were not explicitly included in the current ordinance because it was believed that State law prohibited the operation of bicycles on a sidewalk. Therefore, bicycles did not need to be regulated by ordinance. Section 551.101(a) of the Texas Transportation Code states that a person operating a bicycle has the rights and duties applicable to a driver operating a vehicle. Section 541.302(16) defines a sidewalk as the portion of a street that is between a curb or lateral line of a roadway and the adjacem property line, and is imended for pedestrian use. And Section 545.422(a) states that a person may not drive a motor vehicle on a sidewalk. Therefore, while the law may imply that bicycles can't be operated on a sidewalk, it does not explicitly prohibit it. Further, Section 551.302 states that a person may operate a motor assisted scooter on a sidewalk and that provisions applicable to the operation of a bicycle apply to the operation of a motor assisted scooter. Since the law directly associates a motor assisted scooter with a bicycle, it could be argued that a bicycle could be operated on a sidewalk. For many years, staff has received numerous complaints from pedestrians and Downtown merchams about bicyclists riding on the sidewalks around the Square. The signs currently posted display illustrations of skates and skateboards and cite the ordinance. When bicyclists have been advised that they cannot ride on the sidewalk, they point to the sign as an indication that it is not a prohibited activity. Further, since the sign cites the ordinance and the ordinance does not include a prohibition against bicycles, a bicycle cannot simply be placed on the sign. Therefore, this ordinance will expressly prohibit operating a bicycle on the sidewalks adjacent to streets around the Square thereby eliminating any confusion on the part of citizens. Additionally, motor assisted scooters and neighborhood electric devices are becoming a more common mode of transportation. Those are included in anticipation of complaints regarding those devices being ridden on sidewalks around the Square in the future. An explicit exception is included for electric personal assistive mobility devices used by disabled individuals to avoid any confusion regarding the types of electric devices that are prohibited. OPTIONS 1. The City Council can approve the proposed ordinance. 2. The City Council can choose not to approve the proposed ordinance. RECOMMENDATION Staff recommends approval of the ordinance. PRIOR ACTION/REVIEW: None FISCAL IMPACT: This ordinance will result in the replacement of fifteen signs around the Square, at a cost of $37.50 each, for a total of $562.50. Additional revenue may be realized from citations issued, but there is no historical data upon which to base such a projection. Prepared by: Respectfully submitted, Charles Wiley Chief of Police Joanie Housewright Captain Operations Bureau S:Our Docunlmlt ~Or dinance~04 NoBicyclesonSquar e doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 18-13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY PROHIBITING THE OPERATION OF BICYCLES, MOTOR ASSISTED SCOOTERS, AND NEIGHBORHOOD ELECTRIC DEVICES OR ANY OTHER SIMILAR VEHICLE OR TOY DEVICES ON SIDEWALKS IN THE AREA SURROUNDING THE CITY SQUARE; PROVIDING THAT THIS ORDINANCE DOES NOT APPLY TO ANY MOBILITY IMPAIRED INDIVIDUAL USING A MOTORIZED DEVICE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS FOR A VIOLATION OF THIS ORDINANCE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ~. Chapter 18 "Motor Vehicles and Traffic" of the Code of Ordinances of Denton, Texas is hereby amended by prohibiting the operation of bicycles, motor assisted scooters, and neighborhood electric vehicles to vehicles or toy devices on sidewalks on the city square. The title to Section 18-13 shall also be changed. Section 18-13 shall read as follows: Sec. 18-13. Vehicles and toy devices prohibited on sidewalks in designated areas. When signs are erected giving notice thereof, no person shall operate a bicycle, motor assisted scooter, neighborhood electric device, skateboard, roller skates, roller blades, or other similar device at any time on any sidewalks running adjacent to the streets listed below: (1) On Pecan Street from five hundred (500) feet west of its intersection with Cedar Street to five hundred (500) feet east of its intersection with Austin Street. (2) On Oak Street from five hundred (500) feet west of its intersection with Cedar Street to five hundred (500) feet east of its intersection with Austin Street. (3) On Hickory Street from five hundred (500) feet west of its intersection with Cedar Street to five hundred (500) feet east of its intersection with Austin Street. (4) On Walnut Street from five hundred (500) feet west of its intersection with Cedar Street to five hundred (500) feet east of its intersection with Austin Street. (5) On Cedar Street from five hundred (500) feet north of its intersection with Pecan Street to five hundred (500) feet south of its intersection with Walnut Street. (6) On Elm Street from five hundred (500) feet north of its intersection with Pecan Street to five hundred (500) feet south of its intersection with Walnut Street. (7) On Locust Street from five hundred (500) feet north of its intersection with Pecan Street to five hundred (500) feet south of its intersection with Walnut Street. S:Our Docunlmlt ~Or dinance~04 NoBicyclesonSquar e doc (8) On Austin Street from five hundred (500) feet north of its intersection with Pecan Street to five hundred (500) feet south of its intersection with Walnut Street. This section shall not apply a mobility-impaired individual using a personal assistive mobility device such as a motorized wheelchair. SECTION 2, That if any provisions of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 3. That all provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and effect. ~. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not to exceed two hundred dollars ($200). SECTION 5. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within (10) days of its passage. PASSED AND APPROVED this the day of ., 2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY EUL1NE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 of 2 AGENDA INFORMATION SHEET AGENDA DATE: July 20, 2004 DEPARTMENT: CM/DCM/ACM: Police Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal Cooperation Agreemem between the City of DeNon and the City of Krum for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreemem; and providing for an effective date. BACKGROUND: The City has maimained an agreemem with Krum for the housing and disposal of dogs and cats for approximately two years. The animals delivered by Krum have not resulted in overcrowding at the Animal Comrol facility. The agreement states that the City of Denton will provide the following services to Krum for the impoundmem and disposition of animals delivered to the City of DeNon from Krum: (1) The City of Denton will hold these animals for ninety-six (96) hours if not claimed by an owner. If the owner does not claim the animal within the prescribed ninety-six (96) hours, the animals will be euthanised or made available for adoption. (2) The City of Denton will accept and hold rabid suspects in quaramine for ten (10) days. (3) The City of DeNon will remove and ship the heads of rabid suspects for rabies testing by the Texas Department of Health. For the services, Krum agrees to pay fees set forth in the agreemem as follows: (1) A holding fee in the amoum of fifteen dollars (15.00) for the first day or part of a day and five dollars ($5.00) for each subsequem day per animal held for reclamation by the owner. (2) A holding fee in the amoum of fifteen dollars (15.00) for the first day or part of a day and five dollars ($5.00) for each subsequem day per animal held in quarantine as a rabies suspect. (3) Thirty dollars ($30.00) for each animal euthanized. (4) Seventy ($70.00) for each decapitation and head shipment. After consultation with City legal staff, the traditional agreement has been modified. The agreement period for this and all other interlocal agreements for housing and disposal of dogs and cats shall now coincide with the calendar year with an effective date of January 1st and shall self-renew each year until one or both parties choose to terminate the agreement. Termination of the agreement requires ninety days notice. We believe that adjusting the agreement period and providing for the automatic renewal of the agreement provides a much more efficient process than requiring staff to prepare the same agreement and the governing bodies to approve the same agreement every year when there are rarely changes to the agreement. Should either party determine a need to alter the terms of the agreement, through modification of the services provided or the fees charged for those services, those revisions could be easily accomplished through the current process. Krum initially notified the Animal Services staff that they planned to contract with the City of Sanger for these services. Krum now advises that Sanger has yet to gain State approval for their facility and, therefore, Krum needs to renew its agreement with Denton to ensure they have a facility within which to hold animals. OPTIONS 1. The City can choose not to renew the interlocal agreement with Krum. 2. The City can approve the ordinance and renew the interlocal agreement. RECOMMENDATION The Department recommends approval of the ordinance and renewal of the interlocal agreement with Krum. 1. The interlocal agreement provides a valuable service to service to the citizens of Krum. 2. The housing and disposal of dogs and cats has not, and is not projected, to create a hardship Animal Control operation. 3. The interlocal agreement is a source of revenue for the City. PRIOR ACTION/REVIEW: The attached interlocal agreement and ordinance has been reviewed for legal form and content by the City of Denton Legal Department. The agreement was approved by the Krum City Council. FISCAL IMPACT: The prescribed fees in the agreement are calculated to recover all costs of all services rendered and, therefore, this agreement does not result in an increase in expenditures. Based on prior years, it is estimated that this agreement will generate approximately $500 in revenue. Respectfully submitted, Charles Wiley Chief of Police Prepared by: Joanie Housewright Captain Operations Bureau ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Mayor, or in her absence, the Mayor Pro Tem, is hereby authorized to execute an Interlocal Cooperation Agreement between the City of Denton and the City of Krum for the impoundment and disposition of dogs and cats, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. That the City Council authorizes the collection of all fees as provided pursuant to the provisions of said Agreement. SECTION 3. 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: STATE OF TEXAS § CO~ OF DENTOIq § INTERLOCAL COOPE~TION AG~E~NT WHEREAS, the City of Denton, Tex~ ("DENTON") md the CiW of ~, Texas ("KR[JM") are both local govenanents with the authority and pow~ to contract; a_nd WHE~AS, D~NTON is engaged in the services of holding ~d ~sposing of dogs and cats tbt the benefit oft. he citizens of DENTON; and WHEREAS, DENTON is the o~er of certain facilities and equipment designed for the holding and disposition of dogs: and cats ~d has in/ts employ ~ained personnel whose duties are related to the use of such facilities and equipment; and WHEREAS, KRUM d~ires to obtain impoundment ~d disposition services for do~ and cats rendered by DENTON, as mom fully hereafter described, for ~e benefit of ~e citizens of WHEREAS~ KRUM ~d DENTON mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract p~uant thereto; and WHEREAS, both DENTON and I-LRLIM have the authority to per£o~ the services set forth in t~his A~ent individually in accordance with Texas Goverm~en~ Code §791.01 l(c); WHE~S, ~UM wi.II make ail payments for so--ices out of available current revenues ~d DENTON a~es that the payments made by I~J~.UlVi hereunder MII fairly compensate it for the services provided; NOW, ~EREFORE, KRIJM and DENTON, Ibr the mutual consideration hereinafter stated, agree as follows: COVENANTS OF THE CITY OF DENTON t. Holding of Dogs and Cats, DENTON agrees to acx:ept ~d hold dogs and cats lawfully impounded by anthoriz~ representatives of' KRUM under the following terms and conditions: Holding Pehed for Dogs and Ca~. DENI'ON agrees to hold such dogs ~d ca:ts tbr a period of n~nety-six (96) hours from the time they are acc~ted by the Animal Control Center in order to allow the owners of the impounded animal a reasonable mourn of time to reclaim the impoumled animal. If the animal is not reclaimed within the ninety-six (96) hour p~od, the ownership of the animal mall rev~ to the Animal ConSol Center, Animals willk be humanely destroyed or placed for adoption at the discretion of the Animal Contmi staff. Holdin~ Fees £or l.mpound~ Dow and Cats. For the pu¢ose of this Agreem~t, DENTON will charge Fifteen Dollars ($15.00) for the ~st day or part of a day mad Five Dollam (35.00) for each subsequent da5, holding fee ~a~ ~ animal is held at the Animal Con~l C~ter. In detaining the meaning of the term "mimal" as: ~ed here/n, it is agreed that a pregnant animal which has its litter while being held, or ~ ~irrml which is nursing its litter and is being k~t in the stone cage, ~1I be considered one animal for the ~aessme'nt of charges provided for in this Agreement. This foe will be ~sessed against the owner of' uhe ~mal at the time the anirrml is reclaimed. No animal will be released until all app!ieable fees are paid in full. Holding of Quarmtine Animals, DENTON agrees to acc~t and hold rabid suspects in quarantine for KRUM when conditions pemt, ~d such ~tion is authorize~ by a repmsen~tive of ~krM. Holding Fees for ©u~antined Animals. The holding fee for quarantined animals shall be Fi:keen Dollars ($~5.00) for the first day or part of a day and F~ve Dollars ($5~00) for each mbseqa~t day that ~e animal is held. Head Shipments and Rabies T~ting~ Upon request of KRIJM, DENTON will provide for the removal and shipment of heads of rabid suspects for clinical rabies testing at ~he Texas Department of Health. The fee for this s~ice shall be Thirty-five Dollars ($35~00) :for each head ~ipped. B. COVEBIANTS OF THE CITY OF Financial P, esponsibiIities. In order to reimburse DENTON for its coats ~curred under this Agreement, KRLrM agrees to pa>' for the holding f'ees and euthanasia fees on dogs and ems received from KRUM or its authorized agent if the animal(s) is no~ reclaimed by the owner. These fees will be assessed on the folloMng q~a$is: Euthmtized Animal: Fiaeea Doli~-s ($15~00) for the first day or part cfa day and Five Dollars ($5.00) for each subsequent day holding fee for each animal as detained herein, plus Thirty Dollar ($30.~) euthanasia fee. Adopted Animal: 'F~een Doll,s ($1.5.00) for the first day or part of a day ~d Five Dollars ($5~00) for each subsequent day holding :fee for each animal as dete~in~ herein. c, Head Shipments: Seventy Dollars ($70.00) sh/ppmg fee. ANIMAk C~O,'qI'ROL ~EI~.OC.a,L COOPER/~T'[~ A~IR~MI;~T - d. C~s disposal: Five doll.s ($5.00). DENTON w/Il collect impound fees duly authorized by KRUM and ~ spedfied in this paragraph from the owners of dogs. and cats received £rom KRUM. Impound fee monies will be applied m fe~ owed DENTON by KRUM for animals not reclmmed by the owner: rT~TI~O'r~T'~ FEE Impoundment - $20.00 Impoundment- $30.00 !m~ent -$45.00 Impo~dmem - $70.00 3. KRUM agrees payment shall be made within forty, five (45) days ofree~pt of invoice T DENTON agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all DENTON's employees and agents, DENTON's subcontractors and/or contract laborers doing work under a contract or agreement with DENTON in peffomance of this Agreement KRUM. KRUM agrees to and accepts hll responsibility- for the ~t~, negligence, and/or omissions of al! KRUM's employees ~d agents, KRUM's subtotal'actors and/or contract laborers doing work under a contract or agreement with KR[~ in performance of this A~ment with DENTON. k is further a~ that if claim or liabitily shall ~se imm the joint or con¢~ng negligmce of bo~ p~ies hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texa** This paragraph shall not be construed as a waiver by either p~ of any defenses available to it ~der the laws of the State of Texas, It is understood that it is not the intention of the parties hereto to create liabili.ty fo~ the benefit of third parties, but that this .Agreement shall be for the benefit of the parties hereto. The fact that KRUM and DENTON accept certain res~nsibilifies relating to the colI~fion and impounding of dogs and eats under this Agmemmt ~ part of their responsibility for providing protection for the public health and welfare and, therefore, m~es it imperative that the performance of these vital services be reco~ized as a goverm~aental immnnity shall be, ~d is hereby invoked to the hll extent possible under the law. Ne~the~ DENTON nor IGqUM w~ves or shall be demed hereby to waive any immunity or defense that would otherwise be available to it against the claims ~ising from ~e exercise of governmental functions. AN'[MAL CONTROL D(IT~RLO~C2.At- CO0~'ERATION ~M~~ -- ~ The term of this Agreement shall be in one-year increments, beginning on Sanuary' 1, 2004 and continuing to December 31 of the following year and thereafter from year to y~r until terminated in accordance with this agreement. Either pm'ty may terminate ~s Agreement at ~y time without cause by giving 90 ~ys advance notice in writing to the o~er, speei~ng the date of termination. If either pa,,ay breaches a provision of this A~eement, the other party shall give the defaulting p~y written notice of the default. Should the defaulting p~y £ail to eo~ect the de£ault within thirty days of the date notice of defaul.t is sent, the other party may declare the Agreement terminated. ~is Agreement represents the entire and integrated agreement between DENTON ~d ~UM rand supersedes ali prior negotiations, representations, anWor agreements, either written or oral, This Agreement may be amended only by ~*~tt~ instrument si~ by both DENTON and This A~eement and any of its terns or provisions, ~ well as the rights and duties of the pa~es hereto, shall be governed by the laws of the State of Texas. In the event that any portion of this Agreemen~ ~all be fomd to be c~n~ to law, it is the intent of the p~.es hereto that the remaining portions shall remain valid and in fi~!l force and effect to the extent possible~ The undersign~ officer and/or agents of the parties hereto ~ the properly authorized officials and have the neeess~y authority m ex,ute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolmions extending said. authority have been duly p~sed and are now in full £ome and effect. 2OO EXECUTED in duplicate originals 'chis the day of C~Y OF DENTON, TEXAS BY: EL~INE BROCK, MAYOR ATTEST: JENN1FER WALTERS, CITY SEC~TARY BY: APPROVED 3,3 TO I~G,~uL FOP~M: HERBERT L, PROUTY, CITY ATTORNEY CITY OF KRUM, TEXAS ATTEST: CITY SECRETARY APPROVED AS TO LEG~ FO~: CITY ATTOPd'4 EY PAGE, 5 OF ..q AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: July 20, 2004 Engineering Jon Fortune, Assistant City Manager SUBJECT Consider the adoption of an Ordinance approving a Real Estate Contract between Deborah J. Wrenn as seller and the City of Demon, Texas as purchaser for a tract of land commonly known as 1110 E. Sycamore located in the Cisco Survey, Abstract 1184 in the City of Denton, Denton County, Texas; authorizing the expenditure of funds and providing an effective date. BACKGROUND Acquisition of this lot will cominue the program authorized by City Council in 1998 to further develop and expand Phoenix Park. The acquisition of available lots has provided more open space, preservation of large native trees, picnic areas, neighborhood buffer, and potential expansion of the parking lot. A new playground was installed in 2000, and a new trail will be constructed this summer along the creek providing more pedestrian use throughout the park. OPTIONS 1. Approve the Ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the Ordinance and Real Estate Contract. ESTIMATED PROJECT SCHEDULE Closing is amicipated for July 31, 2004. PRIOR ACTION/REVIEW 1998 FISCAL INFORMATION Purchase price of $9,000.® provided by Park Land Dedication Funds, plus standard and customary closing costs estimated to be approximately $1500.®. ATTACHMENTS Location map Draft Ordinance Real Estate Contract Survey Prepared by: Pamela England Real Estate Specialist Respectfully submitted: Charles Fiedler, Director Engineering Department S:\Our Documents\Ordinances\04\Wrenn Real Estate Approval. DOC ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN DEBORAH J. WRENN AS SELLER AND THE CITY OF DENTON, TEXAS AS PURCHASER FOR A TRACT OF LAND COMMONLY KNOWN AS 1110 E. SYCAMORE LOCATED IN THE CISCO SURVEY, ABSTRACT 1184 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Real Estate Contract attached hereto and made a part hereof by reference (the "Contract") is hereby approved. The City Manager or his designee is hereby authorized to execute the Contract on behalf of the City and to carry out the City's fights and duties therein, including the expenditure of funds provided therein. SECTION 2. 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 FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: STATE OF TEXAS COUNTY OF DENTON REAL ESTATE CONTRACT THIS CONTRACT OF SALE is made by Deborah J. Wrenn, (hereina~er reft'red to as "Seller") and CITY OF DENTON, TEXAS, a .home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract of land described as Solomon Hill 3, Block 4, Lot 11 located in the Cisco Abstract 1184, also known as 1110 E. Sycamore, said tract is descn~ed in "EXHIBIT A" and further illustrated in "EXHIBIT B", attached herein, with all fights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjace~ streets, alleys or rights-of-way (all of such real property, rights, and appurtenances being hereinaRer referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinatier set forth. II, PURCHASE PRICE Amount of Purchase Price. The total purchase price for the Property shall be the sum of Nine Thousand Dollars and No Cents ($9,000.°°) (the "Purchase Price"). Payment of Purchase Price. The full amotmt of the Purchase Price shall be payable in cash at the closing. III. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 1. Preliminary Title Report. Within ten (1 O) business days after the date hereof, Seller, at Purchaser's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owner's policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration often (10) business days a~er Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory. in the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify ali unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) business days after receipt of written notice, Purchaser, at its option may elect to terminate this Agreement (in which event this Agreement shall be null and void), grant Seller additional time to cure, or proceed to closing. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the commitment. 2. Surve2g. Purchaser, at Purchaser's sole cost and expense, shall obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all hiiprovements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shah set forth the total acreage comprising the Property, together with a metes and bounds description thereof. Following delivery' of the Survey, the parties agree to amend this Contract to substitute the metes and bounds description of the Property set forth on the Survey for the current description set forth herein if the current description is different fi:om that set forth in the Survey. Purchaser will have ten (10) business days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10)- business day period, give Seller written notice of this fact. Seller shal[, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) business days after receipt of written notice, Purchaser, at its option may elect to terminate this Agreement (in which event this Agreement shah be null and void), grant Seller additional time to cure, or proceed to closing. Purchaser's failure to give Seller this written notice shall be deemed to be Purchasers acceptance of the survey. 3. Seller's Compliance. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. 2 IV. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchs~or as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. Except for the prior actions of Purcha.~er, there is no pending or threatened condemuation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof~ nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. Seller h~s complied with ali applicable laws, ordinances, regulations, statutes, rules and restrictiom relating to the Property, or any part thereof. To the best of the seller's knowledge, .there are no toxic or hazardous wastes or materials on or within the Propexty. Such toxic or hazardous wastes or materials incb~de, but are not limited to hazardous material.~ or wastes as they are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), CLOSING The closing shall be held at the office of First American Title Insurance Company, 1100 Dallas Drive, Suite #112, Denton, Texas 76205 on or before July 31, 2004, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). CLOSING REQUIREMENTS 1. Sellers Requirements. At the closing Seller shall: A. Deliver to the City of Denton a duly executed and acknowledged Special Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, leases, encumbrances, conditions, assessments, and restrictions, except for the following: 1. Genexal real estate taxes for the year of closing and subsequent years not yet due and payable; 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations hereot~ and 3. Any exceptions approved by Purchaser in writing. B. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by First American Title Insurance Company, Denton, Texas, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the purchase price, insuring fee simple title for the City of Denton to the Property subject only to those title exceptions listed in Closing Requirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however: 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with it shall be borne by Purchaser; 2. The exception as to restrictive covenants shall be endorsed '2qone of Record"; 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; and 4. The exception as to liens encumbering the Property shall be endorsed '2qone of Record". C. Deliver to Purchaser possession of the Property on the day of closing. D. Seller shall not be responsible for any applicable rollback taxes. 2. Purchaser's Requirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. 3. Closing Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other customary and standard costs and expenses of closing in. comummating the sale and purchase of the Property not specifically allocated herein shall be paid by the Purchaser, except each party will be responsible for its own attorney fees. 4 VIIi REAL ESTATE COMMISSION Seller and Purchaser represent and ~t to each other that neither has retained a broker for this transaction and that there are no broker or real estate f~es due as a result of the eonmunmation of this contracL BREACH BY SELLER If Seller fails to fully and timely perform any of its obligations under this Contract or fail~ to consmmuate the sale of the Property for any reason, except Buyer's default, Buyer may enforce specific performance of this Contract. BREACH BY PURCHASER In the event Buyer fails to consummate the purchase of the Property, if Seller is not in default under this Contract, SeBer will have the fight to enforce specific performance of thi~ Contract. MISCELLANEOUS 1. Assi_mament of _Agreement. Purchaser may assign this Agreement without the express written consent of Seller. 2. Survival of Covenants. Any of the representations, warranties, covenants, and agreements of the parties, as well as any fights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail~ postage prepaid, certified mail, remm receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. a. Seller's agent for purposes of notice shall be: Deborah J. Wrenn, 1108 E. Sycamore Street, Denton, TX 76205-6276. b. Purchaser's agent for the purposes of notice shall be: Edwin Snyder, Deputy City Attorney, City of Denton, 215 East McKinney Street, Denton, Texas, 76201 4. Texas Law to Apply. This Agreement shall be construed under and in accordance with the hws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said invalidity, illegality, or unenforceability shall not affect any other provision hereof; and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the Parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 8. Time of Essence. Time is of the essence in this Agreement. 9. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. Compliance. In accordance with the requirements of the Texas Real Estate License Act, PUrchaser is hereby advised that it should be furnished with or obtains a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Effective Date. The term "Effective Date" means the latter of the dates on which this Contract is signed by either Seller or Purchaser, as indicated by their signature below. If the last party to execute this Contract fails to complete the date of execution below that party's signature, the date the Title Company acknowledges receipt of a copy of this fully executed contract is the Effective Date. 6 IN WITNESS WHEREOF, Seller and Purchaser have executed this contract as follows: SELLER: Deborah J. Wrenn Date: PURCHASER: Date: Michael A. Condutf City Manager 215 E. McKinney Demon, Texas 76201 APPROVED AS TO FORM: CITY ATTORNEY TITLE COMPANY ACCEPTANCE AND ACKNOWI~F. DGEMENT The Title Company acknowledges receipt of the fully executed Contract on ~ ,2004. day ofl TITLE COMPANY: Name: Address: By: Printed Name: Title: First American Title Insurance Company 1100 Dallas Drive, Suite # i 12 Denton, Texas 76201 Telephone: 940-383-2357 7 TO ALL PARTIES DIRECTLY INTERESTED IN THE PREMISES SURVEYED I have this date directed a careful and accurate survey made on the (jround of the property located at 1110 SYCAMORE STREET in the City of Denton, Denton County, Texas and being Lot 11, in Block 4, of SOLOMON HILL ADDITION NO, THREE, an addition to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Volume 183, Page 84, of the Plat Records of Denton County, Texas. LOT 12 0 i 1/2" SQ TUBE BLOCK LOT 10 LOT $ .................. ~>~/2~" !RF so' 40' EAST 50.00' LOT I 1 BROCK 4 iRS/CAP 6 .... o WE____S_T 50._Op'~o_ 107~_ lq' !I/2"IRF_ LOT 12 t. OT 6 I/2" IRF~[ 50' 1/2" IRF~ ..... 34.6' ASPHALT 5YfAMORE 5TREEF (,~o' n.o.w.) IRS/CAP ~ lOT 9 RS/CAP lOT 10 NOTE: ONLY TIlE FOLLOWING EASEMENT SUPPLIED TO ME ttAS BEE~ REVIEWED AND DOES NOT AFFECT TttlS LOT: VOLUME 3D4, PAGE 4E. FLOOD STATEMENT I have e×amined the FE MA FIoed Insurance Ra~e Map for the City of De~tcn Denton County, Texas. Community No ~31~ eflective date ~2-g7 and that map indicates that this prope~ ~s within an ident~hed fl~ zone zs shown on Panel ~9 E of said map ZONE AE This Plat c~eclly repr~ents the msuls of an on-the~reund su~ey made under my dir~t~on and su~idon on ~18-97 There are no visib!e or ~pparent intrusion, protrusions or easements except as shown her~n IRF = iron Rod Found F C P ~ Fence Corner Pest --I/1-- W~d Pence -~--- Chain~nk Fence UE, = Utll~y Esmt ( ) = Plat or Deed Calls IRS/CAP = Iron Rod Set vmth Cap B.L. ' Building Ltne L.E ~ t.andscape Esmt D E = Drainage Esmt DATE d E ~OMPSON RPL ~. 4857 JOB # 97368 AGENDA INFORMATION SHEET AGENDA DATE: July 20, 2004 DEPARTMENT: CM/DCM/ACM: Engineering Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Wireline Crossing Agreement with Union Pacific Railroad Company for an aerial wireline crossing located at Mile Post 718.38, Choctaw Subdivision, City of Denton, Denton County, Texas; Authorizing the expenditure of funds, therefore; and providing an effective date. BACKGROUND A wireline crossing agreement was entered into with the Union Pacific Railroad Company in the 1980's for a wireline crossing near Mingo Road and Schmitz Ave. The agreement was never executed by the City of Denton. The Electric Department needs to replace the existing line and a license agreement is necessary for the encroachment with the railroad. OPTIONS 1. Approve the Ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff endorses the approval of the draft ordinance. ESTIMATED PROJECT SCHEDULE Summer 2004 PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION The cost to the City is a $2,000.°° one-time license fee ATTACHMENTS Location Map Ordinance License Agreement Exhibits Respectfully submitted: Charles Fiedler, Director Engineering Department Prepared by: Doreen E. Blackstone Real Estate & Capital Support Division :r~ PERTAIN ' GOOA\N~TD % X% . ROBtNWOOD TI~GG~qll ' CRESTWOOD~ NORTHWOOD ~ CnERRYWgOD ~ - " B: FRAMF~ ~i~TfVd ~'87~73AOd t- N VINE OP~LAND - - Nt O'd(tOOA~ HDiTV ?INER- ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A W/RELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY FOR AN AERIAL WIRELINE CROSSING LOCATED AT MILE POST 718.38, CHOCTAW SUBDIVISION, CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute a wireline crossing agreement with Union Pacific Railroad Company for an aerial electric wireline at milepost 718.38, Choctaw Subdivision, City of Denton, Denton County, Texas, which is attached hereto and incorporated by reference herein (the "Agreement"). SECTION 2. The expenditure of funds as provided in the Agreement is hereby authorized. 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. PROUTY, CITY ATTORNEY PL X 940206 Form Approved, AVP-Law WIRELINECROSSING AGREEMENT Folder No: 2256-33 Mile Post: 718.38, Choctaw Subdivision Location: Denton, D~ton County, Texas THIS AGREEMENT is made and entered into as of February 7, 2000, by- and between UNION ~'..~-,'. P~C~ ~ROAD COMPA1Nnff, a Delaware, c0rp0rati0n..(here~'..ithe "Lic, e~mor"), and - DENTON,~CITY OF, a Texas municipal corporation, wh0s~ ad~s is 60'l'~.T:. HICKORY ST., OB, Denton, T~as-76201 (here/nailer tho '~Licensee"). IT IS MUTUALLY AGI~ED BY AND BETWEEN ~ PARTIES H~'RETO AS ArtiCle I. LICENSE FEE Upon eXecution ofth/s Agreement, the Licensee S]mll pay to the:L/censor a.one-time lice~, se fee of TWO THOUSAND DOLLARS ($2,000.00). : ArtiCle II. LICENSOR GRANTS RIGHT. In cons/derat/on of the License Fee to be paid by the Licensee and/n further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereaf~r, during thc. term hereof, to maintain and operate only a Wireline crossing (hereinafter the "Pipeline") in the location shown and in conformity with the dimensions and specificat/ons ind/cated on the attached print dated February 4, 2000, marked Exhibit A. Under no c/renms~nces shall Licensee modify the use of the Wirelinefor a purpose other than the above-mentioned, and sa/d W/relineshall not be used for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article III. CONSTRUCTION, MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached. Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR. If a contractor is to do any of the work performed on the Wireline(ineluding initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its contractor to execute the Raikoad's form Contractor's Right of Entry Agreement. Licensee acknowledges receipt ora copy of the Contractor's Right of Entry Agreement and understanding of its tea'ms, provisions, and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will Licensee's contractor be allowed onto Licensor's premises without first cxecuting the Contr~tor's Right of Entry Agreement. Article V. TERM. This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until ternfinated as hereiii provided. ..... . - . Article VI. SPECIAL PROVISIONS - NONE Article VII. AblENDIV/ENT OF E~IT B : .' ' SeCtions 7 (b) and i0 of Exhibit B, hereto attached are he.by amended ~o read aa follows: ' S~ction 7(b) in addition to Other indemnity provisions in thisagreement, the Lioensee shall-, indemnify and hold harmless.the Licensor from and against all costs, l~abitity andexpensewhatsoever (mctnding, without limitation, attorney's fees, court costs and expenses) arising-out of any act or omission of the Licensee, agents and/or employees, that causes or contributes to (1.) any damage to or destruction of any telecommunications system on Licensor's property, and (2) any injury to or death of any person eniployed by or on behalf of any telecommunications company and/or its contractor, agents and/or employees, on Licensor's property. Licensee shall not have or seek recourse a~i_n_st Licensor for any claim or came of action by alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Licensor's property or a customer or user of services of thefiber optic cable on Lioensor's property. Section 10 INDENINITY As used in this Section, "Licensor" includes other railroad companies using the Licensor's property at or near the location of the Licensee's installation and their officers, agent and employees, "Loss" includes loss, damage, claims, demands, actiom, causes of action, penalties, costs and expenses of whatsoever nature, including court costs and attorney's fees which may result from; (a) injury to or deathofpersons whomsoever (including the Licensor's officers, agents and employees, the Licensee's officers, agents and employees, as well as any other person); and (b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody). As a major inducement and in consideration of the license and permission herein granted, ~c Licensee agrees, to the extent permitted by law, to indemnify and hold hannlass the Licensor from any Loss which is due to or arises from: 1. The prosecution of any work contemplated by this AIFeement including the installation, construction, maintenance, repair, renewal, modification, reconstruction, relocation, or removal of thc Wirelineor any part thereof, or 2. The presence, operation or use of the Wirelineor contents escaping therefrom, except to thc cxtent that thc Loss is caused by the sole and direct negligence of the Licensor. IN W1TNBSS ~OF, the parties hereto have caused this Agreement to be executed as of the date first herein written:'. uNION PACIFIC 1L~II,ROAD COMPANY By: - Manager Conlracts - Real.F..state DENTON, CITY':OI~., X By Title APPROVED AS TO FORM: CITY ATTORNEY BY: - EXHIBIT "A" FO~M OF~ 0404-H PL.~CE ARROW INDICATING ~RTH / ~ REV. OIRECT~ON RELAT~ TO CR~S]NO / ' '~ .~,~ OVERHEAD WI, RELINE CROSSING (4~ /J OVER 7~0 VOLTS ~*S~1 ~ ........ ~' ............... ................ ~ ~ : ~ ~. ,.~ ~ i I) KLIS ( IK~IK STJK *CS) Jt I[ L~TgO A M[N[~ DESTANE ~ O~ SI~L ~ ~.~)Vl~Tl~ LIKS ~L ~ TK 9) ~ABL[ FIXED ~d~ l~U ~CK~LS OF MIO~ · OF ~ ~SS]~S I ~[~ VI~K~ tOt~ "~O M), M~ OF ~VERr~ .Or IS T~ ~ S!~ OR ~lc&T[~ ~INE N~ THE T~ '~ mXl~ G~ ~ *t r[[~ ~ *T ~~ UNION PACIFIC RAILROAD CO, CIR~UI~ ~ ~E ~ WIRES ~OJ ~TERJAL st~ OVERHEAD WIRELZNE CROSSING WL×.EXB 9801 Form Approved, AVP-Law EXHIBIT B Section I. LIMITATION AND_. SUBORDINATION OF RIGHTS Gi:LANTE. D. (a) The foregoing grant of right is subject and subordinate to the prior crud continuing right and obligation of the Licensor to use and maintain its entire property including the right end power of the Licensor to construct, maintain, repair, renew, use, operate, cheng-e, modify or reloccde rc~lroad I~acks, signal, communication, fiber optics, or other wirelines, pipelines end other facilities upon, along or across en¥ or all pc~ts of its property, all or cmy of which m~y be freely done at any time or times b~ the Licensor withou[ liability to the Licensee or to any other party for compensation or damages. (b) The for.egoing grant is also subject to all outstanding superior rights (/ncluding those in favor of licensees crud lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the :same, end is made without covencmt o[ title or for quiet enjoyment. Sect/on 2. CONSTRUCTION. MAINTENANCE. AND OPERA..TION.., (a) If the Wirehne or any part thereof is to be locked above the top of the rails of any track or communication end signal lines, including static w/res, overhead clearance provided by the Wireline shall be no less than that shown on Exhibit A The Wireline shall be constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity.with-the Specifications p[e. scn'bed in the current issue of:the National EleC~ca/.Safety, Code. of the :American National Standards Institute.. In the event such Specifications conflict in cml/'respect with the i-equirements, of cmy 'federal, state or municipal law :or regUlation, such requirements shall govern on al~ points of conflict, ,'but..in..ail other respects the Specifications shall c~pply~ ' ' . . - .. (b) All w~rk performed on property of the Licensbr in connection with the construction, maintenc~nce, repcdr, renewui, modification or reconstruction of {he Wire~Jne shall be done to {~he satisfaction of the LicenSor. ' . . (c) ff the W/reline is an exist/rig one' not conforming in its 'construction tO': th® above provisions of' this Section 2, the Licensee shall, within ninety (90) days after the date hereof, reconstruct it so as to conform therewith. (d) The Wireline shall be constructed, maintained and operated by the L/censee in such mcmner as not to be or constitute a hazard to aviation. With respect to the W/reline the Licensee, without expense to the Licensor, will comply with all requirements of taw end of public cmtk/ority, whether federal, state or local, including but not limited to aviation authorities. (e) In the operation of the Wireline, the Licensee shall not transmit electric current at a difference of potential in excess of the voltage indicated on Exhibit A. If the voltage indicated is in excess of seven hundred fifty (750) volts, and the Wireline is, or is to be, buried at cu~ location on the property of the Licensor outside track ballast sections or roadbed, the Licensee shall install metallic conduit, or non-metallic conduit encased in a minimum of three (3) inches of concrete with a minimum of four (4) feet of ground cover the entire length of the Wireline on the property of the Licensor. A Wireline buried by removal of the soil shall have, at c~ depth of one (1) foot beneath the surface of the ground directly above the W/reline, a six (6) inch wide warning tape bearing the warning, "Danger-High Voltage," or equivalent wording. A Wireline encased in conduit, jacked or bored under the property of the Licensor, must be identified by placing warning signs, to be installed end properly ma/ntained at the expense of the Licensee, at each edge of the Licensor's property. The Licensee shall not ut~l~-e the signs in lieu of the warning tape where portions oi the casing are instalfed by direct burial. Section 3. NOTICE OF COMlvlENC~ OF WORK If on emergency should arise requiring immediate attention, the LicenSee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least-ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of' the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removu[ of the W/reline. All such work shall be prosecuted diligently to completion. wlx,¢xb Page ! of 4 Exhibit B WLXEXB 980~ 12 Form Approved. AVP-Law Section 4. LICENSEE TO BEAR ENTIRE EXt~.EN$ .F.... The Licensee shat[ bec= the entire cost (md expense incurred in connection with the construction, matntencmce, repcdr aTtd renew~ and (my and ali modification, revfsion, relocation, removal or reconstruction of the WireJfne, including any and expense which may be incurred by the Licensor tn connection therewith ~or supervision or inspection, or other~se. Section 5. REINFORQ-q~MENT, RELOCATION OR REMOVAL OF WIRE[JNE (a) The license herein granted is subject to the needs and requirements of the Licensor in the operation of its railroad and in the improvement and use of its property, and the Licensee shall, at the sole expense of the Licensee, reinforce or encase the Wireline (if it is an underground facility) to the satisfaction of the Licensor, or move all or any portion of the W/reline to such new location, as the Licensor may designate, whenever in the furtherance of its needs and requirements, the Licensor shall find such action necessccy or desirable. (b) All the terms, cond/tions and st/pulations herein expressed with reference to the Wirel/ne on property of the Licensor in the location hereinbefore described shall, so far as the W/rehne remains on the property, apply to the Wiretine as modified, changed or relocated within the contemplation Of this section.'.. Section 6. INTERFERENCE. In Ihe opercdion and mcdntenance of the Wir. eline the Licensee shall take all suitable .precantion to .prevent. any. . interference (by induction, leakagoof electricity,, or oth~,rwfse) with the operation of the signal, .communication lines or.other installations or facilities of the Licensor.or of its tenants; and if, at any time, the. operation or matntencmce of ihe Wireline results in any electrostatic effects which the Licensor deems 'undesirable or harmful,.'or causes interferenc~ with the operation. of the signal, communication lines or other installations or facilities, as now existing or which may hereafter be prov/ded by the Licensor and/or its tenants,., the' Licensee shall, . at 'the s01e expense of the Licensee,. immediately take such-action as may be ' necessary to eliminate such interference. ' Sec~ion 7. PROTECTION OF FIBER OPTIC CABLE SYS~TEMS. · · . ' " -(a) FLber optic cable systems m~r be buried on the hcensor's property. Pr6teclion of the fiber optic cable systems is of extreme importance since an), break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor at 1-800-336-9193 (a 24-hour number) to determ/ne if fiber opec cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecornrnunic~tions company(les) involved, arrange for a cable locator, make arrangements for relocation or ether protection of the fiber optic cable, all at Licensee's expense, and will commence no work on the right of way unlil ail such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against ~ costs, liability and expense whatsoever (including, without limitation. ~torneys' fees, court costs and expenses) __o-r~,~inaxmt of or caused in any way by J-icensee's k~k~re to comply with the prerv'isions of this paragrcrph. S~ ~I~-~1~ ~ ~ t .-. -- arvn, less from, and ag..c~ns! all costs, habihty and expense whatsoever (including, without llmitation, ~lto~ ana expenses, causecl by the negligence of the L/censee, its contractor, agents an~) ~r~y- ~; to or destruction of any telecommunications system on Licensor's ~ to or d.ea~h of any pers;n employ, ed by or.o.,n be,half o! c~,.y,t .e,!.ecornmunications c~m~~p ~yees, on ~c;nsoFs ~ro.,peny, except, u p ores or re . oss o! s,ennce or o~er ,.c, onsec~.enhaI d~n. age ~o a telecornmun~]j~L/~mp~n¥ using L~censor's Section 8. CLAIMS AND LIEN~ FOR LABOR AND MATEPJAL, (a) The Licensee sh~l fully pay for al! materials joined or affixed to and labor performed upcC~property of the Licensor in connection wi[h the construction, m~ntenanoe, repair, renewal, modification or reconstruction of the Wireline, and sh~l not permit or suffer any mechanic's or materialman's lien of any kind or n~ure to be enforced agcfinst the property for cmy work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and wlx.cxb Page 2 of 4 Exhibit B WLX,~EXB 980I 12 Form Approved, AVP-Law hold harmless the Licensor against and from any and att liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. (b) The Licensee shall promptly pay or d/scharge alt taxes, charges and assessments levied upon, in respect to, or on account of the W~reline, to prevent the same from becoming a charge or l/en upon proper~ of the Licensor, and so that the taxes, chc~rges and assessments levied upon or in respect to such property shall not be increased because of the locatioru construction or mcr/ntenance of the Wiretine or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to [he Licensee but shall be included in the assessment of the property of the Licensor, ~hen the Licensee shall pay to the Licensor an equ/table proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared with [he entire value of such property. Section 9. RESTO~TION OF LICENSOR'S PROPERTY. In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or/n any manner move or 'disturb any of-the other properly Of the Licensor in-connect/on with 'the construction, maimtenance, repair, renewal, · modification, reconstruction, relocaiion or remand of the Wireline, then in ~hat event the Licensee shall, as soon as possibte and at Licensee's sole expense, restore such fence and other property to[he same condition as the some were in before such fence was tcrken down or such other property was moved or disturbed, and the Licensee shall indemnify and.hold harmless the Licensor, its officers, agents and employees, against and from any .and all 1/ab/lity, loss, damages, penalties, claims, demands, costs and expenses of-WhatsoeVer nature, including court costs, and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to o~ loss or destruction of property whatsoever, when such .in~'y, death, damage, loss or destruction grows out' of ·or arises from the taking down of any fence or the-moving or cl/sturbonce of any other: property of the L/censor. · . ~Section 10. INDEMNITY. , ' sEEAmie r... -- o, tt~e ~censees ~.nst.al. latlon a~.a their officers, agents, and employees; :"Loss' includes loss, dama~T'~s, ,. as, .acutons, causes or ac[ion, penalties, costs, and expenses of whatsoever nature, including cour~ co.~t~ attorneys' iees, which may result from: (a) injury to or death of persons whomsoever (including [he Licenso icers a ents and employees, the Licensee's officers a ents ~es~rucuon o~ property wheresoever (including Licensee's property, domc~ge to the ~fl~d, tracks, equipment or other property of the Licensor, or property in its care or Custody). (b) As a ma~or inducement (nad in consider~ion of the tiC__ted, the Licensee agrees to indemnify and hold hormless the Licensor from any~~T to ~r a~jse~ f~om: ~ - 1. The prosecution O~altation, construction, .2.. , The presence, operation, or use of the Wfrehne or electric current conducted thereon or escaping Section 11. REMOVAL OF WII~...LINE UPON TERMINATION OF AGI~I:~iENT. ~ ,~ J Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Wfrel/ne from the property of the L/oensor and restore such property to as good a condition as it was in before the W/reline was originally constructecl, all to the satisfaction of the Licensor. [f the Licensee fail~ to do the foregoing, the Licensor may perform the work of removal and restoration at the expense of the Licensee. The Licensor shall not be liable to the Licensee for any damage susta/ned by the Licensee c~s a resul~ of the removal of the W'ireline by the Licensor as in this .section provided, nor shall such action prejudice or impair any righ~ of action for damages or otherwise that the Licensor may, at the t/me of · such removal, have against the Licensee. wlx.exb Page 3 of 4 Exhibit WLX. EXB 9801 t2 Form Approved, AVP-Law Section 12. WAIVE~. OF BBEACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. Section 13. TERMINATION. (a) If the Licensee does not use the right herein granted or the Wireline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice [rom the Licensor to the Licensee specifying such default, the Licensor may, at its opt/on, forthwith immediately terminate this Agreement by written notice. (b) In addition to the prov/sions of subparagraph (a) above, this Agreement may be terminated by written not/ce given by either party hereto to the other on any date/n such notice stated, not hess, however, than thirty (30) days subsequenl to the date upon which such not/ce shall be given. ' ' (c) Notice of default and notice o£ termination may be served personally t~pon the Licensee or by m~ling to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obhgations of the parties hereto which may have accrued, or.t/ability, accrued or otherwise, .which'may have arisen pr/or thereto. Section t4. AGREEMENT NOT TO BE ASSIGN'~q " · ' The-Licensee shall not assign this Agkeement; in whole or in part, or c~y rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or~attempted..trcrnsfe~ or assignment of this Agreement or .any of the r~ghts herein granted, whether voluntary, by operation of= law,. or otherwise, without such consent in writing, shall be c~bsoiutely void and, at the option ot the Licensor, shall terminate this Agreement. Section '15. SUCCESSORS AND ASSIGNS. - Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. wlx.exb Page 4 of 4 E. xhibi( B AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: July 20, 2004 Engineering Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance of the City of Demon, Texas, authorizing the Mayor to execute an Interlocal Cooperation Agreement between the City of Denton, Texas and the Denton Independent School District regarding the use of the Right of Way for DISD Fiber Optic System; and providing an effective date. BACKGROUND The Demon Independem School District (DISD) has requested access to City right-of-way for the installation of a fiber optic network that DISD plans to build. Currently DISD leases fiber from DME, but has recently determined that a separate independent network is more suitable for their purposes. DISD plans to construct a fiber optics system completely owned and maintained by DISD to interconnect all of DISD's schools, support and administrative facilities on a fiber optics system that will provide for integration of educational material and exchange of data. The new network will allow DISD to connect to their facilities currently outside the Denton city limits and DME service area. Other cities in the DFW metroplex have entered into similar agreements with school districts for the installation of a fiber optics network Staff is proposing that the City Council approve the attached interlocal agreement that provides for use of City ROW by DISD for five years in exchange for an annual paymem based on the chart below. The agreement is renewable for subsequent five-year periods for a total of twenty- five years, and the annual fee increases with each five-year period. Years 1-5 = $25,000 annually Years 6-10 = $27,500 annually Years 11-15 = $30,000 annually Years 16-20 = $32,500 annually Years 21-25 = $35,000 annually The agreement prohibits DISD from leasing their fiber network to another governmental agency without a separate agreement, and it prohibits DISD from offering access of the system to the public. The majority of the proposed fiber network will be construction underground. This will require a number of bore pits throughout the City, and DISD will be responsible for returning their construction sites back to pre-construction conditions. They will also be responsible for providing construction signage providing the name and phone number of a DISD official in charge of the fiber installation at each bore pit. OPTIONS A. The City Council can approve the interlocal agreement as attached. B. The City Council can deny approval of' the interlocal agreement as attached. This option will require DISD to consider other options to provide a fiber optic network to their facilities. C. The City Council can direct staff` to change the terms of` the interlocal agreement as proposed. RECOMMENDATION Staff recommends City Council approve the interlocal agreement as attached. PRIOR ACTION/REVIEW DISD has not yet approved this agreement. for approval. This item is being placed on their meeting schedule FINANANCIAL DISD will pay the city an annual payment based on the following chart for a total of $750,000 over the twenty-five year agreement. Years 1-5 = $25,000 annually Years 6-10 = $27,500 annually Years 11-15 = $30,000 annually Years 16-20 = $32,500 annually Years 21-25 = $35,000 annually The agreement also provides for a 1% development review and inspection fees to be paid to the city. ATTACHMENTS 1. Ordinance 2. Agreement Respectfully submitted: Jon Fortune Assistant City Manager S:\Our Documents\Ordina~ces\04\DISD Fiber Interlocal Cooperation A[Teement. doc ORDINANCE NO. 2004- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON INDEPENDENT SCHOOL DISTRICT REGARDING THE USE OF THE RIGHT OF WAY FOR DISD FIBER OPTIC SYSTEM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton Independent School District, ("DISD"), desires to construct a fiber optics system operated by DISD in order to interconnect all of DISD's facilities for use in its computer network, for the purpose of interconnecting all of DISD's schools, support and administrative facilities on a fiber optics system which DISD believes will provide for a vast integration of educational materials and exchange of data; and WHEREAS, there is a valid governmental purpose served by DISD to use City Right of Way to provide high technology communications capability and connectivity for the DISD in order that DISD may interconnect its facilities to provide enhanced services to the students of DISD, as well as to DISD's support and administrative functions; and WHEREAS, the Interlocal Cooperation Act, now contained in Chapter 791 of the Texas Government Code (Vernon 1994), authorizes the CITY and DISD to enter into an Interlocal Agreement for the purpose of achieving the governmental functions and providing the services represented by DISD use of City Right of way, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Mayor, or in her absence, the Mayor Pro-Tem, is hereby authorized to execute, on behalf of the City Council of the City of Denton, Texas, an Interlocal Cooperation Agreement between the City of Denton, Texas and the Denton Independent School District, ("DISD") for the use of the right of way for DISD fiber optic system, which Interlocal Cooperation Agreement is attached hereto and incorporated by reference herein. SECTION 2. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of .,2004. EULINE BROCK, MAYOR S:\Our Documents\Ordinmaces\04\DISD Fiber Interlocal Cooperation A~eement. doc ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 of 2 S:\Our Documents\Contracts~04kDISD Fiber Agreement 04 .DOC THE STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT USE OF STREET RIGHT-OF-WAY FOR DISD FIBER OPTIC SYSTEM THIS AGREEMENT is made and entered into by and between the CITY OF DENTON, TEXAS, a Texas Municipal Corporation (hereinafter "CITY") and the DENTON INDEPENDENT SCHOOL DISTRICT (hereinafter "DISD"), organized and existing under the laws of the State of Texas, acting by and through, and under the authority of their respective governing bodies; and WHEREAS, the CITY and DISD are local governmental entities, both of whom have the authority to perform the services set forth in this Agreement individually and who mutually desire to enter into an interlocal cooperation agreement, as provided for in Chapter 791 of the Texas Government Code (Vemon 2004) in order to maximize the benefits to the citizens of Denton, Texas derived fi:om public funds; and WHEREAS, DISD des/res to construct a fiber optics system operated by DISD in order to interconnect all of DISD's facilities for use in its computer network, for the purpose of interconnecting all of DISD's schools, support and administrative facilities on a fiber optics system which DISD believes will provide for a vast integration of educational materials and exchange of data; and WHEREAS, there is a valid governmental purpose served by this Agreement by DISD to use City right-of-way to provide high technology communications capability and connectivity for the DISD in order that DISD may interconnect its facilities to provide enhanced services to the students of DISD, as well as to DISD's support and administrative functions; and WHEREAS, the CiTY and DISD agree that all payments made in connection with the governmental functions provided for by this Agreement shaI1 be made from current revenues available to the paying party and that the payments received are adequate and fairly compensate the parties for the use of the street right-of-way; and WI-IEREAS, the Interlocal Cooperation Act, now contained in Chapter 791 of the Texas Government Code (Vernon 1994), authorizes the CITY and DISD to enter into this Agreement for the purpose of achieving the governmental functions and providing the services represented by this collective, cooperative undertaking; NOW THEREFORE, the CITY and DISD, for and in consideration of the street right-of- way and the mutual covenants set forth in this Interlocal Cooperation Agreement do hereby AGREE as follows: S:\Our Docurncnts\Contracts\04kDISD Fiber Agreement 04 .DOC ARTICLE I INCORPORATION OF PREAMBLES The preambles to this Agreement are incorporated into this Agreement and are found and determined to be true and correct. ARTICLE II SCOPE OF AGREEMENT Denton Independent School District ("DISD") intends to implement its Fiber Optic System utilizing City of Denton ("CITY") street right-of-way. DISD will own and provide all of the electronics equipment needed to implement its Fiber Optic System at its sole cost and expense. DISD shall furnish, at DISD's own cost and expense, unless otherwise provided herein, all labor, services, and materials necessary for the installation and connection of DISD's fiber optic lines to each of the DISD sites. DISD shall be responsible for providing suitable conduit ingress from the street right-of- way to a point as provided for in the construction plans and specifications. DISD shall provide the construction plans and specifications to the City Engineer of the City of Denton. DISD shall promptly provide the CITY with any drawings or by other written document, as the CITY may require to proceed with the work as provided for in this Agreement. Ail such drawings and written documents shall be consistent with, and reasonably inferable from this Agreement. CITY and DISD agree that DISD's Fiber Optic System is limited to a point-to-point, unswitched, private service. CITY and DISD further agree that DISD's use of the right- of-way for its fiber optic system shall be hmited to DISD operations. Any use of the DISD Fiber Optic System by other governmental or educational users shall be by separate agreement and, that DISD will not offer access of the system to the public. This Agreement is subordinate to CITY's interests in the street right-of-way. CITY reserves the right to use the street right-of-way and the airspace above the street right-of- way for any public purpose allowed by law and to do and permit to be done, any work in connection therewith which may be deemed necessary or proper by the CITY, including but not limited to Denton Municipal Electric, on, across, along, under or over said street right-of-way; and whenever by reason of said work in connection with said other purposes it shall be necessary by the CITY to alter, change, adapt, conform or relocate DISD's lines or other property in any part of the street right-of-way occupied by DISD, such alterations or changes or relocations shall be made by DISD when ordered in writing by the CITY pursuant to directions from the City Manager without any claim for reimbursement for the costs of the relocation or for damages against the CITY; provided, that DISD shall at all times be entitled to receive fi:om the appropriate governmental bodies, excluding the CITY, payment for alteration or relocation of its Page 2 of 10 S:\Our Documents\Contmcts\04lDISD Fiber Agreement 04 .DOC lines or facilities to which DISD may be lawfully entitled under applicable federal, state or local laws with respect to relocation payments. Go The Agreement is subject to the additional conditions contained in Exhibit "A" attached hereto and made a part hereof by reference. DISD. shall comply with the additional conditions contained in Exhibit A. ARTICLE lII TERM OF AGREEMENT The CITY and DISD agree that the term of this Agreement shall be five years from the effective date of this Agreement and DISD shall have the right to renew this agreement for subsequent five year periods up to a total of 25 years. In the event that §791.001(f), or any other provision of Chapter 791 of the Texas Government Code requires an annual or other period of renewal of this Agreement, then the parties shall be deemed to have elected to renew this Agreement annually on the anrfiversary of the effective date of this Agreement unless the parties each elect to terminate this Agreement. ARTICLE IV CONSIDERATION TO BE PAID BY DISD TO THE CITY DISD shall pay to the CITY an annum payment, beginning on the effective date of this Agreement according to the payment schedule and continuing on each anniversary, set forth below, so long as this Agreement is in force and effect. Years 1-5 = $25,000 Years 6-10 = $27,500 Years 11-15 = $30,000 Years 16-20 = $32,500 Years 21-25 = $35,000 Charges for any new DISD facilities to be located on CITY property but outside City street right-of-way shall be negotiated on a case-by-case basis and shall be in a separate agreement. Any connection to DM_E poles shall be governed by the attached Pole Attachment Agreement, Exhibit B, attached hereto and made a part hereof by reference. This Interlocal Cooperation Agreement is based on the cable routes indicated on the map in Exhibit C, attached hereto and made a part hereof by reference. Cable routes indicated on Exhibit C shall not be approved unless a permit for installation is obtained from the City Engineer pursuant to Article VI of this agreement. Any consideration for expansion of these cable routes shall be negotiated on a case-by-case basis and shall be in a separate agreement. Page 3 of 10 SSOur Documents\Contracts\04lDISD Fil~er Agreement 04 .DOC ARTICLE V TERMINATION OF AGREEMENT Either party may voluntarily terminate this Agreement at any time upon giving to the other party one hundred eighty (180) days written notice of such intention to terminate; Provided, however, that CITY and DISD agree that if DISD terminates this Agreement prior to the five (5) year extended term set forth in ARTICLE III, above, DISD will pay CITY a termination fee as specifically set forth below: Termination Fee will be 25% of the then in effect annual payment Either party may terminate this Agreement for cause by reason of the other party's material breach or default in the performance of this Agreement. The party seeking to terminate this Agreement under this provision shall provide the defaulting party written notice, specifically identifying the breach or default complained of, which notice shall provide the defaulting party a period of not less than thirty (30) days in which to cure such breach or default. In the event such breach or default is not fully cured within the time period specified, then the party seeking to terminate this Agreement shall provide the defaulting party with further written notice expressly specifying that this Agreement will be terminated if the breach or default is not wholly cured within ten (I0) days after the receipt of the written notice by the alleged defaulting party. In the event that the defaulting party fails to cure the breach or default complained of, within the time specified, then this Agreement shall be terminated, and the party terminating this Agreement may seek appropriate legal relief. At the time of expiration or term/nation of this Agreement, DISD shall remove ali fiber optics connections at the CITY right-of-way sites in a careful, prudent manner, unless otherwise mutually agreed. If the CITY removes DISD fiber optic connections, DISD shall pay the CITY its charge for removal. ARTICLE VI PERMITTiNG AND INSPECTIION OF THE FIBER OPTIC NETWORK Prior to performing any work within street right-of-way DISD or it's designated representative shall obtain a permit from the CITY to provide such work. The application for the permit shall contain plans and specifications for such work. The CITY may utilize such persons as may be necessary to act as inspectors or agents for the purpose of supervising, in the interests of the CITY, the materials furnished and the work done by DISD as construction of a project proceeds. DISD or it's designated representative shall pay the City's permitting and inspection fees. DISD shall pay the City a one percent (1%) development review fee, which is based on total construction costs. DISD shall pay the City an inspection fee of $50.00 per hour based on the actual time required to inspect the work performed by the contractor. DISD shall submit "as built" drawings upon completion of the work. Page 4 of 10 S:~Our Documents\Contraets\04~)ISD Fiber Agreement 04 .DOC ARTICLE VII USE OF PROPRIETARY INFORMATION All data exchanged between CITY and DISD in connection with this Agreement or in utilization of the Fiber Optic Network, which is identified as proprietary information, shall be safeguarded by CITY and DISD to the same extent as CITY or DISD safeguards like information relating to CITY's or DISD's own business. If, however, such data is pubhcly available under the Public Information Act (Chapter 552 of the Texas Government Code) or other applicable laws, is already in either party's possession or known to either party, or was rightfully obtained by either party from third parties, neither CITY nor DISD shall bear any responsibility for its disclosure, inadvertent or otherwise. CITY acknowledges that certain data peculiar to DISD contains personally identifiable information, as that term is defined by the Family Educational Rights and Privacy Act, concerning students. CITY agrees that in the event that such data comes into the CITY's possession that the CITY will not disclose to any individual or entity any personally identifiable information concerning students of DISD, unless the CITY is required to disclose this information as a result of an Order issued by a Court of competent jurisdiction. ARTICLE VIII OWNERSHIP AND CONTROL OF PROPERTY DISD shall own and maintain the fiber optic system that DISD installs in the City street fight-of-way. Signage is required at bore pits during construction indicating the project as a DISD project with a contact number for a DISD official in charge of the installation of the fiber optic system. DISD shall own and maintain all electronic equipment located at each DISD site within the street right-of-way. ARTICLE IX RESPONSIBILITY FOR MA/NTEN~CE DISD shall be solely responsible to determine the location of wy problem within the DiSD electronics network and to remedy such problem at DISD's sole cost and expense. ARTICLE X HOLD HARMLESS To the extent allowed by the Constitution and statutes of the State of Texas, and without waiving any immunity or limitation to liability, DISD agrees to and shall indemnify and hold harmless CITY, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and 1/ability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury or death of any person, or for damages to any property; real, personal, or intellectual, arising out of or in connection with the use, but not the installation or maintenance, of the fiber optic network the subject of this Agreement, where the injury or death or damage is caused by the negligence of DISD, its officers, agents, or employees, except Page 5 of 10 S:\Our Documents\Contracts\04~DISD Fiber Agreement 04 .DOC that DISD assumes no liability for the sole negligent acts of CITY, its officers, agents, or employees. ARTICLE XI CONTRACTOR INSURANCE INSURANCE AND INDEMNITY, DISD shall provide or cause it's contract to provide the insurance described below upon execution of this agreement. Ae Commercial General Liability Insurance. This coverage should be a minimum Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and Property Damage. The insurance shall also include coverage for environment impairment. B. Automobile Liability Insurance. (1) Minimum Combined Single Limit of $500,000 per occurrence for Bodily Injury and Property Damage; and (2) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page which includes coverage for hired, leased and non-owned vehicles. Worker's Compensation Insurance. In addition to the minimum statutory requirements: (1) Employer's Liability limits of at least $100,000 for each accident, $I00,000 for each employee, and a $500,000 policy limit for occupational disease; and (2) The insurer agrees to waive rights of subrogation against the city, its officials, agents, employees, and volunteers for any work performed for the city by the Licensee. (3) The Licensee shall comply with the provisions of with Section 406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission. General provisions (t) All policies shall be endorsed to read "THIS POLICY WILL NOT BE CANCELLED OR NON-RENEWED WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE TO THE OWNER AND THE CITY EXCEPT WHEN THIS POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM, IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQU]I~D". (2) Commercial General Liability and Automobile Liability insurance shall be written by companies with A: VIII or better rating in accordance with the current Best Key Rating Guide Page 6 of 10 : . S:\Our Documents\Contracts\04'~DISD Fiber Agreement 04 .DOC (3) (4) Commercial General Liability, Automobile Liability, and Excess Liability insurance policies shall name as "Additional Insured" the Licensor and its officials, agents, employees, and volunteers. Certificates of insurance must reflect all coverages and endorsements required by this section. (5) (6) Coverage shall be placed with insurance carriers licensed to do business in the State of Texas or with non-admitted carriers that have a financial rating comparable to carders licensed to do business in Texas approved by the City. The City and DISD shall be named as additional insureds under the insurance. ARTICLE XJI PERFORMANCE BOND DISD, as required by Texas Government Code, Section 2253.021, shall require any contractor to execute to the DISD a performance bond in the amount of Fifty Thousand Dollars ($50,000.00) executed by a surety company author/zed to do business in the State of Texas in the amount of the contract. DISD shall file a copy of this bond with CITY. ARTICLE XIII ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting their dispute to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or other 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 X1-V ASSIGNABILITY DISD shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the CITY, which consent shall not be unreasonably be withheld. CITY 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 DISD, which consent shall not be unreasonably be withheld. ARTICLE XV NOTICE Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be by personal delivery, sent by registered mail or certified mail, return receipt requested, postage prepaid, or by facsimile transmission actually received, to: Page 7 of I 0 S:\Our Documents\Contracts\04kDISD Fiber Agreement 04 .DOC CITY: DISD: City Manager City of Denton 215 E. McKinney Denton, TX 76201 Fax: (940) 349-8596 Superintendent Denton Independent School District 1307 N. Locust Denton, Texas 76201 Fax: (940) 381-1093 Notices shall be deemed to have been received on the date of receipt as shown on the remm receipt or other written evidence of receipt. ARTICLE XVI. MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be vahd 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 ar/sing between the parties hereto out of or affecting this Agreement, or the fights 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 section will not be waived, unless as herein set forth. ARTICLE XVII. SAVINGS In the event that any one or more of the provisions hereof concerning the subject matter of this Agreement should be held by a court or administrative agency of competent jurisdiction to be illegal, invalid or unenforceable in any respect, the parties agree to make a good faith effort to renegotiate another agreed provision to fulfill the purpose and intent of the present Agreement. ARTICLE XVIII GOVERNING LAW AND VENUE This Agreement shall be construed under and governed by, and in accordance with the laws of the State of Texas, and all obligations of the parties hereto, created by this Agreement are performable in Denton County, Texas. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. ARTICLE XIX ENTIRE AGREEMENT This Agreement and the exhibits attached thereto, constitutes the entire agreement among the parties hereto with respect to the subject matter hereof, and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter of this Agreement. No amendment, 'modification, cancellation or alteration of the terms of this Agreement shall be binding on any party hereto unless the same is in writing, dated subsequent to the date hereof, and is duly executed by the parties hereto. Page 8 of 10 · S:\0ur Documents\Contmcts\04kDISD Fiber Agreement 04 .DOC ARTICLE XX WAIVER OF TERMS AND CONDITIONS The failure of either party to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. ARTICLE XXI BINDING AUTHORITY This Agreement is entered into by the duly authorized officials of each respective governmental entity. ARTICLE XXII CAPTIONS The captions contained in this Agreemem are for informational purposes only and shali not in any way affect the substantive terms or conditions of this Agreement. /N WITNESS WHEREOF, the City of Denton, Texas has caused this InterlocaI Cooperation Agreement to be executed by its duly authorized Mayor on this the __ day of ,2004; and the Denton Independent School District has caused this Interlocal Cooperation Agreement to be executed by the President of its Board of Trustees on this the day of ~ 2004, but to be effective fi:om and as of the __ day of _, 2004. "CITY" CITY OF DENTON, TEXAS A Texas Municipal Corporation ATTEST: JENNIFER WALTERS, CITY SECRETARY By: EULINE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 9 of 10 S:\Our Dovuments\Contracts\04kDISD Fiber Agreement 04 .DOC "DISD" DENTON INDEPENDENT SCHOOL DISTRICT BY: DR. JEAN B. SCHAAKE, President Board of Trustees ATTEST: BY: Virginia Gailian, Secretary Denton Independent School District Board of Trustees APPROVED AS TO LEGAL FORM By: Page 10 of 10 S:\Our Documents\Contracts\04hADD1TIONAL LICENSE PROVISIONS.doc EXHIBIT A ADDITIONAL PROVISIONS This Agreement is granted subject to the following additional conditions, terms and reservations: At such time as this Agreement is terminated or canceled for any reason whatsoever, DISD, upon orders issued by the City acting through the CITY ENGINEER, or his designee, shall remove all installations, improvements and appurtenances owned by it situated in, under or attached to the street right-of-way, and shall restore the street right- of-way to its former condition in accordance with the requirements of the CITY ENGINEER at the sole cost of DISD. DISD may abandon the Fiber Optic System by separate agreement. In the event, upon termination of this Agreement, DISD shall fail to remove its installations, improvements and appurtenances and to restore the street right- of-way in compliance with orders issued by City, or such work is not done to the satisfaction of the CITY ENGINEER, then in any event the City shall have the right to do all work necessary to restore said street right-of-way to its former condition or cause such work to be done, and to assess the cost of all such work against DISD; in neither event shall the City of Denton be liable to DISD on account thereof. (2) DISD is prohibited from using the street right-of-way in any manner which violates Federal, State or local laws, regulations, rules and orders, regardless of when they become or became effective, including without limitation, those related to health, safety, noise, environmental protection, waste disposal and water and air quality, and shall provide satisfactory evidence of compliance upon the request of the City of Denton. Should any discharge, leakage, spillage, emission or pollution of any type occur upon or from the street right-of-way due to DISD's use and occupancy thereof, DISD, at its expense, shall be obligated to clean up the street right-of-way to the satisfaction of the City of Denton and any governmental body having jurisdiction thereover. The City of Denton may, at its option, clean the street right-of-way. If the City of Denton elects to do so, DISD shall promptly pay to the City of Denton the reasonable cost of such cleanup upon receipt of bills therefore. DISD agrees that the indemnity provisions contained in Article X shall be fully applicable to the requirements of this paragraph, in event of DISD's breach of this paragraph, or as a result of any such discharge, leakage, spillage, emission or pollution arising out of the DISD's use of the street right-of-way. (3) This Agreement is subject to all State laws, the provisions of the Charter of the City of Denton as it now exists, or may hereafter be adopted or amended, and the ordinances of the City of Denton now in effect or those which may hereafter be passed or adopted. The City of Denton shall have the right to increase or decrease the compensation to be charged for the use contemplated by this grant in accordance with the provisions of the Denton City Code as it now exists, or as may hereafter be adopted or amended. (4) The Governing Body of the City of Denton reserves the right, at any time without notice, to terminate and cancel this Agreement, by resolution, upon a finding by the Governing Body that this Agreement is inconsistent with the public use of the property or whenever the purpose or use of the Agreement is likely to become a nuisance and all rights granted S:\Our Documents\Contracts\04kADD1TIONAL LICENSE PROVISIONS.doc hereunder shall thereupon be considered fully terminated and canceled and the City of Denton shall not be held liable by reason thereof. The decision of the Governing Body of the City in this matter shall be final and binding upon all parties insofar as the City's determination as to whether the DISD's use of this Agreement constitutes a nuisance or is inconsistent with the public use of the property. This Agreement is subject to any existing communication facilities, including drainage, presently located within the street right-of-way, owned and/or operated by the City of Denton or any utility or communications company, public or private, and to any vested rights presently owned by an utility or communications company, public or private, for the use of the street right-of-way for facilities presently located within the boundaries of said street right-of-way. It is the intent of the foregoing that this permission herein is made expressly subject to the utilization of the street right-of-way for communication and utility purposes, both public and private, including drainage, over, under, through, across and along the street right-of-way. No buildings shall be constructed or placed upon, over or across the street right-of-way in such a manner as to interfere with the operation of any utilities and communication facilities. All and any communication company and utility, both public and private, shall have the right to remove and keep removed all or parts of any buildings which may in any way endanger or interfere with the construction, maintenance or efficiency of its respective systems within the street right-of-way. All communication companies and utilities, both public and private, shall have the full right to remove and keep removed all parts of any buildings, fences, trees, or other improvements or growths which in any way may endanger or interfere with the construction, maintenance and efficiency of its respective system and shall at all times have the full right of ingress and egress to or from and upon the street right-of-way for the purpose of constructing, relocating, inspecting, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone. (6) DISD shall not provide local exchange telephone services or other services directly regulated by the Texas Public Utility Commission ("PUC") without obtaining PUC approval to provide the service and obtaining all necessary authorizations from the City of Denton. (7). DISD shall not lease, sell, permit or otherwise authorize others, which do not have a City of Denton telecommunications or video franchise, license, or permit, to use any or all of its lines, facilities, conduit space or transmission capacity in any line, cable or facility placed on the street right-of-way without the prior, written consent of the City of Denton. (8). DISD shall use its installations and facilities solely for itself, unless and until the other user has received a franchise, license or permit from the City of Denton or until the City of Denton has given its written consent. (9). DISD shall not directly connect or permit others using its lines, facilities, conduit space or transmission capacity to directly connect to customers or offer retail services from all or any portion of its lines or facilities, unless required by law and only after notice to the City of Denton. Page 2 of 3 S:\Our Documents\Contracts\04kADD1TIONAL LICENSE PROVISIONS.doc (10). DISD shall not use its aerial/subsurface cable and/or fiber optic lines to provide cable services or other video services, as defined in Title 47, Chapter 5 of the United States Code, as amended (47 U.S.C.A., Section 521, et seq), or as recognized by the Federal Communications Commission ("FCC"). (11.) If DISD desires to provide any telecommunications, video or cable services not authorized by this Agreement, it agrees: (i) to pay a separate fee to the City of Denton for the provision of local exchange telephone services, other telephone services, a service directly regulated by the PUC, cable services, other defined video services, other video services recognized by the FCC, Personal Communication Service or like service, and where necessary; (ii) to obtain a separate franchise, license or permit from the City of Denton. (12.) Should DISD violate any of the terms of this Exhibit, then the rights of DISD under this Agreement shall automatically cease and terminate and the provisions of Article 5 of this Agreement shall control. Page 3 of 3 Exhibit B STATE OF TEXAS § COUNTY OF DENTON § POLE ATTACHMENT LICENSE AGREEMENT This Pole Attachment Licensing Agreement (the "Agreement") dated this day of _____, 2004 is made by and between DENTON MUNICIPAL ELECTRIC (hereinafter referred to as ""Utility"' 'or as "Licensor"), a municipally- owned electric utility of the State of Texas, and the DENTON INDEPENDENT SCHOOL DISTRICT (hereinai2er referred to as "Licensee"). Recitals Whereas, Licensee proposes to install and maintain Communications Facilities and associated communications equipment on Utility's Poles to provide Communications Services to the public; and Whereas, Utility is willing, when it may lawfully do so, to issue one or more Permits authorizing the placement or installation of Licensee's Attachments on Utility's Poles, provided that Utility may refuse, on a nondiscriminatory basis, to issue a Permit where there is insufficient Capacity or for reasons relating to safety, reliability, generally apphcabte engineering purposes and/or any other Applicable Standard; and Therefore, in consideration of the mutual covenants, terms and conditions and remunerations herein provided, and the rights and obhgations created hereunder, both parties hereto AGREE as follows: AGREEMENT Article 1--Definitions For the purposes of this Agreement, the following terms, phrases, words, and their derivations, shall have the meaning given herein, unless more specifically defined within a specific Article or Paragraph of this Agreement. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. Pole Attachment License Agreement 1 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 Affiliate: when used in relation to Licensee, means another entity that owns or controls, is owned or controlled by, or is under common ownership or control with Licensee. Applicable Standards: means all applicable engineering and safety standards governing the installation, maintenance and operation of facilities and the performance of all work in or around electric Utility Facilities and includes the most current versions of National Electric Safety Code ('~NESC"), the National Electrical Code ("NEC"), and the regulations of the Occupational Safety and Health Administration ("OSHA"), each of which is incorporated by reference in this Agreement, and/or other reasonable safety and engineering requirements of Utility or other federal, state or local authority with jurisdiction over Utility Facilities. Assigned Space: means space on Utility's Poles or within Utility's Conduit System that can be used, as defined by the Applicable Standards, for the attachment or placement of wires, cables and associated equipment for the provision of Communications Service or electric service. The neutral zone or safety space is not considered Assigned Space. Attachine Entity: means any public or private entity, other than Utility or Licensee, who, pursuant to a license agreement with Utility, places an Attachment on Utility's Pole or within Utility's Conduit System to provide Communications Service. Attachment{s): means any and all of Licensee's Communications Facilities that are placed directly on Utility's Poles or Overlashed onto an existing Attachment or that are placed within Utility's Conduit System, but does not include either a Riser or a service drop attached to a single Pole where Licensee has an existing Attachment on such Pole. Capaci~,: means the ability of a Pole or Conduit System segment to accommodate an additional Attachment based on Applicable Standards, including space and loading considerations. Climbing Space: means that portion of a Pole's surface and surrounding space that is flee from encumbrances to enable Utility employees and contractors to safely climb, access and work on Utility Facilities and equipment. Common Space: means space on Utility's Poles that is not used for the placement of wires or cables but which jointly benefits all users of the Poles by supporting 2 Pole Attachment License Agreement 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 the underlying structure and/or providing safety clearance between attaching entities and electric Utility Facilities. Communications Facilities: means wire or cable facilities including but not limited to fiber optic, copper and/or coaxial cables or wires utilized to provide Communications Service including any and all associated equipment. Unless otherwise specified by the parties, the term "Communications Facilities" does not includes wireless antennas, receivers or transceivers. Communications Service: means the transmission or receipt of voice, video, data, Intemet or other forms of digital or analog signals over Communications Facilities. Conduit System: means Utility's conduits, Innerduct, manholes, vaults, Risers, pull-boxes and trenches. Innerduct: means flexible conduit installed inside a larger rigid conduit for the placement of wire or cable. Licensee: means DENTON INDEPENDENT SCHOOL DISTRICT, its authorized successors and assignees. Make-Ready Work: means all work, as reasonably determined by Utility, required to accommodate Licensee's Communications Facilities and/or to comply with all Applicable Standards. Such work includes, but is not limited to, Pre-Construction Survey, rearrangement and/or transfer of Utility Facilities or existing Attachments, inspections, engineering work, permitting work, tree trimming (other than tree trimming performed for normal maintenance purposes), pole replacement and construction, or Conduit System cleating. Occupancy: means the use or specific reservation of Assigned Space for Attachments on the same Utility Pole or portion of Utility's Conduit System. Overlash: means to place an additional wire or cable Communications Facility onto an existing Attachment owned by Licensee. Pedestals/Vaults/Enclosures: means above- or below-ground housings that are used to enclose a cable/wire splice, power supplies, amplifiers, passive devices and/or provide a service connection point and that shall not be attached to Utility Poles (see Appendix D--Specifications). Pole A~tachraent License Agreemen! 3 1.18 1.19 1.20 1.21 1.22 1.23 1.24 Permit: means written or electronic authorization (see Appendix C) of Utility for Licensee to make or maintain Attachments to specific Utility Poles or spans of the Conduit System pursuant to the requirements of this Agreement. Pole: means a pole owned by Utility used for the distribution of electricity and/or Communications Service that is capable of supporting Attachments for Communications Facilities. Post-Construction Inspection: means the inspection required by Utility to determine and verify that the Attachments have been made in accordance with Applicable Standards and the Permit. Pre-Construction Survey: means all work or operations required by Applicable Standards and/or Utility to determine the potential Make-Ready Work necessary to accommodate Licensee's Communications Facilities on a Pole or within a span of the Conduit System. Such work includes, but is not limited to, field inspection and administrative processing. The Pre-Construction Survey shall be coordinated with Utility and include Licensee's professional engineer. Reserved Cal~acitv: means capacity or space on a Pole or within a portion of the Conduit System that Utility has identified and reserved for its own electric utility requirements, including the installation of communications circuits for operation of Utility's electric system, pursuant to a reasonable projected need or business plan. Riser: means metallic or plastic encasement materials placed vertically on the Pole to guide and protect communications wires and cables. UtiliW Facilities: means all personal property and real property owned or controlled by Utility, including Poles and Conduit System. Article 2 Scope of Agreement 2.1 Grant of License. Subject to the provisions of this Agreement, Utility hereby grants Licensee a revocable, nonexclusive license, authorizing Licensee to install and maintain Permitted Attachments to Utility's Poles and to install its Communications Facilities within Utility's Conduit System. 2.2 Parties Bound by Agreement. Licensee and Utility agree to be bound by all provisions of this Agreement. 4 Pole Attachment License Agreement 2.3 2.4 2.5 2.6 2.7 2.8 Permit Issuance Conditions. Utility will issue a Permit(s) to Licensee only when Utility determines, in its sole judgment, exercised reasonably, that (i) it has sufficient Capacity to accommodate the requested Attachment(s), (ii) Licensee meets all requirements set forth in this Agreement, and (iii) such Permit(s) comply with all Applicable Standards. Reserved Capaci .ty. Access to Assigned Space on Utility Poles will be made available to Licensee with the understanding that such access is to Utility's Reserved Capacity only. On giving Licensee at least thirty (30) calendar days prior notice, Utility may reclaim such Reserved Capacity anytime during the period following the installation of Licensee's Attachment in which this Agreement is effective if required for Utility's future electric service use, including the attachment of communications lines for internal Utility operational or governmental communications requirements. Utility shall give Licensee the option to remove its Attachment(s) from the affected Pole(s) or to pay for the cost of any Make-Ready Work needed to expand Capacity so that Licensee can maintain its Attachment on the affected Pole(s). The allocation of the cost of any such Make-Ready Work (including the transfer, rearrangement, or relocation of third-party Attachments) shall be determined in accordance with Article 9. No Interest in Prol~ertv. No use, however lengthy, of any Utility Facilities, and no payment of any fees or charges required under this Agreement, shall create or vest in Licensee any easement or other ownership or property right of any nature in any portion of such Facilities. Neither this Agreement, nor any Permit granted under this Agreement, shall constitute an assignment of any of Utility's rights to Utility Facilities. Notwithstanding anything in this Agreement to the contrary, Licensee shall, at all times, be and remain a licensee only. Licensee's Right to Attach. Nothing in this Agreement, other than a Permit issued pursuant to Article 6, shall be construed as granting Licensee any right to attach Licensee's Communications Facilities to any specific Pole or within any specific portion of the Conduit System. Utili .ty's Rights over Poles. The parties agree that this Agreement does not in any way limit Utility's right to locate, operate, maintain or remove its Poles or conduit System in the manner that will best enable it to fulfill its service requirements. Expansion of Capacity.. Utility will take reasonable steps to expand Pole/ Conduit System Capacity when necessary to accommodate Licensee's request for Attachment. Notwithstanding the foregoing sentence, nothing in this Agreement Pole Attachment License Agreement 5 2.9 2.10 2.11 shall be construed to require Utility to install, retain, extend or maintain any Pole or portion of the Conduit System for use when such Pole/Conduit System is not needed for Utility's service requirements. Other Agreements. Except as provided herein, nothing in this Agreement shall limit, restrict, or prohibit Utility from fulfilling any agreement or arrangement regarding Poles into which Utility has previously entered, or may enter in the future, with others not party to this Agreement. Permitted Uses. This Agreement is limited to the uses specifically stated in the recitals stated above and no other use shall be allowed without Utility's express written consent to such use. Nothing in this Agreement shall be construed to require Utility to allow Licensee to use Utility's Poles or Conduit System after the termination of this Agreement. Overlashing. The following provisions will apply to Overlashing: 2.11.1 A Permit shall be obtained for each Overlashing pursuant to Article 6. Absent such authorization, Overlashing constitutes an unauthorized Attachment and is subject to the Unauthorized Attachment fee specified in Appendix A, Item 3. 2.11.2 If Licensee demonstrates that the Overlashing of Licensee's Attachment(s) is required to accommodate Licensee's Communications Facilities, Utility shall not withhold Permits for such Overlashing if it can be done consistent with Paragraph 2.3. Overlashing performed pursuant to this Paragraph 2.11.2 shall not increase the Annual Attachment Fee paid by Licensee pursuant to Appendix A, Item 1. Licensee, however, shall be responsible for all Make-Ready Work and other charges associated with the Overlashing but shall not be required to pay a separate Annual Attachment Fee for such Overlashed Attachment. 2.11.3 If Overlashing is required to accommodate facilities of a third party, such third party must enter into a license agreement with Utility and obtain Permits and must pay a separate Attachment Fee (Appendix A, Item 1) as well as the costs of all necessary Make-Ready Work required to accommodate the Overlashing. No such Permits to third parties may be granted by Utility allowing Overlashing of Licensee's Communications Facilities unless Licensee has consented in writing to such Overlashing. Overlashing performed under this Paragraph 2.11.3 shall not increase 6 Pole Attachment License Agreement the fees and charges paid by Licensee pursuant to Appendix A, Item 1. Nothing in this Agreement shall prevent Licensee from seeking a contribution from an Overlashing third party to defray fees and charges paid by Licensee. 2.11.4 Make-Ready Work procedures set forth in Article 7 shall apply, as necessary, to all Overlashing. 2.12 Enclosures. Licensee shall not place Pedestals, Vaults and/or other Enclosures on or within four (4) feet of any Pole or other Utility Facilities without Utility's prior whtten permission. If permission is granted, all such installations shall be per the Specifications and Drawings in Appendix D of this Agreement and charges as provided in Appendix A. Such permission shall not be unreasonably withheld. Article 3--Fees and Charges 3.1 Payment of Fees and Charges. Licensee shall pay to Utility the fees and charges specified in Appendix A and shall comply with the terms and conditions specified herein. 3.2 Payment Period. Unless otherwise expressly provided, Licensee shall pay any invoice its receives from Utility pursuant to this Agreement within thirty (30) calendar days after Utility issues the invoice. 3.3 Billing of Attachment Fee. Utility shall invoice Licensee for the per-pole Attachment Fee annually. Utility will submit to Licensee an invoice for the annual rental period no later than June 30 of each year. The initial annual rental period shall commence upon the execution of this Agreement and conclude on June 30, 2004, with rental due and payable in arrears [calculated on a per diem basis] on July 15, 2004; and the next subsequent annual rental period shall commence on July 1, 2004 and conclude on June 30, 2005, with rental due and payable in arrears on July 15, 2005; and the annual rental period to continue on the 1st day of July, 2005 until June 30, 2006, with rental due and payable in arrears on July 15, 2006, and so on for subsequent one year terms, with rental due and payable as specified as provided herein, until such time as this Agreement is terminated. The invoice shall set forth the total number of Utility's Poles on which Licensee was issued and/or holds a Permit(s) for Attachments during such annual rental period, including any previously authorized and valid Permits. Pole Attachment License Agreement 7 3.4 3.5 3.6 3.7 3.8 3.9 Refunds. No fees and charges specified in Appendix A shall be refunded on account of any surrender of a Permit granted hereunder. Nor shall any refund be owed if a Pole or portion of Conduit System is abandoned by Utility. Late Chargg. If Utility does not receive payment for any fee or other amount owed within thLrty (30) calendar days after it becomes due, Licensee, upon receipt of fifteen (15) calendar days written notice, shall pay interest to Utility, at the rate of ten percent (10%) per annum, on the amount due. Payment for Work. Licensee will be responsible for payment to Utility for all work Utility or Utility's contractors perform pursuant to this Agreement to accommodate Licensee's Communications Facilities. Advance Paym...ent. At the discretion of Utility, Licensee may be required to pay in advance all reasonable costs, including but not limited to administrative, construction, inspections and Make-Ready Work expenses, in connection with the initial installation or rearrangement of Licensee's Communications Facilities pursuant to the procedures set forth in Articles 6 and 7 below. True Up. Wherever Utility, at its discretion, requires advance payment of estimated expenses prior to undertaking an activity on behalf of Licensee and the actual cost of activity exceeds the advance payment of estimated expenses, Licensee agrees to pay Utility for the difference in cost. To the extent that the actual cost of the activity is less than the estimated cost, Utility agrees to refund to Licensee the difference in cost. Determination of Charges. Wherever this Agreement requires Licensee to pay for work done or contracted by Utility, the charge for such work shall include all reasonable material, labor, engineering and administrative costs and applicable overhead costs. Utility shall bill its services based upon actual costs, and such costs will be determined in accordance with Utility's cost accounting systems used for recording capital and expense activities. All such invoices shall include an itemization of dates of work, location of work, labor costs per hour, persons employed and materials used and cost of materials. When calculating labor costs, it will be the greater of the loaded costs of municipal labor or that of the going current "Union scale." If Licensee was required to perform work and fails to perform such work necessitating its completion by Utility, Utility may either charge an additional ten percent (10%) to its costs or assess the penalty specified in Appendix A. 8 Pole Aftachment License Agreement 3.10 3.11 Work Performed by Utility. Wherever this Agreement requires Utility to perform any work, Licensee acknowledges and agrees that Utility, at its sole discretion, may utilize its employees or contractors, or any combination of the two to perform such work. Default for Nonpayment. Nonpayment of any amount due under this Agreement beyond sixty (60) days shall constitute a material default of this Agreement. Article 4~Specifications 4.1 Installation/Maintenance of Communications Facilities. When a Permit is issued pursuant to this Agreement, Licensee's Communications Facilities shall be installed and maintained in accordance with the requirements and specifications of Appendix D. All of Licensee's Communications Facilities must comply with all Applicable Standards. Licensee shall be responsible for the installation and maintenance of its Communications Facilities. Licensee shall, at its own expense, make and maintain its Attachments in safe condition and good repair, in accordance with all Applicable Standards. Notwithstanding anything in this Agreement to the contrary, Licensee is not required to update or upgrade its Attachments where not required to do so by either the NESC or the NEC. 4.2 Interference. Licensee shall not allow its Communications Facilities to impair the ability of Utility or any third party to use Utility's Poles or Conduit System, nor shall Licensee allow its Communications Facilities to interfere with the operation of any Utility Facilities. 4.3 Protective Equipment. Licensee, and its employees and contractors, shalI utilize and install adequate protective equipment to ensure the safety of people and facilities. Licensee shall at its own expense install protective devices designed to handle the voltage and current impressed on its Communications Facilities in the event of a contact with the supply conductor. Except as provided in Paragraph 16.1, Utility shall not be liable for any actual or consequential damages to Licensee's Communications Facilities or Licensee's customers' facilities. 4.4 Violation of Specifications. If Licensee's Communications Facilities, or any part thereof, are installed, used or maintained in violation of this Agreement, and Licensee has not corrected the violation(s) within thirty (30) calendar days fi.om receipt of written notice of the violation(s) from Utility, Utility at its option, may correct such conditions. Utility will attempt to notify Licensee in writing prior to performing such work whenever practicable. When Utility believes, however, that Pole Attachment License Agreement 4.5 4.6 4.7 4.8 such violation(s) pose an immediate threat to the safety of any person, interfere with the performance of Utility's service obligations or pose an immediate threat to the physical integrity of Utility Facilities, Utility may perform such work and/or take such action as it deems necessary without first giving written notice to Licensee. As soon as practicable thereafter, Utility will advise Licensee of the work performed or the action taken. Licensee shall be responsible for all costs incurred by Utility in taking action pursuant to this Paragraph. Restoration of Utility Service.' Utility's service restoration requirements shall take precedence over any and alt work operations of Licensee on Utility's Poles or within Utility's Conduit System. Effect of Failure to Exercise Access Rights. If Licensee does not exercise any access right granted pursuant to this Agreement and/or applicable Permit(s) within ninety (90) calendar days of the effective date of such right and any extension thereof, Utility may use the space scheduled for Licensee's Attachment(s) for its own needs or other Attaching Entities. In such instances, Utility shall endeavor to make other space available to Licensee, upon written application per Article 6, as soon as reasonably possible and subject to ail requirements of this Agreement, including the Make-Ready Work provisions. Licensee may obtain a refund on a pro-rata basis of any Attachment Fees it has paid in advance with respect to expired Permits. Interference Test Equipment. To the extent Licensee furnishes cable television service it shall maintain test equipment to identify signal interference to its customers, and shall not identify Utility as the source of such interference absent a test report verifying the source. Removal of Nonfunctional Attachments. At its sole expense, Licensee shall remove any of its Attachments or any part thereof that becomes nonfunctional and no longer fit for service ("Nonfunctional Attachment") as provided in this Paragraph 4.9. A Nonfunctional Attachment that Licensee has failed to remove as required in th/s paragraph shall constitute an unauthorized Attachment and is subject to the Unauthorized Attachment fee specified in Appendix A, Item 3. Except as otherwise provided in this Agreement, Licensee shall remove Nonfunctional Attachments within one (1) year of the Attachment becoming nonfunctional, unless Licensee receives written notice from Utility that removal is necessary to accommodate Utility's or another Attaching Entity's use of the affected Pole(s) or portion of the Conduit System, in which case Licensee shall remove the Nonfunctional Attachment within sixty (60) days of receiving 10 Pole Attachment License Agreement the notice. Where Licensee has received a Permit to Overlash a Nonfunctional Attachment, such Nonfunctional Attachment may remain in place until Utility notifies Licensee that removal is necessary to accommodate Utility's or another Attaching Entity's use of the affected Pole(s). Licensee shall give Utility notice of any Nonfunctional Attachments as provided in Article 15. Article 5 Private and Regulatory Compliance 5.1 Necessary Authorizations. Licensee shall be responsible for obtaining from the appropriate public and/or private authority or other appropriate persons any required authorization to construct, operate and/or maintain its Communications Facilities on public 'and/or private property before it occupies any portion of Utility's Poles. Utility retains the right to require evidence that appropriate authorization has been obtained before any Permit is issued to Licensee. Licensee's obligations under this Article 5 include, but are not limited to, its obligation to obtain all necessary approvals to occupy public/private rights-of- way and to pay all costs associated therewith. Licensee shall defend, indemmfy and reimburse Utility for all loss and expense, including reasonable attorney's fees, that Utility may incur as a result of claims by governmental bodies, owners of private property, or other persons, that Licensee does not have sufficient rights or authority to attach Licensee's Communications Facilities on Utility's Poles or within its Conduit System. 5.2 Lawful Purpose and Use. Licensee's Communications Facilities must at all times serve a lawful purpose, and' the use of such Facilities must comply with alt applicable federal, state and local laws. 5.3 Forfeiture of Utilitw's Rights. No Permit granted under this Agreement shall extend to any Pole or within any Conduit System on/in which the Attachment of Licensee's Communications Facilities would result in a forfeiture of Utility's rights. Any Permit, which on its face would cover Attachments that would result in forfeiture of Utility's rights, is invalid. Further, if any of Licensee's existing Communications Facilities, whether installed pursuant to a valid Permit or not, would cause such forfeiture, Licensee shall promptly remove its Facilities upon receipt of written notice from Utility. Utility will perform such removal at Licensee's expense not sooner than the expiration of thirty (30) calendar days from Utility's issuance of the written notice. 5.4 Effect of Consent to Construction/Maintenance. Consent by Utility to the construction or maintenance of any Attachments by Licensee shall not be deemed Attachment License Agreement 11 consent, authorization or an acknowledgment that Licensee has the authority to construct or maintain any other such Attachments. It is Licensee's responsibility to obtain all necessary approvals for each Attachment from all appropriate parties or agencies. Ill Article 6 Permit Application Procedures 6.1 Permit Required. Licensee shall not install any Attachments on any Pole or within any Utility Conduit System without first applying for and obtaining a Permit pursuant to the applicable requirements of Appendix B. Unless otherwise notified, pre- existing authorized Attachment(s) of Licensee as of the effective date of this Agreement shall be grandfathered with respect to Permitting, but shall be subject to the Attachment Fees. Licensee shall provide Utility with a list of all such pre-existing Attachments within six (6) months of the effective date of this Agreement. Attachments to or rights to occupy Utility Facilities not covered by tiffs Agreement must be separately negotiated. 6.2 Permits for Overlashing. As set out in Paragraph 2.11, Permits are required for any Overlashing allowed under this Agreement and Licensee, Licensee's Affiliate or other third party, as applicable, shall pay any necessary Make-Ready Work costs to accommodate such Overtashing. 6.3 Professional Certification. Unless otherwise waived in writing by Utility, as part of the Permit application process and at Licensee's sole expense, a qualified and experienced professional engineer, or an employee or contractor of Licensee who has been approved by Utility, must participate in the Pre-Construction Survey, conduct the Post-Construction Inspection and certify that Licensee's Conununications Facilities can be and were installed on the identified Poles or within specified portions of the Conduit System in compliance with the standards in Paragraph 4.1 and in accordance with the Permit. The professional engineer's qualifications must include experience performing such work, or substantially similar work, on electric transmission or distribution systems. Utility, at its discretion, may waive the requirements of this Paragraph 6.3, with respect to service drops. 12 Pole Attachment License Agreement 6.4 6.5 Utili~, Review of Permit Application. Upon receipt of a properly executed Application for Permit (Appendix C), which shall include the Pre-Construction Survey, certified per Paragraph 6.3 above, and detailed plans for the proposed Attachments in the form specified in Appendix D, Utility will review the Permit Application as promptly as possible, and discuss any issues with Licensee, including engineering or Make-Ready Work requirements associated with the Permit Application. Utility acceptance of the submitted design documents does not relieve Licensee of full responsibility for any errors and/or omissions in the engineering analysis. Permit as Authorization to Attach. After receipt of payment for any necessary Make-Ready Work, Utility will sig~ and return the Permit Application, which shall serve as authorization for Licensee to make its Attachment(s). Article 7 Make-Ready Work/Installation 7.1 Estimate for Make-Ready Work. In the event Utility determines that it can accommodate Licensee's request for Attachment(s), including Overlashing of an existing Attachment, it will, upon request, advise Licensee of any estimated Make-Ready Work charges necessary to accommodate the Attachment. 7.2 Payment of Make-Ready Work. Upon completion of the Make-Ready Work, Utility shall invoice Licensee for Utility's actual cost of such Make-Ready Work. Alternatively, Utility, at its discretion, may require payment in advance for Make- Ready Work based upon the estimated cost of such work. In such case, upon completion Licensee shall pay Utility's actual cost of Make-Ready Work. The costs of the work shall be itemized as per Paragraph 3.9 and treed up as per Paragraph 3.8. 7.3 Who May Perform Make-Ready Work. Make-Ready Work shall be performed only by Utility and/or a contractor authorized by Utility to perform such work. If Utility cannot perform the Make-Ready Work to accommodate Licensee's Communications Facilities within ninety (90) calendar days of Licensee's request for Attachments, Licensee may seek permission from Utility for Licensee to employ a qualified contractor to perform such work. 7.4 Scheduling of Make-Ready Work. In performing all Make-Ready Work to accommodate Licensee's Communications Facilities, Utility will endeavor to include such work in its normal work schedule. In the event Licensee requests that the Make-Ready Work be performed on a priority basis or outside of Utility's Pole Attachment License Agreement 13 normal work hours, Licensee agrees to pay any resulting increased costs. Nothing herein shall be construed to require performance of Licensee's work before other scheduled work or Utility service restoration. 7.5 Written Approval of Installation Plans Required. Before making any Attachments to Utility's Poles or Conduit System, including Overlashing of existing Attachments, the applicant must obtain Utility's written approval of detailed plans for the Attachments. Such detailed plans shall accompany a Permit application as required under Paragraph 6.4. 7.6 Licensee's Installation/RemovaFMaintenance Work. 7.6.1 All of Licensee's installation, removal and maintenance work shall be performed at Licensee's sole cost and expense, in a good and workmanlike manner, and must not adversely affect the structural integrity of Utility's Poles, Conduit System or other Facilities' or other Attaching Entity's facilities or equipment attached thereto. All such work is subject to the insurance requirements of Article 18. 7.6.2 All of Licensee's installation, removal and maintenance work performed on Utility's Poles or within its Conduit System or in the vicinity of other Utility Facilities, either by its employees or contractors, shall be in compliance with all applicable regulations specified in Paragraph4.1. Licensee shall assure that any person installing, maintaining, or removing its Communications Facilities is fully qualified and familiar with all Applicable Standards, the provisions of Article 17, and the Minimum Design Specifications contained in Appendix D. Article 8 Transfers 8.1 Required Transfers of Licensee's Communications Facilities. If Utility reasonably determines that a transfer of Licensee's Communications Facilities is necessary, Licensee agrees to allow such transfer. In such instances, Utility will, at its option, either perform the transfer using its personnel, and/or contractors and/or require Licensee to perform such transfer at its own expense within sixty (60) calendar days after receiving notice from Utility. If Licensee fails to transfer its Facilities within sixty (60) calendar days after receiving such notice fi'om Utihty, Utility shall have the right to transfer Licensee's Facilities using its personnel and/or contractors at Licensee's expense plus the penalty specified in Appendix A. Utility shall not be liable for damage to Licensee's Facilities except 14 Pole Attachment License Agreement to the extent provided in Paragraph 16.1. The written advance notification requirement of this Paragraph shall not apply to emergency situations, in which case Utility shall provide such advance notice as is practical given the urgency of the particular situation. Utility shall then provide written notice of any such actions taken within ten (t0) days of the occurrence. Irrespective of who owns them, Licensee is responsible for the transfer of Facilities that are overlashed on to Licensee's Attachments. 8.2 Billing for Transfers Performed by Utili ,ty. If Utility performs the transfer(s), Utility will bill Licensee for actual costs per Paragraph 3.9. Licensee shall reimburse Utility within thirty (30) calendar days of thc receipt of the invoice. Article 9 Pole Modifications And/Or Replacements 9.1 IIII Licensee's Action Rerluirin~ Modification/Reolacement. In the event that any Pole to which Licensee desires to make Attachment(s) is unable to support or accommodate the additional facilities in accordance with all Applicable Standards, Utility will notify Licensee of the necessary Make-Ready Work, and associated costs, to provide an adequate Pole, including but not limited to replacement of the Pole and rearrangement or transfer of Utility's Facilities. Licensee shall be responsible for separately entering into an agreement with other Attaching Entities concerning the allocation of costs for the relocation or rearrangement of such entities' existing Attachments. If Licensee elects to go forward with the necessary changes, Licensee shall pay to Utility the actual cost of the Make-Ready Work, performed by Utility, per Paragraph 3.9. Utility, at its discretion, may require advance payment. Licensee shall also be responsible for obtaining, and furnishing to Utility before the commencement of any Make- Ready Work, agreements between Licensee and the other Attaching Entities (including Overlashers) concerning the relocation or rearrangement of their Attachments and the costs involved. 9.2 Treatment of Multiple Requests for Same Pole. If Utility receives Permit Applications for the same Pole from two or more prospective licensees within sixty (60) calendar days of the initial request, and accommodating their respective requests would require modification or replacement of the Pole, Utility will allocate among such licensees the applicable costs associated with such modification or replacement. Such allocation apphes only to those Attachments involving cable/wire and not Risers and/or other equipment. Po/e Attachment License Agreement 15 9.3 9.4 Guying. The use of guying to accommodate Licensee's Attachments shall be provided by and at the expense of Licensee and to the satisfaction of Utility as specified in Appendix D. Licensee shall not attach its guy wires to Utility's anchors without prior written permission of Utility. If permission is granted, charges may apply. Allocation of Costs. The costs for any rearrangement or transfer of Licensee's Communications Facilities or the replacement of a Pole (including any related costs for tree cutting or trimming required to clear the new location of Utility's cables or wires) shall be allocated to Utility and/or Licensee and/or other Attaching Entity on the following basis: 9.4.1 If Utility intends to modify or replace a Pole solely for its own requirements, it shall be responsible for the costs related to the modification/replacement of the Pole. Licensee, however, shall be responsible for all costs associated with the rearrangement or transfer of Licensee's Communications Facilities. Prior to making any such modification or replacement Utility shall provide Licensee written notification of its intent in order to allow Licensee a reasonable opportunity to elect to modify or add to its existing Attachment. Should Licensee so elect, it must seek Utility's written permission per this Agreement. The notification requirement of this Paragraph 9.4.1 shall not apply to routine maintenance or emergency situations. If Licensee elects to add to or modify its Communications Facilities, Licensee shall bear the total incremental costs incurred by Utility in making the space on the Poles accessible to Licensee. 9.4.2 If the modification or the replacement of a Pole is the result of an additional Attachment or the modification of an existing Attachment sought by an Attaching Entity other than Utility or Licensee, the Attaching Entity requesting the additional or modified Attachment shall bear the entire cost of the modification or Pole replacement, as well as the costs for rearranging or transferring Licensee's Communications Facilities. Licensee shall cooperate with such third-party Attaching Entity to determine the costs of moving Licensee's facilities. 16 Pole Attachment License Agreement 9.4.3 If the Pole must be modified or replaced for other reasons unrelated to the use of the Pole by Attaching Entities (e.g., storm, accident, deterioration), Utility shall pay the costs of such modification or replacement; provided, however, that Licensee shall be responsible for the costs of rearranging or transferring its Communications Facilities. 9.4.4 If the modification or replacement of a Pole is necessitated by the requirements of Licensee, Licensee shall be responsible for the costs related to the modification or replacement of the Pole and for the costs associated with the transfer or rearrangement of any other Attaching Entity's Communications Facilities. Licensee shall submit to Utility evidence, in writing, that it has made arrangements to reimburse all affected Attaching Entities for the cost to transfer or rearrange such Entities' Facilities at the time Licensee submits a Permit Application to Utility. Utility shall not be obligated in any way to enforce or administer Licensee's responsibility for the costs associated with the transfer or rearrangement of another Attaching Entity's Facilities pursuant to this Paragraph 9.4.4. ~ 9.5 Utility. Not Required to Relocate. No provision of this Agreement shall be construed to require Utility to relocate its Attachments or modify/replace its Poles for the benefit of Licensee, provided, however, any denial by Utility for modification of the pole is based on nondiscriminatory standards of general applicability. Article 10 Abandonment or Removal of Utility Facilities 10.1 Notice of Abandonment or Removal of Utility, Facilities. If Utility desires at any time to abandon, remove or .underground any Utility Facilities to which Licensee's Communications Facilities are attached, it shall give Licensee notice in writing to that effect at least sixty (60) calendar days prior to the date on which it intends to abandon or remove such Utility's Facilities. Notice may be limited to thirty (30) calendar days if Utility is required to remove or abandon its Utility Facilities as the result of the action of a third party and the greater notice period is not practical. Such notice shall indicate whether Utility is offering Licensee an option to purchase the Pole(s). If, following the expiration of the thirty-day period, Licensee has not yet removed and/or transferred all of its Communications Facilities therefrom and has not entered into an agreement to purchase Utility's Pole Attachment License Agreement 1 ? 10.2 10.3 Facilities pursuant to Paragraph 10.2, Utility shall have the right, subject to any apphcable laws and regulations, to have Licensee's Communications Facilities removed and/or transferred from the Pole at Licensee's expense. Utility shall give Licensee prior written notice of any such removal or transfer of Licensee's Facilities. Option to Purchase Abandoned Poles. Should Utility desire to abandon any Pole, Utility, in its sole discretion, may grant Licensee the option of purchasing such Pole at a rate negotiated with Utility. Licensee must notify Utility in writing within thirty (30) calendar days of the date of Utility's notice of abandonment that Licensee desires to purchase the abandoned Pole. Thereafter, Licensee must also secure and deliver proof of all necessary governmental approvals and easements allowing Licensee to independently own and access the Pole within forty-five (45) calendar days. Should Licensee fail to secure the necessary governmental approvals, or should Utility and Licensee fail to enter into an agreement for Licensee to purchase the Pole prior to the end of the forty-five (45) calendar days, Licensee must remove its Attachments as required under Paragraph 10.1. Utility is under no obligation to sell Licensee Poles that it intends to remove or abandon. Underground Relocation. If Utility moves any portion of its aerial system underground, Licensee shall remove its Communications Facilities from any affected Poles within sixty (60) calendar days of receipt of notice from Utility and either relocate its affected Facilities underground with Utility or find other means to accommodate its Facilities. Licensee's failure to remove its Facilities as required under this Paragraph 10.3 shall subject Licensee to the penalty provisions of Appendix A. Article 11 Removal of Licensee's Facilities Removal on Expiration/Termination. At the expiration or other termination of this License Agreement or individual Permit(s), Licensee shall remove its Communications Facilities from the affected Poles or portions of Conduit System at its own expense. If Licensee fails to remove such facilities within sixty (60) calendar days of expiration or termination or some greater period as allowed by Utility, Utility shall have the right to have such facilities removed at Licensee's expense. 18 Pole Attachment License Agreement Article 12--Termination of Permit 12.1 Automatic Termination of Permit. Any Permit issued pursuant to this Agreement shall automatically terminate when Licensee ceases to have authority to construct and operate its Communications Facilities on public or private property at the location of the particular Pole(s)/portion of the Conduit System covered by the Permit. 12.2 Surrender of Permit. Licensee may at any time surrender any Permit for Attachment and remove its Communications Facilities fi.om the affected Pole(s) or segment of the Conduit System, provided, however, that before commencing any such removal Licensee must obtain Utility's written approval of Licensee's plans for removal, including the name of the party performing such work and the date(s) and time(s) during which such work will be completed. All such work is subject to the insurance requirements of Article 18. No refund of any fees or costs will be made upon removal. If Licensee surrenders such Permit pursuant to the provisions of this Article, but fails to remove its Attachments fi.om Utility's Facilities within thirty (30) calendar days thereafter, Utility shall have the right to remove Licensee's Attachments at Licensee's expense. II Article 13 - Inspection of Licensee's Facilities 13.1 Inspections, Utility may conduct an inventory and inspection of Attachments at any time. Licensee shall correct all Attachments that are not found to be in comphance with Applicable Standards within thirty (30) calendar days of notification. If it is found that Licensee has made an Attachment without a Permit, Licensee shall pay a fee as specified in Appendix A, Item 3 in addition to applicable Permit and Make-Ready charges. If it is found that five percent (5%) or more of Licensee's Attachments are either in non-compliance or not permitted, Licensee shall pay its pro-rata share of the costs of the inspection. 13.2 Notice. Utility will give Licensee reasonable advance written notice of such inspections, except in those instances where safety considerations justify the need for such inspection without the delay of waiting until written notice has been received. 13.3 No Liability. Inspections performed under this Article 13, or the failure to do so, shall not operate to impose upon Utility any liability of any kind whatsoever or relieve Licensee of any responsibility, obligations or liability whether assumed under this Agreement or otherwise existing. Po/e A~tachment License Agreement 13.4 Attachment Records. Notwithstanding the above inspection provisions, Licensee is obligated to furnish Utility on an annual basis as~ up-to-date map depicting the locations of its Attachments in an electronic format specified by Utility. II Article 14~Unauthorized Occupancy or Access 14.1 Penalty. Fee. If any of Licensee's Attachments are found occupying any Pole or segment of the Conduit System for which no Permit has been issued, Utility, without prejudice to its other rights or remedies under this Agreement, may assess an Unauthorized Access Penalty Fcc as specified in Appendix A, Item 3. In thc event Licensee fails to pay such Fee within thirty (30) calendar days of receiving notification thereof, Utility has the right to remove such Communications Facilities at Licensee's expense. 14.2 No Ratification of Unlicensed Use. No act or failure to act by Utility with regard to any unlicensed use shall be deemed as ratification of the unlicensed use and if any Permit should be subsequently issued, such Permit shall not operate retroactively or constitute a waiver by Utility of any of its rights or privileges under this Agreement or otherwise; provided, however, that Licensee shall be subject to ali liabilities, obligations and responsibilities of this Agreement in regards to the unauthorized use from its inception. Article 15 Reporting Requirements Concurrently with Licensee's Attachment Fee payment and using the reporting form contained in Appendix E, Licensee shall report the following to Utility: 15.1 The Poles on which Licensee has installed, during the relevant reporting period, Risers and service drops, where no Permit was required. 15.2 All Attachments that have become nonfunctional during the relevant reporting period. The report shall identify the Pole on which the Nonfunctional Attachment is located, describe the nonfunctional equipment, and indicate the approximate date the Attachment became nonfunctional. 15.3 Any equipment Licensee has removed from Poles during the relevant reporting period. The report shall identify the Pole from which the equipment was removed, describe the removed equipment, and indicate the approximate date of removal. This requirement does not apply where Licensee is surrendering a Permit pursuant to Paragraph 12.2. 20 Pole Aftachment License Agreement Article 16 Liability and Indemnification 16.1 Liability,. Utility reserves to itself the right to maintain and operate its Poles and Conduit System in such manner as will best enable it to fulfill its service requirements. Licensee agrees to use Utility's Poles and Conduit System at Licensee's sole risk. Notwithstanding the foregoing, Utility shall exercise reasonable precaution to avoid damaging Licensee's Communications Facilities and shall report to Licensee the occurrence of any such damage caused by its employees, agents or contractors. Subject to Paragraph 16.5, Utility agrees to reimburse Licensee for ali reasonable costs incurred by Licensee for the physical repair of such facilities damaged by the gross negligence or willful misconduct of Utility, provided, however, that the aggregate liability of Utility, to Licensee, in any fiscal year, for any other fines, penalties, claims or damages stemming from interruption of Licensee's service or interference with the operation of Licensee's Communications Facilities (including special, indirect, punitive or consequential damages) shall not exceed the amount of the total Annual Attachment Fees paid by Licensee to Utility for that year as calculated based on the number of Attachments under Permit at the time of the damage per Appendix A, Item 1. 16.2 Indemnification. Licensee, and any agent, contractor or subcontractor of Licensee, shall defend, indemnify and hold harmless Utility and its officials, officers, board members, council members, commissioners, representatives, employees, agents, and contractors against any and ail liability, costs, damages, fines, taxes, special charges by others, penalties, payments (including payments made by Utility under any Workers' Compensation Laws or under any plan for employees' disability and death benefits), and expenses (including reasonable attorney's fees of Utility and all other costs and expenses of litigation) ("Covered Claims") arising in any way, including any act, omission, failure, negligence or willful misconduct, in connection with the construction, maintenance, repair, presence, use, relocation, transfer, removal or operation by Licensee, or by Licensee's officers, directors, employees, agents or contractors, of Licensee's Communications Facilities, except to the extent of Utility's negligence or willful misconduct giving rise to such CoVered Claims. Such Covered Claims include, but are not limited to, the following: 16.2.1 Intellectual property infringement, libel and slander, trespass, unauthorized use of television or radio broadcast programs and other program material, and infringement of patents; Pole Attachment License Agreement 21 16.4 compromise or discharge, any third-party claim without Licensee's prior written consent, and Utility will agree to any settlement, compromise or discharge of any third-party claim which Licensee may recommend which releases Utility completely from such claim. Environmental Hazards. Licensee represents and warrants that its use of Utility's Poles will not generate any Hazardous Substances, that it will not store or dispose on or about Utility's Poles/Conduit System or transport to Utility's Poles/Conduit System any hazardous substances and that Licensee's Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of federal, state or local law now or hereafter in effect including any amendments. "Hazardous Substance" shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless Utility and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney's fees and ail other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to Utility's Poles/Conduit System attributable to Licensee's use of Utility's Poles or Conduit System. Should Utility's Poles be declared to contain Hazardous Substances, Utility, Licensee and all Attaching Entities shall share proportionately in the cost of disposal of the affected Poles based on each entity's individual percentage use of the same. For Attaching Entities, such percentage shall be derived from the sum of Assigned Space occupied by each Attaching Entity plus its share of the Common Space. For Utility, such percentage shall be equal to the space above the NESC 40-inch safety space plus :its share of the Common Space. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Po/e Attachment/_icense Agreement 23 16.5 16.6 Municipal Liability Limits. No provision of this Agreement is intended, nor shall it be construed, to be a waiver for any purpose by Utility of any applicable State limits on mUnicipal liability, or any applicable State law regarding immunity. No indemnification provision contained in this Agreement under which Licensee indemnifies Utility shall be construed in any way to limit any other indemnification provision contained in this Agreement. Attorney's Fees. If Utility brings a successful action in a court of competent jurisdiction to enforce this Agreement, Licensee shall pay Utility's reasonable attorney's fees. Article 17 Duties, Responsibilities, And Exculpation 17.1 Du.ty to Inspect. Licensee acknowledges and agrees that Utility does not warrant the condition or safety of Utility's Facilities, or the premises surrounding the Facilities, and Licensee further acknowledges and agrees that it has an obligation to inspect Utility's Poles or Conduit System and/or premises surrounding the Poles or Conduit System, prior to commencing any work on Utility's Poles or within Utility's Conduit System or entering the premises surrounding such Poles or Conduit System. 17.2 Knowledge of Work Conditions. By executing this Agreement, Licensee warrants that it has acquainted, or will fully acquaint, itself and its employees and/or contractors and agents with the conditions relating to the work that Licensee will undertake under this Agreement and that it fully understands or will acquaint itself with the facilities, difficulties and restrictions attending the execution of such work. 17.3 DISCLAIMER. UTILITY MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO UTILITY'S POLES OR CONDUIT SYSTEM, ALL OF WHICH ARE HEREBY DISCLAIMED, AND UTILITY MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, EXCEPT TO THE EXTENT EXPRESSLY AND UNAMBIGUOUSLY SET FORTH IN THIS AGREEMENT. UTILITY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 17.4 Du~ of Comoetent Suoervision and Performance. The parties further understand and agree that in the performance of work under this Agreement, Licensee and its agents, employees, contractors and subcontractors will work near electrically 24 Pole Attachment License Agreement energized lines, transformers or other Utility Facilities, and it is the intention that energy therein will not be interrupted during the continuance of this Agreement, except in an emergency endangering life, grave personal injury or property. Licensee shall ensure that its employees, agents, contractors and subcontractors have the necessary qualifications, skill, knowledge, training and experience to protect themselves, their fellow employees, employees of Utility and the general public, fi.om harm or injury while performing work permitted pursuant to this Agreement. In addition, Licensee shall furnish its employees, agents, contractors and subcontractors competent supervision and sufficient and adequate tools and equipment for their work to be performed in a safe manner. Licensee agrees that in emergency situations in which it may be necessary to de-energize any part of Utility's equipment, Licensee shall ensure that work is suspended until the equipment has been de-energized and that no such work is conducted unless and until the equipment is made safe. 17.5 Requests to De-energize. In the event Utility de-energizes any equipment or line at Licensee's request and for its benefit and convenience in performing a particular segment of any work, Licensee shall reimburse Utility in full for all costs and expenses incurred, in accordance with Paragraph 3.9, in order to comply with Licensee's request. Before Utility de-energizes any equipment or line, it shall provide, upon request, an estimate of all costs and expenses to be incurred in accommodating Licensee's request. 17.6 Interruption of Service. In the event that Licensee causes an interruption of service by damaging or interfering with any equipment of Utility, Licensee at its expense shall immediately do all things reasonable to avoid injury or damages, direct and incidental, resulting therefrom and shall notify Utility immediately. 17.7 Duty. to Inform. Licensee further warrants that it understands the imminent dangers (INCLUDING SERIOUS BODILY INJURY OR DEATH FROM ELECTROCUTION) inherent in the work necessary to make installations on Utility's Poles or within Utility Conduit System by Licensee's employees, agents, contractors or subcontractors, and accepts as its duty and sole responsibility to notify and inform'Licensee's employees, agents, contractors or subcontractors of such dangers, and to keep them informed regarding same. Ill Article 18 Insurance 18.1 Policies Required. At all times during the term of this Agreement, Licensee shall keep in force and effect all insurance policies as described below: Pole Attachment License Agreement 25 18.2 18.1.1 Workers' Compensation and Employers' Liability, Insurance. Statutory workers' compensation benefits and employers' liability insurance with a limit of liability no less than that required by Texas law at thc time of the application of this provision for each accident. This policy shall be endorsed to include a waiver of subrogation in favor of Utility. Licensee shall require subcontractors and others not protected Under its insurance to obtain and maintain snch insurance. 18.1.2 Commercial General Liability Insurance. Policy will be written to provide coverage for, but not limited to, the following: premises and operations, products and completed operations, personal injury, blanket contractual coverage, broad form property damage, independent contractor's coverage with limits of liability not less than $2,000,000 commercial general liability, $2,000,000 products/completed operations aggregate, $2,000,000 personal injury, $2,000,000 per each occurrence. 18.1.3 Automobile Liability Insurance. Business automobile policy coveting all owned, hired and non-owned private passenger autos and commercial vehicles. Limits of liability not less than $1,000,000 per each occurrence, $1,000,000 aggregate. 18.1.4 Umbrella Liabilitv Insurance. Coverage is to be in excess of the sum employers' liability, commercial general liability, and automobile liability insurance required above. Limits of liability not less than $3,000,000 each occurrence, $3,000,000 aggregate. 18.1.5 Propertv Insura. gce. Each party will be responsible for maintaining property insurance on its own facilities, buildings and other improvements, including all equipment, fixtures, and utility structures, fencing or support systems that may be placed On, within or around Utility Facilities to fully protect against hazards of fire, vandalism and malicious mischief, and such other perils as are covered by policies of insurance commonly referred to and known as "extended coverage" insurance or self-insure such exposures. Qualificatiom Priority; Contractors' Coverage. The insurer must be authorized to do business under the laws of the State of Texas and have an "A-" or better rating in Best's Guide. Such insurance will be primary. All contractors and ail of their subcontractors who perform work on behalf of Licensee shall carry, in full force and effect, workers' compensation and employers' liability, comprehensive 26 Pole Attachment License Agreement I8.3 18.4 18.5 general liability and automobile liability insurance coverages of the type that Licensee is required to obtain under this Article 18 with the same limits. Certificate of Insurance; Other Requirements. Prior to the execution of this Agreement and prior to each insurance policy expiration date during the term of this Agreement, Licensee will furnish Utility with a certificate of insurance ("Certificate") and, upon request, certified copies of the required insurance policies. The Certificate shall reference this Agreement and workers' compensation and property insurance waivers of subrogation required by this Agreement. Utility shall be given thirty (30) calendar days advance notice of cancellation or nonrenewal of insurance during the term of this Agreement. Utility, its cotmcil members, board members, commissioners, agencies, officers, officials, employees and representatives (collectively, "Additional Insureds") shall be named as Additional Insureds under all of the policies, except workers' compensation, which shall be so stated on the Certificate of Insurance. All policies, other than workers' compensation, shall be written on an occurrence and not on a claims-made basis. All policies may be written with deductibles, not to exceed $100,000, or such greater amount as expressly allowed in writing by Utility. Licensee shall defend, indemnify and hold harmless Utility and Additional Insureds from and against payment of any deductible and payment of any premium on any policy required under this Article. Licensee shall obtain Certificates from its agents, contractors and their subcontractors and provide a copy of such Certificates to Utility, upon request. Limits. The limits of liability set out in this Article 18 may be increased or decreased by mutual consent of the parties, which consent will not be unreasonably withheld by either party, in the event of any factors or occurrences, including substantial increases in the level of jury verdicts or judgments or the passage of state, federal or other governmental compensation plans, or laws which would materially increase or decrease Licensee's exposure to risk. Prohibited Exclusions. No policies of insurance required to be obtained by Licensee or its contractors or subcontractors shali contain provisions (1)that exclude coverage of liability assUmed by this Agreement with Utility except as to infringement of patents or copyrights or for libel and slander in program material, (2)that exclude coverage of liability arising from excavating, collapse, or underground work, (3) that exclude coverage for injuries to Utility's employees or agents, or (4) that exclude coverage of liability for injuries or damages caused by Licensee's contractors or the contractors' employees, or agents. This list of prohibited provisions shall not be interpreted as exclusive. Po/e Attachment License Agreement 27 18.6 Deductible/Self-insurance Retention Amounts. It is agreed and understood that Licensee shall be fully and expressly responsible for any deductible or self- insured retention mounts contained in its insurance program or for any deficiencies in the amounts of insurance maintained. Article 19 Authorization Not Exclusive Utility shall have the right to grant, renew and extend rights and privileges to others not party to this Agreement by contract or otherwise, to use Utility Facilities covered by this Agreement. Such rights shall not interfere with the rights granted to Licensee by the specific Permits issued pursuant to this Agreement. Article 20 Assignment 20.1 Limitations on Assignment. Licensee shall not assign its rights or obligations under this Agreement, nor any part of such rights or obligations, without the prior written consent of Utility, which consent shall not be unreasonably withheld. It shall be unreasonable for Utility to withhold consent without cause to an assignment of all of Licensee's interests in this Agreement to its Affiliate. 20.2 20.3 Obligations of Assignee/Transferee and Licensee. No assignment or transfer under this Article 20 shall be allowed until the assignee or transferee becomes a signatory to this Agreement and~ assumes all obligations of Licensee arising under this Agreement. Licensee shall furnish Utility with prior written notice of the transfer or assignment, together with the name and address of the transferee or assignee. Notwithstanding any assignment or transfer, Licensee shall remain fully liable under this Agreement and shall not be released from performing any of the terms, covenants or conditions of this Agreement without the express written consent to the release of Licensee by Utility. Sub-licensing. Without Utility's prior written consent, Licensee shall not sub- license or lease to any third party, including but not limited to allowing third parties to place Attachments on Utility's Facilities, including Overlashing, or to place Attachments for the benefit of such third parties on Utility's Poles or within Utility's Conduit System. Any such action shall constitute a material breach of this Agreement. The use of Licensee's Communications Facilities by third parties (including but not linfited to leases of dark fiber) that involves no additional Attachment or Overlashing is not subject to this Paragraph 20.3. 28 Pole Attachment License Agreement IIII IIII Article 21 , Failure to Enforce Failure of Utility or Licensee to take action to enforce compliance with any of the terms or conditions of this Agreement, or to give notice, or declare this Agreement, or any authorization granted hereunder terminated, shall not constitute a waiver or relinquishment of any term or condition of this Agreement, but the same shall be and remain at all times in full force and effect until terminated, in accordance with this Agreement. I I Article 22 Termination of Agreement 22.1 Notwithstanding Utility's rights under Article 12, Utility shall have the right, pursuant to the procedure set out in Paragraph 22.2, to terminate this entire Agreement, or any Permit issued hereunder, whenever Licensee is in default of any term or condition of this Agreement, including but not limited to the following circumstances: 22.1.1 Construction, operation or maintenance of Licensee's Communications Facilities in violation of law or in aid of any unlawful act or undertaking; or 22.1.2 Construction, operation or maintenance of Licensee's Communications Facilities after any author/zation required of Licensee has lawfully been denied or revoked by any governmental or private authority or violation of any other agreement with Utility; or 22.1.3 Construction, operation or maintenance of Licensee's Communications Facilities without the insurance coverage required under Article 18. 22.2 Utility will notify Licensee in writing within fifteen (15) calendar days, or as soon as reasonably practicable, of any condition(s) applicable to Paragraph 22.1 above. Licensee shall take immediate corrective action to eliminate any such condition(s) within fifteen (15) calendar days, or such longer period mutually agreed to by the parties, and shall confirm in writing to Utility that the cited condition(s) has (have) ceased or been corrected. If Licensee fails to discontinue or correct such condition(s) and/or fails to give the required confirmation, Utility may immediately terminate this Agreement or any Permit(s). In the event of termination of this Agreement or any of Licensee's rights, privileges or authorizations hereunder, Utility may seek removal of Licensee's Communications Facilities pursuant to the terms of Article 11, provided, that Licensee shall be liable for and pay all fees and charges pursuant to terms of this Agreement to Utility until Licensee's Communications Facilities are actually removed. Pole Attachment License Agreement 29 Article 23 Term of Agreement 23.1 Th/s Agreement shall become effective upon its execution and, if not terminated in accordance with other provisions of this Agreement, shall continue in effect for a term of five (5) years. Either party may terminate this Agreement at the end of the initial five (5) year term by giving to the other party written notice of an intention to terminate this Agreement at least ninety (90) calendar days prior to the end of the term. If no such notice is given, this Agreement shall automatically be extended for an additional five (5) year te~Tn. Either party may terminate this Agreement at the end of the second five (5) year term by giving to the other party written notice of an intention to terminate this Agreement at least ninety (90) calendar days prior to the end of the second term. Upon failure to give such notice, this Agreement shall automatically continue in force until terminated by either party after ninety (90) calendar days written notice. 23.2 Even after the termination of this Agreement, Licensee's responsibility and indemnity obligations shall continue with respect to any claims or demands related to Licensee's Communications Facilities as provided for in Article 16. Article 24~Amending Agreement Notwithstanding other provisions of this Agreement, the terms and conditions of this Agreement shall not be amended, changed or altered except in writing and with approval by authorized representatives of both parties. Article 25 Notices 25.1 Wherever in this Agreement notice is required to be given by either party to the other, such notice shall be in writing and shall be effective when personally delivered to, or when mailed by :certified mail, return receipt requested, with postage prepaid to, and except ,where specifically provided for elsewhere, properly addressed as follows: If to Utility, at: City of Denton, Texas If to Licensee, at: Denton Independent School District 30 Pole Attachment License Agreement 25.2 or to such other address as either party, from time to time, may give the other party in writing. Licensee shall maintain a staffed 24-hour emergency telephone number, not available to the general public, where Utility can contact Licensee to report damage to Licensee's facilities or other situations requiring immediate communications between the parties. Such contact person shall be qualified and able to respond to Utility's concerns and requests. Failure to maintain an emergency contact shall subject Licensee to a penalty of $100 per incident, and shall eliminate Utility's liability to Licensee for any actions that Utility deems reasonably necessary given the specific circumstances. Article 26--Entire Agreement This Agreement supersedes all previous agreements, whether written or oral, between Utility and Licensee for placement and maintenance of Licensee's Communications Facilities on Utility's Poles or within Utility's Conduit System within the geographical service area covered by this Agreement; and there are no other provisions, terms or conditions to this Agreement except as expressed herein. Article 27wSeverability If any provision or portion thereof of this Agreement is or becomes invalid under any applicable statute or rule of law, and such invalidity does not materially alter the essence of this Agreement to either party, such provision shall not render unenforceable this entire Agreement, but rather it is the intent of the parties that this Agreement be administered as if it did not contain the invalid provision. Article 28~Governing Law The validity, performance and all matters relating to the effect of this Agreement and any amendment hereto, shall be govemed by the laws (without reference to choice of law) of the State of Texas. Article 29--Incorporation of Recitals and Appendices The recitals stated above, and ali appendices to this Agreement, are incorporated into and constitute part of this Agreement. Pole Attachment License Agreement 31 Article 30 Performance Bond On execution of this Agreement, Licensee shall provide to Utility a performance bond in an amount that is equal to Twenty-Four and 45/100 Dollars ($24.45) per Licensee Pole Attachment; and an amount of Thirty-Eight Cents ($.38) per linear foot of Conduit System occupied, which amounts shall be adjusted accordingly on an annual basis to account for additions or reductions in the total number of Licensee's Pole Attachments, and use of Conduit System. The bond shall be with an entity and in a form acceptable to Utility. The purpose of the performance bond is to ensure Licensee's faithful performance of ali of its obligations under this Agreement and for the payment by Licensee of any claims, liens, taxes, liquidated damages, penalties and fees due to Utility which arise by reason of the construction, operation, maintenance or removal of Licensee's Communications Facilities on or about Utility's Poles or within its Conduit System. Article 31 Force Majeure 31.1 In the event that either Utility or Licensee is prevented or delayed from fulfilling any term or provision of this Agreement by reason of fn'e, flood, earthquake or like acts of nature, wars, revolution, civil commotion, explosion, acts of terrorism, embargo, acts of the government in its sovereign capacity, material changes of taws or regulations, labor difficulties, including without limitation, strikes, slowdowns, picketing or boycotts,.unavailability of equipment of vendor, or any other such cause not attributable to the negligence or fault of the party delayed in performing the acts required by the Agreement, then performance of such acts shall be excused for the period of the unavoidable delay, and any such party shall endeavor to remove or overcome such inability as soon as reasonably possible. 31.2 Utihty shall not impose any charges on Licensee stemming solely fi.om Licensee's inability to perform required acts during a period of unavoidable delay as described in Paragraph 3 i. 1, provided that Licensee present Utility with a written description of such force majeure within a reasonable time after occurrence of the event or cause relied on, and further provided that this provision shall not operate to excuse Licensee from the timely payment of any fees or charges already due and payable to Utility under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. 32 Pole Attachment License Agreement "UTILITY" CITY OF DENTON, TEXAS DENTON MUNICIPAL ELECTRIC By: ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L.PROUTY, CITY ATTORNEY By: Attachment License Agreement 33 "LICENSEE" DENTON INDEPENDENT SCHOOL DISTRICT By: ATTEST: By: APPROVED AS TO LEGAL FORM: HAYES, COFFEY & BERRY, P.C. By: S:\Our Document¢,Contracts\04kPole Attachment License Agreement-DISD 2004.doc 34 Pole Attachment License Agreement APPENDIX A FEES AND CHARGES II Pole Attachment Fees and Charges Effective Date / / 1. Annual Pole Attachment Fee: $24.45 per attachment/per year The Annual Attachment Fees shall bc adjusted annually by any change in the Index now known as "United States Bureau of Labor Statistics, Consurner Price Index--All Urban Consumers, base period 1982-84 = 100, (CPI-U)," hereinafter referred to as the "Index." The parties agree that the 2002 Index is __. [to be supplied] 2. Non-Recurring Fees: One-time License Agreement Fee ........................ $100.00 Permit Application Fee ........................................ $35.00 per Permit AppIication (1-50 Poics) Permit Application Fee ........................................ $70.00 per Permit Application (51 or more Poles) Make Ready Work Charges ................................. See Article 3 o£Agreement Miscellaneous Charges ........................................ See Article 3 of Agreement [or Attach Fee Schedule for Work Performed for the Licensee] Inspection Fees ..................................................... See Article 3 of Agreement 3. Unauthorized Attachment Penalty Fee: Three times the annual attachment fee, per occurrence. 4. Failure To Timely Transfer, Abandon or Remove Facilities Penalty: One-fifth (1/5) annual attachment fee per day, per pole, first thirty (30) days; Annual attachment fee per day, per pole, second thirty (30) days and thereafter. S:\Our Documents\Contracts\O3'~mterim Pole Attachment License Agreement-Ex A-Fees & Charges.doc Interim Pole Attachment License Agreement Appendix "A" APPENDIX B POLE ATTACHMENT PERMIT APPLICATION PROCESS The following procedure is to be followed by each Licensee seeking to make new Attachments on Utihty's Poles. Note that no entity may make any Attachments to Utility's Poles without having first entered into a binding Interim Pole Attachment Licensing Agreement. Licensee shall submit a written request to perform a Pre-Construction Inspection. The request must include a preliminary route description. Licensee shall have a professional engineer, or utility approved employee or contractor, participate in a Pre- Construction Inspection, which will include a review of the proposed Attachment(s) to determine the feasibility of the request and identify any potential Make-Ready Work. Appendix F to this Interim Agreement contains the minimum design review information that an applicant must provide and a worksheet for determining the minimum specifications that the proposed Attachment must meet. Following the Pre-Construction Inspection, Licensee shall submit a completed Permit Application (Appendix C) that includes: route map, information required in Appendix F, installation plans and~ recommendations on Make-Ready Work. Licensee shall prepare the Permit Application in adherence with the Applicable Standards (Section 1.2 of Interim Agreement) and specifications (Appendix D). The Utility will review the recommendations from the inspection and discuss any issues with the Licensee. Upon receipt of written authorization, Utility will proceed with Make-Ready Work according to the specific agreed-upon installation plans and the terms of the Interim Agreement, including payment for the Make-Ready Work charges as set out by Utility and agreed to by the Licensee. Upon completion of the Make-Ready Work, the Utility will sign and return the Application for Permit authorizing the Licensee to make its Attachment(s) in accordance with agreed-upon installation plans. The Licensee's professional engineer, utility-approved employee or contractor shall submit written certification that he/she has completed the Post-Construction Inspection and that the installation was done in accordance with the provisions of the Permit. The Post-Construction Inspection shall be submitted within ninety (90) calendar days after installation is complete. Interim Pole Attachment License Agreement Appendix "B" Appendix B--Pole Attachment Permit Application Process If the Utility waives the professional-engineer requirement, the Utility will perform the Post-Construction Inspection and charge the Licensee per Artiele 3 of the Interim Agreement. S :\Our Documents\Contracts\03Xlntefim Pole Attachment License Agreement-Appendix B-Permit Application Process.doc Interim Pole Attachment License Agreement Appendix "B" APPENDIX C APPLICATION FOR PERMIT Application Date: / /__ To: [Insert Address of Utility Permitting Department] Desire to: Attach to Utility Pole(s) Remove Attachment from Utility Pole(s) Permit No. Superseded Permit No. Number of Poles This Permit Sheet 1 of Licensee Name: Address: Contact Person: Title: Utility Contact Person: Title: Narrative Description of Proposed Activity: Phone Phone In accordance with the terms and conditions of the Interim Pole Attachment Licensing Agreement dated ., 2003, application is hereby made for a Permit to attach to and/or vacate Pole(s) in the locations detailed on the attached Route Map(s). Also, attached is documentation as required by Appendix F of the Interim Agreement. If applicable, the engineer's name, State of Texas registration number and phone number are: Name: Phone Registration No. Interim Pole Attachment License Agreement Appendix "C" Appendix C--Application for Permit Permission is hereby granted to Licensee to attach and/or vacate poles listed on the attached Field Data Summary Sheets, subject to payment of the necessary Make-Ready Work charges as set out by Utility and agreed to by the Licensee. SUBMITTED on this __ day of ,2003. LICENSEE By: Title: APPLICATION APPROVED/DISAPPROVED on this __ day of ,2003. UTILITY By: Title: SSOur Documents\Contracts\03\Interim Pole Attachment License Agreement-Appendix C Application for Permit.doc Interim Pole Attachment License Agreement Appendix "C" APPENDIX D SPECIFICATIONS FOR LICENSEE'S ATTACHMENTS TO UTILITY POLES Licensee, when making Attachments to Utility Poles, will adhere to the following engineering and construction practices. A. All Attachments shall be made in accordance with the Applicable Standards as defined in Paragraph 1.2 of this Interim Agreement. B. Clearances Attachment and Cable Clearances: Licensee's Attachments on Utility Poles, including metal attachment clamps and bolts, metal cross-arm supports, bolts and other equipment, must be attached so as to maintain the minimum separations specified in the National Electrical Safety Code ("NESC") and in drawings and specifications Utility may fi:om time to time furnish Licensee. (See Drawings A-01 to A-99.) e Service Drop Clearance: The parallel minimum separation between Utility's service drops and communications service drops shall be twelve (12) inches, and the crossover separation between the drops shall be twenty-four (24) inches. (See Drawings A-06 and A-07.) ..S. ag and Mid-Span Clearances: Licensee will be particularly careful to leave proper sag in its lines and cables and shall observe the established sag of power line conductors and other cables so that minimum clearances are (a) achieved at poles located on both ends of the span; and (b) retained throughout the span. At mid-span, a minimum of twelve (12) inches of separation must be maintained between any other cables. At the pole support, a twelve (12) inch separation must be maintained between Licensee and any other communications connection/attachment. (See Drawing A-07.) Vertical Risers: All Risers, including those providing 120/240 volt power for Licensee's equipment enclosure, shall be placed on the quarter faces of the Pole and must be installed in conduit with weatherhead attached to the Pole with stand- off brackets. A two (2) inch clearance in any direction from cable, bolts, clamps, metal supports and other equipment shall be maintained. (,See Drawings A-02 and A-05.) Interim Pole Attachment License Agreement Appendix "D" Appendix D--Specifications for Licensee's A~tachments to Utility Poles o Climbin~ Space: A clear Climbing Space must be maintained at all times on the face of the Pole. All Attachments must be placed so as to allow and maintain a clear and proper Climbing Space on the face of the Utility Pole. Licensee's cable/wire Attachments shall be placed on the same side of the Pole as those of other Attaching Entities. In general, all other Attachments and Risers should be placed on Pole quarter faces. (See Drawing A-08.) 6. Pedestals and Enclosures: Every effort should be made to install Pedestals, vaults and/or Enclosures a minimum of four (4) feet from Poles or other Utility Facilities. C. Down Guys and Anchors 1. Licensee shall be responsible for procuring and installing all anchors and guy wires to support the additional stress placed on the Utility's Poles by Licensee's Attachments. Anchors must be guyed adequately. Anchors and guy wires must be installed on each Utility Pole where an angle or a dead-end occurs. Licensee shall make guy attachments to Poles at or below its cable Attachment. No proposed anchor can be within four (4) feet of an existing anchor without written consent of Utility. 3. Licensee may not attach guy wires to the anchors of Utility or third-party user without the anchor owner's specific prior written consent. No Attachment may be installed on a Utility Pole until all required guys and anchors are installed. No Attachment may be modified, added to or relocated in such a way as will materially increase the stress or loading on Utility Poles until all required guys and anchors are installed. Licensee's down guys, if needed, shall be bonded to ground wires of Utility's Pole. The connections to the system neutral are to be made by the utility as an item of Make-Ready Work. Utility will determine if guys should be grounded or insulated. D. Certification of Licensee's Des,gm Licensee's Attachment Permit application must be signed and sealed by a professional engineer, registered in the State of Texas, certifying that Licensee's aerial cable design fully complies with the NESC and Utility's Construction Standards and any other applicable federal, state or local codes and/or requirements. Interim Pole Attachment License Agreement Appendix "D" Appendix D--Specifications for Licensee's Attachments to Utility Poles This certification shall include the confirmation that the design is in accordance with pole strength requirements of the NESC, taking into account the effects of Utility's Facilities and other Attaching Entities' facilities that exist on the Poles without regard to the condition of the existing facilities. E. Miscellaneous Requirements 1. Cable Bonding: Licensee's messenger cable shall be bonded to Utility's Pole ground wire at each Pole that has a ground wire. If no ground exists on a Pole, Licensee shall install a Pole ground in accordance with the attached detail drawing. (See Drawings A-03 to A-05.) 2. Customer Premises: Licensee's service drop into customer premises shall be protected as required by the most current edition of the NEC. Communication Cables: All Communications cables/wires not owned by Utility shall be attached within the Communications space that is located 40 inches below the lowest Utility conductors. (See Drawings A-01 through A-99.) Riser Installations: All Licensee's Riser installations shall be in utility-approved conduit materials and placed on stand-off brackets. Ground wires may be attached directly to Pole. (See Drawings A-02 to A-05.) Utility Construction Drawings and Specifications I. Refer to the attached Utility Construction Drawings, and obtain additional construction specifications from Utility in accordance with its requirements. 2. Apply the Utility's construction drawings and specifications in accordance with the NESC, NEC and any other federal, state or local code requirements. S:\Our Documents\Contracts\03\Interim Pole Attachment License Agreement-Appendix D Specifications for Pole Attachments.doc Interim Pole Attachment License Agreement Appendix "D" APPENDIX E DISTRIBUTION LINE MINIMUM DESIGN REVIEW INFORMATION AND SUGGESTED WORKSHEET The following guidelines are provided, and corresponding information must be submitted with each Permit application for Pole Attachments on Utility's system. Utility may direct that certain Attachments do not require the submittal of Design Review Information. These Attachments are noted at the end of this section. Each Permit application must include a report from a professional engineer registered to practice in the State of Texas, and experienced in electric utility system design, or a utility-approved employee or contractor of Licensee. This report must clearly identify the proposed construction and must verify that the Attachments proposed will maintain Utility's compliance with NESC Class B construction for the loading district as outlined in the NESC Section 25. Utility may or may not require that all of the following information be submitted at the time of the Permit application. The applicant shall have performed all required calculations and be ready to provide the detailed information below within fifteen (15) calendar days of notice. Applicant shall keep copies of the engineering data available for a period of twenty (20) years. In determining compliance, the following minimum conditions shall be used in the calculations for pole strength: All single-phase lines shall be assumed to have been reconductored to No. 2 ACSR conductor, Code Name Sparrate, for both phase and neutral. If a larger conductor size exists, the larger size shall be used in the calculations. All three-phase lines shall be assumed to have been reconductored to 556 AAC Code Name Mistletoe conductor for three (3) phases and neutral. If existing conductors are larger thm~ 4/0 AWG ACSR, the larger size shall be used in the calculations. 3. All pole lines shall assume a secondary/service conductor, installed from pole to pole, of g4/0 AWG triplex cable, with an ACSR messenger. 4. For pole strength calculations, all poles shall be as they actually exist, or be considered Class 4 for calculations. 5. All line angles or dead ends shall be guyed and anchored. Transverse pole strength shall not be assigned to attaching pole users for line angles, i.e., pole should be Interim Pole Attachment License Agreement Appendix "E" Appendix E--Distribution Line Minimum Design Review Information and Suggested Worksheet viewed as being void of other cables, conductors, wires or guys and considering only the applicant's wires/cables for guying calculations. 6. Points of attachment shall be as they actually exist on the poles. 7. For a Utility-approved joint use of anchors, the Licensee shall utilize guy insulators in its guys. Lessee shall comply with any NESC and/or Utility safety factors, whichever is more conservative, in their designs. The engineer for the Permit applicant shall provide for each application the following confirmations: Reqnired permits that have been obtained (insert n/a if not applicable): (y/n) U.S. Corp of Engineers. (y/n) Highway--state, county, city. (y/n) Railroad. (y/n) Local zoning boards, town boards, etc. (y/n) Joint use permits, if required. (y/n) Notified other pote users of contacts or crossings. Confirm that you have: (y/n) Obtained appropriate franchise(s). (y/n) Obtained pole/anchor easements from land owners. (y/n) Obtained crossing and overhang permits. (y/n) Obtained permit to survey R/W. (y/n) Completed State of Texas Department of Transportation requirements. (y/n) Placed permit number on plans. (y/n) Complied with applicable Underground Facility Location requirements. (y/n) Included sag/tension data on proposed cable. Calculations are based upon the latest edition of the NESC and the latest editions of the requirements of the State of Texas. Interim Agreement Pole Attachment License Append/x "E" Appendix E--Distribution Line Minimum Design Review information and Suggested Worksheet It is Licensee's responsibility to obtain ail necessary permits and provide the Utility with a copy of each. The engineer for the following information: Project ID Pole number Pole class Pole size Pole type Pole fore span Pole back span Calculated bending moment at ground level Existing: Power phase condition Power neutral condition Power sec condition Permit applicant shall provide for each Pole(s) the [if pole tag missing, contact Utility] [existing--i.e., 4, 3, 2...] [existing--i.e., 35, 40...] [Southern Yellow Pine, Douglas Fir...] [feet] [feet] [fi-tbs] quantity of CU/AA/ACSR ~ quantity of CU/ A/ACSi¢ @. quantity of CU/AA/ACSR ~ Telco #1 cables qty of alia @ CATV #2 cables qty of dia@ User #3 cables qty of dia ~ User #4 cables qty of dia ~ User #5 cables qty of dia ~ User #6 cables qty of dia ~ Proposed: Proposed cables qty of dia @ AWG/MCM feet above ground line AWG/MCM feet above ground line AWG/MCM feet above ground line ft above ground line ft above ground line ft above ground line ft above ground line ft above ground line it above ground line ft above ground line Interim Pole Attachment License Agreement Appendix "E" Appendix E--Distribution Line Minimum Design Review Information and Suggested Worksheet Proposed cables qty of dia @ ft above ground line AGL = Above Ground Level The minimum vertical clearance under ail loading conditions measured from the proposed cable to ground level on each conductor span shall be stated above. Variations in topography resulting in ground elevation changes shall be considered when stating the minimum vertical clearance within a given span. Calculated pole bending moment at ground level: [fl-lbs] Pole breaking bending moment at ground level: __[ft-lbs] Calculated transverse safety factor: [ratio should be greater than 1.00] Proposed loading data [provide similar data for each cable proposed]: A. Weight data (cable and messenger) 1. Vertical weight, bare = [#/ft] B. Tension data (final tensions on messenger)-- I. NESC maximum load for area of construction: [lbs] 2. 60° F, NO wind: [lbs] Permit applicant's engineer shall provide for each transverse guy, or dead-end to which guys and/or anchors are attached, the following information: Pole number Calculated cable messenger tension under NESC maximum loading conditions If connection is: A dead end, is it a single or double? A change in tension, what is change? A line angle, what is angle change? What is tension change at angle? For each dead-end: Point of attachment for guy hook [lbs] [S, D] [lbs] [degrees] [lbs] [feet AGL] Interim Agreement Pole Attachment License Appendix "E" Anchor distance from pole Calculated guy tension Rated guy working strength For each change in tension: Point of attachment for guy hook Anchor distance from pole Calculated guy tension Rated guy working strength For each line angle: Point of attachment for guy hook Anchor distance from pole Calculated guy tension Rated guy working strength For each anchor: Anchor distance to nearest anchor Calculated anchor tension Rated anchor strength Soil composition Appendix E--Distribution Line Minimum Design Review Information and Suggested Worksheet [feet] [lbs] [lbs] [feet AGL] [feet] [lbs] [lbs] [feet AGL] [feet] [lbs] [lbs] [feet] [lbs] [lbs] [sandy, loam, clay, rock] S:\Our Documents\Contmcts\03\Interim Pole Attachment License Agreement-Appendix E Minimum Design Review & Worksheet.doc Interim Pole Attachment License Agreement Appendix "E" APPENDIX F--FIELD DATA SUMMARY SHEET INSTRUCTIONS Column Instructions Municipal Pole Number .................. If a Pole stencil is not in place, it may be left for Utility if the accompanying sketch is adequate to determine the Location. Communication Company's ............ This must correspond with the plan sheet or Plan Sheet Pole Number Pole Sketch Pole identification number. Pole Height and Class ...................... List the present Pole height and class and list the proposed Pole height and class if it is necessary for Utility to replace the Pole for clearance, etc. Guy Attachments .............................. All unbalanced loading on Poles must be guyed. Attachments to Utility's anchors will not be allowed. Attachment Height ........................... communications Company attachment height above ground ieveI. List guy lead in feet. Inches Below Municipal .................. The number of inches Communications Company is to be attached below Utility while maintaining clearance as required in Item//4. Span Length ...................................... List the back span length for each attachment. Inches Sag ......................................... List the messenger sag for the design listed on the cover sheet at 60 degrees Fahrenheit. Ground Clearance ............................ List the ground clearance at the low point of the back span. Must not be less than the National Electrical Safety Code (latest edition). S:\Our Documents\Contracts\03\lnterim Pole Attachment License Agreement-Appendix F Field Data Summary Sheet Instructions.doc Interim Pole Attachment License Agreement Appendix "F" EXHIBIT C (Pages Exhibit-24) SCALE : NTS DENTON 1SD DATE: 04/2'7/04 ~(J~l' Ut. iJi~ ~11~.~1"i1~, .J. Iig. SHEET NUI~BER: ,,.,.~ ,.,--. ~ ,-- ,, ,:---,-- FIBER OPTIC CABLE ROUTE INDEX N GINNI ELEM EVERS PARK ELEM SEE SMEET 05 SCALE :1" = 800' DENTON 1SD OATE: 04/27/04 FIBER OPTIC CABLE ROUTE 01 NATATORIUM / N CITY LIMITS SEE SHEET 06 ~ SCALE :1" = 800' DENTON 1SD OATE: der Utiliv ~eerin~ Inc. =:::::::~::: ':,..,..~.-*~ FIBER OPTIC CABLE ROUTE 02 N CITY LIMITS HODGE ELEg SEE SHEET 07 i ~' ~'-' SCALE : 1" = 800' ~ DENTON 1SD OATE: {~ ~rUtilit~ ~ Inc. SHEET HUMBER: ~.*~~,.-,~ '" FIBER OPTIC CABLE ROUTE 03 NEWTON RAYZOR ~LEM SEE SHEET 08 SCALE :1" = 800' DENTON ISD OATE: 04~27/04 SHEET NUMBER: FIBER OPTIC CABLE ROUTE 04 SEE SHEET 01 5TRICKLAND MIDDLE SEE SHEET 09 - ~ "' SCALE :1" = 800' DENTON 1SD rATE: 04/27/04 ,.*.--,.,--~~~*~ FIBER OPTIC CABLE ROUTE 05 LSON M SEE SHEET 02 --MM SEE SHEET 10 SCALE :1" = 800' DENTON 1SD DATE: 04/~7/04 FIBER OPTIC CABLE ROUTE 06 SEE SHEET 03 CITY LIMITS SEE SHEET 11 --"~!) SCALE : 1" : 800" "-~' DENTON ISD DATE: 04/27/04 ::' '-: ;':~~,~;~'~ FIBER OPTIC CABLE ROUTE 07 SEE SHEET 04 '.pENTON SEE SHEET 12 ,:~ SCALE : 1" = 800' ~ DENTON 1SD DATE: 04/27/04 A.~:x~i~.(;k'l' Ut. ili~ ~lil~,, ].D.c. SHEET .U.BER.' ~,..m~,~~~~-,o----. FIBER OPTIC CABLE ROUTE 08 SEE SHEET 05 SEE SHEET 13 Ti~ SCALE :1" = 800' DENTON lSD DATE: 04/27/04 : .... :. .-:_.-__r -- ,,-,, .-. FIBER OPTIC CABLE ROUTE 09 SEE SHEET 06 WINDLE ELEM SEE SHEET 14 '-~' DENTON ISD DATE: 04/~7/04 : ..... : ~_ ....... :: ,-- FIBER OPTIC CABLE ROUTE 10 SEE SHEET 07 lq I CENTE Y RYAN' SEE SHEET 15 SCALE :1" = 800' DENTON lSD DATE: 04/27/04 SHEET NUMBER: ROUTE SEE N EL ?'~i~ SCALE :1" = 800' ~'~ DENTON 1SD OATE: 04/27/04 ~~~~,~ FIBER OPTIC CABLE ROUTE 12 SEE SHEET 09 PROPOSED PRIVATE EASEMENT McMATH MIDDLE SEE SHEET 16 SCALE :1" = 800' DENTON 1SD O^TE: O,~Z~TzO~ FIBER OPTIC CABLE ROUTE 1~ SEE SHEET N SEE SHEET 17 SCALE :1' = 800' DENTON lSD DATE: 04/27/04 (~~ FIBER OPTIC C,4BLE ROUTE S.EET ,U.,~ER.' 14 SEE 11 EATMENT PLANT RD FOST SEE SHEET 18 SCALE :1" = 800' DENTON ISD 0ATE: O4~27~04 ,,,..~..,~..~--,~ .~ FIBER OPTIC CABLE ROUTE 1 5 SEE SHEET 13 CITY PARK CITY PARK CITY PARK SEE SHEET 20 , :Y~ SCALE :1" = 800' "~ DENTON 1SD ""~~"-*~ :::~ FIBER OPTIC CABLE ROUTE 1 6 SEE SHEET N HOI TON EM SEE SHEET 21 SCALE : 1 = # 800' DENTON 1SD DATE: 04/27/04 ((~)~.u_~~.~. FIBER OPTIC C~tBLE ROUTE SHEET NUMBER.' 17 SEE SHEET 15 N EDWARDS SEE SHEET 22 -7-.~:~i~ SCALE :1" = 800' ~'"~ DENTON ISD OATE: 04/27/04 SHEET NU~ER: 18 , .,.u,, ,, ,,,,, ~ ]~, N SCALE : 1 : 800' DENTON ISD OATE: SHEET NUMBER= 19 N R iM SEE SHEET 23 SCALE ;1" = 800' DENTON 1SD DATE: 04/27/04 ~~ FIBER OPTIC C,4BLE ROUTE S.EET NUI~IBER ;2 0 :") i E LJlIIIIIIIIIIj,~ ~N SEE SHEET 24 SCALE :1" = 800' DENTON 1SD DATE: 0',/27/04 FIBER OPTIC CABLE ROUTE SHEET NUMBER: 21 .... ~ ............................... ~!:t'~!:;: CROWNOVER MIDDLE SCALE :1" = 800' DENTON 1SD DATE, FIBER OPTIC CABLE ROUTE SHEET NU~ER= 22 McNA I R ELEM DENTON ISD FIBER oPTIC CABLE ROUTE SCALE :1" = 800' DATE: 04/27/04 SHEET I~q~II)ER: FIBER DENTON ISD OPTIC CABLE ROUTE SCALE :1" = 800' DATE: 04/27/04 SHEET NUMBER: 24 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET July 20, 2004 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT A04-0001 (Longhorn Development) Consider adoption of an ordinance on second reading to voluntarily annex 63.32 acres of land generally located west of Swisher Road, and north of Edwards Road in the eastern section of the City of Denton Extraterritorial Jurisdiction (ET J). The Planning and Zoning Commission recommends approval (4-0). (Longhorn Development Annexation, A04-0001) BACKGROUND Applicant: One Longhorn Land, LP Dallas, TX The applicant, One Longhorn Land, LP, has petitioned for the voluntary annexation of approximately 63.32 acres of land into the City. The 63.32 acres to be annexed will be part of a larger development (88.2 acres) consisting of multi-family development and golf course. The applicant has also submitted a zoning change application to rezone the entire tract proposed for development to the NRMU-12 zoning district (Z04-0002). The City Council held public hearings for the annexation on May 4, 2004 and May 18, 2004. The Planning and Zoning Commission held a public hearing for the annexation on May 26, 2004 and recommended approval (4-0). The Planning and Zoning Commission held a public hearing for the zoning on June 23, 2004 and recommended approval (6-0). OPTIONS 1. Proceed with annexation as presented. 2. Proceed with annexation with changes. 3. Discontinue annexation process. RECOMMENDATION The Planning and Zoning Commission recommends approval of the annexation petition. (4-0, Johnson and Roy absent). ESTIMATED PROJECT SCHEDULE The annexation process will be completed by July 20, 2004 (see Attachment 3). PRIOR ACTION/REVIEW Application Date 1 st CC Public Hearing 2nd CC Public Hearing P&Z Public Hearing 1 st Reading of Ordinance P&Z Public Hearing (Zoning) January 13, 2004 May 4, 2004 May 18, 2004 May 26, 2004 June 8, 2004 June 23, 2004 FISCAL INFORMATION Annexation and development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibility of the city. ATTACHMENTS 1. Location Map 2. Public Notification (Property Owner Notification Map and Property Owner Responses) 3. Annexation Schedule 4. Planning and Zoning Commission Minutes - Annexation (May 26, 2004) 5. Draft Annexation Ordinance Prepared by: Stephen A. Cook, AICP Planning Policy Coordinator Respectfully submitted: Kelly Carpenter, AICP Planning and Development Director ATTACHMENT 1 Location Map A04-0001 (Longhorn Development) NORTH City of Denton SITE City of Denton City of Denton LOCATION MAP Scale: None ATTACHMENT 2 Public Notification NORTH Notification Map 500 City o'~ Benton City of Denton Public Notification Date: April 23, 2004 200' Legal Notices* sent via Certified Mail: 500' Courtesy Notices* sent via 1st Class Mail: Number of responses to 200' Legal Notice · In Opposition: 0 · In Favor: 0 · Neutral: 0 2 11 Scale: None *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 4 Property Owner Responses Property Owner Name In favor and Address /Opposed* Comments *A copy of the original notice can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ATTACHMENT 3 ANNEXATION SCHEDULE A04-0001 Longhorn Development Tuesday, 05/04/2004 Tuesday, 05/18/2004 Wednesday, 05~6/2004 Wednesday, 06~3/2004 Tuesday, 06/08/2004 Tuesday, 07/20/2004 City Council conducts first public hearin.q. · Public notice must be no less than 10 days and no more than 20 days before public hearing. [] Annexation Study prepared and available for public review. [] Service Plan prepared and available for public review. City Council conducts second public hearin.q. · Public notice must be no less than 10 days and no more than 20 days before public hearing. Planning and Zoning Commission public hearing - make a recommendation to City Council regarding the proposed annexation. Planning and Zoning Commission public hearing - make a recommendation to City Council regarding the proposed zoninq. City Council by a four-fifths vote institutes annexation proceedings. First readinq of annexation ordinance. · Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. City Council by a four-fifths vote takes final action. Second readinq and adoption of the annexation ordinance. City Council considers approval of zoning request. · Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes annexation proceedings (adopts ordinance on 1st reading). 6 Planning and Zoning Commission May 26, 2004 Page 2 of 3 Section 35.20.2 (H.1.) of the Code of Ordinance concerning easements and right of ways and Section 35.21.4(A) of the Code of Ordinances relating to easement requirements. (V04-0013 and V04-0015, La Hacienda Heights, Kevin Roberts) Final Plat of Block A, Lots 1 through 9; Block B, Lots 1 through 8; and Block C, Lots 1 through 13 of the Old North Park Subdivision. The approximately 5.0 acre site is generally located north of University Drive (U.S. 380), south of Foxcroft Circle, and west of Old North Road. The property is in a Neighborhood Residential 6 (NR-6) zoning district. A subdivision of 30 single-family residential lots is proposed. (FP03-0036, Old North Park, Deborah Viera) Final Plat of Lot 1, Blocks A & B of the Exchange at North Texas. The approximately 14.6 acre site is within a Downtown Commercial Neighborhood (DC-N) zoning district. The property is located south of Collins Road, on the west side of Fort Worth Drive. (FP04-0016, Exchange at North Texas, Chris Fuller) Commissioner Holt moved to approve the consent agenda, Commissioner Strange seconded (*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes (Page 6-7). Motion carried 4-0 5 PUBLIC HEARINGS: Hold public hearings and consider making a recommendation to City Council on the following items: located west of Swisher Road, and north of Edwards Road in the eastern section of the City of Denton Extraterritorial Jurisdiction (ET J). A multi-family development with a golf course is proposed. (A04-0001, Longhorn Development Annexation, Stephen Cook) C o mmis s! o n e r s t ran g e m o ve d[ 0ap p roy 5 A, C o mm!5 s! o n9 [Walk! n s *D1 1 n fit mi in 1 lnth rtR rt r' ( i~c~iQ Q i ~ i~ i ~d~di ~ epo e stranscript attachedto this set of minutes age8 !eg ig[~g[iQnally blank) (Page 9-11). Motion carried 4-0 B. Amendment to the Concept Plan and a Detailed Plan for approximately 6.5 acres within Planned Development 176 (PD-176). The property is generally located 1,600 feet east of Teasley Lane and 2,100 feet south of Robinson Road. One (1) gas well site is proposed. (Z04-0008, Wheeler Ranch Unit, Deborah Viera) Commissioner Watkins moved to deny 5B, Commissioner Strange seconded. (*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes (Page 11-35). Motion carried 2-2, Holt and Powell in opposition. CondenscltTM 11 12 13 14 15 16 17 t8 19 20 21 22 23 24 25 Page 9 COMMISSIONER POWELL: we will go to Item 5, public hearings. Hold public hearings and consider making a reconunendation to City Council on the following items. If staff could give us assistance on getting thos~ people out in the hallway, I would appreciate it. Item Number SA, voluntary 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 Denton ETJ. Mr. Cook. ma. cooK: ?hank you, Mr. Vice-Chair and Co~mnissioners. Steven Cook, Planning Policy Coordinator with tile Planning Deparunent. The 804001 is a voluntary annexation at the exu'eme north end of Swisher Road on the 1 2 3 4 5 6 7 8 9 10 1i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 i 2 3 4 5 6 7 8 9 10 11 t2 13 14 east side of Denton. The site as stated in the minutes is a 63.32 acres of a larger 88 acm tract. The remainder of the tract is actually inside the City lhnits and was annexed in i984. The remainder of the tract is currently zoned NR-4. ~'he zoning portion of this case will be brought forward to the Conmfission at your June 23rd meeting. The -- as to State annexation laws, this annexation process has akeady begun. As the City Council has already held two public hearings previous ~o this meeting. COMMISSIONER POWELL: I don t think your mike is on, sir. COMMmmO~nR STV~4a~: t woutd move approval of A-04-0001. COMMISSIONER POWELL: Thank you. And thee Mr. Watkins. COMMISSIONER WATKINS: second. COMMISSIONER POWELL: Mr, Watkins is seconding that. Any other discussion7 We'll call for a vote on 5A. Motion passes -- 5A passes on a vote of four to of those p=ent. I~n 5B, amenchnent to the Concept Plan and 15 16 17 18 19 20 21 22 23 24 25 Page 10 The final meeting of the City Council to -- regarding this tract and its annexation will occur on July 20th. I do not believe that the applicant is here this evening. And with that I also am available for any questions. COMMISSIONER POWELL: Thank you, sir. l don't believe I officially opened the public hearing. So I will do that now, make it official and ask if them is anyone here to speak on this issue. Do we have any cards on this issue, sir? There are no cards. Is there anyone in the audience that would like to speak for the issue,- Item 5A? Anyone in thc audience like to speak for? 12 Anybody would like to speak against? We have no one k 13 the audience to speak for or against the issue. The 14 developer is not hem. Is them any cmmnents at this 1 $ stage from our -- from my fellow cormnissioners? I don't 16 have any~ I guess I'd be looking for a motion of some 17 sort. 18 MS. PALUMBO: YOU need to close the public 19 hearing. 20 COMMISSIONER POWELL: I apologize. I can't 21 do that until I close the public hearing which I'm going 22 to do right now. Thank you, Ms. Dottie. The public 23 hearing is officially closed. And then I will ask for a !24 a detailed plan for approximately 6.5 acres within Planned Development 176, eD 176. ,he property is generally located 1,600 feet east of Teasley Lane and 2,100 feet south of Robinson Road. One gas well site is proposed. Ms. Viera. MS. VIERA: GOOd evening, Cmnmission, Vice-Chair. This request have a two-fold purpose. The first purpose is to amend the Concept Plan to allow the gas well drilling and operation as a permitted use within f'I>176. The second purpose is to approve a detailed plam In 1999, file City rezoned the subject site as a PD-£76 1 2 3 4 5 6 7 8 9 10 11 Page 12 including approximately 168 acres. At that time, the underlying zoning for that specific site was co~nmercial with all of the permitted uses under the conunercial category. However, gas well operations were not included at that time. The site is 6.5 acres bounded by Noland Road along the east side and south side and by 150 feet overhead transmission tine running southwest. Itl thc future, the proposed VM 2499 wii1 be limiting the cast boundary. At this point the alignment of Noland Road is not known. The proposed pad site is at least 250 feet away from the future Willow Ridge Phase 3 Subdivision located to the north. And it is 500 feet away from the existing Oakmont subdivision located to the east. The applicant has agreed to abide by the hours of operation for the gas drilling as stated in subchapter 22 of the Development Code, have agreed to keep a minimum separation of 200 feet from any residence, and have proposed an eight-foot fence, opaque fence surrounding the drilling site with some vegetation to screen the fence. The existing gas well operation is in compliance with the Denton Plan about enviromnental concerns and safety. And staff finds that the proposed development is in compliance with the Development..Co..de... ......... PLANNING AND ZONING MAY 26TH, 2004 MINUTES Page 9 - Page 12 S :\Our Documents\Ordinan¢¢s\04~A04 -0001 .DOC ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 63.32 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED WEST OF SWISHER ROAD AND NORTH OF EDWARDS ROAD, IN THE EASTERN SECTION OF TIlE CITY OF DENTON EXTRATERRITORIAL JURISDICTION IN THE GDEON WALKER SURVEY, ABSTRACT NO. 1330, DENTON COUNTY TEXAS, BEING A PORTION OF THAT CERTAIN CALLED 88 ACRE TRACT OF LAND CONVEYED TO BONNIE E. COON-RON AND WIFE MARY LOU COONROD AS RECORDED IN VOLUME 432, PAGE 194, DEED RECORDS OF DENTON COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVDING A SEVERABILITY CLAUSE; AND PROVDING AN EFFECTIVE DATE. (A04-0001) WHEREAS, on or about January 13, 2003, the property owner, Bonnie E. Coom'od (the "Petitioner") petitioned for voluntary annexation of approximately 55.2 acres of real property located in the extraterritorial jurisdiction of the City of Denton, Texas; and WHEREAS, on or about April 14, 2004 the Petitioner increased the size of the area to be annexed to approximately 63.32 acres of land as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, on or about May 26, 2004, the Planning and Zoning Commission recommended approval of the annexation; and WHEREAS, the City Council finds that the Property contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; and WHEREAS, this annexation is voluntary and is being made under Subchapter C-1 of Chapter 43 of the Texas Local Government Code; and WHEREAS, the City Council finds that all required notices were given in the time and manner required by law; and WHEREAS, public heatings before the City Council were held in the Council Chambers on May 4, 2004, and May 18, 2004, (both days being on or after the 20th day but before the 40th day of the date of the institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on June 8, 2004.;. and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on June 13, 2004, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; and WHEREAS, the City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Property is hereby annexed to the City of Denton, Texas. SECTION 3. The service plan, a copy of which is attached hereto and made a part hereof by reference as Exhibit "B" (the "Service Plan") which provides for the extension of mnnicipal services to the Property, is approved as part of this ordinance. The Service Plan was made available for public inspection and explanation to the inhabitants of the area being annexed at the above described public hearings. The Service Plan was consented to by the Petitioner. SECTION 4. Should any part of this ordinance be held illegal for any mason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton ail portions of the Property lawfully annexed regardless of whether any other part of the Property is declared not to be lawfully annexed into the City. If any part of the Property is akeady included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded fi:om the territory annexed as fully as if the excluded area were expressly described in this ordinance. SECTION 5: This ordinance 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: 2 EXHIBIT "A" All of certain tract of land lying and being situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being a portion of that certain called 88 acre tract of land conveyed to Bonnie E. Coonrod and wife Mary Lou Coonrod, recorded in Volume 432, Page 194, Deed Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point found for the northwest corner of a 4.19 acre tract of land conveyed to Bobby Coonrod, recorded in Volume 961, Page 348, Deed Records of Denton County, Texas, said point being in the north line of said 88 acre tract and being North 86 degrees 46 minutes 50 seconds West, 304.31 feet from the northeast corner of said 88 acre tract, said point being in the south line of the tract of land conveyed to the City of Denton, recorded in Volume 1177, Page 166, Deed Records of Denton County, Texas, and also being in the south line of the existing Denton city limits line established by Ordinance Number 83-18; THENCE South 02 degrees 30 minutes 20 seconds West, along the west line of said 4.19 acre tract, and through the interior of said 88 acre tract, a distance of 598.74 feet to a point for a corner, said point being the southwest corner of said 4.19 acre tract; THENCE South 86 degrees 34 minutes 09 seconds East, along the south line of said 88 acre tract, and said 4.19 acre tract, and through the interior of said 88 acre tract, a distance of 289.44 feet to a point for a corner, said point being in a fence line running north and south on the west line of Swisher Road; THENCE South 02 degrees 13 minutes 37 seconds West, through the interior of said 88 acre tract, and along the said fence line more or less, a distance of 296.76 feet to a point for a corner, said point being in the north line of a 1.06358 acre tract of land conveyed to Rhonda Burkhardt, recorded in Volume 5214, Page 2952, Deed Records of Denton County, Texas; THENCE North 87 degrees 35 minutes 54 seconds West, along the north line of said 1.06358 acre tract, and through the interior of said 88 acre tract, a distance of 288.25 feet to a point for a corner, said point being the northwest corner of said 1.06358 acre tract; THENCE South 02 degrees 28 minutes 11 seconds West, through the interior of said 88 acre tract, a distance of 303.97 feet to a point for a corner; THENCE South 87 degrees 35 minutes 54 seconds East, through the intedor of said 88 acre tract, a distance of 288.25 feet to a point for a comer in the west line of said Swisher Road, and being in said fence line running north and south more or less; THENCE South 02 degrees 28 minutes 11 seconds West, through the interior of said 88 acre tract, and along the west line of said Swisher Road, and along the said fence line 3 running north and south more or less, a distance of 379.42 feet to a point for a corner, said point being in north line where Swisher Road turns west; THENCE North 86 degrees 55 minutes 35 seconds West, along the north line of said Swisher Road, and more or less along a fence line running east and west, and through the interior of said 88 acre tract, a distance of 340.02 feet to a point for corner; THENCE South 02 degrees 28 minutes 11 seconds West, continuing through the interior of said 88 acre tract, a distance of 20.00 feet to a point for a corner, said point being in the south line of said 88 acre tract, same being the north line of a tract of land conveyed to John M. Devries, recorded in Volume 4792, Page 458, Deed Records of Denton County, Texas, said point being in the north line of the existing Denton City limits line established by Ordinance Number 84-17 tract III; THENCE North 86 degrees 55 minutes 35 seconds West, along the south line of said 88 acre tract, a distance of 1388.82 feet to a point for a corner; THENCE North 87 degrees 23 minutes 12 seconds West, continuing along the south line of said 88 acre tract, and along the north line of said Ordinance Number 84-17 Tract III, a distance of 159.82 feet to a point for a corner, said point being an interior comer of said Ordinance Number 84-17 Tract I11; THENCE North 02 degrees 26 minutes 20 seconds East, through the interior of said 88 acre tract, and along the easterly line of said Ordinance Number 84-17 Tract III, a distance of 1606.05 feet to a point for a corner, and being the northeast corner of said Ordinance Number 84-17 Tract Iii, and the south line of said Ordinance Number 83-18; THENCE South 86 degrees 46 minutes 50 seconds East, along the common line of said 88 acre tract, and a tract of land conveyed to the City of Denton, recorded in Volume 1177, Page 166, Deed Records of Denton County, Texas, and the south line of said Ordinance Number 83-18, a distance of 1599.28 feet to the POINT OF BEGINNING and containing 2,758,252 square feet or 63.32 acres of land. 4 LOCATION MAP 5 EXHIBIT "B" CITY OF DENTON DRAFT SERVICE PLAN FOR A04-0001 (Longhorn Development) I. AREA ANNEXED The annexation area is located in the northern portion of Denton's Extraterritorial Jurisdiction and contains approximately 63.32 acres generally located west of Swisher Road and north of Edwards Road. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021, 43.065, and 43.065Co)-(o) (Vernon 1999, as mended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES Ae Police Protection, Code Enforcement, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing persmmel and equipment. If annexed and developed as proposed, additional personnel and equipment will not needed. Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation. Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation. The estimated emergency response time in this area is 12 minutes, which is similar to responses for surrounding properties within the city limits. The City of Denton will provide emergency medical services ("EMS"). Cm Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County shall be maintained by the City of Denton on the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic control devices will be maintained by the City of Denton on the effective date of the annexation. 6 Parks and Recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan. No parks are currently located within the proposed annexation area. Denton neighborhood park facilities are located within reasonably close distance of the proposed annexation area. Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs. Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maintained throughout the city. Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. Both services are provided on a "cost recovery" basis, and permit fees offset the costs of services delivered. Incomplete construction must obtain building permits from the Building Inspections Department of the City of Denton. Planning and Development Services Planning and development services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of Denton Development Code, Chapter 35 of the Code of Ordinances, concerning subdivision and land development regulations. City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tracts contain Neighborhood Centers and 100 year Floodplain/Environmentally Sensitive Areas. The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as environmental and open space corridors. The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed. IV. UTILITY (RATEPAYER) SERVICES Solid Waste Collection The City of Denton is the exclusive residential and commercial Solid Waste service provider within Denton's city limits. The City Ordinance requires Solid Waste services for all residences and commercial businesses located in the City. The City of Denton Solid Waste Department is fully funded through the service fees charged, and receives no funding from city tax revenues. Solid waste refuse collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. To request Solid Waste collection services, please telephone the City of Denton Customer Service Department at 940-349-8210 and submit an application to initiate service. To obtain City of Denton Solid Waste schedule, service, and rate information, please telephone the Solid Waste Customer Relations office at 940- 349-8787. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Relations prior to being provided services. Commercial Services Multi-family living units and the golf course facilities are provided solid waste collection services using commercial containers. Containers are available in a variety of sizes utilizing both front load and roll off service. Collection frequencies will be established based on the container size selected and the waste volume generated. The most economical service is obtained by requesting the largest container available for the .area, with the least mount of collection services possible. All refuse placed in the container for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the container with the lid closed will not be collected. Refuse placed outside the container is subject to code enforcement regulations, including potential fines. Commercial recycling services may be available for specific volumes and types of materials. Please contact the Solid Waste Recycling Division at 940-349-8054 to discuss the potential for the City to provide commercial recycling services and to obtain recycling rate information. The construction and service requirements provided in the Denton Development Plan apply for alt new development. For specific solid waste questions concerning commercial services or construction issues, please contact the Solid Waste Department at 940-349-8069. 8 Landfill Service The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For disposal information and rates, please contact the Landfill Office at 940-349- 7510. B. WaterfWastewater Facilities The area iies within the City of Denton's Certificate of Convenience and Necessity (CCN) service area for both water and wastewater service. The nearest available water lines that could be extended by the developer to serve the property are an 12" waterline under construction approximately 2000 feet south of the southern property line of the proposed annexation. Parallel 21" and 24" sewer mains are approximately 260' - 360' northwest/north of the northwest property comer. Computer modeling of the wastewater system will provide the means necessary to accommodate ail of the wastewater flows in the existing sewer system downstream of the development. Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will begin upon the effective date of the annexation using existing personnel and equipment. The City shall provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infi:astmcture, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. C. Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City shall provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. D. Electrical Services Denton Municipal Electric is certified by the State and is obligated to provide electric utility service to the annexation area should a request be made by a property owner. Electric utility service will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. Denton Municipal Electric is the current electric service provider for this site. VI. VI. VII. OTHER SERVICES Other services that may be provided by the City, such as municipal and general administration will be made available on the effective date of the annexation. The City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services equal to other areas witkin the City having similar characteristics of topography, land use, and population density. Thus, no construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 ½) years after the effective date of the annexation. The City shall consider construction of other public improvements as the needs dictate on the same basis as such public improvements are considered throughout the City for areas having similar characteristics of topography, land use, and population density. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. AMENDMENTS The service ptan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056 (Vernon Supp. 2000). PETITIONER HEREBY CONSENTS TO THE ABOVE SERVICE PLAN Borme E. Coonrod Date: l0 AGENDA INFORMATION SHEET AGENDA DATE: July 20, 2004 DEPARTMENT: Treasury ACM: Kathy DuBose SUBJECT Consider approval of a Resolution of the City of Demon, Texas, approving the acquisition of real property by the Demon Cemral Appraisal District commonly known as 3901 Morse Street, Denton, Texas 76208; and providing an effective date. BACKGROUND Denton County has experienced substantial growth as demonstrated by the increase in population, new homes, retail businesses and a variety of industries. The Appraisal District has been affected by this growth with increases in phone calls, walk-in traffic, fieldwork and overall operations. In response to help meet this demand, the district has added some employees and office space. However, the demand for space continues to grow for customers that walk in and especially for the Appraisal Review Board's (ARB) protest hearings. The Appraisal District Board has reviewed several options that provide a long-term solution. One option is for the Appraisal District to move out of its current location at 3911 Morse to a larger building. Another option, with an estimated cost of approximately $1,245,600, is to purchase land and construct another building in the immediate area of Morse Street. The District concluded that these options were not the best use of funds. Therefore, the District is proposing to purchase an existing improved site located at 3901 Morse for $865,000. This site is improved with 15,000 square feet and is in the immediate vicinity (two doors west) of the existing Appraisal District office. The purchase of this site will allow meeting space for the ARB hearings and additional office space for staff. In order to proceed with this plan, the District requests the support and approval of the taxing jurisdictions. The Tax Code requires at least 75% of all taxing emities' approval. If any taxing jurisdiction abstains from approving the plan, it is considered a "no" vote according to the Tax Code. Furthermore, taxing entities must provide a resolution approving the proposal within 30 days upon receipt of request, which was July 2, 2004. PRIOR ACTION/REVIEW .(Council, Boards, Commissions) On June 24, 2004, the Denton Central Appraisal District's Board of Directors approved a resolution proposing the purchase of the 3901 Morse site. FISCAL INFORMATION The District has sufficient funds allocated in their 2005 approved budget to pay for the cost of this project. Respectfully submitted: Diana Ortiz Director of Fiscal Operations RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE ACQUISITION OF REAL PROPERTY BY THE DENTON CENTRAL APPRAISAL DISTRICT COMMONLY KNOWN AS 3901 MORSE STREET, DENTON, TEXAS 76208; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 6.051, TEX. TAX CODE (the "Code") authorizes the Board of Directors of an appraisal district to purchase real property and improvements as necessary to establish and operate the appraisal office; and WHEREAS, the Board of Directors of the Demon Cemral Appraisal District ("District") have delivered a copy of their resolution to the City of Demon ("City") setting forth the District's proposal to purchase real property situated in Denton County, Texas, known as 3901 Morse Street, Demon, Texas 76208 (the "Property"), a copy of which is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, the Board of Directors of the District have also delivered to the City information showing the costs of available alternatives to purchase the Property, a copy which is attached hereto and made a part hereof as Exhibit "B"; and WHEREAS, the Code requires that an appraisal district's purchase of such real property and improvements be approved by three-fourths of the taxing units entitled to vote on the appointment of board members; and WHEREAS, the Code authorizes the following action; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The District's proposal to acquire the Property is hereby approved SECTION 2. 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: Page 2 EXHIBIT A STATE OF TEXAS COUNTY OF DENTON RESOLUTION OF THE DENTON CENTRAL APPRAISAL DISTRICT WHEREAS, § 6.051, TEX. TAX CODE authorizes the Board of Directors of an appraisal district to purchase or lease real property and construct or renovate a building or other improvements as necessary to establish and operate the appraisal office. WHEREAS, the Board of Directors of the Denton Central Appraisal District desires to purchase real property situated in Denton County, Texas, at 3901 Morse Street the purposes of operating its appraisal office thereon. WHEREAS, the referenced provisions of the Texas Property Tax Code authorize the following action: NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Denton Central Appraisal District · RESOLVED, that the Denton Central Appraisal District is authorized to purchase the real property and improvements located 3901 Morse Street, Denton County, Texas 76201. The offering price on the property is $ 865~000. · RESOLVED, that the Board of Directors of the Denton Central Appraisal District shall notify the presiding officer of each taxing unit entitled to vote on the approval of the proposal by delivering a copy of the board's resolution together with information showing the costs of other available alternatives to the proposal. · RESOLVED, that this Resolution is for purposes of obtaining the required approval of each taxing unit entitled to vote on the approval of the proposal and that the passage of this resolution does not constitute acceptance of any bids submitted by any entities in anticipation ofthe purchase of the property and construction of improvements thereon. RESOLVED, that Chairman of the Board of Directors of the Denton Central Appraisal District is hereby authorized to execute any necessary documents, agreements, or contracts to carry out the terms and conditions of this Resolution. PASSED, APPROVED, AND ADOPTED this cQ~//'~ day of ~ , 2004. ATTEST: CHAIRMAN OF THE BOARD OF DIRECTORS Denton Central Appraisal District EXHIBIT B ALTERNATIVES TO PURCHASE Denton CAD is proposing to purchase 3901 Morse Street, Denton, Texas 76208. This site is improved with a 15,000 + square foot building and is in the vicinity of the Denton CAD facility at 3911 Morse St. Alternative I - Moving out of 3911 Morse Street to a larger building No other properties were reviewed. Continuing at the current address and the central location of the property were the primary reasons. Alternative 2 - Purchase of land and construction of similar size building as 3901 Morse in immediate area of 3911 Morse Cost estimates are from an appraisal made on 3901 Morse Street Cost Estimates 15,810 SF building Other site improvements Similar size land Total $948,600 $138,500 $158,500 $1,245,600 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: July 20, 2004 City Manager's Office Mike Conduff, City Manager SUBJECT Consider appointments to City's Boards and Commissions. BACKGROUND The attached nominations for boards and commissions were discussed at the July 16, 2004 Council breakfast. Council will be voting on approval of these nominations at this meeting. Please note that this list will be updated as more nominations are submitted. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary Board Council Nomination Member Airport Advisory Board Thomson Don Smith McNeill Montgomery Brock Larry Luce Animal Shelter Advisory Committee Redmon Kody MacKenna Kamp Marilyn Wells Montgomery Joella Orr Mulroy Curtis Martin Community Development Thomson LaNelle Winn Montgomery Ed Touraine Brock Sandra Benavides All Ron Aldridge (McNeill) All Construction Advisory and Appeals Kamp McNeill Alan Nelson Historic Landmark Commission Kamp Randall Boyd Brock Darlene Mullenweg All Peggy Capps (Montgomery) Human Services Kamp McNeill All Teri Rheault (Kamp) All Lovie Price (Kamp) Library Board Thomson McNeill Lorie Wolfe Brock Parks, Recreation and Beautification Kamp Chuck Smith Thomson Patrice Lyke McNeill Geri Aschenbrenner Planning and Zoning Commission Thomson DeCarlo Noble Montgomery Vicki Holt Mulroy Mary Thibodeaux Public Utilities Board Thomson Phil Gallivan TMPA Board of Directors All George Hopkins (McNeill) Traffic Safety Commission Redmon Connie Baker Kamp Mulroy Lelia Howell All All Zoning Board of Adjustment Kamp Cliff Reding Montgomery Cecil Adkins AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET July 20, 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 an annual comract for the purchase of EMS Supplies for DeNon Fire Departmem; providing for the expenditure of funds therefore; and providing an effective date (Bid 3165-EMS Supplies awarded to the lowest responsible bidder for each item in the estimated amoum of $120,000). BID INFORMATION This bid is for the annual comract for emergency medical supplies utilized by the Emergency Medical Services Division of the Fire Departmem and maimained in the Warehouse invemory. Quamities are estimates and may vary throughout the comract period. RECOMMENDATION We recommend this bid be awarded to the overall lowest responsible bidder meeting specification. This is based upon the total quantity of items bid to increase ordering efficiency. The items awarded to Medtronic Emergency Response Systems are proprietary and cannot be obtained from other vendors. Items 1-10,12-39,41-114,116-159,162,165-188,191-193,195-199 and 204-220 awarded to Bound Tree Medical L.L.C. Items 115,189,190,194 and 200-203 awarded to Medtronic Emergency Response Systems. Items 11,40,160,161,163, and 164 will not be awarded. These items will be purchased on an as needed basis. PRINCIPAL PLACE OF BUSINESS Bound Tree Medical L.L.C. Tempe, AZ Medtronic Emergency Response Systems Redmond, WA ESTIMATED SCHEDULE OF PROJECT This is an annual price agreemem renewable for additional one-year periods with all pricing and terms and conditions remaining the same. Agenda Information Sheet July 20, 2004 Page 2 FISCAL INFORMATION These supplies will be purchased from the Warehouse Working Capital 800001.6402 and charged to appropriate department accounts as utilized. Inventory account Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Bid Tabulation 1-AlS-Bid 3165 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF EMS SUPPLIES FOR DENTON FIRE DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3165-EMS SUPPLIES AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM IN THE ESTIMATED AMOUNT OF $120,000). 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 3165 1-10,12-39,41-114,116-159 Bound Tree Medical L.L.C. Exhibit A 162,165-188,191-193,195- 199,204-220 3165 115,189,190,194,200-203 Medtronic Emergency Exhibit A Response Systems 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 3165 Page 2 of 2 Exhibit A Bid 3165 EMS Supplies :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::: Medical Physio- Control Redmond, Place of Business: Tempe, AZ WA Airways Oropharyngel ...... 1 5 - 40mm 93938001 $ 0.30 2 6 60mm 93938002 $ 0.49 3 7 80mm 93938003 $ 0.49 4 15 90mm 93938004 $ 0.49 5 17 100mm 93938005 $ 0.49 Airways Oropharyngel ...... 6 9 --20 FR 93938006 $ 2.03 7 9 24 FR 93938007 $ 2.03 8 9 28 FR 93938008 $ 2.03 9 7 30 FR 93938009 $ 2.03 10 7 32 FR 93938010 $ 2.03 Tubes, Endotracheal ....... 12 19 2.5mm 93938012 $ 3.30 13 14 3.0mm 93938013 $ 3.30 14 12 4.0mm 93938014 $ 3.30 15 16 5.0mm 93938015 $ 3.30 16 22 6.0mm 93938016 $ 3.48 17 44 7.0mm 93938017 $ 3.48 18 53 7.5mm 93938018 $ 3.48 19 44 8.0mm 93938019 $ 3.48 20 23 9.0mm 93938020 $ 3.48 Forceps Magill (Adult) 21 2 Stainless 93938021 $ 3.32 Forceps Magill (Pedi) 22 2 Stainless 93938022 $ 3.32 Tube, ET Holder 23 80 (Thomas) 93938023 $ 3.11 24 6 Handle, Larynogoscope 93938035 $ 41.00 Blades, Macintosh Curved 25 8 #2 93938040 $ 4.29 26 56 # 3 93938041 $ 4.29 27 43 # 4 93938042 $ 4.29 28 8 Blades, Miller Straight #0 93938043 $ 4.29 29 10 # 1 93938044 $ 4.29 30 18 # 2 93938045 $ 4.29 31 20 # 3 93938046 $ 4.29 32 17 Cricothyrotomy Kit 6.0 93938059 $ 22.03 33 4 Chest Decompression Kit 93938060 $ 20.70 34 1000 Penrose Drain 18" x 1" $ 0.57 Mask Non Re-breather 35 397 Adult 93938067 $ 0.96 Mask Non Re-breather 36 76 Pediat. 93938068 $ 1.26 3165 EMS SUPPLIES Page 1 of 6 Medtronic Medical Physio- Control Mask Non Re-breather 37 35 Infant 93938069 $ 4.21 38 197 Nasal Cannula 93938070 $ 0.33 39 261 Nebulizer 93938071 $ 0.89 41 1 Intubations Case 93938073 $ 70.34 42 7 02 Cylinder Wrench 93938074 $ 7.96 02 Regulator w/2 Diss 43 4 Ports 93938075 $ 146.57 44 53 Bags Convenience 93938085 $ 10.33 45 8 Syringe Bulb 2.5 oz 93938086 $ 0.67 46 8 Catheters Suctions 10 FR 93938087 $ 0.37 47 12 Catheters Suctions 14 FR 93938088 $ 0.37 48 9 Catheters Suctions 16 FR 93938089 $ 0.37 49 7 Catheters Suctions 18 FR 93938090 $ 0.37 50 78 Yankauer Tip W/Tubing 93938091 $ 1.73 51 4 V-Vac Cradle (Starter Kit) 93938092 $ 77.07 V-Vac Replacement 52 16 Cannister 93938093 $ 11.05 Suction Cannister 53 43 Disposable 93938094 $ 2.49 Bandages Tape 1" 54 13 Transpore 93938104 $ 7.20 55 18 Bandages Tape 2" Zonas 93938105 $ 10.55 56 21 Band Aids 1" 93938106 $ 4.31 57 9 Band Aids 2" 93938107 $ 5.95 Gauze Sponges 4 x 4 12 58 148 Ply 2 PK 93938108 $ 1.88 Gauze Sponges 4 x4 12 59 350 ply, Tubs 93938109 $ 3.35 60 54 Pads Abdominal 93938110 $ 3.25 61 42 Dressing Multi-Trauma 93938111 $ 1.13 62 55 Sof-Kling 4" 93938112 $ 3.35 63 45 Bandages Triangular 93938113 $ 3.48 64 4 Eye Pads 93938114 $ 0.25 65 6 Eye Shield, metal 93938115 $ 0.93 66 6 Asherman Chest Seal 93938116 $ 9.35 67 7 Gauze vaseline 3" x 9" 93938117 $ 0.71 68 1000 Packs Cold 93938118 $ 14.40 69 40 Packs Hot 93938119 $ 1.86 Mini Collars W/Head 70 73 Pediat. 93938141 $ 8.69 71 461 Collars, Adult W/Head 93938142 $ 8.69 Splints Short Armboard 72 73 15" 93938145 $ 2.37 73 25 Splints Medium 36" 93938146 $ 3.66 74 10 Splints Long 54" 93938147 $ 4.86 75 1 Splints Pouch Pak 93938148 $ 35.66 Splints Adult W/Ankle 76 1 Hitch 93938149 $ 129.50 3165 EMS SUPPLIES Page 2 of 6 Medtronic Medical Physio- Control 77 1 Splints Ped W/Ankle Hitch 93938150 $ 129.50 78 5 Ankle Hitch Replacement 93938151 $ 11.48 79 1 KED 93938153 $ 73.68 80 1 Pedi-Pac 93938154 $ 244.79 81 1 Stair Chair 93938155 $ 973.00 82 1 Stretcher Scoop 93938156 $ 502.55 Backboards w/3 Sets of 83 6 Straps 93938157 $ 186.25 Backboard Strap 84 17 Replacement 93938158 $ 8.37 85 1646 Needles, 18GX 1 1/2 93938168 $ 4.36 86 62 Needles, 22G x 1 1/2 93938169 $ 4.36 87 35 Needles, 25G x 1 93938170 $ 4.36 Syringe, 1 CC TB W/26GX 88 72 1/2" 93938175 $ 7.35 Syringe, 3CC TB 89 37 W/23GX1" 93938176 $ 13.35 Syringe, 5CC W/22GX1 90 55 1/2" 93938177 $ 25.57 91 214 Syringe, 10CC LuerSlip 93938178 $ 0.17 92 23 Syringes, 20CC Luer Slip 93938179 $ 0.45 93 23 Syringes Luer Slip 60cc 93938180 $ 0.59 94 22 Syringes Cath Tip 60cc 93938181 $ 0.53 95 14 Carpuject Holder 93938183 $ 1.00 IV Caths& Supplies 14G x 96 155 1 1/4 93938193 $ 2.42 IV Caths& Supplies 16G x 97 156 1 1/4 93938194 $ 2.42 IV Caths &Supplies 18G x 98 35 1 1/4 93938195 $ 2.42 IV Caths &Supplies 20G x 99 45 1 1/4 93938196 $ 2.42 IV Caths & Supplies 22G 100 253 x 1 93938197 $ 2.42 IV Caths & Supplies 24G 101 154 x3/4 93938198 $ 2.42 102 8 Butterfly/scalp vein 19G 93938199 $ 0.46 103 9 Butterfly/scalp vein 23G 93938200 $ 0.46 104 8 Introsseous 16Galp vein 93938201 $ 15.97 Porta Cath Gripper 105 35 20GXI" 93938206 $ 100.62 106 26 Veni Guard IV Dressing 93938208 $ 31.80 Tourniquet, Freeband 107 45 Latexfree 1" x 18" 93938209 $ 4.85 108 82 Alcohol Preps 93938213 $ 1.91 109 71 Swabs Betadine 93938214 $ 3.86 110 60 Nail Polish Remover 93938215 $ 3.52 Tincture of Benzion 111 48 Swabs 93938216 $ 10.33 112 228 IV Fluids NS 1000ML 93938221 $ 2.00 113 57 Tubing 10Drops/ML 100" 93938222 $ 3.00 3165 EMS SUPPLIES Page 3 of 6 Medtronic Medical Physio- Control 114 43 Tubing 60Drops/ML 90" 93938223 $ 3.32 Electrodes SP-00-S 115 1800 10/Pack 93938228 $ 0.40 116 30 Glove, Rubber Latex (S) $ 5.94 117 175 Glove, Rubber(Med) 93938229 $ 5.94 118 800 Glove, Rubber Latex (L) 93938230 $ 5.94 119 1500 Glove, Rubber Latex (XL) 93938231 $ 5.94 120 2 Mask Moldex N95 Lg 93938237 $ 14.51 121 5 Mask Moldex N95 Med. 93938238 $ 14.51 122 1 Mask Moldex N95 Sm 93938239 $ 14.51 123 3 Visor, Mask Small 93938240 $ 17.58 124 14 Coveralls 93938243 $ 97.75 125 5 Coveralls 93938257 $ 102.85 126 777 Bags Bioharzard 7-10 Gal. 93938244 $ 0.14 Hand Sanitizer No Rinse 127 123 Gel 93938245 $ 7.95 Envirocide 24 OZ Spray 128 28 Bottle 93938246 $ 7.45 Envirocide 1 Gal Refill 129 10 Bottle 93938247 $ 22.27 130 6 Red Z Powder.75 Packet 93938248 $ 0.71 Red Z Powder 50 OZ 131 2 ShakeBott. 93938249 $ 3.75 Red Z Powder 15 OZ 132 1 Bottle 93938250 $ 9.55 133 50 Bio-Scoops 93938251 $ 35.00 134 16 Alcohol 16 OZ Bottle 93938252 $ 0.85 Hydrogen Peroxide 16 OZ 135 35 Bottle 93938253 $ 0.61 136 32 Sharps Container 1 PT 93938254 $ 1.68 137 36 Sharps Container 15 QT 93938255 $ 3.90 138 1 Sharps Container 8 QT 93938256 $ 3.32 Hand, Vionex Wipes 139 Towelettes 93938260 $ 7.98 Soap, Vionex 18 OZ 140 32 Pump 93938265 $ 7.86 141 3 Shygmomanometer Adult 93938275 $ 123.84 142 2 Shygmomanometer Child 93938276 $ 165.00 Shygmomanometer LG 143 2 Adult 93938277 $ 28.91 144 Shygmomanometer Thigh 93938278 $ 30.94 Sphygmomanometer Wall 145 1 Mount 93938279 $ 58.46 146 16 Stethoscope 93938280 $ 58.18 147 11 Blanket Yellow Disposable 93938281 $ 3.06 Pillow Disposable 17"x 148 92 23" 93938282 $ 2.52 149 41 Penlight-Disposable 93938283 $ 0.79 150 12 Holster, Horizontal 93938284 $ 2.96 151 68 Shears, Trauma 7 1/4" 93938285 $ 2.48 3165 EMS SUPPLIES Page 4 of 6 Medtronic Medical Physio- Control 152 6 Cutter, Ring-Stainless 93938286 $ 5.98 153 9 Burn Sheet 93938287 $ 5.08 154 6 OB Kit 93938288 $ 5.35 155 7 Silver Swaddler 93938289 $ 3.54 156 10 Morgan Lenses 93938290 $ 16.05 157 3 Glucometer Elite 93938291 $ 55.93 158 60 Glucometer Strips Elite 93938292 $ 43.19 159 10 Glucometer Lancets 93938293 $ 8.87 162 10 Straps, Cot Ferno 2 Piece 93938298 $ 17.29 165 5 Box, Drug 93938201 $ 210.80 Medications Ammonia 166 13 Caps 93938316 $ 10.64 Medications Adenocard 167 68 6MG/2ML 93938317 $ 40.04 Medications Aspirin 81 168 49 MG 93938319 $ 0.74 Medications Benadryl 169 69 50MG 93938321 $ 1.27 Medications Brethine 170 87 1MG/1ML 93938322 $ 31.45 Medications Dextrose 171 213 50%25G 93938324 $ 1.71 172 30 Dopamine Drip Pre-Mix 93938325 $ 12.45 173 55 Epinephrine 1:1,000 1MG 93938326 $ 0.35 Epinephrine 1:10,000 1 174 272 MG 93938327 $ 1.83 Epinephrine Multidose 175 17 Vial30MG 93938328 $ 3.55 176 39 Glucagon 1MG 93938330 $ 85.55 Lasix 40MG Furosemide 177 131 9331-04 93938331 $ 1.69 178 125 Lidocaine 100MG 93938332 $ 1.53 179 25 Lidocaine Drip Pre-Mix 93938333 $ 4.98 180 122 Narcan 2 MG/2ML 93938334 $ 8.60 181 21 Nitrolingual Spray 93938335 $ 41.49 182 241 Normal Saline Irr. 250MIL 93938336 $ 1.88 Sodium Bicarbonate 8.4% 183 50 50 Meq. 93938338 $ 1.86 184 58 Vials 93938340 $ 2.75 185 84 EKG Paper LP2 100MM 93938341 $ 3.63 186 4 EKG Paper LP10 93938342 $ 1.57 Pads Quick Combo Redi 187 26 Adult 93938343 $ 21.79 Pads Quick Combo Redi 188 39 Pedi 93938344 $ 21.79 189 9 Probe SP02 Dispos. Adult 93938345 $ 14.30 190 18 Probe SP02 Dispos. Pedi 93938346 $ 14.30 191 3 Razor 93938348 $ 0.35 192 47 Lidocaine Jelly (5MITube) 93938349 $ 5.25 193 19 Magnesium Sulfate 50% 93938352 $ 0.43 3165 EMS SUPPLIES Page 5 of 6 Medtronic Medical Physio- Control 194 1 Hose, NIBP 93938353 $ 23.76 195 1 Cuff, NIBP LG Adult 93938354 $ 17.73 196 4 Cuff, NIBP Adult 93938355 $ 15.59 197 1 Cuff, NIBP Small 93938356 $ 17.73 198 2 Cuff, NIBP Pedi 93938357 $ 12.26 199 2 Cuff, NIBP Small Child 93938358 $ 11.07 200 3 Cable, Trunk 12 Lead 93938359 $ 168.96 201 2 Cable, Lead 4 93938360 $ 57.20 202 1 Cable, Lead 6 93938361 $ 88.00 203 1 Cable, Therapy 93938362 $ 268.40 204 6 Probe, Finger SPQ2 93938363 $ 120.00 205 43 Medicine, Xopenex 93938364 $ 67.39 Medication, Atropine, 206 184 1MG/10ML 93938365 $ 2.05 Bag, Reservoir, Adult #5 207 87 Mask 93938366 $ 9.07 Bag, Reservior, Child #2 208 25 Mask 93938367 $ 10.17 Bag, Reservior, Infant #0 209 20 Mask 93938368 $ 9.84 210 76 Bag, Reservoir Easy Cap 93938369 $ 9.35 211 50 Bag, Reservoir Pedi Cap 93938370 $ 9.35 Cleaner, Hand Antimicro 212 50 Vionex (Pump) 93938372 $ 7.86 Cleaner, Hand Antimicro 213 50 Vionex (Wipes) 93938373 $ 7.98 214 66 Calcuim Chloride 10%ML 93938374 $ 1.86 Calcuim Gluconate 10ML 215 44 Vial 93938375 $ 1.46 216 68 Etomidate 40MG/20ML 93938376 $ 16.00 Device, Nasal 217 117 Automization 93938377 $ 1.40 Medicine, Enalaprilat 218 8 Injection 93938378 $ 9.50 219 8 Medicine, Haldol Injection 93938379 $ 35.94 220 50 Medicine, Zofran Injection 93938380 $ 26.57 3165 EMS SUPPLIES Page 6 of 6 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET July 20, 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 Overhead 13.2 kV Capacitor Bank Assemblies for DeNon Municipal Electric; providing for the expenditure of funds therefore; and providing an effective date (Bid 3177-Overhead 13.2 kV Capacitor Bank Assemblies awarded to Wesco Distribution in the estimated amoum of $38,000). BID INFORMATION: This bid is for the annual comract for the purchase of fully assembled overhead 13.2 kV pole mourned, 600 and 1200 (kVAR), three-phase capacitor bank assemblies for DeNon Municipal Electric. These capacitor banks will be utilized in the maimenance and new construction of the Electric Distribution System. RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder, Wesco Distribution, for each item as listed below. Item 1 Capacitor Bank 13.2 KV Pole Mount 1200 KVAR $ 3427 ea. Item 2 Capacitor Bank 13.2 KV Pole Mount 600 KVAR $ 2795 ea. PRINCIPAL PLACE OF BUSINESS: Wesco Distribution Fort Worth, Texas ESTIMATED SCHEDULE OF PROJECT: The capacitors can be shipped within 9- 11 weeks after receipt of an order. FISCAL INFORMATION: The capacitors will be purchased as needed to replace Warehouse stock. Funding is available from Warehouse Working Capital Invemory Accoum 800001.6402. Agenda Information Sheet July 20, 2004 Page 2 Attachment 1: Tabulation Sheet 1-AlS-Bid 3177 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Bid # 3177 Attachment 1 Date: 6/29/04 Annual Contract for Purchase of Overhead 13.2kV Capacitor Bank Assemblies l/Wesco Distribution Priester Supply Techline, inc. Principle Place of Business: ~ Fort Worth, TX Arlington, TX Fort Worth, TX Capacitor ___ Cooper Power _ . , Mfg: Mnd~=l -- /~t~t~ Systems Ivlaysreel Mnd~l -----~,..- .. N.umbe~:'---' ___ N/A P/L013 Prelim Per City Spec. Capacitor __~ Cooper Power .. . , Mfg :Model ~t~t~ Systems ivlaysreel Numbe~:'_- . N/A P/L013 Prelim Per City Spec. Totals $37,332.00 $38,316.00 $49,542.00 Delivery 9 - 11 Weeks 56 - 70 Days 70 - 84 Days ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF OVERHEAD 13.2 KV CAPACITOR BANK ASSEMBLIES FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3177-OVERHEAD 13.2 KV CAPACITOR BANK ASSEMBLIES AWARDED TO WESCO DISTRIBUTION IN THE ESTIMATED AMOUNT OF $38,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipmem, supplies or services in accordance with the procedures of STATE law 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, equipmem, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered 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: BID ITEM NUMBER NO VENDOR AMOUNT 3177 1,2 Wesco Distribution Exhibit A SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quamities and for the specified sums comained 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 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 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 3177 Page 2 of 2 Bid # 3177 ExhibitA Date: 6/29/04 Annual Contract for Purchase of Overhead 13.2kV Capacitor Bank, ~ I Wesco Distribution I Principle Place of Business: ~ Fort Worth, TX ITotals $37,332 00 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET July 20, 2004 Materials Management Kathy DuBose ~% Questions concerning this acquisition may be directed to Janet Simpson 349-8271 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a comract for the purchase of priming, typesetting, distribution and advertisemem sales for the Parks and Recreation Department's PLAY Seasonal Brochure; providing for the expenditure of funds therefore; and providing an effective date (Bid 3186 - Annual Comract for P.A.R.D. Seasonal Catalogs awarded to the lowest bidder for each section in the gross amoum of $41,595 less $12,000 (Estimated Ad Revenue) for a net estimated cost of $29,595). BID INFORMATION This bid is for the priming, typesetting, distribution and advertisemem sales for the Parks and Recreation PLAY Catalog. The Catalog is a complete listing of Parks and Recreation programs extended to the citizens. The Catalog is printed and distributed three times per year with advertisemem sales offsetting some of the cost. The base bid is for priming of 105,000 copies per year. There are 32 pages per issue in addition to 5-8 pages of advertising in each Catalog. RECOMMENDATION We recommend this bid be awarded to the lowest responsible bidder for each item as listed below: Item Description Supplier Price 1 Priming RJK Priming $24,675 2 Distribution Demon Publishing Co. $13,920 3 Ad Sales (Commission) FJ Business Forms $ 3,000 Gross Amoum $41,595 3 Ad Sales (Revenue) Paid to City of Demon ($12,000) Net Estimated Amount $29,595 PRINCIPAL PLACE OF BUSINESS FJ Business Forms Denton Publishing Co. Denton, TX Denton, TX RJK Priming Fort Worth, TX Agenda Information Sheet July 20, 2004 Page 2 ESTIMATED SCHEDULE OF PROJECT Winter/Spring Catalogs Summer Catalogs Fall Catalogs January 3, 2005 April 25, 2005 August 15, 2005 FISCAL INFORMATION Catalogs costs will be funded from accounts (401110.6386, 411110.6386, 401110.6308, 207001.7914 and 411110.6389) and will be partially offset by advertising sales of approximately $12,000. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Attachment 1: Tabulation Sheet 1-AlS-Bid 3186 Bid' 3186 Attachment 1 Date' 6/29/04 Annual Contract for P.A.R.D. Seasonal Catalogs ~ Denton Publishing ~ Mastercraft Printed ~ R3K Printing Denton Rec. DFW Printing F3 Business Forms Products Chronicle Principle Place of Business: Fort Worth, TX [rving, TX Denton, TX Arlington, TX Denton, TX Printing of PARD Per i 1,ooo Brochure per $235.00 $334.90 No Bid $257.00 No Bid specifications Per Distribution per 2 No Bid No Bid $145.00 No Bid No Bid 1,000 specifications Advertising commission based 3 upon dollar amount No Bid No Bid No Bid No Bid 20% of ads sold (percent) Shipment 21 Days 10 Days 7 Days 12 Days ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF PRINTING, TYPESETTING, DISTRIBUTION AND ADVERTISEMENT SALES FOR THE PARKS AND RECREATION DEPARTMENT'S PLAY SEASONAL BROCHURE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (BID 3186 - ANNUAL CONTRACT FOR P.A.R.D. SEASONAL CATALOGS AWARDED TO THE LOWEST BIDDER FOR EACH SECTION iN THE GROSS AMOUNT OF $41,595 LESS $12,000 (ESTIMATED AD REVENUE) FOR A NET ESTIMATED COST OF $29,595). WHEREAS, the City has solicited and received competitive proposals 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 proposals 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 NUMBER VENDOR AMOUNT 3286 1 3286 2 3286 3 Gross Amount Net Estimated Amount RJK Printing Denton Publishing Co. FJ Business Forms Ad Revenueto City $24,675 $13,920 $ 3,000 $41,595 ($12,000) $29,595 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 a written contract which shall be on file at 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 proposals, 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: RFP 3286 P.A.R.D. Catalogs AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: July 20, 2004 Materials Management Questions concerning this acquisition may be directed to Sharon Mays 349-8487 ACM: Kathy DuBose SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the purchase of two 15 kV Bus Duct replacements for the Hickory Street Substation; providing for the expenditure of funds therefore; and providing an effective date (Bid 3172-Hickory Substation Bus Duct Replacements awarded to Powell Electrical Manufacturing Company in the amount of $27,829). BID INFORMATION Hickory Substation has two power transformers that feed into a distribution feeder switchgear building. The original connections from the power transformers to the switchgear building were constructed using parallel runs of underground 15kV cables for each phase with sheet metal enclosures to protect the cables between the transformers and the building. Load growth and age make it necessary to replace this system with a "Bus Duct" system. Bus Duct is a system that uses insulated copper bus bars rigidly mounted in a protective housing. Bus Duct is typically used when the capacity needed is higher than can be provided by a single underground cable. This bid is to provide two new complete and fully functional 2000Amp, 15kV bus ducts to replace the existing cable type connections at Hickory Street Substation. The Bus Duct packages provided will include all accessories necessary to retrofit and replace the existing installation. Denton Municipal Electric substation personnel will install the replacement bus ducts. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board unanimously approved this item at its July 12 meeting. RECOMMENDATION We recommend award of these items to Powell Electrical Manufacturing Company in the amount of $27,829. The apparent low bidder, Powercon Corporation, did not meet bid specification requirements. PRINCIPAL PLACE OF BUSINESS Powell Electrical Manufacturing Company Houston, TX Agenda Information Sheet July 20, 2004 Page 2 ESTIMATED SCHEDULE OF PROJECT Delivery can be made within 70 days. FISCAL INFORMATION This item will be funded from account 600480487.1350.3620. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AlS-Bid 3172 Bid # 3172 Attachment 1 Date: 6/17/04 Hickory Substation 15kV Bus Duct Replacements Powell Electrica"~~ Powerc~"~~ Mfg Corporabon Principle Place of Business: Houston, TX Severn, Maryland Price E delivery information to provide replacement :[200A rated :[SkV bus ducts for Hicknrv Complete 15kV bus duct assembly to replace I $14,200.00 $11,580.00 existing 1200A bus duct on the #1 West Transformer: Complete 15kV bus duct 2 assembly to replace $12,210.00 $9,505.00 existing 1200A bus duct on the #2 East Transformer: Total cost for both $26,410.00 $21,085.00 1200A bus ducts: Optional price & delivery information to provide replacement 2000A rated 15kV bus ducts for Hickory Substation: Complete 15kV bus duct assembly to replace I existing 1200A with a $14,973.00 $13,270.00 2000A bus duct on the #1 wp~t- Tran~fnrmpr: Complete 15kV bus duct assembly to replace 2 existing 1200A with a $12,856.00 $10,665.00 2000A bus duct on the #2 East Transformer: Total cost for both $27,829.00 $23,935.00 2000A bus ducts: Bid Bond Delivery ~0 WEEKS 70 Days ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TWO 15 KV BUS DUCT REPLACEMENTS FOR THE HICKORY STREET SUBSTATION; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (BID 3172-HICKORY SUBSTATION BUS DUCT REPLACEMENTS AWARDED TO POWELL ELECTRICAL MANUFACTURING COMPANY iN THE AMOUNT OF $27,829). 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 3172 Powell Electrical Manufacturing Company $27,829 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 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. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-Bid 3172 Page 2 of 2 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET July 20, 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 hydraulic excavator for the Water Distribution Department; providing for the expenditure of funds therefore; and providing an effective date (Bid 3178-Hydraulic Excavator awarded to Continental Equipment Company L.P. in the amount of $131,463.29). BID INFORMATION This bid is for the purchase of a hydraulic excavator for the Water Distribution Department with a 36-month guaranteed buy back agreement. The excavator is powered by an EPA Tier II compliant diesel engine. This excavator replaces unit 9677, which has over 14,300 hours of service and is too small for its intended use. The Department is currently renting an excavator to perform the necessary work. RECOMMENDATION We recommend award of this item to the lowest responsible bidder meeting specification, Continental Equipment Company L.P., in the amount of $131,463.29. At the end of 36 months, Continental Equipment Company L.P. will buy back the hydraulic excavator for $72,270. Therefore, the actual net cost for this unit will be $59,193.20 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 July 20, 2004 Page 2 Attachment 1: Tabulation Sheet 1-AlS-Bid 3178 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A HYDRAULIC EXCAVATOR FOR THE WATER DISTRIBUTION DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (BID 3178-HYDRAULIC EXCAVATOR AWARDED TO CONTINENTAL EQUIPMENT COMPANY L.P. iN THE AMOUNT OF $131,463.29). 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 BUY BACK NET NUMBER VENDOR AMOUNT AMOUNT COST 3178 Continental Equipment $131,463.29 $72,270.00 $59,193.29 Company L.P. 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 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. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-Bid 3178 Page 2 of 2 CITY OF DENTON CITY COUNCIL MINUTES June 1, 2004 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, June 1, 2004 at 5:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery, Mulroy, Redmon and Thomson. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction regarding a Drainage Pro Rata ordinance. Charles Fiedler, Director of Engineering, presented the staff report. The Development Code required construction of drainage improvements large enough to carry a 100-year storm based on developed upstream conditions. Currently there was 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 adjacent property. Staff research indicated that other cities handled this situation with a mechanism using pro-rata agreements, similar to the agreements currently used for water and sewer line extensions. The proposed ordinance addressed upstream development situations and provided a mechanism for a developer to recover the costs associated with oversized drainage improvements that exceeded what was needed for his specific development. To recover the administration costs of the agreements, the proposed ordinance included a fee of $2,500 or 1% of the over sizing costs, whichever was greater. That amount would be deducted from the payment with the pro rata available for 20 years. Council discussion included: · Estimates would depend on how the property was developed - residential/commercial. · Drainage could possibly be a factor in future zoning. · A long-term repayment option was included in the ordinance to accommodate future development. · Were other cities charging administrative fees for pro rata agreements? · Council approval would be needed for all pro rata agreements. · Start with direct costs or 1% whichever would be greater instead of a flat fee for the first few years to see how development costs would actually occur. Consensus of Council was to proceed with the ordinance with options for the fee and options for indemnification when the bill became due. 2. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the regular meeting of June 1, 2004. 1. Council considered the following in Closed Meeting: Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072 and Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. City of DeNon City Council Minutes June 1, 2004 Page 2 Deliberated the purchase and value of real property imerests for DeNon Municipal Landfill expansion purposes in the Gideon Walker Survey, Abstract Number 1330, and being an approximate 3.6469 acre tract located at 1481 South Mayhill Road, Denton, Texas; which acquisition was for a public purpose. Received legal advice from the City Attorney or his staff concerning legal issues regarding the acquisition and/or condemnation of such real property imerests. Regular Meeting of the City of Demon City Council on Tuesday, June 1, 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 a proclamation for the University of North Texas Public Administration Program. B. Resolutions of Appreciation The Council considered approval of a Resolution of Appreciation for Jeanette Scott. Montgomery motioned, Thomson seconded to approve the resolution. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. Recognition of staff accomplishments City Manager Conduffpresemed staff accomplishmems to Council. 3. CITIZENS REPORTS A. The Council received citizen reports from the following: 1. Aron Frydberg regarding the sign ordinance. Mr. Frydberg was not presem at the meeting. City of Denton City Council Minutes June 1, 2004 Page 3 2. A representative of the "Neighbors of TWU" regarding TWU. Militza Bishop expressed concern for the proposed apartment development by TWU. The neighbors were concerned with traffic, parking, flooding, property values, rental market, utility capacity, and gas wells. They asked for a city resolution in support for the neighbor's concerns. 3. Dessie Goodson regarding responsibility. Ms. Goodson was not present at the meeting. 4. Chris Williams regarding the ethics policy and the delinquent tax fee. Mr. Williams was not present at the meeting. 5. Willie Hudspeth regarding minority hiring and the tree ordinance. Mr. Hudspeth again commented on the fact that there were no African-American fire fighters in the City of Denton. He had researched the hiring practices of the City since the current City Manager had been hired. He felt that the City had poor hiring practices for African-Americans. 6. Peternia Washington regarding life, liberty, and the pursuit of happiness. Ms. Washington made comments regarding taxation without representation and segregation. She commented that there were no African-American fire fighters in the City of Denton. 4. CONSENT AGENDA Kamp motioned, McNeill seconded to approve the Consem Agenda and accompanying ordinances and resolutions. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 2004-158 - An ordinance accepting competitive bids and awarding an annual comract for the purchase of Traffic Signals for the City of DeNon Traffic Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 3162 - Annual Comract for Traffic Signals awarded to the lowest responsible bidder for each item in the estimated amoum of $175,000). Approved a request for an exception to the Noise Ordinance for the purpose of playing music and operating a public address system at Fred Moore Park during the Juneteemh Celebration on June 18, 2004, from 6:00 p.m. umil 11:00 p.m. and on Saturday from 11:00 a.m. until 12:00 p.m. The request was for an exception to the hours of operation. Approved tax refunds for the following property taxes: Tax Name Reason Amount Year R~M~g~ 1~ g ~up~c, at~ ~0~ $i08~ City of Denton City Council Minutes June 1, 2004 Page 4 Tax Name Reason Amount Year $~ffe RaSh 2. ABN AMRO Mortgage/Mayes, James Duplicate Payment 2003 722.08 & Kerri 3 C~aant M~g~g cNabb St~ ~ ~ D~li~at~ P~ ~ ~003 ~I! ~8 4. Chase/Caswell, David & Albe~a Duplicate Payment 2003 942.61 ~I~erJe~ ~up!~c, at ~ g O~ ! 6. Chase/Houser, Grace & Claudia Duplicate Payment 2003 579.51 Coleman C,h~e/ I ~ g~ ~up!~at~P ~0~ ~ 8. Citimongage~oight, Robert K. Duplicate Payment 2003 548.72 10. Countrywide/Cox, Randall J Duplicate Payment 2003 3286.87 ~a~a~ l'4ati g ~up!k~ P a~nt ~0~ 12. Countrywide/Fuller, Daniel W. Duplicate Payment 2003 1776.56 14. Countwwide~cCo~ack, Kelly C & Duplicate Payment 2003 1386.54 Cecelia 16. Count~wide/Sanchez, Godeleva Duplicate Payment 2003 1291.36 18. Count~wide~oga~y, Michael J & Sally Duplicate Payment 2003 1290.12 B i~ ~un ia~qwiU~ ~ep h ~upiic~ P~ ~nt ~003 i 2~2~ 8 20. Count~wide~ing, Jef~ey P Duplicate Payment 2003 1216.31 22, Count~ide(Smith, Billy E Jr Duplicate Payment 2003 ! !48A3 24. Count~wide~ngler, Dennis D & Molly Duplicate Payment 2003 1112.37 on e 26. Count~ide~rooks, Jason C Duplicate Payment 2003 1083.35 F anc 28. Count~wide~iefinger, Katherine Duplicate Payment 2003 1050.41 30. Countrywide/Williams, John L Duplicate Payment 2003 1028.46 ~I C~ nt ~a~ani~i ~ffr~ P liat ~ 32. Countrywide/Price, Carol A Duplicate Payment 2003 1007.38 ~ ~un ~a~ ~en Ru~!! W ~uP!k~ 34. Countrywide/Meyer, Larry T & Phyllis Duplicate Payment 2003 986.37 36. Count~ide/Durodoye, Beth A Duplicate Payment 2003 965.17 38. Everhome Mortgage/Godwin, Charles N Duplicate Payment 2002 602.95 40. Ohio Savings Bank/Hollar, Randy & Duplicate Payment 2003 1270.37 Cynthia P ~c~l~id~nt~ l B up iic~ P~ ~ nt ~00~ ~00 City of Denton City Council Minutes June 1, 2004 Page 5 Tax Name Reason Amount Year L,~c,~ 42. Principal Residential/Lerma, Andrea & Duplicate Payment 2003 516.75 Juan 44. Wynne Jackson Lakes Dev LP Duplicate Paxment 2003 1094.87 ~ ~ck~L~ ~ up!k~ ~a~nt ~ 0~00! Do R2004-027 - A resolution nominating a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date. mo 2004-159 - An ordinance approving a Real Estate Comract between the City of Demon, Texas and Ronald Brown, Terry L. Brown, Wanda Nell Harris AKA Wanda N. Donato, Kenneth Hues Howell, Katrina Kay Howell Rich, Kendra Gail Howell Harper, and Robert Keith Good, and an Amendmem to extend the closing date, for the purchase of approximately 3.6469 acres of land for the expansion of Demon Municipal Landfill facilities; said real property being adjacem to the City's existing Landfill and situated in the Gideon Walker Survey, Abstract No. 1330, in the City of Demon, Demon County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. Fo R2004-028 - A resolution authorizing the City Manager or his designee to execute a Quit Claim Deed, and any other documems necessary to convey approximately 0.573 acres to Hickory Creek (DeNon) Homeowners' Association, inc., said 0.573 acres being a tract of land situated in the S. A. Venters Survey, Abstract No. 1315, in the City of Denton, Denton County, Texas, and being a part of Block A, Lot 4, of Hickory Creek Ranch, Phase 2, an addition to the City of DeNon, Denton County, Texas, according to the plat thereof recorded in Cabinet S, Page 241 of the Plat Records of Denton County, Texas, and providing an effective date. 5. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 1.8 acres from Employmem Cemer industrial (EC-i) zoning district to Employmem Cemer Commercial Dowmown (EC-C) zoning district. The property was located on the southeast comer of Mayhill Road and University Drive. The Planning and Zoning Commission recommended approval (7-0). (Z04-0015, Racetrac). Larry Reichhart, Assistant Director for Planning and Development, presented the details of the proposal. The current zoning would not allow for retail sales other than a gas station on the site. The Planning and Zoning Commission recommended approval. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. City of DeNon City Council Minutes June 1, 2004 Page 6 The following ordinance was considered: NO. 2004-160 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR A ZON1NG CHANGE FROM EMPLOYMENT CENTER INDUSTRIAL (EC-I) ZONING DISTRICT TO THE EMPLOYMENT CENTER COMMERCIAL (EC-C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 1.8 ACRES OF LAND LOCATED ON THE EAST SIDE OF MAYHILL ROAD, ON THE SOUTH SIDE OF UNIVERSITY DRIVE, AND APPROXIMATELY 1,500 FEET NORTH OF BLAGG ROAD IN 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. (Z04-0015) McNeill motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City of Council of the City of DeNon approving a license agreemem between the City of DeNon, Texas and the Girl Scouts Cross Timbers Council pertaining to the cominued use of a building located within Civic Center Park; and providing an effective date. Janet Simpson, Director of Parks and Recreation, stated that the Girl Scouts Cross Timbers Council had a building located on park property. The license agreemem would allow the group to continue to use the building in Civic Center Park. The agreement would formalize the relationship that the Girl Scouts and the City had had for a number of years. The following ordinance was considered: NO. 2004-161 AN ORDINANCE OF THE CITY OF COUNCIL OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE GIRL SCOUTS CROSS TIMBERS COUNCIL PERTAINING TO THE CONTINUED USE OF A BUILDING LOCATED WITHIN CIVIC CENTER PARK; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. City of DeNon City Council Minutes June 1, 2004 Page 7 B. The Council considered approval of a resolution of the City Council of the City of Denton, Texas, authorizing the City Manager, as Denton's authorized representative, to file a project application with the North Cemral Texas Council of Governmems (NCTCOG) for a regional solid waste program local project; authorizing the City Manager, or his designee, to act on behalf of the City of DeNon in all matters related to the application; and pledging that if a project is received, the City of DeNon will comply with the project requiremems of the NCTCOG, the Texas Commission on Environmemal Quality and the State of Texas; and providing an effective date. Capitan Joanie Housewright, Demon Police Departmem, stated that this resolution would authorize an application for a gram for a regional solid waste program local project. This would be an imeractive educational program for studems plus written material in English and Spanish. The following resolution was considered: NO. R2004-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) FOR A REGIONAL SOLID WASTE PROGRAM LOCAL PROJECT; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY OF DENTON IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED, THE CITY OF DENTON WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. Montgomery motioned, Kamp seconded to approve the resolution. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council considered approval of a resolution supporting the comract between the Demon Chamber of Commerce and Applied Behavioral Science and indicating its imemion to approve the applicable funding to perform an image and branding survey as recommended by the Economic Developmem Partnership Board and Image and Marketing Task Force. City Manager Conduff stated that this proposal came from the Economic Developmem Partnership Board Image and Marketing Task Force. Jerry Mohelnitzky, DeNon Chamber of Commerce, spoke in support of the proposal. The following resolution was considered: City of Demon City Council Minutes June 1, 2004 Page 8 NO. R2002-030 A RESOLUTION SUPPORTING THE CONTRACT BETWEEN THE DENTON CHAMBER OF COMMERCE AND APPLIED BEHAVIORAL SCIENCE AND INDICATING ITS INTENTION TO APPROVE THE APPLICABLE FUNDING TO PERFORM AN IMAGE AND BRANDING SURVEY AS RECOMMENDED BY THE ECONOMIC DEVELOPMENT PARTNERSHIP BOARD AND IMAGE AND MARKETING TASK FORCE; AND DECLARING AN EFFECTIVE DATE. Kamp motioned, McNeill seconded to approve the resolution with the understanding that the Economic Development Partnership Board totally supported the resolution. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance of the City of Demon, Texas, authorizing the City Manager to pay to Krum, Texas the sum of $155,244 for Denton's obligation respecting the oversizing of sewer lines, as provided for in that certain "Interlocal Cooperation Agreemem by and between the City of Demon, Texas and the City of Krum, Texas pertaining to the design and construction by Krum and oversize cost participation by Denton for the Krum gravity flow wastewater main"; authorizing the expenditure of funds therefor; and providing an effective date. P. S. Arora, Assistant Director of Wastewater Utilities, presented an overview of the proposal. A key component of the proposal was to construct a sewer line from Krum to Denton to be designed and constructed by Krum at Krum's expense. The project was well within budget and complied with the TCEQ requirements without overloading the wastewater plant. The following ordinance was considered: NO. 2004-162 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO PAY TO KRUM, TEXAS THE SUM OF $155,244 FOR DENTON'S OBLIGATION RESPECTING THE OVERSIZING OF SEWER LINES, AS PROVIDED FOR IN THAT CERTAIN "INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE CITY OF KRUM, TEXAS PERTAINING TO THE DESIGN AND CONSTRUCTION BY KRUM AND OVERSIZE COST PARTICIPATION BY DENTON FOR THE KRUM GRAVITY FLOW WASTEWATER MAIN"; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. City of DeNon City Council Minutes June 1, 2004 Page 9 E. The Council considered approval of a resolution authorizing the City Manager or his designee to approve a Right of Way Use Agreement, to allow public art and other improvements to be located in the City right of way at the northeast corner of Carroll Boulevard and Oak Street as part of the Carroll Addition, Lots 1 and 2, Block A, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet V, Page 106 of the Plat Records of Denton County, Texas, and providing an effective date. Paul Williamson, Real Estate Manager, stated that the applicant would like to place landscaping and public art on the site. There would be no problems with traffic site lines. The public art would be a rendering of an eagle perched on top of a tree. Council discussed whether the public art could change from the currem proposal and expressed a concern for the safety of the imersection. The following resolution was considered: NO. R2004-031 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPROVE A RIGHT OF WAY USE AGREEMENT, TO ALLOW PUBLIC ART AND OTHER IMPROVEMENTS TO BE LOCATED IN THE CITY RIGHT OF WAY AT THE NORTHEAST CORNER OF CARROLL BOULEVARD AND OAK STREET AS PART OF THE CARROLL ADDITION, LOTS 1 AND 2, BLOCK A, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET V, PAGE 106 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE. Montgomery motioned, Kamp seconded to approve the resolution. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. F. New Business There were no items of New Business suggested by Council. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda The City Manager did not have any items for Council. Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. The Closed Meeting was not cominued. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Demon City Council Minutes June 1, 2004 Page 10 There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 7:35 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES June 8, 2004 After determining that a quorum was presem, the City Council convened on Tuesday, June 8, 2004 at 4:00 p.m. in the City Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Montgomery, Mulroy, Redmon and Thomson. ABSENT: Council Member Kamp The Council did not meet in a Closed Meeting as listed on the agenda. The City Council convened in a Special Called Meeting to consider the following: 1. The Council considered adoption of an ordinance on first reading to volumarily annex 63.32 acres of land generally located west of Swisher Road, and north of Edwards Road in the eastern section of the City of Demon Extraterritorial Jurisdiction (ET J). The Planning and Zoning Commission recommended approval (4-0). (Longhorn Development ,4nnexation, ,404- O001) Larry Reichhart, Assistant Director of Planning and Development, presented the details of the annexation. Two public hearings had already been held. This was the first reading of the ordinance with the final reading to be held at the end of the month with a public hearing. The following ordinance was considered: FIRST READING AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 63.32 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED WEST OF SWISHER ROAD AND NORTH OF EDWARDS ROAD, IN THE EASTERN SECTION OF THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, DENTON COUNTY TEXAS, BEING A PORTION OF THAT CERTAIN CALLED 88 ACRE TRACT OF LAND CONVEYED TO BONNIE E. COONROD AND WIFE MARY LOU COONROD AS RECORDED IN VOLUME 432, PAGE 194, DEED RECORDS OF DENTON COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY ;PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A04-0001) McNeill motioned, Thomson seconded to adopt the ordinance on first reading. On roll vote, McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Following completion of the Special Called Meeting, the City Council convened in a Planning Work Session. City of Demon City Council Minutes June 8, 2004 Page 2 1. The Council received outcome statemems and held a discussion regarding Sustainable Development. City Manager Conduff stated that he would answer Council's questions regarding sustainable developmem or was available for commems. There was no discussion on this item. 2. The Council received a report and held a discussion on desired outcomes for Neighborhoods. Dedra Ragland, Comprehensive Planning and Research Manager, presemed information regarding neighborhoods. She stated that one aspect of neighborhoods was sustainability, which was needed in order to have cities cominue to thrive. She reviewed the neighborhood succession model that had three phases - design and developmem; stability; and maturity and decline. Recommendations included in the staff report were: (1) cominue to perform neighborhood small area planning; (2) utilize overlay districts and develop an infill developmem policy; (3) cominue to work with universities to perform collaborative planning with the city and surrounding neighborhoods; (4) enhance neighborhood service programs by providing funding and staffing to implemem educated and active neighborhoods and to mobilize resources and re-establish neighborhood enhancemem gram programs; (5) enhance code enforcemem pace program by providing adequate funding and staffing to implemem the initiative; (6) cominue to support economic and community developmem activities; and (7) enhance the COPS program by providing funding to continue program initiatives in Southeast Denton, Owsley and Fry Streets. Jorg Mast, UC Urban, presented information on their South of 7th Project. The project involved an urban village in the central city of Fort Worth. He reviewed the site characteristics, some of which included the location, the fact that it had very little frontage on 7th Street and the railroad cut through the developmem. The project was a public/private partnership with federal funds, a local match, which allowed for improvemems in the area such as pedestrian bridges and hard and softscape improvemems in Trinity Park. Townhouses, a hotel, a retail cemer, multifamily were included in the proposal. Council discussion included: · Consideration of dowmown Demon multimodal transportation station and parking in the area. · Demon needed to strengthen its core as much as possible. · A role the city could play beyond parking would be to provide developable sites for urban density quality developmem. · The effectiveness of rail service in Dallas/Fort Worth. · Combine train stations with good urban developmem. · Bring as much residemial as possible imo the core as it was good for retail business. · Discussion on small area plans-what plans were in place, pending and potemial - Fry Street and Denia were the only approved plans. · The Conservation District on Bell Avenue had been approved as well as the Dowmown Small Area plan. · Overlay versus infill - should be in conjunction with each other. City of DeNon City Council Minutes June 8, 2004 Page 3 · Quality of life should be considered however developmem progressed. · Small area plans needed to be flexible and not rigid. · What was the status of the infill policy-staff responded that at the last council meeting staff was directed to amend the impact fee ordinance and study small parcels to determine what action was needed. No consensus was listed by council that a new infill policy was needed. Additional direction might be needed. · More than one set of regulations would be needed for infill developmem depending on site selection - standards so that Planning Department would be able to approve the proposals and if not, then go to Council. · A full discussion on code enforcemem was needed such as what the departmem was currently doing, resources dedicated to code enforcement, code rangers similar to Fort Worth's project, neighborhood help and training on enforcement code. · Develop expectations of neighborhoods to assist the city as well as expectations the neighborhoods had for the city. 3. Suggestions for Agenda Committee on future agenda items and/or placement of items for upcoming agendas. This item was not discussed. With no further business, the meeting was adjourned at 5:35 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES June 15, 2004 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, June 15, 2004 at 11:30 a.m. in the Council Work Session Room. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery, Mulroy, Redmon and Thomson. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction regarding an update on the aquatic center and natatorium operations. Janet Simpson, Director of Parks and Recreation, presented information regarding the operation of the aquatic center and natatorium. An interlocal agreement passed in May 2002 made the City the managing partner of the project. The water works park was open for the general public and the natatorium was used by the DISD with open public uses available during non-DISD use. She indicated that the City would retain all income and revenue and was responsible for all maintenance and operational costs. The City would report profit or loss to the DISD with net profit held in reserve for routine capital maintenance and net losses split 50/50 between the City and the DISD. It was always anticipated that the natatorium would not be a profit maker while the water park would be. In 2003 the water park showed a profit while the natatorium did not for a loss of $273,000. Areas that exceeded the business plan projections included admission attendance, programming attendance, gift shop revenue, vendor commissions and locker rentals. Areas that did not meet the business plan projections included rentals attendance and revenue, admission revenue, concession revenue, programming revenue including DISD activities, and corporate sponsorships. She reviewed the statistics for the 2004 season projections. The 2004 season projections indicated that the water park would again show a profit but not the natatorium. There was a projected net loss of $630,000. Management issues stated that the water works park was projected to remain profitable, the natatorium deficit was projected to continue to exceed the water works park profits, and the program should continue to provide facility and programs that met the community needs. Options to reduce the funding deficit included contracting the program out to the private sector, renegotiate the interlocal agreement with the DISD, or continue the current agreement with DISD with a financial impact to both agencies. Staff recommendation was to continue with the current agreement with the DISD. It was felt that there needed to be future capital investments to the water park in order keep the market fresh and bring new attractions to the park for continue gains in admissions. Suggested changes in operation so as to help close the gap included refined marketing efforts, group rates for schools, churches and businesses, special event nights in the natatorium, expanded classes and camps, a price increase with natatorium admission included in that price, expanded evening hours at a discount, allow coolers and an expanded concession menu. Council discussion included: · Was there a problem with scheduling public use of the natatorium due to the use by the DISD? · What corporate sponsorships were anticipated before the natatorium was opened? · Consider the possibility of selling advertising at the natatorium/water works park-be careful not to change the nature of the facility with outside advertising. City of DeNon City Council Minutes June 15, 2004 Page 2 · While the program may take a while to develop, need to think about more aggressive marketing. · Future years may show a profit for both programs. · Not all of the revenue avenues had been explored-consider hiring a consultam to help with the marketing of the facilities. · Need to make sure on the same page with the DISD relative to the continued funding of the project. · Do a comparison of the admission prices with area water parks. · Add an attraction for adults, especially for those who do not like to go down the slides. · Make the facility comfortable for adults who attend with their children. · Include this topic for a future agenda with the DISD joint meeting. · Lay the groundwork for future investments now. 2. The Council held a discussion and determined membership to Council Committees. Mayor Brock indicated that the background information on the committees and current membership were included in the agenda backup materials. Council discussed the committees and made recommendations for membership. Consensus of the Council was to have Mark Burroughs continue as the City's representative to the subcommittees of the Regional Transportation Council he was currently serving. 3. The Council held a discussion and gave staff direction regarding Council Rules of Procedure, including but not limited to the recording of excused absences. City Attorney Prouty stated that all of the amendments made to this ordinance were periodically consolidated and this ordinance would consolidate a number of recem amendmems. Also included in the consolidation was a section on the ethics rules and a method to record and define excused absences. Council rules would include a definition of excused absences as adopted by the Boards and Commissions. Council discussion included: · The recording of absences would provide an accoumability measure for members not present at a meeting. · A suggestion to record and note absences but not note whether excused or not. · The philosophy that voters would hold the members accoumable for absences. · A suggestion to announce before a meeting who was absem and why and not deal with excused absences. · Use this proposal as a reporting mechanism during the start of the meeting. · Inform staff of absences ahead of the meeting. · It might not be good, for security purposes, to announce that a member was out of town. · Be more aware of schedules when calling special meetings or luncheon meetings. City of Demon City Council Minutes June 15, 2004 Page 3 Consensus of the Council was to announce before the start of the meeting which member was absem. Council members would notify the Council Assistam when attending official functions so that events would be represented. 4. The Council held a discussion and gave staff direction regarding the Council annual retreat. Mayor Brock indicated that the date for retreat would be July 22-23 at the Lantana Lodge. It was felt that topics to be discussed at the meeting should be council issues of interest. After discussion on the nature of the discussion topics, consensus of the Council was to submit to the City Secretary, three discussion topics per member for the Agenda Committee to consider. Those lists should be turned in within the next two weeks. With no further business, the meeting was adjourned at 1:40 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES June 15, 2004 After determining that a quorum was presem, the City Council convened in a Work Session on Tuesday, June 15, 2004 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery, Mulroy, and Thomson. ABSENT: Council Member Redmon. 1. The Council received a report, held a discussion and gave staff direction regarding way- finding signs. Linda Ratliff, Director of Economic Developmem, provided the Council with an update on wayfinding signs. The project started in 1994-95 with the Vision for DeNon. Money for the project was set aside in the CIP for 5 entranceway signs. The cost of those signs was restrictive and the project was not done. The Raise-the-Bar Campaign also indicated that wayfinding signs were needed in the city. The Dowmown Master Plan idemified wayfinding signs as a priority. The Economic Development Partnership Board recommended generic wayfinding signs starting on city streets with city right-of way. Facilities to be idemified included city facilities, county facilities, the Chamber, historic/museum sites, the Visual Arts Cemer and public parking. Locations were identified for placement of the signs. Staff was requesting direction from Council on whether to proceed with the recommended wayfinding plan, create a new design for the signs or wait until the Image and Marketing Campaign was completed. Council discussion included: · Cost of generic signs. · Dowmown area had the greatest need for wayfinding signs. · With generic signs, an appropriate logo could be added once it was selected. · The need to coordinate with TxDot for placement of signs on their right-of-way. Council Member Redmon arrived at the meeting. Consensus of the Council was to proceed with the staff recommendation to begin with the generic signs. 2. Council discussed the nomination process for the City's Boards and Commissions. Jennifer Walters, City Secretary, presemed information to the Council on the upcoming board and commission nomination process. She asked Council to submit nominations for consideration during the Council break. Consideration of the nominations was scheduled for the July 20th meeting with the reception tentatively scheduled for August 3rd. 3. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the meeting of June 15, 2004. City of DeNon City Council Minutes June 15, 2004 Page 2 Following the completion of the Work Session, the Council convened imo a Closed Session to consider the following: 1. Closed Meeting: mo Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Considered and discussed with City's attorneys the issues, valuation, potential 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, currently pending in the 21 lth District Court, Denton County, Texas. Considered and discussed with City's attorneys the issues, valuation, potential settlement, and status of litigation styled Patrick Robinson v. City of DeNon, DeNon County, Donaciano Camargo & Kansas City Southern Railway Co., Cause No. 2003-60130-393, curremly pending in the 21 lth District Court, Denton County, Texas. Bo Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072 and Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Deliberated 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 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. Discussed and considered 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. City of DeNon City Council Minutes June 15, 2004 Page 3 Regular Meeting of the City of DeNon City Council on Tuesday, June 15, 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 proclamation/awards for this meeting. B. June Yard-of-the-Momh Awards Mayor Brock presented Yard of the Month Awards to: Joe and Linda Davis Nancy Lowrey Harry and Charlie Marie Goss John and Jan Vann Ross and Carol Phillips Water Smart Yard-Dr. Annetta Ramsay Business - Bayless-Selby House Museum C. 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. Willie Hudspeth regarding minority hiring and the tree ordinance. Mr. Hudspeth again addressed his commems relative to there being no African American fire fighters. He felt he should not have to pay his taxes, as he was not represented in the fire department. 2. Bob Clifton regarding apartmem developmem at TWU. Mr. Clifton presemed information relative to TWU building apartmems on Locust Street. He reviewed the history of the developmem of TWU. Problems associated with the developmem included parking, the removal of a nature habitat and the closing of the RedBud Theater. He asked Council to delay providing utilities to the University umil it complied with city regulations. City of DeNon City Council Minutes June 15, 2004 Page 4 A representative of the 'Neighbors of TWU' regarding apartment development at TWU. No one was present at the meeting. Pam Brewer regarding amending the City ordinance pertaining to animal comrol in areas zoned industrial. Ms. Brewer stated that her home was zoned in an industrial area and the large undeveloped area was used primarily for the pasturing of animals. She recemly learned that her daughter was not able to keep her FAA animals on their property due to city regulations. She asked for an amendmem to the city's regulations in order that her daughter could keep her FAA animal projects on their property. Dessie Goodson regarding responsibility and "the shoe is on the other foot". Ms. Goodson complained about being harassed by the Police Departmem. The City needed to take responsibility for its actions. 4. CONSENT AGENDA Montgomery motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. A. Approved the minutes of May 4, May 11, May 18, and May 25, 2004. 2004-163 - 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 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). 2004-164 - 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 Comract for Corrugated Metal Pipe awarded to Comech Construction Products, Inc. in the estimated amoum of $40,000). 2004-165 - 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 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). City of DeNon City Council Minutes June 15, 2004 Page 5 mo 2004-166 - An ordinance accepting competitive bids and awarding a comract for the purchase of a loader backhoe with extendable dipper boom for the 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). Fo 2004-167 - 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 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) Go Approved 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 specifically asked for an exception to all dates to allow live music on Sunday. Ho 2004-168 - 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. 2004-169 - 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. Jo 2004-170 - 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. City of DeNon City Council Minutes June 15, 2004 Page 6 R2004-032 - A resolution of the City of DeNon, Texas, approving the 2005 Budget of the Denton Central Appraisal District; and declaring an effective date. 2004-171 - An ordinance authorizing the advertisemem 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 A. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 3.6 acres from a Neighborhood Residemial 2 (NR-2) zoning district to a Neighborhood Residemial 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 was generally located on the southeast corner of Santa Monica Drive and E1 Paseo. The Planning and Zoning Commission recommended approval (5-1). (Z04-0018, Shadowbrook Villas) Kelly Carpemer, Director of Planning and Development, presented the details of the proposal. There was 5.3% opposition to the case. Only two residents attended a neighborhood meeting. This was a good example of an infill project. Per the request of the developer, the property would be limited to 8 units when 12 could be developed. The Mayor opened the public hearing. The following individual spoke during the public hearing: Jim Strange, 3613 Falcon Court, Denton, 76210 - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-172 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE 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, 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 THAN WOULD BE NORMALLY PERMITTED IN THE NR-3 DISTRICT, INCLUDING THE REDUCTION OF THE NUMBER OF PERMITTED RESIDENTIAL 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 SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0018) City of DeNon City Council Minutes June 15, 2004 Page 7 McNeill motioned, Thomson seconded to adopt the ordinance with the noted restrictions. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 13.07 acres, consisting of approximately 1.27 acres from a Employmem Cemer Commercial (EC-C) zoning district to a Neighborhood Residemial 6 (NR-6) zoning district; approximately 0.82 acres from a Neighborhood Residemial 2 (NR-2) zoning district to a Employmem Cemer Commercial (EC-C) zoning district; approximately 4.5 acres from a Neighborhood Residemial 2 (NR-2) zoning district to a Neighborhood Residemial 4 (NR-4) zoning district; and approximately 6.4 acres from a Neighborhood Residemial 2 (NR-2) zoning district to a Neighborhood Residemial 6 (NR-6) zoning district. The property was located approximately 450 feet north of Bent Creek Drive, approximately 100 feet east of Fort Worth Drive, on the west side Coumry Club Road. The Planning and Zoning Commission recommended approval (4-0). (Z04-0016, Central Village Estates) Kelly Carpenter, Director of Planning and Development, presented the details of the proposal. She stated that the Council had already approved the comprehensive plan amendmem in May. The changes were being made in order to make the boundaries more even. The developer and neighborhoods had worked together on the proposal. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Vicki Oppenheim, representing the petitioner, spoke in favor. Steve Ehrlich, Cemral Builders, spoke in favor. A Commem Card was received from Walt Parker in favor of the proposal. The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-173 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF APPROXIMATELY 13.07 ACRES, CONSISTING OF 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 City of DeNon City Council Minutes June 15, 2004 Page 8 OF BENT CREEK DRIVE, APPROXIMATELY 100 FEET EAST OF FORT WORTH DRIVE, ON THE WEST SIDE COUNTRY CLUB ROAD IN 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 EFFECTIVE DATE. (Z04-0016) Thomson motioned, McNeill seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered 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 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. Charles Fiedler, Director of Engineering, stated that Council had discussed this ordinance several weeks ago in a work session. The proposed ordinance included an implememation fee of $5000 or one percent of the oversizing costs, whichever was greater. The per transaction fee had been omitted from the ordinance. The indemnity clause had also been amended per prior council discussion. Council discussion included: · The proposal raised the initial out of pocket costs for the first developer from the prior proposal. · The proposed ordinance could be used as an economic developmem tool for the city. · DeNon would be one of a few cities in Texas that would offer such a program. · A suggestion of dividing the fee into two portions rather than the initial outlay of the full fee. Melissa Lindelow, 1717 Main Street, #2800, Dallas, 75201, submitted a speaker card for the item. She felt the fee was too high and needed to be closer to what was generating the staff time for administration of the ordinance. She suggested a split payment option; a fee based on 1% of the oversize improvemems or $5000 whichever was less; or a fee based on the number of fees existing at time, not to exceed $5000. The following ordinance was considered: City of Demon City Council Minutes June 15, 2004 Page 9 NO. 2004-174 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; RENUMBER1NG 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. McNeill motioned, Mulroy seconded to adopt the ordinance with an amendment to allow for a split payment of the $5000 fees into two increments and to take out the 1% amount. Staff would look at the cost and re-evaluate the ordinance in one year. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council considered an exaction variance of Section 35.19.4 (A)(5) of the Code of Ordinances concerning Drainage Standards. The 9.071-acre parcel was located on the North side of Wind River Lane just east of the Wind River Subdivision. A multi-screen movie theatre was proposed. The Planning & Zoning Commission recommended denial (4-2). (V04- 0001 Cinemark Addition Drainage Variance) McNeill motioned, Montgomery seconded to table the item until the July 20th council meeting. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council considered 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 amount of $651,575). Tom Shaw, Purchasing Agent, stated that this bid was for the replacemem of five refuse trucks. The lowest bid had been received from Peterbilt. The following ordinance was considered: NO. 2004-175 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FIVE REFUSE TRUCKS FOR THE SOLID City of Demon City Council Minutes June 15, 2004 Page 10 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 1N THE TOTAL AMOUNT OF $651,575). Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council considered approval of a resolution adopting the 2004 Lake Forest Park Master Plan of the City of Denton; and providing an effective date. Bob Tickner, Superintendent of Parks Planning, presented a layout of the Lake Forest Park Master Plan. A public meeting had been held in February regarding the proposed park. The proposal included the construction of an entry road on the east side of the property, parking lots in mid section of the proposal, neighborhood type playground, and the south portion would have a dog park. There would be hard surface trails all around the lake with an athletic practice field, tennis courts and multipurpose courts. This park would be designated as a community park to serve more than just the surrounding neighborhood. The following resolution was considered: NO. R2004-033 A RESOLUTION ADOPTING THE 2004 LAKE FOREST PARK MASTER PLAN OF THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Thomson seconded to approve the resolution. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. E. The Council considered 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 development 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). The following ordinance was considered: NO. 2004-176 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DUNKIN SIMS, STOFFELS, INC. TO PROVIDE DESIGN AND DEVELOPMENT SERVICES FOR LAKE FOREST PARK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE (RFP 3176 IN AN AMOUNT NOT TO EXCEED OF $62,100). City of DeNon City Council Minutes June 15, 2004 Page 11 Mulroy motioned, McNeill seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance approving an amendment to an agreemem between the City of DeNon 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. Mark Nelson, Director of Airport and Transportation Operations, presented the details of the proposal. This was an extension and expansion of the service agreement. It included a one-year extension of the current contract and transition of vehicle maintenance to McDonald Transit from the City. The operations would be relocated from the Service Center to the Solid Waste Facility. Dessie Goodson, 1511 North Elm #8, Denton, 76201, questioned the details of the agreement. The following ordinance was considered: NO. 2004-177 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. McNeill motioned, Mulroy seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. G. The Council considered 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. Mark Nelson, Director of Airport and Transportation Operations, presented details of both items 6G and 6H. The proposals would extend the agreement with UNT to increase number of hours of service to studems, staff and faculty. $271,000 would be provided by UNT to purchase 15 transit vehicles with $75,000 for minor make ready work on the vehicles. Dessie Goodson, 1511 North Elm #8, Denton, 76201, stated that the City should not do this agreement as UNT had its own buses or the students should ride LINK service. City of Demon City Council Minutes June 15, 2004 Page 12 The following ordinance was considered: NO. 2004-178 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 PROVIDING FOR AN EFFECTIVE DATE. Kamp motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. H. The Council considered 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. The following ordinance was considered: NO. 2004-179 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. Mulroy motioned, Kamp seconded to adopt the ordinance. Dessie Goodson, 1511 North Elm #8, Demon, 76201, spoke in opposition. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. I. The Council considered 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 City of Demon City Council Minutes June 15, 2004 Page 13 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. Kenneth Banks, Water Resource Manager, stated that the City had been working with a consulting firm and Texas A&M on two water grants to show incentive based pollution control programs on Lake Lewisville. The Texas Commission on Environmemal Quality encouraged the City to apply for a grant to understand the nature of pollution in the Hickory Creek arm and provide a pilot project. The projected time line was a three-year frame with start date of February 2005. The following ordinance was considered: NO. 2004-180 AN ORDINANCE OF THE CITY OF DENTON, 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 COMPONENT OF A WATERSHED- BASED WATER QUALITY TRADING PROGRAM" (THE SECTION 319 GRANT) 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 GRANT, AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. J. The Council considered adoption of an ordinance of the City of Demon, 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 documents 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. John Cabrales, Public Information Officer, stated that the settlement was a result of an audit done by the City on Charter's Call Center regarding customer service issues. Part of the settlement would provide for enhanced governmem and local programming plus address a methodology to report call center violations in the future. City of Demon City Council Minutes June 15, 2004 Page 14 The following ordinance was considered: NO. 204-181 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 MANGER 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. Montgomery motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. K. The Council considered approval of a nomination to the Historic Landmark Commission. Redmon motioned, Brock seconded to approve the nomination of Donna Morris to the Historic Landmark Commission. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. L. New Business The following items of New Business were suggested for future agendas: 1. Mayor Pro Tem McNeill requested an update on the opening date of Spencer Road. 2. Council member Redmon requested information on impact fees as they related to infill development. 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. City of Demon City Council Minutes June 15, 2004 Page 15 O. 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 8:40 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: July 20, 2004 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT - Z04-0002 (Longhorn) Hold a public hearing and consider adoption of an ordinance rezoning approximately 19 acres from the Neighborhood Residential 4 (NR-4) zoning district to the Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district, and approximately 63 acres to the Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district. The property is generally located west of Swisher Road, and approximately 1,500 feet north of Edwards Road. The Planning and Zoning Commission recommends approval (6-0). BACKGROUND Applicant: One Longhorn Land I, L.P. Dallas, TX The applicant proposes to zone approximately 88 acres to an NRMU-12 zoning designation. The subject property is located in the city limits following your consideration of the annexation case (A04-0001) earlier this evening. The Planning & Zoning Commission recommended the annexation request (A04-0001) at its May 26, 2004 meeting. A variety of neighborhood services and housing types are permitted within the NRMU-12 zoning district. A multi-family development with a golf course is proposed. The multi-family use is permitted in the NRMU-12 zoning district, however the golf course is classified as outdoor recreation and requires approval of a Specific Use Permit (SUP) in addition to the zoning. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (6-0). ESTIMATED PROJECT SCHEDULE The subject property is not platted. Preliminary and final plats are required prior to issuance of any building permits. PRIOR ACTION/REVIEW The following is a chronology of Z04-0002: On June 23, 2004, the Planning & Zoning Commission approved (6-0) to rezone approximately 19 acres from the Neighborhood Residemial 4 (NR-4) zoning district to the Neighborhood Residemial Mixed Use 12 (NRMU-12) zoning district, and approximately 63 acres from incorporated City of DeNon Extraterritorial Jurisdiction (ET J) to the Neighborhood Residemial Mixed Use 12 (NRMU-12) zoning district. Ordinance 2002-040, adopted February 2002 placed 27 acres of the subject property in the Neighborhood Residemial-4 (NR-4) zoning district and land use classification. Prior to the adoption of the Developmem Code (Ordinance 2002-040), the property was zoned Agricultural. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification (Property Owner Notification Map) 4. Site Photo 5. Public Notification Responses 6. Minutes from the June 23, 2004, Planning & Zoning Commission Meeting 7. Draft Ordinance Prepared by: Chris Fuller Planner I Respectfully submitted: Kelly Carpemer, AICP Director of Planning and Developmem ATTACHMENT 1 Staff Analysis Summary_ of Zoning Request The applicant proposes to zone a total of approximately 88 acres NRMU-12 zoning designation. A multi-family developmem with golf course is proposed. Though multi-family uses are permitted in the NRMU-12 zoning district, a Specific Use Permit (SUP) is required for outdoor recreational uses. Existing Condition of Property The subject property is undeveloped at this time. Adjacem Zoning North: industrial Cemers - General (IC-G) zoning district South: Neighborhood Residemial - 6 (NR-6) and Neighborhood Residemial Mixed Use -12 (NRMU- 12) zoning districts East: Extraterritorial Jurisdiction (ET J) West: Neighborhood Residemial Mixed Use - 12 (NRMU-12) and industrial Cemers - General (lC-G) zoning districts There are single-family residemial uses and agricultural use adjacem to the south. The properties to the north are undeveloped and owned by the City of Demon for future expansion of the City of Denton Landfill. The properties to the west consist of multi-family residential uses and a golf course, curremly under construction, and City of DeNon property for future expansion of the City of DeNon Landfill. Single-family residemial uses are located to the east. Comprehensive Plan Analysis The subject site is located in a "Neighborhood Centers" future land use area. Neighborhood Centers Development allows 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 allows uses that serve neighborhoods like school and civic uses, post offices, parks, mass transportation hubs, limited service-oriented retail and office, ecumenical and service organizations. The request to rezone the subject property is compatible with the Future Land Use Plan (Neighborhood Cemers) and is in compliance with the DeNon 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. The property may be affected by pending alignmem of Lakeview Boulevard, which runs north-to-south through the eastern portion of the proposed development. On February 3, 2004 City Council approved the Route 4 alignmem for the extension of Lakeview Boulevard. The applicam has been notified of this proposed alignmem and is willing to work with the City of Denton Engineering Department. Access and Connectivity The site will be accessed from Edwards Road and the future Lakeview Boulevard, which is planned as a six-lane divided primary arterial. Alternative north-south connectivity for this sector of the City will be provided through Mayhill Road. Public Infrastructure There are no water or sewer mains adjacent to the property. Development Code / Zoning Analysis The proposed NRMU-12 zoning of the subject property will continue the emerging neighborhood center node in the area. Property to the west of the site is zoned NRMU-12 and consists of multi-family residential uses and a golf course, which are currently under construction. The subject property is also within walking distance to the Villages of Carmel development, located to the south, that will contain a town center, parks, town homes, multi- family and single-family uses, and retail. Though adequate facilities do not yet exist near the site, the subject property is located within an urbanizing area with significant projected growth. Based on the current NR-4 zoning district, 4 dwelling units are allowed per acre for single-family uses, in the form of detached units and duplexes. Attached single-family dwelling units are allowed with approval of a Specific Use Permit. The NRMU-12 zoning district permits 12 dwelling units per acre, allowing a maximum of 1,056 dwelling units. The NRMU-12 zoning district permits detached single-family dwelling units, attached single-family dwelling units (i.e. townhomes) and duplex units. Group Homes are allowed with approval of a Specific Use Permit. The chart below illustrates the difference between the zoning districts. Limitations for each use are explained below the chart. Single Family Dwellings P P SUP Accessory Dwelling Units L (1) L (1) Attached Single Family Dwellings SUP P Dwellings Above Businesses N P Live/VVork Units N P Duplexes L (3) P Community Homes For the P P Disabled Group Homes N SUP Multi-Family Dwellings N P Maximum density, dwelling units per acre 12 Maximum lot coverage 60% 60% Minimum landscaped area 40% 40% Maximum building height 40 feet 40 feet Limitations: L (1): 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. The limitations listed above regulate the specifics of each use allowed within the zoning district. An approved site plan, as well as preliminary and final plats, for the proposed developmem will be required prior to the issuance of any building permit. Staff Findings · The proposed zoning contributes to the emerging neighborhood center node; · The proposed zoning is appropriate for the subject property as it is located within an urbanizing area; · The proposed zoning is in compliance with The Demon Plan and is compatible surrounding land uses. Staff Recommendation Based on the above findings, staff recommends approval of the requested zoning change. ATTACHMENT 2 Location/Zoning Map Land Use Map ATTACHMENT 3 Notification Map NORTH Limits of 200' Notification SiTE Scale: None Public Notification Date: June 8, 2004 200' Legal Notices* sent via Certified Mail: 3 Number of responses to 200' Legal Notice: · In Opposition: 1 · In Favor: 0 · Neutral: 0 Opposition is currently 7.9% *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ATTACHMENT 4 Zoning Notification Sign ATTACHMENT 4 Zoning Notification Sign ATTACHMENT 5 Public Notification Responses Name & Address Opposed / In Written Remarks Favor / Neutral Guy Wade Willis This area was not supposed to be 5367 Edwards Road Opposed developed, when landfill was built. No protection for the trees under mixed use zoning. CondensoltTM 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 i4 15 16 17 18 19 20 21 22 23 24 25 Page 181 COMMISSIONER POWELL: Ite~ll 7H, rezoning of approximately 25 acres from Neighborhood Residential 4 zoning district to Neighborhood Residential Mixed Use zoning district. And approximately 63 acres from incorporated City of Denlon Extraterritorial Jurisdiction to Neighborhood Residential Mixed Usc zoning district. The property is located west of Swisher Road and approximately 1,500 feet north of Edwards Road. Multi-family and golf course uses are proposed. Mr. Fuller. MR. FULLER: The applicant is requesting to rezone approximately 25 acres from the NR-4 to the NRMU-12 1 2 3 4 5 6 7 8 9 10 11 12 Page 183 is currently unincorporated. We are running the annexation of the unincorporated area portion concurrently with the zoning so that we can finish it all up at the same thne. The property to the north and to the west is industrial and it's my understanding it formerly the sanitary landfill. And there's an existing development called the Timbers to the south and west that is multi-family with nine holes of golf. It is our owner's intent to do something similar to that and add another nine holes of golf. It may or may not be tied in with Mr. Jones' development of the Timbers at this point, district. And approximately 63 acres fi'om the Extraterritorial Jurisdiction to the NRMU-t2 zoning district, in which the Commission reconunended approval. This itan will be going concurrently with the annexation request to City Council July 20th. A multi-family development and a golf course are proposed. The muttefamily is allowed by right within the ~4auu-12 zoning district. The golf course will require approval of the Specific Use Permit. Staff has received one written response in opposition for property owners within 200 feet of the site. Opposition is currently 7.9 percent. Staff finds that the proposed zoning contributes to the emerging Page 182 neighborhood center node in the area. The proposed zoning 13 14 ~5 16 17 18 19 20 21 22 23 24 25 But I'm here to answer any questions and ask for your approval COMMISSIONER POWELL: Any questions of the applicant? Mr. Roy has one. COMMISSIONER ROY: Yeah. That road is, you know, I don't see how people are going to get there. What's your understanding about the plans for Swisher Road and the development of Swisher Road? MR. WEBB: LISt me put this here. How do you run that? COMMISSIONER ROY: It'S automatic. MR. WEBB: Oh, it's automatic. COMMISSIONER POWELL: They're going to do it for you. Page 184 is appropriate for the subject property as it is located within an urbanizing area and the proposed zoning is in compliance with the Denton Plan and with surrounding zoning districts. Based on the above findings, staff reco~mnends approval. Thank you. COMMISSIONER POWELL: Thank you, sir. Mr. Roy. COMMISSIONER ROY: Yes. You say there's one in opposition. Do we have a note or a copy of the opposition? MR. FULLER: YeS. Y011 should have received that at the work session. COMMISSIONER ROY: TH, oh, I think this nmst be an H. Okay. Thank you. COMMISSIONER POWELL: Any other questions of staff?. No other questions, I will ask for the applicant. Please give us your nmne and address, sir. Thank you for waiting this long time. MR, WEBB: Last but least as well. My name is Mark Webb. I reside at 6324 Bandaro Avenue, Dallas, Texas. I represent the owners here Longhorn Development. As Mr. Fuller pointed out, this is really -- it's one tract but it's broken into two pieces in that a portion of this has been annexed and zoned previously. And a portion 3 4 5 6 7 8 9 10 11 t2 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. WEt3~: There we go. I recdved this from the City. This is the proposed alignment of Lakeview Boulevard, file adopted route. As you can see, it's coming through the tract. Here's another -- well, let me move this, another one. This is the site right in here. So you're right, right now access is inadequate. So -- COMMISSIONER ROY: SO you're saying you're counting on Lakeview Boulevard to provide access? MR. WEBB: Yes, sir. COMMISSIONER ROY: okay. One more question. We just received this opposition comment. Have you seen this docmnent? MR. wgau: Yes. I looked at it briefly earlier. COMMISSIONER ROY: Could you eontrnent on the gentleman's assertions here? MR. WEBB; Do~s somebody have a copy of that? It says that this area was not supposed to be developed when landfill was built. I'm not sure what that means other ttmn this person may think that this used to be portion of the landfill. And I understand from Mr. Cook that it is not. COMMISSIONER ROY: where is the landfill relative to your site? PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 181 - Page 184 CondcnscltTM 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 9 20 21 22 23 24 25 Page 185 MR. WEBB: It is north and west, so it would be -- COMMISSIONER ROY: Is it contiguous to your site? MR. WEBB: Yes. It's adjacent to -- on the north and the west side. That's my understanding. COMMISSIONER ROY: Okay. MR. WEBB: But this site was not a part of that. His second one is no protection for the trees under mixed use zoning. I don't think we're asking for mixed use zoning, are we? Well, yeah, we are. I think we're going to fall under the same tree ordinance as everyone else, aren't we? COMMISSIONER ROY: Hope SO. MR. WEBB: SO l' also noticed that the applicant abuts us to the south and his tract is currently zoned NRMU-12, the smyte thing we're asking for. So we would certainly be compatible with his tract. COMMISSIONER POWELL: Any other questions of the applicant? Staff has a short cmmnent. MS. CARPENTER: I'm sorry, Mr. Chairman. I'd just like to make sure that we all understand that this is an unincorporated piece of property that's being considered for rezoning. The only reason why we're reiterating that is because the title of the Agenda item Page 186 l 2 3 4 5 6 7 8 9 10 11 12 13 14 I5 16 17 18 19 2o 21 22 23 24 25 Page 187 preservation. COMMISSIONER POWELL: Thank you, sir. PIi open the public hearing if I haven't before and we'll ask if there's anybody in the public, in the audience who'd like -- in the audience who'd like to speak for or against, and I have a card from a Mark Webb who would like to speak for. MR. WEBB: That was me. COMMISSIONER POWELL: Thank you, Mr. Wcbb. We have another speaker. MR. DEVRIS: My name is John DeVris. I live at 4099 Swisher Road. MR. RE[CHHART: which map are you referring to? MR. DEVRIS: The one with the site -- there. That right there. I own that -- ~[ own the 15 acres just to the south. COMMISSIONER POWELL: The red one, sir? MR. DEVRIS: NO. Right here. That's my house. On that 15 acres is my dream home and according to your last map, Lakeview Bmflevard goes right through my hying room, which it's -- they're going to move. I don't think it's going to go through there. I want to say just a couple of things. I'm not against this. I mean, I love an apartment complex just north of me -- but, all cynicism Page 188 seems to lead you to believe that it's incorporated, but it isn't. It's clearly unincorporated. It's in the ETJ. COMMiSSiONER ROY: SO that means that -- well, we don't have a tree preservation ordinance anyway, right? MS. CARPENTER: well, they're -- they have an annexation pending, sir. So by file time this would -- this zoning accompanies the annexation. The Council will hear the annexation and then the next item would be the rczoning. So thca it would bc in file City and it would have City zoning and theu it would be subject to the Tree Preservation Ordinance once it's adopted. MR. WEBB: SO at the end of the day, what I'm hearing is that we're okay? MS. CARPENTER: Un[ess you file a preliminary plat before the tree ordinance is adopted. COMMISSIONER POWELL: Any Other questions of the applicant? Seeing none -- Mr. Reichhart, are you here to help us out in some way? MR. REICHHART: Just a point of clarification. Some of tile property, this rear portion is in the City. The majority is -- we had the annexation case recently. And as they go to plat, there is ES^ tre~s, and if they're doing multi-family, they would be subject to the ~s^ regulations also and the trcc 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 f7 t8 19 20 21 22 23 24 25 aside, file concern I have is what you brought up. Swisher Road is in no way, shape or form able to handle any kind of heavy earth-moving equipment. I was told, and tell me if I'm wrong, that if they get approval, before they move earth before they put up buildings. If they try to move any kind of heavy earth moving equipment on that road, the road will disintegrate within a couple of weeks. In its best days it was a little country road. Now, it's filled with potholes. And I know we're going to progress, and I'm all for that. I just want to make sure that mad is in place to do that. Secondly, my property -- my property resides within the City. I think I'm thc last fam~ in the City of Denton. And once that property north of me is annexed, that will be in the City. However, that road is not in the City and is not proposed to be in the City. So I don't know what your jurisdiction is. That road is a County road. But it will have to be improved before they start, you know, developing that property. Because I saw what happened down at Edwards where the otlier golf course was, and that's turning out Ia be a very nice place, but they tore the heck out of the road. And that road was in much better shape than ours. And there aren't too many families out there, but here's just a -- my wife ires a heart condition. PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 185 - Page I88 CondenseltTM 1 2 3 4 5 6 7 8 '9 10 1! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 $ 6 7 8 9 10 11 12 13 14 15 16 i7 18 19 20 21 22 23 24 25 Page 189 My son is a diabetic and I would hate to have tile road torn up and me need to get some kind of medical attention there. So I just want to point that out that they're going to have to upgrade that road before it can handle anything. COMMISSIONER POWELL: Thank you, sir. MR. DEVRIS: Thank you very much. COMMISSIONER POWELL: ^ny other speakers for or against? Seeing none, I'll close thc public heafing and I will give the applicant a chance for rebuttal since there was a speaker somewhat against. MR. WEBB: when we received this drawing here from the City showing Lakeview Boulevard whence it is I discussed it with our client and we think a better location would be fight hem. We don't want to bifurcate our site. So when the time comes and the public hearings are held on the exact location of Lakeview Boulevard, wc would recormnend that that be moved over so it doesn't go through this gentleman's house and it follows the alignment of Swisher Road, the existing Swisher Road on the south. And the two small tracts we have over here, you know, we can work that out. But this, we think, is a general alignment and not specific yet. So and we would not be moving any earth-moving equipment in or anything else until we've got Page 190 the plans approved and the monc~ lined up. So I'll just pass tbat on. COMMISSIONER POWELL: Thank you. Any questions of the applicant? Seeing none and since the public hearing has becn opened and closed officially if there are any discussion up he-re or a motion? Ms. Hok. COMMISSIONER HOLT: what is the procedure if he does get the money and the plans lined up in the next, you know, six months, and they start moving dirt, what -- and Swisher Road is torn up, then what? MS. CARPENTER: I'm going to have to ask David to come and address that question specifically, because first of all, he's going to have to get a plat approved, okay, and we don't generally allow persons to have grading -- clearing and grading permits which would entail tile first equipment, before thc final plat is approvable. And then riley would have to get a building permit to actually move oth~r equipment on the site. MR. SALMON: That's correct. The plat would have to be in a form that would be acceptable for us to place it on your Agenda in order to get the clearing and grading permit and I can pretty well guarantee that with tile development of this size and the traffic that it would generate that there's going to be a significant alnount of off-site transportation improvements involved 5 6 9 10 11 12 13 14 !5 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 191 which would include, of course, Swisher Road, and those plans would have to be approved as well. So there's not really any way to start moving dirt on this property in advance of having approved plans for Swisher Road and probably other transportation improvements as well. COMMISSIONER HOLT: Thank you. COMMISSIONER POWELL: Any other questions? Mr. Johnson. COMMISSIONER JOHNSON: And what will we call this route for Lakcview, number what? MR. SALMON: ^ctually, the maps that the gentlemen has shown are actually the maps and they're -- and he's right they are just very schematic like we explained in our meetings when we had Lakeview Boulevard. And to be honest, it's pretty premature at this point to even speculate exactly where Lakeview is going to go other than it's going to be in approximately that location. COMMISSIONER POWELL: That Wasn't a cynical question, was it? COMMISSIONER JOHNSON: NO, sir. COMMISSIONER POWELL: ^ny other discussion? If there's no oilier discussionl I'd like to see a motion. COMMISSIONER HOLT: I move approval. COMMISSIONER STRANGE: second, COMMISSIONER POWELL: We have a motion and Page 192 a second to approve Itean 7H. Any discussion on that? I'll call for a vote. Mr. Strange -- there you go. Motion passes 6-0. Ilmn SA, item for consideration, consider a motion to reconsider the recommendation made for Z4~gl8 pertaining to an amendment to the Concept Plan and a detailed plan for approximately 6.5 acres with planned development 176. The property is generally located 1600 feet east of Teasley Lane, 2,100 feet south of Robinson Road. One gas well site was proposed. This is not a public hearing. It's an iteln for reconsideration. And since I called for it, I'll open the discussion if you don't mind. After the meeting was over that night, I got to thinking and I thought it for quite a while later that the gentleman that came before us really didn't have it together and was not used to coming before a City to get a gas well. And another thing that bothered me and I kind of felt sorry for him, to be honest with you. Another thing that bothered me was that we only touched on the fact that this is going to be a conunercial property, not just a gas well property and that a lot of the considerations we were getting from tile neighborhood might be obliterated by the fact that there's going to be conunercial development on that. So that's my reasoning for asking for the PLANNING AND ZOlqING JUNE 23RD, 2004 MINUTES Page 189 - Page 192 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE ZONING OF AN APPROXIMATE 82ACRE TRACT OR PARCEL OF LAND TO THE NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT, APPROXIMATELY 25 ACRES OF WHICH IS CURRENTLY ZONED NEIGHBORHOOD RESIDENTIAL 4 (NR-4) AND APPROXIMATELY 63 ACRES OF WHICH IS BEING CONCURRENTLY ANNEXED INTO THE CITY OF DENTON; SAID 88 ACRE TRACT IS GENERALLY LOCATED IN THE GIDEON SURVEY, ABSTRACT NO. 1330, WEST OF SWISHER ROAD, AND · APPROXIMATELY 1,500 FEET NORTH OF EDWARDS ROAD IN 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. (Z04-0002) WHEREAS, One Longhorn Land I, L.P. has applied for zoning for approximately 82 acres of land located west of Swisher Road, and approximately 1,500 feet north of Edwards Road and more particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") to Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, approximately 19 acres of which is currently zoned Neighborhood Residential 4 (NR4) zoning district classification and use designation and approximately 63 acres of which is being currently annexed into the City of Denton; and WHEREAS, on June 23, 2004, the Planning and Zoning Commission recommended approved the requested zoning application; and WHEREAS, the City Council finds that the zoning of the Property is consistent with the Comprehensive Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Property is hereby zoned as Neighborhood Residential Mixed Use 12 (NRMU-I2) zoning district. SECTION 2. The City's official zoning map is amended to show the change in zoning district classification. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 4. Anyperson violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (i0) 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 FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 2 Exhibit A All of certain tract of land lying and being situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being a portion of that certain called 88 acre tract of land conveyed to Bonnie E. Coonrod and wife Mary Lou Coonrod, recorded in Volume 432, Page 194, Deed Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point found for the northwest comer of a 4.19 acre tract of land conveyed to Bobby Coonrod, recorded in Volume 961, Page 348, Deed Records of Denton County, Texas, said point being in the north line of said 88 acre tract and being North 86 degrees 46 minutes 50 seconds West, 304.31 feet from the northeast comer of said 88 acre tract, said point being in the south line of the tract of land conveyed to the City of Denton, recorded in Volume 1177, Page 166, Deed Records of Denton County, Texas, and also being in the south line of the existing Denton city limits line established by Ordinance Number 83-18; THENCE South 02 degrees 30 minutes 20 seconds West, along the west line of said 4.19 acre tract, and through the interior of said 88 acre tract, a distance of 598.74 feet to a point for a comer, said point being the southwest comer of said 4.19 acre tract; THENCE South 86 degrees 34 minutes 09 seconds East, along the south line of said 88 acre tract, and said 4.19 acre tract, and through the interior of said 88 acre tract, a distance of 304.44 feet to a point for a comer, said point being the southeast comer of said 4.19 acre tract, same being in the east line of said 88 acre tract, same being in the right-of-way of Swisher Road; THENCE South 02 degrees 13 minutes 37 seconds West, along the east line of said 88 acre tract, a distance of 296.49 feet to a point for a comer, said point being the northeast comer of a 1.06358 acre tract of land conveyed to Rhonda Burkhardt, recorded in Volume 5214, Page 2952, Deed Records of Denton County, Texas; THENCE North 87 degrees 35 minutes 54 seconds West, along the north line of said 1.06358 acre tract, and through the interior of said 88 acre tract, a distance of 303.25 feet to a point for a comer, said point being the northwest comer of said 1.06358 acre tract; THENCE South 02 degrees 28 minutes 11 seconds West, through the interior of said 88 acre tract, a distance of 303.97 feet to a point for a comer; THENCE acre tract, of said 88 South 87 degrees 35 minutes 54 seconds East, through the interior of said 88 a distance of 303.25 feet to a point for a comer, said point being in the east line acre tract, same being in the right-of-way of said Swisher Road; THENCE South 02 degrees 28 minutes 11 seconds West, along the east line of said 88 acre tract, a distance of 399.60 feet to a point for a comer, same being the north line ora tract of land conveyed to John M. Devries, recorded in Volume 4792, Page 458, Deed Records of Denton County, Texas, said point being in the north line of the existing Denton City limits line established by Ordinance Number 84-17 tract II1; THENCE North 86 degrees 55 minutes 35 seconds West, along the south line of said 88 acre tract, and along the north tine of said Ordinance Number 84-17 Tract III, a d/stance of 1743.84 feet to a point for a comer; THENCE North 87 degrees 23 minutes 12 seconds West, continuing along the south line of said 88 acre tract, and along the north tine of said Ordinance Number 84-17 Tract I11, a distance of 660.37 feet to a point for a comer, said point being the southwest comer of said 88 acre tract; THENCE North 02 degrees 26 minutes 20 seconds East, along the common line of said 88 acre tract, and a tract of land conveyed to the City of Denton, recorded in Volume 114, Page 84, Deed Records of Denton County, Texas, a distance of 1611.35 feet to a point for a comer, said point being the northwest comer of said 88 acre tract, same being in the south line of said Ordinance Number 83-18; THENCE South 86 degrees 46 minutes 50 seconds East, along the common line of said 88 acre tract, and a tract of land conveyed to the City of Denton, recorded in Volume 1177, Page 166, Deed Records of Denton County, Texas, and the south line of said Ordinance Number 83-18, a distance of 2099.88 feet to the POiNT OF BEGINNING and containing 3,580,734 square feet or 82.20 acres of land. C:hmydocumentsXP-3365A.doc AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: July 20, 2004 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT- Z04-0019 (Church's Chicken) Hold a public hearing and consider adoption of an ordinance rezoning approximately 0.56 acre from the Neighborhood Residemial 4 (NR-4) zoning district to the Neighborhood Residemial Mixed Use (NRMU) zoning district. The subject property is generally located south of McKinney Street, approximately 900 ft. west of Loop 288. The Planning and Zoning Commission recommends approval (6-0). BACKGROUND Applicam: Mitchell Planning Group, L.L.C. DeNon, TX The Mitchell Planning Group, on behalf of Church's Chicken, is requesting to rezone the subject property from Neighborhood Residemial 4 (NR-4) zoning district to Neighborhood Residemial Mixed Use (NRMU) zoning district. This application is associated with Z04-0020, an application for the Specific Use Permit (SUP) for a drive-through facility, and V04-0018, a variance request from driveway separation requirements. The driveway separation variance was approved at the June 23, 2004 Planning and Zoning Commission. Public notification and property owner responses are provided in Attachmem 3. As of this writing, no property owners within 200 ft. of the subject property have responded. RECOMMENDATION The Planning and Zoning Commission recommends approval (6-0). OPTIONS 1. Approve as submitted. 2. Approve with conditions. 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. Site Photo 5. Minutes from June 23 P&Z meeting. 6. Ordinance Prepared by: Chingyun (Kay) Liang Planner I Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Zoning Request The applicant is requesting to rezone approximately 0.56 acre from the Neighborhood Residemial 4 (NR-4) zoning district to the Neighborhood Residemial Mixed Use (NRMU) zoning district for Church's Chicken. This application is associated with Z04-0020, an application for the Special Use Permit (SUP) for a drive-through facility, and V04-0018, request for variance from driveway separation requiremems. Existing Condition of Property The proposed site is currently vacant. adoption of the Development Code. The subject property was zoned Agricultural prior to the Adjacem Zoning North: Neighborhood Residemial 4 (NR-4), Single-family dwellings. South: Neighborhood Residemial 4 (NR-4), Vacam, remaining property. East: Neighborhood Residemial Mixed Use 12 (NRMU-12), Multi-family dwellings. West: Neighborhood Residemial 4 (NR-4), Single-family dwellings. Comprehensive Plan Analysis The subject site is located in a "Neighborhood Center" future land use area, which may incorporate facilities vital to the day-to-day activity of the neighborhood. A neighborhood cemer may contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park, and an elememary school. 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 of development proposals in maintaining the character of existing development. The permitted uses within the Neighborhood Residemial Mixed Use zoning district are compatible with the intent of Neighborhood Center as stated within the Denton Plan. The request to rezone the subject property is compatible with the Future Land Use Plan (Neighborhood Cemer) and with the surrounding zoning designations. The proposed zoning change is in compliance with the Denton Plan. Developmem Review Analysis Access Access to the subject site is proposed to use McKinney Street. access easemem from the adjacem multi-family development. The applicam is also seeking an Transportation At the time the applicant submits the preliminary plat application, the city will determine whether a Traffic Impact Analysis (TIA) is required for the development on the entire parcel. Public Infrastructure Utilities are in place to serve the subject site. Development Code / Zoning Analysis A comparison between uses permitted in NR-4 and NRMU renders the results provided in the following chart. The requested zoning change from NR-4 to NRMU would allow some commercial activities and institutional uses as indicated in the Denton Plan. Single Family Dwellings P N SUP Accessory Dwelling Units L(1) N Attached Single Family Dwellings SUP L(40) Dwellings Above Businesses N P Live/Work Units N P Duplexes L(3) N Group Homes N SUP SUP Multi-Family Dwellings N L(4) Hotels N P Bed and Breakfast N P Retail Sales and Service N L(17) Restaurant or Private Club N L(11 ) Drive-through Facility N SUP Professional Services and Offices N L(17) Quick Vehicle Servicing N SUP Laundry Facilities N P Outdoor Recreation P SUP Administrative or Research Facilities N L(14) Broadcasting of Production Studio N L(14) Bakeries N L(21 ) Kennels L(37) N Veterinary Clinics L(14) P SUP Gas Wells L(27) L(27) Community Service N P Semi-public, Halls, Clubs, and Lodges SUP P Business / Trade School N L(14) Adult or Child Day Care SUP P Kindergarten, Elementary School SUP P Middle School N P High School N SUP Elderly Housing N P Medical Centers N P P-- Permitted, N--not permitted, SUP-- Specific Use Permit Required, L(X) -- Limited as defined in Section 35.5.8 Minimum lot area (square feet) 7,000 2,500 Minimum lot width 50 feet 20 feet Minimum lot depth 80 feet 50 feet 20 feet Minimum front yard setback L(2) None Minimum side yard 6 feet 6 feet Minimum side yard adjacent to a street 10 feet None Minimum rear yard 10 feet None Maximum lot coverage 60% 80% Minimum landscaped area 40% 20% Maximum building height 40 feet 65 feet 10 feet 20 feet plus 1 plus 1 foot for foot for each each Minimum yard when abutting a single- foot of foot of family use or district building building height height above above 20 feet 20 feet The following define the limitations to zoning uses when the zoning matrix identify a use as permitted, but limited L(1) - Accessory dwelling units are permitted, subject to the following additional criteria: i. The proposal must conform ~vith the over,il n~axin~um lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dxvelling un/ts shall not exceed 1 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure sh~Jl not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4. ()ne addition~J parking space shall be provided that conforms to the off-street parking provisions of this Chapter. 5. The maximum gross habitable floor area (GHFA) of the accessory residential structure sh~Jl not exceed 50% of the GHFA of the primary residence on the lot, xvhere the lot size is equal to or ~eater than ten acres in size. An SUP is not required for such an accessory residential structure xvhere the lot size is equal to or greater than ten acres. 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 ora single family residence from the street. L(4) - Permitted as part of a mixed use development of ten (10) acres or more and only in conjunction with office, retail or other permitted commercial or institutional uses. L(ll) - Limited to sit down only, and no drive up service permitted. Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area. L(14) - Uses are limited to no more than 10,000 square feet of gross floor area. L(17) - Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may be larger with approval of an SUP. L(21) - Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced required in this zone. L(27) - Must comply with the provisions of Subchapter 89, 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. L (40) -Limited to a maximum 12 units per acre. Staff Findings The proposed zoning change is compatible with neighboring zoning designations, and is in 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 ............. ~ ~ Limits of zou .................. Notification ,, .............. ~. ~....~ ~ / :~:,-:'"~' Limits of 500' ~ Notification ] ~,...........;~' ,~ L.....~ .................... i:.-.-.-~, ~:,p~ ,., .;~...,"~..~.,.~: Scale: None Public Notification Date: June 11,2004 200' Legal Notices* sent via Certified Mail: 9 Number of responses to 200' Legal Notice: · In Opposition: 0 · In Favor: 0 · Neutral: 0 Opposition: 0.0% *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ATTACHMENT 4 Photo 1' View of subject property from McKinney toward the East. Photo 2: View of subject property from McKinney toward the South. l0 CondcnscltTM 1 2 3 4 5 6 '7 lO ll I2 13 14 15 16 17 19 20 21 22 23 24 25 ! 2 3 4 $ 6 7 $ 9 10 1 12 13 14 16 17 18 19 20 21 22 24 Page 157 COMMISSIONER POWELL: w¢'r~ now on Iteall mzoning of a~rox~a~ly .56 ac~s from N~borh~d Res[dmtial 4 ~ning dls~icl to N~borh~ R~i~mial Mix~ Use Zoning Dis~ict. Th~ prop~ ~ lo~t~ mufl~ of Mc~nn~ St~t and approxin~l f~ ~st of ~op 288. Rmm~nt use i~ Church'~ Clfickea ~ pmpo~. ~y - and Kay mispronounce yo~ hat name - i~ it L~? MS. LI~ ~M~SSIO~ ~WELL: Thank you, Kay. MS. HANG: ~ ~cning. T~ applicant ~MMmSm~R POWELL: 8~ ~m ~ mi~, Kay. M~ tmon: Y~, a changc of ~uo from to m~ ca pro~ g~ally Bca~ at - sou~ of 1 2 3 4 5 7 g 9 10 11 12 13 t4 15 16 Page 159 combine my presentation into o~ understanding you-ail would have to take two s~arate vetes, but it's pretty much the stone presentation. COMMISSIONER POWELL: I$ that all right with legal? MS. PALUMBO; Y~. COMMlSSION'HR POWELL: OO, MS. MI?CHELL: C..IBlrch~s ia proposh~g to construct a 2,123 square foot sit-down r~staurant on approxhuat~ly a half an acm of land. Staff has done a good job in detailing the information of our case and the condition tl~ey have stipulated lo our case is acceptable to us. To expand briefly on the shared access, the Mulkeya owned ail of this hand around the site at one time. I'm going to show an overall vlow of the whole - McKinney and approximately 900 fix"t w~t of Loop 288. The applicant -- excuse nm. This application is associated with the next item on the Agenda, which is a request for a SpecLfio Use Pmnlt for a drive-through facility. Properties to the northwest and irmnediatc south is zoned ~m-n and property to t~e east is currently zoned at -- cmveutly zoned stmu-~.. The future land use plan idenfiffm this property as Neighborhood Nine legal notices were mailed out to propergt owners Page 158 within 200 feet limit and staff at tlfis point has not received any writt~ responses. Ti~ staff finding is that tl~ r~q~est for a zoning change is in compliance and reeonm~end~ approval. 17 18 19 20 21 22 23 24 25 the whole property. Yellow is the site of Church's. This is Soullrwest Housing D~veloptmmt over here. At one time tho Mulkeys o~ a~ of fl~s pro~ a~und h~e. ~ ~ sold ~is prop~ m ~ Housing ~opm~ it was with ~e stip~afion fl~t th~ ~ ~ ace.s ~at - ~o ~t all of fl~so proxies could som~t impact ~si~ ~ause of ~e fact that · ~'s just not a wholo [ct of frontage on ~ McKinn~ Page 160, Knowing that access would be an issue with tho rest of the properties, that was part of the stipulation. As you can see from our si~ plan, we am only - we are not proposing any access on our propea'cy. And I'll open for questions at this time. COMMISSIONER POWELL: Any questions of staff at this time? We'll ask the applicant to como forward. And while the applicant is coming forward, I will officially open tl~ p~bli¢ l~eadng. ~a. }drrcuELL: ?hank you. Hopefully, this case will be a lisle easizx than the last one, for me. I mean. Mr, Chair, members of the Plam~ing and Zoning Cmmuission. My name is Kaz,n Mitchell with Mitchell 5 6 7 8 9 10 11 il2 13 Access point to the west of us will take it - handle all of the access for the remainder of tho development which is to tho south of us and the weal of us, We're also proposing an access easement to go over to the existing apartment complex drive approach, W© are currently h~ the process ef obtaining that access easemcnL We don't have it at thLs time. We have been working with what we thought was tho attorney representing the Housing Authority. Planning Group, 7823 Nine Milo Bridge Road in Fort Worth. Thank you again for allowing me to como b~foro you. This is a request on behalf of a Church's Chicken hero in Denton, Tonight I would llke to introduce Ms. Korea Raffezty, who is tl~ construction manager with Chm'eh's Chicken Corporate and al~ the potential owtxer of the property Mr. Gene Collins and his wife Jean Collins. As Kay had indicated to y'all, this is -- we have ~wo cases bdom you tonight, Actually, there was a fl~d on flint was on the Consem Agenda. And you-all approved that. Thank you. What I'd like to do in an ©ffort to save time, is I'd like to go ahead and just 14 I5 16 17 18 19 20 21 24 25 And, appamatly, it kind of go: shifted off on to general council of these folks who contacted us at 4:30 this afternoon to lexus know that they'd be more than happy to talk with us about it. But at thi~ time, riley couldn't really tak~ a stance on it because this was the first tLme they had at.ally seca it. $o we explained to tl~u at that time and I also believe that Mr. Rekhhart spoke with them as well, explained to them that this is -- fids is an sup that's actually for a drive-through facility. Thi~ ia sometNng that will definitely have to happen in order for the property to get platted. It is also a stipulation that Church's PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 157 - Page 160 CondenscltTM Page 161 1 Chicken has with the Mulkeys tha~ tl~3, have to have access 2 over there, So if it doesn't happen, then we can't Iacat~ 3 on this piece of prope~y. So that's why the condition 4 the way that staff has worded it in your staff report is 5 very acceptable to us because that glve~ us enough time to 6 ga into a workout mode to get everything taken care of. 7 In stumnary, Church's is very excites about 8 coming to Denton. And on behalf of Church's Chicken, I 9 would llke to ask that y'all recommend approval of our 10 case. I 1 COMMISSIONER POWELL: Ti'~nk you, Any 12 questions of file applicant? Seeing no questions of 13. applicant, I will ask if there's anybody to speak on this 14 issue for or against? Nobody in the audience to speak on 15 the issue for or against? I'll close fix: public hearing. 16 And since the~'s no reason for rebuttal, 1'tl ask if 17 anybody up here has any questions of the applicant or 18 would like to make a motion or any discussion? And we're 19 on I~a~ 7E. 20 COMMISSIONER ROY= Yes~ sir. 21 COMMISStONE-R POWELL~ Mr. Roy. 22 COMMISSIONER ROY.' SO this case 23 diffaxmt than the orion's and I'll ask legal aris 24 question. Are we, again, just looking at a z~ning change 25 and we cammt rake into account -- there's no commltmen~ 1 2 4 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 163 COMMISSIONER POWELL: YeS, I have, COMmSSIONE~ WATK~4S: All right. I would like to make a motion ~at we accept Z-04-0019. COMMBSIONER POWELL: And that would.be Item No. 7D as in dog. COMMISSIONER WATKINS: D, uh-huh. COMMISSIONE~ PO'C/ELL: IS ~oro ix second to Strange. COMMISSIONER STRANGE: Second. COMMISSIONER POWELL: second by Mr. Mr. Watkins, do you still wish to speak furthe~ COMMtSSIONER WATKINS: NO, COMMISSIONER POWELL: okay. Any other discussion on this issue? Mr. John~n. COMMISSIONER JOH~CSON; Yeah. I don't think this is incoasistent with what we want to do here, however, the adiacent property is ~P,~U-IZ what we've done is carve a little NRMU out of' NS-4 adjacent to an NRMU-12. SO I glleS,g, theoretically, they coutd com~ back in and put an apartment building here, right, any use permitteA by ~RMU. COMMISSIONER POWELL: That I'll leave to legal. MS. PALUMBO: That is correct. NRIvlU allows for apartments, And I don't recall the density, but that Page 162 I I guess, is what I'm saying for them to build this 1 2 Church's Chicken there. This is a flat zoning change; is 2 3 that correct? 3 4 Ms. vnru~aao: 'that's correct and I believe 4 $ Chalnnan Powoll slated, that we were taking E, but I think 5 6 -- believe that we should take D first and vote on these 6 7 items a~arately. 7 g COMMISSIONER eOW~kk: chairman Powell did 8 9 say that and l~e was wrong. It should be D. 9 10 COMMLq..q IOI'~P. SOY: o, rlght9 10 11 ~s. e,~u~na~ sight. And so we would vote 11 12 on the rezoning of the property to ~,m~J and that is 12 13 correct that they are not required to put a Church's 13 14 Chicken on it. 14 15 COMMISSIONER SoY: Well, if we did that and 15 16 they mn out of the room with this new zoning chang~ -- lfi 17 well, lefs say they didn't run out of the mn and they 17 18 stayed for us to vote on 7E. We would b~ approving an sup I It 19 for a drive-through facility, But I think the point is 19 20 we'r~ still not approving a Church's Chicken, p~a' say; is 20 21 that cermet? 21 22 Ma. PALUMBO: lllat'S oorrccL 22 23 COMMI$,~IONER ~OWELL: Mr. Watkins. 23 24 COMMISSIONER W^'IKINS~ Rave ynU closed the 24 25 public _k~_ ring? 25 PLANIqING AND ZONING Jl~ 23RD, 2004 MINL1T£S Page 164 is small lot. COMMISSIONER POWELL: l was caius tO say. Is this lot big ~ough for an apartment building? COMM£SSiONER JOHNMON: we~l, yOU have to kt your imagination run wild, Bob. However, I'm going to vote for it anyway because I don't tl~ink it's inconsistent with tho type of usage tlmt's going on along McKinney. And I'm al~o betting that tlwy end up with a Church*s Chicken her~ so I'll bo supporting it. COMMISSIONER POWELD well, Mr. lolmson, I want you to know that I don't need to let my hnagination go wild. You do that for me, o--xcellentl¥, I might add, CON,MISSiONER $OHNSON: .lllst trying to help. COMMISSIONER POWELk Any other discussion on this motion? We have a motion in favor and a seoond and seeing no other discussion, I'll call ~or a vote, Motiou passes 6-0. Page 161 -Page 164 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 0.56 ACRE OF LAND LOCATED GENERALLY SOUTH OF MCKINNEY STREET AND APPROXIMATELY 900 FEET WEST OF LOOP 288 AND LEGALLY DESCRIBED AS A PORTION OF TRACT 66 OF THE M. YOACHUM SURVEY IN 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. (Z04-0019) WHEREAS, Mitchell Planning Group, L.L.C. has applied for a change in zoning for approximately 0.56 acres of land particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from Neighborhood Residential 4 (NR-4) zoning district classification and use designation to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation; and WHEREAS, on June 23, 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 zoning district classification and use designation of the Propertyis hereby changed from Neighborhood Residential 4 ¢qR-4) zoning district classification and use designation to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use. SECTION 2. The City's official zoning map is amended to show the change in zoning district classification. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be freed 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 fi:om the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a dally 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 FORM: HERBERT L. PROUTY, C~ATTO~Y BY: ~ PAGE 2 SURVEY PLAT Exhibit A TO ALL PARTIES INTERESTED IN PREMISES SURVEYED: This is to certify that I have, this date, made o careful and accurate survey on the ground of the fo[Iow~ng described property: SURVEY PLAT TO ALL PARTIES INTERESTED IN PREMISES SURVEYED: This ;s to certify that I hove, this dote, mode o careful and accurate survey on the ground of the follow~ng described property: BEING ali that certain lot, tract or parcel of land situated in the M. Yoachum Survey, Abstract No. 1442, in the C~ty of Denton, Denton County, Texas, and being po~. of the 64-,584 acre property described in T~act 1 conveyed to Landy Mulkey by deed recorded in County Clerks File Number 97-R0029089 of the Deed Records of Denton County, Texas, and being more particularly described by metes and bounds os BEGINNING at a 5/8" iron rod set for corner in the South right of way line of McKinney Street (Farm Market No. 426. variable width right of way), called 40 feet from the centerline at this point, same being the North line of sold Londy Mulkey 64.584 acre tract, which is North 82' 20' 27" West at a distance of 351.58 feet from its Northeast corner, same now being the Northeast corner of Lot 1 ~n Block A of the Putt-Putt Golf Addition, on addition to the C~ty of Denton, Texas, according to the plat thereof recorded in Cabinet "H" at Slide 147 of the Plot Records of Denton County, Texas, said point of beginning also being the Northwest corner of Knollwood Villas, an addition to the City of Denton County, Texas, according to the plat thereof recorded in Cabinet "U" at Slide 902 of the plat Records of Denton County, Texas; THENCE South 07' 40' 01" West (Basis of Bearings per plat recorded in Cab;net "U" at SIide 902 of the Plat Records of Denton County, Texas) and departing the South right of way line of said McK]nney Street , and passing et o distance of 19.57 feet the Northwest corner of Lot 2 ~n Block A of said Knollwood Villas, and cont~nulng along the West I~ne of said Lot 2 in Block A of Knollwood Villas for a total distance of 167.57 feet to a 5/'" iron rod set for corner; THENCE North 82' 20' 27" West and deporting the West I~ne of sold Lot 2 for o distance of 145.00 feet to o 5/8" iron rod set for corner; THENCE North 07' 40' 02" East for o distance of 167,57 feet to on "X" set in concrete for corner ~n the South r~ght of way I~ne of sold McX~nney Street, said point also being South 82' 20' 27" East at a distance of 200.18 feet from the Northwest corner of said Londy Mulkey 64.584 acre tract; THENCE South 82' 20' 27" East along the South llne of sold McKinney Street and the North line of said Landy Mulkey 64.584 acre tract for a distance of 145.00 feet to the POINT OF BEGINNING AND CONTAINING 0.5578 ACRES OF LAND, more or less. FLOOD NOTE: According to the Federal Emergency Management Agency - Federal Insurance Admln~stratlon - Notlonol Flood Insurance Program - Flood Insurance Rote Mop - F.I.R.M. - for the City of Denton, Denton County, Texas - Community Ponet No. 48121C0580 E, effective dote April 02, 1997: the property shown hereon does not. lie within on oreo of 100-year flood. CERTIFICATION The plat hereon ~s o true, correct and accurate repreeentotlon of the property os determrned by survey, mode on the ground, this dote, subject to any and oil easements, reservations or restrictions that may by of record, the iines and dimensions of said property being os ~nd~ccted by the plot; the size, location and type of buildings and improvements are cs shown, oil improvements being wlth~n the boundaries of the property, set back from the property lines the d~stances ~nd~cated and that the d~stonce from the nearest intersecting street or rood is os shown on said plot. There ore no encroachments, conflicts or protrusions, except os shown. PRELIMINARY: MAY 27, 2004 David Petree, RPLS Registered Professional Land Surveyor No. 1890 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: July 20, 2004 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT - Z04-0020 (Church's Chicken) Hold a public hearing and consider adoption of an ordinance regarding the Specific Use Permit (SUP) for a drive-through facility on property generally located south of McKinney Street, approximately 900 ft. west of Loop 288. The Planning and Zoning Commission recommends approval (6-0). BACKGROUND Applicam: Mitchell Planning Group, L.L.C. DeNon, TX Mitchell Planning Group, on behalf of Church's Chicken, requests a Specific Use Permit (SUP) for a drive-through facility. This request is associated with Z04-0019, a zoning request from Neighborhood Residemial 4 (NR-4) to Neighborhood Residemial Mixed Use (NRMU) zoning district, and V04-0018, a variance request for the driveway separation requirements. The driveway separation variance was approved at the June 23, 2004 Planning and Zoning Commission. Sit-down-only restaurant is a permitted use in the proposed NRMU zoning district, but a drive- through facility requires an approved SUP. Public notification and property owner responses are provided in Attachmem 3. As of this writing, staff has not received written responses from property owners within 200 ft. of the subject property. RECOMMENDATION The Planning and Zoning Commission recommends approval (6-0) with the following conditions: a. The drive-through facility shall be as provided in the site plan. bo An access easement for the connection between the Property and the driveway to the east must be provided prior to final plat approval. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 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. Site Photo 5. Site Plan 6. Minutes from June 23 P&Z meeting. 7. Ordinance Prepared by: Chingyun (Kay) Liang-k~' Planner I Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Zoning Request The applicam requests a Specific Use Permit (SUP) for a drive through facility. This application is reviewed concurremly with Z04-0019, a zoning request from Neighborhood Residemial 4 (NR-4) to Neighborhood Residemial Mixed Use (NRMU) zoning district, and V04-0018, a variance request for the driveway separation. Sit-down-only restaurant is a permitted use in the NRMU zoning district with no more than 100 seats and 4,000 square feet of restauram area. The approval of a SUP is required for the drive- through facility. Existing Condition of Property The proposed site is currently vacant. adoption of the Development Code. The subject property was zoned Agricultural prior to the Adjacem Zoning North: Neighborhood Residemial 4 (NR-4), Single-family dwellings. South: Neighborhood Residemial 4 (NR-4), Vacam, remaining property. East: Neighborhood Residemial Mixed Use 12 (NRMU-12), Multi-family dwellings. West: Neighborhood Residemial 4 (NR-4), Single-family dwellings. Comprehensive Plan Analysis The subject site is located in a "Neighborhood Center" future land use area, which may incorporate facilities vital to the day-to-day activity of the neighborhood. A neighborhood cemer may contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park, and an elememary school. The proposed request for a SUP is in compliance with the Denton Plan. Developmem Review Analysis Access Access to the subject site is from McKinney Street. easemem from the adjacem multi-family developmem. The applicam is also seeking an access Transportation The city will determine whether a Traffic Impact Analysis (TIA) is required during the preliminary plat process. The DeNon Mobility Plan classifies McKinney Street as a primary major arterial road and is maimained by TXDOT. Additional right-of-way dedication is required on McKinney at time of plat. Public Infrastructure Water and sewer capacity to serve the proposed site exists. Development Code / Zoning Analysis According to Chapter 35.6.4 of the Developmem Code, a Specific Use Permit shall be issued only if all of the following conditions have been found: That the specific use permit will be compatible with and not injurious to the use and enjoyment of the other property nor significantly diminish or impair property values within the immediate vicinity; The drive-through is comained solely on the subject property and is adjacem to the apartment complex driveway. It is unlikely that the operation of the drive-through would diminish or impair property values within the immediate vicinity. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; The drive-through is designed to mitigate impact on adjacem property. 3. The adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; Utilities are in place to support the subject site. The applicant must address circulation issues satisfactory to the Fire Department and Solid Waste Service prior to the approval of preliminary plat. The design, location and arrangement of all driveways and parking spaces provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development; The proposed parking areas meet the requiremems of the City of DeNon. According to the applicant, approximately 45 seats are proposed. At the ratio of 1 parking space per 4 seats, 12 parking spaces are required. The applicam is proposing 18. The landscape plan indicates landscaped area to meet the pervious surface requirement. 5. The additional nuisance preventions measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration; The location of the drive-through speaker minimizes the impact to adjacem uses. The drive-through will not create any additional offensive odors, dust, noise, or vibration will occur after initial construction. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; Subchapter 13 of the Developmem Code addresses the issue of directional lighting. Additionally, the applicam is proposing a hedge to minimize the light spill from car headlights. 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The applicam has submitted a landscape plan for consideration with this specific use permit application. All landscaping and screening requiremems are in conformance with the Development Code. Section 35.6.5 allows the approval authority to recommend additional conditions on the proposal to protect the public welfare and safety. Specific standards are also required for all drive-through uses according to Subchapter 35.13.11 of the Denton Development Code: A. Drive-through uses shall provide sufficient stacking area to ensure that public right of ways are not obstructed. B. Drive-through uses must be built as an integral architectural element of the primary structure and use. The materials are the same as those used in the primary structure. C. Drive-through uses must be located to the rear or side of the structure, and buffered on the rear and side lot lines as required in section 35.13.10. The proposed site plan meets the standards for a drive-through. Staff Findings The proposed SUP request for the drive-through facility is compatible with the Demon Plan and the Denton Development Code. While the applicant has met all requirements for a Specific Use Permit to allow for the drive-through facility, the access agreement for the driveway along the eastern portion of the subject site must be in place to meet the standards of Fire Department and Solid Waste Services prior to the approval of preliminary plat. Staff Recommendation Based on the above findings, staff recommends approval of the requested Specific Use Permit for a drive-through facility, and site plan approval on the request and location of the drive- through facility with the following conditions: a. The drive-through facility shall be as provided in the site plan. An access easement for the connection between the Property and the driveway to the east must be provided prior to final plat approval. ATTACHMENT 2 Location/Zoning Map NORTH Land Use Map ATTACHMENT 3 Notification Map NORTH ~ ~:,~::~ -" ' .......... 0 '~ / ,',:~:~[._,..~X Limits of 500' _.] [......~ · · · '~ ,-.-.....-., ,~ Notification Scale: None Public Notification Date: June 11, 2004 200' Legal Notices* sent via Certified Mail: 9 Number of responses to 200' Legal Notice: · In Opposition: 0 · In Favor: 0 · Neutral: 0 *A copy of the notification list can be obtained at City Hall West, 221 N. Elm Denton TX 76201 ATTACHMENT 4 Photo 1' View of subject property from McKinney toward the East. Photo 2: View of subject property from McKinney toward the South. d I!l~.lol~l~lol~lol~l ~ I~1o1:1,,1o1~1o1~1 tl CondenseltTM 1 2 $ 6 7 $ 9 10 11 12 14 15 16 17 19 2O 21 ~3 24 1 4 6 ? $ 9 10 11 12 13 16 17 lg 19 2O 21 22 23 24 Page 165 COMMi'$gIO~IP.~ POWELL: Wo~£~- 'FLOW Cfi Sp~ific Use P~t for appmxima~ly .56 ac~ ~am~y locat~ south of MeKinney S~ and approxima~ly 900 f~i west of ~p 288. A &i~-~ough f~ a is pm~s~. Ms. Hang. MS. L~a: And sin~ most of ~s was p~iously discuss~, I'll cut ~ough ~e presentation h~e. On fl~ sp~ifies, ~ apptic~t r~uem ~e Sp~i~c Use P~nit for &ive-tl~ough faci~. It's ~ui~ ~auso in N~ a ~ve-fl~ou~ is only ~ough an svv. And at,ss fl~o~h ~e prop~ is propo~ ~ use McKinn~ gt~t As dlseuss~ the appncant is ~ing m chain an acc~s a~nent wi~ · e prop~ o~ to ~ ~t. And stuff fiods ~at fiis apportion m~ · e ~ui~t for ~e &iwfl~u~ faei~ w~ l~ con,rich tim an accoss a~ent must ~ obmin~ from adjust prop~ m the ~st and off-fi~ aec~s be pmvid~ prior ~ fins plm. ~MM[~o~ POWEL~ )hank you v~ much. Any q~fions of staff h~? ~en I w~ ~ a public t~fing - no, excuse me. I win ask ~ appli~nt if she ~s an~hh~g additional. ~[ng no,lng additional, I ~[1 open the public h~fing and ask if ~e audi~ anyb~y who would like ~ s~k for or against ~]s Page 166 Seeing nobody willing to speak for or against thi~ issue, I will close the public hearing Mr. Johnson and Mr. Watkins and call for d~scmsion or a motion. Mr. Strange. COMMISSIONER ~TRANOEI Make a nmtion to approve Z-04-0020 with staff -- COMMISSIONER POWELL: We have a motion to approve by Mr. Stm'Flge. COMMISSIONER WATKINS: seeoIld. COMMISSIONER POWELL~ A second by Mr. Working. And M~. Holt. COMMISSIONER HOLT~ I hav0 a question. COMMiSSiONER POWELL: MS. Holt has a question. C~OMMISSIONF_.R STIL~NGE: ~ I finish my motion? It would have to include tho right-of-way ag~ement before it would be -- tn include the rift-of-way agn~ment. COMMISSIONER POWELL: And I'm assuming Mr. 1ohnscn would go along with that - Mr. Watldns would go along with that. COMMlS$1ONER WA?Y-2~.. Second. COMM/SS/O~n~R HOLT: Slloll[d ~[: motion include drive*way facility for a m~murant'so that v~ don'~ get a Small dry clean,rs in there with tho driv~tl~ough? 1 2 3 4 $ 6 7 8 9 10 Il 12 13 14 15 16 17 ia 19 20 21 22 24 1 2 3 4 $ 6 7 8 9 10 11 12 13 16 17 18 19 20 21 22 23 24 25 PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page I67 COMMISSIONER POWELL: ~ W~ include it? t~m llot st.,Ire we o..~n. COMMISSIONER HOLT: For a restaurant. MS, PALUMBO: That*$ correct. You can -= COMMISSIONER STRANGE: I will mnend my motion to include approval ba~ed on granting of the right-of-way and the drive-through is specifically for a Chureh~s Fried Chicken Restaurant. COMMISSIONER POWELL: IS Slat okay with seconder? COMMISSIONER WATK1NS: COMMiSSIONER POWELL: We have an amended motion ~d we all understand it. Is there any other further discussion on this motion? Seeing no further discussion, we'll call for a motion -- I mere, a vote. Motion passes 6-0. I'm glad it's not far from where I work. ! know where I eon get chicken now. Page 168 Page 165 - Page 168 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A DRIVE-THROUGH FACILITY ON APPROXIMATELY 0.56 ACRE OF LAND GENERALLY LOCATED SOUTH OF MCKINNEY STREET AND APPROXIMATELY 900 FEET WEST OF LOOP 288, WITI-EN A NEIGHBORHOOD RESIDENTIAL M]XED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z04-0020) WHEREAS, Mitchell Planning Group, L.L.C. has applied for a specific use permit for a drive-through facility for a restaurant within a Neighborhood Residential Mixed Use zoning district classification and use designation on approximately 0.56 acre of land generally located south of McKinney Street and approximately 900 feet west of Loop 288, as more particularly described in Exhibit "A' attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, the proposed site plan for the specific use permit is on file in the offices of the Planning Department, a copy of which is attached hereto and made a part hereof as Exhibit "B" (the "Site Plan"); and WHEREAS, on June 23, 2004, the Planning and Zoning Commission recommended approval of a Specific Use Permit for a drive-through facility; and WHEREAS, the City Council finds that the Specific Use Permit is consistent with The Denton Plan; and WHEREAS, in accordance with Subchapter 6 of the Development Code of the City of Denton, Texas, the City Council finds that alt of the following conditions exist: The drive-through facility will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; and The establishment of the drive-through facility will not impede the normal and orderly development and improvement of surrounding property; and Adequate utilities, access roads, drainage, and other necessary supporting facilities have been or will be provided; and The design, location, and an'angement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; and Adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration; and Directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein. SECTION 2. A specific use permit is hereby granted for the Property to allow a drive- through facility for a restaurant within a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation, subject to the following conditions: a. The drive-through facility shall be as provided in the Site Plan. b. An access easement for the connection between the Property and the driveway to the east must be provided prior to final plat approval. SECTION 3. Notwithstanding the description of the Property, the property being rezoned includes all property to the centerline of all adjacent street rights-of-way. SECTION 4. The City's official zoning map is amended to show the change in zoning district classification. 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 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. EULINEBROCK, MAYOR PAGE 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 3 Exhibit A SURVEY PLAT TO ALL PARTIES INTERESTED IN PREMISES SURVEYED: This ~s to certify that I hove. this dote, mode o careful and accurate survey on the ground of the following described property: SURVEY PLAT TO ALL PARTIES INTERESTED IN PREMISES SURVEYED: This ~s to certify that I have, this dote, mode o careful and accurate survey on the ground of the follow~ng described property: BEING oil that certain lot, tract or parcel of land situated in the M. Yoochum Survey, Abstract No. 1442, in the City of Denton, Denton County, ]'exes, and being port of the 64.564 acre property described in Tract 1 conveyed to Londy Muikey by deed recorded {n County Clerks File Number 97-ROO2g089 of the Deed Records of Denton County, Texas, and being more portlculorly described by metes and bounds os follows: BEGINNING et o 5/8" iron rod set for corner {n the South right of way tine of McKinney Street (Form Market No. 426, vorlable width fight of way), celled 40 feet from the canted;ne at this point, some be{rig the North line of sold Londy Mulkey 64.584 acre tract, which [s North 82' 20' 27' West at o dlstonce of 551.58 feet from its Northeast corner, some now being the Northeast corner of Lot 1 in Block A of the Putt-Putt Golf Addition, on addition to the City of Denton, Texas, according to the plot thereof recorded in Cabinet "H" et Slide 147 of the Plot Records of Denton County, Texas, said point of beg~nnlng also being the Northwest corner of Knollwood V~llas, on addition to the City of Denton County, Texas, occording to the plot thereof recorded {n Coblnet "U# at Slide 902 of the plot Records of Denton County, Texas; THENCE South 07' 40' 01" West (Bos~s of Bearings per plot recorded in Coblnet "U" et Slide 902 of the Plot Records of Denton County, Texas) and deporting the South right of way llne of said McKinney Street, and passing at o distance of 19.57 feet the Northwest corner of Lot 2 in Block A of said Knollwood V~Iios, end continuing along the West llne of sold Lot 2 {n Brock A of Knollwood Villas for o total distance of 167.57 feet to a 5/" iron rod set for comer; THENCE North 82' 20' 27" West end deporting the West line of said Lot 2 for o distance of 145.00 feet to o 5/8" iron rod set for corner; THENCE North 07' 40' 02" East for o distance of 167.57 feet to on "X" set in concrete for corner in the South Hght of way I~ne of so~d McK{nney Street, sold point eisa being South 82' 20' 27" East at o distance of 200.18 feet from the Nod:hwest corner of said Londy Mulksy 64.584 acre tract; THENCE South 82' 20' 27" Enst along the South llne of so~d McKinney Street and the North llne of said Londy Mulkey 64.584 acre tract for o distance of 145.00 feet to the POINT OF' BEGINNING AND CONTAINING 0.5578 ACRES OF LAND, more or less. FLOOD NOTE; According to the Federal Emergency Management Agency - Federal Insurance AdministroUon - NoUonol Flood Insurance Program -FIood Insurance Rote Mop - F.[.R.M. - for the City of Denton, Denton County, Taxes - Community Panel No. 48121C0380 E, effective dote April 02, 1997: the property shown hereon does not lie wlth~n on Oreo of 100-yeor flood. CERTIFICATION The plot hereon is o true, correct and accurate representation of the property os determined by survey, mode on the ground, this dote, subject to any and oil easements, reservoUons or restrictions that may by of record, the lines and dimensions of sold property being Os indlcoted by the plot; the size, location and type of buildings and improvements ore os shown, oil improvements being within the boundaries of the property, set bock from the property lines the distances indicated and that the dlstonce from the nearest intersecting street or rood is os shown on said plot. There ore no encroachments, conflicts or protrusions, except os shown. PRELIMINARY: MAY 27, 2004 David Petree, RPLS Registered Professional Land Surveyor No. 1BgO Exhibit B AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: July 20, 2004 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT - Z04-0022 (,4venue ,4 and Underwood) Hold a public hearing and consider adoption of an ordinance rezoning approximately 1.25 acres from the Dowmown Residemial 1 (DR-l) zoning district to the Dowmown Residemial 2 (DR-2) zoning district. The site is generally southeast of Underwood Street at Avenue A. The Planning and Zoning Commission recommends approval (6-0). BACKGROUND Applicam: Scott Brown Property DeNon, TX The applicam is requesting to rezone the subject property to a Dowmown Residemial 2 (DR-2) zoning district. Multi-family use is proposed. The DR-2 zoning will allow multiple units on the same site. Public notification and property owner responses are provided in Attachmem 3. 24 notices were mailed to property owners within 200 feet. As of this writing, staff has received 3 written responses expressing opposition. The current percentage of opposition is 13.57%. RECOMMENDATION The Planning and Zoning Commission recommends approval (6-0). OPTIONS 1. Approve as submitted. 2. Approve with conditions. 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 June 23 P&Z meeting. 7. Ordinance Prepared by: Chingyun (Kay) Liang~-/ Planner I Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Zoning Request The applicant is requesting to rezone approximately 1.25 acres from the Downtown Residential 1 (DR-l) zoning district to the Downtown Residential 2 (DR-2) zoning district. The proposed zoning change would allow the development of multi-family dwellings on the subject property. The applicant is proposing to add 2 buildings at this time and build multi-family structures at a later time. The DR-2 zoning will allow multiple units on the same site. Existing Condition of Property The proposed site is currently used for single-family dwellings. The subject property was zoned SF-7 prior to the adoption of the Development Code. Adjacent Zoning North: South: East: West: Downtown Residential 2 (DR-2), Vacant on northwest and Multi-family on northeast. Downtown Residential 2 (DR-2), Multi-family development. Downtown Residential 1 (DR-1), Single family housing. Downtown Residential 1 (DR-l), Fire Station. Comprehensive Plan Analysis The subject site is located in the "Downtown University Core District" future land use area. The Denton Plan encourages the broadest mix of activities and greatest intensity of development within the entire Downtown University Core to promote the continued vitality of the downtown area. The permitted uses within the Downtown Residential 2 (DR-2) zoning district are compatible with the intent of Downtown University Core District within the Denton Plan. The request to rezone the subject property is compatible with the Future Land Use Plan (Downtown University Core District) and with the surrounding zoning designations. The proposed zoning change is in compliance with the Denton Plan. Development Review Analysis Access Access to the subject site is from Avenue A. classified as a collector street. Avenue A along the western frontage of the site is Transportation A Traffic Impact Analysis (TIA) will not be required. in the platting process. Additional right-of-way may be required Public Infrastructure Utilities are in place to serve the site. during the preliminary plat process. Details on water demand and sewer load will be examined Development Code / Zoning Analysis The requested zoning change from DR-1 to DR-2 would increase the density from 8 dwelling units to 30 per acre. The DR-2 zoning request on the subject site would allow a maximum development of approximately 37.5 dwelling units (75 bedrooms.) The actual number of dwelling units permitted is subject to the regulations in the Development Code. A comparison between uses permitted in DR-1 and DR-2 results in the following chart. DR-2 zoning district allows greater flexibility for some developments in the residential and commercial land use categories. For industrial and institutional land use allowed in DR-2, a Specific Use Permit (SUP) is required in most instances. Attached Single Family Dwellings N P Dwellings Above Businesses N P Multi-Family Dwellings N L(5) Bed and Breakfast L(8) L(9) Retail Sales and Service N L(15) Professional Services and Offices N L(15) Laundry Facilities N P Administrative or Research Facilities N SUP Broadcasting of Production Studio N SUP Veterinary Clinics N SUP Middle School N P Medical Centers N SUP P-- Permitted, N--not permitted, SUP-- Specific Use Permit Required, L(X) -- Limited as defined in Section 35.5.8 Minimum lot width 50 feet 40 feet Minimum residential unit size 700 SF 500 SF Maximum FAR 0.50 0.75 Maximum density, dwelling units per acre 8 30 Maximum lot coverage 60% 75% Minimum landscaped area 40% 25% Maximum building height 40 feet 45 feet Limitations: L(5) - Within this district the density of apartments will be calculated as one bedroom equating to .5 units. L(8) - Travelers' accommodations, are permitted, provided that: i. The business-owner or manager shall be required to reside on the property occupied by the accommodation, or adjacent property. 2. That each accommodation unit shall have i off-street parking space, and the owners shall have 2 parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Chapter. 3. That only one ground or wall simon, constructed of a non-plastic material, non-interior illuminated of 4 sq. ft. maximum size be allowed. Any exterior illumination of si~onage shall be installed such that it does not directly /lluminate any residenti~J structures adjacent or nearby the travelers' accommodation. 4. That the number of accommodation un/ts allowed shall be proportional to the permitted density of the zone. Each traveler's accommodation un/t shall be counted as 0.6 un/ts for the purpose of calculating the permitted number of traveler's accommodations. 5. All traveler's accommodations shall be with/n 200 feet of a collector or arterial. Street desi~onations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or ~Jley access to the site from the arterial. 6. Excluding the business-owner's unit and the area of the structure it w/ll occupy, there must be at least 400 sq. ft. of gross interior floor space rem&n/ng per unit. 7. Traveler's accommodations are limited to no more than 8 guest un/ts. L(9) - All restrictions of L(8), but limited to no more than 15 guest units. L(15) - Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges. 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 Findings The proposed zoning change is compatible with the surrounding zoning designation and is in 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: June 11, 2004 200' Legal Notices* sent via Certified Mail: 24 Number of responses to 200' Legal Notice: · In Opposition: 3 · In Favor: 0 · Neutral: 0 Opposition: 13.57% *A copy of the notification list can be obtained at City Hall West, 221 N. Elm Denton TX 76201 NO'T"ZCE OF PUBL]:C HEARZNG Z04-0022 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, June 23, 2004, to consider making a recommendation to City Council regarding a rezoning of approximately 1.25 acres from Downtown Residential 1 (DR-l) zoning district to Downtown Residential 2 (DR-2) zoning district. The property is generally tocated west of Avenue A and south of Underwood Street. 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 betow or drop it off in-person: Planninq andDevelooment Depa~dm..en~t .......... 221 N. Elm ST Denton, Texas 76201 Attn: Chingyun (Kay) Liang, Project Managers 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 Signature: ~ ~~~~/~,, Printed Name: Malting Address: City, State Zip: Physical Address of Prope~y within 200 feet: CITY OF DENTON, TEXAS · C~TY HALL WEST · DENTON, TEXAS 76201 · 940.349.8350 · (F) 940.349.7707 NO'I' CE OF PUBI.3:C HEAR]:N6 Z04-0022 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, June 23, 2004, to consider making a recommendation to City Council regarding a rezoning of approximately 1.25 acres from Downtown Residential 1 (DR-l) zoning district to Downtown Residential 2 (DR-2) zoning district. The property is generally located west of Avenue A and south of Underwood Street. 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 end participating in the public hearing.) You may fax it to the number · located at the b~pm or__~mail_~it__to t_he address below or drop__ it _o~ff in_:_p.e_.rS._o~.'_ ........ Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Chingyun (Kay) Liang, Project Managers 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 Printed Name: ~ ~/~ ~~ A ~ MailingAddmss: /~ ~~ City, State Zip: ~~ ~ ~ ~ ~o ] Telephone Number: ~- ~ ~ PhYsical Address of Prope~y within 200 feet: ~~ ~' ~F~ ~' ~ ..... O ..... . .... Cl~ OF ~NTON, TEXAS c~ H~LL w~s; · O~NTON. TE~s 76~0~ ~40 ~9 ~s~0 (F) ~0.~9.zzOz NO'I' ¢E OF PUBI...T¢ HEARING; Z04-0022 The Planning and Zoning Commission of the City of Denton witl hold a public hearing on Wednesday, June 23, 2004, to consider mak]ng a recommendation to City Coun¢it regarding a rezoning of approximately 1.25 acres from Downtown Residential I (DR-l) zoning district Io Downt.ow.n.J~,~i,~DtJ._at 2, (DR-2) zoning district. The property is generally located west of Avenue A ancJ ~-outh of Underwood Street. The public hearing will start at 6:30 p,m. in the City Council Chambers of City flail located et 21,5 E. McKinney Street, Denton, Texas. Because you own property with/n hvo hundred (200) feet of tl~e subject property, the Planning and Zon/ng Commission would like to hear how you feel about thi~ request and invites you to attend the public headng, Please, in order for your opinion to be taken into account, return this form with your comments prior to ihe date of the public hearing. (This in no way prohibit~ you from attending end particJpating in the public hearing.) You may fax it to the number located at the bottom or mail il to the address below or c~rop it off in-person: Planning and Development Department 221. N. Elm ST ....... Denton, Texas 76201 Attn: Cltingyun (Kay) Liang, Project Managers These forms are used tO calculate the percentage of landowner~ 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: ,~h u.,1 {~'~.n ~ '~,~.~~. Mailing Address: ~0~ ~' ~;Ck~ ~ C~y. State Zip: ~d ~ ~ Telephone Number: ~0 ~&~-0 [. ~ Physi~l Add.ss of Pre~y ~thin 200 feet: CITY Of' DI~NTON, T~AS CITY HALL V~ST · DENTON, TEXAS 76201 · 940.349,8350 * (F) 940.349,7707 3un-16-04 02:42P P.02 My name is Shan-Wen Chang. I represent the pml~rty on 1201 Ave. A, which is I believe a change in zoning from DR-1 to DR-2 will add an undue btaxlen to the cttrrcnt infrastructure: namely, roads and utilities. In addition it will destroy the only green space that we currently have. 1 am opposed m any zoning change. The additional traffic that will be generated by this new developmenl will only aggravate the congestion th,at we are already experiencing. Avenue A is a major thoroughfare to the UNT campus, Thousands of vehicles traverse Avenue A to get on Eagle Dr or 1-35. If the entrance to this development was through Avenue A, it would back up traffic in Ix>th direclions as there would lx~ over 60 units of'apartments (35 units at 1201 Avenue A plus any additional units with this development) m service. Vehicles accessing the properties would stop the flow ~f traffic as they attempted to g~t on and offofAve A. Has a traffic study been undertaken? Will there be a need for additional traffic lights'? Turn-lanes? These wilt be very important to the flow of traffic. Will Avenue A be expanded to service all these units? Another factor to consider is the environmental impact. Has an environmental engineer been consulted to assess the additional impact'? Does the current drainage system support the additional drainage that this development will create? ! know for a Pact, that the subject property is located approximately 3-4 feet above the street level. It is very possible that this new development may overload the current storm drain system on Ave A when heavy thunderstorms come to Denton--as experienced these la.qt 2 weeks. This may lead to flooding of thc neighboring properties. In addition to the added traffic, we will lose green space. Avenue A does not have much green space as it is. If wc lose this area to further development, than Ave A. will have hardly any green space. Summary of concerns: Additional traffic will only aggravate the congestion already experienced on Avenue A. The environmental impact caused by this new development my strain or overload current storm drain. Loss of green space will make this part of Denton less appealing. Conclusion: Signed:[ am opposed.~ ~ope~.to an nine change to the subject operty., i g. o Printed Name: Shah. Wen Chang Mailing Address: 1600 W. Hickory, Denton, TX 76201 Telephone # 940-565-0627 Physical Address of Property within 200 Feet: 1201 Avenue A, Denton TX 76201 ATTACHMENT 5 Photo 1' View of subject property from Avenue A. Photo 2: View of subject property from Avenue A. Photo 3: View of Avenue A along western frontage of the property. Cond, ~seItTM 5 6 7 8 9 10 1i 12 13 14 15 !16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 S 9 10 11 ~12 14 15 16 i7 19 21 22 23 25 Page 173 COMMISSIONER POWELk 70 ~7.Ollillg of approximately ] .25 acres from Downtown Resideutlal zoning district to Downtown l~sid~ntial 2 zoning district, The propet~y is generally Iocatml on Avenue A south of Underwood Street. MuM-family use is proposed. Ms. Liang, MS. 1.1~6.· oecd evening again. This zoniug request from DR4 tO DR-2 is generally located south of Underwood Street and Avenue A. The property to th~ north and south are zoned DR-2. TO tho east and we~t am currently are zoned OR-t and the futur~ laud uso plan identifies this property as Downtown University Core District. Twenty-four notices were mailed out to residents within thc - excuse me -- property ownm within ti~ 200 feet limit. Staff received thr~ responses in opposition. And currently, the opposition is at 13,56. However, ~taff finds tho zoning ehang¢ compatible with the surrounding use and the future land use plan and reennunen& approval. COMMISSIONER P'OWELL: than!{ yon. Any questions of staff? Seeing no questions, we'll ask the applicant. Giw us your name and address, sir. MrC B~OWN: Scott Brown and I'm just here to answer questions, 5 6 7 g 10 11 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 Page 175 do this very well, guys, Y'all hang with me. This one. this on~ and thls one, they'~ all -- thf~m~s one one-bedroom house and thtm two two-bedroom houses. And they both have driv~vays. I don't understand what they're talking about tho parking problem other than thc comer. COMM~SS~OIq~ I{O~. wher~'~ th~ fraternity house? Ma. BROWN: l'ho fraternity hou~ is ali way back tight hm~. And fl~o fraternity houso is about - I mcan, w~ also manage tlmt property. This house is about to b~ ~old ired used for somvaing els~, so it's not really - I mean, v~'w already leased half of it out to students that have nothing in do with th, frat~mlty, And, you know, this neighborhood h~ ll~ owner occupirxl pmpca'~ies arc thc minority, I mean, Fro got -- I probably manag~ 60 percent of the properties on that street. And thore*s - I bet ~ isn't five people that am owner occupied, I mean, five places. It just so happea~s that thn~ of the five are right across the s~'ceL COMMISSIONER POWELL: MI'. Watkins, COMMISS£ONER WATKINS: ~rhank you, Mr. Chain~an. Personal qumtion, The triangle shaped plot. MR. BROWN: Y~. COMMISSION£R WATKIN$: Th* old house behind Page 174 COMMISSIONER POWELL: YOUr address, MR. BROWN: 1400 DaLlas Drive. COMMISSIONER POWELL: Thank you, Scott. MR, IgROWlg: YOU bet. COMMISSIONER POWELL: Anybody have any questions of Mr. Brown? Don't see ~- Ms. Holt does. COMMISSION*ER HOLT: YeS. What is your proposed parking l:ecause all of these people that were objecting, all of them said the parking over there is horrible at this time. And so what, if -- I mean, you're moving from eight units per acre to 30 units per acre. What are you going to do with all of tho~e cam? MR. BROWN: Al1 I'm proposing right now is to move three house in on the big empty lot. And I may eventually want to move all of the homes and build some apartments, but I'm not -- it's not at all thne to do the apamnents. So -- and one deal that they're -- one of the ladies complained about was -- is them a way I can point -- how do you point at this? COMMLSSION~R POWELL: I bgtieve they're going to give you a pointer, sir. MR. BROWN: All right. This comer right here doesn't even have a driveway and thuds a thru-bedroom home. And so those cars park out in the street. And thc other three properties -- well, I don't 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 176 the hedge, is that half of Homer Flow's old house? MR. BROWN: ! don't know. OOMMISSIONER WATKINS: ?hat they sawed in two down at - I guess wl~l~ Pender's Music is now on South Elm? MR. BROWN: I'm not for Stu'~. I've only" COMMI$$IO~_,R WA'I'It,.INSt DOg~ it I00k that old? MP~ I~ROWN: Yeah, it looks that old. COMMISSIONERWATK1NS: I think they just sawed it in two and moved half of it down tl~ce, I believe Donald Dooley told me that. MR. BROWN: They may have. I'm not for COMMISS£oNER POWELL: Any Oth~l' questions? If' I could, Mr. Brown, have you repeat for us again tho purpose of your coming before us, what are you tt'ying to accomplish here. MR. B~OWN: okay. What I'm trying to aocomplish. I own 24 unit~ south of this property. Those are my apartments. There's also, I don't know 30 et -- I gue.~s 30 mot6 units north of n~ and they're both DR-2. Some day I want to bc able to build apartments. Right now is not the right time to build apartments in Denton, Texas. PLANNING AND ZONING ~ 23RD, 2004 MINUTES Page 173 - Page t76 Condons~ItTM 5 6 7 9 10 1 12 13 14 15 16 17 19 21 22 23 25 ! 2 3 4 5 6 7 10 11 12 13 14 16 17 19 20 21 22 23 24 25 Page 177 So what ]?m golag to do until then is throe -- I'm asking to move three houses ia on my vacant lot wl~ I don't -- I m~;, I've got ~ ~us~ I can · move in ~ and ~at's w~t I'd like ~ ~MMI~ION~ ~WELL: T~a~ yoR V~ MR. BROWN: Y~ ~SS/ON~R POWELL: Any o~ q~tlon$ of ~c appHcanO ~MM[~ION~ ROY: SO W~ yOU move in ·ose ~ house, will ~ be &iwwaya and ~plo ~ park off ~ Mz ~ROWN: Y~s, s~. Y~, sir. I ~n, I Imv¢ to do it ~ c~o ~d ~ y~, ~ will ~ ~ it will bo -- ~t now it's just a big emp~ fic~ ~t having ~ mow about once a - onc~ ~ ~o w~. And on~ of ~¢ cmnplaln~ ~t ~¢ apa~nt man n~t ~ me said was ~ w~ ~ ~ve ~o ~. And if ho wan~ ~ buy it from mc ~at would bc ~t. But his whole ap~t comp~x is all ~nc~. And one of his complain~ was that was one of fl~e last pi~ of ~ass ld[ in fi~ neighborh~. COMe,lONER ROY; T~nk you, ~MM~IO~ POWELL: AEy 0~ of ~ applic~t7 ~a~ yo~ sir. Page 178 1 2 3 4 6 7 9 10 11 12 13 14 15 16 17 MR. BROkWN: Tlmnk yOU. COMMISSIONER POWELL: I b¢li~¢~ I have opened the public hearing. But in case I haven't I'll do it again and ask if there's anybody in the audience would like to speak to this issue for or against?. Seeing nobody wishing to speak, I will officially close the public hearing. And since there's no reason for tho applicant to have a rebuttal, we'll ask staff if they have any final comments. And if not, we will go to Mr. Wa*kins. COMM~SSlONERWATKtNS; Thank you, Mr. Chairman. With your approval, I would suggest approval of 18 19 20 21 22 23 24 25 I 4 5 7 8 9 10 ii Z-04-0022. COMMISSIONER JOHNSON: s~.ond. ' COMMISSIObFP~ POWELL: WC haV~ a motion to approve and a second on Item 7G. Mr. Watkins, are you finished? You'~still up her~ That's all I'm asking. COMMISSIONER WA'[KINg: O1% I'm sorry. COMMISSIONER pOWELL: That's all right. It's not your fault. Okay. Seeing no discussion on thig motiou, I'll call for a vote. Me, ion passes {5-0. rm h~r~ to t~ll yea !'m proud to s~o some more nmnagema~t in the area. I've been over tbea-e ~everal times in my professional capacity. 13 14 15 I6 17 ~9 20 21 22 23 24 25 Page I79 Page 180 PLANNING AND ZONING JUNE 9.3RD, 2004 MINUTES Page 177 - Page 180 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM DOWNTOWN RESIDENTIAL 1 (DR-l) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO DOWNTOWN RESIDENTIAL 2 (DR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 1.25 ACRES OF LAND LOCATED GENERALLY SOUTH OF UNDERWOOD STREET AT AVENUE A AND LEGALLY DESCRIBED AS TRACT 642, 643,644, AND 645 OF THE E. PUCHALSKI SURVEY IN 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. (Z04-0022) WHEREAS, Scott Brown Properties has applied for a change in zoning for approximately 1.25 acres of land particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from Dowmown Residemial 1 (DR-1) zoning district classification and use designation to Dowmown Residemial 2 (DR-2) zoning district classification and use designation; and WHEREAS, on June 23, 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 zoning district classification and use designation of the Property is hereby changed from Dowmown Residemial 1 (NR-1) zoning district classification and use designation to Dowmown Residemial 2 (DR-2) zoning district classification and use. SECTION 2. The City's official zoning map is amended to show the change in zoning district classification. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the DeNon Record-Chronicle, a daily newspaper published in the City of Demon, 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 FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 2 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: July 20, 2004 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT -Z04-0021 (Dry Clean Super Center) Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit for a drive-through facility. The approximately 0.72 acre property is in a Neighborhood Residential Mixed Use (NRMU) zoning district and is 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 recommends approval (6-0). BACKGROUND Applicant: Kwik Industries Dallas, TX A laundry facility is allowed in the Neighborhood Residential Mixed Use (NRMU) zoning district; however a specific use permit is required for all drive-through uses. As required by the Denton Development Code, the drive-through must be built as an integral part of the architectural element of the primary structure and must be located to the rear or side of the building. On April 14, 2004, the Planning & Zoning Commission recommended denial (5-1; Johnson opposed & Powell absent) of the specific use permit for a drive-through. The applicant withdrew the request prior to City Council consideration intending to return with a modified site plan. On June 23, 2004, the Planning & Zoning Commission recommended approval of the specific use permit for a drive-through. The applicant presented a modified site plan that incorporated site design features as agreed upon in conjunction with the Wind River Home Owner's Association (Attachment 7). Public notification and property owner responses are provided in Attachment 3. As of this writing, staff has received three written responses in opposition to the request from property owners within 200 feet of the subject site. 11% 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. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (6-0). ESTIMATED PROJECT SCHEDULE The subject property is platted. The applicant will be required to obtain a building permit prior to development. PRIOR ACTION/REVIEW The following is a chronology of Z04-0021: June 23, 2004, Planning & Zoning Commission approved (6-0) a request regarding a Specific Use Permit for a drive-through facility. April 14, 2004, Planning & Zoning Commission denied (5-1; Johnson opposed & Powell absent) a request for a specific use permit for a drive-through facility (Z04-0007). Ordinance 2002-040, adopted February 2002, placed the subject property in the Neighborhood Residential Mixed Use (NRMU) zoning district and land use classification. Prior to the adoption of the Development Code (Ordinance 2002-040), the property was zoned O (c) - (Office with conditions). ATTACHMENTS 1. Staff'Analysis 2. Maps 3. Public Notification (Property Owner Notification Map) 4. Site Photo 5. Exhibit of Site & Landscape Plan 6. April 14, 2004, Planning & Zoning Commission Meeting Minutes 7. Letter from Wind River Home Owner's Association 8. Cross-Section Elevations 9. Minutes from the June 23, 2004, Planning & Zoning Commission Meeting 10. Draft Ordinance 11. Opposition Letters Prepared by: Chris Fuller Planner I Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development 2 ATTACHMENT 1 Staff Analysis Summary_ of Zoning Request The subject property is zoned Neighborhood Residential Mixed Use (NRMU). The applicant must obtain approval of a Specific Use Permit (SUP) to allow a drive-through facility. An SUP is required to ensure that the drive-through use is compatible with adjacent uses and not detrimental to pedestrian circulation patterns. Existing Condition of Property The subject property is vacant and undeveloped. Adjacent Zoning North: Neighborhood Residential 3 (NR-3) zoning district South: Neighborhood Residential Mixed Use (NRMU) zoning district East: Neighborhood Residential 3 (NR-3) zoning district West: Neighborhood Residential 2 (NR-2) zoning district There are single-family residential uses to the north, east and west of the subject property. The property to the south of the subject property is vacant and zoned for non-residential uses. Comprehensive Plan Analysis The subject site is located in an "Existing Neighborhoods/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. The request for the specific use permit for a drive-through facility is compatible with the Future Land Use Plan (Existing Land Use). The proposed zoning change is in compliance with the Denton Plan. Development Review Analysis Transportation A Traffic Impact Analysis will not be required. Access and Connectivity Access to the property will be made from Lillian Miller Parkway. The property will also have access to Wind River Lane through the adjacent parcel when that property is developed. Public Infrastructure Adequate utilities exist to serve the proposed use. Development Code / Zoning Analysis The applicant has proposed a six-foot masonry fence along the northern property line and eastern paved perimeter of the property. The fence is a required buffer between the commercial use and the existing residential lots. The use of masonry material will aid in preventing the diffusion of light from vehicles using the drive-through lane. Staff has reviewed cross-section elevations that compare the site and the adjacent residential lots. The proposed six-foot fence does not provide an adequate visibility buffer for the adjacent multi-level homes to the north of the site (Attachment 8). Staff recommends increasing the fence height to eight-feet along the northern perimeter of the property. The six-foot masonry fence is sufficient along the eastern portion of the property. Section 35.6.5 of the Denton Development Code states that a Specific Use Permit shall be issued only if all of the following conditions have been found: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of the other property nor significantly diminish or impair property values within the immediate vicinity; With adequate noise and light provisions, the operation of a drive-through should not diminish or impair property values in the immediate vicinity. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; It is unlikely that establishment of this specific use will impede the normal and orderly developmem of the surrounding property. 3. The adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; All necessary supporting facilities are curremly provided. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; All proposed parking areas and driveways meet the requiremems of the City of DeNon. The design and location of the proposed drive-through does not impact pedestrian traffic. 5. That adequate nuisance preventions measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration; The applicant is not proposing any outdoor speaker system in conjunction with the drive- through. According to the applicam, no odor will be produced. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; Subchapter 13 of the Developmem Code addresses the issue of directional lighting. Additionally, the applicant is not proposing any outdoor lighting that would impact adjacent residences. As a buffer requirement, the applicant is proposing to construct a brick fence along the perimeter of the developmem, which should minimize light spill from car headlights. 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The applicam has submitted a landscape plan for consideration with this specific use permit request (Attachmem 6). All landscaping and screening requiremems are in conformance with the Denton Development Code. Section 35.6.6 allows the approval authority to recommend additional conditions on the proposal to protect the public and the welfare of the community. In May 2004, the applicant met with the Wind River Home Owner's Association to address issues and concerns of the neighborhood. Attachment 7 is a letter from the Home Owner's Association identifying area the applicant has agreed to work with the neighborhood. Staff would suggest the Commission include any or all of these in its recommendation to Council. Staff Findings 1. The proposed use is compatible with the intent of The Denton Plan and the Denton Development Code. The applicant has met all requirements of a Specific Use Permit. 2. The establishment of a drive-through facility at this location will not have a detrimental impact on the surrounding area if the following conditions are satisfied. Staff Recommendation Based on the above findings, staff recommends approval of the specific use permit with the following conditions: 1. The applicant increases the height of the proposed six-foot masonry fence to a height of eight-feet along the northern perimeter of the property; 2. The architecture of the structure be consistent with surrounding structures; 3. Illuminated sign will be recessed into the building; 4. Existing live oak trees along fence line and property will be preserved, if possible; 5. Landscaping will resemble existing landscaping present on CVS site; 6. A stop sign will be erected at the exit of the site; 7. Safety bollards will be located on the north side of the lot; 8. All signs will cease illumination at 10 pm; 9. Parking lot lighting will not extend beyond the property line. ATTACHMENT 2 Location/Zoning Map NORTH Land Use Map ATTACHMENT 3 Notification Map NORTH ' '* ' I f ~ ~-~'~// / ~ ~ x / ~1 Limits of 500 ~ ~'~/~ ~ / ~ Limits of 200' _ Notification ~~ ~. / Notification Scale: None Darkened properties are in opposition Public Notification Date: June 8, 2004 200' Legal Notices* sent via Certified Mail: 18 Number of responses to 200' Legal Notice: · In Opposition: 3 · In Favor: 0 · Neutral: 0 Opposition is Currently: 11% *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ATTACHMENT 4 Site Photos ,! CondenseltTM 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 1 2 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 41 COMMISSIONER MULRO¥'. Our next item is 5C, Specific Use Permit for a drive-through facility. Mr. Chris Fuller will present. MR. FULLER: Good evening and thank you. The applicant is requesting a Specific Use Permit for a drive-through facility. The site is located within Neighborhood Residential Mixed Use Zoning District. Within the Neighborhood Residential Mixed Use Zoning District, the laundry facilities are allowed, however the drive-through facilities require approval of a Specific Use Permit, Staff has received five written responses in opposition to this request for property owners wit?tin 200 feet of the site bringing opposition to 13 percent. The opposed use is compatible with the intent of the Denton Plan. And the applicant has met all of the requirements of the Specific Use Permit checklist. Based on the above findings, staff recommends approval of the Specific Use Permit with the following condition, that the applicant provide a six foot perhneter fence built to the standards of Subchapter 3513, Section 8 of the Denton Development Code. Thank you. I'm available for any questions. COMMISSIONER MULROY: okay. Is the applicant here? MR. FULLER: YeS, he is. COMMISSIONER MULROY: would you like to present or answer any questions? Thank you, Chris. Page 42 MR. HOLLINOSWORTH: Mr. Chairman, members of the Planning Colmnission, my name is Sid Hollingsworth, 4725 Nall Road, Dallas Texas. What file director is handing out there is basically my presentation so you can kind of follow along as to what we worked on as far as trying to be good neighbors and providing a good developed 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 Page 43 additional one from this morning when I checked, What I'd like to do real quick is basically go through the opposition's concerns and address them. The first one would be 2001 Whitefish Circle. That is number two, if you'll notice the highlights I have. Number 2 is the one down there by Windriver, the first lot, which I'd like to point out that on the 30th of March, the date of the letter, I personally went to the doors and also left this letter in the mailbox, and then approximately a week letter we sent file certified mail. So we've tried to make every attempt that's available to us to work with the homeowners on any kind of opposition that they may have. The first one on 2001 Whitefish Circle. Basically it says that -- it says it would be close to people's back yards and take away their privacy, especially with the drive-through as it is planned. I've seen the layout of the facility blueprint. This facility would decrease property values. Once again, the use is allowed by right. So as far as the drive-through decreasing thc property values and as a homeowner and property owner, I understand their concerns and I can respect it. But, me, personally, I can't see as to how the drive-through window is going to decrease the property values. I'm not a financial wizard, so, you know -- and Page 44 if you'll also look, that is -- like I said, that's nmnber two, which is over by Windriver. The site, yes, it is within thc 200 feet area. But per se does the drive-through facility or the layout of the site affect this properly, I can't see as to how it would affect it seeings as to how the use is allowed. There is a drive over there on that side of the property anyway. And I'd like to point out that if we didn't have the drive-through facility, we would have to produce area for the coummnity. If you'll look in there, basically, what you'll sec -- if you'll at thc beginning of the folder I handed out, you'll see that there's some certified mail that went out on April the 6th to all of the adjacent property owners that abut the site. Next to that is tile site is a Ietter, and how tile letter spelled out that the use was allowed by right. And we was asking for Specific Use Permit specifically for the drive-through facility. Thc next exhibit is basically an exhibit that I would like for y'all to walk tlu'ough with me. This is a recordexl -- the latest recorded plat, to my understanding, which we've received from the City of Denton's Plat Division that. Now, it was to my understanding we only had four notices of opposition. I believe this evening I found out that there was an I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 additional parking on the other side of the building to try to compensate for the convenience that the customers will be losing from not having a drive-through. The second letter of opposition is 1908 Whitefish, which is nmnber four. Now, on that -- in their rcxtucst, it says they was the homeowners of Lot 13. When I went around trying to visit with the neighbors and all, it was my understanding that that was actually Lot 13. And that's the address of 1908 which is -- we have it umbered nmnber five, but the actual Lot nm~ber is 13. There again, yes, it does abut the property as far as -- let's see their concerns is the safety noise impact of the property values, pollution air, and about being ten foot from -- the drive-through being ten foot from the patio. We went through appraisal districts and if this is correct, this information that we was able to obtain, PLANNING AND ZONING APRIL 14TH, 2004 MINUTES Page 41 - Page 44 1 2 3 4 6 ? 8 10 Il I3 14 16 17 2O 2! 22 23 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 CondcnsoltTM you're looking at a 36 foot dccp home with a 21 foot patio. You know, just for simple math, that's approximately 60 feet. So you're looking at 90 feet. So additionally, you still have 40 feet to the property line. And then we have a ten foot landscape buffer. And, of cern'se, there's an existing fence and we've proposed and we've agreed with staff to put up a nov wood fence. So and like I said, if the information we've received is conect. Okay. Number -- the other one is 2009 Lake Fork. I visited that and we did not send certified -- we knew it was within the 200 feet, but that would be the lot - it looks like Lot 6 right adjacent to where we're ntunbering lot 1, that's highlighted. That property actually does not back up -- yes, it is within the 200 feet and we understand how the notices go. It actually -- the development of the drive-through, I can't see that it would affect the -- the living of the home and as I've stated the use is allowed by right and with the parking, additional parking that we'd have to pick up, cars are still going to be driving around the building. I spoke with the young lady today and she basically, she had a -- her daughter was sick at home. She was going to try to come up here and meet with me Page 47 existing traffic that's akeady there. Wc do not -- people do not -- if there is, it's a very small percentage, do not intentionally say~ oh, well, I'm going to go across town to $1.25 and drop offmy laundry. Like I said, we draw from existing traffic. So as far as increasing the traffic, as you're well aware from the staff's analysis. There was not a traffic analysis required or study. And the reason for that, I'm 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 46 earlier and, you know, go over it. She said she wasn't aware that the use was a£1owed by right. Now, I'm not -- I'm not here to put any words in her mouth. She didn't say she was for or against at this time. Prior to this meeting, I went by her house, and dropped off the s[te plan, landscape plan and all of the ~nfonnation I have for her in her mailbox for her to look at for future discussion before the City Council or if she could make it up here tonight. The fourth letter of opposition which is 2004 Whitefish. If you'll look at that, I believe that's Lot 11. Let me get my mark-up. Yes. According to thc information I have, that is Lot I 1, which yes, it is within the 200 feet. Does it abut the property and would the drive-through facility actually per se interfere with any of their living conditions they now have. As, you know, a developer and a planner, I don't see that it would. That's -- there again, that's why y'all were here to make these decisions. And their concern, basically, was -- it's too busy already. Any drive-through would make a bad situation worse. I would like to point out that we're not like a baseball field, softball field, sports arena, club, restaurant. We don't per se -- we draw from the sum, is because of tile type of use and the volmne that we pull from is existing. In regards to environmental, and there again, I'm not an environmental scientist or engineer or anything, there was some concerns as far as emissions. This site will be built somewhat higher than the adjacent property. As you know and I know from all of file regulations we have to go through the quick lubes, emission, when it comes out of the exhaust goes into the atmosphere. Being that, thc adjacent property owners should not be affected from -- from that. And, also, with their being parking on that side of thc property anyway, to my understanding starting a car, stopping a car is worse that the car idling for what amount of thne it would take to get fltrough the drive-through window. With that I'd like to thank you for your thne and address any comments that you may lmve and hope 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 48 you'll bless this proposal. COMMISSIONER MULROY: colmnissioners, any questions? Mr. Roy. COMMISSIONER ROY: YeS. Just a quick one. I'm trying to understand this fence issue. As I look at the property now, there's already a wood fence I'm sine owned by the property owners along that side of the property, so the fence that you and the staff have agreed to is back away from there by ten feet or so? MR. HOLLINGSWORTH: NO, sir. The fence we've agreed to is on the property line. And there again, that's something we'd have to work out from thc existing fence through staff. The ten foot I was talking about is a landscape buffer, which would cream additional buffering. COMMISSIONER ROY: okay. So it would be a ten foot -- I mean, a fence on your property line and, again, a six foot fence? MR. HOLLtNGSWORTH: Yes. COMMISSIONER ROY: okay. Thank you. COMMISSIONER MULROY: Any forther questions? Ms. Holt. COMMISSIONER HOLT: Yes. Could you show me where your entry and exit is on this. Is it just at this one driveway right here at the corner? PLANNING AND ZONING APRIL 14TH, 2004 MINUTES Page 45 - Page 48 CondenseItTM 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 I 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 49i MR. HOLLINOSWORTH: YeS, ma'am. It would be right here. COMMISSIONER HOLT: okay, So yeti come across. You go all of the way around the back, go through Page 51 COMMISSIONER MULROY: Yon bet. Mr. Johnson. COMMISSIONER JOHNSON: Thank you. I have dais drawing right here. the drive-tlu:ough and then come out that way7 MR. HOLLINGSWORTH: YeS, ma'am. COMMISSIONER HOLT: okay. Thank you. MR, HOLLINGSWORTH: A~ld [ have an exhibit for our Plan B on the parking on the other side if y'all would like to see it. COMMISSIONER HOLT: I would llke to s~ it. MR. HOLLINGSWORTH: would the Chairman like me to put it on the screen for file public to see. COMMISSIONER MULROY: Yeah, That would be fine, sir. COMMISSIONER ROY: I can't see where the drive-through is on this. MR. HOLLINGSWORTH: That's Plan B, that if the drive-flu-ough is denied to show y'all that there's still ~- vehicles will still be driving around the building. And can I borrow one of y'alls? COMMISSIONER MULROY: MS. Holt, anything further? COMMISSIONER HOLT: IS there a -- what is tile -- is there a sidewalk or something? I know there's Page 50i 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. HOLLINGSWORTH: Yes, Si;. COMMISSIONER JOHNSON: tf I'm reading this right, I think this shows two drives into your property, one that's -- one that's at center of the property, and then one that's on the property line between your lot and the one at the corner, but this one only -- this one only shows one entrance. MR. HOLLINOSWORTH: YeS~ sir. COMMISSIONER JOHNSON: which is correct? MR. HOLLINOSWORTH: And I was -- I knew I'd get asked that question. What -- the exhibits that you're looking at is an exhibit we also used for a variance on approach separations. In visiting with the adjacent property owner of the undeveloped lot and the City and the engineering department, we offered to share the drive with them so that there would only be one drive versus trying to get to or come in for a variance for the vacant lot because they're not sure what they're going to develop. So that is -- that' s already been granted as far as the location, the approach straddling the property lines. Thc other one was just an exhibit to show Page 52 one that goes along Lillian Miller. Is there a sidewalk that comes out of -- what is this -- Windriver Estates, is there a sidewalk that comes out on Windriver? MR, HOLLINGSWORTH: I believe there is, yes, ma'am. Well, on Windriver. COMMISSIONER HOLT; £ mean, OBI Of Windriver on to LilIian Miller. What I'm wondering about is tile children walking to thc school over at Sam Houston, if riley would be -- MR. HOLLINGSWORTH: I do not -- that's an undeveloped lot and I do not believe that there's an existing sidewalk at this time. COMMISSIONER HOLT: well, from this development up here, this Windriver Development, is there a sidewalk that comes out on to Lillian Miller and then it would go right in front of your -- MR. HOLLINGSWORTH: YeS, ma'am. COMMISSIONER HOLT: -- dry cleaners and fl~en all of the way down to the corner? MR. HOLLINGSWORTH: Ye, s~ ma'am. COMMIgSIONEI1 HOLT: okay. Thank you. COMMISSIONER MULROY: MS. Holt, anything else? COMMISSIONER HOLT: NO. That's fine. Thank you. 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 them that we could receive the approach without the variance, but in order in t~3,ing to, you know, do good development -- COMMISSIONER JOHNSON: okay. So there is a shared drive entry to the property on the corner plus yours and that's shared, right, and that's the only one? MR. HOLLINGSWORTH: NO, sir. What you have, the only drive would be this one right here. What you're looking at shows a drive here and a proposed drive here. COMMISSIONER JOHNSON: Right. MR. HOr[INOSWORTH: This proposed drive here is no longer -- it's null and void. COMMISSIONER JOHNSON: okay. MR. HOLLINOSWORTH: That was just an exhibit that we used for the variance. COMMISSIONER JOHNSON: okay. That's what I was trying to say. Okay. Now, and, again, this drawing here that I'ln looking at that shows the two drive entrances, shows the center line of one to be 200 feet from the edge of Windriver. Now, that'~ no longer the case. You've moved closer to Windriver. So how far are we -- is the 122 feet from Windriver? Is that the edge of the drive there? MR. HOLLIN~SWORTH: You're 122 -- of PLANNING AND ZONING APRIL 14TH, 2004 MINUTES Page 49 - Page 52 CondenseltTM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 t7 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 Page 53 course, now at the intersection of Windriver and Lillian Miller, there's a visibility clip. But from the furthest most part, if you'll look here. COMMISSIONER JOHNSON: Yeah, I sca that. MR. HOLLINGSWORTH: okay. It's a hundred and -- COMMISSIONER JOHNSON: -- twenty-W~O point six eight? MR. HOLLINGSWORTH: -- twenty-two point six eight. COMMISSIONER JOHNSON: okay. Then there is no decel lane or anything like that that's just -- just an entrance and exit, right, one in and out on -- same thing, ilo decel lane or anything? MR. HOLLINGSWORTH: Yes, Sir. That's COITeCI. COMMISSIONER ~rOL~OV: okay. Thank you, Mr. Johnson. Any further questions? If not, I will ask the citizens that want to speak to come down. We have none registered in support. In opposition, 1~ have Mr. Marry 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Rivers. If you'll come down, Marry. And Lynn Thompson, if you'll come down and sit in the seat behind Mr. Rivers. MR. RIVERS: Thank you, Conunissioners. My name is Marry Rivers. I live at 2000 Whitefish Court, this house right there. Page 55 that we've had two suP's that y'all have approved in that area right there, the cvs Pharmacy and the credit union. Those are different because they don't back up to residences. They back up to what eventually will be a retail center there. And there's the fire department, the library and the school over there. So they're not -- people aren't using those drive-throughs at night and sitting out in their back yards barbecuing while people are going through the drive-through. Another thing I'd like to point out is, maybe you-all can think of it. I can't think of a place in Denton when there's been a house that somebody has allowed a drive-through to go right next to that. Maybe there was a drive-through that was there and somebody put a house through it. But I can't think of anyplace in Denton where there's a drive-through for whatever reason that is abutting a neighborhood residence. So my question is, are you setting a precedence if you approve this? I've had two people apply for su?'s for drive-through in that neighborhood. If you 21 22 23 24 25 Page 54 Mr. Hollingsworth has been very diligent in 1 trying to work with the neighborhood and visiting with everybody. I appreciate the opportunity to do that and I realize that this may not impact every house that is in opposition but that's why we're a neighborhood because il really significantly impacts these three houses and partly mine and the two back there of what's going on. What you don't see by looking at a piece of paper is that lot is severely slanted. It's about a ten foot drop-off from Lillian Miller down to the back of that lot and you start building that pad up, you're almost fence height to our back yard neighbors in the back there. So regardless if there's a drive-through or not, it's a lot higher than the back yard. There's going to be a slope where all of the drainage goes down through there. So when you're driving t~ough there, there's light pollution and all of that kind of good stuff. So I would hope that regardless if there's a fence or not, whatever -- or a drive-through or not, whatever gets put there, there's a fence in addition to our fences because ours is just a back yard where arc kids are playing. Regardless of thc drive-through, we want to have a fence there so we're not having to see all of that stuff and the people are looking down our back yards. The other issue I wanted to bring up is allow this one, that's a third. And then I may want to put a bank on the lot next to this and I'm going to expect a drive-through if I want to do that. So where do you -- where do you draw the line? I mean, there's an obvious someplace you've got to stop. And to me, you stop where there's a drive-through next to a residence. Page 56 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 We're talking the drive is ten feet from these people's back yard. That's from me to Joe. And you're going to have cars there driving around that through that drive. And that's a requirement from the City Code to have that drive go by there. But we're talking ten feet drive-through's and back yards. So those don't mix very well. Thank you. COMMISSIONER MULROY: Thank you, MarCy. Next speaker Lynn Thompson. And following Lynn will be Paul Rawley. If you'll come down to file front, please, Paul. Go ahead, ma'am. Give us your name and address. MS. THOMPSON: I'm Lynn Thompson. I live at 1520 Hunters Ridge Circle and I'm president of the Homeowners' Association for Hunters Ridge. And we have a petition of 25 signatures that oppose this drive-through. I know we cannot fight the fact that it is going to be a dry cleaner even though it will not really fit in the neighborhood. The -- like the gentleman stated before, the drive-throughs in the other situations, the credit union, and the pharmacy am on a comer that's going to have a shopping center, if you will, that wilt -- that would provide service industries. With this dry cleaner drive-through it will affect, be a danger to the children. And right now, PLANNING AND ZONING APRIL 14TH, 2004 MINUTES Page 53 - Page 56 CondenseltTM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 i5 t6 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 57 L[llian Miller is so congested that I tire within the 500 foot range myself and to go from my house to the mall which [s less than a mile, I have to go through four lights. And it will take me anywhere from six to eight lights to get to the mall. And that's ludicrous. In Denton green means go, yellow means keep going and md means only six more cars. So I worry about the children that have to go to Southr[dge East and different parts of Windriver. Also, one of our neighbors got in touch with the fire department, which is the number, the station number six. And the Division Battalion Chief Mike Sessions of the Denton Fire Department does not believe this to be a good idea either. 'He gave us a study of three -- of the past three months and on an average per month 180 calls are et emergency vehicles, fire or mnbulances pass through that intersection. And because it's a hill situation and Lillian Miller is a hilly street, that children -- I mean, I'm sorry cars cannot be seen and we worry about that because we have numerous accidents at that intersection. And I have this petition. And, unfortunately, I don't know that I made enough copies for everyone because I had to get one last signature tonight for a man on the comer who is within the 200-foot range. And I can pass these out if you'd like to see them. Page 58': 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 59 then it drops down and it drops down quite a bit like the first gentleman said. And if you -- even in a fire truck, when you're coming up by cvs Park -- CVS Pharmacy, you cannot sec over the hill them. And those fire trucks, the six emergency vehicles a day that we got from thc Fire Chief would really cause a problem because it's in the morning it's congested. In the afternoon it's congested, and people just can't get out of the way. That fire station serves all of the way up to Colorado which means it has to go under 35 all of the way up on Loop 288. And that's just another -- it would be six stop signs, or six stop lights to get to Colorado. Thank you. COMMISSIONER MULROY: ^11 right. Thank you, Mr. Rawley. I have two folks that do not want to speak but they want to register in opposition. That's Mr. John Brotick aad Mr. John Murphy. Okay. Now, Ms'. Hollingsworth, would you like to rebut? MR. HOLLINGSWORTH: Yes. Mr. Chairman, basically, and I don't want to be out of line here. I want to show due respect. I'm not sure that the fire marshal's opinion or cotmnent on anything other than whether this meets the requirements of the fire marshal's Page 60 COMMISSIONER MULROY: tf you'll just hand them to Ms. Carpenter here and she'll take care of them. MS. THOMPSON: Thank you for your time. COMMISSIONER MULROY: uh-huh. Thank you, Ms. Thompson. Mr. Rawley. MR, RAWLEY: oood afternoon. My name is Paul Rawley. I reside at 1421 Huntersridgc Circle, which is on the corner of Huntcrsridge and Lillian Miller. In the past four years, I observed several bad traffic accidents at Lillian Miller and Windriver. By the way, I'm also a property owner in Windrivcr. And I was ahnost involved in a traffic accident up there with an emergency vehicle like she pointed out. I went to the fire department and talked to Chief Sessions like Ms. Thompson said and told him where the curb cut was going to be and he just shook his head because he said there at~ no curb cuts on Lillian Miller between Windriver and Southridge. And a curb cut here 100 feet from Tcastey and Windriver which is basically the same street would be much of a hazard to the fire tracks. I don't know if y'all arc familiar with the topographics of flint ama out there, but tho fire truck station 6 is next is next to the library. That's at the bottom of a hill. They come up the top of Lillian Miller and Windriver and Teasley arc thc top of the hill. And 1 2 6 7 8 9 10 11 12 13 14 15 I6 17 18 19 20 21 22 23 24 25 office for safety, as far as fires, ambulances and we've already submitted for a building permit the uses allowed by right. To my knowledge, it does meet that criteria. As far as the approach location with or without the drive-through facility, the approach variance has been granted. It's within the City of Dcnton~s development standards. And in regards to Mr. Rivers, I'd like to thank him for meeting me and spending his time to visit with me on this. As far as the slope of the site, that is an engineering situation that will take place with or without the drive-through facility. And there again, I'd like to express that with it being a little higher, we am putting a six-foot fence. Now, unless someone is walking up tippy-meing over that fence from driving through, they're not going to be able to sec the neighbors. Nmnbcr two, with it being higher than that, there again, the emissions rises. So that's even, I would think, better for the residents. And I'd like to say we've diligently approached this, looked at all of the angles prior to even coming forrt~ with the -- with rl~e request. And as far as other drive-throughs that was approved and precedents being set, I'm not an attorney. I won't go there. I do know that my site should be judged on an individual basis, does this affect the City PLANNING AND ZONING APRIL 14TH, 2004 MINUTES Page 57 - Page 60 CondenseItTM 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 61 residential? Does it meet the master plan? Is it in compliance per the City of Denton's regulations? Because the use is allowed by right. Thank you. COMMISSIONER MULROY: Thank you, sir. If there's no questions I want to close the public hearing unless Mr. Roy you have a question? COMMISSIONER ROY: I want tO ask a question of staff. COMMISSIONER MULROY: okay. COMMISSIONER ROY.. Thel~ were discussions about the driveway entrance and traffic and this sort of thing, are you aware of any variances that we can expect to address on this property? At this time, are you aware of any variances that are going to come forward to us? MR. FULLER: NO, not at this time. COMMISSIONER ROY: SO on tile cntrall¢¢, the driveway, you feel comfortable that we're not going to be asked to consider any variance there? MR. FULLER: TO my understanding, our 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Page 63 neighborhood by this drive-through? And I'm just struggling to recognize that as a major problem, but I'm still open to discussion. And I'd appreciate any other's opinions on this. COMMISSIONER MULROY: MS. Holt. COMMISSIONER HOLT: what would the hours of operation be? MR. HOLLINGSWORTH: Normal hours of operation is from like 7:00 to 6:00. There again, we would -- the business I allowed by right and we would like to exercise our right as far as the Development Code of hours of operation for a business. Normally it's from 8:00 to 6:00. COMMISSIONER HOLT: Thank you. COMMISSIONER MULROY: But we could limit the drive-through hours. Any other questions or discussion? Mr. Johnson. COMMISSIONER JOHNSON: well, it's obvious that the neighborhood doesn't want drive-through there. Traffic Engineering Department Development Review Team Member has reviewed this. And this is in compliance with his couunents. COMMISSIONER MULROY: YeS. MS. CARPENTER: Mr. Chairman, let m¢ clarify. They did get a variance on this case for the two Page 62 driveways from the Traffic Safety Conmfission. But file site plan that they have attached to their application for the sue which is Attacl~nent 6 in your backup is the site plan for the one driveway. Okay. So they're not asking for their site plan approval which is associated specifically with this sue for rite two driveways. They're asking for rite one driveway. COMMISSIONER MULROY: SO we're not asking for a variance? Okay. Thank you. Any further questions before I close rite public hearing? Okay. I'm closing the public hearing and am open to discussion or a motion. Mr. Roy. COMMISSIOSnR ROY: well, this property is zoned N~tMU. ^s I look down through what could be there, if I were a homeowner I'd be concerned about some of the other opportunities that are allowed under the code. I think thc atgmnents about rite traffic, I can understand that. I go through this area daily. But that's going to be an issue no matter -- ahnost any kind of business that goes in this area. Thc property owner has a right to develop this area and the Code allows certain things there. The only issue that Pm struggling with now is -- is simply -- I guess file issue that's before us and that's the drive-through. Arc we materially impacting the 20 21 22 23 24 25 1 2 3 4 5 6 7 8 10 11 I2 13 14 15 16 17 18 t9 20 21 22 23 24 25 The -- to me, it almost looks like you'd be better off to have a drive-through there because the traffic would get in and out quicker. Otherwise, you're going ~ put a dry cleaning establishment there and you're going to have a lot of cars parked there. The dwell time is going to be a lot different and you're liable to have a little bit more Page 64 congestion and a little bit more opportunity for anybody that wants to fl~row cans over the fence or whatever. If you're in the car driving through, you're probably not going to do that. My feeling is that we probably should go ahead and do fl~e -- allow the drive-through and I think -- and I don't live in that neighborhood, but I think if I did, I might prefer to have a drive-through than to not have a drlve-fl~rough there. So I think I would make a motion to approve thc sue. COMMISSIONER MULROY: okay. We have a motion for approval by Mr. Johnson. Motion dies for a lack of second. Okay. Any ~- Mr. Roy. COMMISSIONER ROY: [ don't know if I can ask this question. Legal stop me if we cannot, but I'm wondering -- allow it if you will, if the developer will proceed to build a facility without the driveway -- drive-through, will he still proceed to develop this lot? Can I ask him that? COMMISSIONER MULROY: Mr. Hollingsworth? COMMISSIONER ROY: If yOU do not receive the approval for thc drive-through, can you tell us wha~ your plan would be for this property? MR. HOLL[N'GSWORTH: Build a Dry Cleaner Super Center Exhibit B with parking on that side of the residential area. PLANNING AND ZONING APRIL 14TH, 2004 MINUTES Page 61 - Page 64 CondenseltTM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 65 COMMISSIONER ROY: Thank you. MR. HOLLINGSWORTH: YOI1 bet. COMMISSIONER MULROY: Mr. Roy, COMMISSIONER ROY: I lllOV¢ that we deny this request for a drlve-tl~rough. COMMISSIONER STRANGE: second. COMMISSIONER MULROY: We have a motion by Mr. Roy a second by Mr. Strange for denial of the drive-tlurough window. If there's no further discussion, judging by the silence, we shouldn't have anymore. Please vote. Motion carries 5-1. (COMMISSIONER JOHNSON VOTING IN OPPOSITION.) COMMISSIONER MULROY: And I want to remind the public that this item will be on the City Council's Agenda next Tuesday, April 20th at 6:30~ Thank you. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 Page 66 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 67 Page 68 PLANNING AND ZOlqlNG APRIL 14TH, 2004 MINUTES Page 65 - Page 68 05-13-04P04;15 RCVD Plarmlng ~nd Zoning LaVelte Dickens, Wk~d Riva- HOA Preaicl~rrt May 12, 20~ Sp~ U~ Pe~ (SUP) Please allow ~ memo to serve m~ e~pon for the Sup mqu~ b~ Kw~lk Indus~zrk~ it ~ ~e ~mmu~ un~~l~ ~ K~k si~ ~1 ~ ~ ~ ~ ~ ~e pm~d~ ~ ~ ~1~ Sid Holllr~swo~th mi behalf of Kwik Indushie~ h~ Wind ~er HOA n~ ~td~ ~ th~ ~1 ~ no ~ li~h~ for ~ a~ end ~e~ Mil ~ no s~ems ~r d~e thru. ~ ii.tin st~t t~ ~a ~e ~t~ sign or ~ ~e gmun~ CondenseltTM 5 6 7 8 9 10 11 12 13 14 15 i6 17 18 19 20 21 22 23 24 25 ! 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 137 COMMISSIONER POWELL: we'll now move tO 7C, specific use permit for approximately .72 acres generally located on tile east side of Lillian Miller Parkway approximately 170 feet north of Wind River Lane and approximately 100 feet west of Lake Fork Circle. The subject property is in a neighborhood residential mixed usc zoning district. A drive-through laundry facility is proposed. And I'll open the public hearing and ask Mr. Fuller to go forward with this. MR. FULLER: Thank you. The applicant is requesting a specific use permit for a drive-through facility within the NRMU zoning district. The principle use, the laundry facility is allowed by right. A Specific Use Permit is required for a drive-through. At the April 14th, 2004 Planning and Zoning Commission meeting, the Co~mnission recommended denial for a similar sue at the same site. The applicant withdrew the request prior to City Council with tile intent to bring back a modified proposal. Staff has received two written responses in opposition to this request. The opposition is now 7.3 percent. The applicant met with the Wind River Homeowners' Association. With that in mind, staff finds that the -- staff finds the proposed use compatible with the intent of the Denton Plan. The applicant has met the 4 5 6 7 8 9 10 il 12 13 14 I5 16 17 18 19 20 21 22 23 24 25 Page 139 basically, what it states is what Mr. Fuller has already spoke on that we've agreed to. Some of the things since -- since the letter in the meeting with the Directors of the Homeowners some other issues have came up, which we would like tO add to that. We basically -- I spoke with Ms. Thompson from Hunters Ridge fills evening, had had some concerns. And I agreed with her to basically our building site tO have it on a timer to where it cuts off at 10:00 p.m. There's some issues that was in the opposition basically in regards to safety and going through the fences and running through the backyards. We've looked at this. And in regards -- here's your approach. Let me see here. Here's the entry. The traffic will be confing in, coming around and, of course, you have dumpst~rs and all hem to protect this. We have no problem with putting safety bollards in this area to prevent anything. And we've also ag~xx~t to go with the brick masonry fence instead of the wood fence. Also, in regards to -- as stated in the letter and what we've agr~M to in regards tO any kind of light pollution or anything such as that, we agreed to put no parking lot lighting and, basically, you know, I'd like to address your cmrm~ents and thank you for your time. Page 138 requirements of a Specific Use Pcmuit with that meeting with the Homeowners' Association. Staff recommends approval with the following conditions and the applicant is aware and has agreed to these conditions, that the applicant increase the height of the proposed six foot masonry wall to a height of eight feet along the northern perimeter of the property, that the architecture of the structure be consistent with surrounding structures, that the illmninated signs be recessed into tile building, that the existing Live Oak tree fences be preserved, if possible, that the landscaping be -- resemble, and be similar to the cvs site. And that a stop sign be erected at the exit of the site. Thank you. COMMISSIONER POWELL: Thank you, sir. The applicant would like to speak. MR. HOLLINGSWORTH: Mr. Chairman, members of the P & Z, my name is Sid Hollingsworth, 4725 Nail Road, Dallas, Texas. As Mr. Fuller had stated, initially, we came forth and withdraw this request in order to allow us more time to work with the home -- Wind River and the Fiomeowners -- Hunters Ridge Homeowners' Association. Since then we've accomplished -- I have a memo from Mr. Dick Dickens who's tile president of the Wind River Homowners' Association supporting us. And I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I6 17 18 i9 20 21 22 23 24 25 Page 140 COMMtSS~O~R vowe~u: ^nybody have any questions of the applicant? COMMISSIONER JOHNSON: YeS, you said a masonry fence. Did you say six foot or eight foot? MR, HOLLINGSWORTH: we've agreed to on tile north side of it being eight foot and on the east side, it would still be a six. We did a cross-section for staff to review that would -- gives them the eye-level shot. And that's what they determine and we have no problem with that. COMMISSIONER JOHNSON: okay. Thank you. MR~ HOLLINGSWORTH: Thank you, COMMISSIONER POWELL: MS. Holt. COMMISSIONER HOLT: That was my question. COMMISSIONER POWELL: Thank you. Any other questions of the applicant at this time? Thank you, sir. MR. HOLLINGSWORTH: Thank you. COMMISSIONER POWELL: We have a speaker in favor, Mr. Ellis of Kwik Industries. MR. elliS: em Ray Ellis, 4725 Nail Road, president of Kwik Industries. We appreciate your support on this. We met with the homeowners. We think that we've met all of tile requirements. We're real fortunate to have tile opportunity to develop something else here in Denton. We've build quite a few of the Quick Lubc's here and the PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 137 - Page 140 CondcnscItTM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 141 drycleaners and the car washes. If you have any questions, I'll be glad to answer. Thank yon vm'y much. COMMtSSiOtqE~ eOWeL~: Thank you, Mr. Ellis. We have a card in opposition, Lynn Thompson. If you'd give us your name and address, please. MS. IHOMPSON: Lynn Thompson, 1520 Hunters Ridge Circle in Denton. And I was kind of hoping to get up here when everybody was here so I could have somebody behind me rallying but they kind of abandoned me here. First off, it's not just two people opposing it. I'm homeowners' president of our association. And there are 43 people opposing it in our neighborhood. We're not opposed to the dryclcaner coming in. We're not opposed to a business coming in. We know better than anyone that rooftops cannot support a City. And there are many business owners in our neighborhood. But what we have a problem with is a curb cut on Lillian Miller. Now, there's already a curb cut on Wind River and I was part of thc Wind River Development Plans with Jay Kershmon and Fred Oossett. And at that time when they came to us and said, can we put businesses in on these corners. We agreed. And somewhere down the line, it got changed from businesses to NRMV -- I gUeSS that's 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 143 COMMISSIONER POWELL: Questions of this speaker? Thank you. No. Does anyone else wish to speak on this issue for or against? Seeing no oth~r speakers, we'll close the public hearing and give the applicant time for rebuttal. MR. HOLLINGSWORTH: Y~S, sir. We have worked very hard to bc good developers, neighbors, because not only do we want to develop the property, we want the businesses of the surrounding areas. We have took every precaution. Originally, when wc first came in with this proposal, the driveway was basically on our side -- was located more further to the north. We have since then met with the adjacent property owners to work -- if you'll notice, here's the property linc. We're now sharing an approach coming in which will also serve as the approach off of Lillian Miller going into the undeveloped area. So we feel like we took the initiative approach to try to resolve any issues. I would like to point out that our business we pull from existing traffic. We an: not like a ball field or a picau-e show where people drive across town to use us. We -- people use us that's in the immediate area. And in regards to the approach, any business that comes in would be allowed at the present Page 142 what it is. I'm not sure of the classification. I -- my home personally falls within the 500 foot range. And I won't be affected by their light or by their traffic personally. But I heard someone say today that traffic doesn't matter. Well, I beg to differ because it only matters ff you're in it. And we have a serious problem with traffic off of Lillian Miller using us as a turn-around. For instance, I had -- there were some handouts. I hope they got them to you. COMMISSIONER POWELL: Yes, ma'am. MS. THOMPSON: The first one there's a truck driving through our neighborhood. This was taken from my front porch. We've had our circular drives used as tum-arounds. And if this -- if this applicant goes in as planned, they will have no way to turn south to go -- for people coming out of the drycleaner. But if they go in and out of the Wind River entrance, then all traffic will be filtered through the light. And as you-all know that's a very dangerous intersection just because of the two recent deaths of the young men. We are taxpayers, too. I hope we have rights in Planning and Zoning and we really do your help on this. Do you have any questions? 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 144 time under the ordinance to have an approach on this site. The issues of being able to go north or southbound, when I spoke with Ms. Thompson today, I told her that we are willing and we are trying to further our negotiations with thc adjacent property owners for access coming off of Wind. The problem we have is Mr. Smith, they're uncertain at this point, unless something has happened in the last month as to what will be developed them. So they don't want to put a hardship on their property and pinpoint an easement going over to Wind River. But that is something that's in the making that would benefit our business as well as the future developments. And we continue that discussion as soon as they know what they're to develop. I believe I've addressed the comments there. And if there's anything I'm missing please point it out to me. Other than that -- COMMISSIONER POWELL: Mr. ROy. COMMISSIONER ROY: YOU mentioned a le~r you have from the Wind River Homeowners' Association, I guess I have a question for staff if you'd just wait a moment. Do we have that letter? Is it officially in our file for us? MS. CARPENTER: ^pparenfly we do, yes. It's not in the backup, though; is that accurate? It's in PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 141 - Page 144 CondcnscItTM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 145 · e backup I think. COMMISSIONER ROY: IS it? COMMISSIONER POWELL: WaS that from Wind River or some other homeowners? MR. HOLLINGSWORTH: It'S from Wind River, here? Page 147 MR. HOLLINGSWORTH: Thank you. COMMISSIONER POWELL: Any discussion up COMMISSIONER JOHNSON: Have you closed it? COMMISSIONER POWELL: NO, I did not. I sir. If you'll look, Wind River, and it's assigned by the president of the Homeowners' Association. COMMISSIONER ROY: Okay. MR. HOLLINGSWORTH: Or it'8 from the Homeowners' Assocatiation. COMMISSIONER ROY: All right. And another follow-up question then, the opposition map that we were shown earlier by staff that showed the site and it showed a few red dots here and there, if we could get that back up, please -- yes, that -- that one there. Question for staff. Are those two sites currently still opposed? MR. FULLER: Yes, sir, they are opposed. They are the only written opposition staff has received for this application. COMMISSIONER ROY: okay. And For the developer you agree that -- you haven't been able to satisfy those two particular landowners; is that correct or is there something that we don't have? MR. HOLLINGSWORTH: It was to my understanding, of course, you was present at the last -- a Page 146 lot of thc people, the homeewners that was here in opposition, the president talked to them and we met at file director's meeting. It was to my understanding that the gentleman to the no~ had some concerns which I felt we addressed with, I believe it states light pollution. And I believe we addressed that when we took away the parking lot lightings. And that was one of the discussions that me and Mr. Dickens had. So I was really kind of surprised this evening when I came in and seen that. But I feel like we've addressed the issues pretty much on the lights and the noise. I mean, this -- there basically is no noise in this development. I mean, minor, fi'om, you know, cars coming in or out, but there's a lot of other developlnents that's allowed by right which would have the approach and be a lot noisier. I can point that if you'd like. Other than that, I'd like to just -- Irm sure you're aware of that. MR. ~[[~: clarify a point, please. It seems that tl~c~ was a page missing in your staff backup, clerical error, no doubt. But the memo is behind the minutes, the memo to the Homeowners' -- or from the Homeowners' Association. COMMiSSiONER ROY: Thank you. COMMISSIONER POWELL: Any other questions of the applicant? Thank you sir. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 opened it, but I have not closed it. I will now officially close the public hearing so that Mr. Johnson can officiat[y discuss this motion or this -- this item. COMMISSIONER JOHNSON: well, and I will discuss it. The -- the issue as I see it is by right, a dry cleaning establishment can go into this place with a curb cut as it's proposed now. What we're really talking about is a supplemental to allow a drive-through. We did have some issues about light pollution and other things which it appears have been -- have not totally satisfied at least addressed somewhat. So I think that the appt~cant is going a step further really than -- than he has to in order to get this -- the drive-through put in here. I made the motion last time and I'm going to make the motion again that we approve this application. COMMISSIONER POWELL: IS there a second to Mr. Johnson's motion? COMMISSIONER ROY: May I get a clarification? Page 148 COMMISSIONER POWELL: sir, go ahead. COMMISSIONER ROY: The staff report lists numerous conditions on their recoum~endation for approval. And in addition to those, three more -- I think three additional ones came up tonight that the developer mentioned in addition to the six, a timed sign, turn off at 10:00 p.m., safety bollards on the north side across from the drive-in and no parking lot lighting were part of thc agreement. Docs your proposal include those nine? COMMISSIONER JOHNSON: Yeah. Thank you very much. The -- my motion should include the conditions that have been agreed to that you've just gone over. COMMISSIONER POWELL: Is there a second to Ma'. Johnson's motion? COMMISSIONER WATKINS: i'll second tile motion. COMMISSIONER POWELL: Mr. Watkins has seconded. Mr. Roy. COMMISSIONER ROY: I am influenced by the Wind River Homeowners Association, president's letter. It's been, I think, our experience that this subdivision is fairly well-organized and I guess I'm -- again, influenced by his support which I'm going to assmne that he has, you know, really worked this problem and on the other hand} and I'm concerned by the Hunters Ridge, I I'LANIqllqG AND ZONING JlJlqE 23RD, 2004 MINUTES Page 145 - Page 148 CondcnseItTM 1 2 3 5 6 ? 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 149 think is the other subdivision, their concerns. And I see this truck going through there. I almost bought property in there myself, and I know it's a beautiful, unusual subdivision, but I can't sec how -- what we're approving tonight will make a major change to that Hunters Ridge. And, again, the fact that that curb cut is allowed now and anybody else who comes in there we -- we can't -- or I don't think we can restrict the curb cut that's part of -- if it meets our standards. And I was told at the previous meeting that this curb cut meets our standards. This is not a variance. So I'm planning to support the motion. COMMISSIONER POWELL: Mr. Watkins followed by Ms. Holt. COMMISSIONER WATKiNS: Thank you, Mr. Chairman~ I seconded the motion. I have done business with a similar place of business. And I really honestly don't feel that these people will ever know that anything is going on there. I drive through to pick up the clothes, and park to take them in. i talked to Colmnissioner Johnson last time about this, but the people were so emotional that I felt that I had to vote against it before. But I really don't think with this fence, both fences, both the side and the rear fence and today's automobile's with the catalytic converters and mufflers Page 150 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 151 COMMISSIONER HOLT: A lighted sign that will be turned off at 10:007 Okay. And then also I'm worried about the -- there will be a sidewalk in front of that. What about the school children with that, going around there, stop sign, looking for kids? I'm kind of worried about that school situation right there because I know a lot of those kids walk to school. COMMISSIONER POWELL: would you like to question the applicant? COMMISSIONER HOLT: Yeah. COMMISSIONER POWELL: could we get tile applicant back up here? MR. HOLLINGSWORTH: Yes, ma'am. We looked into that and of course, as part of the conditions hat we've agreed to is to put up a stop sign so people coming out of tile facility would stop and be aware of their surroundings. There is -- as far -- last time there was a discussion about Lillian Miller and if there was an entryway off of Liltlan Miller to Wind River where the -- of course, the kids would go. And there is not at this deal. So I wanted to verify that. And, yes, ma'am~ we've took every precaution we could and we're putting a stop sign up. It's part of the conditions. COMMISSIONER HOLT: Thank you. MR. HOLLINGSWORTH: Thank you. Page 152 and whatnot that -- that the people will be disturbed by this. And I think it will be a pretty nice addition to that neighborhood in that area. Thank you, sir. COMMISSIONER POWELL: MS. Holt. COMMISSIONER HOLT: Tile only -- I have a question about the signage. The only sign will be recessed in file building; is that correct? There will not be a sign out on Lillian Miller to be seen anywhere? So you basically have to be upon the building? MR. FULLER: I believe tile -- let's sa: how visible this is. The applicant, I believe, is proposing a mommxent sign along Lillian Miller. Thc sign that the applicant was referring to and the condition is file illmninated sign. It will be recessed on the actual wall, the front sign tlmt you see above tile doors. I prestone that's connect. COMMISSIONER HOLT: SO there will be a sign out -- MR. FULLER: There will be a monument sign along Lillian Miller. COMMISSIONER ROY: would that be like the cvs sign? Is that -- MR. FULLER: NO. It will adhere to the standards but it will be a monument sign in much file same vein in terms of structure. 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 COMMISSIONER POWELL: Mr. Johnson. COMMISSIONER JOHNSON: Thank you. I just -- I did want to make one other conunent. And that is that I don't think we ought to take the traffic along Lillian Miller or Teasley or Wind River lightly. There is a lot of traffic along there. My guess is it's going to get to be heavier because 2181 eventually is going to be a much bigger street than it is even now. So the traffic doesn't get any better. It only gets heavier. So there is a reason for concern. However, having said that, there's still will eventually be development of these two sites -- not one site, but two sites. And so there is going to be traffic going in and out of there if it's -- if it's not a drive-through cleaners, it's going to be something else. So the same problem still does exist. So I'm not taking the traffic lightly, but I think it's something that's going to have to -- people are going to have to learn with. And it may take some innovative things to protect people out there, but eventually, it's going to have to happem That's going to be a busy street from now on, and even busier than it is now. So it's not an -- it's not a minor concern, but it is something that I don't think should stop -- should stop this project. COMMISSIONER POWELL: Any other colmnents on PLANNING AND ZONIlqG JUNE 23RD, 2004 MINUTES Page 149 - Page 152 CondonsoltTM 1 2 3 4 7 9 10 ti 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I 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 153 this motion? I have one. Mr. Ellis, who apparently owns Kwik Industries has a reputation tlu'oughout -- I'm not asking you to spcak~ sir -- has a reputation throughout the metroplex that is sterling. I want to make that point. He doesn't know me and I don't know him except by reputation. I don't believe Mr. Ellis would be part of anything that l~e wasn't sure would be good for the neighborhood, I'll just make that point from his past history. And I've never met Mr. Ellis and I want to make that point, too. COMMISSIONER ROY: AI~ yOU running for office? COMMISSIONER POWELL: NOD sir. I'm not running for office and he couldn't vote for me if I was. To -- I'll ask the gentleman who made the motion to repeat it. COMMISSIONER JOHNSON: My motioo is to rccoaunend to City Couocit grant the supplcanental as requested with the conditions as agreed to by the applicant and as represented by staff. COMMISSIONER POWELL: Ihcre is a motion, thm'e is a second, if there's no more discussion, I'll call for a vote. Motion passes 6-0. Page 154 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Page 155 Page 156 PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 153 - Page 156 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A DRIVE-THROUGH FACILITY ON APPROXIMATELY 0.72 ACRE OF LAND GENERALLY LOCATED ON THE EAST SIDE OF LILLIAN MILLER PARKWAY, APPROXIMATELY 170 FEET NORTH OF WIND RIVER LANE AND APPROXIMATELY I00 FEET WEST OF LAKE FORK CIRCLE, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE ~ AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z04-0021) WHEREAS, Kwik Industries has applied for a specific use permit for a drive-through facility within a Neighborhood Residential Mixed Use zoning district classification and use designation on approximately 0.72 acres of land 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, as more particularly described as Lot 1, Block A of the Wind River Estates Addition, an Addition to the City of Denton, Texas (the "Property"); and WHEREAS, on June 23, 2004, the Planning and Zoning Commission recommended approval of a Specific Use Permit for a drive-through facility; and WHEREAS, the City Council £mds that the Specific Use Permit is consistent with The Denton Plan; and WHEREAS, in accordance with Subchapter 6 of the Development Code of the City of Denton, Texas, the City Council finds that all of the following conditions exist: The drive-through facility will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; and The establishment of the drive~through facility will not impede the normal and orderly development and improvement of surrounding property; and Adequate utilities, access roads, drainage, and other necessary supporting facilities have been or will be provided; and The design, location, and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; and Adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration; and Directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The fmdings and recitations contained in the preamble of this ordinance are incorporated herein. SECTION 2. A specific use permit hereby approved on the Property to allow a drive-through facility within a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation, subject to the following conditions: 1. There shall be an eight-foot masonry fence constructed on the Property along the northern perimeter of the Property and a six-foot masom'y fence constructed along the eastern perimeter of the Property between the Property and residential uses and residential zoning districts in accordance with Subchapter 35.13.8 of the Denton Development Code. 2. The architecture of the structure shall be consistent with surrounding structures. 3. Illuminated sign will be recessed into the building. 4. Existing live oak trees along fence line and Property wilt be preserved, if possible. 5. Landscaping will resemble existing landscaping present on CVS site. 6. A stop sign will be erected at the exit of the site. 7. Development and operation of the drive-through facility shall be in accordance with the site plan and landscape plan on file in the City Planning Department, a copy of which is attached hereto and made a part hereof as Exhibit "A". SECTION 3. Notwithstanding the description of the Property, the property being rezoned includes all property to the centerline of all adjacent street rights-of-way. SECTION 4. The City's official zoning map is amended to show the change in zoning district classification. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fmed a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall 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. PAGE 2 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 3 I I I Exhibit A Page I Exhibit A Page 2 Attachment 11 Property Owner In Favor / Opposed / Neutral Response Carla & Diane Caceres 2004 Whitefish Ct. Sharla Snider & Tracy Oliphant 1908 Whitefish Ct. P. G. Harris 2001 Lakefork Circle Opposed Opposed Opposed This is the second response I am making! The incidents of accidents at Lillian Miller and Wind River (Teasley) is horrid and any facility using a drive- through will only compound the traffic (u-turns & so forth to reach the facility.) and re-exiting from facility onto Lillian Miller going east or west. Noise Pollution Light Pollution Safety for out children - central to a school crossing zone. My backyard would be adjacent to the proposed sight. I have four children who use my backyard and the thought of an automobile accidentally crashing through my back fence and endangering my children is not acceptable. AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: July 20, 2004 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT - Z04-0023 (Shady Creek Business Park) Hold a public hearing and consider adoption of an ordinance rezoning approximately 8.3 acres from a Neighborhood Residential 2 (NR-2) zoning district to an Employment Center Commercial (EC-C) zoning district. The property is generally located on the south side of University Drive, approximately 900 feet east of Thomas Egan Road. An office and light- manufacturing park is proposed. The Planning and Zoning Commission recommends approval (6-0). BACKGROUND Applicant: Allen Bussell Ponder, TX Due to a mapping error, the current Neighborhood Residential 2 (NR-2) zoning designation is not compatible with the Employment Centers future land use designation. The purpose of the request to rezone the subject property is to bring the zoning designation into compliance with the Future Land Use Plan (Employment Center) designation. Public notification and property owner responses are provided in Attachment 3. As of this writing, staff has received no written responses from property owners within 200 feet of the subject site. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (6-0). ESTIMATED PROJECT SCHEDULE The subject property is not platted. Preliminary and final plats are required prior to issuance of any building permits. PRIOR ACTION/REVIEW The following is a chronology of Z04-0023: On June 23, 2004, the Planning & Zoning Commission approved (6-0) to rezone approximately 8.3 acres from a Neighborhood Residential 2 (NR-2) zoning district to an Employment Center Commercial (EC-C) zoning district. Ordinance 2002-040, adopted February 2002, placed the subject property in the Neighborhood Residential 2 (NR-2) zoning district. Prior to the adoption of the Development Code (Ordinance 2002-040), the property was zoned Agricultural. The property is not platted. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification (Property Owner Notification Map) 4. Site Photo 5. Letter from Applicant 6. Public Notification Responses 7. Minutes from the June 23, 2004, Planning & Zoning Commission Meeting 8. 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 The applicant is requesting to rezone approximately 8.3 acres from a Neighborhood Residential 2 (NR-2) zoning district to an Employment Center Commercial (EC-C) zoning district. The requested zoning change would allow the applicant to develop the property for a medical center and retail uses. Based on the current NR-2 zoning designation, an office and light-manufacturing park is not permitted. The EC-C zoning designation allows both office and light manufacturing uses. An office and light-manufacturing park is proposed. Existing Condition of Property The subject property is currently developed for office uses. It appears that a floodplain, Dry Fork Hickory Creek, passes through the development site. This area will need to be left in a natural state and dedicated as a drainage easement with the platting of the property. Adjacent Zoning North: Neighborhood Residential 2 (NR-2) zoning district South: Extraterritorial Jurisdiction (ET J) zoning district East: Neighborhood Residential 2 (NR-2) zoning district West: Neighborhood Residential 2 (NR-2) zoning district Comprehensive Plan Analysis The subject site is located within an "Employment Center" future land use area. Employment Centers are intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. Employment centers are also intended to accommodate secondary uses that complement or support the primary workplace uses, such a hotels, restaurants, convenience shopping, and child care. Adequate public facilities shall be a criterion by which zoning is granted. Due to a mapping error the subject property was zoned Neighborhood Residential 2 (NR-2). The current Neighborhood Residential zoning designation is not in compliance with the Employment Centers future land use designation. The request to rezone the subject property is compatible with the Future Land Use Plan (Employment Center) and with the surrounding zoning designations. The proposed office and light manufacturing facilities are compatible with the Employment Center uses as stated within the Denton Plan. The proposed zoning change is in compliance with the Denton Plan. Development Review Analysis Transportation Access to the property is limited to University Drive. Public Infrastructure The preliminary plat submittal will address how the site will be provided with water and sewer service. Development Code/Zoning Analysis The Employment Center Commercial (EC-C) zoning district permits a variety of commercial and institutional uses not allowed within the Neighborhood Residential 2 (NR-2) zoning district. The charts below illustrate the difference between the two zoning districts. Limitations for each use are explained below the charts. Single Family Dwellings Accessory Dwelling Units Attached Single Family Dwellings Duplexes Community Homes For the Disabled SUP P N L (1) N N P N Multi-Family Dwellings N N Printing / Publishing N P Bakeries N P Manufacture of Non-odoriferous Foods N P Light Manufacturing N P Wholesale Sales N P Self-service Storage N P Kennels L (37) P Veterinary Clinics L (14) P Semi-public, Halls, Clubs, and Lodges SUP P Business / Trade School N P Adult or Child Day Care SUP P Kindergarten, Elementary School SUP N Hospital N P Elderly Housing N P Medical Centers N P Mortuaries N P Home Occupation P N Hotels N P Motels N P Retail Sales and Service N P Restaurant or Private Club N P Drive-through Facility N P Professional Services and Offices N P Quick Vehicle Servicing N P Vehicle Repair N P Auto and RV Sales N P Laundry Facilities N P Equestrian Facilities SUP N Outdoor Recreation P P Indoor Recreation N P Major Event Entertainment N P Commercial Parking Lots N P Administrative or Research Facilities N P Broadcasting of Production Studio N P Limimtions The following define the limitations to zoning uses when the zoning matrix identify a use as permitted, but limited L (1) - Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must conform with the over,il maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwdling 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 sh~Jl not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4. ()ne additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. 5. 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, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. L (7) - Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. L (14) = Uses are limited to no more than 10,000 square feet of gross floor area. L (25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. 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. 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. The following charts illustrate the general zoning district regulations differences between the two zoning districts: Neighborhood Residential: Employment Centers: Maximum density, dwelling units per acre 2 Maximum lot coverage 30% Minimum landscaped area 70% Maximum building height 40 feet *Limits apply to subdivision of more than 2 acres in lieu of minimum lot size and dimension requirements: Minimum lot area (square feet) 2,900 Minimum lot width 20 feet Minimum lot depth 50 feet Minimum front yard setback None Minimum side yard None Maximum lot coverage 80% Minimum landscaped area 20% Maximum building height 100 feet Staff Findings The proposed zoning change is compatible with neighboring zoning designations, and is in 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 .imits of 500' Iotification imits ot 200' otificat on SITE In Favor Scale: None Public Notification Date: June 8, 2004 200' Legal Notices* sent via Certified Mail: 3 Number of responses to 200' Legal Notice: · In Opposition: 0 · 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 ATTACHMENT 4 Site Photo Attachment 5 Tuesday, May 25, 2004 Mayor, City Council. Planning & Zoning Commission City Staff City of Denton Re: Letter of Intent for rezoning approximately 8 acres along U.S. 380, east of Thomas Egan Rd. To Whom It May Concern: Comprehensive Plan designation: Employment Center Existing zoning NR-2 Proposed Zoning: EC-C Justification: Owner is planning on building an office I light manufacturing park on the western tract. We request a change in zoning to allow this use. The request is consistent with the comprehensive plan designation assigned by the City to the area. The property is currently used as an office site. Public Facilities: Water: Water is currently dead-ended at the west side of Masch Branch and U.S.380. Our plan is to use well water for potable, and on-site pond for fire protection during phase one of the project. Phase 2 would extend the 12" watermain from its current location approximately 1-mile to the subject tract. Final decisions on the water plan would be made during platting. This option was discussed with staff during a Pre-Design meeting. Sanitary Sewer: Line exists on the property. to this line. Agreement was made with owner during easement negotiations to allow connection Transpodation: U.S. 380 is a 2qane state controlled arterial. the development. We'll work with City staff during platting to insure safe conditions for Drainage: Floodplain from Dry Fork exists on the property. The site plan would be designed to drain to this area. Schools: Not affected negatively by this commercial development. Sincerely Allen R. Bussell GEES, Inc. GREG EDWARDS ENGINEERING SERVICES, INC. 1621 AMANDA COURT PONDER TEXAS 76259 P940.482.2907F940.482.8128 W1NW. GEES. US ATTACHMENT 6 PUBLIC NOTIFICATION RESPONSES Name & Address Opposed / In Favor / Neutral Written Remarks C. R. Stafford 8545 W. University In Favor N/A CondcnscltTM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 i9 20 21 22 23 24 25 Page 169 COMMISSIONER POWELL: We. are now on public hearing nmnbcr 7F, rezoning of approximately 8.3 acres from a neighborhood residential zoning district to an employment center cmmnercial zoning district. Thc property is generally located on the south side of University Drive approximately 900 feet cast of Thomas Egan Road. Light manufacturing and office are proposed. Mr. Fuller. MR. FULLER: Thank you. The applicant is is requesting to rezone approximately 8.3 acres frolrt NR-2 tO the Eec zoning district. The current NR-2 zoning d/strict is not in compliance with the future land usc plan which is employment centers. That is due to a mapping ch'or. The neighborhood residential zoning district which is the NR-2 does not comply with the future land use plan designation which is employment centers. This application, this request is simply to bring the zoning and the future land use plan into compliance. The staffers received one letter in favor of the request, none in opposition. Staff recommends approval. Thank you. COMMISS£ONER POWELL: ^ny questions of staff?. Seeing none, I'll ask the applicant. MR. BUSSELL: My name is Allen Bussell. I work at Greg Edwards Engineering Services, 1621 Amanda Page 170 Court in Ponder. I'm representing Rex Stafford on the Shady Creek. This is the site and the location. We're about a mile past Masch Branch. It's quite a ways down the road there. This is the site and the aerial and the surrounding uses which are agricultural for the most part, but there are coimnercial uses along 380 within the city limits existing there now. The drainage on the property, there's a high point here at the dashed tine and then the arrows are showing how the drainage is going out. The next slide shows the flood plain, the ESA designated flood plain that currently exists on the property. As you can see or a great deal of the property is -- is covered with flood plain. And we would be required to stay out of that. This is the actual aSA stremn buffer that exists. And pretty much that's the floodway that's in there. So that gets wet quite a bit. This is the Comprehensive Plan as you can see, where the arrow, the red arrow there, the property lies within the employment district, as Chris had pointed out. And this is what we're -- what the current zoning is though. It's NR-2 currently. And this is what we propose to change it to, which is ECC, Empto3nnent Center Co~mnercial. There's currently a business on the site. And this would be keeping it in conformance, but we also 6 7 8 9 10 11 12 13 14 15 16 17 18 '19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I7 18 19 20 21 22 23 24 25 Page 171 have a plan that we would like to approve this item. Can't do that with the current zoning. And this is thc conceptual site plan that Allen Nelson and Kelly Morgan did for the site. The phase I would be two of those buildings and then later phases would have more of the buildings come on. So it would make it look a lot nicer along 380 than what it currently is and allow us to improve the business there. If there's any questions, I'll be happy to answer them. COMMISSIONER POWELL: Any questions of the applicant? Seeing none, we thank you. Weeps, I got a quick one from Mr. Roy. COMMISSIONER ROY: Those are Wal-Mart colors. You're not suggesting anything? MR. BUSSELL: Thos¢ aren't Wal-Mart colors. There's no blue there. COMMISSIONER ROY: Oh, I thought it was gray and white, okay. MR. BUSSELL: I'm just giving yOU a hard time. COMMISSIONER POWELL: Any other questions of the applicant? Thank you, sir. MR. BUSSELL: Thank y'all. COMMISSIONER POWELL: I will now officially Page 172 open the public hearing and ask if anyone in the audience would like to speak for or against the motion -- or excuse me, the item. Seeing no speakers for or against, I will officially close the public hearing and ask nay fellow conunissioners if they have any questions or motions or discussion since we don't need a rebuttal. Mr. Roy and then Mr. Strange. I'm sorry, Mr. Strange, I'm asleep here. COMMISSIONER ROY: I'm ready to move approval of this subject -- of this item. COMMISSIONER POWELL: Mr. Strange. COMMISSIONER STRANGE: s-~cond. COMMISSIONER POWELL: we have a motion and a second to approve Item 7F. Being no further discussion, I will call for a vote. Motion is approved 6-0. And this employment center should help tl~e school district. PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 169 - Page 172 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF APPROXIMATELY 8.3 ACRES FROM THE NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT TO THE EMPLOYMENT CENTER COMMERCIAL (EC-C) ZONING DISTRICT; THE PROPERTY IS GENERALLY LOCATED ON THE SOUTH SIDE OF UNIVERSITY DRIVE, APPROXIMATELY 900 FEET EAST OF THOMAS EGAN ROAD IN 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. (Z04-0023) WHEREAS, Greg Edwards Engineering Services, Inc. has applied for a change in zoning for approximately 8.3 acres of land located on the south side of University Drive, approximately 900 feet east of Thomas Egan Road and more particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from Neighborhood Residemial 2 (NR-2) zoning district classification to Employmem Cemer Commercial (EC-C) zoning district classification and use designation; and WHEREAS, on June 23, 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 zoning district classification and use designation of the Property is hereby changed from Neighborhood Residemial 2 (NR-2) zoning district to an Employmem Cemer Commercial (EC-C) zoning district classification and use designation. SECTION 2. The City's official zoning map is amended to show the change in zoning district classification. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the DeNon Record-Chronicle, a daily newspaper published in the City of Demon, 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 FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 2 Exhibit A 8.296 ACRES CITY;LIMITS Being all that certain tract or parcel of land situated In the E.A. Orr Survey Abstract Number 983 In the City of Denton, Denton County, Texas and being part of a called 4.200 acre tract of land described in the Deed to Lisa K. Fergason, Trustee of the Christopher J. Wetzel Trust as recorded in County Clerk's File Number 93-R0094286 of the Real Property records, Denton, County, Texas, and part of a called 4.349 acre tract of land described in the Deed to Howard D, Harper and wife, Carolyn J. Harper as recorded in Volume 1661, Page 160 of sald Real Property Records, and part of a called 10.000 acm tract of land described in the Deed to Howard D. Harper and wife, Carolyn J. Harper as recorded In Volume 1128, Page 446 of the Deed records, Denton County, Texas and being more particularly described as follows: BEGINNING at the Northeast comer of said Fergeson tract in the South right-of-way line of U.S. Highway 380; THENCE South 01 Degroos 16 Minutos 13 Seconds West with the East line of said Fergeson tract a distance of 439.70 feet to a point for the Southeast comer of the herein described tract; THENCE North 87 Degrees 55 Minutes 35 Seconds West severing said Fergeson and Harper tracts a distance of 749.30 feet to a point for the Southwest comer of the herein described tract in the West line of said 10,000 acre Harper tract; THENCE North 10 Degrees 45 Minutes 13 Seconds West with tho West line of said 10,000 acre tract a distance of 478,33 feet to a 1/2' iron rod found for the Northwest comer of said 10.000 acre tract in the South right-of-way line of said U.S. Highway 380; THENCE South 86 Degrees 07 Minutes 24 Seconds East with the 5outh right-of-way line of saici Highway and the North line of said 10.000 acm tract passing at 504.29 feet a 1/2" iron rod found for the Northeast corner thereof and the Northwest corner of said 4.349 acre tract, and passing at 677.02 feet a 1t2" Iron rod found for the Northeast comer thereof and the Northwest corner of said 4.2000 acre tract continuing on said course a total distance of 849.75 feet to the POINT OF BEGINNING and enclosing 8.296 acres of land mom or less. AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: July 20, 2004 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT - Z04-0017: (The Cove at North Lakes) Hold a public hearing and consider adoption of an ordinance rezoning approximately 30.7 acres from a Neighborhood Residential 2 (NR-2) zoning district to approximately 6.2 acres of Neighborhood Residential 4 (NR-4) and 24.5 acres of Neighborhood Residential 6 (NR-6) zoning districts with an overlay district that limits the density in the proposed NR-6 zoning district to 4.7 residential lots per acre (a maximum of 117 residential lots), limits the permitted uses to those allowed within NR-4 zoning districts, and establishes the building setbacks pursuant to the NR-4 districts. The property is generally located at the southwest comer of Hinkle and Windsor intersection. Single- family development is proposed. The Planning and Zoning Commission recommends denial (5-1). If the Council chooses to approve this request, a supermajori .ty vote by the Council is required. BACKGROUND Applicant: Marvin Morgan Denton, TX On May 26, 2004, the Planning and Zoning Commission (with only four members present) granted the applicant's request to continue the public hearing in order to allow a full complement of Commissioners to be available to hear the case at a later date. The applicant intends to develop the site based on an overall density of 4.6 units per acre (averaging densities in the NR-4 and NR-6 districts). An NR-4 district along Hinkle Drive would allow similar lot sizes to the existing residential lots across the street. The proposed overlay district limits the density within the proposed NR-6 zoning district to 4.7 residential lots per acre (a maximum of 117 residential lots), limits the permitted uses to those allowed within NR-4 zoning districts, and establishes the building setbacks per the NR-4 districts. Under the existing NR-2 zoning designation a maximum of 61 residential lots could be developed. Under the proposed 6.2 acres of NR-4 and 24.5 acres of NR-6 with an overlay zoning designations up to 24 NR-4 lots and 117 NR-6 lots could be developed totaling 141 residential lots. On April 14, 2004, the Planning and Zoning Commission recommended denial of the request for NR-4 and NR-6 districts. The applicant intended to revise the application to include the overlay district to accommodate the neighbors concerns about density and potential development of duplexes or town homes within the proposed NR-6 district. The proposed zoning change is in compliance with the policies of the Demon Plan regarding the definition of compatibility with existing neighborhoods. A neighborhood meeting was held on April 6, 2004, and approximately 19 residems attended. The following issues were discussed: square footage, price range, site design and materials of the proposed units, the impact of the development on the recharge area of the floodplain; the use of an overlay district to limit the density to 4.5 units per acre; use of deed restrictions to limit the density and establish site design standards; increase in traffic and speeding; extension of Northridge Street; is preferred; which DISD schools would the future residents attend; and no driveway access along Hinkle. Public notification information is provided in Attachment 3. As of this writing, staff has received seven (7) responses in opposition from property owners within 200 feet of the subject site represeming 8.2% of the land within 200 feet. Per Section 35.3C.4.b of the Developmem Code, a super majority vote from the City Council will be required to approve this case due to the Planning and Zoning Commission's recommendation for denial. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends denial (5-1, Commissioner Watkins opposes) ESTIMATED PROJECT SCHEDULE The subject property is not platted. Preliminary and final plats are required prior to the issuance of any building permits. PRIOR ACTION/REVIEW The Planning and Zoning Commission recommended denial on April 14, 2004, of the zoning request (Z04-0006) for NR-4 and NR-6 zoning districts. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification (Property Owner Notification Map) 4. May 26, 2004 Speaker Cards 5. Neighborhood Minutes 6. Zoning Plan 7. April 14, 2004 Planning and Zoning Commission Minutes 8. June 23, 2004 Planning and Zoning Commission Minutes 9. Ordinance Prepared by: Deborah Viera, AICP Planner II Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Zoning Request The applicant is requesting the rezoning of approximately 6.2 acres to Neighborhood Residential 4 (NR-4) and 24.5 acres to Neighborhood Residential 6 (NR-6) zoning districts with an overlay district to develop a single-family subdivision. The overlay district limits the density within the proposed NR-6 zoning district to 4.7 residential lots per acre (a maximum of 117 residential lots), limits the permitted uses to those allowed within NR-4 zoning districts, and establishes the building setbacks per the NR-4 districts. Existing Condition of Property Property History. February 20, 2002 - Ordinance 2002-040 placed the subject property in a Neighborhood Residential 2 (NR-2) zoning district. Prior to the adoption of the Development Code the property was zoned agricultural. Adjacent zoning and land uses. North: South: East: West: Neighborhood Residential 2 (NR-2) (parkland across Windsor Drive) Neighborhood Residential 2 (NR-2) (Alterra Assisting Living facilities) Neighborhood Residential 3 Neighborhood Residential Mixed-Use 12 (NRMU- 12) zoning districts (existing residential subdivisions and Good Samaritan facilities) Neighborhood Residential 2 (NR-2) (parkland) Comprehensive Plan Analysis The Denton Plan identifies the subject site as 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. According to the definition of compatibility per the Denton Plan, compatibility refers to: "The characteristics of difJkrent uses or activities or design which allow them to be located near or adjacent to each other in harmony... Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development. "(p. 188) Similar street patterns, architectural features, similar setbacks, street tree line, and open space areas could attain compatibility. The site design standards as identified in the Development Code, would make the proposed development compatible with The Denton Plan. 4 Development Review Analysis Transportation A Traffic Impact Analysis (TIA) will be required at the time of platting because the proposed use will generate more than 1,000 trips per day or more than 100 trips per hour. The TIA will demonstrate that there is adequate traffic related infrastructure to support the proposed developmem uses and/or idemify any mitigation or improvemems needed to maimain adequate levels of service. Right-of-way dedication for Windsor Drive and Hinkle Drive and any proposed public streets will be required prior to developmem. Access The proposed developmem will be required to take access from Hinkle Drive. Road Capacity Denton Mobility Plan identifies Hinkle Drive as a collector street. This street is designed to be a four (4) lane undivided street without parking, providing four (4) lanes of through traffic. As such, its designed traffic capacity allows for a tolerable traffic flow of up to 14,900 trips per day. Hinkle Drive is curremly constructed with two (2) lanes without parking. DeNon Mobility Plan idemifies Windsor Drive as a secondary major arterial road. This road is designed to be a four (4) lane undivided street without parking, providing four (4) lanes of through traffic. As such, its designed traffic capacity allows for a tolerable traffic flow of up to 14,900 trips per day. Windsor Drive is currently constructed with two (2) lanes without parking. Development Review 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 intensity may be appropriate when the property was developed. The subject property was designated as NR-2 by the adoption of the Development Code. Determining the appropriate zoning designation at the time when development is prone to occur allows for a more detailed analysis of the current developmem trends. Adjacem property owners usually 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 existing Neighborhood/Infill Compatibility land Use Category was typically rezoned to NR-2. Based on recem zoning cases, it appears that adjacem 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. The purpose of having a NR-4 district proposed along Hinkle Drive is to provide similar lot sizes as the existing residential lots across the street. The residential subdivisions across the street are zoned NR-3 allowing a density of 3.5 lots per acre. The proposed NR-6 with an overlay would be buffered from the existing single-family subdivisions by parkland to the North and West, the Alterra Assisting Living facility to the South, and the proposed 6.2 acres of NR-4 along the East. The proposed NR-4 and NR-6 would eliminate or control through the approval of a Specific Use Permit (SUP) the few non- residential uses allowed under the existing NR-2 zoning classification. The differences between the existing NR-2 and the proposed NR-4 and NR-6/overlay zoning designations are summarized in the following table: Attached Single-family Dwelling N SUP SUP Duplex N L (3) L (3) Manufactured Housing Developments SUP N N Equestrian Facilities SUP N N Kennels L (37) N N Veterinary Clinics L (14) N N Gas Wells L (27) SUP/L (27) SUP/L (27) Maximum density, dwelling per acre 2 4 4.7 Minimum side yard for non-attached 10 5 5 buildings (ft) Maximum lot coverage 30% 60% 60% Minimum landscape area 70% 40% 40% Maximum building height (ft) 40 40 40 Minimum yard when abutting a single- 10 feet plus 10 feet plus 10 feet plus 1 family use or district 1 foot for 1 foot for foot for each each foot of each foot of foot of building building building height height height above above 20 above 20 20 feet feet feet The proposed development is subject to the site design standards per Subchapter 13 of the Development Code regarding street trees, buffering and screening, access, parking and vehicular circulation, and building material and orientation. STAFF RECOMMENDATION Staff recommends approval of Z04-0017 based on the following findings: 1. The proposed zoning change is in compliance with the policies of the Denton Plan regarding land uses and compatibility. 2. The proposed NR-6/overlay district will be buffered from existing residential subdivisions. 3. The overlay district limits the density within the proposed NR-6 zoning district to 4.7 residential lots per acre (a maximum of 117 residential lots), limits the permitted uses to those allowed within NR-4 zoning districts, and establishes the building setbacks per the NR-4 districts. 4. The proposed NR-4 would be a transition between the adjacent NR-3 district across Hinkle Drive. 5. The overall density would be 4.6 units per acre. ATTACHMENT 2 Maps NORTH LOCATION AND ZONING MAP FUTURE LAND USE MAP ATTACHMENT 3 Public Notification Notification Map NORTH SITE Scale: None Newspaper Notification Date: May 164, 2004 Percent of land within 200' in opposition: 8.2% 200' Legal Notices* sent via Certified Mail: 18 500' Courtesy Notices* sent via 1st Class Mail: 80 · In Favor: 0 · Opposed: 7 · Neutral: 2 Additional Opposition Outside the 500 ft area is attached. *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 Property Owner Responses Property Owner Name In favor/neutral/Comments and Address /opposed* Harold Perry, Neutral Concerns about increase traffic on 720 Mimosa Dr. Hinkle and neighborhood streets - Northridge, Mimosa, Magnolia, and Headlee - which feed traffic onto Carroll Boulevard. Safety issue of only two streets in and out of development. Adequate measure needed to address long time drainage problem in this area. Possible inclusion of duplexes in development. Loretta Blair, Neutral I live on Hinkle Drive (the only house 2710 Hinkle St. on Hinkle). I can't get out of my driveway now. What would 143 houses across the street from me do for me? Ernest Briggs, Opposed with The proposed rezoning has not change 721 Northridge St. exception from the first notice in April and is still approximately double the density of surrounding neighborhoods. NR-4 would be more appropriate/acceptable for the entire 30.7 acres. What will be the size, price range, quality and restrictions of the homes? Denton has a need for some high quality patio or garden homes for our increasing number of senior citizens. We have less need for single-family tract homes David W. Duncan, Opposed My house is located at the SW corner 721 Mimosa Dr. of Mimosa and Hinkle intersection. 1. Increased traffic on Hinkle. 2. Probable elimination of bike lane used by bikers. 3. Decrease value of property. 4. Very dangerous to back a car from my garage onto Hinkle. Curtis A. Dimberg, Opposed High density as proposed in this plan 714 Headlee St. appears very detrimental to adjacent property values. Increase in traffic from this type of development also very undesirable. 10 Mary Nan Mailman, Opposed Increased traffic on Hinkle Drive, public 715 Mimosa Dr. noise, lack of knowledge of quality of housing, and numbers of people involved in this project, guarantees? Avon Cline, Opposed 1. Lower value of existing homes in 714 Mimosa Dr. the 200 ft limits. 2. Overcrowding of existing elementary schools. 3. Heavy traffic in park and residential area. Margaret Hook, Opposed Too much traffic already! Not enough 721 W. Windsor Dr. retail stores on this side of town! It's nice having green, open space! Virginia Langston, Opposed Denton Good Samaritan Village has Acting Administrator for elderly drivers and we are very Denton Good Samaritan concerned with increased traffic on Village, Hinkle with proposed density. 2500 Hinkle Drive Barbara Schleinat, Opposed I am writing to set forth my opinion of 400 Northridge St. the proposed building of small homes on the property at the intersection of Windsor and Hinkle Dr. I am opposed to the project because it will decrease the value of the property in the Headlee Addition James D. and Diana Opposed See attached letters White, 528 Mimosa Dr. Gwen Lam, Opposed I live at 617 Headlee Ln and am most 617 Headlee St. concerned about the possibility of rezoning the area on Hinkle to permit 135 small lot homes as opposed to the 50 larger homes that would currently be permitted. The traffic on Hinkle has already increased enormously since I move here 15 years ago and I don't think we can handle as much as would be added if we have the influx of small dwellings. Right now there is frequently a long wait to enter Hinkle and care must be exercised to watch out for speeders. I hate to think what would ensue at Hinkle and University. Thanks for your attention. 11 Mildred Marsh, Opposed See attached letter. 717 Headlee St. Robert Strawn, Opposed See attached letter. 2508 Mesquite St. 12 From: lc(ely Carpe,q tar' To: White, Diana Da(e: 5/24/04 3;00PM Subject: Rc': Proposed develop $;en~ Windsor and Hirkis¢ Ti~ankyouforyouroor!'x?enl, s !wiilsendthem oil~esariforcis~'ibu!ier', othePianning Ceramist, ion Kei¥ Ca"penter, AiCP Di!',2cio~' Panning and Developmenl; Ciiy o¢ Denton 94034,9,8504 ~,,'o~c e >>> "Diana Whi e" <dkwh te(~.~!char~e ,net> 5/24/2004 '! ;38;i2 PM >>> we are esidentsof~heHeadleeAddi on ocaec;ianor(hDen~onadacer¢.to~i',eJa~d~equesti~gazomrg cl*a ~ge a ihe SW come' of' Hrlke and '¢',¢ ~Oso,r Wa watcher the P ann '~g and Zoning Board Pkbic Hea~' ;~g i4 Apr! and were concerned about i~'e information discdssed Most of the i".,omee i¢~ our' ne g '~borheod were constructed between about 1964 and tho early I980s. on ~os Gl one-half to m'~e~[hh d ac--e. One ho~e is valued a over 5300,000, ~;,~( most are ~n S125000-8!95,000 raege, Mos~ of the isomes are owned by the peop',e who lye in them -few are re, ted The i~or"e shown siiuated o'~ 14i-~kl,e (sLippose¢iy rep'eseetive what was ~, ~he 13eighborl~ood} ~hat was bultbefo~eihe subdivision was )ietieda~d sits on iwo lo s, alalingo~e~l~ai!acre. Aeod that sat on hlir kle was (©rn down and re[sie, ged facing Magnolia ir 209I, and is app~oximateiy 2000 sq ~are feel i xsluding a/~ached gan::~ge and covered s!orage 8rea, Ail of i've ho'/:es i's ihe subdiMsion have ',)rick venee' iacades, 'T'he !and m~der consideration fo Fezoni';g isasa creek brarch Ii,at own ~ro~gh ii, which receives eve flow from t!e No~th Lakes lake ¢erth 01 Windsm' n the park, as '.','ell as p~ nol¢ I'~'o! ~ the Head(aa Acdilion and No~th Un versi? P ace west of the p~oposed co~,struotion site Hnklefleodajus~sauth Good Samaritan V!lage a~ t!~e creek One finds it difficult to see how ihe e~',gmeering on (~e properly eok~id 8!!ev ate (he d¢8 nage problems 8% add a large BL tuber of i3emes n ~he watershed. Incase yo~. are 'or aware, ~he creek b~anch flows (hroL~? ~,he Good Samarit~'~ )rope~ly a'¢; under Dentoe Center, co,n~ ',~ ~"~9 ( r1¢e~g'oL nd Ln~i ( become opex again r'ea~ w!~at is now the Habitat for ,tumar-ities resale shop a Calro}l 8nd $~zr',seL The extra-ru "~oef orea~ed by a housing ]roject of the sze xoposed couad crea~e f ooding i}rob~ems in the a"ea, because the increased voiume 0 v,.,aler coLi( crea~e more ~u loef 1hen creek: coed carry, Ais©,be(:auseofihe ack©F hroughstree~sin©enion,(he~,-affcof Hinkewou'd~ncreasesigmfiea~ iy, as woud cross haffic fi'on; Cerroi and '¢-affic from Manna going io he addition We feel (hai Ihis is, opos,,~d dave opmen~ wouid compromise e s egrity o¢ our ne gl",bor'~ood and that( of lhe North Un ve,'si~:y Piece r~,eighboxhood 13 Dear SiC We are residents of the Headiee Addition located in north Denton adjacent to the land requesting 8 zoning change al the SW corner of Hinkfe and Windsor We watchec the Plannin9 and Zoning Board Public Hearing 14 April and were concerned about tt~e infornaation discussed. Most of t!ae homes in our neighborhood were constructed between about ~! 964 anti the early 1980s, on lots of one~haif to one4hird acre. One home is valueci at over $300,000 but most are the SI25.000-$I95~000 range. Most of t!-~e homes are owned by ~he people who live in them few are rented - and several of the iaomes are one-owner homes. The home shown situated on Hir,,kle (supposedly repr'esentive what was in the neighborhood) was built before the subdivision was platied and sits on two lots, !otaling one-half acre, An second home that sat on Hink!e was ~.orn down and replaced facing Magno!ia in 200I, and is approxima!eiy 2000 square feet, including attached garage and covered storage area. Al! of the isomes in the subdivision have brick veneer facades. The land under consideration for rezoning has a creek branch that flows through it. which receives overflow from the North Lakes lake north of Windsor in the park, as well as runoff from the Headiee Addition and North University Place west: of the proposed construction site. Hink!e floods just south of Good Samaritan Village at the creek. One finds it difficull to see how tl~e engineering on the ploperty could alleviate the drainage prob!ems and add a large number of homes n the watershed. Incase you are not aware, the creek branch flows through the Good Samaritan property and under Denton Center, continuing underground unti! it become open again near what is now the Habitat for' Human ties resale shop at Carrol! and Sunsel, The extracunoff created by a housing proiect of the size proposed co~!d create serious flooding problerns in the area becakise the increased vo!u!I~e of water could create more runeff ~han the creek could carry. Aisc, because of tine lack of through streets in Denton the traffic on Hinkle would increase significantiy, as would cross traffic from Carroll and traffic from Malone going to ti~e additior We feel tha~ ~h~s proposed development wou~d compromise the integrity of our ne~g!~borhood and ~'~at o~ the North Un~vers~ty P~ace neighborhood. James D. and Diana White 528 Mmosa Drive Denton. Texas 76201 3874 74 d 14 ty name is Mildred Marsh. l!iveat717HeadleeStreet, Denton, TX76201. My hone :number is 382-2126 and my' email is rnwrnarsh~earii~link.net. I received notice today' (May 23, 2004) regarding 'the rezoning of the 30 acres on the }uthwest corner of Windsor Drive and Hinkle Streets. here are several problems in connection with the rezoning request: I. Safety- this has been a quiet and safe neighborhood~ The zoning you request witl hinder these features and cause crowded unsafe conditions, 2. Traffic ,-problems will be created, especially at Hinkle and University Drive (Highway 380), This intersection is extremely dangerous now',; and if the addition of 135+ houses is created, tile intersection will become, "accident haven," It is almost impossible to get in and out of Hinkle Street in today's traffic.. 3. Drainage- drainage is a problem in this area. Which way wi!! the developer drain the 30 acres, Is this prope~iy not a flood plain now? How cio they plan to drain the Iow lying area of the property? 4. The people in the neighborhood have purchased large lots and the addition of the:se many smalt homes will deplete the resale and the value of their homes, This wi!l take a "big bite" in the current homeowners savings since one's home is a big pad: of one's estate, }sk that 'this rezoning be denied. The prope~y was zoned in accordance with e present neighborhood. Persons buying homes were made aware of that )ning when purchasing their homes, It is not just, nor honest to come back and st up a hodge-podge of houses and ruin a good neighborhood, Please teave e zoning as it now exists. Thank you for your time. Mildred Marsh m w n~a rsh@ e alth link. net EarthLink: The #1 provider of the Real Internet~ Dear Deborah Viera, I'm writing regarding the proposed zoning change on Hinkle in Denton. ! am a resident in the adjacent neighborhood at 2508 Mesquite St. I'm a single father with two boy, one enrolled at Calhoun Middle School and the other at Evers Elementary. Due to the recent changes in school funding, bus services were withdrawn for our neighborhood forcing them to ride their bikes to school. The high density housing proposed would dramatically increase the traffic in our neighborhood as well as the route my children ride to attend school. Requests for a stop light at the corner of Hinkle and University has repeatedly been denied due to the light that already exists at Fulton and University. The increased traffic flow would make this intersection even more dangerous than it already is. There are already four nursing and retirement homes in our area, track homes, and Hinkle is being used as a cut thru for those who attempt to avoid the Denton Center area. We have a wonderful neighborhood which ! feel is in serious jeopardy of being ruined by this proposed development. This land would be far better suited for a greenbelt area and extension of Northlakes Park. ! would appreciate you voting against this development, helping us preserve the surrounding neighborhoods. ! thank you for hearing my opinion, and hope that you stand with the neighbors in this community by voting against this proposal. Sincerely, Robert Strawn 16 ATTACHMENT 4 The following speaker cards were filled during the May 26, 2004 Planning and Zoning meeting by citizens interested on any of zoning change applications along Hinkle Drive. Some of the cards do not specify which particular case the speaker was interested about. 17 WISH TO' SPE,\K ON Tills I'IEM. BITI"401"L]) lAKE TIIE I'OLLO',ViNG N'I'S( lt!C~7l ,AF1FDTO Tt~t!~CO ~ISS~ONF, Rg S [PI:'O R T I31 E I. l ~ J I 'F F 0 R S P E A 14 E RS I S T !'! R E E { 3 ) ~ ! l N t,l E, S. ;\ P E T 1 T I O N E R 1 i A S S ~ I I N LT E S T O S Pi: ~ K O N A P L !li~ l C H E \R!N Ci A P P 1. I (AT! OiN:, REOIrEST TO ADDRESS AN AGENDA, ITEM ADDRESS Agenda Item # i A. I W'ISH TO SPEAK ON TillS ITEM. I W'II,L SPEAK IN: 7:,,. SUPPORT [ ] OPPOSITION I DO NOT '&'tSH TO SPEAK' ON THIS ITEM, BUT' WOULD LIKZ THE FOLLOWING COMMENTS CIRCULATED TO TIlE COMMMISSIONERS. [ ] SUPPORT [ ] OPPOSiTiON T1 ME L/Y11T FO R S P E kKERS I S TIt I~;E (13) M I N ¢ 'i iS. A ~ E'I'I 1 ,I~z ,; aR }I AS 15 MINUTES TO SPEAK O~ A PUBLIC HEARING APPLICATION. J8 REQ,[ EST TO )~.I)I)RESS AN A(;ENI)A ITE~I (PLti',iSE ADDRESS i Ag:e~da Item # .,x. I WISIt '[O SPEAK ON Tills ITEM, [ WILL SPEAK IN: [ ] SLiPPORT I/] ..... OPPOSITION I DO N6'~ ..... ~ ~,14 lI~ TO SPEAK ON THIS iTIO4, tlIiT. W()i:JIJ)IJKE DIE FOI&OWIN(; CO[k/?,'IETNTS CIRC[:L,,k"I'E!)TO THE COMS,15'~[SSION I~ItS. [ ] S[PPORI7 [ [ OPPOSITiON TIM!i~ LIMIT FOR SPIi;;,,KERS IS '[]tREE (3) 5'IINI[ TES. ;~ PETITIONER IIAS 15 5,1INt[ TES TO S P E~[ K ON A PI BLIC ~!EA RING/k P Pi1 CATION. ,/ SS WISH TO SI; iSkig (iN Tills [TESI, ~ SIJPPOI!T OPPOS1]IIIN DO NOT ',I[SI1 'I'O SPEAI(ON O PPO$1T[O:'; t' 1,5:1 E :l, 1511~ !' F O R S P E A K E R S l S T I: { R E E ( 3 ) 51 IN t ' 1'14; S. ,,k P E 1:' 1TI O N E R 1 ! A S 15 ?~! IN ~ "I'I~:S 11) SPEAK ON :k PI t~1 I( II I~ ~kRIN(} ..kPPLI(7.kT!ON. 19 ~IEST TO Al)DRESS AN AG}~NDA FI'EM ZIP I DO NOT W IS Il T() S PEAK O N FH IS tTE M. B 1 TWO [,i LD L 1KF, TTt I E Ii'() L I,(}WI N (; COM ~l li~N I'S CIRC1JLATtED 1'0 THE CO M~I ~SS1ONERS OPPOSITIO~ I'IMEI,IMITFOR, SPEAKERS IS THREE (3) ~IINE'FES' APETI'FtONERHAS 15 !¥11NI;TF.S 'I'O SPEAK ON A PI BIJC [1EARING APP~,!CATION, S 1 P PO R~I O P POS IT1 () N B, I DO NOT WISII TO SPEAK ON TltlS FI'EM. B[?I WO~"I.D LIKI THE COMMli;N I'S CIRCIYI.ATED TO THE, CO~IMISSIONT, RS. Slip PO RI? ~. O FOR SPEAKERS 1S Rl~ 1((3) M I N UTES A PETITION ER HA, S TO S P2~iZA K ON A P 1. B ~ ,IC ti E A R1N G ,k P PI~I CAT! O h', 2O OPPOSITION NOT %iSlt TO SPEAK 07 THIS !TEM, BI:F WOIiLD LlbiE THE i;OI.LOWING M ~ N TS ( ll~ C~ L VFE D i'O 'Fd: C~ ,5I ¥~M !SS~ONERS. I t SIPP{)RT ] I OPPOSITION t j~U.-'r t t ~' ~' ., TIME ~..~'IIT FOR SPEAKERS iS THREE ~,itNUTES TO SPEAK ,()N ,~ ~ ..... NG kP~,ICATION. A(,,,:.BD.-, ITEM IH(©LEST TO ADDRESS AN '~? '" e, (PLF..4SE t~RINT) CITY Age,ida Item A, 1 WISH TO SPEAK ON THIS ITEM, 1 '¥¥2LL 8PEAK I : i ] SUPPORT ['?:::il OPPOSITION I DO NOT WISH: TO SPEAK ON Tills ITEM, BUT WOULD LIKE 'THE FOLI.,OWING COMMENTS CI,I~(C'ULATED '7FO THE COMMMISSIONERS. SUPPORT [ 1 OPPOSITION 'v'~M~:,~ ~ ~x,IIT FOR SPEAK1;,';I~$ IS FI!REE (3) MINUTES. A PET!TiONEi{ HAS 715 MINUTES TO SPEAK ON A PUBLI( HEARING APPLICATION. 21 ¥ B~ I DO NOT WISH TO SP[ AK ON ':Fi~S ]iTEM. HUTWOUL,)LiKi I'H~ FOL~ OWING SI. PPORT .. ................................. OPPOSIT!ON TIME !J~IIT FOR SPEAKIi:R$ IS ']'HREE {]3 MINI TES A PETITIONER 15 MINUFES TO SPEAK ON A PUtlLI(? ftE-'~RING ,~PPl !C,VFION. ,R, EOI ESF t'O ADDI1ESS AN ~GENDA !'!'E3~ (P£EA/iT PR1NTJ C]:TT ~[ S[PPO!~.T [ ] ()PPOSITION ZIP NOT %!SH 1'O SPEAK ON TI:IlS FYEM, BIJT '~ O{II;D LIKE T!,!E FOLLowING ~ ONIMENT'S (?l P:(?I 1 AT~: D TO TNE ( 'IIMEI,IM!FFORSPEAKERSISTItREE{3)MINtT!:S. APETFI'IONtCRtI~S 15MINITES FO 22 PL h'. I'SE PR ~ %' I NAME q~ PPOR'I O NOT ~X~SH TO SPEAK ON I'HIS ITtiM, B~T \!OITLD LIKE TIIE I Ol ! O\V!NG S [ P PO R ] OP POSITION TIME LIMIT FOR SPE4KERS IS TIIREE (3;} MINUTES, A PETITIONER HAS 15 M [~ N U T:li;S FO S P E K O N :k P U B I, f C I I E A R I N G: ,,~ P P I, I ( 4' FI O N N AM E ADI) RESS CIFY EST I'O AD DI~ESS k N AGI:N DA IT1'-~5! DA ITEM WISH TOSPEAKi)NTItlS[TEM, !WII,I. SPEAK SI PPOIIT I/ ...... OPPOSITION DO NOT WISIt FO SPEAK ON T!tlS ITEM, BUT xX OULD LIKI( THE FOLtX)WING COMMENTS CIRCI I~ATED TO TIlE COMMISSIONERS. O PPO, S1 I'!ON gU P P{} Rrl' TIME I,IMIT FOR SPEAKERS IS THREE (3) M INI..TES. A PETI I'IONER HAS 15 M I N'UTES 'FO S P'E AK O N A P ~I BI,IC H EARI N G A P Pl,[ CA FI {)iN. 23 S L P PO R I .................. NOT VYJ~JJ TO SPEAK ON I'HL5 TEM. BJ J V,'()J ;J,D ].)KE THE S1 PP(}P, F OPPOSJTN) 5' T 151 E l~ 15 II T F () R S P E A K E R S I S 't' 11 R E E ( 3 ) 5I l N t I' E S. P E T I ' [' 1 (2) N' l'l R i I A S l'O,]Sll [[)SPK.\K{}N l-ltlS FFI{M. ~ \\71.I~SPI.;At,~ IN: '- - ()P POS FI'! {)N S ~ P P O R F .__ NOT V, ISH TC) SPE,'~N ON THIS ITEM~ BLT %()1 IA3 LIKE TIlE FOLLOW!N(i C()MMI,TNTS l'O TItE (?OMMISS!{}NI:RS. ()PPOS!'[Ii)N SUPPOI,U' . R S P E k KE RS IS 'I't J R E E (3) M I N L SPEAK ON A P IL BI.tC l~l t'/,~ RING 24 ~j~(,}t EST TO ADDRESS AN AGENDA ITEM 4genaa ~tem # [ ] StPPORT I } OPPOSITION CO?dMENTS C; RCt LATED TO THE (?OMMSIISSIONERS. i I SI~PPOItT TIME ,LIMIT FOR SPEAKERS iS TItREE (3)MINUTES, A PETtT!ONER HAS ..... ..... APl ~%l~r ~ TEq"',:O SPEAK ON I~(2[iEST TO AD!)ItESS AN AGENDA ITEM (PLEASE PRiND Agenda Item ZIP A. l W~SH TO SPEAK ON THIS ITEM. I WHA, SPEAK IN: [ I SUPPORT [ ] OPPOSITION B, i 90 NOT WISH TO SPEAK ON THIS ITEM, BIT WOULD LIKE TI!E FOIJA)WING (70MMENTS C1RCIILATED TO THE COMMMISSIONERS, I ] SIP:PORT OPPOSITION T I M ELI MI T :FOR, S PEA KERS IS Tll REE (3) 5,'II N UTES. A 17 ETI TIONER H AS t 5 MINUTES TO SPEAK ON A PUBLIC HEARING A PPIACATION., 25 CO M MEN TS C1P. tT! !,A'! E D TO '1 'Il l; COMM ISSI ON I:I~S. REO{ EST Fi)ADDRESS ,4, N AGENDA ITEM WISH TO SPEAK ON THIS ITEM, I: YVI!J, SPEAK IN: ! [ SI!PP()I~[T NOT WISH TO SPEAK ON TitIS FFEM. BUT ¥OtLDIAKLTHEI'OI.I()WING M M E NTS (? 1 RC 1 i t,ATE D TO T Il L' C O ;%'15'1 M I S $10,N I)2 RS. ] ] SIlPPORT [ 1 OPPOSITION TI ME I:,15'1 IT FO R S PEAKE RS IS TliRE E (3) M IN UTES, A PETF[1ON E R HAS I 5 MINI lES TO SPEAK ON A PUB!,IC HEARING ,k[ PIJ('.?AT[ON, 26 ,A~ ~ V~,[S}~ TO ~PEAK ()N TIllS FI'EM. I WILL SPEAK IN: WISH TO SPEAK 05 THIS ITEM. tM F ~A'OI;ll), lIKE TltE FOI.IA)V, ING (OMMENTS CII~C[ LA ['ED TO TI!E CO, MMMISSIONERS. I I SLPPORT I ] OPPOSITION TIME L!MIT FOR SPE ~KERS IS T]ItREE (3) M]:NUTES. ,4. PE I'[}FIONER H,[S 15 MINE:TES TO SPEAK ON A PUBI !C IIE.:kRING APPLK AT1ON RE~O ~ E ST T O A D D R E S S A ~ A G 1~ N I)A ] T E M (?LIL4SE PRLVD Agenda ZIP A. I V~_.!SH TO SPEAK ()N THIS ITEM. 1{ WILL SPEAK IN: B. 1 DO NOT W~SH TO SPEAK ON THIS ITEM. Bt_T 1.~:OE[ D EIKE THE £OM MENTS CIRC [ LATED TO TH E C'OM M MISS I ON ERS. I I SIP:PORI' [ 1 OPPOSITION TIME LIMIT FOR SPEAKERS IS THREE (3) MI:NUTES. A PETITIONER HAS IS 4INI, IES TO SPEAK ON ~ PUBLIC HE-\RING APPIACATION. 27 P,LE;~3E PRINT N~51E ~OUEST TO ADDRESS AN AGENDA ITEM .~DI) R~SS 1 WISH TO SPEAK ON THIS ITEM-. 1[ WILL SPEAK ~N: S[JP P'ORT OPPOS!TION 1 DO NOT WISH TO SPEAK ON THIS ITEM, BUT WOULD LH~ TH, E FOLI.~OWING: COMMENTS CIR( [ i,A FED JO 'IHE COMMISSIONERS, SI r p pO RT ~-'/ 0 PPO S l ~'I ON T]ME 1LIMIT FOR SPEAKERS IS THREE (3) MINUTES. A PETITIONER tlAS 15 M!NUTES TO SPEAK O1"4 A PUBLIC HEAR1,N APPLICATION, 28 ATTACHMENT 5 April 6, 2004 Neighborhood Meeting Minutes The following issues were discussed: · Square footage and price range of the proposed units · Site design and materials of the proposed residential units · The impact of the development in the recharge area of the floodplain · The use of an overlay district to limit the density to 4.5 units per acre · Would the developer build the residential units · Deed restrictions could be used to limit the density and establish site design standards · Increase in traffic and speeding are concerns · No extension of Northridge Street is preferred; · Which DISD schools would the future residents attend · No driveway access along Hinkle is preferred. 29 ATTACHMENT 6 ZONING PLAN i 1 3O ATTACHMENT 7 APRIL 14, 2004 PLANNING AND ZONING MINUTES Cond~!tTM dk~ haa~ on~ ~k~ b~ ~ will nc~ 8 ~eni;ght Okay, ap,proximd~I7 ~417 acme, Mc, V~'o w~ p:K~em, Page 10 Prior to lga adap/ion t~f Ih~ I~m-,n Pbn !4 iix ~i!~ ~ ~ 9 [~r~"m~ o[: ~1~ land wl;hin 20{} f~. Two ]~t~s Page Conm~ia~ion, ~r~ tr;~ct, 10,7 ~gm E~h~-ah ba~ ak~*ady goac ov~ qai~ a bg, corn~ of ~is tract. And fl~ aC ~ ff~]IOld e~al wa~ ~a~posa{ ~ ~ mapt~ out. Andlt you ~a~ Iha¢~ pa~ of t[~ p~ Page !2 is ~]'ic cxisl;h~g ao~:i{~ and ~ waa{~ ;o s~a~ you why ica okay, Ann tl~x~ south of {ha; is h'l<.~ PLANNINO A~ ZON!NO APRIL i4TE[i 2004 MINLITSS :Page 9 - Page 12 31 Con~en~ltTM Page 1 With that. trader ~[~ new O.¢~. and ] Nice ~1~ hm w~A ~,il[ d~%~ad¢ al~ a w~i~ Page 14 3 s~ts. It will ~ m~lly pebe.~dan pa¢;s, And I can 4 ~s~r any q~¢tions you may have:, I% sum y~m have 5 ~m~ 6 COMMISSIONI/~R MULaOY: Commissioaem? Mr, 7 8 COMM!~S!ON~:~ ~OY~ so just ~lh of y~ur 9 propcr~y, would you say ~aia w!mt ~!~aI 12 COMMISS~ON]:~ ROY Ye~. And [0 14 Mat. DUSgELL: qtfiS is ~rt Of tlmt loL 15 Ifs not &ve~o~l ar d~ey had all of ~ dm'airy on ~his i6 sion, hn not su~ how they did d~at. gm j:l 19 pan of t~ p~k t0ad or anythinii. %aI'~ ,}a~:t mmeh~y 20 cl~'s pro. ny. 2! MR, ~USS~!~;L,; It's ~ platlcd lot, 22 COMMISglONER ROY; okay~ ~m~!k you, 23 COMMISSIONER MULROY; Aay 24 questions? ~ay. ~qank you, Mr; B~li[, Wc have 25 ~v-c~ ~p~¢ thai wouM ~ikc ~o $~ak, Weql start wi!h, Page 16 2 ~,'. !¢ yon'Il crone down and give 5 ~sie i~c I live ai 720 M[m0aa, ] [ ~mu~d I,tmk ]~ke. ThN i~ t{~ eXaCl width of itinklm 41 ~ I~, which is ~ old co]~g¢~r Si~ wi~ a wonq ~ large ~$, But i{ will still ~of~n ~ 18 ~lfinlivision st.,so Ws nolr~lrypan~ofzcnin8, gui 20 bg a co~meptml layout in,st m g~ $ yield out it Ami 23 So -- hal i{% a quick kx~k al lmw i[ could 24 lay crt am] work aa aa infil~ sim. And, ~nmml~n from ',[~ ~tlg~ t,kaeelopmeat. A~ ! say ca~ my ca~t that City Iaaa for ~is pr~y wilt [~ single family dweIli{~. ~ main{ab flint b o~ City. An;d I wmfld ¢acoaam~ y"a~l i~ nam~ Of d~iling pla¢~ lhal )'~ wilt have ia diff~m from oar ~;&~iviMon whkh ia NodI~[A~, ! would ~ fm fall D amsider that ~iag from, know, t~ ss, m ~hat ~ ~ or I don't ~'cm know wha~ y'a]! c~!! [t aay~mm, if I/~'~ a mqn~ for ot~ size PLANNIN(} AND ZONING APRIL 14TH, 20~ MINUTES Page 13 - Page 16 32 COMk,1']SS~ONER MULROY: YOU h~ve l:h~J and I'm o~r [~affk by something like 344 c~, ThaCs And I would ask thal y~all: ~et that ~ny ~!~ in ami oul of ~F~ two sire, a, -- oh,, th~ o~bcr ~in8 w~, ! win!Id like to ~k i~ ~ ~mc '- if them i~ a posiiblg rc~dd:ion on u~in~ sho~d we~ no!, bui ho cho~ l:ho~ carcful!y~ CO~MISS}ONER ML !,.ROY: YOtl'~ OU'[ COMM!$~ONER M ULROY; '~nk you Page 18 9 [Jvc ~ 714 g[mat~ in ~alon, of 19 [600 [t~'~ o~ mo~, 24 qui~ am~ t:igh{ m~. Anti addh~ Page 19' what ~ bought ima ~o ~orr~lhing quile di~TcrtmL Ami 6 migto¢~aae at~ if CNil Gar~ wo~ld game ~E~n and 7 Ns~, p~tsc, ~mnk yo~. If ~m't] gNC ~m yo~!r { 2 ~is~ ~ So I km~ w~ ]i{lle aborn [N~. Got 14 o~po~ a+ iL We've ~i~ {~ k~ ,o~ house up. t !5 fl~t~ ~}n~t 19~:,, And {t~al'~ w~a th~ ~r~ ca~rc I 7 wa~ a ~ve! road. 25 of ~ plaee~. A~d a~ ! ~aid, 1%'e go~n no Page 20 it~:tbrn~tinn aborn ii, So i r~all>, ~,,otdd like 2 {¢k~, Bm ! know t~ghl now ~a[ I'm oppo~l. Mail,naa. 11 Tl~:~k y~u, ~bomh, Okay nail/mlith Oarb~r~ I 3 an& I ]iw al 1200 ~dow Rid~ Dti~. And I'm !4 compimgl~ op~ ~O it, I WO~{~ ma~h ta![~t ~ lik~ 15 M~. ~ t~ ~inglc family hon~a ~mn 16 in. Ba: aa: Alkm di~cu~s~ in mar m~ing ]asl 22 ho~ible, We've Ilad o~ d~ah ~ I{~nk~e, 23 aay, lea ~r~, We've lind a car wind u,p PLANNING AND ZONING APRIL i4TII, 2004 MINUTES Page I 7 - Page 20 33 ('~aden~ItTM 4 ? 8 Page 2 I walking alnn~ thc waC, ins lm;h mid hit bva car ~ha{ w~ probably 1,[~ o[de~{ N~I~ ia 1[~ a~a ~mm I]~ hmks o( Page 23 Page 22 12 s~ gon~ k~nd of ~{ri¢ion~ pb¢~ on 4,5 Ja>~os; ~ ] 9 M~ CU~J~Y: Can I 2[ NommH% ~ ~[)[d ~{~e for ynt~ lo h~ }~ a card, But ff 2:2 ymFll eom* t~wn aod '~ 23 ~m. ~': ~ didaq lmve a pen, ¢on~ k~? ii -- b,sl w~k a~ ~e mc~/ng fl~ 14 I suppose Hm~ wvukl 1~ -- y~au know, that 21 So k~ ~oa~ quaH~y of ]mmc~ Page 24 8 how bad k ca~ ~ in ~t~ momJag~ 9 afl~, And a~ some of ! l ~li~ ~ ~ ~oi)~whal of a c~a, I doa"i know why 23 ~l'tind and ~_x~ going undernml~ }link~ and ~l~n fl~xxling 24 {I~ mad dnwn ~l~, fl~ding l/ink~ PLANNING AND ZONING AP~L 14TIt, 2004 MINLFFES Page 21 - Page 24 34 Page 26 Page 28 ~hat ~y. ~nd ~'s ~ ~son we ~ald fllaL m ~,~ cna I ~ Sa~ amount if I ~m Io sid~ the lots, Do yo~ our package. 1 rind ;~,is as your plan to do 4.5 uni~a ~ [ t Ma, BUSSELt.: YOU ~ot have a private -- it will ~ abm~l -- I ~d 4 8 m t}~ sa.~ aug I nt~L t4 COMMISSIONtSf{ ROY '~ank you. ofcour~ fimr}~ t~mov;~ul~ ~.~[J'~gul.gm be t5 COMMIS$IONtfJ*.ML~LgOY: Any around 4.5 ov~lk ,6 of Mr~ Brazil. Mr. Walkms. CDMMrSS~C}~P~ ROY: ~ay Ant~ ~med )"o~t-- ~7 COMMISSIONER WA~INS: 7hank you~ Mr, 4.5 ~mmi~cr? 19 MR. ~USSELt,; Ye~. PLANNING AND ZONING APRIL 14TH, 20~ MIN~ES Page 25 - Page 28 35 Coadcnse!tTM Page 29 wher~ I[~ ~in%~ g~s/~gh from No~h Lake? 6 COMM]&~ION~ WATKINS: ThaP~ a ~to l~t 7 lh~, ff you woukL fr,om y~aa ~o. i OMMISSION~a WA'~INS: Ycs:. Okay, And tbe smash ,;ide with [1~ Io~ ~i~ ~s th~ m6~at c4mmuoipy? Page 3 I MS. v~: ~ ~[¢a'i ha~. ~. Io~ sizc~ for 14 17 ion~g]li is Ilin.kle ~im from Windsor 20 MR, BUSSELL: ~dvat~ly own~i, 22 land, 5~q. Al! fight. '~ank you Page 30 5 hni!L ~y were probah¥ built ~o ~xane S~ 6 probably si;. ~o <~r ~)mci:bh~g like tMt. ? MS, V~ERA; glXl0 9 loday and measured tho.m~ wmdd they, in fact, be ! ! we're ta~king a~m, wouM thai ~i in fact,, J5 COMM~S;ONER JOtIN~ON: Okay, ~Vc ha~ hal t 6 am'a`; whom it may have ~a zoned wa ~ bu~ exis[mg acighborbond. And ~ t~ ?fining cla~iticadon ()kay, Tl~m mak~ n mfr. Page 32 brick, Il alta,a,,; slmen, m~ v,'~'x~ ~t~dal ~o build h~s~, Bu; it d,~a'~ ~mblish any 9 park, ~0 Ms, vih~: i believe 15 wr~M ~, aim~g II~ m~h s~e of *h~ develop~m~nt I ! ~ w~ ~klcn~J i~ ~u[d ~ -- ~i w~uid 22 whkh allows fo< four lu~ of ~a,~h PLANNING AND ZO~G APRIL 14TII, 20~. ~N~E$ Page29- Page 32 36 CoadenscltTM 5 ? 8: ~0 Il 13 ~5 !7 19 20 7.3 Page 33 fi~m~el~ alo~ Windsor ami ffink~: that may a~ be ulfima~[y, bu~ [~ w~vuld c~;aial~, help ff Wind:,;or Page 35 4 mtopi~ ? ~at a~ m~lay d~strkl cxist~ in Chap~{w ? of fl~. C~de 9 ;appl~t[oo, w,[a~aw ~ s'a,~ and t~' aa,~ and 15 application? Page 34 any way ~,u coukJ pul any m~rictims~ he~nd 2 3 4 i ] fimes]~[ and qumlkm sod ask Mr. D~ssclI what would { 3 M]~ !~USSFLL, C]sa~fl~lao, ~ {ook~[ at M~4a~ ~ ¢k~ric Ih~ s~of it a[~g Ili~k~, ~ 21 fl'mt 24 zoa~ktg is 8ranax~ ifa a f~ far all And ~ have 5~ ~ I 9 a]md, 23 wkkh ~u~ p~cril'm *arno additional p~o~ ~a doing 25 ~ k~ ~ilc pbn;~ a~ ~ pla~ni~ comm~/km aa~ no~ a~ Page 36 ~ fluWs noi ia pla~ y~, So fl~ai -, i~ our uedtm~eding 4 ~'~p* ap, d ~n a pub!k ~g wi~ ll~ Plaanin8 and pr~bly t~kiog a~ JuLy kiad chaasc~- ~;t~ l ~[l go back you ffmi O'ie ovt~iay d~s ~isl Catpcn~. Mr, Jol'mson~ pro~y in fl~b ar~ i~ h'rm.~, s~i~ from dm N!~.x on fl'~ mst d~a ~o na,~ and then tl~c PI.ANNI'NG AND ZONING APRIL 14Til, 2004 MINIJTES Page33 - Page 3,6 37 Cond~!!TM i of ~ ia box or ~ 6 ¢'OM~mao~a aoY: ok~y, ~ak }~, Mr, 6 ? 9 I1 -- ia 1 t~A~I'~) sqLaa~ ~ ~ lo~ wl~icl~ ~ boo,ally what 14 g~ m~rk from {~ so I [])¢nk t~3"ve done a p~t~y k a ~¢~ ap~li~;im~. S~ vomig ~hg dc~'n woakln'; Page 38 COMM*SS}ON~R coY: would it ~ appa~r[atc 4 you'B com~ up~ p[~m, Go ahead, Mr. Roy aboul ihaI? I mona, is i~ ~mclhi~ t[~ you'd ~ wi!!h~g 7 ~o do. ~o ~ lo aa overlay district wNch would include, ~ieve a com:m[tmen~ on your part i~ ~ermg a~ t[~ 9 ~ml, perhaps, even a commitment on the u~ ¢' 14 ADP [~S; is !ha! tic'g, Chapter ] ~ !6 lot S~ ~/.backs, la,[ coverage and u~. ! mcan. ] p~mi~ ~he ,mighbors ~hat [ would pu~uc thai 2o if il ~m available I hmo Io s~nd iN~ money on axmd~r appl[~l~oa when l'm just really unending 24 a~Ci Of thi~ if ~ turn this do~m tonight, how is 25 80in8 to work'? Is il jusI got~ to go back in fl< bctom ! 2 4 g ? ~0 l! 13 15 ~? !8 !9 20 2! 22 I 1 ~'m ~ling only wkh h~mo~b~ ! 3 as far as x~:6 You kunw. v~bal !4 cna go ~o ~a~.~..~u~l ~ik¢ ~t~ property ytm ~ talking [ 6 ~aia~] hot ~h~m il was buIld~ed [ 7 was applied i 8 ~0, if ~¢r~ gai~g something diff~m, fl~n ~ a~pficanl c~ bring ~k 22 a~ thai po[m. 8o, you know, I pm&~ ~!a~ ~ go 1I~- way 25 mo~im~ by Mr, iotm~om a Page 40 Any £u~r discussion? If not, ploa,~ vine. Motion caries 5-1, (CI)MM~S,SIONER WATK!NS V(~ING m OPl~)SrrK)N.~ PLANNING AND ZONING APR! L i 4TII, 2004 MINUTES Page 37 -Pago 40 38 CondenseItTM 5 6 7 8 9 10 11 t2 13 14 15 i6 17 I8 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 9 COMMISSIONER POWELL: We are on Item 6, continued public heatings and I will re-open the public hearing on Item 6A, rezoning of approxhnately 30.7 acres from a neighborhood residential two, NR-~ zoning district of approximately 6.2 acres to neighborhoed residential 4, NR-4. and 24.5 acres of neighborhood residential 6, NR-6, zoning districts with an overlay district. This property is generally located at the southwest corner of Hinkle Drive and Windsor Intersection, single family development is proposed. Ms. Viera. MS. VKF_Xa: oood evening, once again. These rezoning requests is for 30 acres point 7 as you mentioned, located at the southwest corner of Hinkle and Windsor. The applicant is proposing 6.2 acres of Na-4 and 24.5 acres of NR-6. The proposed 24.5 acres of NR-6 will be restricted with an overlay district by limiting the density to 4.7 units per acre witlfin tile NR-6 limiting the pemfitted uses within this district to the same as the NR-4 zoning district and by estabhshing the building set backs as per file Na-4 district. As you will recall a similar request was heard by this Conunission on April 14th. At that time thc overlay district was not part of the zoning request. The proposed overlay is in response to the concern of the neighbors, concerns expressed in that public hearing. At Page 10 this time, the staff has received eight letters from property owners within 200 feet representing 10.2 percent of opposition within 200 feet of the site. Staff is available to answer any questions that you nmy have. COMMISSIONER POWELL: Questions of staff?. Mr. Johnson. COMMISSIONER JOHNSON: Did you receive any letters favorable to tile application? MS. mean: ~ received one neutral and eight in opposition. In addition to that, I have been getting phone calls just to let -- express their concerns and opposition. But besides the eight letters that t received, nothing else. COMMISSIONER JOHNSON: okay. Thank you. COMMISSIONER POWELL: Ally other questions of staff7. Is the applicant hem? Yes, ma'am, please. Introduce yourself. Give us your name and address. MS. MITCHELL: chairman Powell, members of the Planning and Zoning Conunission, my name .~ Karen Mitchell, Mitchell Planning Group, 7823 Nine Mile Bridge Road in Fort Worth. I would like to thank y'all for allowing us to come before you this evening. I would also like to think thc staff for all of their assistance that they have }lad on this case with us. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 Page 11 As you can see our proposal is to allow a total of 141 single-family detached residential lots on 30.7 acres of land. The applicant has met with the neighborhood as well as stranded the public hearing on April 14th and obtained constructive input by the neighbors and Cormnissioners on what would work well for this property. In the spirit of compromise, the applicant has come back overlay district adjacent homeowners a guarantee of a maximtm~ density and that no town homes or duplexes will be allow to bc constructed. Additionally, the applicant is proposing to maintain the same setback standards as those in the NR-4 district. The property falls within an existing neighborhood in-fill designation of the Denton plan. Let me see if I can get this on here right. The neighborhood consists not only of single family residential dwellings, but also -- there's a retirement community including a nursing home, assisted living facilities to the south and parks. Therefore, as you can see, there are a llmnber of residential land uses in this neighborhood, but there are also a nmnber of institutional uses as well. AS Ms. Viers indicated in her staff report the maximmn density that we are requesting in the overlay is 4.77 units per acre. Although, 6.2 acres are Page 12 adjacent to Hinkle, and just a second, I'd like to go ahead and put up here -- although 6.2 acres that are adjacent to Hinkle Drive is not part of the overlay district, the overall density of the 30.7 acres would be 4.59 units per acre. Allowed density on the properties in the Northridge Additions are 3.5 units per acre giving a difference of 1.1 units per acre. On April the 6th as we've state, d, there was a neighborhood meeting that was held and these are some of the issues that were actually discussed at the neighborhood. One of them has to do with the square footage in price range of tile proposed units, site design and material of thc proposed units, the impact of the development in the rechmge area of the flood plain, the use of an overlay district to limit thc density to 4.5 units per acre. The question as to would thc developer build the residential units? Dcxxl restrictions could be used to limit the density and establish site design standards. Concern of increase in traffic and speeding, no extensions of Northridge Street being preferred. The question as to which one of the schools woutd the future residents attend and request that no driveways have access along Hinkle. If you would allow me, what I would like to do is address some of the concerns that were brought up at tile neighborhood meeting PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 9 - Page 12 CondcnseltTM 5 6 7 8 9 10 11 ~13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 13 and what it is that we have done to try to mitigate some of their concerns. COMMISSIONER I?OWELD NOt only would I allow you, I would request it. MS. MITCHELL: ~rhank you. Thank you,. At this time -- well, let me back up. I'm not going to take these in order. What Ird like to do is on the first one -- let's see. It has to do is -- is the developer also going to be the one that's building the units? Thc answer to that is no. He is talking to other builders that would actually come in and purchase the lots to build. He is not going to be building any of the homes in this subdivision, Impact of -- of the development and the recharge of the flood plain. Some of these issues are not going to be able to be addressed until we come through file platting process if we come through tbe platting process. As far as traffic is concerned, the City will require us and we will do a traffic impact analysis that will show what's going to be recotmnended as far as any type of changes to the traffic on Hinkle as well as on Windsor. Additionally, the question says deed restrictions which could limit the density and establish site design standards. Luckily, the City does have an avenue in place and that's why we're before you right now 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 15 No driveway access along Hinkle is preferred. The Code would not allow us to do driveway access, so that would be something that would be taken care of, I don't -- I know Mr. Bussell came before you-all back in April and I don't know if you guys had a chance to see his art work, which I think is pretty good. This is what would he seen as somebody is driving down Hinkle. We would be required to put in a screening wall. We would be required to put in the street trees. We have all intentions of doing exactly what the City is asking us to do on this. In summary, the applicant is proposing a single fmnily residential development that fully complies with the existing neighborhood in-fill compatibility designation as set forth in the Comprehensive Plan. Further, by approving the 24.5 acres as an overlay district we are able to guarantee a maximum density on the NR-6 request of 4.77 units per acre with no duplexes or town homes. Again, the overall density is what the residents said at the neighborhood meeting is they didn't want it to exceed 4.5 when we did the calculations of 141 lots on 30.7 acres, it came out to 4.59, With this, I will be happy to answer any questions that y'all may have. Page 14 where we can actually give a guarantee that file request of 4,5 units per acre over all -- we're at 4.59, got as close as we could, that we are proposing to do this so that they can have a piece of mind that it's not going to be double the amount of density that has the impression when you do just a straight ~4~-6. xhat's what could happen. So we are proposing that to be done by ordinance that would resu'ict our density. As far as the site design standards are concerned, the City, when they adopted the Denton Development Plan, the City came up with very stringent site design standards that only apply to lots that are 10,000 -- or less than 10,000 square fcc'cc. So those that are put into place ah'eady are the design criteria that we would be utilizing. Any lot flint's over 10,000 square feet there is no design criteria in place for those. So we feel like the City has already adopted very nice site design standards or architectural designs for the homes. As far as the extensions of North Street -- Northridgc Street is concerned, again, this is going to be a platting issue because we have really not gotten into the nuts and bolts of the lot layouts. We're in the first stage of this, which schools would they be going to? It would be Woodrow Wilson, more than likely, Stricktand Middle School and Denton Ryan. 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 16 COMMISSIONER POWELL: Anyone have any questions of file applicant? Seeing no flashing tlames, I have a question. And I'm only doing this to reiterate, You said clearly and I want to reiterate this and make sure you said there is no mulfi-fmnily housing here, MS, MITCHELL: That is correct. COMMISSIONER POWELL: This is ali single family housing.'? MS. MITCHELL: That is correct. COMMISSIONER POWELL: I just want to make clear of that. MS. MITCHELL: And also just to take it one step further. COMMISSIONER POWELL: SUlk. MS, MITCHELL: The guarantee that there is no multi-fanfily is because the City does have a provision in place that we were not aware of or really did.x't even think about going down that avenue and that is to do an overlay district on this so flint there can be some piece of mind with the neighbors that what they see in the regulations is exactly what they're going to get. In order for any of that to ever change, it would have to go back tlu:ough this exact same process where they would be notified. COMMISSIONER I'OWELL: Thank you. Any other PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 13 - Page 16 CondcnscltTM 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 t6 17 18 19 20 21 22 23 24 25 Page 17 questions? Mr. Johnson. COMMISSIONER JOHNSON: I know werre not to this point yet where you're actually doing a plan. But you do have a strip of NR-4 along Hinkle? MS, MITCHELL: Yes, sir. COMMISSIONER JOHNSON: And why is that? Is that one house deep? Two houses deep? Three houses deep or do you have any idea? MS. MITCHELL: I think it's 193, ahnost 194 deep. I may ask Mr. Bussell if he'd like to be able to answer that question a little bit better because he's kind of played with thc different designs, but hasn't gone into detail on that. COMMISSIONER POWELL: Mr. Bussell, could you help us here? And if you'll give us your name and address. MR. EUSSELL: Allen Bussell, Ores Edwards Engineering, 1621 Amanda Court, Ponder. it's one lot deptl~ and street. COMMISSIONER JOHNSON: And since there can be no drives opening on to Hinkle, then obviously they're -- the street that services these houses is on the west side of the strip, right? MR. BUSSELL: That's correct. You have two options when you're on a collector. You can either do an 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 19 COMMISSIONER POWELL: NOW~ I'm SUre there's a lot of folks that would like to speak on this issue and let me explain to you, please, don't repeat. If someone comes up hem and gives us a good explanation on why such and such is bad, we don't need a second and third one. We have a tot of cards and some of them just say Hinkle, so we don't know whether you're north Hinkle or south Hinkle because both of these it~nus are Hinkle, so we're going to play this by ear the best we can, and hope wc get everybody. And if we don't, and you want to speak, we will get you. Mr. Robert Curry. And then directly after him is Darby Reinke or Reinke. I hope I have pronounced that properly. And if they would come up to file on-deck seat, and Mr. Curry is first. MR. CURRY: ~VeI1, thank you a lot for -- COMMISSIONER POWELL: Give US your name and address, sir. MR. CURRY: Sir? COMMISSIONER POWELL: YoUr name and address. MR. CURRY: okay. I'm Robert Curry from 1210 Meadow Ridge here in Dcntou. COMMISSIONER POWELL: Thank you. MR. cumzY.. ^nd I want to thank you for Page 18 alley or you can back the houses. If you hack the houses, the Code requires a wall. So those are the two options under the new Code. COMMISSIONER POWELL: speak into the mike a little more, sir, and it would be helpful to the folks out there. COMMISSIONER JOHNSON: And I know you're not to this point yet, but there are -- there are four streets that empty on to Hinkle on the east side of Hinkle. And I know you don't know yet, but what is your anticipation of how many streets would enter into this property from Hinkle? MR. BUSSELL: My anticipation right now is that two streets would intersect into the property. The challenge is it would be much easier to just extend them in, and then we'd side lots and there wouldn't be a wall. The issue is there's a power pole every single intersection, so we want to reduce the amount of power poles we're moving, and I'm sure DME would appreciate that, also. So that's one of file issues with extending those streets over. COMMISSIONER JOHNSON: okay. Thank you. COMMISSIONER POWELL: Any other questions? Seeing none, thank you very much. MS. MITCHELL: Thank you. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 20 letting us speak to this because this is a concern, that ones of us that have moved -- I'm talking about Meadow Ridge right now, but thc -- for that part of town and keep the -- just the quality of life and appearance. As you say, we've got the nursing homes there and the assisted living homes there, and to help keep the quality of life in that part of of town in Northridge, which I hope that the Commission here, so this would blend in with Northridge and the rest of the part of the town. This is my main concern as far as the density and as far as the structure of the houses and the elevations of file houses. That's a big concern. Next would be the -- well, of course, density goes along with the traffic. There on that two-lane -- Hinkle is wide, but it's only two lanes and that's a concern also. And another concern would be the drainage that r- you hear a lot about this when we have these floods. And we've had all of these rains here this spring that they have adequate drainage, you know, on the west side of that property there, going down by -- across Hinkle and by the Good Sam down there, that we have good drainage there. And I suppose that kind of sums it up. But thc main thing is I hope that as far as the density of the houses, just the whole effect on that north side of town PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 17 - Page 20 CondenseItTM 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 9 10 ll 12 13 14 16 ~7 18 19 20 21 22 23 24 25 Page 21 there, because I fccl that, you know, and real estate like it probably because they say location, location, location. Well, this is close to the two universities. It's close to -- Presbyterian is putting a new hospital out there. It's close to TI out there with UNT. It'S not far from downtown. I have lived other places in Denton, but that's a good place to live because you have access to a lot of tilings without too much traffic at this point in time. COMMISSIONER POWELL: Thank you, sir. Mr. Darby Reinke is next. And if Steven Bowles would come to the on-deck seat, I would appreciate it. Yes, sir. Your name and adch~ess. MR. REINKE: okay. My name is Darby Reinke. And I live at 701 Northridgo Street there in Denton. I am here in opposition to changing it to the NR-6~ My concerns, I mean, the previous speaker covered a whole lot of things there and I would have to agree with every one of those. My main concerns are the integrity of the neighborhood and the consistency and the look and feel of the neighborhood and the new development. We also have some issues as was indicated in some of the conunents you-all made earlier. We have a large nmnber of elderly people that live along the Hinkle area. If it goes to an Ne-o. evea though it's 4.5 or 4.6, 4.8 homes in that area, 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 23 Charles Wilson, would you come to the on-deck chair, please. Sir, give us your name and address. MR. BOWLES: My atone is Steven Bowles. I live at 511 Magnolia Street just down from the proposed change in the zoning there. Make no mistake about it, I am in opposition to the zoning change. I haven't heard of one yet that's in favor of it and I think all of my friends and neighbors here speak for -- speak for the change. I won't repeat things that off, ers have said. I'm interested in opposition to the size of the homes that are going to be on these lots. We're all proud of our homes that are on Northridge, Magnolia, Headlee and Mimosa there. And I believe our deed restrictions are to be 1,700 square feet or larger. Most of tile homes that I know of are at least 2,000 feet and larger. Mine alone is at least 2,600. I believe it's about 2,650, l['m not sure. But the point is that these homes, I understand, are going to be Solnewhere around the range of 1,300 square feet. Some of them may be less. Some of them may be nlorB. But you're taking the continuity of the homes that we have on our wonderful streets and also on the west neighborhood that's going to be west of this neighborhood that they're planning on changing. And Page 22 the traffic flow which they'll he doing the study on is going to increase tremendously on Hinkle. You have a lot of people's driveways that back into that, into Hink[e. It's going to be a problem there, but then you have a large number of elderly people in Good Samaritan in that area there, which some of them are driving. It could create a problem. The other issue is Windsor. During the school season, there is a lot of traffic on Windsor. Now, we're going to put in anott~er 130 or 135 -- 45 homes on there or are they going to go down Windsor? Well, the access road isn't on Windsor, so it's all going to go to Hinkle. They're either going to have to go from Hinkle to Windsor or they're all going to cut through the Headlee Addition on those four streets. It's going to create a tremendous problem there because you also do not have access from Carroll to Windsor that's blocked off there. So they're all going to be funneled through that neighborhood. So those are my main concerns and, of course, the other thing is the price of the homes depending on what they're going to be is going to have -- could have a tremendous impact on the value of the existing homes over in thc Headlee Addition, also. Thank you. COMMISSIONER POWELL: Thank you, sir. Mr. 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 24 you're taking thmn and making them small houses. When you have small houses like that, people have stuff -- people have things. What happens is they end up using their garage for storage. When you take and put all of the storage in the garage. I mean, we're working families these days. We have to travel, so everybody's got, what, two or three cars, maybe a motorcycle. What happens is they all park on the driveway or some park on the strict. Now, yea'ye got a street full of cars. I mcan, I sec it in all of these neighborhoods that am -- that are changed to the small houses. And so you have crowded streets and it becomes a problem. I won't repeat any of the other things. I'm just in opposition to it and I'd appreciate it if you would not reconuncnd to the Council that we change this. COMMISSIONER POWELL: Thank you very much, sir. (Applause from the audience.) COMMISSIONER POWELL: I'm sorry. 'W~hoa, please. Wc want to get out of here before midnight. Thank you. Mr. Wilson, did I call for him to come down, Charles Wilson. Mr. Wilson is not here. Okay. I have Carol Ridens. MS. RIDENS: Mr. Chairman, I wish to speak on South Hinkley. PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 21 - Page 24 CondcnscItTM 1 2 3 4 5 6 7 8 9 10 11 12 13 i4 15 16 17 18 19 2O 21 22 23 24 25 1 2 3 4 6 7 8 9 l0 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 25 COMMISSIONER POWELL: Thank you. Pat Cheek, if you'd come down. MS. CUE£~C: l can speak to both real quick. COMMISSIONER POWELL: And Banett, Ingel Bennett, I hope I pronounced that correct. If you would give us your name and address. MS. CHEEK: Pm Pat Cheek and I've lived on Tulane for 40 years. Before Windsor was cut through and Tulane was a speedway from northeast Denton to the university, et celera. What I'm really wanting you to think about real hard is making sure that engineering Page 27 1 this neighborhood. And I thought, my goodness, maybe that 2 even makes it quicker to snatch that up. 3 But the beauty about this ama is the fact 4 that there is fmnily. People are walking. I can't even 5 stress that enough constantly. That's what makes a 6 neighborhood safe is to be able to know your neighbors, to 7 be able to identify what's wrong. 8 I know what my neighbors drive in just a 9 few months. I know what they look like. I know what 10 their schedules are. So if there's something suspicious, 11 i can identify that. Smaller houses, smaller tots, works with whomever if you should decide on either one of these changes that engineering works to make Hinkle either a four-lane road or something better than it is, and a light at Hinkle and University. Because if you vote for it, tile traffic is going to be a monster again. COMMISSIONER POWELL: Thank you very much. I have a card from what looks like Ingle Banett, B-a-n-e-t-t. Not here? Tracy Beck and then Dorothy Anderson. If Dorothy And~rson would come down to the on-deck chair. Tracy, if you'd give us your name and address. MS. BECK: Thank you, I'm Tracy Beck at 611 Magnolia. Moved in in about January of this year and it took about tlu~e or four months of takiug a look at thc Page 26 neighborhoods in Denton and very upset. My husband has a business on University. I work at TXDOT down on Bonnie Brae and 35 and we work opposite hours, so it was important to stay close to work. And Denton, to some degree, wouldn't have been my first place to pick. And we lookoxt hard. We looked very hard. We wanIed a five-mile radius from work. We landed on Magnolia by accident one day. And we picked our house in about less than three minutes. It was near the Clnsisu:aas time when we shopped. And the neighborhood colmnunity feel in that neighborhood surpassed any of the Denton neighborhoods that we looked at. It sm'passed the Flower Mound neighborhoods we were looking at. It surpassed everything. Watching people in the evenings walking down the street, watching the Cln:istmas decorations, during Memorial day and President Reagan's death, the flags that went up, this was something that was what I wanted a home, not a 1,300 square foot house which was my starter home that I left. This is a place that I want to call home for 30, 40 years, raise kids and stay there. And looking at my neighbors, I think that's what's been happening. There's a very low mover rate. There were two houses for sale in the neighborhood and everyone told us, there's never two houses for sale in 12 13 14 15 16 17 18 19 20 2t 22 23 24 25 1 2 3 4 5 6 7 8 9 10 1I 12 13 14 15 I6 17 18 19 20 21 22 23 24 25 tighter density has a lot of interest these days. If you drive out University, 380, you can see the pahn tree developments. Those am small lots, small houses. The Savannas -- there's plenty of opportunity for people who want small conm~unity little tight neighborhood postage stamp lots to go. I would love to see this ai,ea preserved. I would love to see an R-3, an R-4 in this whole neighborhood. I understand an R-2 is little bit difficult and I would love to see that even more. But at the same time, 4.5 is not negotiable. I don't see that as being anything. And tile last thing to point out is what is it -- what's in it for me? What's in it for my neighbors? What's in it for the City? What's in it for the Page 28 developer? The developer is changing this exclusively to make more money and I support making more money for anyone, but not when it impacts the people that have been there for 30 some years in these ncighborhoofls and have raised their fanfily and that they have produced a stable environment. I would like to see with a zoning case this significant to see the traffic hnpaet study. I know that comes in platting, but this is a big change for us. I want to see what's happening on Hinkle. COMMISSIONER POWELL: Your three minutes am up. MS. UECK: very good. I appreciate your time today. (Audience applause.) COMMISSIONER POWELL: FOlkS, I have been nice about that. In the future I won't be. And your time is up. Jan Springer and behind Jan is Kay Selby. MS. SPRINGER: My name is Jan Burnes-Springer. I'm a local ce^ in town. My husband is an engineer at Peterbilt. We have two boys at Denton High School. We chose to move to 528 Magnolia 13 years ago as she said after careful consideration of the entire town. At this point it seems to me that south Denton is getting a lot of the larger homes and ours is getting a lot of PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 25 - Page 28 CondenseItTM 7 8 9 10 11 12 13 14 15 16 7 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 29 smaller. Again, like she said, I'm more than willing to assmne that we oecd a lot of smaller homes, All you have to do is go on the Loop or down Locust to see that a lot of those are already in place them. I feel like we've been placed in a position where werre looking like we're the ones asking for something unreasonable. I feel like it's very reasonable to say, let's keep it like it is, the l~R-2, I pulled back out seven'al years ago, when the Denton Plan was made they had lots of neighborhood meetings to ask for input. I went to the neighborhood meetings, gave my input, and said that, yes, I agree, going from agricultural to ~-~ is very reasonable. To quote from the Denton Plan, it says in here that bicycle and pedestrian traffic within and between neighborhoods should be encouraged to promote public safety, reduced vehicle use, Existing neighborhoods should be preserved and protected. The city-wide average density for single family development will be time units per gross acm Again, I don't think that we're asking for anything unreasonable~ The tiling from Grog Edwards Engineering says that Hinkle Drive will provide quick vehicular access to cotmnereial services along University Drive. That, Page 30 obviously would not be true. The traffic thing in addition to what has already been said, you need to keep in mind, of course, flint on Windsor~ that that is right across frem Northlakes Park. You don't have to go down there very often to see how many children al~e playing soccer, how many children am out there playing baseball. You can either have it on Hinkle where there's elderly walking or you can have it there on Windsor where therers children playing ball. On Hinkle already, I think it was nmybe four or five years ago ~- COMMISSIONER POWELL: one more MS. sem~4a.n~: okay. We had a case where someone was actually hit on Hinkle. Again, I think our section of town is a nice section of town. And like she said, I agree we've been put in the place looking like we're asking for something reasonable. We just want to stick with file Denton Plan, what was asked for our input a year ago on it and stay with the NR-2. COMMISSIONER PO~VELL: Thank you nmch. I'm chagrined that I didn't explain that it -- our rules are clear, unauthorized remarks from the audience, stamping of feet, appiauding, whistles, yells and similar demonstrations shall not be permitted, plain and clear. So help us out here. Thank you, Kay, 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 9 10 1I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 31 ~s. se[ny: Kay Selby, 428 Northridge. My husband and I have lived there for 25 years. And we were there before Wind,or was cut through, Northrldge m~d some of the off,er streets, but especially Northrldge was a racetrack at that time. Children could not be out ia their front yard because people would race down that street. Mailboxes were knocked over, cars ended up in individuaYs front yards. And we even had 18-wheelers trying to make it down a residential street. I know what can happen when we increase the traffic in this area. I'm very concerned about safety and i'm vexed concerned about congestion. We have had several people mention tile mix of people in this neighborhood, tile nursing home, the assisted living, the fact that someone was killed on Hinkle, thc fact that man people in this neighborhood walk, Wc try to get over to the park. Right now it is ahnost impossible to get across to the park from our neighborhood. You take your life in hand being on Hinkle or trying to cross Windsor because of the ammmt of traffic that is akeady there. If you increase the number of people living in this area you are going to make it more difficult for our neighborhood to maintain the level that it has maintained to this point, you arc inviting another accident like the one that has already been mentioned Page 32 where the young woman was killed on Hinkle. Her family had put her into one of those gardeal homes. She was a university student and they tl~ought this was a safe place for her to be and she was hit by a car on Hinkle. The traffic on that street has multiplied tremendously since that has occuned. We do not need to ask for more incidents such as that, With the nursing facilities there, the ambulances and fire trucks have to go in and out of there at odd times. Older people living there continue to drive and there are older people visiting them there as well. Them are many older people in our established neighborhood as people have said it's a difficult neighborhood to get into and we have kept it that way by maintaining the integrity of tile neighborhood. And we would like to see this continue. Additionally, I'm concerned about the drainage problems that would occur and I'm also concerned about my property. Thank you vexed much, COMMISSIONER POWELL: Thank you. I've got a card from Marvin Crabb and backed up by Jack Frisby, please. Is Marvin Crabb here. And if Mr. Frisby would come down on the on-deck chair. Please give us your name and address, sir. PLANNING AND ZONING JD-NrE 23RD, 2004 MINUTES Page 29 - Page 32 CondcnscltTM 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 24 25 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 Page 33 MR. CRABB: oood evening, ladies and gentlemen. My name is Marvin Crabb. I live at 507 Northridge. And most has been said of what my notes were already written for, so I'll try to make mine very brief and very short. I, too, am fairly new to the Northridge neighborhood. We've been there almost two years now. And Page 35 the Denton lSD is going to lose $2,500.00 on every house. If you've got two kids, you're looking at $7,500.00 a house. I just read in the paper the other day where tile water park, where the school district and the cities fixed a spit, about a $800,000.00 loss a year, I think. I don't think with Robinhood and what's it's a lovely neighborhood. ThaCs one of the reasons that we decided to buy, was the north part of Denton is easy to get around into and I know a lot of folks live in file south part of town. But we've got north and south in Denton, so I'm proud to be a northern -- from north I'd like to encourage the stay with the t4R-2 rather than the proposed -- and also the impact study and drainage is going to have a terrific impact on that, I'm sure. If you get -- if you do get to that stage, it will show for our neighborhood. I thank the people that has came out in my neighborhood and helped support the hearing of this this evening. And the existing streets -- the only question I have is which streets would be extended and I don't fllink it was made clear or maybe I nfisunderstood. COMMISSIONER POWELL: Maybe we could get that answer after. 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 going on at file Denton lSD we need any more loss in our school district. If we can't build bigger quality homes, let them go east, south or go out Pre, stoa Road. Thank you. COMMISSIONER POWELL: Thank you, sir. Is Mr. Walker here? MR. WALKER; ~'m goiug to speak on the SOUth. COMMISSIONER POWELL: steven Spurger. MR. SPURGER: SOUth. COMMiSSIONeR eOWELL: SOUth? All right. If I have this correct, then, we're not sure because of the two Hinklcs, the following people have asked to show opposition, but not speak. That would be Mr. George Reeves, Colleen Briscoe, Doretha Wilson, Eunice Curry, John Curry and Lavon Fulwiler, and I have some more who don't wish to speak on both. And that would be Kelly Briggs, Ouida Anderson, Ruby Kerncr, Roy Coorpender - Ray Page 34 MR. CRABB: Thank you. I appreciate that. So I'd encourage you to not submit this to the Council for approval. I'm opposed to it. Thank you, sir. COMMISSIONER POWELL: Thank you. Mr. Frisby backed up by Bruce Walker. MR. ~:RISBY: rm lack Frisby, 405 Magnolia and I've lived there almost 21 years. And the only thing that I can add that has not bccn said is that I personally called the Denton ~s~ ^thninistration today. And that lady said Woodrow Wilson. That's not correct. That's Evers Park. And Evers Park right now has 600 students with a capacity of 650. And they've got the new subdivision east of TI that goes there. The new subdivision going just north of the baseball parks on Locust is going to be going there and that school is busting. Woodrow Wilson right now gets bussing from Rivera area, not over in our area because my wife would love for my four-year-old son to go there in a couple of years. The next thing I was told by Denton lsd is it has to have an appraised house of $250,000.00 for the Denton lSD to break-even with one student in a house. And I don't think these houses on these lots -- and they're talking 1,300 feet is going to be placed at anything above $125,000.00. And if you take one student per house only, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ~5 16 17 18 19 20 21 22 23 24 25 Page 36 Coorpender, excuse me. Billie Crabb, Dale Conway, H.G. Conway, Ivy Durak, D-u-r-a-k, if I can read that correctly. Ray Twehous, Jean Seward, and Dorothy Anderson. Now, is there anyone else who would like to speak on this issue, please come down and anyone behind throe, please sit in the on-deck chair and we'll get to you. I have some more opposed but not speak. Daniel Garcia -- MR. GARZA: Garza. COMMISSIONER POWELL: Oarza, excuse mc. And Monica Meca. Whoever is going to speak, I need your name and address and one at a time. MR. GARZA: I'm Daniel Garza and I live on 300 Northridge. COMMISSIONER POWELL: Yes, sir. MR. a~ZA: I would like to be able to speak for him. He lives on Hinkle and Magnolia. Now, in '99 they had asked him to build a house and throw a foundation that was 2,700 square feet. He wanted to make a smaller house. COMMISSIONER POWELL: EXCuse ille, sir, Excuse me, sir. Please identify thc person you're speaking for, also. Ma. O~: xhis is Mr. Martinez, 721 PLANNING AND ZONING JUNE 23RD, 2004 MINUTES page 33 - Page 36 CondenseItTM 9 10 11 12 13 14 15 16 17 i8 19 20 21 22 23 24 25 2 3 4 5 6 7 8 9 10 ~14 15 16 17 18 19 20 21 22 23 24 25 Page 37 Magnolia. COMMISSIONER POWELL: Thank you. I'm sorry to interrnpt you. MR. aARZ^: well, in '99 he wanted to build a house that was smaller and tore down his house. Well, file PIanning and Zoning or whoever had told him that he had to throw slab that was 2,700 square feet. And that was only in '99. So at this point is opposing the -- COMMISSIONER POWELL: zoning? MR. a,~,ZA: -- zoning, right. Because we feel that we already have in north Denton enough rent to own places and enough thrift stores and stuff like that and we're not really getting any good quality shops. Some lady said one day that there isn't a nice shop out there to be able to buy a good pair of panties at the store, you know. And that's the kind of stuff that we're getting out there. So, you know, I'm also opposed to it. COMMISSIONER POWELL: Thank you very much. Ma'am, your name aud addeess, please. MS. HINEM^N: ~isa Hineman, 624 Northridge, Something that was not exactly brought out is the size of the homes generally will dictate whether or not somebody plans to stay ther~ for a long time or whether it's a starter home. I've gotten lots of cormnents that our neighborhood is one of file nicest neighborhoods in Denton Page 38 because everybody takes care of their yard. They care about it. They're going to be there for aiong time. Generally speaking, smaller homes, 1,300, 1,500 square feet are starter homes. They generally don't plan to stay fllere for very long and I don't believe they 'cake as good of care of it, in general. I do oppose. COMMISSIONER POWELL: Thank you very much. We'll get to you next, sir. Ma'am. MS. CUNE: I'm Avon Cline. And I live at 714 Mimosa. And I've been there for 20 years. That seeans to be the theme for most of us. We've been there 20 years or more. Of course, my problem with the density and the traffic, not only with this section, but I'm also seeing that we have a second section there on Hinkle up for redistricting that will also increase traffic. And so we've got a double-whan-any going there. The schools were mentioned. The closest schooIs to this area are Evers, Rayzor and Sennings, and all tln~ of those schools have three or more portable buildings on ground in order to take care of the kids that they already have. And adding poriables to schools is not a good way of handling overcrowding because your corridors, your gym facilities, your nmsic facilities, your art room~ your cafeteria especially are all built for a certain nmnber of students. And so continuing to add 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 g 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 39 students without adding to those facilities puts a great strain on the staff and the students and causes problems. As far as I know and have heard, there are no plans for any new elementary schools in the north portion of Denton. All seems to be going to south at the moment. My other question besides the concern on the schools is that beautiful wall that we keep seeing the plan for that we're supposed to feel so good because we're going to see this beautiful wail. Those are expensive to maintain. And once it starts aging, who is responsible for maintaining that wall? The people that own the Na-4 homes, the starter homes, or is the City going to maintain those for us so that we continue to have a beautiful vista to look at. Those are my concerns and I'in definitely against it. COMMISSIONER POWELL: Thank you. Sir. MR. SEWARD: I'm Rudy Seward. I live at 711 Magnolia and I want to thank all of the people involved for bringing our neighborhood probably a little closer together. It's nice to see all of the support and see many fanfiliar faces and I guess others that I wish I knew ever better. I would support really ahnost all of the filings. I'm in opposition to this re-zoning. And that had been said. And the only couple of things I would add Page 40 would be this. I've heard many -- from several different sources there's -- statistics. I think the figure was given earlier that the average that was being proposed was 4.6 or 4.59. If you break those two sections down, the t~R-4 or the NR-~, actually if you just do the calculation fore thc NR~6, iVs 4.78, 4.8 and so that gap that was suggested of a one point something between those nmnbers, if you're looking at the s~tion, the NR-6, the gap is clearly not that wide. So that's a little misleading. I would be in favor of keeping it NR-2 and at the most NR-4. They've made several references to the overlay district and now NR-4 incorporating some of those. Why not just go with that NR-4? I think I could even live with that. This is a quality site. It is bordered on two sides by file park. That area will not be developed and I think them is -- because of the quality of the site, because of the neighborhood, because of some of the great things that have been expressed here about the neighborhood, to draw people to the neighborhood, that this is a reason to stick with larger lots and high quality homes. Thank you. COMMISSIONER POWELL: Thank you, sir. Ma'am. MS. MOEN: My name is Monier Moen and I live at 303 Mimosa and I am opposed to this rezoning. At PLANNIlqG AND ZONING JUNE 23RD, 2004 MINUTES Page 37 - Page 40 CondenseItTM 1 2 3 5 6 7 8 9 10 ll 12 13 14 15 ~6 17 18 19 20 21 22 23 24 25 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 41 the very least I would prefer the ~m-2. Ihos¢ of us who live in the Headlee subdivision have already expressed our concerns. But I would like you-ail to keep in mind the recreationa! area here. We've got North Lakes Park. We've got this area to the -- to the west. We've got south of the mva they're talking about a wonderful little children's park there. There are some cormnunity gardens there. People get out. They bring their children. They teach them all about gardening. It's a lovely, lovely area. And I think by putting this dense housing area them -- someone mentioned how in these dense areas there's all the cars parked out on the street. These filings do happen and these sons of t/lings will change the character of the alva and Denton, not just our neighborhood, but all of Denton will lose something that's very plccious, good and impossible to the recover once it's been destroyed. I want to speak out in opposition and I thank you for hearing xne. COMMISSIONER POWELL: Thank you, ma'am. MS. ENGELBRECHT: Hi. My name is Jennifer Engelbmcht, and I live at 2305 Bowling Green. I want to first say that I am opposed to thc zoning. But if it does go through, I want to know what assurances we have that Page 42 the trees -- the tree line between file end of the property line, their property line, and the ditch, the drainage ditch that runs beside file park, what assurances do we have flint the trees are going to stay,'? This is an area that's known for its parks and for its nature and that's a large draw to our neighborhood that you can look out your window and see trees. Looking at the back of homes would not be very good for our property value either. So I would like that to be taken into consideration as well. Thank you. COMMISSIONER POWELL: Thank yell, ma'am. I have a card -- sir, come up. And past this gentleman, I have a card from Kathy Seay, S-e-a-y. Do you wish to speak? Go ahead. MS, SEAY: NO. COMMISSIONER POWELL: Thank you. Yes, sir. MR. ENGELS: xhank you. I'm Dennis Engels. Donna and I live at 315 Northridge. We moved to Denton 28 years ago and we were very drawn to the Headlee Addition because of a new concept at the time from this Commission called Neighborhood Integrity. And most of my remarks would simply echo what's been said. But that truly did draw us there and there is, I think, it's a healthy vibrant concept that needs attention. 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 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 43 The otl~er point I would amplify in terms ot' what's been said thus far is that we really love that neighborhood for its safety, for the elderly that live at Oood Sam, and for our own three sons and for the 20 some foster children we had over time who could safely walk to North Lakes Park, safely ride their bikes there. And we fear that the proposed density in either of these two pieces would really risk actual human life and truly corrupt the neighborhood integrity aspects. So thank you for this opportunity. COMMISSIONER F'OWELL: Thank you, sir. Yes, Mr. Roy. COMMISSIONER ROY: sir, I don't know you so I'm going to ask you a question. You talk about the density. What density do you think is acceptable, tile same density as you have now on your street? MR. ENOELS: I'm certainly no expert at all. And I would, as I said, echo the sentiments that have been pointed toward density. I do believe the sort of housing we have right now ail the way around that whole Headlee addition is a reasonable stipulation and not at all unreasonable. I do think the proposed density is really excessive and would lead to, I fear, all kinds of rcnta! property eventually and incredible density of traffic. Page 44 COMMISSIONER ROY: Thank you, sir. COMMISSIONER POWELL: okay. Now, I may be making a mistake or two here and I'm not trying to elhnlnate anybody from speaking. Please understand if you wish to speak, you will have an opportunity. I think the following people have asked to be shown in opposition without speaking. And that would be Jim Baird, Ruth Aspy, George Spuller -- I would have thought Oeorge would speak. UNIDENTIFIED SPEAKER: He's On the south end, though. COMMISSIONER POWELL: I'm just kidding you. I know George from way back. John Miniter, Tom Buckley, Trmnan Daugherty, Mildred Moosh, I hope I have that right, 1717 Headlee, Wanda Yatcs, John Kulfeldt, Suzi DuChemin, I think, John DuChcmin, Lisa Lisa Hinelnan, Dorothy Brooks. Now, I -- if the card's correct and we read it correctly, those people wanted to be shown in opposition without speaking. Now, I'll ask one more time, is there anybody that we've missed that wants to speak? No more speakers, then I will close the public hearing and I will ask the applicant for a rebuttal. MS. MITCHELL: chairman Powell and Commissioners, as listening to a lot of the concerns are the same ones I did read in fl~e neighbor's letters that PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 41 - Page 44 1 2 3 4 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 9 10 11 12 13 14 15 16 17 lg i9 20 21 22 23 24 25 CondenseltTM Page 45 y'all received back. There are a few tilings that I do want to go over, but I do need to ask your permission since the neigtlborhood did not -- probably did not see a copy of tile staff report that was written. With your ponnlssion, if I could read just one of tile paragraphs that was in the staff report with respect to the tqR-2 zoning and the previous agricultural zoning. COMMISSIONER POWELL'. One of file paragraphs will do fine. Thank you. Ms. MITCHELL: Thank you. According to the staff report that was prepared by the City, the subject property was zoned agricultural prior to the adoption of tile Development Code. The agricultural zoning designation was typically considered a holding zoning category with the understanding that a higher density amy be appropriate when the property was developed. The subject property was designated as SR-2, by the adoption of the Development Code. Detemfining tile appropriate zoning designation at the time when the development is prone to occur allows for more detailed analysis of the current development trends. Adjacent property owners usually realize that adjacent agricultural property would be rezoned at a later dale and base their opposition or approval on the Page 46 proposed zoning category. Property that was zoned agricultural and in existing neighborhood infill compatibility land use category was typically rezoned to thc NR-2. Based on recent zoning cases, it appears that adjacent property owners now view a request to upzone NR-2 zoned property as an increase in intensity as opposed to the first zoning on the property. The only reason why I say that, a lot is for the purpose of allowing some of the neighborhoods to realize that. Tile ~qa-2 zoning as I have understood it was basically the holding district on a piece of property that was previously zoned agricultural until such time they came in and asked for the proper zoning on the piece of property. With respect to the traffic issues, again, any type of development that comes into this area or around this area is going to increase traffic. And that is just file natm~ of growth. It's going to increase n'affic. Luckily though, thc City docs have regulations in place for a development of this size that a traffic impact analysis must be performed. When a traffic impact analysis is performed on a piece of property, the City has a professional traffic engineer that analyzes it to make sure that riley agree wflh the results. If they don't agree with the results, then 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 47 at that time, thc developer has to work with the City to make sure that if there's additional improvements that need to take place in order for the streets to accmmnodate the increased traffic, that it happens at that time. One of the things that I heard a few times was a 1,300 square foot house. Now, I asked my client if at any time they had ever discussed what the mlnlmmn square footage of the house was, and the answer was no. At no time have riley ever said or even determined what the square footage of the house is. But when I normally hear a consistent of 1,300 or a figure, that generally tells me that, a lot of times it's maybe information that was given to file neighborhood that was not correct information. So at this time I would like to correct the fact that there is no minimum house size that's ever been discussed on this piece of property. To take it one step further, as far as the price of the house, I don't know the price of the house that will be built here. What I do know is that these lots are being sold, if they happen, will be sold at 40~000 square foot (sic) a lot. 40,000 square feet (sic) per tot is generally about 20 percent of file cost of tile total amount once tile house is put on tho property. Houses are being built in Denton at 75 to $85.00 a square foot according to nay client, that's about 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 48 what the cost per square foot is. Tile City staff is probably better at answering some of the questions as far as what is planned for Hinkle, what is planned for Windsor. I understand the concern that they have about the school district. I would like to apologize if it is Evers Elementary, then that was my mistake. I didn't know for sure which one it was. I can't speak for the Denton Independent School District. I can tell you, though, my experience in representing developers and representing cities all over tile metroplex. Typically, a school district would much rather see a cmmnercial establislnnent go in than any ki,id of residential. And -- I mean, that's just standard because it does put an increase on the school, but it's going to happen regardless -- development is going to cause this to happen. One of the specific questions that I believe Mrs. Klein had had to do with the wall issue. The applicant is proposing to establish a homeowner association, which mc, ns that he will put the wall, the screening wall into an easement which is normally referred to as a maintenance casement so that tile Homeowner Association will be responsible for maintaining the wall. Other issues that I heard, a lot of them were repeated things, but I'd guess just to smmnarize it, when the Denton Development Code -- when all of you went PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 45 - Page 48 CondcnsoItTM 7 8 9 10 i1 12 13 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 17 118 19 20 21 22 23 24 25 Page 49 through that process and when there were a lot of citizens that were a part of the Committee that established or dctemfined what standards would provide quality development in Denton, those were the ones that were adopted. The smaller lots do not always mean smaller homes. They just -- it doesnrt always mean that. Again, I can't make a guarantee on the size of it. I will tell you that one of the home builders that's very well established in the metroplex that has not come to Denton m my knowledge is David Weekly for Weekly 1 2 3 4 5 6 7 8 9 10 Page 51 Holt's question and then come back to yours. COMMISSIONER ROY: Yes. COMMISSIONER HOLT: what streets -- are you thinking about what you're to go through here? MS. MITCHELL: I know that Mr. Bussell has looked at a ~mmber of different layouts for this particular one. Again, this is ail subject to going through the engineering of this and what the City staff will work with us on and the traffic impact analysis. But it would seem logicai if we did two of them, then probably Homes. That is one that is looking at this prop~ty, With that being said, I can only ask that you-all please give favorable reeonm~endafion to our request. NR-2 zoning next to uses that already have institutional facilities located on them are not typically something that is going to happen in this mr.a. If -- if it will please the Colmnission, what we could do in order to give the neighborhood a better feel of the overall density only increasing by 1.09 is to go ahead and include the uR-4 strip into the overlay district so that there's an assurance that instead of it being the 4.77 on rite Ne-6, that thc overall density of the entire piece of property wouId be the 4.59 units per acre. So that they would at least have that assurance that we're not looking at increasing the density, doubling 11 12 13 14 15 16 17 18 19 20 21 22 23 24 !25 Mimosa and Northridge. You know, there is a possibility that once Mr. Bussell gets into the design of this~ that maybe we don't have to have both of those. You know, as the staff rqoort indicates, Hinkle is slated as a four -- a four-lane road, and so wc may not have to have two. COMMISSIONER POWELL: Mr. Bussell may be able to help us out here. MR. BUSSELL: Because of the maximum block length, there will be required to have two entrances, the 600 foot maximum block length, so two entrances are going Io be required, it's just a ~natter of which ones to do. COMMISSIONER HOLT: SO it will be those two -- two of those streets? MR, BUSSELL: TWO Of those stria:ts will Page 50 it or anything. We are looking at increasing it 1.09 units from what they're allowed to have on their property. I'll be happy to answer any questions that you-att may have. COMMISSIONER POWELL: Any questions of the applicant? Mr. Roy. COMMISSIONER ROY: You've mentioned this 1.09 units per acre a couple of times. Just for my clarification, that is considering the entire parcel, looking at the entire parcel and comparing that to the NR-3 designation; is that correct? MS. MITCHELL: That is correct. Let me go ahead and put this up on the screen so it may help just a little bit better. That is correct. It would encompass the entire piece of property. NR-3 zoning is allowed a density of 3.5, COMMISSIONER ROY: Maybe you know the answer and maybe staff does. What is the current density of the subdivision to the east there? MS. MITCHELL: And I don't know the answer to that. COMMISSIONER ROY: Does Staff know? MS. CARPENTISR: Hold on. Let me see if it's in the staff report. COMMISSIONER POWELL: can we go on to Ms. 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 52 have to be extended. COMMISSIONER HOLT: Thank you. COMMISSIONER POWELL: Are we able to get back to Mr. Roy's quest[on? MS. CARPENTER: Mr. Chain~aan, the staff report does not tell us the density of the adjacent subdivisions. It does say that the neighborhood on the east is NR-3 which if it's two acres or less, the whole development, the minimum lot size is 10,000 square feet, that's what would be allowed to day. And it also says that a port[on of the neighborhood to the east is NRMU-12, but in neither case does the staff report tell us what the existing density is. COMMISSIONER ROY: WeiI, as I recall, wasn't it sF-? originally? And what docs that tell us in terms of units per acre? It's about four, right? MS. CARPENTER: Between four and five, I think. MS. MITCHELL: It's between four and five, that's correct. COMMISSIONER ROY: So the current subdivision to the east is between four and five houses per acre? MS. MITCHELL: NO, no, no, COMMISSIONER POWELL: Please. Please. PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 49 - Page 52 CondenseItTM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 53 This is between -- tlfis is between tile Colmnission and thc applicant. MS. MITCHELL: If this were vacant property that was located to file east and the new development came Page 55 probably the zoning is the -- the density is between tlam and three and a half. COMMISSIONER STRANGE: That would be my expectation. in today based under tile NR-3 zoning category, they would be putting typically like a 10,000 square foot lot on that piece of property. As it stands right now because this is developed property, I believe that these houses, the lot sizes vary in size possibly from 10,000 square feet to maybe 13, 14,000 square feet. COMMISSIONER ROY: one more quc, stion then, 5 6 7 8 9 10 11 MR. BUSSELL: Yeah. COMMISSIONER STRANGE: okay. Let me ask one other question as well, You mentioned what the size won't be, but you've never defined a size. But if you're talking to clients and proposing to market these lots, surely you have some idea of what size house you're going to put there. Can you share with us some range? Are we you mentioned something about 40,000 square foot lots, did I understand you -- MS. MrTCHELL: NO, no, no. $40,000.00 per lot. COMMISSIONER ROY: oh, okay. I'm son'y. MS. MITCHELL: That would have lost it, wouldn't it? COMMISSIONER ROY: okay. Thank you. COMMISSIONER POWELL: vicki Holt, you're still on file screen. COMMISSIONER HOLT: I'm sorry. COMMISSIONER POWELL: You're done? COMMISSIONER HOLT: 'Yes. COMMISSIONER POWELL: Mr. Strange. Page 54 COMMISSIONER STRANGE: Didn't you mention a while ago in your own presentation that the density across the street was like 3.5 or 3.6 lots per acre? MS. MITC~ELI~: what I said is the property is zoned NR-3, which allows for a density of 3.5 units per acre. COMMISSIONER STRANGE: SO does that help? COMMISSIONER ROY: NR-3 iS the new designation. I mean, I'm just trying to figure out what it is today. I mean, what's actually there? COMMISSIONER STRANGE: well, across the street today, do you know what the density is? MS. MITCHELL: NO, sir. I don't know. I know that in looking at the house sizes or the lot sizes, I went on to Denton Appraisal District to kind of get an idea of what the lot sizes were over there. And they vary again in size from about 10,000 square feet to 13,000, 14,000 square feet. COMMISSIONER STRANGE: But with your background and your experience, would you have some estimate as to what that is under the zoning? MS. MITCHELL: I'm going to let Mr. Bussell --MR. BUSSELL: The former zoning on the property was SF-10, 10,000 square foot minimum. It's 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 talking about 15 to 16, 16 to 187 Do we have a range in anticipation? Is your marketing -- you must be telling somebody what they can build there? MS. MITCHELL: I don't. But if you could, again, Mr. Bussell ~- we're doing the tag team thing here. MR. BUSSELL: I'm sorry. What tile pad size is is where we're at now. I mean, that's all we can look at right now are 40 by 70. So the pad size itself, 2,800 square feet. COMMISSIONER STRANOE: That's for the total? MR. EUSSELL: that's the total pad size. Okay. So -- is that all? COMMISSIONER STRANGE: well, no. Page 56 MR. BUSSELL: we don't know -- I ~nean -- COMMISSIONER STRANGE: If yoU're marking these lots, you're not able to tell somebody what size they're going to be? MR. BUSSELL: I can tell thmn the pad size I'm able to give them and they can work around the pad size. COMMISSIONER STRANGE: Becanso one o[: my concerns here is we're talking about a big disparity in what's existing across the street, what these people are here to talk about and the size that you-all are talking about and we're getting no help here in defining what that size may be. Is there a disparity or not a disparity between what you're proposing on the west side of Hinkle and what's on the east side of Hinkle? MR, BUSSELL; I'm sure there is a difference. You're talking 30-year-old subdivision versus a new subdivision. You're talking new subdivision standards -- COMMISSIONER STRANGE: I llnderstand that. I'm just trying to get some idea of what size homes we're talking about. MR, BUSSELL: -- VerSUS old subdivision standards. I -- you know, as a zoning case this early on, I've got a 40 by 70 pad I'm designing this tiling with. I PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 53 - Page 56 CondenseltTM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 57 mean, you know the problem. It's very early on to establish -- COMMISSIONER STRANGE: I understand the process. I've done this for 25 years. But I usually knew what I was doing when I started something. And I'm just asking you, do you know what you're heading to with this development? MR. BUSSELL: well, I know what I'm doing when I'm doing this. And the design is based on the pad size and thc setbacks and so -- COMMISSIONER STRANGE: But clearly your answer is you don't know what your size is going to be? MR. BUSSELC: NO, I don't know the final size or the range of sized. COMMISSIONER STRANGE: Okay. Then you've answered my question. MR. BUSSELL: Thank you. COMMISSIONER POWELL: staff would like to interject here a second, please. MS. CARPENTER: Based on the research, I think the staff is doing on the interact up there, they're telling me that it's 2.6 units per gross acre on the east side including the roads. COMMISSIONER POWELL: MS. Mitchell, are you fin[shed? Page 58 MS. MITCHELL: rm finished. COMMISSIONER POWELL: Thank you. Any other questions of the applicant? Pm sorry. Mr. Watkins followed by Mr. Roy. COMMISSIONER WATKINS: Thank you, Mr. Chair. I would like to ask the staff a few questions, if I could. COMMISSIONER POWELL: Okay. I was asking of the applicant. Anything else? COMMISSIONER WATKINS: NO. COMMISSIONER POWELL: staff, Ms. Viera, please. Mr. Watkins followed by Mr. Roy. COMMISSIONER WATKINS: Yes. in the report about Hinkle Drive, I believe it said that it was designed for four-lane, but it's not real clear. Is Hinkle Drive without the bike path four lane now and just lined off for two? If not, where will the other lanes come from? There's houses already on the east and if this were approved then this would have to come off of the trees. MS. VIERA: The mobility plan shows Hinkle Drive as a co[lector, COMMISSIONER WATKINS: Okay. MS. WERA: which is four lanes -- that will be the ultimate right-of-way for Hinkle. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I7 18 19 20 21 22 23 24 25 COMMISSIONER WATKINS: But it is now Page 59 two-lane? MS. mERA: I believe it's two lanes. COMMISSIONER WAIKINS: TWO lanes? Okay, Then let's go on to Windsor Drive. We were early on told, I think, and probably correctly, that this unit could not have access to Windsor Drive? MS. VIERA: That's any understanding that drive -- that street will be along Hinkle~ street access will be along Hinkle. COMMISSIONER WATKINS: okay. But if I go down Windsor Drive, I find that Mesquite enters in to the Headlee Addition and I also find Parkside connects with North Lakes Addition. And then, if, in fact, Windsor is going to be four lane and I feel like that it will have to be. It may be just two now. But if that's so, how can we restrict that many homes to just one street? I mean, there's no signage on Hinkle now. Probably like a nmnber of these people have spoken, there could be lights at University and from my own experience, there could be a light at Hinkle and Windsor. MS. VIERA: It'S my understanding that access will be restricted along Windsor because the existing park, when you drive along Windsor, you wilt see that thc right-of-way actually narrows down with thc -- Page 60 with the intent that people will slow down because of the pedestrian use or the constant pedestrian use on it. COMMISSIONER WATKINS: well, I certainly agree. But-~ MS. VIERA: ALSO, during the platting process, a traffic impact analysis will be required. At that point that will establish how many points of ingress and egress will be required for such a size of development. Without that information -- that's what I know at this point. David Salmon is here to be able to address your concem from the engineering standpoint. COMMISSIONER WATKINS: okay. As -- let's go now to drainage. Is this site -- is this site in the flood plain? MS~ VIERA: NO. COMMISSIONER WATKINS: okay. Now, it's going to contribute to the runoff, no question about that? MS. VIERA: That's correct. COMMISSIONER WATKINS: okay. But the lady spoke about thc garden area and I believe that's in the deed to the City of Denton, is it not, the creek area on the west side? MS, VIERA: uh-htlh. COMMISSIONER WATKINS: okay. Welt, I -- do PLANNING AND ZONING JIJNE 23RD, 2004 MINUTES Page 57 ~ Page 60 CondenseltTM 6 7 8 9 10 11 12 13 14 i5 16 17 18 19 20 21 22 23 24 25 1 2 6 7 8 9 10 11 12 13 14 ~15 ~16 17 18 19 20 2i 22 23 24 25 Page 61 the engineers assure us that they can keep water from flooding downstream front this, if this were to go in? MS. VlERA: whatever additional drainage -- COMMISSIONER WATKINS: I got yOU on the spot. I'm sorry. But I thought maybe someone else could -- Ma. VIERA: ^ny additional drainage that this development could generate, they will have to acconm~odate that drainage, doing drainage improvement. They should not exacerbate the existing drainage conditions on the site. Those drainage improvements will come during the platting process. COMMISSIONER WATKINS: okay. I remember when we built North Lakes in the north lake of North Lake Park and that is the one that comes down, is it not, to the west of this, David? MR. SALMON: COlTeet. This is the drainage channel that comes out of North Lakes. COMMISSIONER WAIKINS: DO you have any quahns about -- COMMISSIONER POWELL: Sorry. Sorry. We would like to have him give us his name, please and his job. MR. S^[.MON: David Sah~on and I'm the City Engineer. COMMISSIONER POWELL: Thanks, David. MR. SALMON: what Ms. Viera said is correct. Regardless of what this property is ultimately zoned when the developers come in and they want to plat Page 62 1 2 3 4 5 6 7 8 9 10 11 12 13 i4 I5 16 17 18 19 2O 21 22 23 24 25 Page 63 Code to install drainage improvements so that would not happen. COMMISSIONER WATKINS: okay. Well, I think we can all agree with the people, it is a prestigious address and we don't want to do anything to disrupt that. COMMISSIONER POWELL: David, would you stick down here with us a second because I know Mr. Roy has a question and it may involve engineering. COMMISSIONER ROY: YeS, I'm glad you're there because I have a different understanding for the plan for both Windsor Drive and Hinkle. And I'd like to hear your official position on Hinkle. My understanding is that it's the current width that it's going to stay and that on Windsor, that it's not going to be made a four lane road up there. So could you clarify that for everybody? Ma. S^CMOY: Hinkle Drive is actually wide enough to allow for four lanes. It's currently only striped for two. So, yes, Hinkle Drive could be re-striped or rebuttoned to provide for four Ianes. One of the issues that would have to be de, ak with in doing so would be what to do with the bicycle lane. I know that question has come up. And, ultimately, according to our Mobility Plan, the City's intention is to have an eight-foot wide bicycle path behind the curb on Hinkle Page 64 Drive. So in answer to the question about Hinkle, yes, it is wide enough for four lanes. It isn't four lanes now simply because it's not striped that way. And die property, they arc going to have to demonstrate how much additional ton-off will be created and if they are going to create additional ton-off, which obviously they would be unless they do some kind of detention pond COMMISSIONER WATKINS: YeS, that's what i was getting at. MR. SALMON: Then they would have to make appropriate downstream drainage improvements to take into 5 6 7 8 9 10 11 12 in order to stripe it that way, we would have to address the bicycle lane because we couldn't fit the bicycle lane and four lanes of traffic in. COMMISSIONER ROY: could you just say that again about file bicycle lane. I understand the Mobility Plan has Hinkle at four lanes and no bike lane. But the bike lane is part of file Mobility.'? MR. S^~MON: well, we do have an approved account for tlmt additional drainage. So, yes, there's going to be additional drainage and it's either going to be taken care of with either detention, some kind of physical improvements to the drainage system or combination thereof, and that will be determined at the time that the property is platted, and all of the engineering is done. COMMISSIONER WATKINS: But it will not -- it will not effect the Headlee Addition or will it? MR. SALMON: NO, no. 'f mean, if they do a drainage study and it indicates that it's going to have an adverse affect on the drainage in the Headlee Addition, then, obviously, they would be required by our Development 13 14 15 16 17 18 19 20 21 22 23 24 25 pedestrian and bicycle component of our Mobility Plan and also with Hinkle Drive being a collector street, anyone who plats property along a collector street is required to install an eight-foot wide sidewalk. Any properties that are already platted or developed it would be up to the City to fill in those gaps with the appropriate size sidewalk r bike path. COMMISSIONER ROY: could you conmlent on Windsor? MR. SALMON: windsor Drive is a secondary arterial on our Mobility Plan which means that typically you would have a four lane sac:et with a median in the center. PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 61 - Page 64 CondcnscltTM $ 6 7 8 9 10 11 12 13 14 15 t6 17 18 19 20 21 22 23 24 25 1 2 3 5 6 7 8 9 10 11 12 13 14 15 t6 17 18 19 20 21 22 23 24 25 Page 65 What we have flxrough North Lakes Park right now is just one half of what will ultimately be there. The su~et is actually designed to have an additional two lanes on the north side. They've just never been constructed you. COMMISSIONER POWELL: I have a slot up here for staff. I don't know if staff is finished yet, but we have additional -- Ms. C.t~e~NXER: ~just -- I wanted to add, Mr. Ctmirman, in response to Mr. -- Couunissioncr Watkins questions that both Windsor and Hinkle would likely have sUmt intersections from this development on to them. But they're not allowed to have driveway access from the individual houses. Okay. So it's likely that there would be street intersections. But individual driveways cannot be there, COMMISSIONER POWELL; Mr. Johusoll. COMMISSIOh~ER JOHNSON: okay, And that kind of went to my question. So far we've kind of been lead to Page 67 this tract, which I believe is currently City park depamnent; is that correct? And if I'm also remembering it right, the development immediately to the east of that is NR-6 today; is that correct? I mean, west of it, yes. MS. CARPENTER: The answer is yes, the City does own that and we're speaking to the west and the south, not the east. COMMISSIONER JOHNSON: Right. To the west of the park which is really drainage is currently NR-6? lO 11 12 13 14 15 16 i17 18 19 believe there will be no entrance from this division on to Windsor. Is them some prohibition from doing that? MR. SALMON: NO. The" Ollr Development Code would allow a street intersection on Windsor Drive, not just a private driveway. MS. VIERA: That's correct. COMMISSIONER POWELL: would you speak into the mike, please, Ms. Viera? MS. VIERA: That's correct. I'm trying to bring the zoning map. COMMISSIONER JOHNSON: Okay. And all of that area there is NR-6 which is -- MS. VIERA: Six units per acre. COMMISSIONER JOHNSON: Right. So -- and there are actually duplexes along Bowling Green; is that COMMISSIONER POWELL: Any other -- oh, 20 correct? 21 22 23 24 of sta£f. MS. VIERA: That's my understanding. COMMISSIONER JOHNSON: Okay. Thank you. COMMISSIONER POWELL: Any other questions Any discussion on this issue? Well, I guess in Page 66 George, excuse me. Go ahead, sir. COMMISSIONER WATKINS: Thank you, Mr. Chairman. One more question, David, about Windsor. A while ago we saw a drawing or a map up here and it appeared that this addition overlaid part of Windsor. Is that just the way it was put in the copy machine? It was the one that had the little dog-leg up at the -- it was the northwest comer for about half the width of this addition. It looked like it stuck out into or across Windsor. MR. SALMON: well, a lot of thnes property tines and tract lines and deed lines actually go out into the street right-of-way. COMMISSIONER WATKINS: Okay. It's no problem? MR. SALMON: Correct. And, in fact, most deed lines do go out into the middle of the street. COMMISSIONER WAIKINS: okay.. Thank you. COMMISSIONER POWELL: Any other questions of staff?. No? Yes, sir. Go ahead. COMMISSIONER JOHNSON: It'S not on this -- it hasn't been brought up in this presentation today, but I'd like to confirm what I think I heard before. The aerial photograph that's on the board does show what's been referred to as the garden spot or on the east side of 25 theory we should have a motion before discussion. Is 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 68 there a motion on this issue? Mr. Strange, you look like you're ready to make a motion. COMMISSIONER STRANGE: I was trying to decide if I wanted to or not. COMMISSIONER POWELL: l'm sorry. COMMISSIONER STRANGE: I was just getting my finger close to the button. I wasn't touching the button. COMMISSIONER POWELL: I have -- excuse me. I have Mr. Roy ahead of you now, so we'll let him step into this. COMMISSIONER ROY: Well, now wait a nfinute. I just want to talk a minute here. COMMISSIONER POWELL: well, discussion is fine, sir. Go ahead. COMMISSIONER ROY: This is a very important map to me, that's there now. NR-6, a blank site and this NR-2, you know, we've struggled with this holding designation in this Corn_mission. Personally, I believe NR~2 is, yOU know, it was -- it never was intended to be an actual NR-2 site. Well, we've got NR-6 blank NR-3 and I'm struggling with the significant difference between what I've been toId today is, you know, 2.6 units per acre versus the 4.59 units per acre. On the other hand, we have always talked PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 65 - Page 68 CondcnscltTM 5 6 7 8 9 l0 I i2 13 14 15 16 17 18 19 2O 21 22 23 24 25 1 2 5 6 7 8 9 10 11 12 13 14 15 16 i7 18 19 20 21 22 23 24 25 Page 69 about, you know, buffering between -- somebody else could come in and say, well, }qR-6 for the whole thing because therer$ NR-6 right next to us, So I'm just struggling -- the big difference between thc NR-3 or excuse me, the 2.6 units per acre and the 4.59 and I'm having trouble with that, so I don't know what to do just yet. COMMISSIONER POWELL: Any other discussion? Page 71 happen. In this town less than a third of the houses have a value high enough to pass the what was said here $225,000.00. It's probably mom like $240,000.00 required to support the school requirements. So that's probably not going to happen in this area realistically either. So I think what I'~n going to do, Commissioner Powell, is I'm going to make a motion that we deny this I won't even force you to make a motion. Any other discussion on ttds issue? No other discussion -- I'm sorry. It popped right up here. Mr. Johnson. COMMISSIONER JOHNSON: YOU have to watch your cockpit panel there. COMMISSIONER POWELL: Talk into yom' mike and make sure it's on, sir. COMMISSIONER JOHNSON: It'S on, I believe. Welt, this is a difficult one. ! think that there's a lot of concern for traffic on Hinklo and yet the road is built to bca four-lane road. It is obviously built to handle more traffic than it is currently handling. I think it's unreasonable to think that there will not some day be development of the site in question. So Hinkle is going to handle more traffic than it does today. So that's going to be a disappointment to some people. Windsor also is a nice little road right 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 application, and it's going to be because, in my mind, there is not an adequate balance between NR-4 and NR~6. COMM~SmON~ ~'OWE~: WC have a motion on the floor. Is there a second? COMMISSIONER STRANGE: second. COMMISSIONER POWELL: we have a second and Mr. Strange, you're next to speak. So you're now, I suppose, speaking on this motion. COMMISSIONER STRANGE: okay. [hn speaking on the motion. I think my concern here is that I tried to hsten to what was said here and the concerns from the existing neighbors and although we can't always take that totally into consideration. I think it's our jobs to take what we can into consideration. I heard words of value, size, neighborhood feel, no starter homes was kind of a co,m-non ttwead I heard throughout a lot of this conversation. Page 70 now. Ultimately, I think that has to connect to 35 and will carry considerably more traffic than it does. So the traffic in this area will probably, despite all of our best intentions, increase in this whole area. There is probably going to be for, in the inm~ediate future, some increased traffic through the neighborhood because of the work that's going to happen on University and it's probably going to funnel some traffic tlu:ough the neighborhood. I do believe what Joe is saying is right, the intention of this zoning is to blend between the less dense what is now NR-3 area and the more dense NR-6. To me, the question is arc we blending in a proper proportion. We have a very small strip of NR-4 and a raffler large area of ~-6. And that may be the problem that I end up having on this is maybe we should have more balance between those two. And that may solve some of the problems. It is not going to solve all of the concerns because there is still going to be additional traffic in this whole area. And flaere's also going to be fl~e school issue, whatever goes here, you're going to have the school issue. I don't believe that anybody would expect or should expect the value of the house to satisfy the cost requirements of the school district. It just doesn't 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 72 It bothers me that I can't seem to find an answer to what really is proposed to be built across the street. And when I can't get an answer that satisfies me, I don't know that I could consciously vote for something that would impact a neighborhood. So because -- I don't have -- feel like I have enough information and because the information I do have indicates that there is going to be a disparity between what exists there and what is proposed -- or what exists currently at North Ridge, Magnolia, Mimosa area. And what's proposed is too diverse, so I'1I be voting against the motion. COMMISSIONER POWELL: MS. Holt -- I'm sorry. Mr. Roy, and then Ms. Holt. COMMISSIONER ROY: I think we have to recognize that the people who own this site have a right to develop this property. And I heard people say, well, it would be nice to leave it the away it is. I'm sure it would be. I mean, everybody would love to be able to drive by there. But I think we cannot deny a reasonable request for a development of a piece of property. And as Mr. Johnson said, you know, everybody -- I mean, anything we do there is going to increase Hinkle, and I'm encouraged by the fact that Hinkle is currently appropriately for four lanes and that there is a plan to reconstruct a bike path in addition -- PLANNING AND ZONING JIJNE 23RD, 2004 MINUTES Page 69 - Page 72 4 5 6 7 8 9 10 :11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CondenseltTM Page 73 and after they lose it from when Hinkle goes to four lanes. But my thinking at this point is that I'm going to support thc motion to deny this request because I feel that it's just -- it's just too big a change from the current density to the new density for the entire site. And I do -- I think tile developer has made a good faith effort to put in this NR-4 section along Hinkle. And I think there's no doubt in an attmnpt to blend between what's there now, but if you look at tile entire site, even taking in the NR-4 sel~llellt, it's -- the overall site is -- it's just, in my mind, too heavy of an increase in density. So I will be supporting the motion to deny this wxtuest. COMMISSIONER POWELL: MS. Holt, please, and then legal. COMMISSIONER HeLl: First Of all, I just agree with everyone said, and I want to go by the same rules we gave the audience. But the one thing that really bothers me about it is the traffic that it would send tlurough possibly Headlee, Mimosa, Magnolia or Nortkridge. Those are very quiet neighbofl~oods and I think it would just change the whole atmosphere of tile neighborhood. I would hope that this site is developed as the Headlee Addition has been because it seems that we have a lot of things brought before this Co,mnission that are so tightly Page 74 developed, so many houses on a very piece of land. In north Denton, we need some more houses like Headlee Addition. Denton needs that kind of a house. Now, while they're not being built, I guess they're not -- tile demand doesn't seem to be there, but front those of us who live in those areas like that, that kind of an addition is something we need more of in Denton. COMMISSIONER POWELL: Legal, do you still want to speak up here? MS. ?^LUMI~O: I just wanted to clarify a conunent that Mr. Roy said and if this is not a correct smmnm'y of what you said, please correct me. But you indicated that we -- and ! think you mean by we, the Planning and Zoning Conmfission cannot deny a reasonable request to devolop; is tbat what you said? COMMISSIONER ROY: I dou't know if I said we cannot. I think we have an obligation to the landowner to allow him to develop his property. And that didn't mean to imply that we cannot do it. MS. ?^LUM~O: okay. Welt, I just wanted to clarify that zoning is a discretionary decision. COMMISSIONER ROY: Right. MS. PALUMBO: And that your recommendation should be based on a fact. In your consideration, it does 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 75 not -- you don't -- the statement we cannot dcaly a reasonable request to develop is really not accurate. Zoning is a discretionary decision for you to make your rccoinmendation and the City Council has discretion in this matter. COMMISSIONER POWELL: Mr. Watkins. COMMISSIONER WATKINS: Thank you, Mr. Chairman. A prestigious address certainly in the Headlee Addition. I go along with Conunissioner Roy, the person has the right to develop the site. As I understand it, the owner of that site has been there quite some time, as a matter of fact owned the Downs Addition be[om it was built and so forth. What I would llke to do is express to all the people that came tonight and I know it's not easy to come down to the microphone or to fill out a card or get dressed and come down and spend half your night, but for the Planning and Zoning Cmmnission, I would like to thank each and every one of you whether I vote with you or against you, please know that we do appreciate. This is representative City Government. Thank you so nmch. COMMISSIONER POWELL: Any other colmnents on this item? Then I have a couple. It was pointed out to me or I learned earlier this week in some material that I got with my packet that there are at thc most 1,300 homes in the City of Denton that would meet the school district Page 76 requirement out of 19,000, at the most. And then I'd like to talk about traffic a moment. All of us live in a subdivision. Every -- everyone here more than likely and I'm here to clue you in that every subdivision that was ever built in Denton, somebody said you shouldn't do it because of traffic. Your home wouldn't exist if that was the attitude taken at the time. My home wouldn't exist. I guess -- since I'm the senior member here in time, I've heard traffic for tile last what seems to be ten years. It might be eight. Traffic, traffic, traffic. Keep in mind we have -- we have a reasonable expectation of this site being developed and it will bo in my opinion sooner or later and there will be additional traffic and there is nothing we can do about it. When Headlee subdivision this built, there was additional traffic. I live on Wilsonwood. When my subdivision was built there was additional traffic. It's just going to be that way. Any other co,reheats on this? Then I'1t call for a vot~. And the motion is to deny, so a yes vote vote denies, am I correct here, so we're all on board? Thank you. Please, vote. Motion passes 5-1. (COMMISSIONER WATKINS VOTING IN OPPOSITION.) PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 73 - Page 76 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF 30.7 ACRES FROM NEIGBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO 6.2 ACRES OF NEIGHBORHOOD RESIDENTIAL 4 (NR-4) AND 24.5 ACRES OF NEIGHBORHOOD RESIDENTIL 6 (NR-6), WiTH AN OVERLAY DISTRICT; SUCH PROPERTY BEING GENERALLY LOCATED AT THE SOUTHWEST CORNER ON WINDSOR DRIVE AND HINKLE STREET INTERSECTION AND LEGALLY DESCRIBED AS TRACT 31 OF THE R. BEAUMONT SURVEY ABSTRACT NUMBER 61 AND TRACTS 54 AND 56 OF THE MEISENHEIMER SURVEY ABSTRACT NUMBER 810 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; SUCH OVERLAY DISTRICT ESTABLISHES DIFFERENT REGULATIONS THEN WOULD NORMALLY PERMITTED IN THE NR-6 DISTRICT, INCLUDING THE REDUCTION OF THE NUMBER OF PERMITTED RESIDENTIAL LOTS, THE INCREASING OF BUILDING SETBACKS, AND LIMITATIONS OF PERMITTED LAND USES; PROVIDING FOR A PENALTY IN THE MAXIIVILIM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE ANT) AN EFFECTIVE DATE. (Z04-0017) WHEREAS, Marvin Morgan initiated a change in zoning for approximately 30.7 acres of land, 6.2 acres (the "6.2 Acre Tract") of which is being changed from Neighborhood Residential 2 (NR-2) zoning district classification and use designation to Neighborhood Residential 4 (NR-4), and 24.5 acres (the "24.5 Acre Tract") of which is being changed for NR-2 to Neighborhood Residential 6 (NR-6), with and overlay district; and WHEREAS, the 6.2 Acre Tract and the 24.5 Acre Tract are particularly described in Attachment "A" . attached hereto and made a part hereof by reference; and WHEREAS, on May 26, 2004, the Planning and Zoning Commission concluded a public heating as required by law, and recommended denial 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 an d enhance the Property and surrounding area wkich 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: Page 1 of 3 SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The 6.2 Acre Tract is hereby rezoned from NR-2 to NR-4. The 24.5 Acre Tract is hereby rezoned from NR-2 to NR-6 with and overlay district (the "Overlay District") containing the following conditions: a. Density within the 24.5 Acre Tract shall not exceed 4.7 residential lots per acre. b. The permitted uses within the 24.5 Acre Tract shall be hmited to those permitted uses within NR-4 districts. c. Building setbacks within the 24.5 Acre Tract shall be the same as in NR-4 districts. The above regulations shall control within the Overlay District over any conflicting regulations for the NR-6 district contained in the Denton Development Code. 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. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, 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. EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Page 2 of 3 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 3 of 3 ATTACHMENT A LEGAL DESCRIPTION 24.485 ACRES Being all of a certain, tract or parcel of land situated in the Robert Beaumont Survey, Abstract Number 31 and the N.H. Meisenheimer Survey, Abstract Number 810 in the City and the County of Denton, Texas and being a part of Section Five, Tract One as described in the Special Warranty Deed as recorded in Volume 1796, Page 60I of the Real Property Records, Denton County, Texas and being more particularly described as follows: COMMENCING at a point in the center of Hinkle Drive at the Southeast corner of said Tract One; THENCE North 88 Degrees 36 Minutes 20 Seconds West with the South line of the herein described tract at 32.77 feet passing a capped iron rod found for the Northeast corner of Lot 1, Block 1 of Gateway Addition an addition to the City of Denton as recorded in Cabinet K, Page 238 of the Plat Records, Denton County, Texas in the West line of said Hinkle Drive, continuing on said course a distance of I93.59 feet to a 1/2" capped iron rod set for the Southeast corner of the herein described tract at the POINT OF BEGINNING; THENCE North 88 Degrees 36 Minutes 20 Seconds West with the South line of the herein described tract and the North line of said Lot 1, Block 1 of Gateway Addition a distance of 884.87 feet to a 1/2" iron rod found in a curve to the left for the Southwest corner of the herein described tract and the Northwest corner of said Gateway Addition in the East line of a tract of land to the City of Denton described as Tract II1 in Volume 695, Page 669 of the Deed Records, Denton County, Texas; THENCE with said curve to the left having a radius of 2293.00 feet and a central angle of 23 Degrees 42 Minutes 21 Seconds and having a chord bearing of North 04 Degrees 35 Minutes 54 Seconds West a chord distance of 941.96 feet, along said East line of said Tract III and the West line of the herein described tract an arc distance of 948.72 feet to a point for corner on the South side of Windsor Drive; THENCE North 46 Degrees 19 Minutes 50 Seconds East crossing said Windsor Drive a distance of 104.66 feet to a point for the Northwest corner of the herein described tract; THENCE North 71 Degrees 38 Minutes 30 Seconds East with the North line of the herein described tract and along the North side of Windsor Drive part of the way crossing back over to the South side of Windsor Drive a distance of 737,20 feet to a point for corner; THENCE North 60 Degrees 38 Minutes 10 Seconds east with the said North line of the herein described tract and the South line of said Windsor Drive a distance of 177.67 feet to a point for corner at the beginning of a curve to the right having a radius of 484.52 feet and a central angle of 08 Degrees 00 Minutes 57 seconds with a chord bearing of North 64 Degrees 38 Minutes 25 Seconds East a chord distance of 67.73 feet; THENCE with said curve to the right with the North line of the herein described tract and the South line of said Windsor Drive an arc distance of 67.79 feet to a point for the Northeast corner of the herein described tract; THENCE South 01 Degrees 17 Minutes 30 Seconds West a distance of 1381.41 feet to the POINT OF BEGINNING and enclosing 24.485 acres of land more or less. LEGAL DESCRIPTION 6.218 ACRES Being all of a certain, tract or parcel of land situated in the Robert Beaumont Survey, Abstract Number 31 and the N.H. Meisenheimer Survey, Abstract Number 810 in the City and the County of Denton, Texas and being a part of Section Five, Tract One as described in the Special Warranty Deed as recorded in Volume 1796, Page 601 of the Real Property Records, Denton County, Texas and being more particularly described as follows: BEGINNING at a point in the center of Hinkle Drive at the Southeast corner of said Tract One; THENCE North 88 Degrees 36 Minutes 20 Seconds West with the South line of the herein described tract at 32.77 feet passing a capped iron rod found for the Northeast corner of Lot 1, Block 1 of Gateway Addition an addition to the City of Denton as recorded in Cabinet K, Page 238 of the Plat Records, Denton County, Texas in the West line of said Hinkle Drive, continuing on said course a total distance of 193.59 feet to a 1/2" capped iron rod set for the Southwest corner of the herein described tract in the North line of said Gateway Addition; THENCE North 01 Degrees 17 Minutes 56 Seconds East serving said Tract One a distance of 1381.41 feet to a 1/2" capped iron rod set for the Northwest corner of the herein described tract, in the South line of Windsor Drive also being in a curve to the right having a radius of 484.52 feet and a central angle of 19 Degrees 24 Minutes 37 Seconds with a chord bearing of North 78 Degrees 21 Minutes 12 Seconds East a chord distance of 163.36 feet; THENCE with said curve to the right with the North line of the herein described tract and the South line of said Windsor Drive an arc distance of 164.14 feet to a point for corner; THENCE South 00 Degrees 53 Minutes 45 Seconds West a distance of 24.43 feet to a point for corner; THENCE North 71 Degrees 38 Minutes 30 Seconds East a distance of 15.37 feet to a point for corner; THENCE North 00 Degrees 53 Minutes 45 Seconds East a distance of 29.97 feet to a point for corner in the South line of said Windsor Drive; THENCE South 89 Degrees 00 Minutes 30 Seconds East with the South line of said Windsor Drive a distance of 18.82 feet to a point for the Northeast corner of the herein described tract in the center of said Hinkle Drive; THENCE South 01 Degrees 17 Minutes 30 Seconds West with the East line of the herein described tract in the center of said Hinkte Drive a distance of 1282.43 feet to a point for corner; THENCE South 00 Degrees 55 Minutes 25 Seconds West with the center of said Drive and said East line a distance of 146.71 feet to the POINT OF BEGINNING and enclosing 6.218 acres of land more or less. AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET June 23,2004 Planning Department Jon Fortune, Assistant City Manager SUBJECT - SD04-0002 (Unicorn Lake Development - Median Sign) Hold a public hearing and consider adoption of an ordinance creating a Special Sign District for the Unicom Lake development. The purpose of the Special Sign District is to allow special signage for the development, located south of Interstate 35 East along both sides of Wind River Lane, deviating from the requirements of Subchapter 15 of the Development Code relating to directional signage. The Planning and Zoning Commission recommends denial (3-3). If the Council chooses to approve this request, a supermajori .ty vote is required. BACKGROUND Applicant: Shelton Development Denton, Texas The applicant proposes a Special Sign District for the purpose of locating a directional sign ("way finding sign") on a public street median in the proposed Unicom Lake Boulevard at its intersection with State School Road. The proposed monument directional sign has an approximate effective area of 240 square feet (30 feet wide, 8 feet tall), is made of stucco and wrought iron elements and would display the Unicorn Lake Development logo. The applicant agreed to all responsibilities and signed a right-of-way use agreement, which allows the location and maintenance of the private structure on public property. The agreement is scheduled for City Council consideration on July 20, 2004. Subchapter 15 of the Development Code does not address "way finding" signs. The proposed sign district would allow an off-premise "way finding" sign to be located on public property. Subchapter 15 of the Development Code authorizes the Planning and Zoning Commission to make a recommendation to the City Council if it finds that the five criteria (Attachment 1) for a special sign district are met and that the proposal is "clearly superior" to what would be permitted without the plan. On April 20, 2004, the Council approved a special sign district (SD04-0001) that allows 18 ground signs (three of which exceed the maximum effective area) to be located throughout the 133 acre development. One neutral response from a property owner within 200 feet of the subject site was submitted to the City. Per Section 35.3C.4.b of the Development Code, a super majority vote from the City Council will be required to approve this case since the Planning and Zoning Commission recommended denial. A motion for approval met a 3-3 vote (Commissioners Powell, Strange, and Holt opposed), which in essence resulted in a recommendation for denial. OPTIONS 1. Approve as submitted. 2. Approve with conditions 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION A motion for approval met a 3-3 vote (Commissioners which in essence resulted in a recommendation for denial. Powell, Strange, and Holt opposed), ESTIMATED PROJECT SCHEDULE A preliminary plat for approximately 133.5 acres and a final plat for a movie theater have been approved. ATTACHMENTS 1. Staff'Analysis 2. Location Map 3. Public Notification (Property Owner Notification Map) 4. Special Sign District Site Plan 5. Special Sign District Sign Elevation 6. Photograph of Property 7. June 23, 2004 Planning and Zoning Commission Minutes 8. Ordinance Prepared by: Deborah Viera, AICP Planner II Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Request The applicant is proposing the creation of a Special Sign District. Subchapter 15 of the Development Code, authorizes the Planning and Zoning Commission to make a recommendation to the City Council if it finds the five criteria are met and that the proposal is "clearly superior" to what would be permitted without the plan. The ordinance states: The council may approve the creation of a sign district for any property which has more than three hundred (300) feet of continuous street frontage on one (1) public street if it finds the district: (1) Provides a comprehensive plan for signs that would be clearly superior to what would be allowed without the plan; (2) FFould be compatible with surrounding properties. In considering whether a district and sign plan is "compatible" and "clearly superior", the Commission and Council shall consider, but are not limited to considering the following: 1. Scale. The relationship between and compatibility of sign scale, site scale and the scale of nearby buildings. 2. Color. The relationship between and compatibility of sign color to the color of nearby buildings and landscaping: The degree to which sign colors are complimentary to its surroundings. 3. Material. The materials of the signs and how they relate to their surroundings. 4. Shape. The shape and design of the signs and how they relate to their surroundings. 5. Landscaping. The relationship of signs to landscaped features in and outside the district. 6. Traffic Safe,tv and Traffic Circulation. The impact of the signs on driver's view, the degree to which view obstructions are created or improved, avoidance of confusion with or obstruction of traffic control signs and devices, and the time it takes a motorist to read the sign. 7. Illumination. The impact and compatibility of sign illumination within the district and in relation to neighboring properties. The avoidance of glare and light pollution. 8. Integration. How the signs in the district are integrated into a unified development concept with the topography, building design, other signs, landscaping, traffic circulation and other development features on the district and nearby property. (3) Is not being used merely to avoid or gain a variance of the sign regulations; (4) Does not violate the spirit or intent of the sign regulations; and (5) Complies with the requirements of this for a special sign district. Adjacent zoning. North: South: East: Existing Condition of Property Property History. February 20, 2002 - Ordinance 2002-040 was placed the subject property in a Regional Center Commercial Downtown (RCC-D) zoning district. Neighborhood Residential 2 (NR-2) (Briercliff Park) Neighborhood Residential 2 (NR-2) (State School campus) Regional Center Commercial Neighborhood (RCC-N) (undeveloped land) West: Neighborhood Residential 2 (NR-2), (future Unicorn Lake Boulevard right-of-way) The proposed "way finding" sign would direct motorists toward the Unicorn Lake development from State School Road. The Unicom Lake development encompasses approximately 133 acres of mixed-used land uses, including a movie theater (currently under construction) and potential offices, retail, restaurant, and multi-family. Sign District Plan Analysis The subject site is located in an "Existing Neighborhoods/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. Staff's analysis for the Special Sign District requires the review of the criteria stated in the ordinance and reiterated in the summary above and then is followed by a Staff finding: The council may approve the creation of a sign district for any property which has more than three hundred (300) feet of continuous street frontage on one (1) public street if it finds the district. Staff finding: The proposed "traffic control" sign would service the Unicorn Lake development which has approximately 740 feet of street frontage along Interstate 35 East frontage road, 1,582 feet of street frontage along Wind River Lane, 5,003 linear feet along 2 proposed collector, and 922 linear feet along proposed extension of Clubhouse Drive Provides a comprehensive plan for signs that would be clearly superior to what would be allowed without the plan; · A sign elevation and site plan have been prepared by the applicant (Attachment 4). Staff Finding: The applicant's proposal is not currently considered or regulated by the Development Code. Because the proposed sign would be located on a street median (public property) and outside the premises of the actual Unicom Lake development, the sign will be in conflict with Sections 35.15.4.D and 35.15.4.K regarding signs in public property and off-premise signs being prohibited: Signs on public property. Any sign located on or attached to a public street light, utility pole, hydrant, bridge, traffic control device, street sign or other public structure or building, or any sign, other than a temporary sign, located in, on, over, or within a public street, sidewalk, alley, easement or right-of-way. This prohibition shall not apply to projecting signs in central business districts as permitted by this article, markings made on public sidewalks as permitted by the Code of Ordinances or wind device signs placed over a public street by the city to advertise annual community events. Off-Premises Signs. Any off-premises sign, which is not, a properly registered nonconforming off-premises sign as proved for in this Subchapter. The City Council would consider the approval of a right-of-way use agreement, to allow the location and maintenance of the private structure in public property, on July 28, 2004. The approval of the proposed sign district would occur concurrent with the approval of the right- of-way use agreement. 3. Would be compatible with surrounding properties. Staff Finding: Within the surrounding area, there are not many developments and there is not a large variety of building and sign styles and materials to be compatible to. The applicant is proposing using the owner's own criteria for sign content. (See Attachment 5). In considering whether a district and sign plan is "compatible" and "clearly superior", the commission and council shall consider, but are not limited to considering the following: o Scale. The relationship between and compatibility of sign scale, site scale and the scale of nearby buildings. Staff Finding: The proposed "way finding" sign would service the Unicorn Lake development site where a movie theater and an undetermined area of mixed use are proposed at this time. The Briercliff Park is located to the North, and no significant structures are or would be developed on the park area. The State School campus is located to the South and existing buildings are not visible from the street. Color. The relationship between and compatibility of sign color to the color of nearby buildings and landscaping: The degree to which sign colors are complimentary_ to its surroundings. Staff Finding: The design of the signage has a consistent shape, but no specific color or materials has been determined to compare with the building architecture of the future development. At this time no building architecture has been determined for the future development. o Material. The materials of the signs and how they relate to their surroundings. Staff Finding: The proposed sign would be made of stucco and wrought iron elements. 5 7. Shape. The shape and design of the signs and how they relate to their surroundings. Staff Finding: Signs proposed would be throughout Denton. of standard geometric shape that is comparable to other signs 8. Landscaping. The relationship of signs to landscaped features in and outside the district. Staff Finding: Signs are not specified in the application to be located in landscaped beds. Traffic Safety and Traffic Circulation. The impact of the signs on driver's view, the degree to which view obstructions are created or improved, avoidance of confusion with or obstruction of traffic control signs and devices, and the time it takes a motorist to read the sign. Staff Finding: The sign location would comply with the minimum distances required for visibility and safety purposes. 10. Illumination. The impact and compatibility of sign illumination within the district and in relation to neighboring properties. The avoidance of glare and light pollution. Staff Finding: Sign would be illuminated externally, however, no language related to prevention of light pollution or lighting standards has been added to the signage plan. The sign code regulates lighting if signs are located within 500 feet of a single-family use or district. 11. Integration. How the signs in the district are integrated into a unified development concept with the topography, building design, other signs, landscaping, traffic circulation and other development features on the district and nearby property. Staff Finding: The proposed sign would portrait the Unicorn Lake development logo on the face of the sign. 12. Is not being used merely to avoid or gain a variance of the sign regulations; Staff Finding: The applicant's proposal is not currently considered or regulated by the Development Code. No variance could be obtained to allow a "way finding" sign. 13. Does not violate the spirit or intent of the sign regulations; and The spirit and intent of the sign regulations is to regulate signs according to type, number, size, setback, classification and height. The "spirit" of the ordinance, as noted on the ordinance at the time of adoption stated "WHEREAS, the City Council of the City of Denton finds that the use of signs and other outdoor advertising devices and structures, if unregulated, can, because of their number, placement, and characteristics, adversely affect property values; aesthetically damage the overall environment; create an unfavorable business climate which hampers attempts to attract and retain desirable commercial and business emerprises; and foster conditions that lessen the enjoymem and desirability of the City of Demon as a place in which to visit, live and work." Staff Finding: The proposed special sign district will regulate signs according to size, and height. 14. Complies with the requirements of the ordinance for a special sign district. Staff Finding: All submittal requirements of the Special Sign District have been met. This section of the ordinance allows the Planning and Zoning Commission to recommend and the City Council to impose appropriate conditions concerning the placement, design or use of signs in the district in order to protect surrounding properties, the community, and comply with the intent of the sign ordinance. STAFF RECOMMENDATION: Staff recommends approval of the special sign district SD04-0002 with the following condition: a. No business or commercial advertisement shall be placed on the median sign. ATTACHMENT 2 Maps NORTH Location Map ~-~~ ;ITE Scale: None ATTACHMENT 3 Public Notification NORTH Notification Map 200~ Lfmi~ Public Notification Date: June 9, 2004 200' Legal Notices* sent via Certified Mail: 3 500' Courtesy notices* sent via 1st Class Mail: 5 Number of responses to 200' Legal Notice · In Opposition: 0 · In Favor: 0 · Neutral: I Percent of land within 200' in opposition: 0% Scale: None *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ATTACHMEN 4 ]0 ATTACHMENT 5 Sign Elevation o 0 0 © ATTACHMENT 6 Photo of Site ]2 CondenseltTM 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 I 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 121 COMMISSIONER POWELL: Next is 7B, special sign district for approximately 133.5 acres located just south of Interstate 35 east along both sides of Windriver Lane. The subject site is within Neighbhorhood Residential 2, Neighbhorhood Residential 3, Neighborhood Residential Mixed Use, and Regional Center Commercial Downtown Zoning Districts. And I will now open the public Page 123 Development Code at this point. COMMISSIONER ROY: gO the examples you gave of residential areas, those signs are in the public right-of-way? MS. VIERA: They are being located itl medians where a right-of-way use agreement have been accomplished -- have been approved by City Council and bearing so I don't get caught in that trap again. Ms. Viera, MS. VIERA.. Good evening once again. The applicant is requesting a special sign district to allow a way finding sign on a street median of the intersection of the existing State School Road and the future and proposed Unicorn Lake Boulevard to where the arrow is pointing and there's a red circle around it. Tile proposed way finding sign will be directing traffic toward file 133 acre Unicom Lake Development. Currently the Development Code does not address way finding signs. It also prohibits signs to be located in public property and also prohibits off-premises signs within the City limits of Denton. However, the Code also provides for a Special Sign District for these type of cases where the existing regulation does not address a particular -- or the proposed signs deviates from the existing regulations. 8 9 10 11 12 ~13 14 15 16 17 18 19 20 21 22 23 24 25 they would be able to put those signs. However, for commercial we have not had that request before. COMMISSIONER ROY: and this sign is~ as best as I can is in the middle of the median? MS. VIERA: That's correct. COMMISSIONER ROY: ^nd smnebody has studied this so that it doesn't block the traffic seeing ears coming the other way? MS. worn: xhe sign will have to abide by all of the safety regulation for traffic purposes and the engineering department have studied the location of file median to assure that the visibility have not been blocked by the location of the sign. COMMISSIONER ROY: They have done that already? MS~ VIERA: Yes. COMMISSIONER ROY: okay. Thank you. COMMISSIONER POWELL: Any other questions Page 122 And right-of-way use agreement will be considered by City Council on July 20th to allow the applicant to locate thc way-finding sign on the median. The proposed sign, it is a 248 square foot sign located in the median. As you see, tile elevations on file screen -- made out of stucco and wrought iron elements. Staff have received no responses from property owner within 200 feet. Let me clarify that. We've got one that is neutral from the State School Campus. But no opposition at this time. Staff is reconuaending approval with the condition that no business or co~mnercial advertisement shall bo placed on the median sign. At this poiut, staff is available to answer any questions that you may have. COMMISSIONER POWELL: A.~ there any questions of staff'? Mr. Roy. COMMISSIONER ROY: could you give me au example of where we have approved something like this in tile past? MS. met,A: m the past, and this is very typical in the residential subdivisions where they put those big signs saying Wind River Subdivision or Forest Ridge Subdivision. But in commercial development, that is not that co~mnon. That's why way finding signs, as proposed, they are not covered or addressed by the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 124 of staff?. We have no cards for speakers. Does anybody want to speak on this issue for -- boy, oh, boy. Mr. Johnson, it's not as easy as it rooks. Is the applicant here? I thought the City was the applicant. I apologize. But I should have known better. Would the applicant like to speak? MR. SHELTON: Mr. Chairman, members of the Conunission, I'm Brad Shelton, 3300 Sundown Boulevard. I'm the applicant and the developer for the property of Unicom Lake Development. And I'm here to answer any questions you may have regarding our requests. COMMISSIONER POWELL: Are there any questions of Mr. Shelton? Mr. Roy has one. COMMISSIONER ROY: It'S a very simple one. You know, we don't typically approve these sort of things in the public right-of-way. And isn't there some way you can accomplish your sign by putting it over on your property? MR. SHELTON: Our property, if you'll notice, we've been working with tile -- with Slate School and the City to develop the Unicorn Lake Boulevard Tie-in all of the way to the State School property. COMMISSIONER ROY' could you show that point? I think I know where it is, but -- MR. SHELTON: This connection right here. PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 121 - Page 124 CondonsoltTM 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 i9 20 21 22 23 24 25 Page 125 It's about 1,400 fcct that tics in from State School Road up to the Unicorn Lake Development. At that point, the traffic -- there's going to be some -- there will bo traffic generated from the -- and the reason, I guess the reason behind having that connector road in was to help alleviate some of the traffic that is being -- that is at the Loop 288 and Lillian Miller. This way the northbound traffic from 35 and also as well as some of the southbound traffic can exit State School Road and then on to that entrance and access the developments, Wind River, Sundown in the south end of town at that point in time. And in order to do that, a sign would be placed at the intersection to notify people that that is the entrance to gain access tln:ough tl~at area. And like I said, it's just a -- well, it's a way finding. There's no advertising of anything other than the development with the logo on there. COMMISSIONER POWELL: Any other staff'? MS. CARVEt, rrER: JUSt to he clear, the Unicorn Lake property is the gray area. The land to the east o1' that is not owned by th~n. And so the State School Road is coining on property owned by others, but on tile public right-of-way, they're asking to put the sign that would guide you all the way to their development further west. So it's not on their property. It's not 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 127 commercial sign. MR. SHELTON: well, when we went through with staff, originally, on the first request we did have a sign on there as -- doing the Cinemark Theater and that was something we just had as an option. And then they sa[d, no, well, go ahead and we'll option to do just the project itself, not advertising anybody's general business COMMISSIONER STRANGE: It's advertising your subdivision. MR. SHELTON: YeS, sir. COMMISSIONER STRANGE: NOt on your property and on public right-of-way. So it realty is an advertisement. MR. SHELTON: Yes, sir. COMMISSIONER STRANGE: I think I have a problem with that. COMMISSIONER POWELL: Any other questions of the applicant? None at this moment, sir. MR. SHELTON': Thank you. COMMISSIONER POWELL: I will ask if there's anybody who wishes to speak for or against this issue? Seeing none, we will close the public hearing. I'm going to ask staff and maybe legal, are we setting a precedent here that we may not want to live with in the future? I Page 126 sm'rounded by their property. COMMISSIONER POWELL: Any Other questions of the applicant7 Seeing no our questions, I will ask if there are -- I'm sorry. Virgil, you weren't there at the moment. You're there now, though, and followed by Mr. Roy. COMMISSIONER STRANGE: HOW far off your property is this sign? MR. SHELTON: From our property line to there, it's about 1,400 -- 1,350 feet, I believe, is what the actual -- COMMISSIONER STRANGE: SO like a quarter of a mile away? MR. SHELTON: Thcxe about, yes, sir. COMMISSIONER STRANGE: why wouldn't it be closer to your own property or on your property? MR. SHELTON: if I put it on my property, no one driving down State School Road will know where that property is at. There will be no -- there's nothing -- there's no signage other than what we're proposing out there at State School Road where the connector road will be at, there's no signage there leading him to the property. COMMISSIONER STRANGE: well, then in that case, to me, it seems to me like an advertising sign, a 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 128 mean, it kind of bothers me. Mr. Strange brought out some interesting points that were kind of niggling in tile back of my mind. And he brought them forward. MS. PALUMBO: DO you want me to go first? COMMISSIONER POWELL: Either one. I don't cate. Just somebody help me hem. Let's go to legal. MS. PALUMBO: The Development Code allows for these special sign districts and you do pass them by ordinance. The way finding signs arc not currently addressed in the Development Code, but they're starting to be used more to define locations in a town where there's a development of this type. This is a development that's combining several uses and it's considered a sustainable development. It's a large area and somebody.iust exiting off of State School Road looking for the Unicom Lake Development, this would be a method to direct them into the development. COMMISSIONER POWELL: Mr. Roy -- excuse mc. We'll go to staff and then Mr. Roy. MS. CARPENTER: Mr. Chairman, I think that this is a change in policy direction. And that's the question that's squarely in front of you is whether the Planning Commission wants to find that a way finding sign meets the intent of its sign ordinance or whether it wants PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 125 - Page 128 Condens¢ItTM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I8 19 20 21 22 23 24 25 Page 129 ~o consider this sign as a cmmnercial-type sign. The staff has taken a position supporting this sign for a ntmther of reasons, most of which were enumerated by Dottle. The~e would be a public policy reason for supporting a way finding sign, and the City has a relationship with this developer from an Economic Development Standpoint, And that relationship has been supported by the coo in giving the City a large grant for the transportation improvemenLs to support this town center development So you've hit the question square on the head. That is the policy question that is before you, Mr. Roy. COMMISSIONER POWELL: Mr. Roy. COMMISSIONER ROY: I would like to support this as recommended by staff. But I'm concerned about the wording, no business or conunercial advertisement. I wonder if we could say approve the sign as presented in this -- in our backup rather than -- because I think technically, it could be considered a business advertisement. But for the reasons staff is eumnerated, I'd like to support this. Could we just approve it as developed -- as presented in the backup package? Could I make a motion like that? MS. CAReE~qr~.R: I don't think you have to 5 6 7 8 9 10 11 12 13 14 i5 I6 17 18 19 20 21 22 23 24 25 Page 131 the square on each comer down there now that have the businesses on a block listed and pointing toward them. And if I'm not mistaken, I think the City put those signs up. And I'm not sure if they're on public property or private, but there right on the comers and they're on each comer of the square. Is that not sim[tar to what we're doing here? It's just a matter of scale. COMMISSIONER POWELL: staff and then Mr. Strange. MS. CARPENTER: Those are on public right-of-way, sir. And I believe the City did pay for the signs. COMMISSIONER JOHNSON: And they do list the businesses that they're pointing at that are -- that are down the side of the block, right? MR. REICHHART: Just to reiterate a little bit, they are on public property. And at the thue we hadn't used any special sign districts and they did go to the ZBA for variances to allow them in the location they're in. At this time we thought the special sign district was a better tool. The graphics and everything will be in the ordinance, and that's what will be built. COMMISSIONER JOHNSON: Okay. But this one is even a little bit less onerous because it doesn't name businesses, it's -- so I think there is a similarity and Page 130 find that it's a conunercial sign. And if you want to more carefully calI it a way finding sign, you lmow, I think that you could include that in your motion. COMMISSIONER ROY: well, I move approval of the special sign district for a way finding sign and not a couunercial advertismnent. Does that work? MS. CARPENTER: I think it works. Does it work for you, Dottle? MS. PALUMBO: t apologize. I was arguing with the Chair about whether lie opened tl~e public hearing. MS. CARPENTER: Mr. Roy's proposal is that the motion state that tile Planning Conunission is finding approval of this sign district based on its finding that this is a way finding sign. MS. PALUMBO: That would be a correct motion. COMMISSIONER POWELL: Mr. Johnson. COMMISSIONER JOHNSON: I'm going tO second it for discussion. COMMISSIONER POWELL: Thank you, sir. COMMISSIONER JOHNSON: And I have a lit~Ie bit of discussion of that. COMMISSIONER POWELL: I have a lot. COMMISSIONER JOHNSON: We have some -- I don't know if you call them kiosks or monument signs on 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 132 there is a precedent. So, anyway, I have seconded the motion. COMMISSIONER POWELL: Mr. Strange. COMMISSIONER STRANGE: well, I woutd see a little difference because I look at those signs. You walk up to thean and they're closed to where you're going to be. They're not a quarter of a mile away. They're not 30 feet wide, eight feet tall. That's a billboard. That's not a directional sign. And to me, this is a way to get advertising in public right-of-way. I see it as a cormnercial sign. It's not directional when it's eight feet tall, 30 feet wide. COMMISSIONER POWELL: Any oilier -- COMMISSIONER STRANGE: People find their way all over Denton to lots of other places without eight feet tat[ 30 foot wide signs. COMMISSIONER POWELL: Any other discussion on this motion? I have some and then I'm betwixed and betwcea~. I understand what Mr. Strange is saying. I also understand when I go down thc interstate, I see signs for McDonalds, for a Oulf Station for an Enron Station, for Denny's. And the purpose of that is so that when you're traveling the interstate, you know whether you want to get off or not. I also see signs for ball parks. I see PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 129 - Page 132 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 133 signs for Ray Roberts Lake all of which -- you know, most of Ray Roberts Lake is private development. And then I talk -- and then I understand where Mr. Strange is. And I want to tell you that I'm not sure yet where I am. It bothers me that it's a 30 foot, eight foot high sign or whatever. I'm just bringing that up for discussion. I don't know where to go with it. Mr. Strange. COMMISSIONER STRANOE: If yOU go back and look, too, we've already passed for a sign district here that has 18 ground signs. And then I think if I remember we passed something along the freeway the same way. It's not like this is the only sign they have coming to their property. But they've got lots of other signage and, again, I don't want to be narrow on this. But I think we're voting for a billboard, not a directional sign. COMMISSIONER POWELL: Mr. Watkins. COMMISSIONER WATKINS: Thank you, Mr. Chair. I'm afraid I missed something a while ago about working with the City on extending this froln the development, this road to State School Road. Would it help if we had any idea of what sort of help the contractor gave us on that or the developer gave us on that? COMMISSIONER POWELL: That was a comment from staff~ I think. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Page 135 Page 134 MS. CARPENTER: The City has worked with this developer and with cog on road improvements inside the -- this development that are supportive of the Town Center. And the City has purchased ~- I don't know exactly how the purchases were made on the State School Road. But them has been a cooperative effort between this developer and the City to make the connection back from 1-35 so that State School Road goes all the way back to Unicorn Road. And I don't mnember the details of that. I don't know if David knows or Larry knows. I don't remeanber the dctails of that, how that connection was made. But it's been a cooperative effort all the way along on an economic development basis. MR. REICHHART: If ][ understand tho agreement correctly, the developer is paying for that connector all the way to State School Road and then they are getting reimbursed with a 380 agreonent through tax incentives or tax rebate, if you will. MS. P^LUMnO: And let ~ne just mention that, you know, the economic development agreonent isn't really a factor in them asking for a special sign district. The sign district request is for an ordinance which would allow this particular sign as a way finding sign and as Ms. Carpenter pointed out, that is a dcpartm, from our 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 136 policy. This is pretty much the first case and it is a town center concept. And that's thc reason why the request is to place that sign as a way finding sign at that location. COMMISSIONER POWELL: Engineering? MR. SALMON: I was just going to add that thc City did purchase the right-of-way for the proposed road in addition to a nmnber of acres of property adjacent to this proposed road for park property, which has been our contribution to this project, to date. COMMISSIONER POWELL: thank you. Any other questions or discussion on this motion? We have a motion and a second. Seeing none, I will call for a vote. Motion passes -- woops, I'm sorry. Motion is tied, which means -- legal, which means? MS. PALUMBO: A denial. COMMISSIONER POWELL: Denied. 3-3. (COMMISSIONERS STRANGE, POWELL AND HOLT VOTING IN OPPOSITION.) PLANNING AND ZONING JIJNE 23RD, 2004 MINUTES Page 133 - Page 136 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING AN OVERLAY DISTRICT AND APPROVING A SPECIAL SIGN DISTRICT PLAN ON AN APPROXIMATE 0.023 ACRE OF LAND LOCATED AT THE INTERSECTION OF STATE SCHOOL ROAD AND UNICORN LAKE BOULEVARD LEGALLY DESCRIBED AS 0.023 ACRES OF TRACT 19 OF THE M.E.P. & R.R. SURVEY ABSTRACT NUMBER 950 IN THE CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (SD04-0002) WHEREAS, Shelton Development, has applied for a Special Sign District on real property containing approximately 0.023 acres of land in a Neighborhood Residential 2 (NR-2) zoning district to allow a directional sign on a street median, such real property legally described as 0.023 acres of Tract 19 of the M.E.P. and R.R. Survey, Abstract Number 950 particularly described in Extfibit "A" attached hereto and made a part hereof as Exhibit "A" ("the Property); and WHEREAS, on June 23, 2004, the Planning and Zoning Commission, after a public hearing, recommended denial of the Special Sign District by virtue of a 3-3 vote on a motion to approve; and WHEREAS, the City Council finds that the Special Sign District is in compliance with Subchapter 15 of the Development Code of the Code of Ordinances of the City of Denton, and is consistent with the Denton Plan; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Special Sign District is hereby approved on the Property subject to the following condition: One ground sign is permitted at the intersection of State School Road and Unicorn Lake Boulevard in the location shown on Exhibit "B", attached hereto and made part hereof by reference, and shall be constructed as shown in Exhibit "C", attached hereto and made part hereof by reference SECTION 2. This ordinance shall supercede ali requirements of the Sign Ordinance affecting the Property that are in conflict with or addressed by the Special Sign District Plan and the Special Sign District Regulations established by this ordinance. All other provisions of the Sign Ordinance shall remain in full force and effect against the Property. SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the 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 ,2004. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 EXHIBIT "A" LEGAL DESCRIPTION FOR SIGN AT UNICORN LAKE BOULEVARD & STATE SCHOOL ROAD BEING A 0.023 ACRE TRACT OF LAND SITUATED IN THE (M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 950, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING PART OF A CALLED 2.631 ACRE TRACT OF LAND, CONVEYED AS TRACT TWO TO THE CITY OF DENTON BY DEED RECORDED IN COUNTY CLERK'S FILE NO. 2004-56699, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS. SAID 0.023 ACRE TRACT, WITH REFERENCE BEARING BEING THE SOUTH LINE OF SECTION ONE, BRIER CLIFF ESTATES ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS AS RECORDED IN CABINET 6, PAGE 45, PLAT RECORDS, DENTON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING THE NORTHEAST CORNER OF AFORESAID 2.631 ACRE TRACT AND BEING THE SOUTHEAST CORNER OF A CALLED 1.354 ACRE TRACT OF LAND, CONVEYED AS TRACT THREE TO THE CITY OF DENTON BY DEED RECORDED IN COUNTY CLERK'S FILE NO. 2004-56699, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE ALONG THE NORTH LINE OF AFORESAID 2.631 ACRE TRACT AND THE SOUTH LINE OF A AFORESAID 1.354 ACRE TRACT AND THE SOUTH LINE OF A CALLED 9.618 ACRE TRACT OF LAND, CONVEYED AS TRACT ONE TO THE CITY OF DENTON BY DEED RECORDED tN COUNTY CLERK'S FILE NO. 2004-56699, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS THE FOLLOWING COURSES AND DISTANCES: SOUTH 89 DEGREES 56 MINUTES 05 SECONDS WEST, A DISTANCE OF 141.89 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 01 DEGREES 40 MINUTES 51 SECONDS, A RADIUS OF 914.93 FEET, AND A LONG CHORD THAT BEARS NORTH 89 DEGREES 13 MINUTES 30 SECONDS WEST, A DISTANCE OF 26.84 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 26.84 FEET, TO A POINT FOR CORNER; THENCE OVER AND ACROSS AFORESAID 2.631 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES; SOUTH 01 DEGREES 36 MINUTES 55 SECONDS WEST, A DISTANCE OF 23.90 FEET TO THE POINT OF BEGINNIi~G AND THE BEGINNING OF A NON- TANGENT CURVE TO TIlE RIGHT HAVING A CENTRAL ANGLE OF 23 DEGREES 38 MINUTES 51 SECONDS, A RADIUS OF 67.50 FEET, AND A LONG CHORD THAT BEARS SOUTH 78 DEGREES 14 MINUTES 30 SECONDS EAST, A DISTANCE OF 27.66 FEET; THENCE CONTINUING OVER AND ACROSS AFORESAID 2.631 ACRE TRACT AND ALONG THE BACK OF CURB THE FOLLOWING COURSES AND DISTANCES: ALONG SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 27,86 FEET, TO A POINT FOR CORNER AND THE BEGINNING OF A COMPOUND CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 132 DEGREES 42 MINUTES 18 SECONDS, A RADIUS OF 2.00 FEET, AND A LONG CHORD THAT BEARS SOUTH 00 DEGREES 03 MINUTES 55 SECONDS EAST, A DISTANCE OF 3.66 FEET; D ;~ Id\lJ N ICORIq~.C..2198501~,sdata\1985EX12.doc rd[6/2004 I~all~: 1 of 3 ALONG SAID COMPOUND CURVE TO THE RIGHT, AN ARC DISTANCE OF 4,63 FEET, TO A POINT FOR CORNER AND THE BEGINNING OF A COMPOUND CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 23 DEGREES 38 MINUTES 51 SECONDS, A RADIUS OF 67,50 FEET, AND A LONG CHORD THAT BEARS SOUTH 78 DEGREES 06 MINUTES 39 SECONDS WEST, A DISTANCE OF 27,66 FEET; ALONG SAID COMPOUND CURVE TO THE RIGHT, AN ARC DISTANCE OF 27.86 FEET, TO A POINT FOR CORNER; SOUTH 89 DEGREES 56 MINUTES 05 SECONDS WEST, A DISTANCE OF 23.46 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 25 DEGREES 46 MINUTES 35 SECONDS, A RADiUS OF 67.50 FEET, AND A LONG CHORD THAT BEARS NORTH 77 DEGREES 10 MINUTES 38 SECONDS WEST, A DISTANCE OF 30.1 i FEET; ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 30.37 FEET, TO A POINT FOR CORNER AND THE BEGINNING OF A COMPOUND CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 132 DEGREES 50 MINUTES 50 SECONDS, A RADiUS OF 2.00 FEET, AND A LONG CHORD THAT BEARS NORTH 02 DEGREES 08 MINUTES 05 SECONDS EAST, A DISTANCE OF 3.67 FEET; ALONG SAIl) COMPOUND CURVE TO THE RIGHT, AN ARC DISTANCE OF 4.64 FEET, TO A POINT FOR CORNER AND THE BEGINNING OF A COMPOUND CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 21 DEGREES 57 MINUTES 14 SECONDS, A RADIUS OF 67.50 FEET, AND A LONG CHORD THAT BEARS NORTH 79 DEGREES 32 MINUTES 07 SECONDS EAST, A DISTANCE OF 25.71 FEET; ALONG SAID COMPOUND CURVE TO THE RIGHT, AN ARC DISTANCE OF 25.86 FEET, TO A POINT FOR CORNER AND THE BEGINNING OF A REVERSE CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 00 DEGREES 34 MINUTES 39 SECONDS, A RADIUS OF 392.50 FEET, AND A LONG CHORD THAT BEARS SOUTH 89 DEGREES 46 MINUTES 36 SECONDS EAST, A DISTANCE OF 3.96 FEET; ALONG SAID REVERSE CURVE TO THE LEFT, AN ARC DISTANCE OF 3.96 FEET, TO A POINT FOR CORNER; NORTH 89 DEGREES 56 MINUTES 05 SECONDS EAST, A DISTANCE OF 23.44 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.023 ACRES OF LAND, MORE OR LESS. D:~SId~UNICO RI~0219850 P~data\~ 985 E× 12~doe 6/16r'2004 Pag~ 2 nf ~ SCALE: 1' = 60' CURVE CENR"AL ANGLE LRADtUS ~ CHORD BEARING "~HORD LENGTH AR,.C....LEN(~TH C2 ~3'38'~'~ 67.50' 5 78'~ 4"30" E 27.66' 27.86' C5 132'42'18" 2.00' S 00'03'55" E 5.66' ,. 4,55' C4 '25'38'51" 67.50' S 78'05'39" W 27.66' 27,S6' C6 152'50'50" 2,00' N 02'08'05" E ~.67' 4.64' ~'IN~ gEARING O~STANC~ LS,.~ S 69'56'~'5" W 25,46' L4 N 89'56'05" E ~.44' <Z~ [Z~'. 0 <o~ o CALLED 9,61B ACRES-TRACT ONE CiTY OF DENTON ~ o z o C.C.~ 2004-55699 ~ z MMENCINO POINT OF CtTy -~vu R P ~ ~ _ 6699 ~5 ACRE~ C3 L3 (DENTON STATE SCHOOL) ReFErENCE B[A~ q~ BEING ~ SOUTH LINE O~ SE~lON ONE, BRIER CLIFF ESTATES ADD~TION~ TEX~ ASRECORDED JRCAB~ 6, PAGE 45, P~T RECORDS, DE~ON COUNt, TEXAS ,,. EXHIBIT B Carter::Burgess SHEET sc~: ~' - ~' PROPERTY EXHIBIT FOR SiGN AT UNICORN ~K~ BOULEVARD ~ER · 9UR~ESS. INC, ~R*W, ~ KCC AND STATE SCHOOL ROAD OU~ OF TH~ ~, TM 7~7-4~ ~ OF ~ "' M.E.P. A P.E.R. SURVEY, ABST~CT NO. 950 ~4) ~4~ CHECK[~ BY; ~Jg IN THE Cl~ OF DENTON, DENTON COUNt, TEXAS ~'INE BEARING O~$TANC~ LI S 8~J'56'~)S'* W 141.69' L2 S 01'56'55" W 25.90' L3,. · S 69'56'6'5" W 23.46' L4 N 89'56'Q5" E 23.44' I,\$LD\UNIC. DRN\D2198501\GR~\D~/6\ 1985EXOS, D%/G AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET July 20, 2004 Engineering Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an Ordinance authorizing the City Manager or his designee to approve a Right of Way Use Agreement, to allow a monument sign and other improvements to be located within street right- of-way at Unicorn Lake Blvd. And State School Road to indicate entryway into Unicorn Lake, said tract being described as a 0.023 acres of land situated in the M.E.P. & P.R.R. survey, Abstract No. 950, in the City of Denton, Denton County, Texas, being part of a 2.631 acre tract of land, conveyed as tract two to the City of Denton by Deed recorded in County Clerk's file No. 2004-56699, Real Property Records, Denton County, Texas, and providing an effective date. BACKGROUND The City has been requested by the owner of the Unicom Lake development to allow improvements to be located in the City right of way. The owner is requesting permission for a Special Sign District through a companion ordinance to allow for the construction of the sign. This request requires a public hearing in conjunction with the Special Sign District. If the Special Sign District is approved, this Right of Way use agreement will be required to allow the placement of the sign in City Right of Way. If the Special Sign District is rejected, this Right of Way use agreement will not be required. The improvements consist of a monument sign, landscaping, and lighting components in the Right of Way area. The sole purpose of the sign is to inform the public that Unicom Lake Boulevard is an entryway into the Unicorn Lake development. No advertising of any kind will be allowed on the sign other than the name of the Unicom Lake development. The improvements will not interfere with traffic safety at the intersection of Unicorn Lake Boulevard and State School Road. The owner has applied for and met all the requirements for a Special Use Sign District that was approved by Planning and Zoning at their June 23, 2004 meeting. OPTIONS 1. Approve the Ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff endorses the adoption of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION None ATTACHMENTS Location Map Ordinance Right of Way Use Agreement Survey Legal Description Prepared by: Pamela England Real Estate Specialist Respectfully submitted: Charles Fiedler, Director Engineering Department ~~, ~;i r.~ot to s~a,e Location Map ~!i:iii!?:i!i?ili!!:i~!il S:\Our Documents\Ordinmaces\04\ROW Use-Windjammer. DOC ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPROVE A RIGHT OF WAY USE AGREEMENT TO ALLOW A MONUMENT SIGN WITHIN STREET RIGHT- OF-WAY AT UNICORN LAKE BLVD. AND STATE SCHOOL ROAD TO INDICATE ENTRYWAY INTO UNICORN LAKE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City Council finds that approval of the Right of Way Use Agreement attached hereto and made a part hereof by reference (the "Agreement") is in the public interest because it will allow the public to know that they are entering into the Unicom Lake area of the City of Denton which will promote efficient traffic circulation; 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 Agreement is hereby approved. The City Manager or his designee is hereby authorized to execute the Agreement on behalf of the City and to carry out the City's fights and obligations under the 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: HERBERT L. PROUTY, CITY ATTORNEY BY: RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: The City of Denton (the "CITY") does consent and agree to give Windjammer, Ltd., a Texas limited partnership (the "APPLICANT") the right to the non-exclusive use of a portion of right- of-way dedicated to the City which is more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Right-of-Way Area") for the purpose of constructing and maintaining a landscaped monument sign as shown on Exhibit "B" (the "Sign"), upon the following conditions: The APPLICANT, its successors or assigns, shall maintain and keep in good condition all of the Right-of-Way Area and the Sign and the CITY shall not become responsible for such maintenance at any time in the future. The contents and design of the Sign must be approved in advance by the CITY. The sole purpose of the Sign is to inform the public that Unicom Lake Boulevard is an entryway into the Unicom Lake development. No advertising of any kind will be allowed on the Sign, other than the name of the Unicom Lake development. The APPLICANT shall create a property owners association or other non-profit organization (the "POA") for the Unicom Lake development that will be responsible for maintaining the landscaping and signage, including the lighting components, in the Right-of-Way Area. Prior to the creation of the POA, the APPLICANT shall provide the City Attorney of the City of Denton (the "City Attorney") with copies of the draft POA documents so that the City Attorney may verify that the proposed POA will be responsible for maintaining the Right-of-Way Area. The boundaries of the Unicom Lake development are shown and described by metes and bounds on the attached Exhibit "C" which is made a part hereof by reference. The APPLICANT shall and does hereby agree to indemnify and hold harmless the CITY from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third persons occasioned by the APPLICANT's, its successors', or its assigns' use of the fight-of-way or act of omission, neglect or wrongdoing of the APPLICANT, its officers, agents, employees, invitees or other persons, with regard to the Sign and the APPLICANT shall, at its own cost and expense, defend and protect the CITY against any and all such claims and demands. Thc APPLICANT, without consent of thc CITY, may transfer or assign all of its rights and obligations under this right-of-way use agreement (the "Agreement") to a POA as a common area or improvement, provided that such a transfer or assignment shall not be effective until the APPLICANT has delivered a copy of the agreement evidencing such assignment (the "POA Agreement") to the CITY stating that the POA assumes all of the APPLICANT's duties under the POA Agreement. Upon such a transfer, the APPLICANT is automatically released I 012295.00010:832454.04 from all obligations hereunder, which obligations pass to the POA. All subsequent transfers or assignments of the fights and obligations under this Agreement shall require the CITY's prior written consent. The APPLICANT shall, or shall cause its successors or assigns to, purchase and maintain General Liability Insurance naming the CITY as an "additional insured" for damages arising from the construction and maintenance of the Sign with a limit of not less than $250,000.00 for each person and $500,000.00 for each single occurrence for bodily injury or death and $100,000.00 for each single occurrence for injury to or destruction of property. 4 The APPLICANT, its successors, or its assigns shall arrange for all activities and improvements in the Right-of-Way Area to be discontinued and/or removed, at the direction of the CITY, within thirty (30) daysof notification by the CITY, that the City Council has approved a resolution directing the use of the right-of-way by the APPLICANT be discontinued. The costs associated with the discontinuing of such activities, and the removal of such improvements, shall be borne by the APPLICANT, its successors, or its assigns. The APPLICANT, its successors, or its assigns shall not seek compensation from the CITY for loss of the value of the improvements made hereunder when such improvements are required to be removed by the APPLICANT. This Agreement shall be binding upon and inure to the benefit of the APPLICANT and the CITY, and their successors and assigns. The covenants contained herein are restrictive covenants that (a) touch and run with the land described in Exhibit "A" located in the City of Denton, Texas (the "Property"), Co) burden the Right-of-Way Area, (c) benefit the Unicom Lake Development, and (d) shall be binding on all parties and all persons claiming under them, and any future owners of the Property for a period of fifty years from the date of this Agreement. IN TESTIMONY WHEREOF, the APPLICANT executes this Agreement on this day of .., 2004. 012295.000 I0:832454.04 CITY OF DENTON, TEXAS Michael A. Conduff City Manager APPLICANT WINDJAMMER, LTD., a Texas limited partnership By: BOB SHELTON ENTERPRISES, LTD., a Texas limited partnership, its general partner BOB SHELTON ENTERPRISES MANAGEMENT COMPANY, LLC, a Texas limited liability company, its general partner ~Y: ~~" ..... B~_St~o~, president Address: 3300 Sundown Blvd. Denton, Texas 76210 Fax No. 940.536.I150 012295,t)0010:832454.04 EXHIBIT "A" LEGAL DESCRIPTION FOR SIGN AT UNICORN LAKE BOULEVARD & STATE SCHOOL ROAD BEING A 0.023 ACRE TRACT OF LAND SITUATED IN THE (M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 950, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING PART OF A CALLED 2,631 ACRE TRACT OF LAND, CONVEYED AS TRACT TWO TO THE CITY OF DENTON BY DEED RECORDED IN COUNTY CLERK'S FILE NO. 2004-56699, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS. SAID 0.0~3 ACRE TRACT, WITH REFERENCE BEARING BEING THE SOUTH LINE OF SECTION ONE, BRIER CLIFF ESTATES ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS AS RECORDED IN CABINET 6, PAGE 45, PLAT RECORDS, DENTON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING THE NORTHEAST CORNER OF AFORESAID 2.631 ACRE TRACT AND BEING THE SOUTHEAST CORNER OF A CALLED 1,354 ACRE TRACT OF LAND, CONVEYED AS TRACT THREE TO THE CITY OF DENTON BY DEED RECORDED 1N COUNTY CLERK'S FILE NO. 2004-56699, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE ALONG THE NORTH LINE OF AFORESAID 2.631 ACRE TRACT AND THE SOUTH LINE OF A AFORESAID 1.354 ACRE TRACT AND THE SOUTH LINE OF A CALLED 9.618 ACRE TRACT OF LAND, CONVEYED AS TRACT ONE TO THE CITY OF DENTON BY DEED RECORDED IN COUNTY CLERK'S FILE NO. 2004-56699, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS THE FOLLOWING COURSES AND DISTANCES: SOUTH 89 DEGREES 56 MINUTES 05 SECONDS WEST, A DISTANCE OF 141.89 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF O1 DEGREES 40 MINUTES 51 SECONDS, A RADIUS OF 914.93 FEET, AND A LONG CHORD THAT BEARS NORTH 89 DEGREES 13 MINUTES 30 SECONDS WEST, A DISTANCE OF 26.84 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 26.84 FEET, TO A POINT FOR CORNER; THENCE OVER AND ACROSS AFORESAID 2.631 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: SOUTH 01 DEGREES 36 MINUTES 55 SECONDS WEST, A DISTANCE OF 23.90 FEET TO THE POINT OF BEGINNING AND THE BEGINNING OF A NON- TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 23 DEGREES 38 MINUTES 51 SECONDS, A RADIUS OF 67.50 FEET. AND A LONG CHORD THAT BEARS SOUTH 78 DEGREES 14 MINUTES 30 SECONDS EAST. A DISTANCE OF 27,66 FEET; THENCE CONTINUING OVER AND ACROSS AFORESAID 2.631 ACRE TRACT AND ALONG THE BACK OF CURB THE FOLLOWING COURSES _.AN~_D.D!$T~ANCE~:_ ......... ALONG SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 27.86 FEET, TO A POINT FOR CORNER AND THE BEGINNING OF A COMPOUND CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF t32 DEGREES 42 MINUTES 18 SECONDS, A RADIUS OF 2.00 FEET, AND A LONG CHORD THAT BEARS SOUTH 00 DEGREES 03 MINUTES 55 SECONDS EAST, A DISTANCE OF 3.66 FEET; ID:'~Slfi\U N[CORI~0I 19 I150 l"zda!~\1985 EX 12,c[oc 6/16f/004 Page I of 3 ALONG SAID COMPOUND CURVE TO THE RIGHT, AN ARC DISTANCE OF 4.63 FEET, TO A POINT FOR CORNER AND THE BEGINNING OF A COMPOUND CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 23 DEGREES 38 MnqUTES 51 SECONDS, A RADIUS OF 67.50 FEET, AND A LONG CHORD THAT BEARS SOUTH 78 DEGREES 06 MINUTES 39 SECONDS WEST, A DISTANCE OF 27.66 FEET; ALONG SAID COMPOUND CURVE TO THE RIGHT, AN ARC DISTANCE OF 27.86 FEET, TO A POINT FOR CORNER; SOUTH 89 DEGREES 56 MINUTES 05 SECONDS WEST, A DISTANCE OF 23.46 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 25 DEGREES 46 MINUTES 35 SECONDS, A RADIUS OF 67.50 FEET, AND A LONG CHORD THAT BEARS NORTH 77 DEGREES 10 MINUTES 38 SECONDS WEST, A DISTANCE OF 30.11 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 30.37 FEET, TO A POINT FOR CORNER AND THE BEGINNING OF A COMPOUND CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 132 DEGREES 50 MINUTES 50 SECONDS, A RADIUS OF 2.00 FEET, AND A LONG CHORD THAT BEARS NORTH 02 DEGREES 08 MINUTES 05 SECONDS EAST, A DISTANCE OF 3.67 FEET; ALONG SAID COMPOUND CURVE TO THE RIGHT, AN ARC DISTANCE OF 4,64 FEET, TO A POINT FOR CORNER AND THE BEGINNING OF A COMPOUND CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 21 DEGREES 57 THAT MINUTES 14 SECONDS, A RADIUS OF 67,50 FEET, AND A LONG CHORD BEARS NORTH 79 DEGREES 32 MINUTES 07 SECONDS EAST, A DISTANCE OF 25.71 FEET; ALONG SAID COMPOUND CURVE TO THE RIGHT, AN ARC DISTANCE OF 25.86 FEET, TO A POINT FOR CORNER AND THE BEGINNING OF A REVERSE CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 00 DEGREES 34 MINUTES 39 SECONDS, A RADIUS OF 392.50 FEET, AND A LONG CHORD THAT BEARS SOUTH 89 DEGREES 46 MINUTES 36 SECONDS EAST, A DISTANCE OF 3.96 FEET; ALONG SAID REVERSE CURVE TO THE LEFT, AN ARC DISTANCE OF 3.96 FEET, TO A POINT FOR CORNER; NORTH 89 DEGREES 56 MINUTES 05 SECONDS EAST, A DISTANCE OF 23.44 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.023 ACRES OF LAND, MORE OR LBSS, D:~id~U NiCORN~2198~i0 l',sdista~,l c~8~l~X 12 doc ~'16/2004 Page 2, of 3 SCALE: 1' = 60' CURVE, i CENRAL ANOLE RADIUS CHOI~O '~EARINO CHORD LENGTH ARC LENOTH C5 i32'42'18" 2.00' S ~0'05'55~ E 5.66' 4.65' C~ 25'38'51" 57.50' S '78'06'39" W 27.6~' ' ....... ~'J~6' ~6 ~32'50'50" 2.09' N'"O2.~B'05"~ 5.67' 4.64' C7 " 21'57'14" 57.5D' N 79'3Z'07" ~ 25.7~.' ....... 25.86' : LINE I BEARING ' Bi'STANCE c~ s sg.ss'oS" wi z~.~6,. 'L4 I ~ S9'5~'05" ~ I ~.~4~ ............. IZ~ , 0 o~o~ o <o~ o OALLED 9,6i8 AORES-TRACT ONE CiTY OF DENTON 0 c.c.~ z00~-s~. R.P.R.D.C.T, POINT OF COMMENOIN0 OALL~ ~ ~POINT OF CITy OF '~u ' ' c~ L3 STATE OF TEXAS (DENTON STATE SCHOOL) VOLUME 435, PAGE 12 D.R.D.C.T. ~. REFERENCE B~ING BEIN~ IH[ ~OUTH ~ NE O[ $[GIION ONE, ~RI[R CLIF[ ESTATES ADDITION, ~ AODIT[ON TO THE C~ O~ DENTON, DENTON COUN~ E HIBIT B Carter==Burgess SHEET scum ~" ~ ~o' PROPERTY EXHIBIT FOE ....... SIGN AT UNICORN ~KE BOULEVAED CARTER · BURGESS, INC, o~w~ ~f: ~ AND STATE SCHOOL ROAD CH~K~ BYI MJB IN Z~E Cl~ Or DENTON, ~ENTOH COUNt, I,\SL3\UNIC~3RN\O~I9850;[\6RA\DWG\J, gBSEXOG,IIWE Z 0 0 0 EXHIBIT 500 ~000 SCALE i'= 500' CONNECTOR ROAD/ "EXHIBIT B" (CONNECTOR ROAD) CiTY OF DENTON DENTON COtJ~TY, INC. AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: July 20, 2004 Fire Department Jon Fortune, Assistant City Manager SUBJECT: Consider adoption of an ordinance amending, repealing and replacing Ordinance No. 2002- 244 of the City of Demon, Texas, establishing fees to be charged for emergency ambulance services and standby emergency ambulance services in the City as provided for in Sec. 27- 102 of Article IV of Chapter 27 "Vehicles For Hire" of the Code of Ordinances of the City of Demon, Texas; repealing all ordinances in conflict herewith; providing a severability clause; and providing for an effective date. BACKGROUND: There are three (3) primary reasons for a change in the City's existing ordinance establishing fees to be charged for emergency ambulance services and standby ambulance services: 1. The last change of emergency ambulance fees was in 2002: Our currem emergency ambulance service fees are determined by Ordinance No. 2002- 244 (attached), which was passed by the City Council on August 6, 2002. It set a basic transportation rate of $400.00 for residems and $475.00 for non-residems of the City of Demon. It also established various charges for certain medications, disposable goods and activities and a mileage fee of nine ($9.00) dollars per mile. 2. Our costs to provide emergency medical services continue to increase: In 2003, the Fire Department responded to a total of 8,504 emergency calls for assistance. Of those, 6,354 were emergency medical service (EMS) calls. This statistic shows that 74.7% of the Fire Department's business in 2003 was EMS. Over the past ten years, EMS responses have consistently averaged over 70% of total emergency responses. The City's four (4) from line ambulances respond to all EMS calls as well as some fires. In addition to an ambulance, a fire engine responds to those medical calls from the nearest fire station. The first fiscal year (FY 2001/2002) that this ordinance became effective the Fire Departmem's budget was $11,998,011. However, our existing budget (FY 2003/2004) is now $13,675,659. Since the last ordinance was adopted in 2002, our budget has increased by 14% percem. The budget for next fiscal year will cominue this upward trend. While our costs have increased substantially, our charges for our emergency ambulance services have not increased since 2002. Page 1 of 9 Although we recover some of the costs to provide emergency medical transports, the revenue generated from the ambulance transport fees only recovers a small portion of our actual costs to provide the service. Estimated revenue in 2003/2004 for EMS ambulance transport fees is $1,050,000. Based on 74.7% of the Fire Department's budget, $10,215,717 is the cost to provide EMS to the community. Dividing the 6,354 EMS calls in 2003 by that cost equals $1,608 per EMS call. However, the City does recover $298,000 from the County contract and $103,303 from the small cities EMS interlocal agreements which help offset the City's costs by approximately $401,303. The net EMS cost recovery is therefore about $1,401,303 amounting to only a 14.2% recovery of the EMS costs ($1,451,303 divided by $10,215,717) to provide EMS to the community. 3. Remain competitive with other area emergency medical services providers: Attached to this report is a current survey of area EMS providers and the fees they now charge. The City of Highland Village conducted this survey in June of 2004. Many of the agencies surveyed indicated they would increase their fees as part of their FY2004/2005 budget process. Our three closest fire department ambulance providers currently average more than our proposed increases of $475 for residents and $600 for non-residents. Provider Resident Non-Resident Transport Charge Transport Charge Argyle (ALS) $550 $550 Lake Cities $500 $700 Lewisville $490 $612 Average $513 $621 Dentoh (proposed) $475 $600 PROPOSED ORDINANCE: 1. Maintain our Present Health Care Finance Administration Methodology #4. The Health Care Finance Administration (HCFA) establishes the limits on charges that will be paid out by Medicare which ultimately results in what rates insurance companies will pay out for emergency ambulance services. The HCFA uses four methods of billing for emergency ambulance services. The HCFA mandates that all emergency ambulance providers state formally which method they will use and the providers must then use only that method. HCFA Method 1: This method is a simple, all inclusive charge, reflecting all services, supplies and mileage using one code. HCFA Method 2: This method is one charge, reflecting all services and supplies, with separate charge for mileage. Page 2 of 9 o o HCFA Method 3: This method is one charge for all services and mileage, with a separate charge for supplies. HCFA Method 4: This method uses separate charges for services, mileage and supplies. This is the current and preferable HCFA method used by the City of Denton. Increase Resident Basic Transport Fee to $475.00. The proposal is to raise the current Resident Basic Transport Fee from $400.00 to $475.00. As shown previously, emergency ambulance services cost more than the amoum recovered. Increase Non-Resident Basic Transport Fee to $600.00. The proposal is to raise the current Non-Resident Basic Transport Fee from $475.00 to $600.00. Since emergency ambulance services cost more than the amoum recovered, City of Demon taxpayers subsidize this valuable public safety service. This fee charges non-residems, or non-taxpayers in the city of Demon, a slightly higher fee than someone who is already paying taxes for quality emergency medical services. The survey of other emergency ambulance providers shows that charging non-residents a higher fee is a common occurrence. Maintain the current $9.00 per mile fee in Ordinance 2002-244. This mileage fee is based on the cost of the vehicle and the fuel and maimenance costs to the ambulances. The mileage is figured from the scene of the emergency to the receiving hospital. Each from line ambulance curremly averages about 40,000 miles per year. Ambulances average about 8 miles per gallon fuel use. A new ambulance costs $125,000 along with $50,000 worth of specialized equipmem. At 40,000 miles per year, the useful service life of the City's ambulances extends to only three (3) years. This mileage charge helps recover the costs of operating our ambulances and the excessive wear and tear caused by responding to over 6,354 medical emergencies per year. Maintain charging $100.00 for non-transport when an IV is administered and $200.00 for non-transport when an IV and one (1) medication and treatment are administered as in Ordinance 2002-244. In addition to recovering personnel and ambulance costs, this fee helps recover some of our costs for disposable goods and drugs. A good example is a patiem with an emergency diabetic condition who has an IV set up and then the patient feels better and refuses transport. The city provides on-scene services to approximately five (5) diabetic patients per month that require drugs be administered, but the patient does not usually want or require a transport. Another example would be an accident causing trauma where firefighter/paramedics render substamial aid and administer medications Page 3 of 9 and use supplies and the victim is transported via helicopter to a trauma center in Dallas or Ft. Worth. 6. Maintain the current "additional fees" in Ordinance 2002-244: Bandaging/splinting - $45 Cardiac monitoring - $45 Cardioversion - $45 CPR- $80 Defibrillation - $45 12-lead EKG - $45 Glucometer - $20 Pacing - $45 Carrying a patient downstairs - $50. o Maintain billing for medical supplies and medications at 20% over the cost paid by the City as currently set in Ordinance 2002-244: The ordinance continues to allow us to base our bill for medical supplies and medications on what the City actually pays plus 20% to recover the warehouse fee and our handling and stocking expenses. This allows a much more accurate and fair billing system. o Maintain charging a Standby Charge for special events of $100.00 per hour with a four (4) hour minimum as set in Ordinance 2002-244. Time must be spent checking out the ambulance prior to the event, driving to and from the event and then cleaning the ambulance after the event. This charge is for the standby of the ambulance only. If an emergency happens at the event and a patient is transported, all other charges that are incurred by the patient are billed according to the ordinance. OPTIONS Approve ordinance amendment or deny ordinance amendment. RECOMMENDATION Staff recommends the approval of the proposed ordinance to become effective immediately upon its passage and approval. FISCAL INFORMATION: This new ordinance will enable the City to recover a greater portion of the actual costs of providing emergency ambulance services and increase our expected revenues. Based on the proposed increases, the estimated revenue for the next fiscal year will increase to $1,206,290 rather than the current projection of $1,070,000. Page 4 of 9 Respectfully Submitted: Ross Chadwick Fire Chief Attachments: Existing Ordinance 2002-244 Emergency Ambulance Service Provider Survey Proposed Ordinance Page 5 of 9 AN ORDINANCE AMENDING, P~PEAI,.,ING AND REPLAC~G ORDINANCE NO. 2000- 214 OF THE CITY OF DENTON, TEXAS, ESTABLISHING FEES TO BE CH?d~GED FOP. EMERGENCY AMBULANCE SERVICES AND STANDBY EMERGENCY AivIBULAMCE SERVICES IN THE CITY AS PROVIDED FOR IN SEC. 27-102 OF ARTICLE IV OF CHAPTER 27 "VEtIICLES FOR HIFtE" OF THE CODE OF ORD~IANCES OF THE CITY OF DENTON, TEXAS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVEP~)~BILiTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS~ the City of Denton: has analyzed and studied its fees for emergency ambulance services; and WHEreAS tl~e City of Denlon should operate a cost~eftlsctive and efficient emergency medical service; and WHEREAS the City of Denton desires to maintain its Health Care Fnance Administration (HCFA) Method #4; NOW, THEREFOi~!., TItE COLJNCI OF THE (.,ii ,. OF DENTON HEREBY' ORDAINS: SEC. TION 1. That Ordinance No. 2000-14, enacted by the City Council on June 20, 200(/, is hereby amended, repealed and replaced by hereby apNoving and establishing the following fees for emergency ambulance services in the City pursuant to Sec. 2%!02 of the Code of' Ordinances as follows: A basic transportation fee of Four Hnndred Dollars ($400.00) will bs charged each patient who is a resident of the City of Demon transported fi:om the, scene of an emergency to an appropriate medical care fadlity. In addition, a fee of Nine Dollars ($9.00) per mile fi-om the inddent location to the receiving hospital wilt be charged. A basic transportation fee of Fm:~r Hnndred SeventpFiv¢ Dollars ($475.00)will be charged each patism who is a non-resident of the City of Denton transported from the scene of an emergency io an approNSatc medical care facility. In addition, a fs~ of Nine Dollars ($%00) per mi~e from the incident location to the receiving hospital will bo charged. A $100.00 care delivered fee will be charged for calls requNng administration of m~ intravenous solution (tV) and/or one (I) medication without transport to a medical f:hcility. A $200.00 ca:re delivered fee will be charged fbr cal~s requiring administration of an intravenous solution (IV) and one (1)medication, plus one or more treatments including, Page 6 of 9 but not limited to; specialized airways, chest decompression, and/or additional medications without transport to a medical facility. Additional ~bes, if incu~ed, shall be charged as follows: a. $45.00 fee for bandaging,."splinting. $45,0() fee for cardiac monitoring. $45.00 fee for card oversion d. $80.00 fee for administering Cardio Pulmonary Resuscitation (CPR). $45.00 t:k.e for defibrillation. $.45.00 :fee for diagnostic 12-1ead EKG. $20,00 fee tbr glucometer, blood sugar. $45.00 ~e for pacing, non-in~asive. $50.00 f'ee forCall'" '?", lnx,c~l a patient down stairs. Fees fl0r additional supplies, medications and/or disposable; goods administered to each patient will be charged and billed at twenty percent (20%) over the cost charged to Denton Fire Departn'lent for said supplies. k. Fees. for additional supplies, medications a~d/or disposable goods administered to each patient who reff~ses transport or is transpoNed by means other than a City of Denton ambulance wiI1 be charged and billed at twenty percent (20%) over the cost charged to the Denton Fire Department fbr said supplies. 1. A fee of $25.00 will be charged for each medical records request made by attorneys' offices or other agency which requires an affidaviL SECTION 2. That the City shall charge an Emergency Ambulance Standby fee of One Hundred Dollars ($100.00) per hour with a four (4) hour minimum ibr tl~e use of any City of Denton emergency ambulance :for standby at. special events such as football games, rodeos, concerts, etc. If any patient is transposed, the other fees in the ordinance shall be charged, to the patient, as inctiged, SECTION 3. That a copy o£this schedule of fees and charges shall be maintained on file in the office of'the City Se~reta~v. Page 2 of 2 Page 7 of 9 SECTION 4, That all ordinance or parts of ordinance in force when the provisions of this ordinance become effective which am inconsistent or in conflict wi~h the temps or provisions contained in this ordinance are tmreby repealed to tim extent of any such convict, SECTION 5. That if any scction, subsection, paragraph~ sentence~ clause, phrase, or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holdin~ shall not afY~ct the validity of the remain,inS portions of this ordinance~ the City Council of thc City of Denton, Texas, hereby declares that they would have enacted erich remainin$ portions despite any such invalidity. SECTION 6. That this ordinance shall become effective immediatdy upon its passage and approval. PASSED AND APPROVED this the day of ~ ,20(t2, EULRsVE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY Page 3 of 3 Page 8 of 9 AMBULANCE SURVEY Conducted by Highland Village June 2004 City Resident Non- Mileage Itemize Additional Notes Resident Allen $330 $396 $7.00 Yes Non transport charge if use over $55 worth of supplies Argyle $550 $550 $7.50 No BLS=$250, ALS 1=$350 Bedford $425 $500 $5.50 No Charge $100 for treatment with no transport Carrollton $420 $420 $6.00 Yes Level 1=$320, 2=$380, 3=$420 Colleyville $400 $500 $5.50 No Charge $100 for treatment with no transport Coppell $350 $500 No No Flat fee only Dent°n $400 $475 $9i00 ~e§ Cha~ge $100 fo~ treatment with no transpo[t Euless $525 $625 Yes Flower $250 $350 No Yes Going up to $550 and Mound $650 in July Irving $550 $650 Lake Cities $500 $700 No Yes Lewisville $490.32 $612.90 No Yes Charge $50 for treatment with no transport N. Richland $310 $420 $5.00 No Hills Piano $330 $396 $7.00 Yes Richardson $350 $400 $5.47 Yes Charge $100 for treatment with no transport Roanoke $250 $650 $1.00 No Page 9 of 9 S:\Our Documcms\Ordinanccs\04~ambulancc service l~cs.doc ORDINANCE NO. AN ORDINANCE AMENDING, REPEALING AND REPLACING ORDINANCE NO. 2002- 244 OF THE CITY OF DENTON, TEXAS, ESTABLISHING FEES TO BE CHARGED FOR EMERGENCY AMBULANCE SERVICES AND STANDBY EMERGENCY AMBULANCE SERVICES IN THE CITY AS PROVIDED FOR IN SEC. 27-102 OF ARTICLE IV OF CHAPTER 27 "VEHICLES FOR HIRE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABiLiTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of DeNon has analyzed and studied its fees for emergency ambulance services; and WHEREAS, the City of Denton should operate a cost-effective and efficient emergency medical service; and WHEREAS, the City of Denton desires to maintain its Health Care Finance Administration (HCFA) Method #4; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Ordinance No. 2002-244, enacted by the City Council on August, 2002, is hereby amended, repealed and replaced by hereby approving and establishing the following fees for emergency ambulance services in the City pursuam to Sec. 27-102 of the Code of Ordinances as follows: A basic transportation fee of Four Hundred Seventy Five Dollars ($475.00) will be charged each patient who is a resident of the City of Denton transported from the scene of an emergency to an appropriate medical care facility, in addition, a fee of Nine Dollars ($9.00) per mile from the incidem location to the receiving hospital will be charged. A basic transportation fee of Six Hundred Dollars ($600.00) will be charged each patiem who is a non-resident of the City of Denton transported from the scene of an emergency to an appropriate medical care facility, in addition, a fee of Nine Dollars ($9.00) per mile from the incident location to the receiving hospital will be charged. o A $100.00 care delivered fee will be charged for calls requiring administration of an imravenous solution (iV) or one (1) medication without transport to a medical facility. A $200.00 care delivered fee will be charged for calls requiring administration of an imravenous solution (iV) and one (1) medication, plus one or more treatmems including, but not limited to, specialized airways, chest decompression, and/or additional medications without transport to a medical facility. S:\Our Documcms\Ordinanccs\04~ambulancc service l~cs.doc 5. Additional fees, if incurred, shall be charged as follows: a. $45.00 fee for bandaging/spliming. b. $45.00 fee for cardiac monitoring. c. $45.00 fee for cardioversion. d. $80.00 fee for administering Cardio Pulmonary Resuscitation (CPR). e. $45.00 fee for defibrillation. f. $45.00 fee for diagnostic 12-lead EKG. g. $20.00 fee for glucometer, blood sugar. h. $45.00 fee for pacing, non-invasive. i. $50.00 fee for carrying a patiem down stairs. Fees for additional supplies, medications and/or disposable goods administered to each patiem will be charged and billed at twenty percem (20%) over the cost charged to Denton Fire Department for said supplies. Fees for additional supplies, medications and/or disposable goods administered to each patient who refuses transport or is transported by means other than a City of DeNon ambulance will be charged and billed at twenty percem (20%) over the cost charged to the Denton Fire Department for said supplies. 1. A fee of $25.00 will be charged for each medical records request made by attorneys' offices or other agency which requires an affidavit. SECTION 2. That the City shall charge an Emergency Ambulance Standby fee of One Hundred Dollars ($100.00) per hour with a four (4) hour minimum for the use of any City of Denton emergency ambulance for standby at special events such as football games, rodeos, concerts, etc. If any patient is transported, the other fees in the ordinance shall be charged, to the patient, as incurred. SECTION 3. That a copy of this schedule of fees and charges shall be maimained on file in the office of the City Secretary. SECTION 4. That all ordinance or parts of ordinance in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. Page 2 of 3 S:\Our Documcms\Ordinanccs\04~ambulancc service l~cs.doc SECTION 5. That if any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, the City Council of the City of Demon, Texas, hereby declares that they would have enacted such remaining portions despite any such invalidity. SECTION 6. 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: Page 3 of 3 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: July 20, 2004 Police Jon Fortune, AssistaN City Manager SUBJECT: Consider adoption of an ordinance of the City of DeNon, Texas amending Chapter 16 relating to licenses, permits and business regulations by changing the definition of soliciting in Article iii titled Solicitors and Itinerant Merchants; providing a severability clause; a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. BACKGROUND: Section 16-72 of the Code of Ordinances defines "soliciting" as "selling or attempting to sell goods or services or to take or attempt to take orders for services or goods to be performed or furnished in the future." Over the past several months, staff has received numerous complains about individuals soliciting money from citizens, especially around the Downtown Square and the Fry Street area. In some cases, these individuals have become overly zealous in their requests and those solicited have reported feeling threatened or intimidated by their actions. However, the current ordinance cannot be applied to individuals soliciting money and there are no other laws or ordinance that regulate such activities. The proposed ordinance revision mirrors an ordinance receNly passed by the City of Dallas. It expands the definition of soliciting to include a person who, either orally or in writing, asks for a ride, employmeN, goods, services, financial aid, monetary gifts, or any article representing monetary value, for any purpose in any public place. It also expressly excludes requesting a ride, employmeN, goods, services, or financial aid from a friend or relative. Additionally, the curreN ordinance does not address individuals who may set up in a public place to give something away. For example, police officers attempting to address itineraN vendors along Loop 288 at 1-35 receNly encouNered individuals giving away puppies along Loop 288 at 1-35. The new definition also includes a person who distributes without remuneration goods, services, or publications. The proposed ordinance also adds a definition for "solicitor" and includes "solicitor" and "soliciting" in all applicable sections of Article iii. The definition of "itinerant merchant" in the current ordinance includes a person who sets up and operates a temporary business within a building of another business. It was never the intent to regulate temporary businesses that were fully enclosed within the building of another business, such as kiosks at the Golden Triangle Mall. Therefore, the proposed revision explicitly excludes those individuals. Individuals soliciting employment at the Day Labor Site are expressly exempted from the provisions of Article iii. The Site was designed with a circle drive so that employers could turn into the site and pick up laborers without blocking traffic on the street and without the risk of a laborer being struck by a passing vehicle. However, a majority of the day laborers do not solicit employment from the area inside the Day Labor Site. They routinely stand along the curb adjacent to Ft. Worth Drive and West Collins Street and approach vehicles in the roadway. This creates a hazard for both the day laborers and the drivers of motor vehicles that pass that location. The change in the definition of soliciting allows for the regulation of individuals soliciting employment. The proposed revision includes the addition of a definition of the Day Labor Site that will require the laborers to solicit employment at least fifty feet from the intersection of the driveway entrance and West Collins and at least 20 feet from the curb of any adjacent streets. That revision should provide a safer environment for motorists and day laborers and assist in ensuring that the Site is used as designed. OPTIONS 1. The City Council can approve the proposed ordinance. 2. The City Council can choose not to approve the proposed ordinance. RECOMMENDATION Staff recommends approval of the ordinance. PRIOR ACTION/REVIEW: None FISCAL IMPACT: None. Prepared by: Respectfully submitted, Charles Wiley Chief of Police Joanie Housewright Captain Operations Bureau ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 16 RELATING TO LICENSES, PERMITS AND BUSINESS REGULATIONS BY CHANGING THE DEFINITION OF SOLICITING IN ARTICLE III TITLED SOLICITORS AND ITINERANT MERCHANTS; PROVIDING A SEVERABILITY CLAUSE; A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Chapter 16 "Licenses, Permits and Business Regulations" of the Code of Ordinances of Denton, Texas is hereby amended by changing the definition of "itinerant merchant" and "soliciting" and by adding a definition for "Day Labor Site" and "Solicitor" in Section 16-72 which shall read as follows: Sec. 16-72. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Agricultural Vendor means an individual engaged in selling only products which are planted and or naturally harvested including fruits, vegetables, plants, trees, nuts or honey. Conviction means a conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned. Day Labor Site means a designated portion of the property located at 221 W. Collins Street where soliciting employment is allowed without a permit. The Day Labor Site shall not include any area within fifty feet of the intersection of the Day Labor Site driveway entrance and West Collins Street. Nor shall the Day Labor Site include any area within twenty feet of any curb-line of the city streets adjacent to the property at 221 W. Collins Street. Additionally, if any fencing, shrubbery, or other physical barrier is added to the property at 221 W. Collins Street, then the Day Labor Site shall only include the area of the property inside of the physical barrier. Goods or merchandise means any personal property of any nature whatsoever, except printed material. Handbill means any printed or written matter, any sample or device, circular, flyer, leaflet, pamphlet, paper, booklet, or any other printed matter of literature which is not delivered by United States mail, including, but not limited to, those which: (a) Advertise for sale any merchandise, product, commodity, or thing; (b) Direct attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or (c) Direct attention to or advertise any meeting, theatrical performance, exhibition, or event of any kind for which an admission fee is charged for the sole purpose of private gain or profit. Handbill distributor means and includes any person engaging or engaged in the business for hire or gain of distributing handbills, other than newspapers distributed to subscribers thereof, and any person receiving compensation directly or indirectly for the distribution of such handbills. Handbill sponsor means and includes any person, firm or corporation who utilizes handbills as a medium of advertising or spreading a message. Home solicitation transaction means a transaction or the purchase of goods or services, payable in installments or cash, in which the home solicitor engages in a personal solicitation of a sale to a person at a residence. A home solicitation transaction shall not include a sale made pursuant to a preexisting retail charge agreement or a sale made pursuant to prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale or a sale of realty, in which transaction the purchaser is represented by a licensed attorney or in which the transaction is being negotiated by a licensed real estate broker. Home solicitor means a person who goes from house to house or from place to place soliciting, selling or taking orders for or offering to sell or take orders for any goods, merchandise or services, this includes distribution of handbills left at any residence. Itinerant merchant means a person who sets up and operates a temporary business within the premises of another business or location in the city soliciting, selling or taking orders for or offering to sell or take orders for any goods or services. An itinerant merchant does not include a person who operates a temporary business completely within a building of an existing business with the express permission of the owner or operator of that business or building. Multiunit complex means two or more dwellings in one or more buildings that are: (a) under common ownership; (b) managed by the same owner, agent, or management company; and (c) located on the same lot or tract or adjacent lots or tracts of land. Police chief means the chief of police or his designee of the city. Residence means any separate living unit occupied for residential purposes by one (1) or more persons, contained within any type of building or structure. Page 2 of 4 Soliciting means any conduct or act whereby a person: (a) either orally or in writing, asks for a ride, employment, goods, services, financial aid, monetary gifts, or any article representing monetary value, for any purpose in any public place; (b) either orally or in writing, sells or offers for sale goods, services, or publications; (c) distributes without remuneration goods or services. Soliciting does not include requesting a ride, employment, goods, services, or financial aid from a friend or relative. Solicitor means a person who engages in soliciting. SECTION 2. That Chapter 16 "Licenses, Permits and Business Regulations" of the Code of Ordinances of Denton, Texas is hereby amended by adding subsection (e) to Section 16-74 which shall read as follows: Sec. 16-74. Prohibited conduct. It shall be unlawful for a person engaged in soliciting under this article to: (a) Misrepresent the purpose of the solicitation; (b) Continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to make a purchase from that solicitor; (c) Represent the issuance of any permit under this article as an endorsement or recommendation of the solicitation. (d) Fail to carry a valid driver's license or identification card issued by the State of Texas or the State in which the defendant resides. (e) Solicit operators or passengers in or on a motor vehicle on any public street. SECTION 3. That Chapter 16 "Licenses, Permits and Business Regulations" of the Code of Ordinances of Denton, Texas is hereby amended by adding "solicitor" to Section 16-91 which shall read as follows: Sec. 16-91. Required. It shall be unlawful for any itinerant merchant, handbill distributor, solicitor or home solicitor to sell, display or offer for sale any goods or services or distribute handbills within the city without first obtaining a permit from the city. If the solicitation is for charitable, religious or educational purposes, these solicitations shall be governed by Sections 25-5, 25-5.1, and 25-5.2. Page 3 of 4 SECTION 4. That Chapter 16 "Licenses, Permits and Business Regulations" of the Code of Ordinances of Denton, Texas is hereby amended by adding "soliciting" to Section 16-93(a) which shall read as follows: Sec. 16-93. Application; duration renewal. (a) Any person who wishes to engage in soliciting, home solicitation, handbill distribution or any itinerant merchant who wishes to solicit within the city shall file a written application with the police chief, which application shall show the following: Secs. 16-97 - 16-125. Reserved SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 6. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not to exceed Five Hundred Dollars ($500.00). Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 7. Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 8. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the __ day of _, 2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 4 of 4 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: July 20, 2004 Parks and Recreation Department Howard Martin ~ SUBJECT Consider adoption of an ordinance of the City of DeNon, Texas approving an INerlocal cooperation agreement by and between the City of Denton, Texas and the Texas Woman's University pertaining to the use of and upgrade of Civic CeNer Park; and providing an effective date. BACKGROUND Texas Woman's University (TWU) has requested the use of the north open field area in Civic CeNer Park to hold practice for their soccer team for the 2004-05 season. The field would be available to TWU from September 1, 2004 through the end of the 2005 spring semester. Team practice would be held Monday through Friday, 3:00 - 5:00 p.m., and on Tuesday and Thursday evenings from 5:30 p.m. - 7:30 p.m., for recreational soccer and flag football. The recreational play would end in October 2004. TWU will provide and transport portable field goals. The use of the fields will not iNerfere or displace any scheduled City of DeNon events. CurreNly, this field location is not reserved or advertised for use and serves as open space for unstructured recreational activities. It is used by both youth and adult teams for practice, and is used for the annual Cinco de Mayo soccer tournament. TWU will not schedule practices that would interfere with any special evens, and understand that turf quality will decline following special evens. In return, TWU is proposing to fund improvements to the park that will add to the overall quality of the turf and improve drainage in the area. Estimated value of these improvemeNs is $15,000 +/-. OPTIONS City Council may approve the ordinance allowing TWU exclusive use of the north field in Civic Center Park for soccer practices and recreational activities, direct staff to make modifications to the INerlocal agreemeN or deny approval of the ordinance. RECOMMENDATION Staff recommends approval of this ordinance. ESTIMATED PROJECT SCHEDULE TWU will be allowed to use the field for practice and recreational purposes on September 1, 2004. PRIOR ACTION/REVIEW None. FISCAL INFORMATION TWU will provide paymem totaling $15,000 +/- to the City of Demon for materials needed to complete the field improvements. EXHIBITS 1. Ordinance 2. Interlocal Cooperation Agreement 3. Map of Civic Cemer Park Respectfully submitted: Janet Simpson, Director Parks and Recreation Department ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE TEXAS WOMAN'S UNIVERSITY PERTAINING TO THE USE OF AND UPGRADE OF CIVIC CENTER PARK; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby approves an Imerlocal Cooperation Agreemem between the City of DeNon, Texas and Texas Woman's University pertaining to the use of and upgrade to Civic Center Park, substantially in accordance with the Interlocal Cooperation Agreement which is attached hereto and incorporated herein by reference (the "Agreemem"). The Mayor, or the Mayor Pro Tem, is authorized to execute the Agreemem on behalf of the City. The City Manager, or his designee, is authorized to carry out the City's rights and duties under the Agreement. Any prior actions of the City taken pursuant to the Agreement are hereby ratified. SECTION2. 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: EXHIBIT INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is made and entered into by and between the CITY OF DENTON, TEXAS, a Texas Municipal Corporation (hereinafter the "CITY") and TEXAS WOMAN'S UNIVERSITY, Denton, Texas (hereinafter "TWU"), each organized and existing under the laws of the State of Texas, each acting by and through and under the authority of their respective goveming bodies and officials in accordance with §791.011(d)(1) of the Texas Government Code; and WHEREAS, the CITY is a local governmental entity within the provisions of §791.011(a) of the Texas Government Code; and TWU may enter into an interlocal cooperation agreement pursuant to the authority contained in §771.002(1)(B) and §791.011(b)(1) of the Texas Government Code; and the CITY and TWU are governmental entities organized under the laws of the State of Texas, both of whom have the authority to perform the services set forth in this Agreement, individually, and who mutually desire to enter into an interlocal cooperation agreement, as provided for in Chapter 791 of the Texas Government Code; and WHEREAS, the CITY and TWU have entered into this Agreement to provide for TWU's use of open space at Civic Center Park for a practice soccer field in exchange for TWU providing permanent improvements to Civic Center Park; and WHEREAS, there is a valid governmental purpose served by this Agreement by the CITY and TWU to provide for the use of and upgrade to facilities at Civic Center Park; and WHEREAS, the CITY and TWU agree that any compensation made in connection with governmental functions provided for by this Agreement shall be made from current revenues available to the paying party in accordance with the provisions of 8791.011(d)(3) of the Texas Government Code; that the purpose, terms, rights, and duties of the respective contracting parties shall be stated in the Agreement in accordance with the provisions of §791.011(d)(2); and that any compensation made pursuant to this Agreement fairly compensate the performing party for the services or functions performed, in accordance with the provisions of §791.011(e) of the Texas Government Code; and NOW THEREFORE, the CITY and TWU, for and in consideration of the premises and the mutual covenants set forth in this Interlocal Cooperation Agreement, and pursuant to the authority granted by the governing bodies of each of the parties hereto, in accordance with §791.011(d)(1) of the Texas Government Code, do hereby agree as follows: ARTICLE I INCORPORATION OF PREAMBLES All matters and recitations stated in the Preamble to this Agreement are true and correct and are hereby incorporated by reference into the provisions of this Agreement for all purposes. ARTICLE II PURPOSE OF AGREEMENT The purpose of this Agreement, is as designated in the preamble, to evidence the agreement of the CITY and TWU to provide for the use and upgrade of facilities at Civic Center Park and other related services for the term of the Agreement. ARTICLE Ill TERM OF AGREEMENT This Agreement shall be effective as of the Effective Date as provided below and shall continue in force and effect through May 31, 2006. The parties may each elect to terminate this Agreement, as permitted under the provisions of Article IV hereunder. ARTICLE IV TERMINATION OF AGREEMENT This Agreement terminates upon the first to occur of the following events: A. By mutual written agreement of the CITY and TWU; or B. May 31, 2006; or C. By either party, if a party defaults or breaches any of the terms or conditions of this Agreement and such default or breach is not cured within sixty (60) days after written notice by the non-defaulting party to the defaulting party. ARTICLE V UNDERTAKING OF THE CITY The undertaking of the CITY for the term of this Agreement, is as follows: CITY shall allow TWU to use an open space area for soccer practice at Civic Center Park more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Practice Soccer Field"). TWU's use of the Practice Soccer Field is non-exclusive except that its use for its intercollegiate soccer program shall have priority over all Other uses. TWU and the CITY shall prepare a schedule as to dates and times of such priority use, subject to the following criteria: 1. Practice times and scrimmage game schedules will be coordinated between TWU Head Soccer Coach (the "Soccer Coach") and the City's Park and Recreation Director, or her designee (the "City Representative"). 2. Practice schedules will be provided to the City Representative at least 1 month in advance and approved by the City Representative no later than 14 days thereafter. Any changes in Page 2 practice schedules must be submitted to the City Representative within a reasonable time prior to the scheduled practice or scrimmage game. 3. TWU recreational soccer games and flag football games will be scheduled between the Assistant Director of Wellness/Campus Recreation and the City Representative. 4. During the term of this Agreement, the City has the responsibility for maintenance of the soccer field so that it will be appropriate and safe for the proposed recreational purposes, reasonable wear and tear from TWU use excepted. ARTICLE VI UNDERTAKING OF TWU The undertaking of TWU for the term of this Agreement, is as follows: A. TWU agrees to construct or install the following upgrades and amenities to the Practice Soccer Field (the "Upgrades"): Provide for the cost of topsoil to grade the field in such a way to provide positive drainage for the area. Provide for the cost of irrigation materials to irrigate the field. Provide for the cost of grass seed and/or sod to establish turf on the field. B. TWU agrees to cooperate and provide information to the CITY upon request by the CITY regarding the Upgrade activities described above. C. TWU agrees to not sell any concessions or collect admission fees related to any activities held in Civic Center Park. TWU is responsible for providing soccer goals and any other equipment needed to conduct practices or recreational activities at Civic Center Park. TWU agrees not to use any amplified sound while using the field at Civic Center Park. ARTICLE VII FORCE MAJEURE Events of Force Majeure shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, government or de facto government action (unless caused by acts or omission of the party), fires, explosions, rain or other weather delays, floods, strikes, slowdowns or work stoppages. ARTICLE vm HOLD HARMLESS Only to the extent allowed by the Constitution and statutes of the State of Texas, and without waiving any immunity or limitation as to liability, TWU agrees to and shall indemnify and hold harmless the CITY, its officials, officers, agents, employees, or attorneys from and Page 3 against any and all claims, losses, damages, causes of action, suits, and liabilities of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury or death of any person, or for damages to any property; real, personal, or intellectual, arising out of or in connection with the subject of this Agreement, where the injury or death or damage is caused by the negligence of TWU, it's officials, officers, agents, employees, or attorneys, except that TWU assumes no liability for the sole negligent acts of CITY, its officials, officers, agents, employees, or attorneys. Only to the extent allowed by the Constitution and statues of the State of Texas, and without waiving any immunity or limitation to liability, the CITY agrees to and shall indemnify and hold harmless TWU, its officials, officers, agents, employees, or attorneys from and against any and all claims, losses, damages, causes of action, suits, and liabilities of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury or death of any person, or for damages to any property; real, personal, or intellectual, arising out of or in connection with the subject of the Agreement, where the injury or death or damage is caused by the negligence of CITY, its officials, officers, agents, employees, or attomeys; except that the CITY assumes no liability for the sole negligent acts of TWU, its officials, officers, agents, employees, or attorneys. ARTICLE IX GOOD FAITH NEGOTIATION AND DISPUTE RESOLUTION If other needs or requests arise that are related to this Agreement that are not specifically set forth herein, the TWU Dkector of Athletics and the City Representative shall meet to find all reasonable solutions to address such needs or requests. 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 X AS SIGNABILITY/CONSENT Except as otherwise provided herein, or except as may be hereafter determined by the parties, no party to this Agreement may sell, assign, or transfer its interest in this Agreement, or any of its right, duties, or obligations hereunder, without the prior written consent of the other party. However, whenever the consent or the approval of a party is required herein, such party shall not unreasonably withhold, delay, or deny such consent or approval. ARTICLE XI NOTICE 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: Page 4 CITY: Parks and Recreation Director City of Denton, Texas Civic Center 321 E. McKinney Denton, Texas 76201 Fax No. 940.349.8384 TWU Director of Athletics Texas Woman's University P.O. Box 425349 Denton, Texas 76204 Fax No. 940.898.2372 Notice shall be deemed to have been received on the date of receipt as shown on the return receipt or other evidence of receipt. ARTICLE XII 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 XIII SAVINGS/SEVERAB[LITY In the event that any one or more of the provisions hereof contained in this Agreement shall for any reason beheld to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect the other provisions, and the Agreement shall be constructed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. ARTICLE XIV GOVERNING LAW AND VENUE This Agreement shall be construed under and governed by, and in accordance with the laws of the State of Texas, and all obligations of the parties hereto, created by this Agreement are performable in Denton County, Texas. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. ARTICLE XV Page 5 ENTreE AGREEMENT This Agreement and any exhibits which may be attached hereto, constitutes the entire agreement among the parties hereto with respect to the subject matter hereof, and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter of this Agreement. No amendment, modification, cancellation or alteration of the terms of this Agreement shall be binding on any party hereto unless the same is in writing, dated subsequent to the date hereof, and is duly authorized and executed by the parties hereto. ARTICLE XVI WAIVER OF TERMS AND CONDITIONS The failure of either party to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. ARTICLE XVII AUTHORITY OF PARTIES This Agreement is made by and entered into by the duly authorized officials of each respective governmental entry. ARTICLE XVIII CAPTIONS The captions contained in this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. ARTICLE XIX COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and constitute one and the same instrument. IN WITNESS WHEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly-authorized and empowered Mayor; and the Texas Woman's University has caused this Agreement to be executed by its duly-authorized and empowered Officer to be effective as of the ~ day of ,2004 (the "Effective Date"). CITY OF DENTON, TEXAS By: EULINE BROCK, MAYOR Page 6 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY TEXAS WOMAN'S UNIVERSITY DR. BRENDA FLOYD, FINANCE AND ADMINISTRATION Page 7 Exhibit A Proposed TWU practice Soccer Field, Civic Center Park Proposed TWU practice Soccer Field ! Civic Center Park~, i~ Womem~ Club · Sa~mming P~ol Senior Center I ibra~ Civic Center N Page 8 EXHIBIT 3 AGENDA DATE: DEPARTMENT: CM: AGENDA INFORMATION SHEET July 20, 2004 City Manager's Office Mike Conduff, City Manager SUBJECT Consider nominations/appointments to the City's boards and commissions. BACKGROUND There were several outstanding nominations remaining following the Council's meeting on July 16, 2004. Attached is a chart detailing those open nominations. Will Taylor, currently serving on the Community Development Advisory Committee and Geoff Bissel, currently serving on the Traffic Safety Commission have both declined re-nomination. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:~Agenda Items\Board-Commission vacancies.doc Board Council Nomination Member Airport Advisory Board McNeill Montgomery Community Development All Construction Advisory and Appeals Kamp Human Services Kamp McNeill Library Board Thomson Brock Traffic Safety Commission Kamp All All S:~Agenda Items\Board-Commission vacancies.doc ~ECE~VEE HANDOUT TO COUNCIL jUL t 9 211~½ ~e li~/~d o. ./h A~ ~z~, lo/ i~ ~ ~ Io~,,~/ ~1~'~ ' ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES July 12, 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, July 12, 2004, at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. PRESENT: John Baines, Bill Cheek, Yolanda Guzman, George Hopkins, Charldean Newell, Dick Smith and Don White EX OFFICIO MEMBERS Howard Martin, ACM/Utilities EXCUSED: The Public Utilities Board convened into Open Session at 9:00 a.m. CONSENT AGENDA: July 20~ 2004~ Council Agenda Item Number 4S 1) Consider approval of Bid #3172 from Powell Electrical Manufacturing Company, Houston, Texas, to provide two complete and fully functional substation bus duct replacements for DME personnel to install at the Hickory Substation in the lump-sum amount of $27,829. 2) Consider approval of a Water Main Pro-rata Reimbursc~ment Agreement between the City of Denton and Mar-Properties, Ltd. for reimbursc~nent of the costs of building a water main, through pro-rata charges paid to the city. 3) Consider approval of a Water Main Pro-rata Reimbursement Agreem~mt between the City of Denton and Quail Creek North, Ltd. for reimbursement of the costs of building a water main, through pro-rata charges paid to the city. 4) Consider approval of a Sewer Main Pro-rata Reimbursement Agreement between the City of Denton and Quail Creek North, Ltd. for reimbursement of the costs of building a sewer main, through pro-rata charges paid to the city. 5) Consider approval of a Sewer Main Pro-rata Reimbursement Agreement between the City of Denton and the Denton Independent School District for reimbursement of the costs of building a sewer main, through pro-rata charges paid to the city. Board Member George Hopkins moved to approve Consent Agenda Items #1-#5, with a second from Board Member Dick Smith. The motion was approved by a vote of 7-0. Page 1 of 1 Dear Mayor Brock and City Council, Re: Kwik cleaners Variance ~z-~a-- July 20, 2004 City Council Meeting FIRST, we are not opposed to business. Many of us are business owners in Denton. Rooftops alone can Not support a city and it's infrastructure. However, we are NOW aware that this business is NOT just a "drop off & pick up" facility. It is a dry cleaning plant. The city plan does not differentiate between the two. The Kwik Cleaners decision should be tabled until such time the city plan can define this type of service industry. The residents of Hunters Ridge do NOT feel that a dry cleaning plant should be allowed this close to homes. We are also opposed to a CURB CUT on Lillian Miller Parkway & the KWIK drive thru variance. It will increase traffic in Hunters Ridge because the customers will not be able to turn to the south upon exiting KWIK cleaners We've had landscaping destroyed, sprinklers broken & water bills of $1400.00 at one point. It is our residents that end up paying for all repairs. WE NEED YOUR HELP .... MOST OF US HAVE BEEN TAX PAYING RESIDENTS FOR 20 plus yrs .... Some residents were bom & raised here. Hunters Ridge Homeowners would not oppose a Kwik "drop off & pick up" cleaners with a drive-thru" if they would agree to use the existing curb cut off of Wind Rivcr. That way all traffic would be filtered thru the light at the intersection. Then the children would be protected by a crossing guard as they go to & from Sam Houston Elementary. Thank you, Lynn Thompson, President, Hunters Ridge Homeowners Assoc. OpposR[on of"dr~ve-thru", dryc[eaners The residents of Hunters Ridge Homeowners Association OPPOSE a "drive thru" for the purposed drycleaners at the intersectionof Hunters Ridge and Lillian Miller Parkway. It would cause a serious danger to the school childr{ that go to and from school. It would also contribute to additional congestion for our residents leaving our neighborhood. As it is, a drycleaners it's selfw be a danger to all neighborhoods because of the chemicals. We further purp~ that the owner install very large trees and extensive shrubbery in their landscaping to help hide it from its immediate neighbors. The building shoul confrere to the existing offices and it should NOT have any lighted signs on building it's self. Furthe,more, the only sign allowed should be a monument sign to retain the integrity of the surrounding neighborhoods. /e/? .//A~c :.-37 / /qto HR c 3~zo'-'77' i ~o ~ 245 PAUL H. RAWLEY 1421 HUNTER'S RIDGE CIRCLE DENTON. TEXAS 76205 F,~N (940)382-7812 E Mail: rawicypl~!yahoo.cQm June 14, 2004 TO: Lynn Thompson FROM: Paul Rawley SUBJECT: information from Denton Fire Department (REPEAT from Las! Time) The following information was obtained from Division Battalion Chief Mike Sessions &the Denton Fire Department. His phone Number is 940-349-8840. Chief Sessions checked the number of emergency runs of the EMS vehicles and Fire Engines from Station Number 6 for a period of(3} months and came up with an average figure .of 180 calls per month that the vehicles would pass through the intersections of Teasley going North on Lillian Miller Parkway. This indicates there would be traffic hazard to both the emergency vehicles and the existing cars, if a curb cut was allowed for the drive through cleaners that is proposed., Some mention needs to be made of the NO U-Turn Signs already up, thus people using the drive through cleaner from Wind River would have to come through our streets in order to go back South. Also, I guess everyone has already forgotten the two young boys killed, and the two critically injured recently at the intersection. More service businesses will just cause more traffic congestion. What is needed on that coruer are more doctor's office and/or professional businesses INDUSTRIES, INC. K~ Indus~es has recently app~ed ~ ~e Ci~ of Denton to b~d a new D~ Clean Super Cent~ at 3115 l.illian B. ~er P~y ne~ W~d ~er L~e. We ha~ requested md app~ed for a Spe~ Use Per~t ~o~h mdow for con~ence for ~mm~s of ~e D~ Clemers. T~s request for ~e ~e-~o~h ~dow ~ go before ~e Denton Planing md Zo~g Comssion on We~es~y, Ap~ 14~. Although the Dry Clean Super Center is allowed at this location, the City of Denton requires the requested S.U.P. for a drive-through window. Since the Dry Cleaners will be located in your neighborhood, we would like to extend an invitation for you and your neighbors to meet with us to discuss this proposal and to hear your views on installir~g the drive-through window. To help arrange a time to meet that would be convenient for you and your neighbors please contact me at your earliest convenience at (972) 458-9761. I look forward to meeting with you and discussing this proposal Sincerely, Kwik Industries, Inc. OIL & LUBE ]Kar Wash,{ ~(w~k SUPER CENTER PAUL H. RAWLEY 1421 HUNTER'S RIDGE CIRCLE DENTON, TEXAS 76205 July 14, 2004 TO: The Honorable Mayor and Denton City Council Members SUBJECT: Opposition to Drive through Window at Dry Cleaner Supcr Center On April 14, 2004 1 attended and spoke at the P & Z meeting on this subject. After much discussion oftbe facts and hearing thc Wind River homeowners' opposition to this matter Commissioner Joe Mulroy, now council member Mulroy, made a motion that the P& Z Committee deny this request of a Drive through Window. The motion carried 5-1. This issue Z04-0007 was put on your agenda for the April 20th City Council Meeting. Your staff spent hours of their valuable time preparing documents for your usc and the applicant failed to show ,u~p. At this time a motion was made and passed by the Council to postpone this issue to the May 4 City Council Agenda. which gave the applicant ample lime to prepare. However, as you are now aware the applicant did not show up again and sent word that he wanted the item withdrawn. In the meantime to gather support for his cause, the applicant was busy making unsolicited phone calls and leaving letters in our neighborhood mailboxes without postage which is a federal violation of the U.S. Postal Service. (See attached exhibits) On June 23'd, at the second hearing, P & Z formulated their decision on the basis of un unsigned memo (See attachments) from the President of thc Wind River HOA. I am a property owner in Wind River mid reque~ed mirages of the May 4, 2004 HOA Board Meeting. The minutes show that the President and Board met with Sid Hollingswurtlh the applicant, and endorsed this matter without uny notice or input from the majority of Wind River Homeowncrs. The Applicant's communication to members of the two homeowner's associations has led the majority of the homeowner's to think of this operation as a "drive through launchy facility" (Drop off and pick up your clothes) type business. After talldng with the apphcant, it is, in fact, to be an "on premise cleaning plant" which will have all the necessary machinery, equipment, chemicals, and cleaning detergents to operate a "Dry Cleaner Super Store." According to Kelly Carpenter, the Denton City Code, as now written, does not differentiate between a "retail drop off facility" and a "on premise dry cleaning plant." This needs to be defined, ff approved, five (5) homes in Wind River Estates will have a dry cleaning plant in their back yard where their children play. Would you as a homeowner like to have this kind of environment in your backyard? I feel that homeowner's in both Wind River and Hunter's Ridge would prefer to seca builqling that is raore in keeping with the elevations ( facades and pitched roofs) of the other buildings already constructed along Teasley Lane. A rendering of the applicants building has never been presented and the flat roof design proposed by the applicant does not conform to the existing structures in the neighborhood. As a nearby homeowner, common sense dictates that granting additional "Drive through Window" SUP's and curb cuts along Lillian Miller Parkway will further impact the already congestcd and dangerous intersection where school children are required to cross. I urge each of you to take these facts into consideration and remember thc decision at thc first P&Z meeting. Thank you for your consideration in this matter. KWik INDUSTRIES, INC. 4725 Nail Road Dallas Texas 75244 972-458-9761 · 1-800.442-$368 FAX 972-458-0948 March 30, 2004 Dear Sir or Madam: Kwik Industries has recently applied with the City of Denton to build a new Dry Clean Super Center at 3115 l.illian B. Miller Parkway near Wind River Lane. We have requested and applied for a Spedal Use Permit to allow a drive- through window for convenience for customers of the Dry Cleaners. This request for the drive-through window will go before the Denton Planning and Zoning Commission on Wednesday, April 14m. Although the Dry Clean Super Center is allowed at this location, the City of Denton requires the requested S.U.P. for a drive-through window. S'mce the Dry Cleaners will be located in your neighborhood, we would like to extend an invitation for you and your neighbors to meet with us to discuss this proposal and to hear your views on inst~llir~g the drive-through window. To help arrange a time to meet that would be convenient for you and your neighbors please contact me at your earliest convenience at (972) 458-9761. I look forward to meeting with you and discussing this proposal. Sincerely, Kwik Industries, Inc. ' o-E~,u-'~- 0 M N.O L CHAN{3E I <w k I 'LUBE &TUBE ' .I Kar Wash. WASH-IT DRY CLEAN Con& mselt TM Pag~ 41 Page 43 I COI~mlONI~MUtROY~ our next it~m is SC, I ~flo~lo~m~s~I~k~, ~ applic~t ~? 25 vails. I'm ~ a fmnc~ ~, so, y~ ~ -- ~d Pa~ 42 Pa~ ~ 5 of ~ Pl~ni~ ~ssion, my ~ 19 ~d Ho~n~w~ 5 ~s p~, I ~'t ~ as ~ ~ it w~ld aff~t it I3 hnfl~ ~, y~'H ~ iai ~'s ~ ~fi~ ~H 13 ~c ~ond l~ of opp~ifiotl is 1~8 22 undm~d~g w~h ~'~ ~ from ~ Ci~ of 22 p~ ~lum, ~Hufion ~, ~d about ~ ~ f~t PLANNING'AND ZONING APRIL 14TIt, 2004 MINUTES Page 41 - Page 44 11=56A CITY OF DENTON g403497707 P,01 PLANNING DEP.4RTMENT City Hall West ~ 221 N. Elm * Dentm~ TA' 76201 * Tel~pkone (9#t m FACSIMILE TRANSMITT/ COVER SHEET DATE: ATT]~]NTION: Paul Rolley COMPANy: FAX#: 940-352-7812 PAGES INCLUDING COVER SIII,:ET: 2 FROM; Chris Fuller PHONE #: (940) 349-7274 I)EPARTMENT: Planning Depm'tmcnt ~UBJECT: Ilea Letter Is'AX #: (940) 349-7707 34 9.41.'~gI Chds Ful!er Planner I City of Oenton ~40-R4e-7274 there ig fl problem wlIJl (ilia trannmi$lion, please call the aht)~ uUUd: Meffl~ =_RS ,! Mothers Against Drunk Driving North Texas Chapter t 1310 East ~lcKinney Street, Denton,Texas 76209 940-387-88 4 Fax 940-483-0794 Ema ntmadd@verzonnet Wichita Falls Office: 940-691-6233 Mission, To s~op drunk driving, supporl victims of this violent crime and prevent underage drinking. Testimony of Bill Lewis Public Policy Liaison Before the Denton City Council On an Ordinance to establish fees for emergency ambulance services July 20, 2004 No matter how hard law enforcement agencies and other traffic safety groups, including MADD, work to stop drunk driving, it still happens. And when it does happen, the first medical care an injured person receives is likely to arrive in an ambulance. MADD is a big supporter of top-notch emergency medical care. The proposed emergency ambulance fees seem quite reasonable and we urge the council to approve them. BOARD AND COMMISSION NOMINATIONS (Note: Nominations in red are new nominations.) Handout to CC 07/20/04 Board Council Nomination Member Airport Advisory Board Thomson Don Smith McNeill Montgomery Brock Larry Luce Animal Shelter Advisory Committee Redmon Kody MacKenna Kamp Marilyn Wells Montgomery Joella Orr Mulroy Curtis Martin Community Development Thomson LaNelle Winn Montgomery Ed Touraine Brock Sandra Benavides All Ron Aldridge (McNeill) All Construction Advisory and Appeals Kamp Larry Calvert McNeill Alan Nelson Historic Landmark Commission Kamp Randall Boyd Brock Darlene Mullenweg All Peggy Capps (Montgomery) Human Services Kamp Mary Tisher McNeill All Ted Rheault (Kamp) All Lovie Price (Kamp) Library Board Thomson Judy Deek McNeill Lorie Wolfe Brock Parks, Recreation and Beautification Kamp Chuck Smith Thomson Patrice Lyke McNeill Ged Aschenbrenner Planning and Zoning Commission Thomson DeCarlo Noble Montgomery Vicki Holt Mulroy Mary Thibodeaux Public Utilities Board Thomson Phil Gallivan S:\Boards & Comm\Nomination sheet.doc TMPA Board of Directors All George Hopkins (McNeill) Traffic Safety Commission Redmon Connie Baker Kamp Mulroy Lelia Howell All All Zoning Board of Adjustment Kamp Cliff Reding Montgomery Cecil Adkins July 20, 2004 S:~loards & Comm~Nomination sheet.doc