HomeMy WebLinkAboutApril 19, 2005 Agenda AGENDA
CITY OF DENTON CITY COUNCIL
April 19, 2005
After determining that a quorum is presem, the City Council of the City of Demon, Texas will
convene in a Work Session on Tuesday, April 19, 2005 at 4:30 p.m. in the Council Work Session
Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be
considered:
Receive a report, hold a discussion and provide staff direction regarding possible uses of
the former "Old" Central Fire Station.
Receive a report, hold a discussion and give staff direction concerning Demon's 2005
update to the Water Conservation and Drought Contingency Plan.
o
Requests for clarification of consent agenda items listed on the consent agenda for today's
City Council regular meeting of April 19, 2005.
Following the completion of the Work Session, the City Council will convene in a Closed
Meeting to consider specific items when these items are listed below under the Closed Meeting
section of this agenda. When items for consideration are not listed under the Closed Meeting
section of the agenda, the City Council will not conduct a Closed Meeting and will convene at
the time listed below for its regular or special called meeting. The City Council reserves the
right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with
Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below.
1. Closed Meeting:
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Consultation with Attorney -- Under TEXAS GOVERNMENT CODE Section
551.071
Discuss and consider legal issues concerning the Airport Oil & Gas Lease,
under Section 551.071 and Section 551.072 of the Texas Government
Code, where to discuss these legal issues concerning the above stated
matters with the attorneys in public would conflict with the duty of the
City's attorneys to the City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas and would jeopardize the
City's position in administrative proceedings or in potential litigation.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED
MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE
WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL
ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH
THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE 'PUBLIC POWER
EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED
MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET
SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA
OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS
ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS
ACT.
City of DeNon City Council Agenda
April 19, 2005
Page 2
Regular Meeting of the City of DeNon City Council on Tuesday, April 19, 2005 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
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U.S. Flag
Texas Flag
"Honor the Texas Flag - i pledge allegiance to thee, Texas, one and indivisible."
2. PROCLAMATIONS/PRESENTATIONS
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Proclamations/Awards
April Yard-of-the-Momh Awards
Recognition of staff accomplishments
3. 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 - K). 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 - K below will be approved with one motion, if
items are pulled for separate discussion, they will be considered as the first items following
approval of the Consent Agenda.
A. Consider approval of the minutes of March 22, 2005.
Bo
Consider adoption of an ordinance of the City of DeNon authorizing an
agreement between the City of Denton, Texas and Our Daily Bread to assist in
providing food supplies; providing for the expenditure of funds therefore; and
providing for an effective date.
Co
Consider adoption of an ordinance awarding a comract for the purchase of CiSCO
Network Equipment for the Emergency Operations Center for the City of Denton
Fire Department as approved by the State of Texas Building and Procurement
Commission Departmem of information Resources (DiR); providing for the
expenditure of funds therefor; and providing an effective date (File 3328 -
Purchase of CiSCO Network Equipment for Emergency Operations Center
awarded to imerNetwork Experts in the amoum of $33,015.60).
Do
Consider adoption of an ordinance approving the expenditure of funds for the
purchase of Opticom Parts for the City of Denton Traffic Control Division
available from only one source in accordance with the provision for state law
City of DeNon City Council Agenda
April 19, 2005
Page 3
exempting such purchases from requirements of competitive bids; and providing
an effective date (File 3326 - Purchase of 3M Opticom Parts awarded to
Consolidated Traffic Comrols, inc. in the estimated amoum of $50,000).
mo
Consider adoption of an ordinance accepting competitive bids and awarding a
comract for purchase of Bunker Gear and Turnout Gear for the City of DeNon
Fire Department; providing for the expenditure of funds therefor; and providing
for an effective date (Bid 3317 - Bunker Gear/Turnout Gear awarded to Casco
industries in the annual estimated amoum of $94,150).
Fo
Consider adoption of an ordinance accepting competitive bids and awarding a
comract for the purchase of two 25-yard rear load refuse truck bodies for the City
of Denton Solid Waste Department; providing for the expenditure of funds
therefor; and providing for an effective date (Bid 3322 - 25-Yard Rear Load
Refuse Truck Body awarded to Heil of Texas in the amoum of $97,750). The
Public Utilities Board recommends approval 4-0.
Go
Consider adoption of an ordinance of the City of DeNon, Texas authorizing the
City Manager to execute an agreemem for professional legal services with the law
firm of Booth, Ahrens & Werkemhin, P.C., a Texas Professional Corporation, for
legal services pertaining to numerous listed water and wastewater issues;
regulatory activities; and other related matters affecting the interests of Denton,
Texas; authorizing the expenditure of funds therefor; providing for retroactive
approval of the agreement; and providing an effective date. The Public Utilities
Board recommends approval 6-0.
Ho
Consider adoption of an ordinance amending Chapter 26 of the Code of
Ordinances of the City of DeNon, Texas by adding thereto Section 26-233 "Water
Conservation and Drought Comingency Plan"; and Section 26-234 "Criminal and
Civil Penalties"; adopting a Water Conservation and Drought Contingency Plan in
accordance with the requirements of the law; establishing criteria for the initiation
and termination of drought response stages; establishing restrictions on certain
water uses; establishing procedures for graining variances; providing a criminal
penalty not to exceed $2,000 per violation; providing a civil penalty not to exceed
$1,000 per day per violation; and charging various 20% surcharge penalties on
excessive water use; providing a savings clause; providing a severability clause;
and providing an effective date. The Public Utilities Board recommends approval
4-0.
Consider approval of a resolution establishing a standing process for City Council
appoimee performance reviews; and providing an effective date.
Jo
Consider approval of a resolution of the City of DeNon, Texas authorizing the
Public Utility Commission of Texas to set the access line rate at the new CPI-
Adjusted Maximum rate to be paid to the City by Certificated
Telecommunications Providers pursuant to Chapter 283 of the Texas Local
Governmem Code, ("HB 1777"), and providing an effective date.
City of DeNon City Council Agenda
April 19, 2005
Page 4
Ko
Consider adoption of an ordinance approving an encroachmem agreemem
between the City of Denton and Denton Area Teachers Credit Union, to allow a
monumem sign to be located within an exiting city public utility easemem along
Teasley Lane; and providing an effective date thereof.
4. PUBLIC HEARINGS
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Cominue a public hearing and consider adoption of an ordinance rezoning
approximately 19.85 acres from the Neighborhood Residemial 4 (NR-4) zoning
district to the Neighborhood Residemial Mixed Use-12 (NRMU-12) zoning
district with an overlay. The property is located on the east side of Hinkle Drive,
approximately 850 feet north of University Drive, and approximately 1,200 feet
west of Carroll Boulevard. The Planning and Zoning Commission recommends
denial (6-0). NOTE: A SUPERMAJORITY VOTE BY THE COUNCIL IS REQUIRED FOR
APPROVAL. (Z04-0009, Hinkle Addition)
5. ITEMS FOR INDIVIDUAL CONSIDERATION
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Consider approval of a resolution appoiming a special five (5) member Oversight
Committee to monitor, evaluate, and report on the progress of the five-year
Capital Improvements Program, subject to the authorization of the voters at the
Bond Election on February 5, 2005, and providing an effective date.
Bo
Receive a report, hold a discussion, and give Staff direction regarding the "Fry
Street Fair." Consider a request for an exception to the Noise Ordinance for the
purpose of a music festival, Fry Street Fair, conducted by Delta Lodge, in the area
of Fry Street and the backyard of the Delta Lodge. The event is to be on
Saturday, April 23, 2005, from 12:00 p.m. to 8:00 p.m. The exception is
specifically requested for an increase in the allowable decibels for an outdoor
music festival from 70 decibels to 75 decibels.
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Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
A. Dessie Goodson regarding responsibility.
B. Willie Hudspeth regarding concerns of Southeast Denton.
C. Jordan Hudspeth regarding concerns of Southeast Denton.
D. Lanisha Hudspeth regarding concerns of Southeast Denton.
E. Hagar Hudspeth regarding concerns of Southeast Denton.
F. Lou Lowther regarding the importance of voting in the May City
Council election for District One residents.
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New Business
This item provides a section for Council Members to suggest items for future
agendas or to request information from the City Manager.
City of Demon City Council Agenda
April 19, 2005
Page 5
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Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
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Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
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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 ,2005 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:
April 19, 2005
Fire Department
Jon Fortune, Assistant City Manager
SUBJECT:
Receive a report, hold a discussion, and give staff direction regarding possible uses of the
former "Old" Central Fire Station.
BACKGROUND:
The City of DeNon abandoned the fire station at 217 West McKinney in April of 2000 due to
the discovery of mold that prevented it from being occupied by the Fire Department. The
operational firefighters were relocated to a day care center located just to the west of the fire
station on Bolivar Street and Fire Administration was moved to a leased building at 212 West
Sycamore.
Since the Fire Department has been housed at the "New" Central Fire Station at 332 East
Hickory, the City has abated the mold and asbestos and removed the drywall off all the
interior walls at the Old Central Fire Station. Although Old Central cannot presently be used
for long-term human occupancy, the Fire Department stores many of its reserve apparatus
there and shares one bay with the Police Department to store their command trailer. Due to
the shortage of space for storage at other City facilities, Old Cemral remains the only viable
and secure facility for the protection of these valuable Public Safety resources.
An "Old Central Task Force" was formed in January of 2001 to explore the options of the
future of this facility and/or its site. Several community members and City Staff made up the
task force. It met two times and due to the all the competing interests, the task force could
not make a consensus recommendation for the best future use of the facility or site. There
were many excellent options presented by the various members of the group.
Raze the building and use the site for a much needed parking lot for the dowmown
area.
Use the facility for a rehearsal hall for the Community Theatre due to their lack of
space to provide this needed practice.
Convert the facility imo a maimenance facility for Fire Departmem equipmem and
apparatus that would also provide storage for reserve apparatus.
4. Raze the building and use the land for dowmown redevelopmem.
However, subsequent to determining the final fate of Old Central, Staff concluded that any
future plan was dependent on the remediation of the source problem that caused the mold.
Therefore, in November of 2001, Staff requested Biggs and Matthews Environmental to
perform an evaluation of the groundwater at Old Central. Several sources of excessive
moisture in the building and pavement subgrade had been suspected of causing severe
problems with the building:
· Surface water from roof downspouts
· Surface water from areas adjacent to the building
· Surface water from maintenance activities
· Leaking water lines or subsurface drains around the building
· Leaking water lines or plumbing fixtures within the building
· Groundwater moving through or perched within the shallow subsurface materials
The City improved the surface drainage, including routing downspout discharge to the storm
drains and paving areas adjacent to the building. The City also tested and evaluated repairs
of the entire plumbing system, both within and around the building. Consequently, the scope
of the requested Biggs and Matthews Environmental study was limited to the evaluation of
groundwater moving through or perched within the shallow subsurface materials. Experts
suspected that over the years groundwater had caused or contributed to the following
problems at Old Central:
· Floor slab heave
· Pavement subgrade heave and pumping
· Broken underground utility pipes
· Standing water and excessive moisture in crawl spaces
· Formation of mold and mildew
The purposes of the Biggs and Matthews Environmental study were: (1) to identify the
problems associated with the presence of shallow groundwater; (2) to evaluate potential
remedial options; and, (3) to recommend the most appropriate solution to alleviate excessive
moisture beneath the building that could be caused by shallow groundwater.
The final recommendation by Biggs and Matthews Environmental was to install a deep
interception trench system installed around the perimeter of the building. In addition, they
recommended a forced ventilation system to be installed in the crawl spaces beneath the
suspended floor slabs to prevent excessive dampness. Forced ventilation consists of electric
fans and louvered vents installed in the crawl spaces to circulate fresh air beneath the floors.
Finally, they advised that if future plans involved demolishing part or all of the existing
building and the construction of new structures, a geotechnical study should be performed to
investigate the subsurface conditions to address both the geotechnical and hydrogeologic
conditions at the site. The estimated cost to fix the underground problem as recommended
was $190,000 in November 2001.
Facilities Management developed a rough estimate if the City desired to move staff into Old
Central and reoccupy it as a City facility. It required that in addition to fixing the
underground water problem, the City needed to abate the remaining asbestos (completed),
abate the mold (completed), demo the interior walls (completed) and renovate the interior of
the building including all plumbing. On November 19, 2001, Facilities Management
provided the following estimate to remodel the entire building (16,532 square feet) bringing
it up to current codes and standards:
2
Underground water control
Asbestos abatement
Mold abatement
Design
Demo/remodel interior
New roof (10,000 square feet)
TOTAL ESTIMATED 2001 COST
$190,000
$16,000
$18,000
$80,000
$826,600
$65,000
$1,195,600
As reported, the asbestos abatement and mold abatement have been completed as well as
demolition of interior walls, leaving an estimated cost of approximately $1,135,000 to restore
Old Central for occupancy.
The cost to demolish the building was estimated in 2001 to be approximately $169,000
($0.34 a cubic foot and $11.20 per square foot for concrete slab/footing removal) to $250,000
($15.00 per square foot) based on two estimates.
If you have any questions, please give me a call at 8830
Respectfully Submitted:
Ross Chadwick
Fire Chief
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
April 19, 2005
Utility Administration
Howard Martin, Utilities 349-8232
SUBJECT
Receive a report, hold a discussion and give staff direction concerning Denton's 2005 update to
the Water Conservation and Drought contingency Plan.
BACKGROUND
On March 28, 2005, staffpresemed the Public Utilities Board (PUB) (Exhibit 2) with the
strategy for updating Denton's Water Conservation and Drought Contingency Plan. The update
is required by the Texas Commission on Environmental Quality. The March 28th agenda item
contained detailed information pertaining to the legislative history of, and recent legislative
changes to, the water conservation and drought contingency plan. The 78th Texas Legislature
passed seven water conservation bills in 2003. In short, two of the bills directly affected water
conservation plans, Senate Bill 1094 and House Bill 2660. SB 1094 created a task force on
water conservation to review, evaluate, and recommend levels of water use efficiency and
conservation for Texas. Requirements for quantified five-year and ten-year water savings goals
in water conservation plans were established by HB 2660. However, these goals are not
enforceable. A third bill passed in 2003, HB 2663, established the requiremem for drought
comingency plans to include specific quamified goals for water use reductions during periods of
water shortages and drought.
The March 28th agenda item also contained information related to local and regional per-capita
water demand as well as the proposed strategy for complying with legislative requirements and
meeting water conservation goals. Denton's water demand per-capita compares favorably with
the regional average, the City of Dallas', and those of Dallas' larger customer cities. A number
of factors contribute to an area's per-capita including variations in climate, municipal
demographics, water utility profiles, and local water conservation efforts. The City of DeNon
implemented a water conservation plan in December of 1999. Denton's current plan includes a
water conservation rate structure, a public education program, an informative web site, a
xeriscape program, residential water audits, and an effluent reuse program. To further reduce
potential water loss, the Water Department manages a waterline replacement program and
conducts annual water audits. The current plan also established a water conservation goal of a
fifteen percent reduction in per-capita water consumption by the year 2050.
Water Conservation Plan Executive Summary_
The State Water Conservation Implememation Task Force (Task Force), with members
appoimed by the Texas Water Developmem Board (TWDB), was created to fulfill the mandate
of the legislation incorporated in Section 6 of Senate Bill 1094. One of the mandates of SB 1094
was the establishment of state wide per-capita targets and goals to be considered by water
providers. For municipal water providers, the Task Force suggested a minimum annual
reduction of one percent in total per-capita, based upon a five-year rolling average, until such
time as the entity achieves a total per-capita of 140 or less. Based on historical per-capita data,
best managemem practices (BMPs) water savings analysis, and recommendations by the Region
1
C Water Supply Planning Group's water conservation consultant, staff believes that a one
percent per year reduction in per-capita water use is obtainable over the next five and ten-year
periods. DeMon's specific goals are as follows:
· Achieve 2009 per-capita water use of 180 gpcd or less (five-year target). This represems a
reduction of 9 gpcd from the TWDB's projected per-capita water use.
· Achieve 2014 per-capita water use of 171 gpcd or less (ten-year target). This represems a
reduction of 18 gpcd from the TWDB's projected per-capita water use.
According to water savings analysis conducted by the Region C Water Supply Planning Group
and DeNon Water Utilities staff, the water conservation goals of this plan can be accomplished
through continued implementation of Denton's current conservation effort, water savings
resulting from low-flow plumbing fixtures and the new federal clothes washer standards, the
implementation of a lawn and landscape irrigation program, and the moderate growth of
Denton's effluent reuse program.
The lawn and landscape irrigation program, a new update to the currem plan, will be developed
and implememed in phases over the next few years. The program will include an ordinance that
may contain the following components: restrict watering to certain times of the day, deter
excessive watering of impervious surfaces, not allow watering during any form of precipitation,
require rain sensors on all new systems, and require proper maintenance of irrigation systems.
The implementation of the program in phases will allow time for staffto develop an ordinance
ensuring sufficiem pubic participation as well as provide an adequate amoum of time necessary
to educate customers about the requirements and restrictions of the ordinance.
Drought Contingency Plan Executive Summary_
Revisions in Denton's drought contingency plan are reflective of the 2005 changes to Dallas'
drought contingency plan. The need to coordinate Denton's plan with the Dallas' plan is
appropriate due to the following reasons: 1) DeMon's the water supply reservoirs (Lake Ray
Roberts and Lake Lewisville) are shared with Dallas and DeNon is the minority water rights
holder in both reservoirs; 2) DeNon is an umreated water supply customer of Dallas and will be
affected by restrictions that may be initiated by Dallas' plan, and 3) consistency between plans
will provide for a more effective implementation of Denton's drought contingency plan as a
result of Dallas' regional media coverage. Revisions in Denton's 2005 update to the drought
comingency plan include:
· Minor changes to trigger conditions for the Type B water management condition;
· Minor additions and edits to the menu of possible actions of water use restrictions for
demand reduction; and,
· Adjustments to the specific quantified targets for water use reductions during periods of
water shortages and drought.
Revisions to the drought contingency plan were not previously presented to the PUB or the
Council Environment Committee as staff received Dallas' draft 2005 update subsequent to those
meetings.
Denton's Water Conservation and Drought Contingency Plan has been updated to reflect the
changes describe above. The style of the plan has also been reformatted to closely resemble the
model plan developed by the Region C Water Supply Planning Group. The Demon Water
Conservation and Drought Comingency Plan is included in Exhibit 3.
OPTIONS
1. Accept the proposed Plan without modification.
2. Accept the proposed Plan with modifications.
3. Do not accept the proposed Plan.
RECOMMENDATION
Staff recommends Option 1, accepting the proposed ordinance without modification.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Strategy for the 2005 update to the Water Conservation and Drought Contingency Plan was
presented to the Public Utilities Board on March 28, 2005.
The Strategy for the 2005 update to the Water Conservation and Drought Contingency Plan was
presented to the Council Environment Committee on March 29, 2005.
The 2005 Water Conservation and Drought Contingency Plan was presented to the Public
Utilities Board on April 11, 2005. The PUB approved the Plan with a 4-0 vote recommending a
change in the Plan to include a day of week watering schedule instead of the existing 5-day
watering schedule.
FISCAL INFORMATION
N/A
BID INFORMATION
N/A
DATE SCHEDULED FOR COUNCIL APPROVAL
This item will be discussed at the April 19, 2005 City Council Work Session.
EXHIBITS
1. Ordinance - Water Conservation and Drought Contingency Plan
2. PUB Agenda Item- March 28, 2005
3. 2005 Water Conservation and Drought Contingency Plan
4. PUB Meeting Minutes
Submitted by:
Prepared by:
Howard Martin
Assistam City Manager Utilities
Tim Fisher, P.E.
Assistant Director of Water Utilities
ORDINANCE NO. 2005-
AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE
CITY OF DENTON, TEXAS BY ADDING THERETO §26-233 "WATER CONSERVATION
AND DROUGHT CONTINGENCY PLAN"; AND §26-234 "CRIMINAL AND CIVIL PEN-
ALTIES''; ADOPTING A WATER CONSERVATION AND DROUGHT CONTINGENCY
PLAN IN ACCORDANCE WITH THE REQUIREMENTS OF THE LAW; ESTABLISHING
CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE
STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISH-
lNG PROCEDURES FOR GRANTING VARIANCES; PROVIDING A CRIMINAL PEN-
ALTY NOT TO EXCEED $2,000 PER VIOLATION; PROVIDING A CIVIL PENALTY NOT
TO EXCEED $1,000 PER DAY PER VIOLATION; AND CHARGING VARIOUS 20% SUR-
CHARGE PENALTIES ON EXCESSIVE WATER USE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, §11.1271 and 11.1272 of the Texas Water Code and applicable rules of the
Texas Commission on Environmental Quality require the City to include specific, quantified
five-year and ten-year targets for water savings and specific quantified targets for water use re-
ductions during periods of water shortages and drought in the Water Conservation and Drought
Contingency Plan; and
WHEREAS, the City Council of the City of Denton, Texas recognizes that the amount of
water available to the City and its water utility customers is limited and subject to depletion dur-
ing periods of extended drought; and
WHEREAS, prior to the adoption of this ordinance, the City Council held a public hear-
ing to obtain citizen comments and input on the Water Conservation and Drought Contingency
Plan; and
WHEREAS, the City Council deems it in the public interest to adopt the following Water
Conservation and Drought Contingency Plan; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Chapter 26 of the Code of Ordinances of the City of Denton, Texas is
hereby amended by adding new §§26-233 and 26-234, which shall read as follows:
Sec. 26-233. Water conservation and drought contingency plan.
(a) Adoption ofplans. The Water Conservation and Drought Contingency Plan of the
City dated April 19, 2005, which is attached hereto, are hereby adopted by reference and is made
a part of this Code of Ordinances for all purposes, as if fully set forth herein.
1 EXHIBIT 1
(b) Surcharges. In addition to the penalties set forth in §26-234 below, the surcharge
penalties of 20% for commercial, industrial, and residential customers may be imposed in accor-
dance with the Water Conservation and Drought Contingency Plan:
(c) Authority. The City Manager and Assistant City Manager for Utilities are author-
ized to implement measures prescribed and required by this section and by the Water Conserva-
tion and Drought Contingency Plan approved by the City Council. The Assistant City Manager
for Utilities is authorized to enforce the measures implemented and to promulgate regulations not
in conflict with this section or with state and federal laws in aid of enforcement.
(d) Implementation of emergency order. The Assistant City Manager for Utilities,
upon determination that the conditions for a water emergency exist, may take the actions indi-
cated under the Water Conservation and Drought Contingency Plan, and shall advise the City
Manager. The City Manager may order that the appropriate state of emergency response, as de-
tailed in the Water Conservation and Drought Contingency Plan, be implemented. To be effec-
tive, the order must be:
(1) made by public announcement via electronic media; and
(2)
published in a newspaper of general circulation of the City within 24 hours
after the public announcement, which order becomes effective immedi-
ately upon publication.
(e) Duration of the order; change; extension. All initiated actions will remain in ef-
fect until the conditions that triggered the order have been eliminated or as otherwise provided in
the Water Conservation and Drought Contingency Plan. Upon recommendation of the Assistant
City Manager for Utilities, the City Manager may terminate, upgrade, or downgrade the state of
emergency in accordance with the requirements of the Water Conservation and Drought Contin-
gency Plan. Any change in the order must be made in the same manner prescribed in subsection
(d) for implementing an emergency order.
(f) Wholesale service to customers outside the city. The Assistant City Manager for
Utilities shall notify customers receiving wholesale water service from the City when any stage
of the Water Conservation and Drought Contingency Plan has been initiated or terminated in
case of pro-rata water allocations. The Assistant City Manager for Utilities may restrict service
to customers outside the City, as permitted under contract and state law.
(g) Authority under other laws. Nothing in this section shall be construed to limit the
authority of the Mayor, the City Council, or the City Manager to take emergency action or to
seek emergency relief under Chapter 9 "Emergency Management" or under the provisions of any
applicable state or federal laws.
Sec. 26-234. Criminal and Civil Penalties.
(a) A person commits an offense if he or she knowingly makes, causes, or permits a
use of water contrary to the measures implemented in the Water Conservation and Drought Con-
2
tingency Plan (the "Plan"). For the purposes of this section, it is presumed that a person has
knowingly made, caused, or permitted a use of water contrary to the measures implemented if
the mandatory measures have been implemented according to the Plan and any one of the fol-
lowing conditions apply:
(1) The Plan prohibits the manner of use; or
(2) The amoum of water used exceeds the amoum allowed by the Plan; or
(3)
The amount of use or the amount used violates the terms and conditions of
a compliance agreement following a variance granted by the Assistant
City Manager for Utilities.
(b) The following penalty shall apply during Stages 3 and 4 of the Plan: Any person
who knowingly violates any provision of this article shall, upon conviction, be punished by a
fine not to exceed two thousand dollars ($2,000.00). Each day that one or more provisions in
this Plan is violated shall be considered to be a separate offense.
(c) The City Attorney is authorized to commence an action for appropriate legal or
equitable relief in a court of competem jurisdiction in addition to the penalty memioned in the
above subsection (b). Such additional relief may include:
(1) An injunction to prevem a violation of this chapter;
(2)
Recovery for expenses incurred by the City in responding to a violation of
this Chapter;
(3)
A civil fine of up to one thousand dollars ($1,000.00) per day for viola-
tions of §26-233 and the Plan attached hereto; or
(4)
All other damages, costs, remedies and legal processes to which the City
may be entitled.
SECTION 2. That this ordinance shall be cumulative of all provisions of ordinances and
of the Code of Ordinances of the City of DeNon, Texas, as amended, except when provisions of
this ordinance are in direct conflict with the provisions of such ordinances and such Code. All
conflicting provisions of such ordinances and such Code are hereby repealed to the extent of that
conflict only.
SECTION 3. That it is hereby declared to be the intention of the City Council that the
sections, paragraphs, semences, clauses, and phrases of this ordinance are severable, and, if any
phrase, clause, semence, paragraph, or section of this ordinance shall be declared unconstitu-
tional by the valid judgmem or decree of any court of competem jurisdiction, such unconstitu-
tionality shall not affect any of the remaining phrases, clauses, semences, paragraphs, and sec-
tions of this ordinance since the same would have been enacted by the City Council without the
incorporation of this ordinance of any such unconstitutional phrase, clause, sentence, paragraph,
or section.
SECTION 4. That this ordinance shall become effective fourteen (14) days from the
date of its passage, and the City Secretary is hereby directed to cause the caption of this ordi-
nance to be published twice in the Denton Record-Chronicle, the official newspaper of the City
of Denton, Texas, within ten days of the date of its passage.
PASSED AND APPROVED this the
__day of ,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
CITY ATTORNEY
By:
4
PUBLIC UTILITIES BOARD AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
March 28, 2005
Utility Administration
Howard Martin, Utilities 349-8232
SUBJECT
Receive a report from staff, hold a discussion and provide direction concerning DeMon's 2005
update to the Water Conservation and Drought Contingency Plan
BACKGROUND
Legislative History_
The City of Denton adopted its Water Conservation and Drought Contingency Plan on December
7~h 1999. The plan was developed according to criteria established by the then Texas Natural
Resources Conservation Commission (now Texas Commission on Environmemal Quality
(TCEQ)) and established a water conservation goal of a fifteen percem reduction in per-capita
water consumption by the year 2050. Per-capita, defined by the Texas Water Development
Board (TWDB), is the total amoum of water diverted and/or pumped for potable water use
divided by the total population. Per-capita is also commonly referred to as gallons per capita per
day or gpcd. Since adoption of Denton's plan, the 78th Texas Legislature passed seven water
conservation bills. The most notable of the conservation bills, all of which were passed in 2003,
are Senate Bill 1094 and House Bill 2660. SB 1094 created a task force on water conservation to
review, evaluate, and recommend levels of water use efficiency and conservation for Texas.
Requirements for quantified 5-year and 1 O-year water savings targets in water conservation plans
were established by HB 2660.
The State Water Conservation Implememation Task Force (Task Force), with members
appointed by the TWDB, was created to fulfill the mandate of the legislation incorporated in
Section 6 of Senate Bill 1094. The Task Force was assigned several tasks including idemifying,
evaluating, and selecting Best Managemem Practices (BMPs) for municipal, industrial, and
agricultural water uses and evaluating the cost and benefits of the selected BMPs. As a result,
the Task Force developed TWDB Report 362, l/Vater Conservation Best Management Practices
Guide. This guide, released in November 2004, includes 21 BMPs for municipal water users and
serves as a resource for entities volunteering to implement BMPs appropriate for their situation.
In addition to Report 362, the Task Force also produced a Special Report to the 79th Legislature.
This report, also issued in November 2004, recommended a standardized methodology for
calculating, reporting, and monitoring per-capita water use data. The Special Report also
established state wide per-capita targets and goals to be considered by water providers. HB 2660
required the commission and board to establish these goals. For municipal water providers, the
report suggested a minimum annual reduction of one percent in total per-capita, based upon a
five-year rolling average, until such time as the entity achieves a total per-capita of 140 or less.
It is important to note that these goals are only guidelines and are not enforceable. HB 2660 also
1
EXHIBIT 2
required the commission and board to develop model conservation plans for water supplies; and,
beginning May 1, 2005, all water conservation plans must include specific, quamified 5-year and
1 O-year targets for water savings.
Legislative changes to Water Conservation and Drought Contingency Plans
Effective October 7, 2004, Title 30 Chapter 288 of the Texas Administrative Code (TAC)
entitled Water Conservation Plans, Drought Contingency Plans, Guidelines and Requirements
requires the holder of an appropriation of surface water in the amount of 1,000 acre-feet a year or
more for industrial, municipal and other non-irrigation uses develop, submit and implemem a
water conservation plan meeting the requirements of Subchapter A of Chapter 288. The water
conservation plans must be submitted to the executive director of the Texas Commission on
Environmemal Quality no later than May 1, 2005. In addition, retail public water suppliers
providing water service to 3,300 or more connections must also submit a drought contingency
plan to the executive director by the same date.
Changes to Title 30 Chapter 288 Subchapter A Rule 288.2 (Water Conservation Plans) and Rule
288.5 (Drought Comingency Plans) of the Texas Administrative Code (TAC), effective
November 7, 2004, include the following:
WATER CONSERVATION PLANS
· Goals:
o Umil May 1, 2005, water suppliers were required to specify conservation goals
for municipal per-capita water use, the basis for developmem of such goals, and a
time frame for achieving the specified goals.
o Beginning May 1, 2005, specific quantified five-year and ten-year targets for per-
capita water savings for municipal use are also required. The goals established by
a public water supplier are not enforceable under the code.
· Update of Plan: Beginning May 1, 2005, public water suppliers must review and update
their water conservation plan, as appropriate, based on an assessment of previous 5-
year and 10-year targets and any other new or updated information. Update of the plan
every five years requires reporting water sales by specific user class (i.e., residemial,
commercial, institutional, industrial). Staff is curremly working on a process to code
the specific customer user classes into the Harris billing system.
DROUGHT CONTINGENCY PLANS
· Quantified Targets for Water Use Reductions: The Drought Comingency Plan must
include, specific quamified targets for water use reductions to be achieved during
periods of water shortage and drought.
Region C, Ci_ty of Dallas (including customer cities), and City of DeNon per-capita
Population and water demand numbers are available at the TWDB website. Based on TWDB
water demand and population numbers for the year 2000, the average per-capita for Region C
was 246. The City of Dallas' per-capita for the same year was higher at 262. Per-capita for
Denton in 2000 was 189, less than both Dallas and the Region C average. Exhibit 1 shows the
year 2000 per-capita for the City of Dallas, the City of Demon, and all other Dallas customer
cities with a population greater than 25,000. Compared to Dallas and their larger customer cities,
DeMon's per-capita water demand (189) is less than the mean (199) and just slightly under the
median (190). It is importaN to note that the year 2000 is being used to establish baseline per-
capita for the following reasons:
1) the population figures are more accurate than any single-year population estimate
between 1990 and 2000;
2) according to the Palmer Drought Severity index the year 2000 was the driest year in
the last decade for the majority of regions in the State; and,
3) the year 2000 water use data also takes into account the water use savings that have
resulted from the 1991 State Water-Efficient Plumbing Act and conservation
programs implemeNed by the water utility.
Update to Demon's Plan
The curreN plan meets all TCEQ requiremeNs for Water Conservation and Drought
Contingency Plans except for the recently added specific 5-year and 1 O-year conservation goals
and the submittal of those goals in the updated plan to the TCEQ by May 1, 2005. Denton's
current Drought Contingency Plan already contains quantified targets for water use reductions
during times of shortage or drought. Staff will review those targets prior to preparing the final
draft of the updated plan.
Due to having one of the highest per-capita demands in Region C, and in the state, the City of
Dallas is currently pursuing an aggressive water conservation effort. Denton's per-capita, on the
other hand, is substantially less than Dallas' and compares favorably to Region C as a whole. In
determining the need for conservation, it is also important to consider supply and demand;
Denton's short-term treatment and supply capacities exceed demand. Due to these factors, staff
suggests pursuing a less aggressive conservation effort than Dallas. Staff also believes it is in the
best interest of DWU to take a more moderate approach to water conservation at this point in
time due to uncertainties pertaining to potential regulatory consequences of specific water
savings goals in the future. Nonetheless, Denton will benefit from Dallas' effort through their
regional media campaign, in staff's opinion, DeNon already has a respectable water
conservation plan, which consists of the following components:
Conservation Water Rate Structure for ResideNial Rate Class- comprised of an
inverted-block rate such that the price of water increases with increasing consumption
Public Awareness and Education Program - includes bill inserts, brochures, a school
education program, public speaking engagemeNs, and public service announcemeNs.
· Web Site - DWU maiNains a web site with water conservation tips and answers to
frequeNly asked water conservation questions.
· Xerioscape Program - offers a free semi-annual landscape managemeN class and
distributes Texas Smartscape CDs at local evens and upon request
· Waterline ReplacemeN Program - replaces waterline on a worst-first basis which is
effective in reducing the number waterline breaks
· Annual Internal Water Audit - water accouNing system useful for estimating and
coNrolling unaccouNed-for water
· ResideNial Water Audits - trained staff conduct on-site water audits for resideNial
customers ideNifying poteNial water waste and demonstrating water conservation
techniques.
· EfflueN Reuse Program - reclaimed wastewater is sold to customers for non-potable
uses, primarily irrigation.
Staff feels the TWDB Task Force's suggested annual reduction of one percent per year in total
per-capita may be reasonable for DeNon. Based on available data, staffbelieves the goal can be
achieved through continued implementation of the components in the current plan,
implementation of a lawn and landscape irrigation program, and moderate growth of Denton's
reclaimed effluem reuse program. The lawn and landscape irrigation program would be
developed and implememed in phases over the next few years. The program would include an
ordinance that would restrict watering to certain times of the day and would deter excessive
watering of impervious surfaces. The ordinance would not allow watering during any form of
precipitation and would require rain sensors on all new systems. Proper maintenance of irrigation
systems necessary to reduce waste of water would also be required. The implementation of the
program in phases would allow time for staff to develop an ordinance ensuring sufficiem pubic
participation as well as provide an adequate amount of time necessary to educate customers
about the requirements and restrictions of the ordinance.
The Consultant for the Region C Planning Group responsible for Region C Water Conservation
believes that Denton will likely do its share in meeting the long-term Regional conservation
goals based on automatic water savings and the implementation of moderate conservation
measures. Automatic water savings result from the 1991 state requirements for low-flow
plumbing fixtures, the impact of increasing water rates over time, and a new federal clothes
washer standard that will go into effect in 2007. Moderate conservation measures include public
and school education programs and a Water Waste Prohibition ordinance (differem terminology
for lawn and landscape irrigation ordinance). The Consultant estimates that these components
will reduce demand by 6.7 percem in 2010. At this time, the total projected savings in the
Consultant's estimates do not include the savings that will result from Denton's reuse program.
The Consultant is currently working with staffto estimate savings from reuse.
Twenty-one Municipal BMPs were published in the Task Force's Water Conservation Best
Management Practices Guide. Exhibit 2 shows which BMPs are already being implemented,
which BMPs will be implemented in the first five years of Denton's updated Water Conservation
Plan, and whether or not the BMP is being recommended for Denton by the Region C
Consultant. In order to meet the five and ten-year conservation goals Denton will continue to
implement the current the plan, phase in a Lawn and Landscape Irrigation Ordinance, and
continue to expand the reuse program. In addition to the proposed conservation plan, a large
portion of per-capita water savings will result from low-flow fixtures, increasing rates, and the
federal clothes washer standards.
Denton's specific goal of a one percent reduction of per-capita per year in the first five years,
based on estimated savings from current conservation measures, a lawn and landscape irrigation
ordinance, and moderate growth in Denton's reuse program over the time period, would result in
an 9 gallon per day reduction in per-capita by the year 2009. Current conservation measures
include savings from state required low-flow plumbing fixtures, the implementation of the
federal clothes washer standards, increasing water prices over time, and the water conservation
components of Denton's current plan. By the year 2014, the second required evaluation and
update period of the plan, meeting the one percent reduction in per-capita per year would result
in a per-capita reduction of approximately 18 gallons per day.
OPTIONS
1) Establish specific 5-year and 10-year water savings goals at reducing per-capita by
one percent per year
2) Establish specific 5-year and 1 O-year water savings goals that are more aggressive
than reducing per-capita by one percent per year
3) Establish specific 5-year and 10-year water savings goals that are less aggressive than
reducing per-capita by one percent per year
RECOMMENDATION
Staff recommends Option 1; establish specific 5-year and 1 O-year water savings goals at
reducing per-capita demand by one percent per year. The established goal could be achieved
through automatic water savings, continued implementation of Denton's Water Conservation
Plan, a phased in implementation of a Lawn and Landscape Irrigation Ordinance, and the
moderate growth of Denton's reclaimed effluent reuse program.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
N/A
FISCAL INFORMATION
N/A
BID INFORMATION
N/A
DATE SCHEDULED FOR COUNCIL APPROVAL
This item will be discussed at the April 12, 2005 City Council Work Session.
EXHIBITS 1. Per-capita Water Demands
2. Water Conservation Best Management Practices
Submitted by:
Tim Fisher, P.E.
Assistant Director of Water Utilities
Prepared by:
David Wachal
Water Utilities Coordinator
Per Capita Water Demands
Dallas Customer Cities with Population Greater Than
25,000 (TWDB 2000)
35O
300
250
'a 200
0
,,, 150
0
100
50
Exhibit 1
Water Conservation Best Management Practices
Recommended by
Measures Recommended
Water Conservation Strategy Currently During Initial Region C Water
Conservation
(BMP) Implemented Five Years (FY Consultant for
Through FY 2004 2005-FY 2009) Denton (Draft)
System Water Audit and Water Loss Yes Yes Yes
Water Conservation Pricing Yes Yes Yes
Prohibition on Wasting Water No Yes (multi-year Yes3
phase-in approach)
Sho~verhead, Aerator, and Toilet Flapper No No No
Retrofit
Residential Toilet Replacement Programs No No No
Residential Clothes Washer Incentive No No No
Program
School Education Yes Yes Yes
Water Survey for Single-Family and Yes Yes No
Multi-family Customerst
Landscape Irrigation Conservation and No No No
Incentives
Water Wise Landscape Design and Yes Yes No
Conversion Programs2
Athletic Field Conservation No No NA4
Golf Course Conservation No No NA4
Metering of All Ne~v Connections Yes Yes NA5
Wholesale Agency Assistance Programs No No No6
Conservation Coordinator/Staff No No No
Water Reuse Yes Yes Yes3
Public Information Yes Yes Yes
Rain~vater Harvesting and Condensate No No No
Reuse
Ne~v Construction Gray Water No No No
Park Conservation No No NA4
Conservation Programs for ICI No No Yes3
t Water savings are minimal system ~vide but program is necessary to achieve high customer service standards
2 City of Denton provides Xeriscape classes and distributes the Texas Smartscape CD free of charge. Financial
assistance for landscape conversion ~vill not be offered
3 Optional BMP; Consultant recommends any combination of cost effective optional BMPs necessary to meet
conservation goals
4 BMP feasible but insufficient data available to recommend BMP
5 Already implemented
6 No direct savings
Exhibit 2
Water Conservation and Drought Contingency Plan City of Denton
CITY OF DENTON
Water Conservation and Drought Contingency Plan
April 2005
1. INTRODUCTION AND OBJECTIVES
Water supply has always been a key issue in the development of Texas. In recent years,
the increasing population and economic development in Region C have led to growing
demands for water. Additional supplies to meet higher demands will be expensive and
difficult to develop. Therefore, it is important that we make efficient use of existing
supplies and make them last as long as possible. This will delay the need for new
supplies, minimize the environmental impacts associated with developing new supplies,
and delay the high cost of additional water supply development.
Recognizing the need for efficient use of existing water supplies, the Texas Commission
on Environmental Quality (TCEQ) has developed guidelines and requirements governing
the development of water conservation and drought contingency plans for public water
suppliers4. The TCEQ guidelines and requirements for water suppliers are included in
Appendix B. The City of Denton has adopted this water conservation and drought
contingency plan pursuant to TCEQ guidelines and requirements.
The objectives of the water conservation plan are:
To reduce water consumption.
To reduce the loss and waste of water.
To identify the level of water reuse.
To improve efficiency in the use of water.
To extend the life of current water supplies by reducing the rate of growth in
demand.
The objectives of the drought contingency plan are:
To conserve the available water supply in times of drought and emergency
To maintain supplies for domestic water use, sanitation, and fire protection
To protect and preserve public health, welfare, and safety
To minimize the adverse impacts of water supply shortages
To minimize the adverse impacts of emergency water supply conditions.
EXHIBIT 3
Water Conservation and Drought Contingency Plan City of Denton
2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES
2.1 Conservation Plans
The TCEQ rules governing development of water conservation plans for public water
suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the
Texas Administrative Code, which is included in Appendix B. For the purpose of these
rules, a water conservation plan is defined as:
"A strategy or combination of strategies for reducing the volume of water withdrawn
from a water supply source, for reducing the loss or waste of water, for maintaining or
improving the efficiency in the use of water, for increasing the recycling and reuse of
water, and for preventing the pollution of water. A water conservation plan may be a
separate document identified as such or may be contained within another water
management document(s)~.''
According to TCEQ rules, water conservation plans for public water suppliers must have
a certain minimum content (Section 3), must have additional content for public water
suppliers that are projected to supply 5,000 or more people in the next ten years (Section
4), and may have additional optional content (Section 5).
2.2 Drought Contingency Plans
The TCEQ rules governing development of drought contingency plans for public water
suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 of the
Texas Administrative Code, which is included in Appendix B. For the purpose of these
rules, a drought contingency plan is defined as:
"A strategy or combination of strategies for temporary supply and demand management
responses to temporary and potentially recurring water supply shortages and other water
supply emergencies. A drought contingency plan may be a separate document identified
as such or may be contained within another water management document(s)~.''
The drought contingency plan for the City of Denton is contained in Section 6 of this
water conservation and drought contingency plan.
2
Water Conservation and Drought Contingency Plan City of Denton
3. MINIMUM REQUIRED WATER CONSERVATION PLAN CONTENT
The minimum requirements in the Texas Administrative Code for water conservation
plans for public drinking water suppliers covered in this report are as follows:
· §288.2(a)(1)(A) - Utility Profile - Section 3.1 and Appendix C
· §288.2(a)(1)(B) - Specification of Goals Before May 1, 2005 - Section 3.2
· §288.2(a)(1)(C) - Specification of Goals After May 1, 2005 - Section 3.2
· §288.2(a)(1)(D) - Accurate Metering - Sections 3.3 and 3.4
· §288.2(a)(1)(E) - Universal Metering - Section 3.4
· §288.2(a)(1)(F) - Determination and Control of Unaccounted Water - Section 3.5
· §288.2(a)(1)(G) - Public Education and Information Program - Section 3.6
· §288.2(a)(1)(H) - Non-Promotional Water Rate Structure - Section 3.7
· §288.2(a)(1)(I) - Reservoir System Operation Plan - Section 3.8
· §288.2(a)(1)(J) - Means of Implementation and Enforcement - Section 3.9,
Appendix D
· §288.2(a)(1)(K) - Coordination with Regional Water Planning Group - Section
3.10 and Appendix E
3.1 Utility Profile
Appendix C to this water conservation plan is a water utility profile for the City of
Denton, based on the format recommended by the TCEQ2.
3.2 Specification of Water Conservation Goal
Specific elements of the Water Conservation Plan are discussed in the subsequent
sections of this document. The development of this plan involved the identification and
examination of numerous conservation strategies. The conservation strategies chosen for
the plan were derived from numerous sources including state agency recommendations,
the Region C planning group, water conservation literature, and the City's existing Water
Conservation Plan.
Prior to May 1, 2005, Denton's water conservation goal was a 15 percent reduction in per
capita water use by 2050. This goal was established in Denton's Water Conservation and
Water Conservation and Drought Contingency Plan City of Denton
Drought Contingency Plan adopted December 7, 1999. The City's water conservation
goals after May 1, 2005 include the following:
Achieve 2009 per capita water use of 180 gpcd or less, as shown in Table 3-2
(five-year target). This represents a reduction of 9 gpcd from the TWDB's
projected per capita water use.
Achieve 2014 per capita water use of 171 gpcd or less, as shown in Table 3-2
(ten-year target). This represents a reduction of 18 gpcd from the TWDB's
projected per capita water use.
The above goal represents a one percent reduction in per-capita for each of the next ten
years. This goal was based on: 1) per-capita reduction goals recommended by the Texas
Water Development Board's Task Force on Water Conservation; and 2) an indication in
recent data that per capita water demand has started to decline. However, weather
patterns over the same period of time were such that declining per capita consumption
may have been weather related.
Denton's specific goal of a one percent reduction of per-capita per year in the first five
years, based on estimated savings from current conservation measures, a lawn and
landscape irrigation ordinance, and moderate growth in Denton's reuse program over the
next five to ten years, would result in a 9 gallon per day reduction in per-capita by the
year 2009. Current conservation measures include savings from state required low-flow
plumbing fixtures, the implementation of the federal clothes washer standards, increasing
water prices over time, and the water conservation components of Denton's current plan
(detailed in the following sections of the Plan). By the year 2014, the second required
evaluation and update period of the plan, meeting the one percent reduction in per-capita
per year would result in a per capita water savings of approximately 18 gallons per day.
The specific per-capita water use reduction estimates in Table 3-2 are based largely on
the Region C planning group water savings estimates for Denton. However, Denton's
estimates are slightly more conservative than the estimates provided by Region C.
Table 3-1. Five and Ten Year Water Savings Targets
Unit 2000 2009 2014
City Denton Population 80,537
Total Water Demand MG 5,556
Gallons per Capita per Day gpcd 189
Savings from low-flow fixtures and
Federal Clothes Washer Standard gpcd 5.4 11.8
Savings from Conservation gpcd 2.6 4.2
Measures
Savings from Reuse gpcd 1 2
Total Per-Capita Saving gpcd 9 18
Per-Capita Reduction Percent 5% 10%
4
Water Conservation and Drought Contingency Plan City of Denton
3.3 Accurate Metering of Raw Water Supplies and Treated Water Deliveries
The City of Denton meters all raw water diversions from Lake Lewisville and Lake Ray
Roberts to each of the Water Treatment Plants. The City of Denton also meters all
treated water deliveries to the distribution system from each water treatment plant. Each
meter has an accuracy of plus or minus one percent. The meters are calibrated on a
semiannual basis by City of Denton personnel to maintain the required accuracy and are
repaired or replaced as needed.
3.4
Metering of Customer and Public Uses and Meter Testing, Repair, and
Replacement
Water usage for all customers of the City of Denton, including public and governmental
use, is metered.
As part of the water conservation plan, the City of Denton will continue to implement a
meter replacement program. Denton Water Utility (DWU) staff conducted and extensive
study in 2004 in which over 2000 water meters were bench tested for accuracy. In
addition a cost-benefit analysis was conducted in order to maximize the efficiency of the
meters versus the costs of the replacement program. Based on the study, 3/4 to 2-inch
meters are replaced on a twelve to fourteen-year cycle. The program focuses on
replacing the oldest meters in the system first. In 2004, 2,176 meters were replaced.
Meters that are 3-inch or larger are tested every two years and repaired or replaced as
necessary.
In addition, meters registering any unusual or questionable readings will be tested and
repaired to restore full functionality.
3.5 Determination and Control of Unaccounted Water
In 2003, the Texas Water Code (Chapter 16.0121) was amended to require that every five
years, a retail public utility that provides potable water shall perform and file with the
Texas Water Development Board (TWDB) a water audit computing the utility's most
recent annual system water loss. The first submittal, due March 31, 2006, must report on
the water use for 2005. At this time, the TWDB is developing the rules for water system
audits.
DWU staff has been conducting water audits since the early 1990's. Historically, The
City of Denton's unaccounted-for water, based on the American Water Works
Association (AWWA) water audit methodology, has always been less than ten percent,
below the AWWA goal. The City of Denton unaccounted-for water is also below the
national average of twelve percent.
Water Conservation and Drought Contingency Plan City of Denton
In anticipation of the changing regulatory requirements for the water audit and possible
implementation of International Water Association methodology by the TWDB, City of
Denton staff has been employing the IWA methodology for the past two years. The City
of Denton's system has also met the suggested targets of the IWA methodology as
specified by the TWDB Task Force on water conservation.
The City of Denton will continue to conduct annual water audits using both AWWA and
IWA methodologies.
As shown in Appendix C, unaccounted-for water for the City of Denton has varied from
3.25 percent to 7.91 percent in the last five years. In the last few years DWU staff has
noticed a short-term upward trend in unaccounted-for water. Staff is currently
developing a plan to investigate possible causes of the increase in unaccounted-for water.
Staff will continue to conduct comprehensive water audits annually and take appropriate
measure to minimize system water loss. With the measures described in this plan, the
City of Denton intends to maintain the unaccounted-for water below 10 percent in any
given year.
3.6 Continuing Public Education and Information Campaign
The continuing public education and information campaign on water conservation for the
City of Denton includes the following elements:
Promote the City's water conservation measures (presented in Sections 3, 4, and
5).
Include inserts on water conservation with water bills at least twice per year.
Inserts will include material developed by City of Denton staff and material
obtained from the TWDB, the TCEQ, and other sources that pertain to water
conservation, irrigation conservation, and protecting pipes from freezing.
Encourage local media coverage of water conservation issues and the importance
of water conservation.
Make the Texas Smartscape CD, water conservation brochures, and other water
conservation materials available to the public at the City of Denton Utility
Department, other City facilities, and at special events.
Provide a Xerioscape class once a year to promote conservation landscaping and
conservation irrigation practices.
Make information pertaining to water conservation and irrigation conservation
available online a www.cityofdenton.com and include links to the Texas
Smartscape website and to information relating to water conservation on the
TWDB and TCEQ web sites.
Water Conservation and Drought Contingency Plan City of Denton
Presentations are available to local organizations, schools, and civic groups on the
importance of water conservation and ways to save water.
3.7 Non-Promotional Water Rate Structure
With the intent of encouraging water conservation and discouraging waste and excessive
use of water, the City of Denton adopted an increasing block (inverted-block) rate in
1998. In an inverted-block structure the unit price of water increases with increasing
water use.
The City of Denton employs an inverted-block rate from May through October. The
structure consists of three blocks (Table 5-2). The first block provides enough water to
cover a typical household's water usage, which includes a moderate amount for
irrigation. The second and third blocks are designed to curb discretionary and seasonal
outdoor water use. The inverted-block structure only applies to residential customers.
DWU bills commercial customers on a fiat rate due to more consistent water use patterns.
TABLE 5-2
DWU Block Rate Structure
0-15,000 gals $2.60
15,001 - 30,000 gals $3.50
Over 30,000 gals $4.35
3.8 Reservoir System Operation Plan
The City of Denton has the following rights to divert water from Lake Ray Roberts and
Lake Lewisville:
· 9.76 MGD Lake Ray Roberts
· 4.34 MGD Lake Lewisville
The City of Denton is the minority water right holder in both reservoirs. The current
agreement with the City of Dallas (majority water right holder) delegates comprehensive
coordination of reservoir management to the City of Dallas.
3.9 Implementation and Enforcement of the Water Conservation Plan
Appendix D contains a copy of the resolution of the City of Denton City Council
adopting this water conservation and drought contingency plan. The resolution designates
responsible officials to implement and enforce the water conservation and drought
contingency plan.
Water Conservation and Drought Contingency Plan City of Denton
3.10 Coordination with Regional Water Planning Group
The City of Denton will provide a copy of this water conservation and drought
contingency plan to the Region C Water Planning Group, which is currently developing
the Regional Water Plan. Appendix E includes a copy of a letter sent to the Chair of the
Region C Water Planning Group.
Water Conservation and Drought Contingency Plan City of Denton
4. ADDITIONAL REQUIRED WATER CONSERVATION PLAN CONTENT
The Texas Administrative Code also includes additional requirements for water
conservation plans for public drinking water suppliers that serve a population of 5,000
people or more and/or a projected population of 5,000 people or more within the next ten
years:
§288.2(a)(2)(A) - Leak Detection, Repair, and Water Loss Accounting - Sections
3.5, 4.1, and 5.5
· §288.2(a)(2)(B) - Record Management System - Section 4.2
§288.2(a)(2)(C) - Requirement for Water Conservation Plans by Wholesale
Customers - Section 4.3
4.1 Leak Detection and Repair; Pressure Control
Measures to control unaccounted-for water are part of the routine operations of the City
of Denton. Meter readers, water and wastewater utility personnel, and the public report
leaks in the system. Maintenance crews are on-call 24-hours a day and respond quickly to
repair reported leaks. The City of Denton also proactively decreases water loss through
the waterline replacement program. The City of Denton spends approximately $1.5
million per year to repair and replace water distribution lines with two construction and
maintenance crews. Areas of the water distribution system in which numerous leaks and
line breaks occur are targeted for replacement.
To reduce real water losses, the City of Denton will maintain a proactive water loss
program. As part of this program, the City will implement the following actions:
· Continue to implement the waterline replacement program;
· Conduct inspections of transmission lines; and
Conduct regular inspections of all water main fittings and connections during
periods of maintenance and repair.
4.2 Record Management System
As required by TAC Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2(a)(2)(B),
the record management system for the City of Denton records water pumped, water
delivered, and water sold. However, the City of Denton's record management system
does not allow for the separation of water sales and uses into residential, commercial,
public/institutional, and industrial categories as required.
The current billing system separates sales and uses into residential, commercial, and
wholesale user classes. Staff is investigating available options to bring the record
management system into compliance.
Water Conservation and Drought Contingency Plan City of Denton
4.3 Requirement for Water Conservation Plans by Wholesale Customers
Each contract for the wholesale sale of water by the City of Denton will include a
requirement that the wholesale customer develop and implement a water conservation
plan meeting the requirements of Title 30, Part 1, Chapter 288, Subchapter A, Rule
288.2(a)(2)(c) of the Texas Administrative Code. If the customer intends to resell the
water, then the contract between the initial supplier and customer must provide that the
contract for the resale of the water must have water conservation requirements so that
each successive customer in the resale of the water will be required to implement water
conservation measures in accordance with applicable provisions of Chapter 288.
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Water Conservation and Drought Contingency Plan City of Denton
5. OPTIONAL WATER CONSERVATION PLAN CONTENT
TCEQ rules also list optional (not required) conservation strategies, which may be
adopted by suppliers to achieve the stated goals of the plan. The following optional
strategies are listed in the rules; some are not included in this plan:
· §288.2(a)(3)(A) - Conservation Oriented Water Rates - Section 3.7
§288.2(a)(3)(B) - Ordinances, Plumbing Codes or Rules on Water-Conserving
Fixtures - Section 5.1
§288.2(a)(3)(C) -Programs for the Replacement or Retrofit of Water-Conserving
Plumbing Fixtures in Existing Structures - (NOT iNCLUDED iN PLAN)
· §288.2(a)(3)(D) - Reuse and Recycling of Wastewater - Section 5.2
§288.2(a)(3)(E) - Pressure Control and/or Reduction - (NOT INCLUDED IN
PLAN)
· §288.2(a)(3)(F) - Landscape Water Management Ordinance - Section 5.3
· §288.2(a)(3)(G) - Monitoring Method - Section 5.4
§288.2(a)(3)(H) - Other Conservation Methods (Customer Water Audit) -
Section 5.5
5.1 Ordinances, Plumbing Codes, or Rules on Water-Conserving Fixtures
The State of Texas has required 2.5 gpm faucets, 3.0 gpm showerheads, and 1.6 gpf
toilets for new construction since 1992. Similar standards are also required under federal
law. Denton's Plumbing Code complies with the State of Texas requirements.
In addition, the implementation of the federal rules requiring energy-conserving clothes
washers in 2007 will improve the water-efficiency of residential clothes washers.
5.2 Reuse and Recycling of Wastewater
The City of Denton's current reuse program delivers approximately 0.5 MGD of
reclaimed wastewater effluent. The current distribution system has a maximum capacity
of 4.0 MGD. The City of Denton is estimating that reuse will increase to 1.0 MGD by
2009 and 1.5 MGD by 2014.
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Water Conservation and Drought Contingency Plan City of Denton
5.3 Landscape Management Ordinance
As part of the development of this water conservation plan, the City of Denton will
implement a landscape water management ordinance. This ordinance is intended to
minimize waste in landscape irrigation and will be phased in over a two-year period. The
implementation of the program in phases will allow time for staff to develop an ordinance
ensuring sufficient pubic participation as well as provide an adequate amount of time
necessary to educate customers about the requirements and restrictions of the ordinance.
The ordinance will potentially include the following elements:
Prohibition of outdoor watering with sprinklers from 10:00 a.m. to 6:00 p.m.
every day from June 1 through September 30. (Watering with hand-held hoses,
soaker hoses, or dispensers is allowed.)
· Requirement that all new irrigation systems include rain sensors.
Requirement that all new irrigation systems be in compliance with state design
and installation regulations (Texas Administrative Code Title 30, Part 1, Chapter
344).
Prohibition of designs and installations that spray directly onto impervious
surfaces such as sidewalks and roads or onto other non-irrigated areas.
· Prohibition of use of poorly maintained sprinkler systems that waste water.
· Prohibition of outdoor watering during any form of precipitation.
Enforcement of the ordinance by a system of warnings followed by fines for
continued or repeat violations.
5.4 Monitoring Method
Until such time as there is an industry wide method for monitoring per-capita the City of
Denton will use the five-year rolling average suggested by the Texas Water Development
Board.
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Water Conservation and Drought Contingency Plan City of Denton
5.5 Residential Customer Water Audit
The City of Denton will continue to conduct water audits for single- and multi-family
residential customers. The four main purposes are to: educate customers about
conservative water use habits and replacement of inefficient toilets, clothes washers, and
dishwashers; educate customers about water-efficient showerheads and faucet aerators;
identify leaks; and optimize irrigation water usage. The City's auditor will review the
water use habits of the customer, inspect the system for leaks and excessive use, and
recommend any equipment repairs or changes to increase the efficiency of both the
domestic and irrigation water systems. Although overall water savings from residential
water audits are minimal, residential water audits are crucial to maintaining good
customer relations particularly related to high billing complaints.
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Water Conservation and Drought Contingency Plan City of Denton
6. DROUGHT CONTINGENCY PLAN
6.1 Introduction
The purpose of this drought contingency plan is as follows:
6.2
To conserve the available water supply in times of drought and emergency
To maintain supplies for domestic water use, sanitation, and fire protection
To protect and preserve public health, welfare, and safety
To minimize the adverse impacts of water supply shortages
To minimize the adverse impacts of emergency water supply conditions.
State Requirements for Drought Contingency Plans
This drought contingency plan is consistent with Texas Commission on Environmental
Quality (TCEQ) guidelines and requirements for the development of drought contingency
plans by public drinking water suppliers, contained in Title 30, Part 1, Chapter 288,
Subchapter B, Rule 288.20 of the Texas Administrative Code. This rule is included in
Appendix B.
TCEQ's minimum requirements for drought contingency plans are addressed in the
following subsections of this report:
288.20(a)(1)(A) - Provisions to Inform the Public and Provide Opportunity for
Public Input - Section 6.3
288.20(a)(1)(B) - Provisions for Continuing Public Education and Information -
Section 6.4
288.20(a)(1)(C) - Coordination with the Regional Water Planning Group -
Section 6.9
288.20(a)(1)(D) - Criteria for Initiation and Termination of Drought Stages -
Section 6.5
· 288.20(a)(1)(E) - Drought and Emergency Response Stages - Section 6.6
288.20(a)(1)(F) - Specific, Quantified Targets for Water Use Reductions -
Section 6.6
288.20(a)(1)(G) - Water Supply and Demand Management Measures for Each
Stage - Section 6.6
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Water Conservation and Drought Contingency Plan City of Denton
288.20(a)(1)(H) - Procedures for Initiation and Termination of Drought Stages -
Section 6.6
· 288.20(a)(1)(I) - Procedures for Granting Variances - Section 6.8
288.20(a)(1)(J) - Procedures for Enforcement of Mandatory Restrictions - Section
6.7
· 288.20(a)(3) - Consultation with Wholesale Supplier - Not applicable
· 288.20(b) - Notification of Implementation of Mandatory Measures - Section 6.6
· 288.20(c) - Review and Update of Plan - Section 6.10
6.3 Provisions to Inform the Public and Opportunity for Public Input
The City of Denton provided opportunity for public input in the development of this
drought contingency plan in December of 1999 by the following means:
Provided written notice of the proposed plan and the opportunity to comment on
the plan by newspaper, posted notice, and notice on City of Denton's web site,
www.cityofdenton.com
A public meeting was held at City of Denton City Hall at 6:00 PM on
December 7, 1999.
The public may comment on updates to the plan.
The plan will be available at the City of Denton's web site
www.cityofdenton.com
· The plan will be provided to anyone requesting a copy.
The City of Denton shares water rights with the City of Dallas. Denton is the minority
water right holder in both water supply reservoirs. Also, Denton is a wholesale customer
of the City of Dallas. Due to these factors, it is by design that Denton's Drought
Contingency Plan closely resembles Dallas' plan. Revisions in this plan are reflective of
2005 changes in Dallas' plan. The need to coordinate Denton's Plan with the Dallas' plan
is appropriate due to the following reasons:
The water supply reservoirs (Lake Ray Roberts and Lake Lewisville) are shared
by the two cities and Denton is the minority water rights holder in both reservoirs,
Denton is an untreated water supply customer of Dallas and will be affected by
restrictions that may be initiated by the Dallas plan.
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Water Conservation and Drought Contingency Plan City of Denton
Consistent communication to customers in a television and media market
common to many different water utility entities will provide for a more effective
implementation of Drought Contingency Plans.
6.4 Provisions for Continuing Public Education and Information
The City of Denton will inform and educate the public about its drought contingency plan
by the following means:
Making the plan available to the public through the City of Denton web site at
www.cityofdenton.com.
Including information about the drought contingency plan on the City of Denton's
web site, www.cityofdenton.com.
Upon request, make presentations to local organizations, schools, and civic
groups on the drought contingency plan (usually in conjunction with presentations
on water conservation programs).
Open public meetings with the Public Utilities Board, Environment Committee,
and City Council.
Any time the drought contingency plan is activated or the drought stage changes, the City
of Denton will notify local media of the issues, the drought response stage, and the
specific actions required of the public. The information will also be publicized on the
City of Denton web site, www.cityofdenton.com. Billing inserts will be used as
appropriate.
6.5 Initiation and Termination of Drought Response Stages
6.5.1 Initiation of Drought Response Stages
The Director of Water Utilities or designee may order the implementation of a drought
response stage or water emergency when one or more of the trigger conditions for that
stage is met. The following actions will be taken when a drought stage is initiated:
· The public will be notified through local media.
· Wholesale customers will be notified by telephone with a follow-up letter or fax.
If any mandatory provisions of the drought contingency plan are activated, the
City of Denton will notify the Executive Director of the TCEQ within 5 business
days.
The Director of Water Utilities or designee may decide not to order the implementation
of a drought response stage or water emergency even though one or more of the trigger
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Water Conservation and Drought Contingency Plan City of Denton
criteria for the stage are met. Factors that could influence such a decision include, but are
not limited to, the time of the year, weather conditions, the anticipation of replenished
water supplies, or the anticipation that additional facilities will become available to meet
needs.
Trigger Condition Types: The three types of water management conditions are
discussed below:
For a Type A situation, preservation of the total water supply will be critical
and corresponding water management measures should stress overall
reductions in water use. This condition is results from extended drought.
The best opportunity to respond to a drought is early in the drought cycle.
Drought Contingency measures should stress overall reductions in water
demand (i.e., average-day water demand).
For a Type B situation, in which the water demand approaches the delivery
capacity of the system, the peak water demand will be critical, and
corresponding drought contingency measures should stress water-use
reductions or shifts to off-peak hours. In this situation, the ultimate goal of
Stages 1, 2, and 3 will be to avoid triggering the next stage. A Stage 4
trigger requires immediate and severe water demand reductions. Equipment
or system failures that result from increased stresses to the transmission,
treatment, or distribution systems can worsen a Type B situation. This
condition is a result of an increase in demand. In the short term, this
typically occurs during the summer months when irrigation requires more
water. In the long term, it could occur if treatment plant or distribution
system expansions do not keep pace with the growth in consumer demand.
Drought contingency measures should stress reductions in peak water
demand or redistribution of the demand to off-peak hours.
For a Type C situation where deficiencies limit the supply capacity, both
water-use reductions and shifts to off-peak hours may be necessary.
Although the area involved may be localized, immediate action requiring
water demand reduction is necessary. Depending upon the severity of the
triggering conditions, it is feasible that the plan could proceed immediately
to implementation of stage 3 or stage 4. This condition is a result of a break
in a large transmission main, mechanical failure to one or more large pumps,
or production plant breakdown. Contamination of water supplies or other
unforeseen occurrences may also instigate this condition. They may arise
with little warning and require immediate and/or aggressive actions.
Drought contingency measures should stress reductions in peak water
demand and/or redistribution of the demand to off-peak hours.
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Water Conservation and Drought Contingency Plan City of Denton
6.5.2 Termination of Drought Response Stages
The Director of Water Utilities or designee may order the termination of a drought
response stage or water emergency when the conditions for termination are met or at
his/her discretion. The following actions will be taken when a drought stage is
terminated:
· The public will be notified through local media.
· Wholesale customers will be notified by telephone with a follow-up letter or fax.
When any mandatory provisions of the drought contingency plan that have been
activated are terminated, the City of Denton will notify the Executive Director of
the TCEQ within 5 business days.
The Director of Water Utilities or designee may decide not to order the termination of a
drought response stage or water emergency even though the conditions for termination of
the stage are met. Factors that could influence such a decision include, but are not limited
to, the time of the year, weather conditions, or the anticipation of conditions that warrant
the continuation of the drought stage.
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Water Conservation and Drought Contingency Plan City of Denton
6.6
6.6.1
Drought and Emergency Response Stages
Stage 1, Mild
6.6.1.1 TRIGGERING AND TERMINATION CONDITIONS FOR STAGE 1, MILD
6.6.1.1.1 Type A Water Management Condition
· Total raw water supply in Denton and Dallas connected lakes
drops below 65% of the total conservation storage
6.6.1.1.2 Type B Water Management Condition
· Water demand reaches or exceeds 85% of delivery capacity for 4
consecutive days
6.6.1.1.3 Type C Water Management Condition
· Water demand approaches a reduced delivery capacity for all or
part of the system, as determined by DWU
Requirements for Termination:
Stage 1 may be terminated when Stage 1 conditions no longer exist and would be
unlikely to recur upon termination.
6.6.1.2 GOAL FOR USE REDUCTIONS AND ACTIONS AVAILABLE UNDER STAGE 1,
MILD
The goal for water use reduction under Stage 1, Mild, is a 1 percent reduction of
the use that would have occurred in the absence of drought contingency measures.
The purpose of actions under Stage 1 is to raise public awareness of potential
drought problems. The Director of Water Utilities or designee can order the
implementation of any of the actions listed below, as deemed necessary:
Voluntary_ Water Use Restrictions for Reducing Demand:
Following is a menu of possible actions. The Director of Water Utilities will
determine specific actions taken during any drought situation. The Director may
also take other actions not listed, if deemed necessary.
All Water Users
(a) Encourage reduction in frequency of watering new and first year landscaping
and foundations.
(b) Encourage only initial filling of ornamental fountains.
(c) Encourage reduction in frequency of washing or rinsing of vehicles and
recommend use of bucket/container, hand-held hose with positive shut-off
valve or commercial car wash.
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Water Conservation and Drought Contingency Plan City of Denton
(d) Encourage reduction in frequency in draining and refilling of swimming
pools.
(e) Encourage reduction in frequency of recreational water use including use of
faucets, hoses or hydrants.
City Government
(a) Initiate public education campaign teaching and encouraging reduced water
use practices.
(b) Intensify normal leak detection and repair activities on water pipes and mains.
(c) Encourage reduction of water use in city-owned ornamental fountains.
(d) Encourage reduction in landscape uses for parks and golf courses.
(e) Staff will begin review of the problems initiating Stage 1 actions and will
identify possible solutions to address the water shortage.
(f) Only flush newly constructed mains and mains that are essential for water
quality maintenance.
Commercial Customers
(a) Identify and encourage voluntary reduction measures by high-volume water
users.
(b) Encourage reduction in landscape uses for parks and golf courses.
(c) Encourage reduction in water use for landscape nursery stock.
Interruptible Customers
(a) Reduce usage for interruptible customers per contract terms.
Wholesale Customer Cities
(a) Encourage implementation of like procedures by wholesale customers.
NOTIFICATIONS
City of Denton
Notify major City departments, by telephone and follow-up memo, of
Water Awareness Stage #1 and request voluntary water use reduction.
Stress voluntary elimination of non-essential uses.
External Customers
Issue press release, radio and video public service announcement to
area media describing Water Awareness Stage #1 and the voluntary
restrictions that apply.
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Water Conservation and Drought Contingency Plan City of Denton
· Distribute water conservation materials to Denton Independent School
District, UNT, TWU and community groups if appropriate
· Post Water Awareness notices at public buildings including city
buildings, county buildings and the federal post office.
· Encourage reduction of water use through the publication of the
voluntary landscape watering schedule and request watering only
during off-peak hours.
Wholesale Customers
Advise wholesale customers by telephone and follow-up memo, of
Water Awareness Stage #1 and request voluntary water use reduction
consistent with actions taken by the City of Denton.
Penalties
No penalties enforced at this time.
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Water Conservation and Drought Contingency Plan City of Denton
6.6.2
Stage 2, Moderate
6.6.2.1 TRIGGERING CONDITIONS FOR STAGE 2, MODERATE
6.6.2.1.1 Type A Water Management Condition
· Total raw water supply in Denton and Dallas connected lakes
drops below 55% of the total conservation storage
6.6.2.1.2 Type B Water Management Condition
· Water demand reaches or exceeds 90% of delivery capacity for 3
consecutive days
6.6.2.1.3 Type C Water Management Condition
· Water demand equals a reduced delivery capacity for all or part of
the system, as determined by DWU
Requirements for Termination:
Stage 2 may be terminated when Stage 2 conditions no longer exist and would be
unlikely to recur upon termination.
6.6.2.2 GOAL FOR USE REDUCTION AND ACTIONS AVAILABLE UNDER STAGE 2,
MODERATE
The goal for water use reduction under Stage 2, Moderate, is a 5 percent reduction
of the use that would have occurred in the absence of drought contingency
measures. The Director of Water Utilities or his/her designee can order the
implementation of any of the actions listed below, as deemed necessary:
Water Use Restrictions for Demand Reduction:
Following is a menu of possible actions. The Director of DWU will determine
specific actions taken during any drought situation. The Director may also take
other actions not listed, if deemed necessary.
All Water Users
(a) Request that recreational water use including use of faucets, hoses or
hydrants, which use water in such a manner as to allow mn-off or other wastes
be limited to the day of week watering schedule.
(b) Request that washing of any motor vehicle, bike, trailer, boat or airplane be
limited to the day of week watering schedule.
(c) Request that all landscape watering be limited to the day of week schedule
between the hours of 6:00 PM to 10:00AM. Irrigation of landscaped areas
with hose-end sprinklers or automatic irrigation systems should be limited to
Sundays and Thursdays for customers with a street address ending in an even
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Water Conservation and Drought Contingency Plan City of Denton
(d)
(e)
number (0, 2, 4, 6 or 8) and for locations without addresses, and Saturdays and
Wednesdays for water customers with a street address ending in an odd
number (1, 3, 5, 7 or 9). Apartments, office building complexes or other
property containing multiple addresses may be identified by the lowest
address number. Irrigation of landscaped areas is permitted at anytime if it is
by means of a hand-held hose, a faucet filled bucket or drip irrigation system.
Request that irrigation of golf course greens, tees, and fairways be limited to
the day of week schedule.
Request that use of water to fill, refill, or add to any indoor or outdoor
swimming, wading, or jacuzzi pools be limited to the day of week schedule.
City Government
(a) Staff will begin review of the problems initiating Stage 2 actions and will
identify possible solutions to address the water shortage.
(b) Accelerate public education campaign teaching and encouraging reduced
water use practices.
(c) Restrict flushing of new mains not immediately required to provide service.
(d) Continue intensified leak detection and repair activities on water pipes and
mains.
(e) Prohibit operation of ornamental fountains by city government except where
necessary to support aquatic life or where such fountains or ponds are
equipped with a recirculation system.
(f) City government restricted to day of week watering schedule except for parks
and golf courses.
(g) Encourage day of week watering schedule for parks and golf courses.
(h) Increase enforcement efforts.
(i) Washing of any city vehicle, bike, or trailer, limited to the day of week
watering schedule.
(j) Prohibit excessive water run-off from any landscaped area onto streets, alleys,
or parking lots. Run-off is excessive when it goes ten (10) feet beyond the
property line.
(k) Use of water from fire hydrants limited to fire fighting, essential distribution
system
(1) Restrict the flushing of fire hydrants, blow offs and service connections for
new main construction by special permit only.
(m) Prohibit hosing off paved areas, buildings, windows or other surfaces.
Commercial Customers
(a) Identify and encourage voluntary reduction measures by high-volume water
users.
(b) Encourage further reduction in landscape uses for parks and golf courses.
(c) Encourage further reduction in landscape uses for nursery stock.
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Water Conservation and Drought Contingency Plan City of Denton
Interruptible Customers
(a) Reduce usage for interruptible customers per contract terms.
Wholesale Customers
(a) Require water demand reductions in accordance with contract obligations for
wholesale customers.
(b) Wholesale water systems asked to abide by City of Denton policy for both
internal operations and all retail customers. Reduction in rate of flow
controller settings by 10% -20% are optional.
NOTIFICATIONS
City of Denton
· By telephone and attached follow-up memo, notify all major City
department water users of Water Watch Stage #2 and the water use
restrictions under this stage. Instruct them to implement restrictions on
non-essential uses. Use city department contacts in Appendix F.
· Coordinate distribution of water emergency plan details, posters, and
handouts to customer service representatives, utility dispatch personnel
and Denton public access buildings.
Retail Customers
· TCEQ notified of Stage 2 restrictions.
· Issue press release, radio and video public service announcement to
area media describing Water Watch Stage #2 and the water use
restrictions under this stage. Keep media updated on the water
situation. Use media contacts listed in Appendix F.
· By telephone and follow-up letter, notify major area water users of
Water Watch Stage #2 and the restrictions that apply. Use plant
manager contacts listed in Appendix F
· Accelerate public education campaign to promote and encourage
efficient water use.
· If applicable, notify the U.S. Corp of Engineers by telephone and
follow-up letter of the Water Watch Stage #2 conservation measures.
Wholesale Customers
Advise wholesale customers by telephone and attached letter of the
actions taken by the City of Denton in response to Water Watch Stage
#2 and require the implementation of like procedures among their
customers. Wholesale customer cities shall either impose water use
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Water Conservation and Drought Contingency Plan City of Denton
restrictions equivalent to those imposed on Denton's retail customers
OR where applicable, Denton may reduce rate-of-flow controller
settings by 10% -20%. Use wholesale customer contacts in Appendix
F.
Penalties
· No penalties enforced at this time.
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Water Conservation and Drought Contingency Plan City of Denton
6.6.3 Stage 3, Severe
6.6.3.1 TRIGGEmNG CONDITIONS FOR STAGE 3, SEVERE
6.6.3.1.1 Type A Water Management Condition
· Total raw water supply in Denton and Dallas connected lakes
drops below 45% of the total conservation storage
6.6.3.1.2 Type B Water Management Condition
· Water demand reaches or exceeds 95% of delivery capacity for 3
consecutive days
6.6.3.1.3 Type C Water Management Condition
· Water demand exceeds a reduced delivery capacity for all or part
of the system, as determined by DWU
A major water line breaks, or a pump or system failure occurs,
which cause unprecedented loss of capability to provide treated
water service
· Natural or man-made contamination of the water supply
Requirements for Termination:
Stage 3 may be terminated when Stage 3 conditions no longer exist and would be
unlikely to recur upon termination.
6.6.3.2 GOAL FOR USE REDUCTION AND ACTIONS AVAILABLE UNDER STAGE 3,
SEVERE
The goal for water use reduction under Stage 3, Severe, is a reduction of 15
percent of the use that would have occurred in the absence of drought contingency
measures. If the circumstances warrant, the Director of Water Utilities or designee
can set a goal for greater water use reduction. The Director of Water Utilities or
his/her designee can order the implementation of any of the actions listed below,
as deemed necessary.
All Water Users
(a) Irrigation of landscaped areas shall be limited to the day of week watering
schedule between the hours of 6:00 PM and 10:00 AM. Irrigation of
landscaped areas with hose-end sprinklers or automatic irrigation systems
shall be limited to Sundays and Thursdays for customers with a street address
ending in an even number (0, 2, 4, 6 or 8) and for locations without addresses,
and Saturdays and Wednesdays for water customers with a street address
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Water Conservation and Drought Contingency Plan City of Denton
ending in an odd number (1, 3, 5, 7 or 9), and irrigation of landscaped areas is
further limited to the hours of 12:00 midnight until 10:00 a.m. and between
8:00 p.m. and 12:00 midnight on designated watering days. Apartments, office
building complexes or other property containing multiple addresses may be
identified by the lowest address number. Irrigation of landscaped areas is
permitted at anytime if it is by means of a hand-held hose, a faucet filled
bucket or drip irrigation system.
(b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane
other vehicle not occurring on the premises of a commercial car wash and
commercial service stations and not in the immediate interest of public health,
safety, and welfare is prohibited. Further, such vehicle washing at commercial
car washes and commercial service stations shall occur only between the
hours of 6:00 PM to 10:00 AM.
(c) The filling, refilling, or adding of water to swimming pools, wading pools,
and Jacuzzi type pools is is restricted to the day of week watering schedule.
(d) Foundations may be watered for a two-hour period during off-peak hours with
soaker or hand-held hose equipped with a positive shutoff nozzle on the
watering schedule.
(e) Operation of any ornamental fountain or pond for aesthetic or scenic purposes
is prohibited except where necessary to support aquatic life or where such
fountains or ponds are equipped with a recirculation system
(f) No application for new, additional, expanded, or increased-in-size water
Service connections, meters, service lines, pipeline extensions, mains, or
water service facilities of any kind shall be approved, and time limits for
approval of such applications are hereby suspended for such time as this
drought response stage or a higher-numbered stage shall be in effect.
(g) Permitting of new swimming pools, hot tubs, spas, ornamental ponds and
fountain construction is prohibited.
(h) Prohibit excessive water run-off from any landscaped area onto streets, alleys,
or parking lots through code enforcement warnings. Run-off is excessive
when it extends beyond ten (10) feet of the property line.
City Government
(a) Wet street sweeping and city vehicle washing or rinsing is prohibited.
(b) Municipal landscape watering prohibited except golf courses (see below).
(c) Watering of golf course greens and tee boxes restricted to off-peak hours;
watering of other golf course areas and parks is prohibited.
(d) Department staff implement a self audit and limit computerized water usage
of city owned golf course greens, tees, fairways, sports facilities and
recreation areas by 20% to 30% between the hours of 6pm to 10am on the
posted five-day watering schedule. Watering with a hand-held hose, or bucket
can be done anytime.
(e) Discontinue use of water for new water line construction purposes from fire
hydrants, blow offs and service connections.
27
Water Conservation and Drought Contingency Plan City of Denton
Commercial Customers
(a) Restrict watering of golf course greens and tee boxes restricted to off-peak
hours; watering of other golf course areas and parks is prohibited unless the
golf course utilizes a water source other than that provided by the City of
Denton.
(b) Watering of nursery plant stock restricted to designated off-peak hours and the
day of week watering schedule.
Interruptible Customers
(a) Service to interruptible customers is temporarily suspended.
Wholesale Customers
(a) Same external restrictions apply to wholesale suppliers.
NOTIFICATIONS
City of Denton
Coordinate dissemination of water conservation plan details, posters,
and handouts to customer service representatives, utility dispatch
personnel and public access buildings.
By telephone and attached follow-up memo, notify all major City
department users of Water Warning Stage #3 and of the water use
restrictions under this stage. Instruct them to eliminate non-essential
uses including street and vehicle washing and operation of ornamental
fountains, and to implement restrictions on essential uses. Use same
contacts as those listed in Appendix F.
Retail Customers
· TCEQ notified of Stage 3 restrictions.
· Issue press release, radio and video public service announcement to
area media describing Water Warning Stage #3 and the water use
restrictions under this stage. Keep media updated on the water
situation. Use same media contacts as those in Appendix F.
· By telephone and follow-up letter, notify major water users of Water
Warning #3 and the mandatory water use reduction. Use contacts
listed in Appendix F.
· Post Water Warning notices at public buildings including city
buildings, county buildings, and the federal post office.
· If applicable, notify U.S. Corps of Engineers by telephone and
attached letter of the Water Warning Stage #3 conservation measures.
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Water Conservation and Drought Contingency Plan City of Denton
Wholesale Customers
Advise wholesale customers by telephone and attached letter of the
actions taken by the City of Denton in response to Water Warning
Stage #3 and require the implementation of like procedures among
their customers. Wholesale customer cities shall either impose water
use restrictions equivalent to those imposed on Denton's retail
customers OR where applicable, may reduce rate-of-flow controller
settings by 20% -30%. Use wholesale customer contacts listed in
Appendix F.
Penalties
· Initiate a 20% rate increase for residential customers for water usage
greater than 30,000 gallons per account per 30 days.
· Impose a 20% surcharge penalty for commercial and industrial
customers for monthly water use above 80% of prior billing volumes
for a 30-day period.
· Initiate code enforcement fines for any violation of the Drought
Contingency Plan.
29
Water Conservation and Drought Contingency Plan City of Denton
6.6.4
Stage 4, Emergency
6.6.4.1 TRIGGERING CONDITIONS FOR STAGE 47 EMERGENCY
6.6.4.1.1 Type A Water Management Condition
· Total raw water supply in Denton and Dallas connected lakes
drops below 30% of the total conservation storage
6.6.4.1.2 Type B Water Management Condition
· Water demand reaches or exceeds 98% of delivery capacity for 2
consecutive days
6.6.4.1.3 Type C Water Management Condition
· Water demand seriously exceeds a reduced delivery capacity for
all or part of the system, as determined by DWU
6.6.4.1 GOAL FOR USE REDUCTION AND ACTIONS AVAILABLE UNDER STAGE
EMERGENCY
The goal for water use reduction under Stage 4, Extreme, is a reduction of 25
percent of the use that would have occurred in the absence of drought contingency
measures.
Requirements for Termination:
Stage 4 may be terminated when Stage 4 conditions no longer exist and would be
unlikely to recur upon termination.
All Users
(a) Irrigation of landscaped areas is absolutely prohibited.
(c) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or
other vehicle is absolutely prohibited.
(c) Prohibit use of water from fire hydrants to fire fighting, essential distribution
system maintenance and related activities.
(d) Nurseries shall water plant stock only between the hours of 6 PM and 10 AM
and must also adhere to the day of week watering schedule.
(e) Residents shall limit foundation watering to a two-hour period on the day of
week watering schedule between 6 PM to 10 AM with soaker or hand-held
hose only.
(f) Service to interruptible customers is temporarily suspended
(g) Request a 25% reduction of indoor water uses.
(h) Prohibit permitting of new swimming pools, hot tubs, spas, ornamental ponds,
and fountain construction.
30
Water Conservation and Drought Contingency Plan City of Denton
NOTIFICATIONS
City of Denton
· By telephone and attached follow-up memo, notify all major City
department water users of Water Emergency Stage #4 and of the water
use restrictions under this stage. Instruct them to eliminate non-
essential uses and to implement restrictions on essential uses. Use
department contacts listed in Appendix F.
· Coordinate dissemination of water conservation details, posters, and
handouts to customer service representatives, utility dispatch personnel
and Denton public access buildings.
Retail Customers
· TCEQ notified of Stage 4 restrictions.
· Issue press release, radio and video public service announcement to
area media describing Water Emergency Stage #4 and the water use
restrictions under this stage. Keep media updated on the water
situation. Use same media contacts as those in Appendix F.
· Post Water Emergency notices at public buildings, including city
buildings, county buildings, and the federal post office.
· By telephone and follow-up letter, notify major area water users of
Water Emergency Stage #4 and mandatory cessation of all outside
watering. Use plant manager contacts listed in Appendix F.
· If applicable, notify U.S. Corps of Engineers by telephone and
attached letter of the Water Emergency Stage #4 conservation
measures.
Wholesale Customers
Advise wholesale customers by telephone and attached letter of
actions being taken by the City in response to Water Emergency Stage
#4 and mandatory implementation of similar procedures among their
customers. Wholesale customer cities shall impose water use
restrictions equivalent to those imposed on Denton's retail customers
or, where applicable, reduce their rate-of-flow controller settings by a
percentage determined by the Director of Water Utilities. Appendix F
lists wholesale customers that need to be contacted.
Penalties
· Impose a 20% rate increase for residential customers for water usage
greater than 15,000 gallons per account per 30 days).
31
Water Conservation and Drought Contingency Plan City of Denton
· Impose a 20% surcharge penalty for commercial and industrial
customers for monthly water use above 70% of prior billing volumes
for a 30-day period.
· Initiate code enforcement fines for any violation of the Drought
Contingency Plan.
Water Allocation
Retail Customers: During Stages 3 and 4 of the Drought Contingency Plan, the City
may impose a retail water rate increase to discourage water use. Rates for residential
customer usage more than 30,000 gallons per 30 days per account in Stage 3 or above
15,000 gallons per 30 days per account in Stage 4 may be increased by as much as twenty
percent (20%). A similar twenty percent (20%) rate increase for commercial and
industrial customers may be imposed for use exceeding 80% (Stage 3) and 70% (Stage 4)
of prior billing volumes per 30-day period.
Wholesale Customers: In the event that the triggering criteria specified in Section 6 of
the Plan for Stage 4 have been met, the Director is hereby authorized to initiate allocation
of water supplies on a pro rata basis in accordance with the latest revision of Texas Water
Code Section 11.039. Texas Water Code Section 11.039, Distribution of l/Vater During
Shortage, states:
ao
If a shortage of water in a water supply not covered by a water conservation
plan prepared in compliance with Texas Natural Resource Conservation
Commission or Texas Water Development Board rules results from drought,
accident, or other cause, the water to be distributed shall be divided among
all customers pro rata, according to the amount each may be entitled to, so
that preference is given to no one and everyone suffers alike.
(b)
If a shortage of water in a water supply covered by a water conservation
plan prepared in compliance with Texas Natural resource Conservation
Commission or Texas Water Development Board rules results from drought,
accident, or other cause, the person, association of person, or corporation
owning or controlling the water shall divide the water to be distributed
among all customers pro rata, according to:
(1) the amount of water to which each customer may be entitled; or
(2) the amount of water to which each customer may be entitled, less the
amount of water the customer would have saved if the customer had
operated its water system in compliance with water conservation plan.
(c)
Nothing in Subsection (a) or (b) precludes the person, association of persons
or corporation owning or controlling the water from supplying water to a
person who has a prior vested right to the water under the laws of this state.
32
Water Conservation and Drought Contingency Plan City of Denton
DWU may curtail water deliveries or reduce diversions in accordance with the terms and
conditions of its wholesale water supply contracts. If necessary, or if specific contract
provisions are not provided for, DWU may curtail water deliveries or reduce diversions
in accordance with Texas Water Code Section 11.039. DWU will have authority to
restrict flow to its wholesale water customers through the rate-of-flow controllers.
The Director will establish pro rata water allocations, determined as a percentage
reduction of the wholesale customer's water usage, at the time of implementation. The
total volume reduction for each wholesale customer will be calculated monthly, based on
average water usage for the previous three years. The Director will establish the
percentage reduction based on an assessment of the severity of the water shortage
condition and the need to curtail water diversions and/or deliveries, and the percentage
reduction may be adjusted periodically by the Director. Once pro rata allocation is in
effect, water diversions by, or deliveries to, each wholesale customer will be limited to
the allocation established for each month.
6.7 Procedures for Enforcement of Mandatory Restrictions
Violations: A person commits an offense if he or she knowingly makes, causes, or
permits a use of water contrary to the measures implemented in the Drought Contingency
Plan. It is presumed that a person has knowingly made, caused, or permitted use of water
contrary to the measures implemented if the mandatory measures have been implemented
according to the Plan and any one of the following conditions apply:
· The Drought Contingency Plan prohibits the manner of use.
· The amount of water used exceeds that allowed by the Drought Contingency Plan
· The manner of use or the amount used violates the terms and conditions of a
compliance agreement made following a variance granted by the ACM/Utilities.
· Any person in apparent control of the property where a violation occurs or
originates shall be presumed to be the violator, and proof that the violation occurred
on the person's property shall constitute a rebuttable presumption that the person in
apparent control of the property committed the violation, but any such person shall
have the right to show that he/she did not commit the violation. Parents shall be
presumed to be responsible for their minor children and proof that a violation,
committed by a child, occurred on the property within control of the parents shall
constitute a rebuttable presumption that the parent committed the violation. But, any
such parent may be excused if he/she proves that he/she had previously directed the
child not to use the water as it was used in violation of this Plan and that the parent
could not have reasonably known of the violation.
· Any Code Enforcement Officer, Police Officer, or other city employee designated
by the Assistant City Manager/utilities, may issue a citation to a person he/she
reasonably believes to be in violation of this Ordinance. The citation shall be
prepared in duplicate and shall contain the name and address of the alleged violator,
if known, the offense charged, and shall direct him/her to appear in municipal court
on the date shown on the citation.
33
Water Conservation and Drought Contingency Plan City of Denton
First Violation: Customers receive a written warning that they have violated restrictions.
Subsequent Violations: Any person who violates this Plan is guilty of a misdemeanor
and, upon conviction, shall be punished by a fine of not more than $2,000. Each day that
one or more provisions in this Plan is violated shall constitute a separate offense.
Flow restrictors may be placed in lines after two violations have occurred to limit the
amount of water passing through the meter in a 24-hour period. The City of Denton
Utilities reserves the right to temporarily cancel water service to the customer until the
situation can be resolved.
6.8 Procedures for Granting Variances
Granting a Variance: The ACM/Utilities may grant variances from the Drought
Contingency Plan in special cases to persons demonstrating extreme hardship and need.
In order to obtain a variance, the applicant must sign a compliance agreement on forms
provided by the ACM/utilities and approved by the City Attorney. The applicant must
agree to use the water only in the amount and manner permitted by the variance. A
variance must meet the following conditions:
· Granting of a variance must not cause an immediate significant reduction in the
City's water supply.
· The applicant must demonstrate that the extreme hardship or need is related to the
health, safety, or welfare of the person requesting it.
· The variance will not adversely affect the health, safety, or welfare of other persons.
No variance is retroactive nor can it justify any violation of this Drought
Contingency Plan before its issuance.
Revoking a Variance: The ACM/utilities may revoke a variance granted when the
Director of Water Utilities determines any one of the following:
· Conditions causing initial issuance of the variance are no longer applicable.
· Violation of the terms of the compliance agreement.
· The health, safety, or welfare of other persons requires revocation.
Wholesale Customer Variances: The ACM/utilities may grant variances from the
Drought Contingency Plan to wholesale water customers in special cases. Wholesale
water customers may request reduced variance allocations for the following conditions:
The designated period does not accurately reflect a wholesale customer's normal
water usage.
The customer agrees to transfer part of its allocation to another wholesale customer.
Other objective evidence demonstrates that the designated allocation is inaccurate
under present conditions. In order to grant a variance, the applicant must sign a
compliance agreement on forms provided by the ACM/utilities and approved by
the City Attorney. No variance shall be retroactive or otherwise justify any violation
of this Drought Contingency Plan occurring before the issuance of the variance.
34
Water Conservation and Drought Contingency Plan City of Denton
6.9 Coordination with the Regional Water Planning Group
The City of Denton is located within the Region C water planning area. Appendix E
includes a copy of a letter sent to the Chair of the Region C Water Planning Group
(RCWPG) along with the water conservation and drought contingency plan.
6.10 Review and Update of Drought Contingency Plan
As required by TCEQ roles, the City of Denton will review this drought contingency
plan every five years, beginning in 2009. The plan will be updated as appropriate based
on new or updated information. As the plan is reviewed and subsequently updated, a copy
of the revised Drought Contingency Plan will be submitted to the TCEQ and the RCWPG
for their records.
35
Water Conservation and Drought Contingency Plan City of Denton
7.0 Severability
The City of Denton Public Utility Board agrees that sections, paragraphs, sentences,
clauses, and phrases of this Drought Contingency Plan are severable. If any phrase,
clause, sentence, paragraph, or section of this Drought Contingency Plan is declared
unconstitutional by the valid judgement or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, and sections of this Drought Contingency Plan, since the same would not
have been enacted by the City of Denton Public Utility Board without the incorporation
into this Drought Contingency Plan of any such unconstitutional phrase clause, sentence
paragraph, or section.
36
CITY OF DENTON, TEXAS
PUBLIC UTILITIES BOARD MEETING AGENDA
APRIL 11, 2005
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, April 11, 2005 at
9:04 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
Street, Denton, Texas.
Present:
Bill Cheek, Phil Gallivan, George Hopkins, Charldean Newell
EX OFFICIO MEMBERS
Mike Conduff, City Manager
Howard Martin, ACM/Utilities
Excused:
John Baines
Bob Bland
Dick Smith
ITEMS FOR INDIVIDUAL CONSIDERATION:
4) Consider and recommend approval of the 2005 update to the "Water Conservation and
Drought Contingency Plan".
Tim Fisher, Assistant Director of Water Utilities presented the update.
Board Member Bill Cheek suggested that staff responsible for irrigation of City
Government landscape, such as parks and golf courses, become familiar with the
updated goals of Denton's 2005 Water Conservation and Drought Contingency
Plan. Cheek explained that citizens would become more vigilant of the City's
efforts to comply with the revised Water Conservation Plan following the
education campaign.
Hopkins stated that the restriction of water meter connections, resulting from Stage
3 conditions, appears to be mandatory. Fisher explained that the preamble to the
menu states that the Director of Water Utilities can order the implementation of any
of the actions as deemed necessary.
Board Member Charldean Newell suggested that the 2005 Drought Contingency
Plan include a provision stating that in the event of a Stage 4 landscape and
watering restriction, the City should temporarily-suspend the landscape ordinance
pertaining to new construction. She explained that the City should not require
people to put in landscaping that may not survive a crisis period. Fisher explained
that the City would refuse to set meters during critical periods. The City could then
Page 1 of 2
EXHIBIT 4
issue a temporary CO with a punch list of items stating that once the City hits a
Stage 3 with a certain lake-level, the City will re-evaluate
Discussion of irrigation systems ensued, with the Board Members concerned that
some sprinkler systems do not allow for setting irrigation at intervals versus days.
The Board Members agreed that it would be simpler to set timers for days of the
week.
Example:
· For addresses ending in 0,2,4,6, or 8 (Even) watering is limited to Sundays and Thursdays
· For addresses ending in 1,3,5,7, or 9 (Odd) watering is limited to Saturdays and Wednesdays
Hopkins asked if a four-day watering schedule would put undue strain on the City's
ability to render that kind of volume over a four-day period. Fisher explained that
Demon's demand peaks on Mondays and Fridays, so it would be more of a
convenience advamage by giving everyone one day on the weekend and one day
during the week.
Hopkins pointed out that a two-day watering schedule would be easier to enforce than the existing
five-day watering schedule. The current five-day schedule starts on a certain day of the month,
based on the last digit of the address. Watering is allowed every 5th day.
Hopkins moved approval of the plan subject to revisions to include a day of
the week watering schedule instead of the existing 5-day watering schedule,
with a second from Cheek. The motion was approved by a vote of 4-0.
Charldean Newell, Chairperson
Howard Martin, ACM/Utilities
Lynn Pedrick, Secretary
Page 2 of 2
CITY OF DENTON CITY COUNCIL MINUTES
March 22, 2005
After determining that a quorum was presem, the City Council convened in a Work Session on
Tuesday, March 22, 2005 at 4:00 p.m. in the Council Work Session Room.
PRESENT:
Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery,
Mulroy, Redmon and Thomson.
ABSENT: None
Item #2 was considered.
2. The Council received a report, held discussion, and gave staff direction regarding the Fry
Street Fair.
Mayor Brock questioned if the vote on the noise exception would decide whether the Fry Street
Fair would even take place.
City Manager Conduff stated that the noise exception was a formality that was needed in the
evem that the Fair moved forward. Council could approve the db level and something else might
not be resolved so that the Fair could not take place. Council could also table the noise
exception umil all information regarding the Fair was received.
Mayor Brock indicated that there were many parameters that had to be set in order to have the
Fair.
City Manager Conduff stated that those would be part of this discussion and direction to staff.
Mayor Pro Tem McNeill asked about when the fees associated with the Fair had to be paid.
Rick Jones, Fire Marshal, stated that any fees for permits associated with the Fair had to be paid
up from. No permit would be issued umil the fees had been paid. Some of the permits
associated with the Fair included a carnival permit, vendor permits, and health permits.
Council Member Mulroy asked if a safety plan been developed and submitted.
Jones stated that the first draft had been submitted but that the working document had not been
approved.
Anna Campbell, representing the Delta Lodge, stated that they were asking for the closing of
certain streets in the Fry Street area in order to hold the Fair. She felt that the Fair benefited not
only the Delta Lodge but the community as well. It was a good benefit to businesses in the area
and they had expressed overwhelming support for the Fair. Area charities also benefited with
10-20% of the profits going for charities. Over the last 10 years $50,000 had been donated to
charities by the Delta Lodge as confirmed by their CPA audit. The Fair also benefited local
musicians, vendors and artists. It was felt that the last few fairs were too big and that there was a
need to bring the size back down. This year they were looking for only 5,000 attendees. No
national bands had been booked, they were not advertising in Dallas or Fort Worth and there
would be no TV or billboard ads. In Demon only fliers and ads in the paper would be done. The
majority of area business owners supported the Fair. The Lodge was requesting the closing of
City of DeNon City Council Minutes
March 22, 2005
Page 2
Fry Street, Hickory Street and Avenue A and Mulberry Street. The Fair itself would only be on
Fry Street. The other streets would be closed at the request of the Police Department and Fire
Department for the overflow attendees. Of the 56 signatures needed from businesses and
homeowners in the area, 55 signed in favor of the Fair, 1 signed against the Fair and 5 abstained.
Those signatures included some individuals who did not have businesses on Oak Street. The
Lodge was working with the Fire Department, Police Department and the UNT Police
Department and was going to comply with every request made of them. They would be
attending a seminar for the security team with the Fire Department for procedures for
emergencies, etc. The Fair would only be on Fry Street and Delta Lodge property. She detailed
security stations, vending booths, the fenced area, stage areas, wheelchair accessibility, fire lanes
and emergency aid stations. A coNingency plan was being developed in case of severe weather.
Emergency numbers would be posted for individuals to call if needed. Even parking would be
provided by UNT on Welch Street and clean up would be done by the Lodge following the Fair.
Council questions included:
Parking would be provided on the UNT lots on Welch - yes
All the information preseNed at this meeting was included in the Lodge's safety plan -
yes
Extent of Hickory that was going to be blocked - Avenue B to Welch
Would bands be playing in the area clubs - that would be up to the clubs
How long would Hickory be closed - that was up to the police and fire departments
What was the charge to enter the Fair - $10 per person
Did the Lodge have the budget cover all fees - yes
Contributions to charities done on the gross or net - on net
One business had lost a quite a lot of money in prior years and could the Lodge
compensate that business - could do if needed but could not make promises on how
much might make.
Jones stated that the security training would be done with police department. He stated that the
Lodge had applied for a fair and carnival permit which coNained certain criteria for this type of
eveN. One requiremeN was a safety plan. The logistics of the public safety plan were still being
finalized. He had met with the Lodge on-site to negotiate placement of the stages. The
overlying need was for spillage of the even and what do with people who were not in fenced
area plus what overtime issues would be picked up by the City.
Council Member Mulroy asked about a mechanism to recover added police departmeN costs.
Jones stated that as the amount of spillage was an unknown factor, it would be difficult to
determine at this time.
Mayor Brock asked how the events on the Square and Jazzfest paid for the extra costs for those
events.
Jones replied that the Fire Department included those as part of the normal budget and adjusted
man-hours with extra officers on duty. Jazzfest provided some compensation but not enough to
cover 100%.
City of DeNon City Council Minutes
March 22, 2005
Page 3
Council Member Thomson asked about the outstanding security bill due UNT from the 2002
event.
Chief Dieter, UNT Police Department, stated that there was still an outstanding payment from
the 2002 Fair. The University's position was that the outstanding amount had to be paid before
the date of this Fair along with 50% of the cost to police the offsite parking lots. The remaining
50% would be paid following the Fair. UNT would also have to be named on an insurance
policy of at least $5 million. At this time it had not been determined if UNT would charge for
parking on the lots.
Mayor Brock asked if Council would be looking at the Fair request again other than the noise
exception listed on the agenda for this meeting.
City Manager Conduff stated that Council could have input on the process by designating a
Council subcommittee to help facilitate the process.
Council discussed the timing of the event and the amount of preparation involved in a short
period of time; concerns relating to overflow of attendees in the area outside the actual event site;
hours for the even and cleanup time; paymeN to the city for security for the overflow of
attendees and timing of that payment.
Council Members Montgomery, Kamp and Thomson volunteered to serve on the committee.
Consensus of Council was to form a council committee to work with staff for solutions to the
outstanding issues associated with the Fair. Staff would look into adding the City to the
insurance policy. Committee participation would help expedite the process but would not design
the Fair. The City and the committee would not presume liability as designers of the Fair.
1. The Council received a report, held a discussion and gave staff direction concerning
County-funding issues.
City Manger Conduff stated that Council had requested this session relative to issues related to
county funding. There were three areas of concern including public safety, teen court, and the
library.
Ross Chadwick, Fire Chief, preseNed information concerning county funding for fire/EMS
services. He indicated that 13 jurisdictions in DeNon County received funding from the County
that did not provide any services. He felt that the funding formula needed to be revisited and that
the Council might contact Commissioners Court regarding the issues. Another concern was that
costs of service coNinued to rise with no County increase in paymeNs which resulted in city
resideNs subsidizing the county funding for services they did not receive.
Council Member Mulroy asked how the city was coNractually bound.
Chief Chadwick replied that the City had a curreN coNract with the County and would coNinue
to honor that contract but would take a hard look at next year's contract.
City of Demon City Council Minutes
March 22, 2005
Page 4
Council discussed the county formula for funding and the amoum of money that was going to
cities that did not provide any services.
Chief Chadwick felt that there needed to be a united from to go to Commissioners Court
regarding the funding formula.
City Manger Conduff stated that staff would prepare commems and documemation to bring
forward to Council to presem to Commissioners Court.
Eva Poole, Director of Library Services, presemed information on county funding for libraries.
She stated that the history of funding per capita had remained the same for many years. The city
funding proposal for this year asked for $1.20 per capita but was told that the County funding
would be $1.10 per capita with no matching gram. Two options for Council to consider included
(A) - accept the county funding allocation for library services or (B) - not accept the county
funding allocation with the Library Board to develop an equitable non-residem fee to be
approved by Council.
Council Member Momgomery asked why the County cominued to reduce funding.
Poole replied that the County's argumem was that this was a non-mandated service that they did
not have to provide.
Consensus of the Council was to not accept county funding and charge non-residents for the
service. The Library Board would determine the amount of the charge to recommend to Council.
A report to the Court would be prepared to inform the Commissioners on what the city was
proposing to do. The possibility of partnering with the DISD would also be explored, as there
were a growing number of DISD studems who lived in the school district but out of the city
limits who would use library services.
Roland Jones, Executive Director of Juvenile Diversionary Services and Administrator for Teen
Court, presented a brief history of the teen court. This year Commissioners Court cut all funding
to the Teen Court. Participants in Teen Court provided community service, which was of great
value to the city. With prior county funding, there were many other court participants. Currently
only the City participated in the program. Highland Village was proposing to assist Denton with
funding and warned to cominue with the program. The City had always provided in-kind
resources and money at 2/3's of the cost of the program with the county providing 1/3 of the
costs.
City Manager Conduff noted that the majority of cases in Teen Court involved DISD studems.
Jones indicated that the program had not received any funding from the DISD since 1995.
$60,000 would be needed to fund the program for next year.
City Manager Conduff stated that the City could work with the DISD and the County to try and
get them involved in the process. Other options would be for the City to fund the full $60,000
out of the city budget in order to keep the program going or not fund the program at all for next
year.
City of DeNon City Council Minutes
March 22, 2005
Page 5
Council Member Montgomery suggested asking Judge Whitten to work with the city to approach
individuals for funding.
Consensus of the Council was to approach Commissioners Court, the DISD and other
communities to assist with the funding.
2. Staff responded to requests for clarification of Consent Agenda items listed on the
Consem Agenda for March 22, 2005.
Following the completion of the Work Session the Council considered the following in Closed
Session:
1. Closed Meeting:
mo
Deliberations regarding personnel matters - Under TEXAS GOVERNMENT
CODE Section 551.074.
Deliberated and discussed employmem evaluation of the City Manager,
City Attorney, and Municipal Court Judge relating to the establishment of
performance measures for such City Council appoimees, including matters
relating to duties and discipline.
Bo
Consultation with Attorney -- Under TEXAS GOVERNMENT CODE Section
551.071
Discussed and considered legal issues concerning graining a cable
franchise to the University of North Texas to construct, reconstruct,
operate and maintain a cable television system in the City of Denton
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.
Regular Meeting of the City of DeNon City Council on Tuesday, March 22, 2005 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. March Yard-of-the-Month Awards
Mayor Brock presented Yard of the Month Awards to:
City of DeNon City Council Minutes
March 22, 2005
Page 6
Ethelyn Davis
The Goldbergs
Bill and Monica Moen
Sophia Bernal and Pierre Christian
Water Smart - Roger and Teresa Lane
Business - Denton Good Samaritan - Hinkle Drive
B. Recognition of staff accomplishments
City Manager Conduffpresemed staff accomplishmems to the Council.
3. CONSENT AGENDA
McNeill motioned, Thomson seconded to pull Item I and consider it at a later date after
committee review and recommendation. On roll vote, Kamp "aye", McNeill "aye", Montgomery
"aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried
unanimously.
Mulroy motioned, Kamp seconded to approve the Consent Agenda and accompanying
ordinances with the exception of Item I. On roll vote, Kamp "aye", McNeill "aye", Montgomery
"aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried
unanimously.
2005-085 - An ordinance of the City of DeNon, Texas authorizing the Mayor to
execute an Interlocal Cooperation Agreement between the City of Denton, Texas
and Denton County, Texas regarding the use of the rights of way for Denton
County's Fiber Optic System; and providing an effective date.
2005-086 - An ordinance authorizing the City Manager to accept an Imerlocal
Agreement with Mustang Special Utility District to authorize participation in
various City of DeNon comracts for the purchase of various goods and services;
authorizing the expenditure of funds therefor; and declaring an effective date (File
3321 - Imerlocal Agreemem with Mustang Special Utility District).
2005-087 - An ordinance authorizing the financing for the purchase of three self
check machines for the Denton Public Library System through a lease purchase
financing agreemem; providing for the expenditure of funds therefor; and
providing an effective date (File 3314 - Lease Purchase of Self Check Machines
approximate finance charges of $4376.56).
2006-088 - An ordinance approving the expenditure of funds for the purchase of
three self check machines for the DeNon Public Library System available from
only one source in accordance with the provision for state law exempting such
purchases from requirements of competitive bids; and providing an effective date
(File 3313 - Purchase of Self Check Machines for the DeNon Public Library
System awarded to 3M Library Systems in the amoum of $69,440).
City of DeNon City Council Minutes
March 22, 2005
Page 7
mo
2005-089 - An ordinance authorizing the City Manager or his designee to execute
a Professional Services AgreemeN with the firm of Schrickel, Rollins and
Associates, Inc. to provide professional design and landscape architecture services
for the Cedar Street Streetscape Improvements; authorizing the expenditure of
funds therefor; and providing an effective date (RFSP 3215 in an amouN not to
exceed $123,000).
Fo
2005-090 - An ordinance of the City of DeNon, Texas approving an AgreemeN
between the City of Denton and the North Texas Umpire Association; approving
the expenditure of funds for the purchase of certified softball officiating services
available from only one source in accordance with the provisions of the state law
exempting such purchases from the requirements of competitive bids; and
providing an effective date (File 3315 - AgreemeN with North Texas Umpire
Association in the amouN of $40 per game for an estimated award of $44,000).
Go
2005-091 - An ordinance of the City of DeNon, Texas authorizing the City
Manager to execute a Third Amendment to Professional Services Agreement for
engineering services and related services to approved electrical power system
construction projects for Denton Municipal Electric with SGS Witter, Inc.;
authorizing the expenditure of funds therefor; and providing an effective date.
The Public Utilities Board recommended approval with a vote of (5-0).
Ho
205-092 - An ordinance of the City of DeNon, Texas amending the provisions of
Section 26-128 of the City of DeNon Code of Ordinances; providing for
clarification and amendmeN of the provisions for Losses Resulting from Hidden
Water Leaks; providing for a repealer; providing for a severability clause; and
providing for an effective date.
This item was not considered - a request for an exception to the Noise Ordinance
for the purpose of a music festival, Fry Street Fair, conducted by Delta Lodge, in
the area of Fry Street, behind Lucky Lou's, and the backyard of the Delta Lodge.
The even is to be on Saturday, April 23, 2005, from 12:00 noon to 10:00 p.m.
The exception is specifically requested for an increase in the maximum allowable
decibels for an outdoor music festival from 70 decibels to 80 decibels.
Jo
Approved an exception to the Noise Ordinance for the purpose of a music festival,
Wake Up 2005 Festival, in the North Texas Fairgrounds. The even is to be held
on Saturday, April 2, 2005 from 12:00 noon to 11:00 p.m. The exception is
specifically requested for an increase in the maximum allowable decibels for an
outdoor music festival - from 70 decibels to 75 decibels.
Ko
Approved a tax refund for the following property:
Tax
Name Reason Year Amount
~i~ SupP~ ~ang~ 2004 $ ~8 2~
Lo
2005-093 - An ordinance approving an assignmeN of leasehold iNerest in an
airport lease from JVC Real Estate, LLC to Dennis R. and Carla M. Frisbee for
property located at 4730 Lockheed Lane at the Denton Municipal Airport; and
City of Demon City Council Minutes
March 22, 2005
Page 8
providing an effective date. The Airport Advisory Board recommends approval
(6-0).
Mo
2005-094 - An ordinance of the City of Demon, Texas amending the Fiscal Year
2004-2005 Budget and Annual Program of Services of the City of Demon to
allow for an adjustmem of six thousand five hundred dollars ($6,500) to provide
for the paymem of expenses incurred for the review of a cable television franchise
application by University of North Texas; declaring an emergency; providing for
publication of this ordinance; and providing an effective date.
No
2005-095 - An ordinance of the City of Demon, Texas amending the Fiscal Year
2004-2005 Budget and Annual Program of Services of the City of Demon to
allow for an adjustmem of six thousand dollars ($6,000); declaring an emergency;
approving the amendment of the CY 2005 hotel tax funding agreement with the
Demon Chamber of Commerce; providing for publication of this ordinance; and
providing an effective date. (The HOT Committee approved this item by a vote of
3-0).
Oo
2005-096 - An ordinance of the City of Demon, Texas, declaring that upon the City
Secretary's certification that the candidates for Districts 2 and 4 - Pete Kamp and
Perry McNeill - are unopposed and are elected to office; requiring the City
Secretary to post an Order of Cancellation in both English and Spanish; and
declaring an effective date.
Po
2005-097 - An ordinance of the City of Demon, Texas authorizing settlemem of
an eminem domain action styled City of Denton, Texas v. Ed Wolski, Trustee, et
al, Cause No. ED-2003-01177, filed in the probate court of Denton County;
authorizing the City Manager and the City's attorneys to act on the City's behalf
in executing any and all documents, and to take other actions necessary to finalize
the settlement; authorizing the expenditure of funds therefore; and declaring an
effective date.
Qo
2005-098 - An ordinance of the City of Demon abandoning and vacating a 0.08
acre Public Utility easemem, recorded in Volume 974, Page 156, Deed Records of
Demon County, Texas, a 0.07 acre Public Utility easemem, recorded in Volume
974, Page 152, Deed Records of Demon County, Texas, and a 16' public utility
easement tract, recorded in Volume 974, Page 154, Deed Records of Denton
County, Texas; and providing an effective date.
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance of the
City of Demon, Texas, providing for a zoning change to create an overlay district consisting of a
historic conservation overlay district being generally located on the east and west sides of Bell
Avenue, south of Sherman Drive and north of University Drive; amending Chapter 35,
Subchapter 7 of the City of Demon Code of Ordinances, "Demon Developmem Code," "Special
purpose and overlay districts" to add section 35.7.7 "Bell Avenue Historic Conservation District"
providing for the creation of Bell Avenue Historic Conservation Overlay District and regulation;
City of DeNon City Council Minutes
March 22, 2005
Page 9
such overlay district establishes differem regulations to help conserve the historic, architectural,
and cultural attributes of the district; providing for a severability clause; providing for a penalty
in the maximum amoum of $2,000.00 for violations thereof; and providing a severability clause
and an effective date. The Historic Landmark Commission recommended approval (5-0). The
Planning and Zoning Commission recommended approval (6-0).
Julie Glover, Historic Preservation Officer, stated that council had previously asked if the deeds
for the property in this area would indicate that they were located in this historic conservation
district. Staff had learned that it was not possible to include that with the deeds to the property
and that it would be the responsibility of the seller and/or real estate agent to inform a potential
buyer that the property was located in this district and would have to meet the guidelines set
forth in the district. Council had also asked about signs idemifying the area. Signs would be
made to idemify the area.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Don Strickland, represeming TWU, favor
Anita Cowan, 1828 North Bell, 76209, favor
Brandt Davis, 1902 Bell Avenue, Demon, 76209, favor - he also read an email from Julie
Lathrup who was also in favor of the district
Gary Hayden, 2106 N. Bell, Demon, 76209 - favor
A commem card from Brian Wheeler was submitted in favor of the proposal.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2005-099
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE TO CREATE AN OVERLAY DISTRICT CONSISTING OF A
HISTORIC CONSERVATION OVERLAY DISTRICT BEING GENERALLY
LOCATED ON THE EAST AND WEST SIDES OF BELL AVENUE, SOUTH OF
SHERMAN DRIVE AND NORTH OF UNIVERSITY DRIVE; AMENDING
CHAPTER 35, SUBCHAPTER 7 OF THE CITY OF DENTON CODE OF
ORDINANCES, "DENTON DEVELOPMENT CODE," "SPECIAL PURPOSE AND
OVERLAY DISTRICTS" TO ADD SECTION 35.7.7 "BELL AVENUE HISTORIC
CONSERVATION DISTRICT" PROVIDING FOR THE CREATION OF BELL
AVENUE HISTORIC CONSERVATION OVERLAY DISTRICT AND
REGULATION; SUCH OVERLAY DISTRICT ESTABLISHES DIFFERENT
REGULATIONS TO HELP CONSERVE THE HISTORIC, ARCHITECTURAL, AND
CULTURAL ATTRIBUTES OF THE DISTRICT; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
City of DeNon City Council Minutes
March 22, 2005
Page 10
Kamp 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.
B. The Council held a public hearing and considered an ordinance to amend the
Denton Development Code related to retail, drive-through and restaurant uses associated with
quick vehicle servicing in the industrial Cemer Employmem (lC-E), industrial Cemer General
(lC-G) and Employmem Cemers industrial (EC-i) zoning districts. The Planning and Zoning
Commission recommended approval (5-1) with conditions. (DCA 05-0001, Convenient Sales)
Kelly Carpenter, Director of Planning and Development Services, stated that this proposal would
amend the Code to allow retail and restaurant uses associated with quick vehicle servicing in
Industrial Center Employment, Industrial Center General and Employment Centers Industrial
zoning districts with the limitations that the square footage of gross floor area would be no more
than 5,000 square feet except when adjacent to I35 when the square footage of gross floor area
could be up to 10,000 square feet; uses were limited to 25 seats except when adjacent to I35
when the number of seats could be up to 50.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2005-100
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF SUBCHAPTER 5 AND SUBCHAPTER 23 OF THE DENTON DEVELOPMENT
CODE PERTAINING TO RETAIL AND RESTAURANT USES ASSOCIATED WITH
QUICK VEHICLE SERVICING IN THE INDUSTRIAL CENTER EMPLOYMENT
(lC-E), INDUSTRIAL CENTER GENERAL (lC-G) AND EMPLOYMENT CENTERS
iNDUSTRiAL (EC-i) ZONING DISTRICTS; PROViDiNG FOR A PENALTY
CLAUSE WITH A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THERE;
AND PROVIDING FOR AN EFFECTIVE DATE. (DCA05-0001)
McNeill motioned, Mulroy seconded to adopt the ordinance as presented by staff. 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 held a public hearing to consider an ordinance to amend a Specific
Use Permit (SUP) for a drive-through facility for Church's Chicken. The property was in a
Neighborhood Residemial Mixed Use (NRMU) zoning district and was generally located south
of McKinney Street approximately 900 feet west of Loop 288. The Planning and Zoning
Commission recommended approval (5-0). (Z04-0047, Church's Chicken)
City of DeNon City Council Minutes
March 22, 2005
Page 11
Kelly Carpemer, Director of Planning and Developmem Services, stated that the requested drive-
through required the specific use permit. Prior language in the ordinance required an access
easemem for connection between the property and the driveway to the east be provided prior to
final plat approval. The property owner to the east of the property would not provide that
easemem and the petitioner was requesting removal of that language from the ordinance. An
alternate way to access property on west side had been developed and the driveway connection
was no longer needed.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Wes Morrison, Isabel Engineering, - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2005-101
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
NO 2004-200, 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,
WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED 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. (Z04-0047)
Redmon 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.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance of the City Council of the City
of DeNon, Texas, on second reading, graining a Cable Franchise to the University of North
Texas (UNT) to construct, reconstruct, operate and maimain a cable television system in the City
of Denton, Texas and setting forth conditions accompanying the granting of this Cable
Franchise; providing for a penalty of five hundred dollars ($500) for the violation of this
ordinance; providing for a savings clause; providing for the effect of this ordinance upon other
ordinances and resolutions; and providing an effective date.
John Cabrales, Public Information Officer, stated that this was the second reading for the
franchise agreement.
The following ordinance was considered:
City of DeNon City Council Minutes
March 22, 2005
Page 12
NO. 2005-102
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
ON SECOND READING, GRANTING A CABLE FRANCHISE TO THE
UNIVERSITY OF NORTH TEXAS (UNT) TO CONSTRUCT, RECONSTRUCT,
OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF
DENTON, TEXAS AND SETTING FORTH CONDITIONS ACCOMPANYING THE
GRANTING OF THIS CABLE FRANCHISE; PROVIDING FOR A PENALTY OF
FIVE HUNDRED DOLLARS ($500) FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR THE EFFECT OF THIS
ORDINANCE UPON OTHER ORDINANCES AND RESOLUTIONS; AND
PROVIDING AN EFFECTIVE DATE.
Mulroy motioned, McNeill seconded to adopt the ordinance as presented. 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 adoption of an ordinance authorizing the Mayor to
execute an amendment to a Tax Abatement Agreement with Flowers Baking Co. of Denton,
LLC; dated September 19, 2003 for the purpose of reducing the land area that is subject to the
Tax Abatemem Agreemem; providing for a severability clause; and providing an effective date.
Linda Ratliff, Director of Economic Development, stated that Flowers Baking Company was
selling 38 acres of the property, which would require a change in the property description to
reflect the sale. There would be change in incentives or thresholds associated with the tax
abatement agreement.
The following ordinance was considered:
NO. 2005-103
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT
TO A TAX ABATEMENT AGREEMENT WITH FLOWERS BAKING CO. OF
DENTON, LLC; DATED SEPTEMBER 19, 2003 FOR THE PURPOSE OF
REDUCING THE LAND AREA THAT IS SUBJECT TO THE TAX ABATEMENT
AGREEMENT; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to adopt the ordinance as presented. 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 an exaction variance from section 35.20.2(1.3.a.) of the
Code of Ordinances concerning improvements to a perimeter street. The approximately 12.8-
acre parcel was in an Industrial Cemer, Employmem (lC-E) zoning district and was generally
located south of Jim Christal Road at GC & SF Railroad, adjacem to 1-35. The Planning and
Zoning Commission recommended approval (3-2). (F05-0009, 84 Lumber)
City of DeNon City Council Minutes
March 22, 2005
Page 13
Kelly Carpemer, Director of Planning and Developmem Services, stated that the applicam, 84
Lumber, had requested a full exaction variance for perimeter street improvements, which would
result in no perimeter paving on Jim Christal Road. The subdivision across the street had been
grained the same variance. In this area, Jim Christal Road was a two lane rural roadway ending
at the GC & SF Railroad. The city had no plans to extend Jim Christal Road across the railroad
since the City relinquished and removed this crossing in order to gain the crossing for West Oak
Street.
Thomson motioned, McNeill seconded to gram the requested exaction variance. On roll vote,
Kamp "aye", McNeill "aye", Momgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye"
and Mayor Brock "nay". Motion carried with a 6-1 vote.
Citizen Reports
1. Review of procedures for addressing the City Council.
2. The Council received citizen reports from the following:
A. Willie Hudspeth regarding concerns of Southeast Demon.
Mr. Hudspeth questioned the Council's Consem Agenda items and the associated voting on those
items. He felt that one council member was benefiting personally from the renovation work at
the Library and would be doing further investigating on that matter. He also felt that the Council
was doing city business in private. Citizen reports were moved to the end of the meeting instead
at the beginning of the meeting in order to prevem citizens from speaking. The taped
announcemem prior to the citizen report was an attempt to imimidate speakers from
participating. He again memioned the fact that there were no African American firefighters
working in Demon.
B. Dessie Goodson regarding responsibility and open governmem.
Ms. Goodson presemed information regarding the First Amendment rights. She commemed on
the bid from CBS Mechanical for library work. She felt that Link was not providing adequate
service to residems. She indicated that she would submit a public information request for
seasonal Link drivers.
E. New Business
Council did not submit any items of New Business.
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.
City of Demon City Council Minutes
March 22, 2005
Page 14
Council returned to Closed Session to continue discussion of Item 1 .A. 1.
H. 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.
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
EULINEBROCK
MAYOR
CITY OFDENTON, TEXAS
AGENDA DATE:
DEPARTMENT:
CM:
AGENDA INFORMATION SHEET
April 19, 2005
Economic Development
Mike Conduff ~
SUBJECT
Consider adoption of an ordinance of the City of DeNon authorizing an agreemem between the
City of Demon, Texas and Our Daily Bread to assist in providing food supplies; providing for
the expenditure of funds therefore; and providing for an effective date.
BACKGROUND
Council members Perry McNeil and Jack Thomson have requested provision of funding to Our
Daily Bread for their meals program that assists homeless and very low-income individuals and
families.
ESTIMATED PROJECT SCHEDULE
The funding agreement specifies that the expenditure of all funds should take place before
September 30, 2005.
PRIOR ACTION/REVIEW(Councils, Boards, Commissions)
There was no prior action regarding the allocation of funds to Our Daily Bread.
FISCAL INFORMATION
Funding of $800 to be expended under the agreemem is from Council comingency funds.
EXHIBITS
1. Ordinance
2. Service Agreement
Respectfully submitted:
Linda Ratliff
Director of Economic Development
Prepared by:
Barbara Ross
Community Developmem Administrator
S:\Our Docmnents\Ordinances\05XOur Daily Bread Ordinance.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND OUR DAILY BREAD TO ASSIST IN PROVIDING
FOOD SUPPLIES; PROVIDING FOR THE. EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton hereby finds that the Program and the
agreement between the City and Our Daily Bread. attached hereto and made a part hereof by
reference (the "Agreement") serve a municipal and public purpose and is in the public interest;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by
reference into the body of this ordinance as if fully set forth herein.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement and to carry out the duties and responsibilities of the City under the Agreement, including
the expenditure of funds as provided in the Agreement.
SECTION 3. This ordinance shall become effective i~ranediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ., 2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CiTY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
BY: ~'
C:kDOCUME~I \cadick\LOCALS~l\Temp\Our Daily Brd 2005 contract.doc
SERVICE AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND THE
OUR DAILY BREAD
This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule
Mtmicipal Corporation, hereinafter referred to as "City", and Our Daily Bread, a Texas Non-Profit
Corporation, hereinafter referred to as "Our Daily Bread":
WHEREAS, City has determined that the proposal for services merits assistance and can
provide needed services to citizens of City and has provided funds in its budget for the purpose of
paying for contractual services; and
WHEREAS, this Agreement serves a valid municipal and public purpose and is in the public
interest as it will promote tourism and economic development within the City, among other things;
NOW, THEREFORE, the parties hereto mutually agree as follows:
I. SCOPE OF SERVICES
Our Daily Bread shall in a satisfactory and proper manner perform the following tasks, for
which the monies provided by City may be used:
The funds being provided shall be used by the Our Daily Bread to help provide food supplies
for a soup kitchen in Denton.
H. OBLIGATIONS OF OUR DALLY BREAD
In consideration of the receipt of funds from City, Our Daily Bread agrees to the following
terms and conditions:
A. Eight Hundred Dollars and no/100 ($800.00) shall be paid to Our Daily Bread by City to
be utilized for the purposes set forth in Article I.
B. Our Daily Bread will maintain adeqUate records to establish that the City funds are used
for the purposes authorized by this Agreement.
C. Our Daily Bread will permit authorized officials of City to review its books at any time.
D. Upon request, Our Daily Bread will provide to City its By Laws and any of its rules and
regulations that may be relevant to this Agreement.
E. Our Daily Bread will not enter into any contracts that would encumber City funds for a
period that would extend beyond the term of this Agreement.
F. Our Daily Bread will appoint a representative who will be available to meet with City
officials when requested.
G. Our Daily Bread will submit to City copies of year-end audited fmancial statements.
III. TIME OF PERFORMANCE
The services funded by City shall be undertaken and completed by Organization within the
following time frame:
April 20, 2005 through September 30, 2005, unless the contract is sooner terminated under
Section VII "Suspension or Termination".
IV. PAYMENTS
A. PAYMENTS TO OUR D^m¥ BREAD. City shall pay to Our Daily Bread the sm specified in
Article II after the effective date of this Agreement.
B. EXCESS P^YMENT. Our Daily Bread 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:
l)
2)
3)
has resulted in overpayment to Our Daily Bread; or
has not been spent strictly in accordance with the terms of this Agreement; or
is not supported by adequate documentation to fully justify the expenditure.
V. EVALUATION
Our Daily Bread agrees to participate in an implementation and maintenance system whereby
the services can be continuously monitored. Our Daily Bread agrees to make available its financial
records for review by City at City's discretion. In addition, Our Daily Bread agrees to provide City
the following data and reports, or copies thereof:
A. All external or internal audits. Our Daily Bread 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. An explanation of any major changes in program services.
D. To comply with this section, Our Daily Bread 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. Our Daily Bread's record system shall contain sufficient
documentation to provide in detail full support and justification for each expenditure. Our Daily
Page 2 of 7
Bread 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.
E. Nothing in the above subsections shall be construed to relieve Our Daily Bread of
responsibility for retaining accurate and current records that clearly reflect the level and benefit of
services provided under this Agreement.
VI. DIRECTORS' MEETINGS
During the term of this Agreement, Our Daily Bread shall deliver to City copies o fall notices
of meetings of its Board of Directors, setting forth the time and place thereof wherein this program is
a part of the subj eot matter of the meeting. Such notice shall be delivered to City in a timely manner
to give adequate notice, and shall include an agenda and a brief description of the matters to be
discussed. Our Daily Bread understands and agrees that City's representatives shall be afforded
access to all meetings of its Board of Directors.
Minutes of all meetings o fOur Daily Bread's governing body shall be available to City within
ten (10) working days of approval.
VII. TERMINATION
The City may terminate this Agreement for cause if Our Daily Bread violates any covenants,
agreements, or guarantees of this Agreement, the Our Daily Bread's insolvency or filing of
bankruptcy, dissolution, or receivership, or the Our Daily Breadrs 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.
VIII. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A. Our Daily Bread shall comply with all applicable equal employment opportunity and
affirmative action taws or regulations.
B. Our Daily Bread will furnish alt information and repons 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 Our Daily Bread's non-compliance with the non-discrimination
requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Our
Daily Bread may be ban'ed from further contracts with City.
Page 3 of 7
IX. WARRANTIES
Our Daily Bread represents and warrants that:
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 £mancial conditions of Our Daily Bread onthe 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
Our Daily Bread.
C. No litigation or legal proceedings are presently pending or threatened against Our
Daily Bread.
D. None of the provisions herein contravenes or is in conflict with the authority under
which Our Daily Bread is doing business or" with the provisions of any existing indenture or
agreement of Our Daily Bread.
E. Our Daily Bread 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.
F. None of the assets of Our Daily Bread 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 Our Daily Bread 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.
X. 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. 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.
Page 4 of 7
C. Our Daily Bread shall notify City of any changes in personnel or governing board
composition.
XI. INDEMNIFICATION
To the extent author/zed by law, the Our:Daily Bread agrees to indemnify, hold harmless, and
defend the CITY, its officers, agents, and employees fi:om and against any and all claims or suits for
injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the
performance by the Our Daily Bread or those services contemplated by this Agreement, including ail
such claims or causes of action based upon common, constitutional or statutory law, or based, in whole
or in part, upon allegations of negligent or intentional acts of Our Daily Bread, its officers, employees,
agents, subcontractors, licensees and invitees.
XII. CONFLICT OF INTEREST
A. Our Daily Bread 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. Our Daily Bread 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. Our Daily Bread further covenants that no member of its governing body or its staff,
subcontractors or employees shail 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.
XIII. 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,
or via hand-delivery or facsimile, addressed to Our Daily Bread or City, as the case may be, at the
following addresses:
Page 5 of 7
CITY
OUR DAILY BREAD
City of Denton, Texas
Attn: City Manager
215 E. McKinney
Denton, TX 76201
Fax No. 940.349.8591
George Gibson, Executive Director
Our Daily Bread
300 West Oak Street
Denton, TX 76201
Fax No. 940.891.2718
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.
XIV. MISCELLANEOUS
A. Our Daily Bread 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 Our Daily Bread hereunder, or any other act or
failure o f 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 Our Daily Bread. 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 fights hereunder, which rights, powers, privileges, or remedies are always
specifically preserved. No representative or agent of City may waive the effect of this provision.
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. 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.
Page 6 of 7
IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this
Agreement as of the __ day of ~ 2005.
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
BY:
OUR DAILY BREAD
ATTEST:
BY:
GEORGE GIBSON, EXECUTIVE DIRECTOR
BY:
ANN PEMBERTON, BOARD SECRETARY
Page 7 of 7
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
April 19, 2005
Materials Management
Kathy DuBose ~
Questions concerning this
acquisition may be directed
to Ross Chadwick 349-8830
SUBJECT
Consider adoption of an Ordinance awarding a comract for the purchase of CISCO Network
Equipment for the Emergency Operations Center for the City of Denton Fire Department as
approved by the State of Texas Building and Procurement Commission Department of
Information Resources (DIR); providing for the expenditure of funds therefore; and providing an
effective date (File 3328-Purchase of CISCO Network Equipmem for Emergency Operations
Cemer awarded to ImerNetwork Experts in the amoum of $33,015.60).
FILE INFORMATION
The Cisco network equipmem provides connectivity for the City of Denton Emergency
Operations Center to enable them to use phone and data services over the City of Denton
network infrastructure and within the Emergency Operations Center. This equipment is part of a
project approved by the Urban Area Working Group and Texas Domestic Preparedness Division
to be funded by the State Homeland Security Gram Program. This equipmem will allow for
connectivity with State and Federal agencies when the Emergency Operations Center is
activated.
In November of 2003, the State of Texas through the Department of Information Resources
signed a four-year Agreemem with ImerNetwork Experts (Comract DIR-BUSOP-012). Under
this contract, all Texas State, local and public education entities may purchase CISCO products
and services at State of Texas pricing.
RECOMMENDATION
Award to InterNetwork Experts in the amount of $33,015.60.
PRINCIPAL PLACE OF BUSINESS
InterNetwork Experts
Addison, Texas
ESTIMATED SCHEDULE OF PROJECT
Equipment will be installed at the City of Denton Emergency Operations Center on or before
July 15, 2005.
Agenda Information Sheet
April 19, 2005
Page 2
FISCAL INFORMATION
This equipment is 100% funded through the 2003 Urban Area Security Initiative (Part of the
Homeland Security Grant Program) Account # 342002.6504.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Quote from InterNetwork Experts
1-AlS-File 3328
Attachment 1
PA R T N ~: R
E X P E R T S GOLB (:ERTIFIED
Date: April 8, 2005
To: City of Denton
QUOTATION
Contract Number DIR-BUSOP-012
Quote #: TC030105SB
From: Traci Chrisman
Phone: Phone: 469-549-3841
Fax: FAX: 469-549-3888
Sub-total for swithces, wireless AP's and GBICs I $ 12,695.40 $ 12,695.40
Sub-total for IP Phones 1 $ 5,210.20 $ 5,210.20
Sub-total for 3745 Cisco router 1 $ 15,110.00 $ 15,110.00
Quote valid for 30 days Terms are Net 30 Shipping point FOB origin
ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF CISCO NETWORK
EQUIPMENT FOR THE EMERGENCY OPERATIONS CENTER FOR THE CITY OF DENTON
FIRE DEPARTMENT AS APPROVED BY THE STATE OF TEXAS BUILDING AND
PROCUREMENT COMMISSION DEPARTMENT OF INFORMATION RESOURCES (DIR);
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE (FILE 3328-PURCHASE OF CISCO NETWORK EQUIPMENT FOR
EMERGENCY OPERATIONS CENTER AWARDED TO INTERNETWORK EXPERTS IN THE
AMOUNT OF $33,015.60).
WHEREAS, pursuant to Resolution 92-019, the State Purchasing Building and Procurement
Commission has solicited, received and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies or services in accordance with the procedures of state law on behalf
of the City of DeNon; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies or services can be purchased by the City
through the Building and Procurement Commission programs at less cost than the City would
expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, 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 purchase order for
materials, equipmem, supplies, or services, shown in the "File Number" listed hereon, and on file in
the office of the Purchasing Agent, are hereby approved:
FILE
NUMBER VENDOR AMOUNT
3328 ImerNetwork Experts $33,015.60
SECTION 2. That by the acceptance and approval of the above numbered items set forth in
the attached purchase orders, the City accepts the offer of the persons submitting the bids to the
Building and Procurement Commission for such items and agrees to purchase the materials,
equipment, supplies or services in accordance with the terms, conditions, specifications, standards,
quamities and for the specified sums comained in the bid documems and related documems filed
with the Building and Procuremem Commission, and the purchase orders issued by the City.
SECTION 3. That should the City and persons submitting approved and accepted items set
forth in the attached purchase orders wish to enter into a formal written agreement as a result of the
City's ratification of bids awarded by the Building and Procurement Commission, the City Manager
or his designated representative is hereby authorized to execute the written contract which shall be
attached hereto; provided that the written contract is in accordance with the terms, conditions, speci-
fications and standards contained in the Proposal submitted to the Building and Procurement
Commission, quantities and specified sums contained in the City's purchase orders, and related
documents herein approved and accepted.
SECTION 4. That by the acceptance and approval of the above numbered items set forth in
the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in
the amount and in accordance with the approved purchase orders or pursuant to a written contract
made pursuant thereto as authorized herein.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SYNDER, INTERIM CITY ATTORNEY
BY:
3-ORD-File 3328
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
April 19, 2005
Materials Management
Kathy DuBose ~
Questions concerning this
acquisition may be directed
to Keith Gabbard 349-7144
SUBJECT
Consider adoption of an Ordinance approving the expenditure of funds for the purchase of
Opticom Parts for the City of DeNon Traffic Comrol Division available from only one source in
accordance with the provision for state law exempting such purchases from requirements of
competitive bids; and providing an effective date (File 3326-Purchase of 3M Opticom Parts
awarded to Consolidated Traffic Comrols, Inc. in the estimated amoum of $50,000).
BID INFORMATION
This acquisition is for the purchase of 3M Opticom detectors and accessories for the City of
Denton Traffic Control Department. The city of Denton currently has 54 signalized intersections
that detect 143 directions with 3M Opticom technology. The latest 3M technology is equipped
with an ID system to block the illegal use of emitters for non-emergency use such as citizens
buying emitter units off of the Internet and locking up our traffic signals. The City of Denton's
Fire Department has a total of 18 fire trucks and ambulances that are currently in service that use
the 3M emitters. Traffic Control currently is restricted to the use of only 3M Opticoms because
of system compatibility, patents, and software copyright.
Consolidated Traffic Controls, Inc. is the exclusive distributor of 3M Opticom products in the
State of Texas; therefore, this is a sole source acquisition. Sole source supplies and/or services
protected by copyrights or patents are exempt from the competitive bid process (Chapter 252
Texas Local Govemmem Code).
RECOMMENDATION
Award the purchase of 3M Opticom Parts from Consolidated Traffic Controls, Inc. in the
estimated amoum of $50,000.
PRINCIPAL PLACE OF BUSINESS
Consolidated Traffic Controls, Inc.
Arlington, TX
ESTIMATED SCHEDULE OF PROJECT
The parts will be ordered and delivered as needed for specific imersections.
Agenda Information Sheet
April 19, 2005
Page 2
FISCAL INFORMATION
The items in this bid will be funded out of the Warehouse Working Capital account and charged
back to the using department.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Consolidated Traffic Controls, Inc. Quote
Attachment 2: Sole Source Letter
1-AlS-File 3326
Attachment 1
Consolidated Traffic Controls, Inc.
P. O. Box 151837 ~ Arlington, TX 76015
(800) 448-8841 (800) 448-8850 rex
Agency: City of Denton
Attention; Karen E. Smith, Purchasing Dept.
Address: 901-B Texas St
City. State, Zip: Denton, TX 76209
Phone: g40-349-7100
Fax: 940-349-7302
Quantlty-~ Description
]#110258 - 3M #721 Opflc0m Detector
PRICE QUOTATION
RFQ # 0305-54B
Date: 3/18/2005
Terms: Net 30 Days
Freight: FOB
Delivery: 30 Days ARO
Quoted by: Jerry Priester
Price~ Firm: As Noted Below
~Price ]- Total Price -]
5,00
,_..2-- ........ ! ....... !3._M~.~e[..e__ctorCardLoop ........................... I_ ' ..........Its .... :.. i
--' ; ............ ~ ' -- ................. '.-'"'. .............
.... ~ ....... 57g'00
3_ . 1 .. : _~_1_10247__- 3M #722 Opficom'~eteCt~r $'-- ,~9
_. 4 1000 #110216B- 3M #I~-80a~J~om Cabin' ~.-,,,~-,,,,-,-~-, ...... ~ .- ............. J. ...... I
'. "i ........ ~- ........ :-'"'" -~- ..... "- ..... ! ~_. _.O:gS_.1. s'~9o. o0'I
. . : .......... ' .................... ~ ....... '" -t'; ....... 10,00
~ .... ~ . 1 !Detector M;~nting-Spa'n .............. j'_ ..........
7 _.1 _. ! #1102_49 7 ,M 752 phase Selector ........... ~'~' ..... 5_.!0
.... - .......... [$ 1,675.00 $ 1,675.00
: ....... ! price~, on abov_e_quote_d- items are good until-December 31': 2006. ! .............. ! ~ '-
..... : ........ !..f.y_o..y _h..ave_any questions, plea,e
................... Thanks, Jerry -! ............. iS
NOTE:'
Please refer to the-RFQ, pum ber when 'l~tacing'an order ~r:'when calling for more i~to~"mat'io
Grand Total: I $ 3,671.00
Attachment 2
March21,2005
Ms. Karen E Sm/th
City o£Denton, TX.
Tie 3M Company Iaaa established Consolidated Tra~c Comr. ols Inc., out of
Atlktgron, Texas as the only authorJze~ dealer for Traffio Salty Systen~ Intel:Ii.gent
Trans~r~l~on S~ products in. Texas.
Consolidated. Traffic Controls, Inc Inc. lms agreed to promote the sale ~ service of
Opticom Brand Traffic Control Systems, 3M Brand High. Visibility Signal Replacement
[amps, 3M Brand Detector Loop Sealant and C~noga Bm.nd Vehicle Detect/on. Systems
a~d. Associated Anc~ Products.
Ill may be of any fialher assistance, do not hesitat~ to contact m.e al: 65]-575-5532.
Sincerely,
Gary L. Stepbenson
Customer Service
ORDINANCE NO.
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE
OF OPTiCOM PARTS FOR THE CITY OF DENTON TRAFFIC CONTROL DIVISION
AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION
FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF
COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 3326-PURCHASE
OF 3M OPTiCOM PARTS AWARDED TO CONSOLIDATED TRAFFIC CONTROLS, INC.
iN THE ESTIMATED AMOUNT OF $50,000).
WHEREAS, Section 252.022 of the Local Government Code provides that procurement
of items that are only available from one source, including; items that are only available from
one source because of patents, copyrights, secret processes or natural monopolies; films,
manuscripts or books; electricity, gas, water and other utility purchases; captive replacement
parts or components for equipment; and library materials for a public library that are available
only from the persons holding exclusive distribution rights to the materials; need not be
submitted to competitive bids; and
WHEREAS, Consolidated Traffic Controls, Inc. has exclusive distribution rights of 3M
Opticom equipment and 3M is the single source of this equipment protected by copyright or
patent; and
WHEREAS, the City Council wishes to procure one or more of the items mentioned in
the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as described
in the "File numbers" listed hereon, and on file in the office of the Purchasing Agent, are hereby
approved:
FILE
NUMBER VENDOR AMOUNT
3326 Consolidated Traffic Controls, Inc. Exhibit A
SECTION 2. The acceptance and approval of the above items shall not constitute a
contract between the City and the person submitting the quotation for such items until such
person shall comply with all requirements specified by the Purchasing Department.
SECTION 3. The City Manager is hereby authorized to execute any contracts relating to
the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby
authorized.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
BY: ~--~;:~:::':i" - ':
3-ORD-File 3326
Attachment 1
Consolidated Traffic Controls, Inc.
P. O. Box 151837 ~ Arlington, TX 76015
(800) 448-8841 (800) 448-8850 rex
Agency: City of Denton
Attention; Karen E. Smith, Purchasing Dept.
Address: 901-B Texas St
City. State, Zip: Denton, TX 76209
Phone: g40-349-7100
Fax: 940-349-7302
Quantlty-~ Description
]#110258 - 3M #721 Opflc0m Detector
PRICE QUOTATION
RFQ # 0305-54B
Date: 3/18/2005
Terms: Net 30 Days
Freight: FOB
Delivery: 30 Days ARO
Quoted by: Jerry Priester
Price~ Firm: As Noted Below
~Price ]- Total Price -]
5,00
,_..2-- ........ ! ....... !3._M~.~e[..e__ctorCardLoop ........................... I_ ' ..........Its .... :.. i
--' ; ............ ~ ' -- ................. '.-'"'. .............
.... ~ ....... 57g'00
3_ . 1 .. : _~_1_10247__- 3M #722 Opficom'~eteCt~r $'-- ,~9
_. 4 1000 #110216B- 3M #I~-80a~J~om Cabin' ~.-,,,~-,,,,-,-~-, ...... ~ .- ............. J. ...... I
'. "i ........ ~- ........ :-'"'" -~- ..... "- ..... ! ~_. _.O:gS_.1. s'~9o. o0'I
. . : .......... ' .................... ~ ....... '" -t'; ....... 10,00
~ .... ~ . 1 !Detector M;~nting-Spa'n .............. j'_ ..........
7 _.1 _. ! #1102_49 7 ,M 752 phase Selector ........... ~'~' ..... 5_.!0
.... - .......... [$ 1,675.00 $ 1,675.00
: ....... ! price~, on abov_e_quote_d- items are good until-December 31': 2006. ! .............. ! ~ '-
..... : ........ !..f.y_o..y _h..ave_any questions, plea,e
................... Thanks, Jerry -! ............. iS
NOTE:'
Please refer to the-RFQ, pum ber when 'l~tacing'an order ~r:'when calling for more i~to~"mat'io
Grand Total: I $ 3,671.00
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
April 19, 2005
Materials Management
Kathy DuBose ~
Questions concerning this
acquisition may be directed
to Ross Chadwick 349-8830
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a comract for
purchase of Bunker Gear and Turnout Gear for the City of DeNon Fire Departmem; providing
for the expenditure of funds therefore; and providing for an effective date (Bid 3317-Bunker
Gear/Turnout Gear awarded to Casco industries in the annual estimated amoum of $94,150).
BID INFORMATION
This bid is for an annual contract for the purchase of bunker gear for the Fire Department. A set
of bunker gear consists of pants, suspenders, and coat. These items are the primary protective
gear required for firefighters. The specifications for this bid were developed over a period of
time in which several manufacturers of bunker gear were tested through actual use. The lower
prices offered by DZ Technologies, Municipal Emergency Services, and NAFECO inc., fail to
meet specifications for water-repellant finish, abrasion resistance, sleeve construction, collar and
throat tab design, trim stitching, waistband, trouser seat, and pant knee construction. All of these
are critical to firefighter safety, comfort and life expectancy of the gear. A complete evaluation is
available in the office of the Purchasing Agent.
RECOMMENDATION
Award to the lowest responsible bidder meeting specification, Casco Industries in the estimated
amoum of $94,150.
PRINCIPAL PLACE OF BUSINESS
Casco Industries
Euless, TX
ESTIMATED SCHEDULE OF PROJECT
This is an annual agreement with the option to renew for an additional one-year period
contingent upon all prices, terms, and conditions remaining the same.
Agenda Sheet
April 19, 2005
Page 2
FISCAL INFORMATION
This equipmem will be funded 70% from the Homeland Security Gram Program and 30% from
the City's match. The accoum number is 332001.6314.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachmem 1: Tabulation Sheet
1-AlS-Bid 3317
BID: 3317 Attachment 1
Date: 3/24/05
BUNKER GEAR/TURN OUT GEAR
~ Emergency CA~CC)
~ Services . -: '-.-7 DZ Tech. NAFECO Inc. Lion Apparel
dba Four lnausmes
Alarm Fire
Principle Place of Business: Euless, TX Euless, TX Dallas, TX Decatur, AL Desoto, TX
_
Bunker Coat
I Ea.(quantities could $749.00 $775.00 $630.00 $778.00 $816.00
be from 1 - 50)
Bunker Pant
2 Ea.(Quantities could $509.00 $570.00 $440.00 $528.00 $554.07
be from i- 50)
Padded "Rip
Cords"
Suspenders
3 Ea. Specified $21.00 $28.00 $0 $24.00 $27.00
Attachment
(Quantities could
be from i - 50)
*Fitted by vendor
onsit'.e .by . Upcharge for
representative of oversize
company to determine
proper sizing at no gear -
additional cost to the $60.00
City Of Denton --
Shipment 45-60 100 Days 7 Days 60 Days 60 Days
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
PURCHASE OF BUNKER GEAR AND TURNOUT GEAR FOR THE CITY OF DENTON FIRE
DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE (BID 3317-BUNKER GEAR/TURNOUT GEAR
AWARDED TO CASCO iNDUSTRIES iN THE ANNUAL ESTIMATED AMOUNT OF $94,150).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of
necessary materials, equipment, supplies or services in accordance with the procedures of State law
and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City
Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such
items:
BID
NUMBER VENDOR AMOUNT
3317 Casco Industries Exhibit A
SECTION 2. The City Council finds the lowest bids submitted by DZ Technologies,
Municipal Emergency Services, and NAFECO, inc. did not meet bid specifications and are therefore
rejected.
SECTION 3. 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 4. 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 5. 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 6. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
__ day of ,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
BY: ~:::':' :'~ ~.,, 'i
3-ORD-Bid 3317 C~/ &/
B:[D: 3317 ExhibitA
Date: 3/24/05
BUNKER GEAR/TURN OUT GEAR
~ CASCO
Industries
Principle Place of Business: Euless, TX
_
Bunker Coat
1 Ea. (Quantities could $775.00
be from 1 -50)
Bunker Pant
2 Ea.(Quantities could $570.00
be from 1 -50)
Padded "Rip
Cords"
Suspenders
3 Ea. Specified $28.00
Attachment
(Quantities could
be from 1 - 50)
*Fitted by ~endor
onsite by _
representative of
company to determine
proper sizing at no
additional cost to the
Cityof Denton
Shipment 100 Days
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
April 19, 2005
Materials Management
Kathy DuBose ~
Questions concerning this
acquisition may be directed
to Mike Ellis 349-8424
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the
purchase of two 25-yard rear load refuse truck bodies for the City of DeNon Solid Waste
Department; providing for the expenditure of funds therefore; and providing for an effective date
(Bid 3322-25-Yard Rear Load Refuse Truck Body awarded to Heil of Texas in the amoum of
$97,750). (The Public Utility Board approved this item by a vote of 4-0).
BID INFORMATION
This bid is for the purchase of two 25-yard rear load refuse truck bodies. These bodies will be
mourned on two Peterbilt 357 cab/chassis previously approved by Council on February 22, 2005.
The two rear load trucks will replace two similar 1995 model units no longer economical to
repair or keep in the fleet. These older units will be sold at a public Internet based auction.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utility Board approved this item at its April 11, 2005 meeting.
RECOMMENDATION
Award of a comract to the lowest responsible bidder, Heil of Texas, in the amoum of $48,875
each for a total award $97,750. The lower price offered by Equipmem Southwest failed to meet
specifications for body strength and abrasion resistam steel in high wear areas. The bid offered
by McNeilus Truck failed to acknowledge and/or include the addendum from the pre-bid
conference. Heil of Texas, bidding their Heil model DPF5000 (HC) meets all specifications.
PRINCIPAL PLACE OF BUSINESS
Heil of Texas
Irving, TX
ESTIMATED SCHEDULE OF PROJECT
The chassis are to be delivered the first week of May 2005. The completed trucks are scheduled
for delivery the first week of July 2005.
Agenda Sheet
April 19, 2005
Page 2
FISCAL INFORMATION
The units will be funded through a third party lease-purchase agreement approved by Council on
January 18, 2005.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation sheet
1-AlS-Bid 3322
BID' 3322 Attachment
DATE: March 31, 2005
25 Yard Rear Refuse Body
~ .... Equipment
~ Mcl~eilus . ~ L)iCKSOn ....
~ ..... Heil of/exas ~ . . bou[nwes[,
/tUCKS ~ iv~rg ~qulpmen[ :[nc.
Principle Place of Business: Hutchins, TX :[rving, TX Dallas, TX :[rving, TX
1 2 Ea. Rear Load Refuse Body $48,500.00 $48,875.00 $50,471.56 $47,652.00
Chassis Make: Peterbilt
Model: 3~i7
Body Make: McNeilus Heil New Way Leach
DPF5000-25
Model' 2516 Yd. (H.C.) King Cobra 2R-:[:[:[
Delivery of completed
unit after receipt of 70 Days 42 - 55 Days 90 Days 40 Days
chassis __days
ADDENDUM I No Yes Yes Yes
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF TWO 25-YARD REAR LOAD REFUSE TRUCK BODIES FOR THE CITY
OF DENTON SOLID WASTE DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 3322-25-YARD
REAR LOAD REFUSE TRUCK BODY AWARDED TO HElL OF TEXAS IN THE AMOUNT OF
$97,750).
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
3322 Heil of Texas $97,750
SECTION 2. The City Council finds the lowest bid submitted by McNeilus Trucks and
Manufacturing did not meet bid specifications and is therefore rejected.
SECTION 3. 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 4. 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 5. 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 6. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
__ day of ,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
BY: ~:::':' :'~ ~.,, 'i
3-ORD-Bid 3322 C~/ &/
CITY OF DENTON, TEXAS
PUBLIC UTILITIES BOARD MEETING AGENDA
APRIL 11, 2005
DRAFT
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
presem, the Public Utilities Board convened imo an Open Meeting on Monday, April 11, 2005 at
9:04 a.m. in the Service Cemer Training Room, City of Demon Service Cemer, 901-A Texas
Street, Denton, Texas.
Presem: Bill Cheek, Phil Gallivan, George Hopkins, Charldean Newell
EX OFFICIO MEMBERS
Howard Martin, ACM/Utilities
Excused: John Baines
Bob Bland
Dick Smith
CONSENT AGENDA:
1) Consider approval of Bid No. 3322 for 25-Yard Rear Load Refuse Truck Bodies awarded to
Heil of Texas in the amoum of $97,750.
2) Consider and recommend approval of a Resolution appoiming Timothy S. Fisher as DeMon's
represemative to serve as a member of the Board of Directors of the Upper Trinity Regional
Water District; and providing an effective date.
Board Member Phil Gallivan moved to approve Consent Agenda Items #1 and #2, with a
second from Board Member George Hopkins. The motion was approved by a vote of 4-0.
Page 1 of 1
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
April 19, 2005
Utility Administration
Howard Martin, 349-8232
SUBJECT
Consider adoption of an ordinance of the City of DeNon, Texas authorizing the City Manager to
execute an agreemem for professional legal services with the law firm of Booth, Ahrens &
Werkenthin, P.C., a Texas Professional Corporation. for legal services pertaining to numerous
listed water and wastewater issues; regulatory activities; and other related matters affecting the
interests of Denton, Texas; authorizing the expenditure of funds therefor; providing for
retroactive approval of the agreemem; and providing an effective date. (The Public Utilities
Board recommends approval by a vote of 6-0)
BACKGROUND
Water rights issues in Texas are becoming increasingly more complex, and water related
legislative issues will cominue to be a major part of the legislative agenda this session. Booth,
Ahrens & Werkemhin, P.C. ("BAW") has provided legal services to the City of DeNon on water
rights issues in the past for several years and is familiar with our existing water rights and water
supply comracts with Dallas and the UTRWD. They are a reliable and responsive law firm.
They are recognized experts in this area and do not have existing client relationships that could
result in a conflict of interest in representing the City of Denton in water rights issues. BAW is
located in Austin and has frequent access to and involvement with the TCEQ staff. This
provides a distinct advantage to the City of Denton since they can obtain and distribute
information and file records quickly and efficiemly.
Expanding water supplies in Texas is a major legal and administratively complex challenge for
all parties involved. One area that has evolved over the past several years relates to the water
appropriation rights for wastewater discharges. Over that past three years, many cities and water
supply agencies have attempted to claim ownership of wastewater plant discharges and have
applied for water appropriation rights to the TCEQ based upon their claim of ownership of these
wastewater discharges. The proposed agreemem would provide for timely legal advice and
representation on water permit applications filed by other entities through the TCEQ that might
encroach or conflict with water rights held by the City of DeNon in Lake Lewisville and Lake
Ray Roberts. Once a water right permit application has been declared administratively complete
by the TCEQ, the City of DeNon would receive written notice and would have a 30 day time
limit to respond if it wanted to protest the application and/or request a public hearing.
Staff and BAW have identified the following items as areas where professional services would
be required during the FY 2005 time period:
The general scope of services would include representing the City in
matters related to its water rights, water supply and water system,
as well as general services related to legislative and regulatory
matters affecting those rights, supply and services.
Specifically, we have also identified the following continuing matters:
Denton's protest of TRA reuse application. (This matter will
involve either working with TRA to resolve potential issues and
withdrawing the protest, or pursuing a contested case.)
Denton's issues with UTRWD, including contract and withdrawal of
protest. Although the primary disputes with UTRWD have been recently
settled, there are several matters remaining to be resolved, including
monitoring the changes that UTRWD makes to its application and any draft
permit that may be prepared by the TCEQ. We also will need to formally
withdraw Denton's protest.
Denton's interests related to Dallas' and Irving's pending reuse
applications. Denton has protested Dallas' application and
we will need to negotiate and withdraw that protest or pursue it.
· Possible renegotiation of Dallas water contracts.
· Possible Denton application for reuse.
· Monitor environmental-flow application issues that threaten supply
in the Trinity River Basin, including the Galveston Bay application.
· Monitoring and reporting on legislative developments that affect the City's water
interests.
· Monitoring and reporting on legal and regulatory developments that
affect the City's water interests.
· This could also include legal representation for Denton on any other water,
service, or on environmental issues that may arise.
The proposed agreement would provide water-related legal services and regulatory update
information over the next twelve (12) months. The fees would be based upon an hourly cost plus
direct expense method. There is no retainer paid by the City and billing would only be for
services requested and rendered. The proposed agreement recommended by staff would have a
maximum cap amount of $55,000 and any additional expenditure would need to be presented to
the Public Utilities Board ("PUB") and City Council for review and approval. Staff feels that
this would not be needed over the next twelve (12) months unless we had to request a contested
case hearing on water rights permit applications. If this occurred, the proposed agreement would
provide for initial representation during a critical time period and allow ample time to advise the
PUB and the City Council on the specific issues, and obtain authorization for additional funding
before significant funds were dedicated towards this effort.
OPTIONS
1. Approve the professional services proposal for the legal representation requested by staff as
submitted.
2. Recommend desired changes to the proposal for consideration by staff and request
renegotiations with Booth, Ahrens & Werkenthin, P.C.
3. Reject the agreement and attempt to perform this work with City legal staff.
4. Cease to participate in TNRCC water rights permit applications that impact the City of
Denton.
RECOMMENDATIONS
Staff recommends approval of the professional services proposal as negotiated by staff and
submitted by Booth, Ahrens & Werkenthin, P.C.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Public Utilities Board and City Council previously approved a two PSA agreements with
BAW (PUB on June 17, 2002 and City Council on July 16, 2002) and (PUB on January 12, 2004
and City Council on February 17, 2004) for not to exceed amounts of $50,000 each. The funds
from this last fiscal year contract have now been exhausted and the proposed PSA should cover
anticipated expenses through the remainder of FY 2005 to cover the current legislative session.
The PUB has approved this PSA on March 28, 2005 by a vote of 6-0 (Board Member Baines
absent).
FISCAL INFORMATION
The Water Administration Division has existing funds available in the FY 2005 O&M Budget to
cover the proposed agreement.
EXHIBITS
1. Proposed Ordinance
2. Proposed Professional Services Agreement with the Firm
3. PUB Meeting Minutes
Respectfully submitted:
Prepared by:
Timothy S. Fisher, P.E.
Assistant Director of Water Utilities
Howard Martin
Assistam City Manager, Utilities
ORDINANCE NO. 2005-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES
WITH THE LAW FIRM OF BOOTH, AHRENS & WERKENTHIN, P.C., A TEXAS
PROFESSIONAL CORPORATION. FOR LEGAL SERVICES PERTAiNING TO
NUMEROUS LISTED WATER AND WASTEWATER ISSUES; REGULATORY
ACTIVITIES; AND OTHER RELATED MATTERS AFFECTING THE INTERESTS OF
DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
PROVDING FOR RETROACTIVE APPROVAL OF THE AGREEMENT; AND
PROVIDING AN EFFECTiVE DATE.
WHEREAS, the City Council deems it necessary and appropriate and in the public
interest to continue to engage the law firm of Booth, Ahrens & Werkenthin, P.C., a Texas
Professional Corporation ('~BAW"), of Austin, Texas, to provide professional legal services
pertaining to representation of the City of Denton, Texas pertaining to numerous listed water and
wastewater issues; regulatory activities; representation of the City respecting current legislative
activities, and other related matters; and
WHEREAS, the City has twice previously retained the professional legal services of
BAW as the City's outside legal counsel respecting water and wastewater issues and has
operated under a previous Agreement for Professional Legal Services, the first engagement being
approved by the City Council in 2002, regarding water and wastewater-related legislative issues,
as well as other issues, which have demonstrated BAW's expertise of relevant issues concerning
water rights and more importantly, the City's water rights; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the hereinabove described professional legal services by Denton Municipal Utilities, and that
limited City staff carmot adequately perform the specialized legal services and tasks, which are
wholly centered in Austin, Texas, with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act," generally provides that a city may not select a provider of
professional services on the basis of competitive bids, but must select the provider of
professional services on the basis of demonstrated competence, knowledge, and qualifications,
and for a fair and reasonable price; and the City Council hereby finds and concludes that BAW is
appropriately qualified under the provisions of the law, to be retained as outside legal counsel for
the City, specifically Denton Municipal Utilities, respecting this engagement; and
WHEREAS, the City Council has provided in the City budget for the appropriation of
funds to be used for the procurement of the foregoing professional legal services, as set forth in
the Agreement for Professional Legal Services; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the recitations in the preamble are true and correct and are
incorporated herewith as a part of this Ordinance.
SECTION 2: That the City Manager is hereby authorized to execute an Agreement for
Professional Legal Services with the Law Firm of Booth, Ahrens & Werkenthin, P.C., Austin,
Texas for professional legal services pertaining to the matters l~ereinabove described, in
substantially the form of the Agreement for Professional Legal Services attached hereto and
incorporated herewith by reference.
SECTION 3: That the award of this Agreement is on the basis of the demonstrated
competence and qualifications of the law firm of BAW, and the ability of BAW, to perform the
professional legal services needed by the City for a fair and reasonable price.
SECTION 4: That the expenditure of funds as provided for in the attached Agreement
for Professional Legal Services is hereby authorized.
SECTION 5 That as to the payment of fees and expenses, and the authority to represent
the City, the Agreement for Professional Legal Services is hereby ratified and retroactively
approved and confirmed, and shall be effective from and after December 1, 2004.
SECTION6: That except as provided in Section 5 hereinabove, this ordinance shall
become effective immediately upon its passage and approval.
PASSED AND APPROVED this the
day of ., 2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
W r
$:\Our Doct:rn~nts'~Ordinances\O$~l~AW PSA- 'ate
Issues of the City-DMU-2005.doc
STATE OF TEXAS §
COUNTY OF DENTON §
AGREEMENT FOR PROFESSIONAL LEGAL SERVICES
THIS AG~T, made and entered into this__ day of ., 2005,
effective as of December 15th, by and between BOOTH & ASSOCIATES, P.C.d.bg. BOOTH,
AHRENS & WERKENTHIN, P.C., a Texas Professional Corporation (hereinafter "Consultant"),
with Michael J. Booth, President, having full authority to execute this Agreement on behalf of the
Firm, 515 Congress Avenue, Suite 1515, Austin, Texas 78701; and the CITY OF DENTON,
TEXAS, a Texas Municipal Corporation, 215 East McKirmey Street, Denton, Texas 75201
(hereinafter "City"), with Michael A. Conduff, City M an~>er, having full authority to execute this
Agreement on behalf of the City.
WITNESS ETH:
WHEREAS, the City deems it necessary and in the public int~'est to employ legal counsel to
continue to provide professional legal services to the City with respect to protection of the City's
important water interests through: (1) monitoring and reporting reg~ding legislative devdopments
that affect the City's water interests; (2) monitoringand reporting on legal, regulatory, and industry
devdopments that affect the City's water interests; (3) general evaluation of water rights
applications filed with the Texas Commission on Environmental Quality ("TCEQ") that may affect
the City; and (4) such other general water, service or environmental issues that may arise, in which
Consultant does not have a conflict of interest; and
WHEREAS, the City contemplates that legal resmrch assil~rnents and work related to the
analysis, preparation, filing, and prosecution of any applications on behalf of the City or of any
protests or interventions by the City will be perforrred under a sepmate Professional Services
Agreement as may be directed in the future by theCity; and
WHEREAS, the Consultant is willing to perform such legal services in a professional manner
as an independent contractor; and has competently and efficiently performed services for the City in
the past in connection with its earlier engagements; and the City has selected Consultant on the basis
of demonstrated competence and qualifications necessary to perform the needed services; and
WHEREAS, the City desires to engage the Consukant once again to render the professional
services in connection herewith, for the fees set forth in Section III hereof; and the Consultant is
willing to provide such services;
NOW, THEREFORE, in consideration of the promises and mutual obligations herdn, the
City and Consultant do hereby mutually AGREEas follows, to wit:
Page 1
EXHIBIT 2
I. Scone of Service~: The Consultant shall perform the following services in a professional
manner working as an independent contractor not under the direct supervision and control of the
City:
A. Services to be provided:
Consultant shall represent the City regarding those professiona/ services
specifically described in the first "Witnesseth" paragraph set forth on page 1
hereof and chosen by the Assistant City Manager of Utilities, or his designees. It
is recognized that it is unknown at the present, how much time and professional
effort will necessarily be expended on the above-described items.
To consult with the Assistant City Manager for Utilities, the Director of Water
Utihties, the Assistant Director of Water Utilities, the Assistant City Attorney for
Utihties, and/or other designated administrative personnel or staff regarding any
and all aspects of the professional services to be performed. This will include
coordinating activities with the Assistant Director of Water Utilities, the Assistant
City Attorney for Utilities and their respective staff to efficiently perform the
services required and to preserve the Attorney/Client privilege, work product, and
all other applicable exceptions to the discovery or disclosure of documents
produced by the City and the Consultant under the Scope of Services hereinabove.
The Consultant shall perform all the services required by this Agreement in a timely
fashion, and shall complete them in compliance with schedules estabhshed by the City
through its Assistant City Manager of Ufihties as appropriate, to carry out the terms and
conditions of this Agreement.
II. Term: This Agreement shall be approved as retroactively effective as of December
t 5, 2004. This Agreement shall terminate either upon the completion of the professional services
provided for herein; or upon the exhaustion of all professional fees provided for hereunder; or or~
December 31, 2005, wkichever event shall first occur. This Agreement may be sooner terminated
in accordance with the provisions hereof. Time is of the essence of this Agreement. Consultant
shall make all reasonable efforts to complete the services set forth herein as expeditiously as
possible during the term of this Agreement, and to meet the schedules established by the City,
through its Assistant City Manager of Utihties, or his designee.
Page 2
Compensation andMethod of Payment:
The Consultant shall charge the following fees for its professional services provided to the
City hereunder, based upon the following hourly billing rates for the attorneys and support
staff involved in this matter:
Staff Hourly Rate
Michael J. Booth
Carolyn Ahrms, Of Counsel
Wil Galloway, Associate
Ross Richard-Crow, Associate
$250
$235
$200
$160
The Consultant has adopted a fee structure rangLng from $160 to $250 per chargeable horn;
dep ending up on the individual involved and his or her levd of experience and expertise. From
time-to-tirre, the Consukant may assign other attorneys to some aspect of the case, with the
view that Consultant wilt use the lowest hourly rate qualified and available attorney for any
particular matter. The Consultant also utilizes briefing clerks or legal assistants to perform
those tasks not requiring thetime of an attorney. Briefing clerks and/or legal assistants time is
billed at the reasonable rates, depending upon the experience and levd of education possessed
by thebriefmg clerk or legal assistant. Consukant agrees that all charges for the legal services
hereunder, including expenses as set forth in Section III.C. below, shall not exceed $55,000.00.
The Consukant shall bill the City throu~ the subwdssion of itemized invoices, statements,
and other documentation, together with support data indicating the pro~:ess of the work and
the services performed on the basis of monthly statements, showing hourly rates indicating
who performed the work, what type of work was done, and descriptions and/or details of all
services rendered, including a daily, and an entry-by-entry reflection of bilhble time spent on
this engagement, along with specific des~-iption and supporting documentation, if available,
respecting any reasonable and necessary out-of-pocket expenses incurred by Consultant in
performing the professional services provided for under this Agreement. Professional fees
shall be billed in minimum one-tenth (1/10) hour increments.
Additionally, theCity shall either pay directly or reimburse the Consultant, as the case may
be, for reasonable and necessary actual out-of-pocket expenses itemized on the monthly
statement. These expenses include, but are not lirn/ted to, long-distance telephone, fax,
reproduction charges, postage, overnight courier, and transportation and travel charges. Ail
copies will be charged at the rate of fifteen cents ($.15) per copy for copies made within
Consult ant's offices, with as much p hotocop y Lng as p os sible being done by out side vendors
at bulkrates or by theCity to reduce costs if bulk copyingis necessary or appropriate.
The parties anticipate that invoices or statements for professional services will be generated
on a monthly basis and that said invoices or statements will be sent to the City by Consukant
on or about the 15th day of each month. The City shall make payment to the Consultant
within thirty (30) days after recdpt of an appropriate itemized invoice or statement. To the
Page3
extent that any fees or expenses are disputed by the City, the City shall notify Consukant
within thirty (30) days after ks receipt of the invoice or statement, and shall otherwise pay all
undisputed amounts set forth in the invoice or statement within thirty (30) days after its
recdpt of the invoice or statement. All invoices or statements shatl be a reviewed by the
Ass/stant Director, Denton Water Utility, or his designee; and shall then be reviewed and
approved for payment by the Ass/stant City Attorney for Utilities. Any sums due and
payable more than sixty (60) days after thefee bill is received by the City, and not protested
or disput ed as allowed above, shall bear interest at the rate of eight een percent (18%) p er year,
until paid in full.
It is understood and agreed that the Consultant shall work under the coordination and general
sup awision of the Assistant City Manager of Utilities, or his designee.
All notices, invoices, statements, and p ayrmnts shall be made in writing and may be given by
personal delivery or by mai[ As to notices: to Michael A. Conduff, City Manager, City of
Denton, 215 East McKinney Street, Denton, Texas 76201 or to his designee. As to invoices,
statements, or payments: to Michael S. Copdand, Assistant City Attorney for Utilities,
Utility Administration Department, at the same address, as to the City; and to Carolyn
Ahrens, Esq. of Booth, Ahrens & Werkenthin, P.C., 515 Congress Avenue, Suite i515,
Austin, Texas 78701, as to the Consultant. When so addressed, the notice, invoice, statement
and/or payment shall be deemed given upon deposit of same in the U. S. Mail, postage
prepaid. In all other instances, notices, invoices, statements, and/or payments shall be deemed
given at thetimeof actual delivery. Changes may be made in the names and addresses of the
responsibleperson or office to which notices, invoices, statements and/or payments are to be
sent, provided reasonab!enotice is given.
IV. Professional Competency:
Consultant agrees that in the performance of these professional services, Consultant shall be
responsible to the levd of competency and shall use the same degree of skill and care
presently maintained by other practicingprofessionals in the State of Texas perfomaing the
sameor similar types of work. For thepurpose of this Agreement, the key persons who will
be performing most of the work hereunder shall be Carolyn Ahrens and Michael Booth,
Shareholders. However, nothing herdn shall limit Consukant from using other qualified and
competent members of the frrm to perform the services required herdn if such delegation is
reasonably appropriate and properly protects the City's interests.
Any agreements, ordinances, notices, instruments, memoranda, rep orts, letters, and other legal
documents prepared or obtained under the terrm of this Agreement are instruments of service
and the Cky shall retain ownership and a property interest therein. If this Agreement is
terminated at any time for any reason prior to payrrent to the Consultant for work under this
Agreement, all such documents prepared or obtained under the tern-~ of the Agreement shall
upon termhation be delivered to and beccme the property of the City upon request and
without restriction on their use or further compensation to the Consukant.
Page4
V. Establishment andMaintenance of Records: Full and accurate records shall be
maintained by the Consultant at its place of business with respect to all matters covered by this
Agreement. Such records shall be maintained for ape~od of at least three yeaxs after receipt of final
p ayl~nt under this Agreement.
VI. Audits andlnspection: At any time during normal business hours and upon
reasonable notice to the Consultant, there shall be made available to the City all of the Consultant's
records with respect to all matters covered by this Agreement. The Consultant shall permit the
City to audit, exarrme, and make excepts or transcripts from such records, and to make audits of
contracts, invoices, materials, and other datarelating to all matters covered by this Agreement.
VII. Accomplishment of Project: The Consultant shall commence, carry on, and
complete this professional engagement with all practicable dispatch; in a sound, economical and
efficient matter; and, in accordance with the provisions hereof and all applicable laws. In
accomplishing theprojects, the Consukant shall take such steps as are appropriate to insure that the
work involved is properly coordinated with any related work being carried on by the City.
VIII Independent Contractor Relationship and Lialility Insurance:
Consultant shall perform all services as an independent contractor not under the direct
supervision and control of the City. Nothing herdn shall be construed as crewing a
relationship of empbyer and empbyee between the parties. The City and Consultant agree
to cooperate in the defense of any clahrts, action, suit, or proceedingof any kind brought by a
third party which may result from or directly or indirectly arise from any negligence and/or
errors or omissions on the part of the Consultant or from any breach of the Consultant's
obligations under this Agreement. Nothing her~n constitutes a waiver of any rights or
remedies the City may have to pursue under either law or equity, including without
lirnkation, a cause of actbn for spedfic performance or for damages, a loss to the City,
resulting from Consultant's negligent errors or omissions, or breach of contract, and all such
rights and remedies are expressly resawed.
Consultant shall maintain and shall be caused to be in force at all times during the term of this
Agreement, a legally binding polly of professional liability insurance, listed by Best Rated
Carriers, with a rating of "A-" or above, issued by an insurance carrier approved to do
business in Texas by the State Insurance Commission. Such cov~xage shall cover any claim
hereunder occasioned by the Consultant's negligent professional act and/or error, act, or
omission, in an amount not less than $1,000,000 combined singte 1/mit coverage per
occurrence. In the event of change or cancellation of the polLy by the insurer, the Consukant
hereby covenants to immediately notify the City in writing thereof; and in such event, the
Consultant shall, prior to the effective date of change or cancellation, serve a substitute policy
fumishingthe same or higher amount of coverage. The Consultant shall provide a copy of the
declarations pageofsuch policy to the City through its Assistant City Manager of Utilities,
simultaneously with the execution of this Agreement.
Page 5
IX. Termination of Agreement:
In connection with the work outlined in this Agreement, it is agreed and fully understood by
the Consultant that the City may cancel or indefinitely suspend further work heroander or
terminate this Agreement at any time upon written notice to Consultant, Consultant shall
cease all work and labor being performed under this Agreement. Consultant may terminate
this Agreement by giving the City fifteen (t 5)days written notice that Consukant is no long:r
in a position to continue representing the City. Consultant shall invoice the City for all work
sat/sfactorily completed and shall be compensated in accordance with the terms of this
Agreement. All reports and otha: documents, or data, or work related to the project shall
become the property of the City up on terrrination of this Agreement.
This Agreement may be tenmnated in whole or in part, in writing by either party in the event
of substantial faiktre by the other p arty to fulfill its obligations under this Agreement through
no fault of the terminating party. Provided, however, that no such termination may be
affected, unless the other party is given [1] written notice (delivered by certified mail, return
receipt request) of intent to terrrdnate, and not less than thirty (30) calendar days to cure the
failure; and, [2] an opportunity for consultation with the terminating party prior to
t ermnation.
Nottmg contained herdn or elsewhere in this Agreement shall require the City to p ay for any
workwhich is unsatisfactory or which is not submitted in compliance with the terrr~ of this
Agreement.
X. Alternate Disgute Resolution: TheConsultant andtheCity agreethat, if necessary,
they will use their best efforts to resolve any disputes regarding the Agreement through the use of
med/ation or other forr~ of alternate dispute resolution set forth in Chapter 154 of the Texas Civil
Practices and Remedies Code (V.A.T.C.S).
XI. Entire Ag_reement: This Agreement represents the entire agreement and
understanding between the parties and any negotiations, proposals, or oral agreements are intended
to be integrated herein and to be superseded by this written Agreement. Any supplement or
amendment to this Agreement, in order to be effective, shall be in writing and signed by the City and
the Consultant.
XII. Compliance with Laws: The Consultant shall comply with all federal, state, local
laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now
read or hereafter be amended, including but not limited to the Texas Disdplinary Rules of
Professional Conduct.
XIK Governing Law: For the purpose of determining place of agreement and law
govaxSng same, this Agreement is entered into in the City and County of Denton, State of Texas,
and shall be construed in accordance with, and g~vamed by the laws of the State of Texas. Venue
and jurisdiction of any suit or cause of action arising under or in conmction with this Agreement
shall lie exclusively in a court of competent jurisdiction sitting in Denton County, Texas.
Page 6
XIV. Discrimination Prohibited: In performing the services required hereunder, the
Consultant shall not dismminate against any person on thebasis of race, color, religion, sex, national
ori~n or ancestry, age, or physical handicap.
XV. Personnel:
Consultant represents that k has or will secure at its own exp rose all persormel required
to perform the services required under this Agreement. Such personnel shall not be
empbyees nor have any contractual relations wkh the City. Consultant shall inform
theCity of any conflict of interest or potmtial conflict of interest that may arise during
the term of this Agreement, in accordance with Consultant's responsibilities undo: the
Texas Disdplinary Rules of Professional Conduct.
All services required hereunder will be performed by the Consultant or under its direct
supervision. All personnel engaged in work shall be qualified and shall be licmsed,
authorized, or permitted under state and local laws to perform such services.
X¥I. Assignability: The Consultant shall not assign any interest in this
Agreement and shall not transfer any interest in this Agreement (whether by assigpa-nent, novation,
or otherwise) without the prior written consent of the City thereto.
XVI[ Severability: All agreements and covenants contained herdn are
severable, and in the event any of them, with the exception of those contained in sections headed
"Scope of Services", "Independent Contractor Relationship", and "Compensation and Method of
Payment" hereof, shall be held to be invalid by any couxt of competent jurisdiction, this Agreement
shall be interpreted as though such invalid agreements or covenants were not contained herdn.
XVI]I. Responsibilities forClaims andLialility: Approval by the City
shall not constitutenor be deened a release of the responsibility and liability of the Consultant for
the accuracy and competency of its work; nor shall such approval be deemed to be an assumption of
such responsibility of the City for any defect in any report or other documents prepared by the
Consultant, its shareholders, associates, employees, officers, or agents in connection with this
engagement.
XIX. Modification of Agreement: No waiver or modification of this Agreement
or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly
executed by theparty 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 as aforesaid. The parties further agree that the provisions
of this article will not be waived as herein set forth.
XX. Captions: The captions of this Agreement are for informatioml purposes only
and shall not in any way affect the substantiveterms or conditions of this Agreement.
Page 7
XXI. Binding Effect: This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective heirs, executors, administrators, legal representatives,
successors, and assigns, where permitted by this Agreement.
IN WITNESS }tERI3OF, theCity of Denton, Texas has executed this Agreement in four (4)
oril~al counterp arts by and through its duly authorized City Manager; and Consukant has executed
this Agreement by andthrough its duly authorized undersigned Shareholder, dated this the __
day of ,2005, but effective as of December 15, 2004.
CITYOF DENTON, TEXAS
A Texas Municipal Corporation
By:
Michael A. Conduff, City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITYATTORNEY
BOOTH & ASSOCIATIES, P.C., D/B/A
BOOTH, AHRENS & WERKENTHIN, P.C.
A Texas Professional Corporation
Michaei J. ~oo~, President
Page8
ATTEST:
By:
..N_O..TICE TO CLIENTS
The Stale Bax of Tex~s investigates and prosecutes proEssional misconduct committed by Texas attorneys.
Although not every complaint against or dispute with a lawyer involves pmL'ssional misconduct, the State Bar of Texas
Office of General Coumel will provide you with information about how to file a complaint, For more information
ple~e call 1-800-932-1900. This is a toll-free call
S:\Our Doc~nents\Contracts\03~Booth Ahrens & WerkenthinPSA-Legal Water Issues-2003.doc
Page 9
CITY OF DENTON, TEXAS
PUBLIC UTILITIES BOARD MEETING AGENDA
MARCH 28, 2005
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, March 28, 2005 at
9:05 a.m. in the Service Cemer Training Room, City of Demon Service Cemer, 901-A Texas
Street, Denton, Texas.
Present:
John Baines, Bob Bland, Bill Cheek Phil Gallivan, George Hopkins,
Charldean Newell, Dick Smith
EX OFFICIO MEMBERS
Howard Martin, ACM/Utilities
CONSENT AGENDA:
1)
Consider approval of an easemem from the City of DeNon, Texas to Verizon Wireless for a
0.0328 acre tract of land, described by metes and bounds, situated in the Mary Austin Survey,
Abstract No. 4, in the City of Denton, Denton County, Texas, and being a portion of the
Remainder of Lot 1, Block 2 of the Municipal Utility Addition, an addition to the City of
Denton, Texas, as recorded in Cabinet G, Page 346, Plat Records, Denton County, Texas.
2) Consider approval of Bid No. 3300 for a Three-Year Comract for Substation Switches from
the lowest responsible bidder for each line item.
3)
Consider approval of Bid No. 3244 for a Two-Year Contract for Water and Sewer Inventory
awarded to the lowest responsible bidder for each section, in the annual estimated amount of
$500,000.
4)
Consider approval of a Professional Services Agreemem with the law firm of Booth, Ahrens &
Werkenthin, P.C., Austin, Texas for legal services related to water rights and water legislative
issues in an amoum not to exceed $55,000.
Board Member Dick Smith moved to approved the Consent Agenda with a second from
Board Member Phil Gallivan. The motion was approved by a vote of 6-0.
Note: (Board Member John Baines arrived late and did not have the opportunity to vote on
the Consent Agenda).
Page 1 of 1
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
April 19, 2005
Utility Administration
Howard Martin, Utilities 349-8232
SUBJECT
Consider adoption of an ordinance amending Chapter 26 of the Code of Ordinances of the city of
denton, texas by adding thereto §26-233 "Water Conservation and Drought Contingency Plan";
and §26-234 "Criminal and Civil Penalties"; adopting a Water Conservation and Drought
Contingency Plan in accordance with the requirements of the law; establishing criteria for the
initiation and termination of drought response stages; establishing restrictions on certain water
uses; establishing procedures for graining variances; providing a criminal penalty not to exceed
$2,000 per violation; providing a civil penalty not to exceed $1,000 per day per violation; and
charging various 20% surcharge penalties on excessive water use; providing a savings clause;
providing a severability clause; and providing an effective date. (The Public Utilities Board
recommended approved by a vote of 4-0).
BACKGROUND
On March 28, 2005, staffpresemed the Public Utilities Board (PUB) (Exhibit 2) with the
strategy for updating Denton's Water Conservation and Drought Contingency Plan. The update
is required by the Texas Commission on Environmental Quality. The March 28th agenda item
contained detailed information pertaining to the legislative history of, and recent legislative
changes to, the water conservation and drought contingency plan. The 78th Texas Legislature
passed seven water conservation bills in 2003. In short, two of the bills directly affected water
conservation plans, Senate Bill 1094 and House Bill 2660. SB 1094 created a task force on
water conservation to review, evaluate, and recommend levels of water use efficiency and
conservation for Texas. Requirements for quantified five-year and ten-year water savings goals
in water conservation plans were established by HB 2660. However, these goals are not
enforceable. A third bill passed in 2003, HB 2663, established the requiremem for drought
comingency plans to include specific quamified goals for water use reductions during periods of
water shortages and drought.
The March 28th agenda item also contained information related to local and regional per-capita
water demand as well as the proposed strategy for complying with legislative requirements and
meeting water conservation goals. Denton's water demand per-capita compares favorably with
the regional average, the City of Dallas', and those of Dallas' larger customer cities. A number
of factors contribute to an area's per-capita including variations in climate, municipal
demographics, water utility profiles, and local water conservation efforts. The City of DeNon
implemented a water conservation plan in December of 1999. Denton's current plan includes a
water conservation rate structure, a public education program, an informative web site, a
xeriscape program, residential water audits, and an effluent reuse program. To further reduce
potential water loss, the Water Department manages a waterline replacement program and
conducts annual water audits. The current plan also established a water conservation goal of a
fifteen percent reduction in per-capita water consumption by the year 2050.
Water Conservation Plan Executive Summary_
The State Water Conservation Implememation Task Force (Task Force), with members
appoimed by the Texas Water Developmem Board (TWDB), was created to fulfill the mandate
of the legislation incorporated in Section 6 of Senate Bill 1094. One of the mandates of SB 1094
was the establishment of state wide per-capita targets and goals to be considered by water
providers. For municipal water providers, the Task Force suggested a minimum annual
reduction of one percent in total per-capita, based upon a five-year rolling average, until such
time as the entity achieves a total per-capita of 140 or less. Based on historical per-capita data,
best managemem practices (BMPs) water savings analysis, and recommendations by the Region
C Water Supply Planning Group's water conservation consultant, staff believes that a one
percent per year reduction in per-capita water use is obtainable over the next five and ten-year
periods. DeMon's specific goals are as follows:
· Achieve 2009 per-capita water use of 180 gpcd or less (five-year target). This represems a
reduction of 9 gpcd from the TWDB's projected per-capita water use.
· Achieve 2014 per-capita water use of 171 gpcd or less (ten-year target). This represems a
reduction of 18 gpcd from the TWDB's projected per-capita water use.
According to water savings analysis conducted by the Region C Water Supply Planning Group
and DeNon Water Utilities staff, the water conservation goals of this plan can be accomplished
through continued implementation of Denton's current conservation effort, water savings
resulting from low-flow plumbing fixtures and the new federal clothes washer standards, the
implementation of a lawn and landscape irrigation program, and the moderate growth of
Denton's effluent reuse program.
The lawn and landscape irrigation program, a new update to the currem plan, will be developed
and implememed in phases over the next few years. The program will include an ordinance that
may contain the following components: restrict watering to certain times of the day, deter
excessive watering of impervious surfaces, not allow watering during any form of precipitation,
require rain sensors on all new systems, and require proper maintenance of irrigation systems.
The implementation of the program in phases will allow time for staffto develop an ordinance
ensuring sufficient pubic participation as well as provide an adequate amount of time necessary
to educate customers about the requirements and restrictions of the ordinance.
Drought Contingency Plan Executive Summa _ry
Revisions in Denton's drought contingency plan are reflective of the 2005 changes to Dallas'
drought contingency plan. The need to coordinate Denton's plan with the Dallas' plan is
appropriate due to the following reasons: 1) DeMon's the water supply reservoirs (Lake Ray
Roberts and Lake Lewisville) are shared with Dallas and DeNon is the minority water rights
holder in both reservoirs; 2) DeNon is an umreated water supply customer of Dallas and will be
affected by restrictions that may be initiated by Dallas' plan, and 3) consistency between plans
will provide for a more effective implementation of Denton's drought contingency plan as a
result of Dallas' regional media coverage. Revisions in Denton's 2005 update to the drought
comingency plan include:
· Minor changes to trigger conditions for the Type B water management condition;
· Minor additions and edits to the menu of possible actions of water use restrictions for
demand reduction; and,
· Adjustments to the specific quantified targets for water use reductions during periods of
water shortages and drought.
Revisions to the drought contingency plan were not previously presented to the PUB or the
Council Environment Committee as staff received Dallas' draft 2005 update subsequent to those
meetings.
Denton's Water Conservation and Drought Contingency Plan has been updated to reflect the
changes describe above. The style of the plan has also been reformatted to closely resemble the
model plan developed by the Region C Water Supply Planning Group. The Demon Water
Conservation and Drought Comingency Plan is included in Exhibit 3.
OPTIONS
1. Accept the proposed Plan without modification.
2. Accept the proposed Plan with modifications.
3. Do not accept the proposed Plan.
RECOMMENDATION
Staff recommends Option 1, accepting the proposed ordinance without modification.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Strategy for the 2005 update to the Water Conservation and Drought Contingency Plan was
presented to the Public Utilities Board on March 28, 2005.
The Strategy for the 2005 update to the Water Conservation and Drought Contingency Plan was
presented to the Council Environment Committee on March 29, 2005.
The 2005 Water Conservation and Drought Contingency Plan was presented to the Public
Utilities Board on April 11, 2005. The PUB approved the Plan with a 4-0 vote recommending a
change in the Plan to include a day of week watering schedule instead of the existing 5-day
watering schedule.
FISCAL INFORMATION
N/A
BID INFORMATION
N/A
DATE SCHEDULED FOR COUNCIL APPROVAL
This item will be discussed at the April 19, 2005 City Council Work Session.
EXHIBITS
1. Ordinance - Water Conservation and Drought Contingency Plan
Submitted by:
Prepared by:
Howard Martin
Assistam City Manager Utilities
Tim Fisher, P.E.
Assistant Director of Water Utilities
ORDINANCE NO. 2005-
AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE
CITY OF DENTON, TEXAS BY ADDING THERETO §26-233 "WATER CONSERVATION
AND DROUGHT CONTINGENCY PLAN"; AND §26-234 "CRIMINAL AND CIVIL PEN-
ALTIES''; ADOPTING A WATER CONSERVATION AND DROUGHT CONTINGENCY
PLAN IN ACCORDANCE WITH THE REQUIREMENTS OF THE LAW; ESTABLISHING
CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE
STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISH-
lNG PROCEDURES FOR GRANTING VARIANCES; PROVIDING A CRIMINAL PEN-
ALTY NOT TO EXCEED $2,000 PER VIOLATION; PROVIDING A CIVIL PENALTY NOT
TO EXCEED $1,000 PER DAY PER VIOLATION; AND CHARGING VARIOUS 20% SUR-
CHARGE PENALTIES ON EXCESSIVE WATER USE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, §11.1271 and 11.1272 of the Texas Water Code and applicable rules of the
Texas Commission on Environmental Quality require the City to include specific, quantified
five-year and ten-year targets for water savings and specific quantified targets for water use re-
ductions during periods of water shortages and drought in the Water Conservation and Drought
Contingency Plan; and
WHEREAS, the City Council of the City of Denton, Texas recognizes that the amount of
water available to the City and its water utility customers is limited and subject to depletion dur-
ing periods of extended drought; and
WHEREAS, prior to the adoption of this ordinance, the City Council held a public hear-
ing to obtain citizen comments and input on the Water Conservation and Drought Contingency
Plan; and
WHEREAS, the City Council deems it in the public interest to adopt the following Water
Conservation and Drought Contingency Plan; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Chapter 26 of the Code of Ordinances of the City of Denton, Texas is
hereby amended by adding new §§26-233 and 26-234, which shall read as follows:
Sec. 26-233. Water conservation and drought contingency plan.
(a) Adoption ofplans. The Water Conservation and Drought Contingency Plan of the
City dated April 19, 2005, which is attached hereto, are hereby adopted by reference and is made
a part of this Code of Ordinances for all purposes, as if fully set forth herein.
1 EXHIBIT 1
(b) Surcharges. In addition to the penalties set forth in §26-234 below, the surcharge
penalties of 20% for commercial, industrial, and residential customers may be imposed in accor-
dance with the Water Conservation and Drought Contingency Plan:
(c) Authority. The City Manager and Assistant City Manager for Utilities are author-
ized to implement measures prescribed and required by this section and by the Water Conserva-
tion and Drought Contingency Plan approved by the City Council. The Assistant City Manager
for Utilities is authorized to enforce the measures implemented and to promulgate regulations not
in conflict with this section or with state and federal laws in aid of enforcement.
(d) Implementation of emergency order. The Assistant City Manager for Utilities,
upon determination that the conditions for a water emergency exist, may take the actions indi-
cated under the Water Conservation and Drought Contingency Plan, and shall advise the City
Manager. The City Manager may order that the appropriate state of emergency response, as de-
tailed in the Water Conservation and Drought Contingency Plan, be implemented. To be effec-
tive, the order must be:
(1) made by public announcement via electronic media; and
(2)
published in a newspaper of general circulation of the City within 24 hours
after the public announcement, which order becomes effective immedi-
ately upon publication.
(e) Duration of the order; change; extension. All initiated actions will remain in ef-
fect until the conditions that triggered the order have been eliminated or as otherwise provided in
the Water Conservation and Drought Contingency Plan. Upon recommendation of the Assistant
City Manager for Utilities, the City Manager may terminate, upgrade, or downgrade the state of
emergency in accordance with the requirements of the Water Conservation and Drought Contin-
gency Plan. Any change in the order must be made in the same manner prescribed in subsection
(d) for implementing an emergency order.
(f) Wholesale service to customers outside the city. The Assistant City Manager for
Utilities shall notify customers receiving wholesale water service from the City when any stage
of the Water Conservation and Drought Contingency Plan has been initiated or terminated in
case of pro-rata water allocations. The Assistant City Manager for Utilities may restrict service
to customers outside the City, as permitted under contract and state law.
(g) Authority under other laws. Nothing in this section shall be construed to limit the
authority of the Mayor, the City Council, or the City Manager to take emergency action or to
seek emergency relief under Chapter 9 "Emergency Management" or under the provisions of any
applicable state or federal laws.
Sec. 26-234. Criminal and Civil Penalties.
(a) A person commits an offense if he or she knowingly makes, causes, or permits a
use of water contrary to the measures implemented in the Water Conservation and Drought Con-
2
tingency Plan (the "Plan"). For the purposes of this section, it is presumed that a person has
knowingly made, caused, or permitted a use of water contrary to the measures implemented if
the mandatory measures have been implemented according to the Plan and any one of the fol-
lowing conditions apply:
(1) The Plan prohibits the manner of use; or
(2) The amoum of water used exceeds the amoum allowed by the Plan; or
(3)
The amount of use or the amount used violates the terms and conditions of
a compliance agreement following a variance granted by the Assistant
City Manager for Utilities.
(b) The following penalty shall apply during Stages 3 and 4 of the Plan: Any person
who knowingly violates any provision of this article shall, upon conviction, be punished by a
fine not to exceed two thousand dollars ($2,000.00). Each day that one or more provisions in
this Plan is violated shall be considered to be a separate offense.
(c) The City Attorney is authorized to commence an action for appropriate legal or
equitable relief in a court of competem jurisdiction in addition to the penalty memioned in the
above subsection (b). Such additional relief may include:
(1) An injunction to prevem a violation of this chapter;
(2)
Recovery for expenses incurred by the City in responding to a violation of
this Chapter;
(3)
A civil fine of up to one thousand dollars ($1,000.00) per day for viola-
tions of §26-233 and the Plan attached hereto; or
(4)
All other damages, costs, remedies and legal processes to which the City
may be entitled.
SECTION 2. That this ordinance shall be cumulative of all provisions of ordinances and
of the Code of Ordinances of the City of DeNon, Texas, as amended, except when provisions of
this ordinance are in direct conflict with the provisions of such ordinances and such Code. All
conflicting provisions of such ordinances and such Code are hereby repealed to the extent of that
conflict only.
SECTION 3. That it is hereby declared to be the intention of the City Council that the
sections, paragraphs, semences, clauses, and phrases of this ordinance are severable, and, if any
phrase, clause, semence, paragraph, or section of this ordinance shall be declared unconstitu-
tional by the valid judgmem or decree of any court of competem jurisdiction, such unconstitu-
tionality shall not affect any of the remaining phrases, clauses, semences, paragraphs, and sec-
tions of this ordinance since the same would have been enacted by the City Council without the
incorporation of this ordinance of any such unconstitutional phrase, clause, sentence, paragraph,
or section.
SECTION 4. That this ordinance shall become effective fourteen (14) days from the
date of its passage, and the City Secretary is hereby directed to cause the caption of this ordi-
nance to be published twice in the Denton Record-Chronicle, the official newspaper of the City
of Denton, Texas, within ten days of the date of its passage.
PASSED AND APPROVED this the
__day of ,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
CITY ATTORNEY
By:
4
CITY OF DENTON, TEXAS
PUBLIC UTILITIES BOARD MEETING AGENDA
APRIL 11, 2005
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, April 11, 2005 at
9:04 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
Street, Denton, Texas.
Present:
Bill Cheek, Phil Gallivan, George Hopkins, Charldean Newell
EX OFFICIO MEMBERS
Mike Conduff, City Manager
Howard Martin, ACM/Utilities
Excused:
John Baines
Bob Bland
Dick Smith
ITEMS FOR INDIVIDUAL CONSIDERATION:
4) Consider and recommend approval of the 2005 update to the "Water Conservation and
Drought Contingency Plan".
Tim Fisher, Assistant Director of Water Utilities presented the update.
Board Member Bill Cheek suggested that staff responsible for irrigation of City
Government landscape, such as parks and golf courses, become familiar with the
updated goals of Denton's 2005 Water Conservation and Drought Contingency
Plan. Cheek explained that citizens would become more vigilant of the City's
efforts to comply with the revised Water Conservation Plan following the
education campaign.
Hopkins stated that the restriction of water meter connections, resulting from Stage
3 conditions, appears to be mandatory. Fisher explained that the preamble to the
menu states that the Director of Water Utilities can order the implementation of any
of the actions as deemed necessary.
Board Member Charldean Newell suggested that the 2005 Drought Contingency
Plan include a provision stating that in the event of a Stage 4 landscape and
watering restriction, the City should temporarily-suspend the landscape ordinance
pertaining to new construction. She explained that the City should not require
people to put in landscaping that may not survive a crisis period. Fisher explained
that the City would refuse to set meters during critical periods. The City could then
Page 1 of 2
issue a temporary CO with a punch list of items stating that once the City hits a
Stage 3 with a certain lake-level, the City will re-evaluate
Discussion of irrigation systems ensued, with the Board Members concerned that
some sprinkler systems do not allow for setting irrigation at intervals versus days.
The Board Members agreed that it would be simpler to set timers for days of the
week.
Example:
· For addresses ending in 0,2,4,6, or 8 (Even) watering is limited to Sundays and Thursdays
· For addresses ending in 1,3,5,7, or 9 (Odd) watering is limited to Saturdays and Wednesdays
Hopkins asked if a four-day watering schedule would put undue strain on the City's
ability to render that kind of volume over a four-day period. Fisher explained that
Demon's demand peaks on Mondays and Fridays, so it would be more of a
convenience advamage by giving everyone one day on the weekend and one day
during the week.
Hopkins pointed out that a two-day watering schedule would be easier to enforce than the existing
five-day watering schedule. The current five-day schedule starts on a certain day of the month,
based on the last digit of the address. Watering is allowed every 5th day.
Hopkins moved approval of the plan subject to revisions to include a day of
the week watering schedule instead of the existing 5-day watering schedule,
with a second from Cheek. The motion was approved by a vote of 4-0.
Charldean Newell, Chairperson
Howard Martin, ACM/Utilities
Lynn Pedrick, Secretary
Page 2 of 2
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
April 19, 2005
Human Resources
Kathy DuBose
SUBJECT
Consider approval of a resolution established a standing process for City Council appointee
performance reviews; and providing an effective date.
BACKGROUND
At the April 12, 2004, City Council meeting, the City Council approved a resolution establishing
a standing committee of the City Council for City Council appointee performance measures.
This committee's focus is to (1) recommend to the City Council yearly performance goals for the
City Manager, City Attorney, and Municipal Judge, (2) periodically review the goals and make
recommended changes as needed to the City Council, and (3) review the job descriptions for the
City Manager, City Attorney, and Municipal Judge and make recommended changes as needed
to the City Council.
Over the past year, the committee has worked diligently to establish a process for the City
Council appointee reviews (reference Exhibit "A"). Since this process has been successful,
Council has requested that it be formalized through a resolution.
EXHIBITS
Resolution
Exhibit "A": Standing Process for Council Appointee Performance Reviews
Respectfully submitted:
Carla J. Romine
Director of Human Resources
S:\Our Documents\Resolutions\05\Council Performance Commttee. DOC
RESOLUTION NO.
A RESOLUTION ESTABLISHING A STANDING PROCESS FOR:. CITY COUNCIL AP-
POINTEE PERFORMANCE REVIEWS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. R2004-020 the Denton City Council established
a Council Appointee Performance Review Committee (the "Committee") to make recommenda-
tions to the City Council for City Council appointees, being the city manager, city attorney and
municipal court judge; and
WHEREAS, the City Council and Committee desire to establish a standing process for
City Council appointee reviews which is set forth in Exhibit "A" attached hereto and made a part
hereof by reference (the "Standing Process')
WHEREAS, the City Council finds that it is in the public interest to establish the Stand-
ing Process for Council appointee perfom~ance reviews; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The findings and recitations contained in the preamble of this resolution
are incorporated herein by reference.
SECTION 2 The City Council hereby establishes the Standing Process for performance
reviews and evaluations of the city manager, city attorney and municipal court judge.
SECTION 3. This resolution shall become effective inmaediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ,2005.
EUL1NE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAl/FORM:
BY: - '/ / -'
EXHIBIT "A"
STANDING PROCESS
FOR
COUNCIL APPOINTEE PERFORMANCE REVIEWS
Process Timeline
1. Appointees sub~'it"a'listing of personal and professionai'"g0'als January
to the Committee for the performance year (March 1 -
February 28)
2. Committee reviews ~e goals and makes recommend~ii&~ i:or February
changes; meets with appointee to discuss changes
3. Committee presents goals to City Council for input and February/March
discussion
4. Committee meets with appointees to discuss any changes February/March
Council may have; appointee signs goals which is filed in (following
his/her perso .I~.....e!....~..1..e Council meeting)
5. Committee may meet with appointees for a mid-year review September
of goals; changes may be made to the goals based on feedback
from the Council, Committee, or appointees
6. Appointees submit a report of accomplishments based on January
established goals to Committee
7. Committee reviews accomplishments; meets with appointees February
to discuss, especially if there are questions;
8. Committee presents report of accomplishments to Council for February/March
review and discussion; Committee makes recommendations to
Council as to any performance increases for appointees
9. Appointees meet with the full Council to review and discuss February/March
the past year's accomplishments and receive any specific
feedback.
AGENDA INFORMATION SHEET
AGENDA DATE: April 19, 2005
DEPARTMENT: Finance
ACM: Kathy DuBose
SUBJECT
Consider approval of a resolution of the City of DeNon, Texas authorizing the Public
Utility Commission of Texas to set the access line rate at the new CPi-Adjusted
Maximum rate to be paid to the City by Certificated Telecommunications Providers
pursuam to Chapter 283 of the Texas Local Governmem Code, ("HB 1777"), and
providing an effective date.
BACKGROUND
In Texas, most cities are compensated for the use of the public right-of-way by Certified
Telecommunication Providers (CTPs) using access line rates. These rates are momhly
fees paid by residential, business and point-to-point customers to CTPs, who in turn,
compensate the City. Pursuam to Chapter 283 of the Local Governmem Code (or House
Bill 1777), the PUC is required to adjust the maximum access line rates for the City by an
amoum equal to one half the annual change in the Consumer Price index (CPi) for the
year 2004. Based on information obtained from the Federal Bureau of Labor Statistics,
the PUC has determined that one half the annual change in CPi for 2004 is 1.27%. if a
city desires to decline the increase in access line rates, it must respond by April 30, 2005.
The city must indicate its desired rates, which cannot exceed the new CPi-Adjusted
Maximum rate.
RECOMMENDATIONS
Staff recommends approval of the resolution and approval to forward the resolution to the
Public Utility Commission of Texas as required by State Law.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On November 16, 1999, City Council approved a resolution authorizing the Public Utility
Commission to calculate access line rates and the allocation due to the City of Denton.
On March 28, 2000, City Council approved a resolution authorizing the Public Utility
Commission to calculate the access line rates the City of Denton is authorized to charge
Certificated Telecommunication Providers for use of its rights-of-way and exempting
Lifeline customers from the access line fees.
Agenda Information Sheet
April 19, 2005
Page 2
Annually, since 2002, City Council has approved a resolution authorizing the Public
Utility Commission to set the access line rates at the new CPI-Adjusted Maximum rate.
FISCAL INFORMATION
The following are the changes with the PUC adjustment for CPI:
Category 1 (Residential)
Category 2 (Business)
Category 3 (Point-to-Point)
Access Line Rate
Access Line Rate
$1.40 $1.42
$3.21 $3.26
$4.88 $4.95
Respectfully submitted:
Kathy DuBose
Assistant City Manager
&'Ou~ D0eum c nls'~so~ atio~',OST~C: ad. ju ~le~. Ra:e Ret, olm~on.d~
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE PUBLIC UTILITY
COMMISSION OF TEXAS TO SET THE ACCESS LINE RATE AT THE NEW CPI-
ADJUSTED MAXIMUM RATE TO BE PAID TO THE CITY BY CERTIFICATED
TELECOMMUNICATIONS PROVIDERS PURSUANT TO CHAPTER 283 OF THE TEXAS
LOCAL GOVERNMENT CODE, (" HB 1777"), AND DECLARING AN EFFECTIVE DATE.
WHEREAS, HB 1777, Chapter 283 of the Texas Local Government Code, established a
uniform method for calculating telecommunications franchise compensation paid to
municipalities by using access lines and allocating a rate per category of access line; and
WHEREAS, the Public Utility Commission of Texas (PUC) has requested the City of
Denton to elect if it desires the to set the access line rate at the current allocation formula of
$1.40 for residential access lines, $3.21 for non-residential access lines and $4.88 for point-to-
point access lines or to set the access line rate at the new CPI-adjusted Maximum Rate of $1.42
for residential access lines, $3.26 for non-residential access lines and $4.95 for point-to-point
access lines; and
WHEREAS, the City Council finds that the access line rate should be set at the new CPI-
adjusted Maximum Rate in order for the City of Denton to be fully compensated for the use of
the right-of-ways by Certificated Telecommunications Providers; NOW, THEREFORE,
THE COUNCIL OF THE C1TY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City Manager or his designee is authorized to inform the Public
Utility Commission by sending a copy of this Resolution to the PUC notifying the PUC pursuant
to state law that the access line rote should be set at the new CPI-adjusted Maximum Rate of
$1.42 for residential access lines, $3.26 for non-residential access lines and $4.95 for point-to-
point access lines in order for the City of Denton to be fully compensated for the use of the right-
of-ways by Certificated Telecommunications Providers.
SECTION 2. That this Resolution shall become effective immediately upon is passage
and approval by the City Council.
PASSED AND APPROVED this the ~
day of ,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
BY:
Page 2
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
April 19, 2005
Engineering and Utilities CIP
Howard Martin, Utilities 349-8232
SUBJECT
Consider an Ordinance approving an Encroachmem Agreemem between the City of DeNon and
Denton Area Teachers Credit Union, to allow a monument sign to be located within an existing
City Public Utility Easemem along Teasley Lane; and providing an effective date.
BACKGROUND
DeNon Area Teachers Credit Union (DATCU) requested the City to allow improvemems,
consisting of a monumem sign and related facilities, to be located in a City Public Utility
Easement on Teasley. The purpose of the sign is to advertise the address and location of the
DATCU.
DATCU will emer into an Encroachmem Agreemem in order to place its sign in the easemem.
The Encroachmem Agreemem provides the following: · Requires insurance of the sign/property owner
· Defines owner's maimenance responsibilities to protect city's easemem and
infrastructure
· Idemifies that sign is at risk for removal at no liability to the City
· Idemifies that the future widening of 2181 will require sign removal
· Idemifies owner's responsibility to remove sign upon notice from the City
OPTIONS
1. Approve the Ordinance
2. Deny
3. Table for future consideration
RECOMMENDATION
Staff recommends that Council schedule a work session to discuss the city's easemem protection
and encroachmem policies and their implememation.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None
FISCAL INFORMATION
None
EXHIBITS
1. Location Map
2. Ordinance
3. Encroachment Agreement
4. Applicants Formal Request
Respectfully submitted:
Jimmy D. Coulter, Acting Director
Engineering Department
Kelly Carpenter, AICP
Planning and Development Director
Prepared by:
Paul Williamson, Manager
Real Estate and Capital Support
N
Not to Scale
DATCU Encroachment Request
Location Map
EXHIBIT 1
ORDINANCE NO.
AN ORDINANCE APPROVING AN ENCROACHMENT AGREEMENT BETWEEN
THE CITY OF DENTON AND DENTON AREA TEACHERS CREDIT UNION TO
ALLOW A MONUMENT SIGN TO BE LOCATED WITHIN AN EXISTING CITY
PUBLIC UTILITY EASEMENT ALONG TEASLEY LANE; AND DECLARING AN
EFFECTIVE DATE THEREOF.
WHEREAS, the City of Denton has received a request from Denton Area
Teachers Credit Union, to allow a monument sign to be located within an existing City
Public Utility Easement pursuant to an Encroachment Agreement, a copy of which is
attached to this ordinance as Exhibit "A" (the "Agreement"); and
WHEREAS, the Council of the City of Denton, Texas has found and determined
that the Agreement is in the public interest; and 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 and the City Manager or his
designee is hereby authorized to execute the Agreement on behalf of the City of Denton.
SECTION 3. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this
__ day of ,2005.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Euline Brock, Mayor
BY:
APPROVED AS TO LEGAL FORM:
BY: ~:~ "' ~. ~.~.~/
Page 1
EXHIBIT 2
ENCROACHMENT AGREEMENT
WHEREAS, Denton Area Teachers Credit Union, (hereinafter referred to as "LICENSEE"),
by and through its undersigned authorized officer, has requested permission to use an area within the
boundaries of an existing CITY of Denton (the "CITY") Public Utility Easement ("CITY
EASEMENT") as defined below, located in Denton County, Texas for the installation of a
monument sign and related appurtenances (the "ENCROACHING FACILITY''); and
WHEREAS, the ENCROACHING FACILITY will be located within that portion of the
CITY EASEMENT and more particularly described as an sixteen square foot parcel in Exhibit "A"
attached hereto and illustrated in Exhibit "B" made a part hereof by reference (the
"ENCROACHMENT AREA"); and
WHEREAS, LICENSEE has entered into this agreement to set forth certain responsibilities
that it has under this Agreement; and
WHEREAS, The CITY of Denton, Texas ("CITY") hereby grants pemfission and license to
LICENSEE to the locate, maintain and repair the ENCROACHING FACILITY within the
ENCROACHMENT AREA, subject to the following terms and conditions:
1. It is understood and agreed that the CITY only holds EASEMENT interests for the CITY
EASEMENT portion of the ENCROACHMENT AREA. Therefore, LICENSEE is responsible to
obtain whatever rights and permission, other than the CITY's that are necessary from any others
having an interest in the ENCROACHMENT AREA. This agreement shall extend to and be binding
upon LICENSEE and its heirs, successors, and assigns, and is not to be interpreted as a waiver of any
rights held by the CITY under CITY's EASEMENT.
2. The ENCROACHING FACILITY shall be constructed in such a manner, as not to interfere
with the CITY facilities and shall be limited to and constructed in accordance with the City of
Denton Development Code requireanents. LICENSEE shall be required to obtain a sign permit from
the City of Denton prior to installation and placement of the sign. LICENSEE'S proposed PLANS
AND SPECIFICATIONS are attached hereto and made a part hereof as Exhibit "C" (the "PLANS
AND SPECIFICATIONS"), LICENSEE shall not make any modifications to the PLANS AND
SPECIFICATIONS without advance written approval by the CITY ("Authorized Modifications").
When refer'ring to the ENCROACHING FACILITY within this agreement such term shall mean the
ENCROACHING FACILITY constructed in accordance with the PLANS AND SPECIFICATIONS
and Authorized Modifications, if any. The CITY reserves the right to limit excavation within the
ENCROACHMENT AREA and/or to require specific construction methods (including trench
shoring or dry bore and casing installation techniques) for any proposed utility work that may be
permitted by this agreement. These limitations or construction methods shall be included in the
construction PLANS AND SPECIFICATIONS for any work performed within the
ENCROACHMENT AREA. In addition, the LICENSEE shall provide adequate inspection and
coordination with the CITY to insure the contractor adheres to these items during construction.
EXHIBIT 3
3. The ENCROACHING FACILITY is subordinate to the CITY's facilities and rights under the
CITY EASEMENT, including without limitation, utilities and related facilities located now or in the
future within the ENCROACHMENT AREA. In the event the CITY repairs, expands, or adds to its
facilities within the ENCROACHMENT AREA, and in the CITY's sole opinion it is necessary that
the Encroaching Facilities be modified, removed or relocated, in whole or in part, to accommodate
such repairs, expansion or addition, LICENSEE shall, at its sole cost, modify, remove or relocate the
ENCROACHING FACILITY, as directed by the CITY, no later than 30 days after CITY gives
LICENSEE written notice, unless an emergency repair is necessary wherein the CITY has the right to
remove the ENCROACHING FACILITY immediately at the LICENSEE's sole cost and expense
without any liability to CITY for such action. LICENSEE acknowledges that there are approved
project plans to widen FM 2181 (Teasley Lane) in the near term which will include utility
relocations, and that the ENCROACHING FACILITY will be removed. LICENSEE acknowledges
that they have full knowledge that ENCROACHING FACILITY will need to be relocated to another
location at LICENSEE's sole cost and expense. LICENSEE confirms and acknowledges that the
ENCROACHING FACILITY and all LICENSEE's expenses for such are at risk. The CITY will
not reimburse LICENSEE in any form for removal and relocation of the ENCROACHING
FACILITIES.
4. LICENSEE shall defend, indenmify and hold harmless the CITY, its employees and agents
from and against any and all claims, expenses, (including attorney fees), damages, losses and
judgments arising out of or incident to the presence, construction, operation and maintenance of the
ENCROACHING FACILITY. Before performing any work within the ENCROACHMENT AREA,
LICENSEE and its agents or contractors shall provide to the CITY such certificate or certificates of
insurance complying with the CITY's insurance requirements prior to construction or placement of
the ENCROACHING FACILITY.
5. LICENSEE and it' s successors and assigns to, shall 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.
6. LICENSEE will limit the cuts needed in the ENCROACHMENT AREA crossing zones
required for construction of the ENCROACHING FACILITY to prevent construction equipment
from damaging existing CITY facilities or public utilities located with/n the ENCROACHMENT
AREA and adjacent areas.
7. R is agreed that no trash dumpsters, toxic substances or flammable material will be allowed
on or in the ENCROACHMENT AREA.
8. The CITY will not be responsible for any costs of construction, operation and maintenance of
LICENSEE' S ENCROACHING FACILITY. It is further agreed that the CITY shall not be hable for
any damage to the ENCROACHING FACILITY as a result of the CITY's use pursuant to its
EASEMENT. If any CITY property is damaged or destroyed by LICENSEE or its agents it may be
repaired or replaced by the CITY at LICENSEE's expense and payment is due upon LICENSEE's
S:\OUR DOCUMENTS\Contracts\OS\DATCU Encroachment Agreement.DOC Page 2
receipt of an invoice fi.om the CITY.
9. Grading, if any, shall be done in order to leave the ENCROACHMENT AREA and
EASEMENT in as near as possible to its present condition. Spoil dirt and all trash shall be removed
from these areas.
10. Construction equipment and materials shall not be stored on the ENCROACHMENT AREA
or EASEMENT or right-of-way areas during construction.
11. It is understood and agreed that, in case of default by LICENSEE or its agents in any of the
terms and conditions herein stated and such default continues for a period often (10) days after the
CITY notifies LICENSEE of such default, the CITY may at its election forthwith terminate this
agreement and upon such termination all of LICENSEE's rights hereunder shall cease and come to an
end. This agreement shall also terminate upon the abandonment of the ENCROACHING
FACILITY.
12. This agreement shall be construed under the laws of the State of Texas and is fully
performable in Denton County, Texas.
Dated to be effective as of th6 __ day of
,2005.
CITY OF DENTON, TEXAS
BY:
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
MICHAEL A CONDUFF
CITY MANAGER
215 E. McK/uney
Denton, Texas 76201
BY:
APPROVED AS T94~ORM:
TTO Y
S:\OUR DOCUMENTS\Contracts\O5\DATCU Encroachment Agreement.DOC Page 3
DENTON AREA TEACHERS CREDIT UNION
BY:
Name:
Title:
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on ,2005
by Michael A. Conduff, CITY Manager of the CITY 'of Denton, Texas, on behalf of such
municipality.
Notary Public in and for the State of Texas
My Commission Expires:
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on
By ,
Teachers Credit Union, on behalf of said credit union.
,2005
of Denton Area
Notary Public in and for the State of Texas
My Commission Expires:
S:\OUR DOCUMENTS\Contracts\O5\DATCU Encroachment Agreement. DOC Page 4
'0~'-22-05 02:03m From-Ht)E ORTS 3146G?O66Z ?-026 P.02/02 1:-185
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
April 19, 2005
Planning and Development Department
Jon Fortune, Assistant City Manager
SUBJECT - Z04-0009 (Hinkle Addition)
Cominue a public hearing and consider adoption of an ordinance rezoning approximately 19.85
acres from the Neighborhood Residemial 4 (NR-4) zoning district to the Neighborhood
Residemial Mixed Use (NRMU-12) zoning district with an overlay. The property is located on
the east side of Hinkle Drive, approximately 850 feet north of University Drive. The Planning
and Zoning Commission recommends denial (6-0). SUPER MAJORITY VOTE REQUIRED
FOR APPROVAL.
BACKGROUND
Applicam: Randall Smith & Associates DeNon, TX
The applicant requests to rezone the property to a Neighborhood Residential Mixed Use 12
(NRMU-12) zoning district with an overlay to restrict multi-family uses throughout the subject
site. This overlay district is designed to permit all uses in the NRMU-12 zoning district, except
multi-family uses.
The subject site is located adjacem to existing NRMU-12 and NRMU zoning districts. Civic,
commercial, and institutional uses, including a church, a grocery store, banks, offices, assisted
living facilities, restaurants, and the fair grounds are located within one-half mile of the site.
This case was scheduled for City Council consideration on April 5, 2005. However, the absence
of 2 council members made it impossible to obtain the required super majority vote for approval.
The City Council cominued the public hearing to April 19, 2005.
The applicam requested the delay of the City Council public hearing for approximately seven
momhs after receiving a recommendation for denial from the Planning and Zoning Commission
on June 23, 2004, for the zoning change described above in order to address neighborhood
concerns. Subsequemly, the applicam met with the neighbors and presemed a new site plan for
their consideration (see Attachmem 10). Staff was not informed of the meeting and therefore did
not attend the meeting and is not in position to convey what issues were discussed. The new site
plan shows the proposed lot layout and drainage easement. However, these features do not relate
to zoning standards and could not be enforced by a zoning overlay district.
The Planning and Zoning Commission cominued/tabled this zoning request twice (see the
Chronology section for details) requiring re-notification multiple times.
Twenty (20) legal notices were mailed to property owners within 200 feet of the property for the
April 28, 2004 Planning & Zoning Commission meeting. Staff received four (4) written
responses in opposition, one (1) in favor, and one (1) neutral. Of the land within 200 feet of the
subject property 4.7% was in opposition to the request.
Staff mailed 20 legal notices to property owners within 200 feet of the property for the June 23,
2004, Planning & Zoning Commission meeting. Staff received eight responses from property
owners within 200 feet of the property [six in opposition, one in favor, and one neutral], and
forty-five (45) responses beyond 200 feet of the property (all in opposition) for a total of 53
responses. Of the land within 200 feet of the subject property 26.1% was in opposition to the
request.
Staff re-notified 20 property owners within 200 feet and 53 residents within 500 feet of the
subject property and advertised the public hearing in the newspaper due to the time delay
between the Planning and Zoning Commission meeting and the City Council meeting on this
item. We received additional opposition letters: one (1) from a property owner within 200 feet
increasing the percentage of opposition to 26.5%, and one (1) letter in opposition from a property
owner beyond 200 feet of the subject property. All the letters received are listed in Attachment
8. Since opposition is over 20% and the Planning and Zoning Commission recommends
denial, if the City Council approves the rezoning request, it must be with a super majority
vote.
OPTIONS
1. Approve as submitted.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends denial (6-0).
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 Z04-0009:
June 23, 2004, the Planning & Zoning Commission recommended denial of the request to rezone
approximately 19.85 acres from the Neighborhood Residential 4 (NR-4) zoning district to the
Neighborhood Residential Mixed Use (NRMU) zoning district with an overlay.
May 26, 2004, the Planning & Zoning Commission approved a motion to table the public
hearing.
April 28, 2004, the Planning & Zoning Commission approved a motion to continue the public
hearing so that the applicant could revise the proposal and staff could review the applicability of
the overlay district. During this time, staff and the applicant determined that an overlay district
was more appropriate in conjunction with a request to rezone the property to NRMU-12.
Applicant resubmitted the application using the overlay with multi-family prohibitions.
October 20, 2003; the neighboring residents and property owners met with the applicant and
expressed concerns regarding increased traffic congestion along Hinkle Drive, the possibility of
multi-family development, potential light pollution and the preservation of existing trees.
Ordinance 2002-040 adopted February 2002, placed the subject property in the Neighborhood
Residential 4 (NR-4) zoning district and land use classification.
Prior to the adoption of the Developmem Code (Ordinance 2002-040), the property was in the
Single-Family 16 (SF 16) zoning district.
January 21, 1992, City of DeNon City Council approved a request to rezone approximately 19.8
acres from Planned Developmem 95 (PD) classification to Single-Family 16 (SF 16) zoning
district (Ordinance 92-011). A specific use permit for a personal health care facility was
approved for 4.82 acres of this tract (Ordinance 92-012).
March 19, 1985, City of DeNon City Council approved a request to rezone approximately 16.8
acres from Single-Family 10 (SF-10) to Planned Developmem 95 (PD) classification, for the
purpose of a retiremem campus (Ordinance 85-62).
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Public Notification (Property Owner Notification Map)
4. Map of Site with Restricted Area
5. Site Photo
6. April 28, 2004, Planning & Zoning Commission Meeting Minutes
7. Comparison Chart for NR-4, NRMU-12 & NRMU Zoning Districts
8. Written Responses to the Request
9. June 23, 2004, Planning & Zoning Commission Meeting Minutes
10. Proposed Site Plan
11. Ordinance
Prepared by:
Deborah Viera, AICP
Planner II
Respectfully submitted:
Kelly Carpemer, AICP
Director of Planning and Developmem
ATTACHMENT 1
Staff Analysis
Summary_ of Zoning Request
The applicant is requesting to rezone approximately 19.85 acres from the Neighborhood
Residential 4 (NR-4) zoning district to the Neighborhood Residential Mixed Use 12 (NRMU-12)
zoning district with an overlay. The proposed overlay will restrict multi-family uses throughout
the entire lot. Permitted uses within the NRMU-12 zoning district will be permitted, except for
multi-family development, which would be restricted.
The proposed zoning change would provide approximately 900 feet of NRMU-12 zoning
designation fronting along Hinkle Drive. The NRMU-12 district will serve as a continuation of
the existing neighborhood center node to the north and east of the site, which includes existing
offices, assisted living facilities, and the fair grounds. The property is within walking distance to
a community mixed use activity center, which includes the following existing services,
restaurants, a church, banks, and a grocery store. The subject property is in compliance with the
Denton Plan regarding the typical service area for a neighborhood center and typical housing
types.
Existing Condition of Property
The subject property is undeveloped. An "Environmentally Sensitive Area" and floodplain
bisects the site. Drainage improvements will be required on the preliminary and final plats.
Adjacent Zoning
North: Neighborhood Residential Mixed Use 12 (NRMU- 12) zoning district
South: Community Mixed General (CM-G) zoning district
East: Neighborhood Residential Mixed Use (NRMU) zoning district
West: Neighborhood Residential 3 (NR-3) zoning district
Comprehensive Plan Analysis
The subject site is located in an "Existing Neighborhoods" 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.
The permitted uses within the Neighborhood Residential Mixed Use 12 zoning district are
compatible with the Existing Neighborhoods uses as stated within the Denton Plan. The request
to rezone the subject property is compatible with the Future Land Use Plan (Existing
Neighborhoods) and with the surrounding zoning designations. The proposed zoning change is
in compliance with the Denton Plan.
Development Review Analysis
Transportation
Access to the property is limited to Hinkle Drive. The Mobility Plan does not show connectivity
or access in any other direction.
Public Infrastructure
Adequate utility capacity exists to serve the proposed use.
Development Code / Zoning Analysis
Based on the current Neighborhood Residential 4 (NR-4) zoning designation, a maximum
density of 4 dwelling units per acre is permitted in the form of detached and duplex units.
Attached single-family dwelling units (i.e. townhomes) are allowed only with approval of a
Specific Use Permit. The NRMU-12 zoning district permits a variety of residential land uses,
with a density of 12 dwelling units per acre. In addition, the NRMU-12 zoning district permits
commercial and institutional land uses not permitted in the NR-4 zoning district. The chart below
illustrates the difference between the two 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/Work Units N P
Duplexes L (3) P
Group Homes N SUP
Multi-Family Dwellings N P
Bed and Breakfast N L(10)
Retail Sales and Service N L(15)
Professional Services and Offices N L(14)
Laundry Facilities N P
Outdoor Recreation P SUP
Community Service N P
Semi-public, Halls, Clubs, and Lodges SUP L(15)
Business / Trade School N N
Adult or Child Day Care SUP P
Kindergarten, Elementary School SUP P
Middle School N P
Elderly Housing N L(13)
Limitations:
L (1) - Accessory dwelling units are permitted, subject to the following additional criteria:
1. The proposal must conform with 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 1000 sq. ft. GHFA
unless the lot meets the requirements of L(1).5.
4. One 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 (3) - In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which
contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units
are on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units
must have the appearance of a single-family residence from the street.
L(8) - Travelers' accommodations, are permitted, provided that:
1. 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 1 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 sign, constructed of a non-plastic material, non-interior illuminated of 4 sq. ft.
maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not
directly illuminate any residential structures adjacent or nearby the travelers' accommodation.
4. That the number of accommodation units allowed shall be proportional to the permitted density of the zone.
Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the
permitted number of traveler's accommodations.
5. All traveler's accommodations shall be within 200 feet of a collector or arterial. Street designations shall
be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley
access to the site from the arterial.
6. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400
sq. ft. of gross interior floor space remaining per unit.
7. Traveler's accommodations are limited to no more than 8 guest units.
L (10) - All restrictions of L(8), but limited to no more than 15 guest units.
L (13) - Uses are limited to no more than 55,000 square feet of gross floor area per lot.
L (14) - Uses are limited to no more than 10,000 square feet of gross floor area.
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.
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 chart below illustrates the difference between the two zoning districts, with regard to general
zoning district regulations:
Maximum density, dwelling units per acre
Minimum front yard setback
4
20 Feet
b (2)
10 Feet
12
10 Feet
Minimum rear yard 10 Feet
Maximum Building Height 40 feet 40 feet
Maximum Lot Coverage 60% 60%
Minimum Landscaped Area 40% 40%
Limitations:
L (2) - For infill lots, the front setback shall be an average of the adjacent lots.
Chapter 35.7.3(D) of the Development Code states the creation of an overlay district shall
address the following, as applicable:
D. Regulations or Design Standards for any Special Purpose and Overlay District shall
be designed to reasonably promote the purposes of the district, and may require or
address any of the following, in addition to or in lieu of other regulations affecting
property within the Special Purpose and Overlay District.
1. Protection of features designated as being of special concern within the district;
Mixtures or limitations or permitted uses;
Special performance standards and development regulations;
Other matters as appropriate to promote the special public interests of the district.
The applicant is requesting to rezone the subject property to a Neighborhood Residential Mixed
Use 12 (NRMU-12) zoning district with an overlay to restrict multi-family uses. The restricted
area will prohibit multi-family uses throughout the entire lot. This overlay district is designed to
permit all uses in the NRMU-12 zoning district, while prohibiting multi-family uses.
Staff Findings
1. The subject property is in
o
compliance with the Denton Plan regarding the typical
service area for a neighborhood center (up to 1 square mile) and typical housing types
(small apartment buildings and town homes).
The overlay requirement, prohibiting multi-family uses throughout the entire lot,
addresses the concerns of the neighboring property owners and residents, and sustains
the character of the existing neighborhood.
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 and
overlay district restricting multi-family uses on the property.
ATTACHMENT 2
Location/Zoning Map
SITE
NORTH
Land Use Map
ATTACHMENT 3
Notification Map
NORTH
200' its
:ification
Scale: None
Public Notification Date: March 20, 2005
200' Legal Notices* sent via Certified Mail: 20
Number of responses to 200' Legal Notice:
[]In Opposition: 7
I~ln Favor: 1
[]Neutral: 1
Percentage of Opposition:
*A copy of the notification list can be picked up at
City Hall West, 221 N. Elm Denton TX 76201
ATTACHMENT 4
Map of Site with Restricted Area
ATTACHMENT 5
Zoning Notification Sign
I PROCEEDINOS
.2 · COMMISSIONER ML~OY: OOOd evening. And
3 welconm to the April 28th, 2004 regular session of the
4 City of Denton Planning and Zoning Commission. We will
5 begin wilh the pledges of all~giancc. '
6 (Thereupon, ~ Ple_Ages of Allegiance wece
7 reciled.)
8 COMMISSIONI!IR MLR~OY: Ollr n~xt iR:all will b~
.9 consider approval of thc m/nutes for the April 14th, 2004
10 meeting. Do wc have a motion?
J l COMMISSIONER HOLT: So moreA,,
12 OOMMISSIONER ~OY: MOtion by Ms. Holt.
13 COMMISSIONER STRANGE: second.
14 COMMISSIoNEll. MI~ROY: second by Mr.
15 Strange. If there's no questions or comments, please
16 yom.
ii 7 I=m earrie~ 7-0.
18 Next item is the Consent Agmda, Th~ imms
19 on the Cons~t Agenda have bee~ mvi~ted by'the Planning
20 and Zoning Commission during its work session this evening
2'1 and qtmqtions trove beem addressed. So we're looking for a
22 motion on the Cons~t Agenda.
23 }~s, cxm, Em'~: se has a request to speak.
24 COMMiSSiONFlO, MULROY: okay. EXCUSe ille. I
25 have one speaker that w/~hes to address the Consent
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Agenda. That would be Mr. Anthony Goode.
MR, GOODE: Only if it gets pulled.
¢OMMISSlOXrER MULRO¥: Okay. All right. Do
we have.a motion on the Consent Agenda?
COMMISSIONER POWELL: Move to approve,
COMMISSIONER MULROY: Motion by Mr. PoweI1
for approval.
COMMISSIONER JOHNSON: second.
COMMISSIONI~R MULROY: second by Mr.
Johnson. If there's no discussion, please vote. Motion
carries 7-0.
We'll move to Item No. 4, which is punic
hearings.
4A ig final plat in the DH Pry¢ Addition.
I will open the public hearing and Mr. Failer will
presxnt.
MIL FULLER: Thank you. The plat meets the
minimum requirenwnts of the Development COde. Staff
recommends approval. Thank you.
COMMISSIONER MULROY: Thank you. Is the
applicant here to answer any questions?
MR. FULLER: I doll 't believe go.
COMMISSIONER MULROY: And no one wishes to
speak?
MS. CARPENTER: NO, Sir. No one asked to
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~-LANNING AND ZONING APRIL 2gTH, 2004 MI'NLYYES
Page 3
speak on this
COMMIS,~IONER MIJLROY: Then I'm going to
close tim public hearing and entertain a motion or a
question. Mr. Johnson.
COMMISSIONER JOHNSON: pll move approval.
COMML.qSIONF..R MULROY: MS. Holt.
COM~SSrONER HOLT: second.
COMMISSIONER MULROY: MOtiOn by Mr.
$ohnsoa, second from Ms. Holt f~r approval. If there's no
discussion, please vote. Motion emetics %0.
Our next item, 4B is preliminary plat in
the Skylab Addition, Mr. Strange is going to abstain from
this, And I'll open tt~ public l~aing,
MP~ ~'LLER: ~hank you. The plat meets the
minimum Dmtclopment Code Standards, Staff recommends
approval. Thank you.
COMMISSIOI',W-.R lvlULRO¥:. Thglrlk you, 1Vtl'.
FUll. Ms, Carp~nle~' would Elm ~o address the isstm.
MS. U..A~PENTER: Mi*. ChailTl~rt, this iteal~ is
shown on the Agmda as a pre2iminary plat, But if you
look at the baclcup Imm 4B in your packet, pa~ one, it is
a final pl~t and is so designated as t~o-ooo2~ tt is not
a preliminary plat.
COMMISSIONER MUL~OY:: okay. Let me ask
counsel how we should proee~l on that.
P~e 4
MR. swYOm~: t had a discmsion with Ms,
Carpemter earl~er today about ~s. I ~i~ it's o~y
b~am¢ ~ ~ ~ ~n~ Law, anyon~ ~t would
have ~d an in~t ha app~ng h~ m~ght would have
· c s~ in~t in upping m
pm~n~ p~t ~ a final plat. ~d a~o as a ma~ of
gw, pm~n~ phB do not ~ a public hmng.
So for ~ose ~o ~ans I ~ it's okay m proc~.
COMMIS8IO~ ~OY: okay. We'~ proc~
on ~e consi~tio~ of ~ final
pm~n~. C~s, it's s~pp~my mad. Is ~e
app~cant h~ D p~t or ans~
~. ~: I don't be~e
~MMISSlO~ ~OY: okay.
~ any p~b~c
Ms. ~pe~m No, s~. I have
COMMIg810~ ~LROY:
pubic h~ng and ~min a motion or ~cussion.
~. Roy.
COMMISSIO~ ROY: I ~ov~ approval as
~MMISSIONgR ~CROY: Ms. Holt.
COMMISSIONER ~OLT:
COMMISSIONER ~O~: l'v~ go1 g motion By
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Page 5
Mr. Roy, secon6 by Ms. Holt for approval. If there's no
further discussion, please vo~.
Okay, Remember Mr. Strange is abstaining
so we'll only have six voles. Motion carries 6-0. · Chris,
would you mind asking Mr. Strange to come back to the
pod/urn? Oh, ~ he is, excuse me.
All right. We'll move to Item 4C, rezoning
of approximately of !9.85 aere~. Mr. Full= will present.
I'll open the public treeing.
}m~ ~OLUlm: need evening and thank you.
The apphcant is m:luesfing to rezone approximately 19.8
acm from }~R4 to the rmMu zoning dis~ct with an
overlaid rosa-ici multi-family use~ along the frontage of
Hinge. The restrietal area will extend from the property
line to a fl:pit within 100 feet within the lot.
The purpose of the overlay is to permit the
allowed uses within the muao zoning district but to
reatrict ttm location of multi-family. The multi-family
zoning district - or excuse me, the hrar~u zoning distficI
wiI] extend tim existing neighborhood service, node that
is existing to the north and the east. It will also be
adjacent to a community mixed usc activity center which is
looa~e~l to the south.
Staff mailed 20 legal notices to property
owners within 200 feet. We've recdved four written
Page 6
opposition. One in favor, one neutral re the request.
Opposition is currently 4.7 p~reent. Staff finds that the
restricted area will act as a buffer to the ~q~-3 existing
single family uses and the permitted multi-family uses
within the r4m, m zoning District, The zoning designation
is in compliance with the adjacent zoning distfiots and is
in compliance with tl~ Denton plan. Staff recommends
approval. Thank you.
COMMISSIONER MULROY: lS the applizant
here, Mr. Ftfller?
MR. FULLER: yes, he is.
COMMI$filoNER MULROY: ~nd would he like to
presm~ or answer questions? Yes, sir. If you'll give us
your nm and address,
MR. WILKINSON:
Roger Wilkinson. I reside at 2201 North Lake Trail,
Denton 76201. We've asked that this property he rezoned.
II's loealezl on the were - east si&: of Hinkle Drive.
And it's immediately snub5 mid adjacent to Good Sam and
the fak=°'rounds is on the east side and the Denton
Shopping Center, the vazant part of their propm'ty is on
the south side. And we're representing th~ owns. And
we'd like ~o obtain the r,r~rt; zoning with the buffer for
the multi-family for the 100-foot strip.
COMMISSIONER MULRO¥: okay. Is there any
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queztions? lVlr. 4ohnson.
COMMISSIONF/~ JOHNSON: okay. I understand
whom you said restricted along Hinkl¢, but tell me
exactly what thru means.
MR, WILKINSON: Well, fire Staff is gning to
do an overlay which will allow for retail but will nol
· allow for multi-family along tlm - immediately - the
100-foot strip adjacent to Hinldo Drive.
COMMISSIONER JO~INSON: okay. So your
inumtion then is to bo able In do multi-family throughom
the site except for along Hinkle?
MR. WILKINSON: NOg neees~arity, sir. We
haven't done a study of the propm't'y. We're.iust -- at
this time-
COMMISSIONF. R JOHNSON: But th~ zoning would
allow that, right? The zoning you're asking for would
allow that?
MI~ wILKINSON: YeS, it veoffid.
COMMISSIONER JOHNSON: okay. Thank you.
cOMMISSIONER MULROY: Mr, Powdl.
COMMISSIONER POWF. LL: I ~rues8 you've
answered my queetion inadvertentlyl I was going to ask if
you had plans for ttm git= yet and I think you've answ~,zl
that,
1~. WmKINSON: No, sir. That's correct.
Page 8
COMMISSIONER MULROY: Mr. Roy.
COMMISSIONER ROY: i heard the answer about
the restricted area, but I didn't tmders~and it. And
you're eaying you don't know what's going to go into the
· resm'icted area?
M~.. VaLKnqSON' well, the nei~borhood was
eonoemed about multi-family fronting on H[nkle Drive.
And so to help alleviate that, we came up with an overlay
district of 100-foot buffer that would allow only -- the
other uaes -- we would restrict multi-family. But all of
the other uses could be put thru'e, single family,
townhouses and suet as that could be constructed in that
COMMISSIONER ROY: SO that 100-foot buffer
is still NmMU. SO whatever could go m NRMU other than
multi-family could go into that sim?
MR. WILKINSON: Yes. That's my
understanding that's correct.
COMMISSIONER ROY: Okay. Thank you.
COMMISSIONER MULROY: MS. Holt.
COMMISSIONER HOLT: Yes. If you do pu~
apartments m there, do you think they will be multi-,qtory
apartments? Will they be two levels? You have no ide~
what's gems i~ there?
MR. WILKINSON: NOt at this time until we
PLANNING AND zONING APRIL 2gTH, 2004 MINUTES
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Page 9
get. further down thc road. If we get thc zoning,
we'll come back in and do an analysis of thc property,
what would b~,qt be suited became I live in the North
La 'ke,~ area myself. And I lmow with Cineo De Mayo all of
flx~ music comes echoing up th~ hills and with the
fairgrounds and such as that, so to m~ something that
would buffer ma; would be great for - because t grew np
in Drayton and I know where the fairgrounds - I've always
at,haled thru* and w~ haVe no immedial~ plans other than
get the zoning and once we do that is come in with thc
detailmt plans and such as that for the use of the
property.
COMMISSIONER HOLT: okay, Tharlk you.
COMMISSIONER MIYLRO¥: I gllCSS my question
then would be would you have - would it be problematic
for your davelapm~mt ff part of the overlay district was
to hmit the stories on the apartmmts?
MR~ Wm~WSON: rm sorry. I didn't hear.
COMMISSION'ER MI. ILROY: If part of the
conditions on the overlay district was to limit the
stories on any multi-family that was behind that 100-foot
s~thack?
Mm. WrLKi~qSON: Limit to what amount?
COMM[SSIONF, R MULROY: well, if a
Commissioner - if it was a concern to a~ individual________
Pag~ 10
Commissioner, that would be one way to voice that concern
would be to expand the conditions of the overlay district
tlmt it would b~ limited to two-stcrry multi-family or
three 'story or whatever. So I'm just saying is that
concur problmnafic for you?
MR. WILKINSON: I don't see it being a
problem ar this point, no,
COMMIS~qIONER MULROY: okay. '~ank you.
Mr. Welkins.
coMMISSIONER WATKINS: Thank you, Mr.
Chairman. Mr. Wilkinson, not being a developer, it would
sezm that a survey of the property first would do away
with some of the fzars, perhaps of some of the
neigbborliood p~ple. And ~ hear what you're saying, but I
ask you m bear with us also, approving a zoning, we've
been told a few time~ re~nt[y, well, I can do anytNng I'
want to with it, I have the zoning, which doesn't leave
some of the citizems feeling as good as th~, could about
some of ~e Commissioners. Is this the way a developer
goes abou~ it? You get the zoning first and then you
decide what you're going to do with it or -
MR. WILKINSON: We[~, the rgason we wauw, d
to go with NRMU is becaus: w,~ have ~o come back with a
detail plan and have a public m~ting. So the
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ncfighborhood will bare an inpm on whatev~ we put th~.
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PLANrlqlNG AND ZONING APRIL 2gTI-L 2004 MINtYrES
Page
And that's wb~ ,e proposed logo with thc N~CO and so the
ndghborhoods can come back.
COMMiSSIOlqF--,R MULROY: Excuse me. I need tc
int~.'ect. Cotmsel, would you like to comment on that?
MIL SNYDF. Ik NO. This is an overlay
district. This is not a planned development. T}m~ will
not be a dmaitcd plan.
MR. WILKINSON: oh, thm-~won'I. Okay. It
was my under~mnding that they would have site plan or
detail plan approval. Oh, with the overlay, you won
MS. c, Am,~N'rEl~: xh~ way the ordinance is
constructed right thig minum, no, that woald not be a
requirement.
MR. WILKlWSON: oh, okay.
COMMISSIONER MD'LROY: l mcan, you would
,venmany during your permit process submi~ a sim plan,
but it's not part of tlx: public process. And I think whm
we want to correct is the inference flint thm'e would be
another public process to view your proposed layout and
counsel has addressed that.
~k. wn;rawso~: well, didn't it used to be
that way? I thought it was within - it was previously
like that. I didn't know it was changed from that. Se -
Mm sWYDmm under our old Code we had
planned dev,lopmen*s. Under our new Code we do not.
Page 12
COMMISSIONER MUL~OY: ycah. That's dated
by about two to thr~ years now. Any fro'thor questions of
IVlr. Wilkinson? Okay. Ms. Holt.
COMMIF.$iONF-R HOLT: YeS, Looking at this
piece of land, it's kind of landlocked. I mean, you'w
only got one ~tr~ and that's Hiulde. So everything is
going to have to com~ out on to Hiradc some way. There's
no through slx'~t. There's no getting anywhere any other
way. So it look~ like whamver you put on there is going
to haw to com~ out on I--Iinkle whether it's solid multi-
family or solid single family. It's alt going to have
come out on Hinkle. So I think that's one of the big
considerations of all of the n~ighbors is the way that
this mucrc is that type of zoning, you could have a homl
on thcax:. You could have a bed and breakfast, a
vem-iaary clinic, work units, dwellings above businesses,
laundry facilities, semi-public halls and clubs, adult day
care, kindergarten, middle school, older housing and
medical coolers and other ti'tings thor you could apply for
an sUP far. And l think that's - I uh/nk that's rosily
the main problcan h~ is that there is no other way excepl
to ga om on Hinktc.
MR.. WILKlb~gON:
COMMIS;glOMER HOL'I': Thank you.
COMM~SSIOIqEJ'( MULROY: Mr. Powell.
Page 9 - Page 12
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P~e 13
COMMISSIONER POWELL. , want to ~el] you
what i think h~re. I think there's a lot of people
tonight that's going to he against this. I'm just
guessing that from the look of the stack of cards. And
I'm also guessing from my exper/once of siUit~g up l~ere
for sevcrat years that their main fear is th~ don't know
what's coming at them.
It would l~ve been wise or might be wise in
the future if them was soma way you could allay those
fears of not knowing what's coming st thm~. It would
surely be easier for us to help you out. I'm just
guessing that we're going to be faced with a barrage of
people who am against it. And it's b~en my
they'll be against it because they don't know. If they
knew, th~ would at least -- could say, well, yeah, if you
modified th/S way or th,at way or whatever - I'm kind of
giving you Dut, h uncle advice you di~'t ask for, and
uncler,tand that. And I'm going to hush right there.
COMMISSIONER MULROY: Ally fuI~er questions
from my fellow Commissioners? I would ~ take lib,'fy
to add to Bob's comments that if we're going to utilize
the overlay theory to do some restrictions on this, that
maybe we should be mom expansive 'about that and elaborate
mom and ge more thorbugh. So we might ~t to the point
this evening where it might be pruclent to continue this
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Page 14
for two or four w~ks rather than take it off '" trove a
big no and allow - afro' the - get same more
neggliborhood input to re-took at that. And [V~. Carpenter
would like to speak.
Ms. c~mcrarc Mr. Chairman, in thc NR~U
dj,u-icl, th~ multi~famity dwelling units are only allowed
with a Special Use Pea-mit and the special use provisions
of the Code require the sire plan. So in this in,rant
ca,e, if he were to propose apartments on any portion of
this properg' with th~ ¢~ccpfion of the reslricted area
that he's talking about now, then an sup accompanied by a
site plan would have to come bask.
coMmlss~o~ MUL~O¥: so lm'd have a pubhc
process?
MS, ckm~c:n'rraR: ~qe would under the sue, not
under the overlay, but' under the suP. COMMISSIONm--.~ MULROY: GO ahead.
M~. Sr,'YD~: mst sO the Commission 'lmows.
A specific tree permit is a zoning change just Mm this
case here tonight. Se i~ would require a public hearing
hm, e recommendation by you and on to the City Council I
had assumed that i~ was allow~ by ri*~ht. That's why I
made the commcm ~arhc:r.
MK. WILKINSON: That was my understanding
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COMMISSIONER MULROY: well, I appreciate
Ms. C. arpmmr and Mr. Snyder and your patience Mr.
Wilkinson. Is thom any further questions for Mr.
Wilkinson? Okay. We'll now go ~ the citizens that
clmimto speak. Ihavethe first throe cards, three
spealmrs, four really did not indicate this iu:m of
but it's a pretty safe assumption. So when I call your
nm if you do not wish to speak on thk item, please lelt
us which ium~ it was, and ail of the ~penkJxrs are in
opposition. We have none in favor. So we'll s~art with
Mr. Richard Enos on Bryn Mawr. If you'll come down to the
microphone.
And M~. Ann Enos, if you'll be on board,
come down to th~ chair behind the spm'k~r, and il' will
help tu speed things along. If yon'l/give us your name
and addmss, sir.
M~. ~OS: }ay name is Richurd Enos. I live
at I212 Bryn Mawr, about a 3-iron shot from this project.
A lot of things I wanted to say have almady b~:n brought
to ti~ consciousness of the Commission hem. I'd like to
mitwat~ some of those again and add some additlonal
things.
First off, if you look at the site, it is
- Hinlde is really a dec,nd sureei. Il deadends on the
Page 16
north at Windsor. It deadened* at the sooth at University
unless there' s some future plans to ~xtend it north or
south which I hope does not happ~-~, we have one stree~
coming in to this project, Furthmmore, it hasn'tboen
mentioned yet, but the access is only off of Hinkte as IVy.
Holt mentioned. Bur furthermore, l.he main su'~t atoning
into the project will be Tulane as I recall looking at
this map. Ttmt will turn ?ulane into a congo*wA
hlgh-,sp~:l highway Ired/ag in*o this project. All of the
other streets only indirectly serve I-Iinkte.
That's *, I think, an important
consideration. If you look at the map, you wilt see on
the north, of course, is the Good S~.umritan Village which
is a msidmtial facility, nursing hame. et ce~'ra for
retired and aged mmabers of our society. They will be
ch~,X to jowl if this measure passes and I und~r,~tand the
zoning with multi-family apartments with kids, et
trash, noise, hooliganism, you name it. To the direa
east there is no access into this property because
fairgrounds are th{re.
Also, to the north, if you look at the map,
there is a co:ok, I wond:r about the environmental impact
of this project on th/s creek. If the proposal is m
build, in addition, businesRe~ i~ this facih .fy --
25 and fi:at' ~ why 1 said wkai I said. If ] was in error, you
25
PLANNING AND ZONING APRIL 2gTIt, 2004 MINUTES
COMMISSION'ER MULROY: YOU have ella
Page 13 - Page 16
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minute. Mx. Enos.
MIL ENOS: If tho proposal is re build -
intends to build the businesses of some sort in this
facility, it's cheek to jowl ,Mth the D~nton Center which
already has faihng businesses, empty shops, et cetera.
Well, that's about it. Thank you for your consid=arion.
COMMtSSroNER MULROY: ,hank you, Mr. Enos.
Ms, Ann Enos. And on board I would like - it looks like
a Walker from Tulane Street. If you'll come dow~ on
board, plmsc. Go alma& Ms. Enos. Cfive us your name and
address.
Sis. ENos: I'm also from 1212 Bryn Mawr.
And my husband spoke,
cOMMISSIONF-~- MULROY: IS it a 3-iron shot
for you, too?
MS. ENOS: I just want m add that I am
very concerned about thc congestion on Hinkle should this
pass. Alr~dy we haw a bike path framing along there, '
and several firne~ witkin the last three week~, someone has
b~zn inpatimt and passed me on that bil~ pa~. I jngI
don't think that this is thc proper kiud of development
that we should be having in that arm. And that's ali I
have to say~ I.just am opposed. Thank you.
cOMMISSIoNER MULROY: Thank yom Ms. Enos.
Mr. Walker, if you'll come ap to the mike, and Ruby_~_~
Page 18
Kemer, if you'll come down to tho on-board seat.
MR. wArxm: ~Ii fight. My name is Brace
Walker and I live at 1205 Tulane. I have spoken
personally with every person on my street except for two.
And without far1, I did not talk to one person that was
excited about this at ail. The concerns that were raised
was our property values. With a multi-family homing
addition going in, that cannot do, you know, anything but
decre, ase the property values that are in our neighborhood.
Number two, something that's been mentioned
several times is the traffic. And fight now Tulane is
pretty busy. It's a nice big wide street which is why I
like it. I can park my RV, and park my boat and firings
like that, and I like that, but I've got these two little
shavers right up here that need a place re ride their bike
and have fun on our ,meet. And right now when people
come flying by that, that's -- it's scary. It is very
scary and I know you guys have kids and you want a cafe
place for your kids to he and typically, the street is not
the .safe,l place, but it needs to be somewhat. And
building a dwelling for hundreds of people, I don't think
that's going to help.
And anoth~' thing, as we looked at the
development,, I pulled some research off the intemet about
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in the past of . businesses and things like t~at. and
Mr. Kern does not have a at, liar record in his dml/ngs.
And I don't f~ ~ ~t is ~e ~o of devzi~ ~at
we woffid warn ~ o~ ~ghborh~d. ~d as I p~ up ail
of ~o law8~ and eying ~t ~s ~ainst h~
~o~ T~a~ Hmlfl~ En~fi~ex, I got few p%~s of h~ts
on ~ in,et of laws~t a~ n~gencc a~ jus~ on
and on ~d on of ~ngs ~at have h~ppm~ wi~ ~s
b~in~s~, and ~ ~¢ ~m of ~ngs he's b~
involv~ in. ~d not ~ say ~ you ~ow. he's a bad
p~son or w~, but it s~ ~c ~s om p~sonal
bminmscs ~vc not ~d a succ~s~ m~ of ~.
~d if we Md a ~umhle p~son ~ar was
· wanting m do ~s, I ~ so~ of my n~ghbors nfight ~t
h~nd s~ng ~e ~s. But ~ff~ ~e hnd of ~ack
~ord ~at ~ has prov~, I c~i~y cannot su~pc~
an~g ~en ~ sandbox for h~ ~ bz ~eloping down ~e
stat. 8o wo smd f~ly. We stand compl~ly ag~nst
i~ and we ~ be hack if ~s passes. So ~ank you v~
m~h for yo~ ~.
COMMI~IO~ ~OY: Th~k yo~ ~.
Wa~. Ruby ~*~. ~n on bo~d ~ol ~dcns, plmsc.
MS. ~: T~S is WMr you ~t for riel
w~ng'yo~ glass~ b~ame I don't r~mb~ pu~ng down
~ ~at I mn~ m sp~, bm -
Page 20
COM~SSIONER MUI-J{O¥: Well. we're just
happy to have you, so give it a shot.
MS. KERNE~ W~, now ~at I'm up h~, I
rant ~ -- absolumly, wMt B~.said is ~. We do
~ve a waffle prob~ on Tulan¢. It is a ~ s~t,
but it a~o comes off of ~lone and down m Hiakl¢ which
is a mi~t ~hot and ~en ~ race like tim going dnwn
'Hi~.
But w~ ~ -- o~ I'd say five y~s ago,
~at ~ was no~ng but ~ inclu~ng me. ~d
now we ~ve f~es who ~v¢ mv~ in who have eht~
and ~ p~yand I'm sz~ m d~ ¢ome~ at~e
mm of sp~ ~t ~osz c~s come down Tulle. W¢ have
had n~borhood m~fings, ~a~s m Brace, and wz have
~d paSc~n out. ~d ~ have spoke m us. And we
have ask~ ~ m panel ~e s~t as much us possib~
and I'~ ~ve m a~ I ~ve s~n ~ on ~ mere.
~d it is rally a ~o~, a race -- and you ca~
~ne if apam~u go in at ~e m~d of fl~e ~t, wl~m
it's going m be hke.
So one mt~ m ~e young~ people,;
hope ~i~ d~gn'I pas~ at a~. ~ank yon.
~MMISglONER ~ROY: Thank you, ~.
Kzrnzr. Carol Ridens.
25 the properLY owner and some of the success that he's had 25
?LAlq'MIIqG AND ZONING APRIL 28TH, 2004 MINUTES
}as. ruD~s: Thank you. I'm Cam] Ridens.
p~¢ 17 - Page 20
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I live at t21)4 Amherst and thani ~ for permitting me to
speak. I think Mr. Powell --what Mr. Pawell had to say
about the uncertainty of the development is of great
concern to the neighborhood.. I went to the neighborhood
meeting tint the developers had, as many of the' people
here did. I did not mMerstand anti, you know, I was
si~ng right there - I don't know how I could have
rrdssed it - that he was ¢onsidmfng apartments. He
talked about single family homes. He talked about small
businesses up and down Hinlde like professional offices
and so forth, and he made it sound like it could be a good
thing for the neighborhood, which that m~ght not be too
bad.
But we start talking aparm~nts, our
n,/ghborhood has fought apagments before. We're a small
close-nit n~ighborhqod and we'd like to maintain the
integrity of the neighborhood, Already because of the
traffic problems on University, and Windsor, our mst/mt
streets, wkieh I live on, are thoroughfares. They come
down Hin'lde. They cut across Tulane. They cut across
Amherst to ~ on - and go as far as they can up to
CreorgO. own and then pick up University Drive. So I can
only imagine if we had ~ development there with a number
of aparmmm what those sgeets would become like.
I feel if I knew a little bit moro aboul
Page 22
what the devdopmerit actually would entail than I could
make a dmision on whether I would support it or not. At
this point I don't support wha~ I've heard-and I thank you
for your consideration.
CO~IMISS[ONF-R MULROY: Thank you, Cmrol.
Appreciate it. Ohay. I have no more cards from folks
that would like to spmk. I have s~veral cards wanting to
voice their opposition. PI1 read their names. Char~
McKe~ on Tulane Slreet, Sharon MeKee on Tulane Streeq
Horace and Ella Trietscb on Bryn Mawr. And June Knox on
Amherst. They're all opposed to the zoning change. O~y.
Would th~ applicant tike lo r~but at this time? .
MR. SMrlM: My name is Ran~II'Snfith, 829
Tealwood Circle, Flower Mound 75028. I also represent the
applicant. I think there's a great misconception here
that we're asldng for multi-family zoning. We
specifically a~ked for the mmv zoning because it dcr, z not
allow multi-family uses. It does require specific use
permit which is a zoning change.
So in order to do apartments~ we'd have ~o
come back before here agaim have a site plan and get ~
zoning change to allow it. We're asking for the ~
zoning because ii allows the office, the retail use& II
also dogs provide for scrag residemJal usgs ia conjunction
with an office and retail use,
1 ~' a aris/holly proposed the
2 zoning, And tlmt zoning does allow multi-family use& and
3 afl~r meeting with thc neighborhood, we decidrd that
4 because they were concerned about having input into th:
5 design, if there were multi-family, that's when we met
6 with stuff and decided to go vfith the Nm, to which does nol
7 allow multi-family and we also agreed in conjunction with
8 ~taff to an overlay district along Hinldc that wouldn't
9 allow multi-family under any circumstances.
· 0 So, you know, we feel that the ~aMV is an
1 appropriate.zoning category for this piece of land.
2 provides the appropriate land uses. And. you ~ow, we
13 would ask for your approval. Thankyou. If there are any
14 questions, I'd be happy to answer them,
15 COMMISSIONER ~OY: ^ny questions of Mr.
16 Smith? If tigress no qumtions, I'm going'to close the
17 public gearing and entertain comments or a motion or
18 further discussion from my fellow commissioners. Mr. Roy.
19 COMMISSIONF-.P, ROY: ~don't know if there is
20 anyone here from staff who can answer this specifically.
21 But I want ~o address the connectivity issues to this
22 sile. IS them a plan for eonnecfiv/ry' to the mst in
23 tea-ms of oar mobility plan?
24 MR. Ft~bF-.R: we'd have to defer that to the
25 Engineering D~t at th/s time. Connectivity has nn~
Page 24
i been raised being primarily a platting requiremen;.
2 COM~aSStO~.X S0¥: ~ut we have a mobility
3 plan that describes roads in the City in the fumm and
4 you say - so there's nothing planned?
5 MR. Ftn.,t. ER: we would need to check that.
6 COMMISSIONER MULROY: I guess a fair
7 clue~fion would be how does the mobility plan relate tc
8 th/s propm~d without gerdng too specific ot~ roads .just
9 in general? ls there anyone lame from the engineering
10 clzpartment? No, Okay. Ail, fight Any flu'thor
questions.* Any further discussion? Ms. Holt.
COMmSStO},'ER ~OL~: ~f lhis is denied
13 tonight, when could the applicant reapply if they had a
14 little bit more information?
15 COMMISSIONER MULROY: MI'. Fuller?
I I 6 ~trc mJLLm~t: ff it's denied one of the
17 options the apphcant would have would be to close the
1 g case as it is, reapply which would be in two weeks. There
19 would then be a review rime. You're looking at a month, a
20 month and a half,
21 COMMISSIONER MULROY: II; has to be ~ yga.r.
22 MR. FULLER: If they close it before City
23 Council, they could rmpply is my understanding.
24 COMMIg.glONF_.R MULROY: I would a.~k Counsel
25 to give us an opinion.
PLANNING AND ZONING APRIL 2gTH, 2004 MINU'I'IgS Page 21 - Page 24
-" Pag~ 25 Page 27
I Mr. Powell -- well, tet's finish this. I I MR ....LER: Ye& sir.
2 believe ifs a year, but Ed will check it, 2 COMMISSIOb.'ER MUI-J~OY: Mr. Roy.
3 MR. S~D~: If an apphcafion ig ~i~ 3 ~M~SS~O~ ROY: t sense fl~a~ ~ was
4 ~ ~e su~j~t prop~ s~lt not be e~bB for 4 sores con.sion at me b~nning of ~e m~fing on ~e part
5 ~ubmiml for 12 mon~g mxl~s ~ app~eaut can show -- 5 of ~ev~al p~pl~ ~d c~nly probably ~e ~iden~ in
6 MS. ~~: ff ~e Phn~ng and ~ning 6 ~e ~ ~at if ~ move ~d ~ ~M~ ~t ~at
7 a~afica~y ahows m~fi-f~ly an4 it does not: is
7 Co~sio~ -
8 ~ s~D~ ~. But if ~ ~n't 8 c~t?
9 appml it and you ~ny ik ~t's ~e final d~ision. ~ 9 ~ ~Lm: ~Mfi-fmily is
0 ~e P~nning and ~ning ~ssion ~i~ a ~ning case, I 0 · ho~, a ~ific me p~it is ~ which would
.1 and ~e ~ppheant do,.not appml iq ~n ~t's ~e 11 ~mil a sim
12 final dgision. Now, we ~ve - in ~e pag~ we ~y have 12 COMM~IO~ ~O~: so it is not
I3 aummfie~y - we woMd nnt be m~ng a ~isJon mni~t
13 in~m~ it ano~ way. I'm not sm.
14 MS. ~V~: T~ tuning ens~ always go 14 ~t a~mafi~a~y says ~ eon bdld mffifi-f~ty by
15 on m Comcil. 15 g~ing m ~
16 MR. S~D~: NOt if ~'m ~ni~ and ~e 16 m ~Lm: No,
. .g 17 ~MMISSIO~ ROY: Th~ ~11 be
17 app~zanl d~sn app~I it.
18 COMM~IO~ ~OY: The apphcant ~s m 18 proems, ano~ opp~i~ for ~i~ bas~ on more
19 move it f~md. 19 ~ils at ~t ~e. So m~ ~n possibly mi~g
20 MR. 8~O~: well, ~'s sm. Mfs m~ 20 ~s ~m, I won~ if a continence ~ght be mom
21 s~ on ~t. I'm ~ng of ~ old ~&. Maybe ~ 21 appropmg for, p~Mps,.~ me for ano¢~ m~fing
22 ~ ~e co~mi~ ~ ~e s~ ~'s co~unication
'22 n~, Code says so~ng ~ff~t. Ho~
23 Ms. ~a~M~: The hism~ ~s b~ ~t if 23 along ~t hne and b~ e~n~ of po,sib}y coming m an
24 it go~ m Ci~ Co~c~ if it's so--ag ~t ~ 24 un~smn~ng h~, I wo~d ~ m ~ve s~ ~ognition
25 CiW Co~eit approval ~at's wh~ -' if ~e Ci~ ~mcil 25 m ~ ~vetop~s move a~dy m ~velop a huff~ s~p.
Page 26 Page 28
I ~nies ik ~ it woffifl ~ one y~. ~ a~ Planning I I ~ ~at was a good move and ~men~, you lmow,
2 and Zoning C~ssian ~nies ik it wig au~fi~y go 2 s~ in ~ effort m b~ b~, you ~ow, whal
3 fo~d w ~e Ciw Co,oil and wi~ ~ a 3 ~t b~ in ~ ~ ~vmmhy and what nfi~t be up
4 a~inst ~e -- clos~ m ~e ~i~.
4 sup~jofiW yom in ordw m pass.
5 But if ~sy ~w it prior m Ci~ 5 So I'm ~n~ng along ~e hncs of a
6 Ca~cil, ~en ~ co~d si~ificanflY ~ ~ 6 continuance. BUt I ~ it d~mds a lot on ~e opinion
? app~cafian and come back, 7 of ~¢ d~elop~, whe~ ~ wo~d like to do ~at.
8 m. s~9~; 0~Y. ~s is ~e ans~. 8 ~MMISSIO~ ~OY: okay. Let=g move on
9 Und~ o~ old ~&, ~e app~cant ~d m spmifically 9 ~o~ ~ and we'll come back m ~at ~lesg you wan~
t0 appml. Un~ o~ n~~ ~, it d~ not ~ ~ appel 10 m ask spmifica~y fi~t now.
11 by ~e appli~nt. Itj~t ~ayg ~t a~ ~am by ~e 11 coM~ss[o~ aoY: w¢I1, let's prac~ if
12 P~nning and ~ning'~mssion wi~ be fo~ ~ ~e 12 you wi~.
13 Ci~ Co~cil. So it's .j~t a ~o~m~fion of ~ial and 13 COMM~SS[O~ ~ROY: okay. ~. johnson.
] 4 ~o I apology, but I was ~nking of how ~ old Ca~ was ] 4 COMMISSION~ JONSON: ~h, I have a
15 word~ and eot ~e n~ ~. It wo~d ~ve m go fo~d 15 couple of qu~fions. ~e -- we've hmrd a numbw of
16 to fl~e Ciw Co~eil before it wo~d be ennsi~ an 16 pmple i~ ~posifion ~ ~s ~ni~t h~, bat in my
17 bae~ it ~ayg none. So m I m ass~ ~t all of~e
7 acm] denial.
g COMMISS[O~ M~ROY: ~ ac~l ~nial. 1S opposition is oumi~ of ~c radi~ ~t would ~mm
19 Okay. ~ank you, ~. SayS. End,ming. ~. Power. 19 sup~jonW?
20 cOMM[SSIO~ poWELL: Q~tJo~ of ~ff. 20 ~. ~L~: No, sir. ~en ~ose stuff
21 Te~ me, if you can, ~ zoning ~flY m ~e west an 21 ~om ~ ~, ~ have m be ~s~bu~. At
22 ~nbhar and Tulane and BWn Ma~ and ~ ~- 22 me~ no ~posifian ~d b~ ~iv~, Be~n fl~e tree
23 ~. ~LLER: T~al. J8 n~i~borhood 23 yo~ smff~on was deliv~ to you and ~ig evening,
24 opposition has bran rec~v~.
2~ residential 3. 25 COMMISSIONER JOHNSON: okay.
25 cOMMISSIONER pOWELL: Thank you.
PLA~G A~ zO~G AP~L 2g~, 2004 ~S Page 25 - Page 28
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MR. FULLF-R'. That's What WaS given to you
at the work session.
COMMIggfoNER JOHNSON'. SO do you know what
number that is now? Is it sgv~ percent? Is that what
you said?
M~. VULL~: No, it's 4.7 plus w~ received
one while the public hearing was in motion, go you're
probably looking at 5.5.
COMMI~iObIER JOHNSON: okay. So it's still
not enough to require a supermajority on the Council?
MR. FULLE~: NO, sir. That's 20 pcrc, ent.
COMMiSSIoNER JOHNSON: ye, ah. Okay. The
other firing. The -- if this site is deeveloped as N~-4 I
thmk yon still have th~ traffic problems on Fiinkle
because ~t s lust matter of degree. You still have the
access probk~m. You st/Il have got to get cars into and
out of the site. On twenty acres, you can get a lot of
houses in them. So - and especially if you can put -
if you're looking at putting small businesses up and down
Fiinlde, you're looking at a significant traffic flow
impact along Hinkle whether you have ap~t buildings
or noL
I think aparuncnt buildings do aggravate
the situation, but I tkink that's something that we
definitely need to look at and is them no possibility for
Page 30
entrance and oinks to the west or to thc north of this
thing, this site? I mean, is that -- I mean, them is a
little bit of a road that ¢orne~ in fram the ~asL but I
can't ~11 if that's all on - see; thc htfle mad there
toward the northeast corner; is that all on - it's on the
fairground or Oood Samaritan, is that not a public mad?
MR. FULLER: whgrl Oily dev~iopmem review
engineer mviv,ved this application, no demmfination was
made for access otlx~ tha~ along Hinlde~ while that
doesn't preclude that no access can be mad~ a, ~s point,
staff is unaware.
coMMmSmrX~,n Jo~r~so~: o~y. I think
that's all I have. Thank you.
COMMIS$IONF-R MULROY: MI'. Wa[,kins.
COMMI$SIONF-iI wATK[Ns: Thank yoLt, [v'ff~
Chairman, As to my fellow Commissioner Roy, my problam is
the only thing that's known is the mstricmd area won't
be multi-family. That's ali we've been told. I assume
that the nei~borhood, th~"m was a neighborhood meeting
and the people apparently in good ~tanding and go forth
and rli be honest witt, yom I would love to see this
piece of propa-aJ d~vdoped.
But ~ hate to pass ouI. zoning only knowing
thru this t00-foo~ strip won't bemulti-family. Itdid~'t
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els~. I would ,. ,¢illing to put it off or wha~w', and
I'm not trying to co.~t the people money and I'd like m
see, as I say, it developed No-4, ~-3 or wMmver, but I
would like to be up front with both tho citizens and
ourself in thinking that it's going to be, et cetera, et
cetera. Tha~ you, Mr. Chairman.
COMMI,.g~ION'F.R MI~OY: Alt fight. Thamk
Y°th George. And I would 1Lke to.ask Mr. Wilkinson to
eon~ down then for a specific quest/on. If I may have the
floor for a moment, tt~ - and I'm not saying ] concur
that this it the proper interpretation of our overlay
provision in our Code, ! think it's perhaps b~ing
creative and if we want to go that way, my suggestion to
staff is that we correct th~ Code as mitten so we haw a
sv. nse of clarity and exactitude in how we proceed forward.
rm going to surmise you were 'you were guided in the
overlay ~oncvpt to help mitigau~ questions from th~
neighborhood and to h~¥ your development. And thofs
whc~ we m'~ to this point.
And after he~ing tho nb--ighborhaod and my
fellow Commissioners and assuming we're going to go
forward with this intcrprmafion of thc overlay dkmet,
it seems to m~ it would make a lot more sense f we
going to u~ th~ overlay concept that we expand it b~yond
100 fc~t and that you get it as d~finite a~ you aaa and go
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Page 32
back to the neighborhood and he mom specific in the areas
of this ,~ite of what would make sense for you to
and nega~ th~ other uses and pare that down in certain --
whe~bm- it's quadrants or percentages, pare it down with
tl~ overlay formula and than come back in two or f~ur
wee, ks with som~hing that has bc~ bffo~r.d through the
neighborhood and that you could gs.n~er some supper(. Do~s
that approach mal~ s~ns~ to you, Mr, Wilkinson?
MR. W/LKI~$ON; well, what w~ envision is
some kind of offi¢~ like possibly down aloes Lillian
COMMI~$IO~ MUI~ROY: wen, no, ~'m not
lrying to solve this tonight. I'm saying would it make
sense to you to have a cent/nuance, and have two to four
wee, k~ to expand that overlay eonv.~-pt and work wifl~ the
neighborhood ~nd allay their fears and betwr d~.finv what
yon want to do?
MR. WILKINSON: I dok'l'I, have a problem with
doing that.
cOMM~gg~OWm~ ~RO¥: okay+ Thank you.
And Irk. Snyder need~ to speak.
~R. SWYDER; The way thi,~ item was pogted
and I'm assuming the noli~es that went om i~ fl~e mai] and
fl~ not/ce that was advertised in the n~vspaper read
ga5, il wouldnq, be a hotel or it wo~ldn '1 be something 25 similar to what's on the Agenda. It only says flat fl~e
FLA~G A~ zo~G AP~L 2g~, 2004 ~S Page 29 Page
?ag~ 33
] overlay will he to m~u-iet multi-fanuly uses along the
2 frontage of Hinkle Drive. So if we want to ex~d it for
3 ti~c enfir~ property, I think we're going to have to
4 rv--ad.vertise and smad new notices out.
5 MS. CARPENTER: That's
6 COM~tSS~O),,~ER )~tS~RO¥: BUt we could continue
7 it and re-notify?
8 M~. sNYD~ eight. Just make sum we give
9 ourselves enough ~ to do that.
LO CO~MISS~OK~R x~rty_~oy: so I'm thinking in
11 order for you to develop a plan and then have a venue with
I2 thc neighborhood, that we're looking at four weeks minimum
13 anyway.' go Itm thinking out loud in concert with sore=
14 predecessor comments, and if that's okay with yot~ we'D
15 keep that in mind. ! have several commissioners that
t 6 would like to speak. Mr. Powell.
] 7 COMMISSlONF-.R ?OWELL: YeS. Would th¢~ be
18 by necessity any -kind of connectivity h~een th: shopping
19 cen~ and this si~ if it was dvee, lop~? I guess that's
20 a question for staff. It would seem to me that there
21 would have to be, but I don't !mow that, so I'm asking.
22 gat. VULLVm: ?he Code requires connectivity
23 with undevelop~ land, however given this parcel%
24 position and the probable continuance we can have
25 traffic engineer answer these questions prior to the next
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public hca'ins.
COMMISSIONF-~. POWELL: s~-mingly,
connectivity ~ would help ~e Hi~e probe. Ym not
an ~in~, but it looks ~ ~ li~it wa~d be of soma
help an~ay, Hin~ ~ffic prob~ ~cuse m~.
Pow~, ~. Jo~son.
~MMI~IO~R IOHNSON: T~ yOU.
~o~g at my ~e c~ ~, ~ sing~ f~ily
dwe~ngs ~ not p~i~. So if we go ~, ~ we
cannot havz single f~fily in ~s s~fion; is ~at
co~t?
ms. ~PE~: T~ ruble in Chap~ 5 says
singl~ family hom~ a~ not p~i~ in ~
COMMm~[O~ ~ROY: tf ~ do con~nue
case, ~ could corn: back wis so~ do~ ~ning -
coMMISSIO~ JOHNSON: W~, I ~ess
was going to be my po]rtL 'If w~ acm: back wi~
la~ on, if we want m pat single fa~ly in ~, ~
we'~ probably not m~dng ~. so we n~ m b:
ca~l an w~: we'~ look~ng at f~ zoning ff we come
back
COMMISSION~ ~ROY:' Good pO~% ~'
M~. s~DE~: ~n I point som~ng else
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overlay for, t~ , don't think we'd want to be adding
uses to a district.
cOMMISSIONER MULROY; subtracting is wha~
we would he doing.
M~. SNYD~: ¥~th. And putting other
conditions.
COMMi~[ONF_,RMULROY: ldgh~.. Thank you,
Ed. Mt. PowdL
COMMISSIONER POWELL: UUSt want tn make
one point that hasn't been mad~ and I kind of alludexl to
it earlier, but the ~-4 that's gxisfiag is higher density
than th~ ~-3 across Hinkle. Nommliy, that woukhft sit
well with homeowners, But in this case, it might. I
don't know. I just pass that on for whamver it's worth.
It is higher d~nsity than what they have across the
street. And that's.what's there, and I would assume it's
there as kind of a buffer between the ~a~o-t2 or whamver.
Comment only.
COMMISSIONER MULROY: Tharlk you, MI'.
Powe21. Is thom any fiarther questions or comments by
Commissioners? If riel w~ wilt enmrtain a motion. Mr.
Roy,
COMM[SSIONF-~ ROY: I mo'qe that this i~m be
eonfinuecl for four weeks.
cOMMISSIONER STRANGE: second.
Page 36
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COMMISSIONF-,R MUI"Roy: ~have a motion by
Mr. Roy, a second by Mr. Strang~ for a continuance for a
minimum - for four weeks. And we'lI be -- '
MS. CARPIUqTF_,Pc That's mough tirae,
COMMISSIONER ROY: Date c=nain?
MK. sNYDER: No. We don't have to do it a
dam certain, but four wenks is ual when our next meeting
will be,
COMMISSIONER MUL~OY: okay.
MS. C. kRPEN'rER: Th~ second meeting in May
would be accurate language.
COMMISSIONER MULRO¥: The sex:end r~eting in
May.
COMMISSIONER ROY: I amend my motion m
m,~ommend the second m~dng in May.
COMM[IIs[ONF-.Iq. M'UL,ROY: We're up to sp~ on
our motion. If tim'~'s no further discussion --
COMMISSIONER pOWELL: Is th~-~m a second?
coMMISSIONER MULROY: Yes, }V/.r. Su'ange. If
there's no further discussion, pleas~ vote. Motion
comes 7-0. Thank you, Chris. And we will re-advertise.
N~t on the Agenda it t~xn 4D, rezonin['- of
1.8 acres. And Mr. ?niter will presem.
MR. FULLER: Thank you. Good evening. The
25 out, mo? We need to be careful aborn wha~ we usc the 25 applicant is requesting to dow~ zone l.g acres from th.q~
p].ANNING AND ZONING APKIL 2gTH, 2004 M]NLrYES Page 3
ATTACHMENT 7
Comparison Chart for NR-4, NRMU-12 & NRMU Zoning Districts
· P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8
Agriculture P P P
Livestock L(7) L(7) L(7)
Single Family Dwellings P P N
SUP
Accessory Dwelling Units L(1 ) L(1 ) N
Attached Single Family Dwellings SUP P L(40)
Dwellings Above Businesses N P P
Live/Work Units N P P
Duplexes L(3) P N
Community Homes For the Disabled P P P
Group Homes N SUP SUP
SUP
Multi-Family Dwellings N P
L(4)
Manufactured Housing Developments N N N
Home Occupation P P P
Sale of Products Grown on Site N N N
Hotels N N P
Motels N N N
Bed and Breakfast N L(10) P
Retail Sales and Service N L(15) L(17)
Movie Theaters N N N
Restaurant or Private Club N N L(11 )
Drive-through Facility N N SUP
Professional Services and Offices N L(14) L(17)
Quick Vehicle Servicing N N SUP
Vehicle Repair N N N
Auto and RV Sales N N N
Laundry Facilities N P
Equestrian Facilities N N N
Outdoor Recreation P SUP SUP
Indoor Recreation N N N
Major Event Entertainment N N N
Commercial Parking Lots N N N
Administrative or Research Facilities N N L(14)
Broadcasting of Production Studio N N L(14)
Sexually Oriented Business N N N
Temporary Uses L(38) L(38) L(38)
Printing / Publishing N N N
Bakeries N N L(21 )
Manufacture of Non-odoriferous Foods N N N
Feed Lots N N N
Food Processing N N N
Light Manufacturing N N N
Heavy Manufacturing N N N
Wholesale Sales N N N
Wholesale Nurseries N N N
Distribution Center N N N
Wholesale Storage and Distribution N N N
Self-service Storage N N N
Construction Materials Sales N N N
Junk Yards and Auto Wrecking N N N
Kennels N N N
Veterinary Clinics N N P
Sanitary Landfills, Commercial
N N N
Incinerators, Transfer Stations
Basic Utilities L(25) L(25) L(25)
Community Service N P P
Parks and Open Space P P P
Churches P P P
Semi-public, Halls, Clubs, and Lodges SUP L(15) P
Business / Trade School N N L(14)
Adult or Child Day Care SUP P P
Kindergarten, Elementary School SUP P P
Middle School N P P
High School N N SUP
Colleges N N N
Hospital N N N
Elderly Housing N L(13) P
Medical Centers N N P
Cemeteries N N N
Mortuaries N N N
General Regulations
l/ll
20 feet
Minimum front yard setback L(2) 10 feet None
Minimum side yard 6 feet 6 feet 6 feet
Minimum side yard adjacent to a street 10 feet 10 feet None
Minimum rear yard 10 feet 10 feet None
Maximum density, dwelling units per acre 4 12 30
Minimum side yard for non-attached
buildings 5 feet 10 feet 12 feet
Maximum lot coverage 60% 60% 80%
Minimum landscaped area 40% 40% 20%
Maximum building height 40 feet 40 feet 65 feet
Limitations:
L(1) - Accessory dwelling units are permitted, subject to the following additional criteria:
1. The proposal must conform with 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 1000 sq. ft.
GHFA unless the lot meets the requirements of L(1).5.
4. One 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(2) - For infill lots, the front setback shall be an average of the adjacent lots.
L(3) - In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which
contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units
are on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units
must have the appearance of a single family residence from the street.
L(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(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(8) - Travelers' accommodations, are permitted, provided that:
1. 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 1 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 sign, constructed of a non-plastic material, non-interior illuminated
of 4 sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such
that it does not directly illuminate any residential structures adjacent or nearby the travelers'
accommodation.
4. That the number of accommodation units allowed shall be proportional to the permitted density of
the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of
calculating the permitted number of traveler's accommodations.
5. All traveler's accommodations shall be within 200 feet of a collector or arterial. Street
designations shall be as determined by the City Comprehensive Plan. Distances shall be measured
via public street or alley access to the site from the arterial.
6. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at
least 400 sq. ft. of gross interior floor space remaining per unit.
7. Traveler's accommodations are limited to no more than 8 guest units.
L(10) - All restrictions of L(8), but limited to no more than 5 guest units.
L(13) - Uses are limited to no more than 55,000 square feet of gross floor area per lot.
L(14) - Uses are limited to no more than 10,000 square feet of gross floor area.
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.
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(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit.
L (38) = Must meet the requirements of Section 35.12.9.
L (40) =Limited to a maximum 12 units per acre.
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Page 77
COMMISSIONER POWELL: we will take a ten
minute break and we will return at 8:23. (Break taken.)
COMMISSIONER POWELL: we're going on to
Item 6B, the re'zoning of approximately 19.85 acres from
neighborhood residential 4, NR-4, zoning district to
neighborhood residential mixed use 12, NmaU-12 zoning
district with an overlay. The property is located on the
east side of Hinkle Drive approximately 850 feet north of
University Drive. Mr. Fuller.
MR. FULLER: Good evening and thank you.
COMMISSIONER POWELL: EXCllSe me, Mi,
Fuller. I'm going to re-open the public hearing.
MR. FtJI. LER: Item 6B is a hearing for the
applicant's original proposal which was to rezone the
property into tile NRMU district with an overlay to
restrict multi-family along the fi'enrage of Hinkle. The
applicant has not come forward with a modified proposal in
which he wants to -- in which he is requesting to rezone
the property to the NRMU-12 zoning district with an
overlay to restrict multi-family throughout the entire
site.
Staff mailed 20 legal notices to property
owners within 200 feet of the site. We have received 53
written responses, six are from property owners within 200
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Page 78
feet of the site, three in opposition. Two are in -- two 1
are in favor. One is neutral to the request. 2
Currently, the opposition, is 26.1 percent. 3
The proposed zoning change is compatible with the 4
neighboring -- the neighboring zoning designation and is 5
compliance with the intent of the Denton Plan. Staff 6
recolmnends approval. Thank you. 7
COMMISSIONER POWELL: Thank you. Is there 8
any questions of staff at this time? Seeing none, si.r, we 9
will go to the public. Okay. Again, we are not always 10
sure that we're straight on these cards, so bear with us. ] 11
Anybody who wishes to speak will have an opportunity. 112
My understanding that Mr. Steven Spurger I 13
wishes to speak and I'll ask him to be followed up by Mr.114
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MR. SPURGER: My nmne is Steven Spurger and
I live at 1218 Amhurst and I appreciate the opportunity to
come before y'all tonight.
COMMISSIONER POWELL: EXCUSe me, Mr.
Spurger. I have really fouled up. Could I ask you to
wait because I haven't asked the applicant to speak? MR. SPURGER: oh, sure.
COMMISSIONER POWELL: I don't even want to
admit that, but it's a fact. Would the applicant please
come forward? And I really apologize, sir.
Page 79
MR. SMITH: That's fine. Thank you. Mr.
Chairman, members of the Commission, my name is Randall
Smith. I live at 829 Tealwood Circle in Flower Mound
75028, and I represent the property owner that's making
this request, MI. Peter Kern. We've -- as the staff noted
this is our second time here. And in our meetings with
the neighborhoods, the primary objective -- or opposition
to this request was the multi-family uses. We have
restricted the entire site against auy multi-family uses.
The owner would like the zoning changed in
order to be able to build a garden office project,
possibly some retail, although, you know, there's really
not any demand for retail with empty space along
University Drive. So primarily it would be in a
garden-type office development. We're surrounded -- or
actually we're joined on the south by the shopping center
to the east, the fairgrounds. We don't really believe
that low density single family houses is appropriate for
this property. And we feel that our zoning request is
compatible. We think it's probably the highest and best
use for the property. And we would ask for your favorable
consideration. Thank you.
COMMISSIONER POWELL: Thank you, sir. Is
there any question of the applicant from -- from tile
Commission? MI. Watkins.
Page 80
COMMISSIONER WATKINS: YeS. I have to ask,
did you have another meeting with the neighborhood group
after deciding, I believe you just told us what you
planned on doing with the property. Before you had -- at
least you wouldn't share with us what you planned on doing
with the property. Now that you've made up your nfind,
have you had another meeting with the neighborhood?
MR. SMITH: well, no, we haven't actually
changed what the intent. The intent all along --
COMMISSIONER POWELL: speak into the mike,
sir.
MR, SMITH: -- was to request the NRMU type
zoning to allow office and retail uses. Now, the NRMU-12
also does allow single family uses and those would still
be allowed, also. And the applicant doesn't have, you
know, a definitive plan because, you know, it kind of
depends on market conditions, et cetera, but he
anticipates ttmt the frontage along Hinkle would be the
office-type stuff. And there could bo some, you know,
single family type uses in the rear of the property.
COMMISSIONER WATKINS: BUt you do realize
that's very not definitive?
MR. SMITH: That's conect.
COMMISSIONER WATKINS: okay. Thank you.
MR. SMITH: ^nd we also -- I might add that
PLANNING AND ZONING JUNE 23RD, 2004 M1NIJTES Page 77 - Page 80
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Page 81
we've got a situatioo with the drainage that bisects the
property, so the part to the northeast will be very
difficult to develop. In fact, probably the only use
would be to sell it to Good Sam or the fairgrounds because
tile accessibility problem.
COMMISSIONER WATKINS: Thank you.
COMMISSIONER POWELL: Any other questions
of tile applicant? Seeing none, I'll thank you, sir. And
now we'll go to the public.
MR. SMITH: I didn't think we picked the
best night to try to rezone something on Hinkle. Thank
you.
COMMISSIONER POWELL: Mr. Spurgcr, I really
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Page 83
and a lot of the other senior care facilities that he has
had. None of tbem have been stellar.
To my knowledge, there's been just numerous
problems with some of the business dealings that lie has
had and that doesn't really make me comfortable with
having a dcvelopmcalt go right across the strect. And I
live almost one house down from the comer of Tulane and
Hiakle.
I enjoy seeing my neighbors out on their
front porch and I enjoy seeing Cleatice -- I know she's
going to be out there and she's going to be waiting for
the mail. I enjoy seeing Leon right next door to me come
in and out. I enjoy seeing my Sunday School teacher,
apologize for asking you to come down and then asking you
to go back.
MR. SPURGER: That's okay. I'm Steve
Spin'ger. I live at 1218 Amherst. I didn't really quite
understand exactly what this is all about. Like many of
my neighbors until two months ago, I had never heard of an
NR-3, NR-4, NR-2, NRq2 mixed use whatever. When I talked
to some of my neighbors, they were a little confused as
well and still are. I'm still a lit-tlc confused about
what's going to be there. I came tonight to speak in
opposition to what I thought were going to be apartments
on the site. And I'm assuming now from what I hear that
Page 82
the~ aren't going to be apartments on the site.
So that's my biggest concern. We hav~ a
considerable amount of vandalism in the back of the
shopping center there, graffiti on the walls, the traffic
not only on Hinkle, but on Antherst. Amherst, as you know,
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Charles McKee frotn back whenever I was a young man right
across the street. I enjoy the nice conmmnity feel that
we have and to put garden offices across the street when
there is lots and lots of development in this town,
offices, empty buildings, the -- there's just not a need
for that. It seems that there are other filings in the
workings that we are not being made aware of as far as
this zoning and there's not a plan and there's not -- we
haven't seen anything -- the other things flint Woody Kern
has done to lead us to believe that this is going to be a
quality development or reputable development or anything
of that sort.
Page 84
i like -- you know, I would like for it to
be Na-4 which is what it is now, I believe. I would -- I
would love to see so,ne houses going over there. I would
love to see file east side of it given to the ~air Grounds
or Good Samaritan. I'd love to sec Good Samaritan develop
probably runs parallel to University, so most people no
longer go up to University at HinkIe to get on University.
They drive down Amherst and avoid two lights and tarn
over. So the amount of traffic ia our neighborhood has
increased exponentially as people have tried to avoid that
intersection there at Hinkle and University.
So that's my biggest concerns, probably a
quiet little office park, that sounds pretty nice to me.
It depends on how it's landscaped and stuff. But I would
like to know a little bit more about how it's zoned. So
I'd appreciate it very much as long as you keep it away
from apartments, I appreciate it. Thank you very much.
COMMISSIONER POWELL: Thank you, sir.
Mr. Walker and backed up by Carol Ridens.
MR. WALKER: My name is Bruce Walker and I
live at 1205 Tulane. You know, when -- when you see these
developments go in and I've seen several that Kern --
Woody Kern has done, there's only one time to do it right
and it's right from the very start. And I have not been
impressed with any of the other developments, Kern Manner
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the whole shoot match. But they have been a good
neighbor. They have done a very good job with tt:e
resources that they have had. The music and stuff doesn't
bother us in our neighborhood. It bothers us about 45
minutes a year. That's it. Because we go inside our
house, shut the door, turn the box fan on and go to bed.
And the Fair Grounds has told me
personally, they were, like, we don't think any sort of
business would want to be a neighbor to us. So -- and
this opposition of 26.1 perccmt. I don't think that
figure is correct. I don't think that figure shows
evm3ahing, all of thc notices that we mailed in from last
time.
So I want to -- because last -- at the last
time I talked to Chris, lie said it was enormous, so --
anyway.
COMMISSIONER POWELL: Thank you, sir.
MR. WALKER: Thank you.
COMMISSIONER POWELL: Carol R[dens backed
up by Yvonnc Lowcrre.
PLANNING AND ZONING JUNE 23RD, 2004 MINIJTES Page 81 - Page 84
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Page 85
MS. R[DENS: My name is Carol Ridens. I
live at 1204 Amherst. I have lived there for 31 years.
Have been a resident of Denton for 47 years. I've seen
some changes. You probably have noticed -- in fact, one
of your members remarked to me two or ti~'ee years ago that
it looked like it was really poor planning on our side of
town, and I won't say which member that was, but we have
Page 87
foot overlay that is proposed, we're going to take -- this
piece of property is 900 feet nordl and south. That means
that that's 90,000 square feet which is more than two
acres off of this property just in that 100 foot overlay
as I understand it. Then you've got the creek that they
can't build, they could not build in, which means whenever
they talk about the tq~q2 zoning, that means that you're
had, I think, poor planning in tile past when it comes to
providing through streets. Our neighborhoods were not
designed for through traffic, nevertheless, we have it.
I'd like to say, too, NR-6, 8, wbatever it
was there on Bowling Green, those are primarily owner
occupied duplexes. They're very nice, not disturbing to
any neighborhood whatsoever. I know you can't correct
past mistakes in planning, but I hope whatever decision
that you do make, you will take into consideration the
impact on both neighborhoods, ours, North Ridge and the
Headlec Addition and try to help maintain whatever
integrity wc have and perhaps enhance the in~grity.
Thank you.
COMMISSIONER POWELL: Thank you, ma'am.
Yvonne Lowerre followed up by Horrace Trietsch.
MS. LOWERRE: Mr. Chairman, members of the
Council, I live at 2500 Hinkle in Good Sanmritan Village
in from the newer duplexes. I'm concerned about what is
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going to have areas of that that are going to have as many
as 20 or so units on them to -- because they take into
account the whole 19.85 acres, so I think that needs to be
a consideration.
I, too, would love to have a good neighbor
over there and I know these guys have got a whipping over
this piece of property for a long time. But we would like
some good neighbors. And we would very definitely support
something that would be logical for that ama. Thank you
for listening to me.
COMMISSIONER POWELL: Thank you, sir. Mr.
Whittingham followed up by Charles McKee.
MR. WHITTINGHAM: My name is Dave
Whittingham. I'm a resident at Good Sam. My remarks will
supplement those -- some of those that have already been
made. First of all, I'd like to co~mnend the people who
spoke recognizing the future that these properties are
going to be developed. I'm referring not only to the one
Page 86
put there because our neighbors have flooding already.
And I know that any more concrete, anything else that adds
to the congestion is going to impact on those people. I
would hope that it would be if you do allow something to
be built there, that it would be in keeping with the
neighborhood itself.
I don't think any of us would object to
holnes that would he the same as across the street. But we
do not want to see vandalism coming up to our doors. We
are quite open there, and anyone can come. Animals~
too. We have problems with that. So there's the creek
and behind this property that's in question is a creek and
flooding will be a big problem.
So we hope you will take our concerns to
heart because Good Samaritan is a good neighbor and you've
been wonderful to us. And we -- we want to have good
feelings. And I'm just here to speak for them. Thank
you.
COMMISSIONER POWELL: Thank you, ma'am.
Hon'ace Trietsch followed up by David Whittingham.
MR, TRIETSCH: rm Horrace Trietsch. I
live at 1200 B~3~n Mawr right across the st~ct from this
property, this property's south line. I wanted to make a
note up here where this creek does come through this
property and what it does to this property. With this 100
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in question now, but the previous one. And in good sense
must accept that fact, nevertheless accepting that fact,
there can be a lot of difference in the impact on the
neighbor hood depending and determined by what goes in.
So I would urge that as consideration is
given, that that consideration be done to minimize file
impact and my principle concern to speak independently of
others is in the drainage problem, the flooding proble~n.
Back in -- well, three years ago, I went to the engineer's
office and I received some information about the flooding
in that ama and the 100-year flood plan.
And one thing that I don't know and Fm not
sure that anybody knows is when that I00-year flood plan
was developed. And I also doWt know what changes have
been made in the interim period to minimize the impact of
that flood plan so that it is necessary and I think
imperative that serious consideration be given to tile
flooding.
Any changes that increase the driveways,
the parking areas, any coverage of land is going to
increase flood ttamt and we all know the devastating
effect that that can have. Not only will it increase the
impact, but - not only will it increase rile impact in
that area but further downstream, I was glad to hear the
engineer's office stale that an impact study would have to
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be made on flooding and corrections made. That is not
going to be easy to do because the flooding will markedly
increase and it has an impasse downstream as well as in
that inm~edlate area.
And as you all know and particularly is
shown there, that drainage area goes right through this
piece of property and will seriously impact what happens.
COMMISSIONER POWELL: ~'hank you very much,
sir. Mr. McKee.
Ma. MCKE~: c.:harles McKee, 1204 Tulane, 26
years. Tonight I just want to voice personal concerns and
yet I feel like I'm speaking for everybody in our
neighborhood. As long-term homeowners and taxpayers we're
concerned about the future of our neighborhood.
A lot of us are older people without
alternatives. This is the neighborhood where we spent
many years raising our kids, working hard to maintain the
appearance of our homes in an effort to ensure the quality
of our investment for futm'e years.
Now, we have a person that's purchased some
land. And he, too, wants to protect his investments. The
difference is that ours is a lifetime investment. His is
speculation in an effort to make a profit regardless of
the impact on the neighborhood.
It may sound good today but the question is
Page 90
what about thc future? When he's finished with this
project, he will be gone, but we will still be here having
to llve with the consequences, good and bad. We, the
homeowners request that thc Planning and Zoning Commission
give consideration to an established neighborhood that
wants to continue to live in the same manner and style
we've enjoyed without fear of the future. Thank you for
your time.
COMM[SS1ONEi*, P@WELL: Thank you, sir. I
don't have any more cards for speakers. I'm not going to
deny anyone else that wants to speak~ but right now I'm
going to say that the following people have put cards in
requesting being shown in opposition, but not requesting
to speak. And that would be Mike Trevino, Richard Enos,
John DuChemin, Suzy DuChernin, and I know I'm not
pronouncing that right but maybe I'll learn before the
night's over.
MS. DUC[.IEMIN: DuChemin.
COMMISSIONER POWELL: DuChemin, thank you
very much. Chris Briggs, Sharon McKee, George Spuller,
Willam Harzley. Now, is there anyone else that would like
to speak against this, come forward, sir. And anyone else
who wants follow him, please come down in the on-deck
seat. Give us your name and address, sir.
MR. BRIGGS: Yes, sir. My nalne is Chris
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Briggs. I reside at 1308 Bryn Mawr. My main concern is
that it sounds like the developer wants just a blank open
invitation to build. They don't seem to know what they're
going to build. There's a lot of misinformation. I'm
with you, Mr. Watkins, and how you spoke to them. We've
heard aparnnents. We've heard condos. We've heard
retail. And even think about it. Achnittedly, the
developer says there doesn't seem to be a demand for
retail space or office space in this area.
So what's the point developing now? What's
the point in changing this zoning? What are we going to
benefit? What you're going to give him is an open
invitation to build whatever he wants, whenever he wants.
And that's not the kind of neighbor we need. And I just
ask you to keep that in mind. Think into the future, 20
years from now, 30 years froxn now, what could be built
there. And think about what it does and how it impacts
the neighborhoods that are 40 year old houses, some of
them. My house is built in 1953. How -- what do you
want? Do you want a good neighborhood, where people that
are the backbone of this City will reside and can take
pride in and that the whole City can take pride in through
neighborhoods like this.
Please protect the integrity of these
neighborhoods. An office park, I would have no problem
Page 92
with. The problem I would have is that they don't know
what they want yet, and that's what I want to hear. I
think you should make a decision when they have an idea
what they*re going to put in. And I thank you for your
time.
COMMISSIONER POWELL: Thank you, sir.
Ma'mn.
MS. 13nc~: Tracy Beck, 611 Magnolia. And I
started hem not knowing that beeping sound was out of
fime, so Iql recognize that.
COMMISSIONER POWELL: Three minutes and
you'll hear a beep when you're down to one-minut~.h
MS~ BECK: okay. Very good. And I also
starled saying this was not my first place to pick for
moving. Since we did move here and I got involved in the
City of Denton, I've worked with the City of Denton. In
fact, part of your Transportation Consultant Team a few
years ago through IXS. when I moved here, I realized all
of the benefits that there were here. We've got the great
parks and rec. We've got great libraries, universities,
hospitals, everything is fantastic to the point my family
crone to visit to see the new home, and they didn't leave
without buying one down the street.
So I'm watching how the City of Denton is
developing. And 1[ see Loop 288 as a very big spot.
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Again, I work at TXDOT. I'm aware of the progranuning for
the funding. And I'm worried that University is going to
bt over-capacity before we can even finish that up.
I came here thinking these were going to be
apartments, too. And I was drastically opposed to those.
And then I was a little bit more worried that we don't
really know what's going to be proposed here. I would ask
as a recourmendafion that we look a little bit more
intensely at what needs to be here. What's in it for us?
What's in it for the developer? The developer nods money
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COMMISSIONER POWELL: YOU'Ve already spoken
once, sir. I can't -- at least I think you did.
UNIDENTIFIED SPEAKER: well, this was a
different thing about a different situation.
MS. PALLIMEO: NO.
COMM£SS[ONER POWELL: Did yOU speak on this
issue, sir?
MS. PALUMBO: YeS, bt did.
COMMISSIONER POWELL: That's all I call
allow then, sir. I'm sorry,
and I support that. We need a good community because
we've been investing time into this conununity. I say that
on bthalf of the neighbors, not me being here for four
months.
But what worries me the most is that you
only have one chance to do it right. We've heard that.
We need to leave a legacy out here. There is a fantastic
strip of seoior facilities through here and I had my
granchnother move into Primrose down the street. An
apartment complex like that would be wonderful. I'm not
opposed to multi-family. But maybe something into a
senior assisted living or a senior adult apartment
complex. I wouldn't be opposed to tlmt at ail. An office
park, and maybe taking this drainage channel and turning
it into a greenbelt or some type of a walking trail.
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UNIDENTIFIED SPEAKER: I Was --
COMMISSIONER POWELL: I'm sorry, sir. Yes,
sir.
MR. FRISB¥: r'm lack Frisby and I live at
405 Magnolia. And I put 6A or 6B on my card.
COMMISSIONER POWELL: well, those cards
were confusing to us, sir.
MR. FRISBY: And first I thought it was
going to be apartments, too, so that's one reason I came
up here, but I've lived, like I said, 21 years where I
live at Magnolia. And for years, I've said that would be
an awful beautiful place to build some homes there. Oood
Samaritan. And we've been hearing that everybody has a
right to make money with their property and stuff.
Sometimes you lose lnoney in tile stock
Page 94
There's a lot of opportunities for the City
of Denton to just raise the bar on what they've been doing
in the past. There's a little suburban town of Dallas and
there's a lot of growth going on, and there's demand. So
I just ask you-all to seriously look at the corridor. I
hear so nmch about Dtvclopment Cedis, Mobility Plans, but
here in zoning it seems to be swinging so significantly,
yet there's no background on what they're asking for.
What's the traffic going to bt? We're not even sure what
we're going to develop. And how -- how are you going to
get access to the streets? We're not sure how we're going
to do that yet.
This is stuff you need to do in advance.
You don't go through college and pick your degree at the
end. You have to look and see what you want and then move
forward. And everyone is willing to change the mold a
little bit. But it needs to be someflfing that's
reasonable with the planning. And if our planning is
wrong, we may need to go back and re-evaluate our zoning
laws and zoning districts and whatnot, and identify what
do we need to do a little bit better. So I thank you all
tonight, and have a good one.
COMMISSIONER POWELL: Thank you. Any other
speakers?
UNIDENTIFIED SPEAKER: Yeah. I have --
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market. Enron, other people. I'm sorry if this man
bought land and he's landlocked or the other guy can't do
anything. That's not my problem. He took a chance. And
another thing, I used to jog from Magnolia down to Hinkle,
and run all the way to the Presbyterian Church and back~
Ninety percent of tile time those weeks are six feet and
taller.
About twice a year, it gets mowed. And
for a long time, you couldn't hardly run down thc sidewalk
because there would be briars, tree limbs. I don't think
the owners cared about the neighbors, you know, or they
would have mowed their yard more often. I'm sure the City
Code had to come make thean mow. And when they do mow
sometimes they mow three or four strips and stop. You
know, people who really care about neighbors keep their
property nice. And these people hasn't done -- and I
don't know who owns it. I was told way back that Fulson
owned Denton Center, I thought owned that. I don't know
who this guy is representing or what, but, you know, he's
here to make a buck and we've got a lot of people here
that have got a lot of money invested in their home, and I
think we ought to consider that.
COMMISSIONER POWELL: Thank you, sir. Any
other speakers? If there are no other speakers, thee I
will close file public hearing, and ask -- ask file
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developer if he'd like to come back up here -- rm sorry,
the applicant.
MR. SMITH: I think most of the comments --
COMMISSIONER POWELL: speak into the mike,
sir.
MR. SMITH: I think most of thc co~mnents
from the people agreed that offices would be an
appropriate use. Tile way your zoning ordinances are
written, they allow for multiple uses. I think we're --
if we wanted to get a plan and present it to you, it would
probably change because that's a lot of offices. I mean,
we achuit that, 20 ac~,cs of office buildings especially
with the way the zoning ordinance is written for this
category requires, I believe, a maximum of 5,000 square
feet per building.
Well, that's a lot of 5,000 square foot
office buildings. We're admitting that the majority --
that the majority of the site may not be office buildings.
I mean, the market will determine that. We feel that
them is a current demand for that product. How much of a
demand over how much of a period of time? We don't
know. The market will determine. We would like the
zoning in place so that we would be able to go and ay to
make this happen, bring some development to the City, take
some of the burden off the school district. And we would
Page 98
ask for your favorable reco~mnendation. Thank you.
COMMISSIONER POWELL: Thank you. Is there
any question of the applicant? Being no questions -- I'm
sorry. We have one from Mr. Roy. Sir, would you come
back to the mike?
COMMISSIONER ROY: [ gUeSS this is a
question. I mmn, two or tlm~ people came up and talked
about they were worried about -- somebody said, like, 20
units per acre and that sort of stuff. Please say very
clearly what your intention is with regard to multi-family
and that sort of thing.
MR, SM[TH: we're requesting an overlay
district for the entire sim against any multi-family
USES.
COMMISSIONER ROY': NO muIti-fmnily units --
MR. SMITH: That's correct.
COMMISSIONER ROY: -- in the entire site?
MR. SMITH: Yes. The original request was
a restriction along Hinkle. We, you know, listened to the
concerns at the previous meeting and so we agreed to do an
overlay for the entire site for no multi-family.
COMMISSIONER ROY: Thank you,
COMMISSIONER POWELL: Any Other questions
of the applicant? Mr. Johnson.
COMMISSIONER JOHNSON: And what does
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multi-family mcan to you? Dos that include duplexes?
MR. SMITH: NO, it does not include
duplexes.
COMMISSIONER JOHNSON: Thank you.
MR. SMITH: Those are considered single --
I believe the NR-6 category allows that.
COMMISSIONER JOHNSON: It does. Thank you.
COMMISSIONER POWELL: Any other questions?
MR. SMITH: I might point out that a nmnber
of the neighbors have expressed a desire to have duplexes
on the property.
COMMISSIONER POWELL: Please -- any other
questions of the applicant? Thank you, sir. Mr. Roy~
COMMISSIONER ROY: I have a question of
staff. Many of the citizens expressed concern about the
flooding issue. That's understandable because that creek
bed goes right through there. And I know there's been no
design, but can you address that very clearly? And maybe
what do our standards say and what might be a typical
solution or group of solutions to prevent any impact?
MR. FULLER: orainage improveanents will be
required. Building will not be allowed within the
drainage casement that will be required during preliminary
and final platting. So the building will not be required
-- or would not be accepted wittfin the required easement
Page 100
that will be needed for the channel.
COMMISSIONER ROY: could you elaborate on
that, less technical and more clearly what might the
citizens in the area might expect?
MrC FULL~R: The citizens will not see
development -- when the development comes in an easement
will be required that will not allow development within a
certain prescribed distance to the channel on both sides.
Tile size of tile easement will not be determined until
platting.
COMMISSIONER POWELL: we have SOllle lrtore
from staff up here. And then I have some staff coming
down and then I have legal.
MS. C_~,ae~NTER: I think the goal in dealing
with flood plains in the City is to keep them as natural
as possible because they represent our water sbeds and
we're trying to keep them natural so that we get cleaner
water and less siltation in the lake, okay, however when
we're in a reach oa a flood plain where it's considered
developed on either side then the options for providing a
more developed solution to the drainage situation bccomcs
available to the developer. Now, correct mc if I'm wrong,
David, in a case where you find development on either side
of this parcel, where the flood plain is already
developed, it's not in its natural state, then you will
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probably see a drainage solution that reflects a more
developed nature, a channel, a pipe, something rather than
the more natural flood plain that you might see along
Hickory Creek, for exmnple, because it's developed on
either side of this reach.
COMMISSIONER POWELL: Anything else from
staff?. I've asked legal to help us out here a little bit.
MS. PALUMBO: Drainage is a consideration
that's taken into account on the property during the
platting stage. During the zoning stage of the property,
it's really premature to talk about drainage because you
don't know the extent of what the development is going to
be on the property.
COMMISSIONER POWELL: I would like to
extend those remarks with pointing out that this is a
zoning case. And I'm pointing this out to the audience
now. This is a zoning case. These people have a
perfectly good right to come to us for a zoning change.
They're not coming to us with a plan to build. They're
not asking for a building permit. They're not asking for
a site plan. This is a zoning situation. And that's why
there is no plan at this time available to us and we can't
expect it. And if I'm wrong on that, that's what I wanted
legal to clear up for me. '
MS. PALUMBO; That is correct. During the
Page 102
zoning possess, you're asking for a use to be placed on
the property that's different from the use that is
cmxently on the property. There is no requirement that
the applicant come forward with any kind of site plan or
to come forward and design the property and show exactly
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infrastructure. That's another appropriate category to
consider for a rezoning.
But for the applicant to be required under
the law to come forward with a site plan or with a --
COMMISSIONER WATKINS: NO, no. I didn't --
I didn't mean site plan. I didn't mean anything like
that. I don't mean anything about drainage. I'm simply
saying if someone comes before us and said I'd like to
have sF-4, we don't have the right to ask them if they
want to build a house?
MS. PALUMBO: Well, there is no current
SF-4 category, but for exmnple -- COMMISSIONER WATKINS: NR-4.
MS. PALUMBO: NR-4 allows houses to be
built. It also allows additional uses and I'd ask Ms.
Carpenter to add some of the additional uses than NR-4,
but the applicant is not -- when they ask for s~t-4
restricted to just houses, it's all the uses within the --
COMMISSIONER WATKIN8: well, I'm looking at
NRMU-12 and I've got three pages of what it could be.
MS. PALUMBO: That's correct.
COMMISSIONER WATKINS: But I'm not allowed
to ask what they want it to be? That's my point.
MS, PALUMBO: oh, you're allowed to ask the
applicant questions concerning the zoning classification,
Page 104
and -- but the applicant is -- my understanding the
question was, is the applicant required to come forward
and tell you how they're going to use the property through
a site plan or through pictures or things like that.
COMMISSIONER WATKINS: NO, no. ~[ didn't
what the applicant intends to build. This applicant has
chosen to ask for an overlay which will restrict the uses
in the zoning classification that he's asking for.
COMMISSIONER POWELL: Thank you. Mr.
Watkins.
COMM£SSION~.~ W^TKr~s: Mr. Chairman, and
point of order. Are you saying that any applicant is not
-- docs not have to tell us what they're going to do with
the property on a zoning case?
COMMISSIONER POWELL: That's what my
understanding was and that's why I asked for legal's help
to make sure I wasn't stepping off into deep water here.
MS. PALUMBO: That'S correct. The law does
not require the applicant to come forward and say rm
going to build an office building on this property. The
zoning decision that you are looking at is whether the
zoning classification and the uses within that
classification are going to be compatible with thc
adjacent properties or the zoning that they're requesting
is not going to somehow cause a burden on the City's
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ask for that. Thank you.
COMMISSIONER POWELL: Mr. Watkins, I
brought this up because you -- Pm sure you are remember
the last time the applicant was here, I chided them
dramatically for not telling these people what it -- was
going to be built here. And I said to flaem that if you
don't you're going to have massive opposition. But I also
have to be fair to the audience and explain to thcm that
we can't demand it. I think he should do it. But that's
just my thoughts. And I thought there was some confusloa
in the audience. And that's what I was trying do
straighten out. We can't demand he tell us.
I told him the last time that he'd get a
lot further il' he'd do it. But so far we're -- we don't
have it and there's nothing much more that I can do. But
I wanted the audience to understand where all of that was
coining from.
Mr. Fuller -- any questions of Mr. Fuller?
Now, I have a request, Mr. Fuller. I[ you would go over
in clear, plain, non-planniug language, what exactly is
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thc zoning request here and what does it mcan? You know,
we've heard in the past about multiffamily and we've heard
apartments and I know that that's not there anymore. Tell
us what is there and what does it mcan in your best,
clearest language.
MR. FULLER: Sllre. Currently, the request
before us is to rezone the property to the NRMU-12 zoning
district just as we would anywhere in the City any other
request. The only thing that makes this unique is the
applicant is requesting an overlay district, which is
simply prohibiting nmlfi-family tlu-ough the entire site,
through the entire lot. They are saying they will not do
that one use. They will not engage in multi-family. They
do have the flexibility to i~tfict any use within the
NRMU-12. They do not have to only restrict nmlti-family.
They could restrict as many or as few as they like in
order to adch'ess ~e neighbort~ood and the citizens'
concerns, they have chosen multi-family.
COMMISSIONER POWELL: Thank you.
MR, FULL ~EaR: IS that clear enough?
COMMISSIONER POWELL: Yes~ sir. Thank you
very much. And I did that mostly for tile audience because
I think it's important. Any other questions from staff?.
I sec no blinking lights up here. So I'!1 ask if there's
any discussion on this issue or is anybody ready to move
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Page 107
uses that are allowed under the NR-4 and NRMU. 12, there
are only it looks like three or four differences -- for
instance, on an NRMU-12, you can have by right
multi-family dwellings, however, that right has been
seeded on this one by virtue of the overlay district. You
can have laundry facilities on an NRMU-12 but not on an
NR-4.
You can have conununity service. You can
have a middle school, not l/kely, and you can have for
single family -- I think this is for single family units a
density of 12 per acre versus four per acre for Na-,~. So
yOU can have higher density for single family dwetlings.
And there are some other minor uses. The major issue that
I've heard is multi-family dwellings and thafs been --
that's off the table. Other than that, it's true. We
don't know very much about what's going to happen hem.
We do know that whatever happens, things like drainage
will have to be accounted for later in tile process.
We do know that traffic impact will have to
be studied and things done about that possibly. Other
than that, we are allowing the applicant quite a bit of
flexibility. So when I Iook at the whole thing overall I
don't think that the man -- that the applicant is asking
for a lot of NaMUq2 than he would get in t4R-4 given that
he has the overlay district applied to it.
Page 106
on it? Nh'. Roy.
COMMISS~O~4Ea aO¥: xhis is currently zoned
NR-4, but, you knov(, backing up to that retail, backing up
to the rodeo grounds there, you know, I can't imagine
anybody coming in there and building fora' units per acre,
you know, nice homes in there. It doesn't sma to be
suitable for residential area, whether it's suitable for
all of the possible uses of tqu~au-~2. ~ think that's the
questiom I think the developer has gone a long way here
to satisfy the residents by restricting and prohibiting
multi-family~ which I recall being the major concern of --
tile first tilne we reviewed this, all of the traffic and
such that would be caused by the muhi-family.
So I think that's a significant restriction
on the part of the site. So I'm struggling now on
whether, you know, all of the other possible uses -- I'm
just looking at the list, but considering tlmt -- it's
unlikely that this is ever going to be developed, you
know, fora' units per acre. It seems like some sort of
commercial office such is going to be what this site is
best used for. Thank you.
COMMISSIONEg POWELL: Any other comn~ents on
this iran? Discussion? Anybody -- Mr. Johnson and
followed by Ms. Holt.
COMMISSIONER JOHNSON'. when you compare the
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So it doesn't sound to me like what we're
doing here if we grant his request is really very onerous.
It is understandable that the neighborhood residents would
feel a little bit uneasy about it not knowing what's going
to come. It's like a big tiger out there maybe hiding in
the bushes getting ready to pounce on you and you don't
know. So that I think the uncertainty is what's driving
the major part of the concern. But I think biggest
concern which is multi-family has becu taken off the
table. That's all I have.
COMMISSIONER POWELL: MS. Holt.
COMMISSIONER HOLT: NRMU is neighborhood
residential mixed use. That's what it's supposed to be, a
mixture of a lot of things, and taking the multi-family
out is a great solufiom But you can also build all
single family dwellings.
COMMISSIONER POWELL: speak into your mike
a little more.
COMMISSIONER HOLT: ^11 single family
dwellings, 12 per acre. Now, if that happened, that would
really be a lot of -- a lot of houses in there. And thc
intention of NRMU was a mixed, if it was small businesses,
a few homes, a few garden homes, dwellings above
businesses, professional services, office buildings, that
would be a really nice addition because of the co~xmlercial
PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 105 - Page 108
CondcnscltTM
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Page 109
on two sides, would be a really nice addition. And I
think that's the thing that's holding us all back because
there are so many things that you could do that you don't
want. And that one single family hang-up really is
holding me back from this.
COMMISSIONER POWELL: Mr. Johnson.
COMMISSIONER JOHNSON: It'S interesting to
me to note also because it has been commented here a
couple of times, why don't they just sell it to Good
Samaritan and be done with it? If Good Samaritan were to
own this property and were to do what they have done where
they are, this - the zoning would have to be NRMU-12.
So even if this applicant were to sell to
Good Sam, we're going to be asking thc same question for
thc same type zoning later on.
COMMISSIONER POWELL: Mr. Strange.
COMMISSIONER S'r~NOE: I think the problem
! have with -- is similar to some of the other Conunissions
is that we're going from NR-4 to an NRMU-I2 which is a
very broad jmnp. And, again, with seenfingly little
knowledge of what's going to take place there. And we do
have a single family residential directly across the
street basically three streets intersect with this
property. And I don't know how we can give them any
assurance of what they're going to see across from the
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the floor for denial.
COMMISSIONER STRANGE: second.
COMMISSIONER POWELL: Seconded by Mr.
Strange. Any discussion on this motion? Seeing no
discussion, I will call for a vote. Motion passes 6-0.
We will go to Item 7A. And we'll take a
five-minute break when we do that.
(Break taken.)
Page 110
front of their house other than the fact we may build some
offices there.
So I have a problmn with it because I don't
see how we're going to provide adequate buffering to the
existing neighborhood. And if it did go to Good Sam, you
know, that's not on the table tonight. So I don't see
that as a concern. We're here tonight to talk about what
this person wants to use it for. And, again, I don't see
that we have any -- any affecting buffering here against
the residential area. So it's a concern to me.
COMMISSIONER POWELL: Any other comments?
Mr, Watkins.
COMMISSIONER WATKINS: Thank you, Mr.
Chairman, It scorns to me that we're talking about
speculation here rather than development. And there's
nothing wrong with that. That's absolutely acceptable
except I wish someone would just come forward and say I
want to build a mn-stoW airplane hanger. Maybe I'm just
simple about that kind of thing. But I just don't feel
like I want to give NRMU-12 from NR-4 tO test the water.
I'm sorry. Thank you, Mr. Chaimmn.
COMMISSIO~4m ?OWe[i: IS anybody willing to
dip their toe into a motion here? Mr. Roy.
COMMISSIONER ROY: [ move denial.
COMMISSIONER POWELL: we have a motion on
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PLANNING AND ZONING jUNE 23RD, 2004 MINUTES Page 109 - Page 112
ATTACHMENT 10
O
O
3AI~C] 39NNIH
I I
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM THE NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT TO
THE NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (N-RMU-12) ZONING DISTRICT
ZONING DISTRICT CLASSnVICATION ~ USE DESIGNATION WITH AN OVERLAY TO
RESTRICT MULTI-FAMILY USES FOR APPROXIMATELY 19.85 ACRES OF LAND
LOCATED ON THE EAST SIDE OF HINKLE DRIVE, APPROXIMATELY 850 FEET NORTH
OF UNIVERSITY DRIVE, AND APPROXIMATELY t,200 FEET WEST OF CARROLL
BOULEVARD 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.
(Z04-0009)
WHEREAS, Randall Smith & Associates. has applied for a change in zoning for
approximately 19.85 acres of land located on the east side of Hinkle Drive, approximately 850 feet
north of University Drive, and approximately 1,200 feet west of Carroll Boulevard and more
particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the
"Property") from Neighborhood Residential 4 0qR-4) zoning district to the Neighborhood
Residential Mixed Use 12 (NRMU-12) zoning district zoning district classification and use
designation, with an overlay to restrict multi-family uses; and
WHEREAS, on June 23, 2004, the Planning and Zoning Commission recommended of the
requested change in zoning; and
WHEREAS, the City Council makes the following findings:
a. The change in zoning, including the overlay district, is consistent with the
Comprehensive Plan; and
The overlay district will protect and enhance the Property and surrounding area
which are distinct from lands and structures outside of the overlay district and the
immediate neighborhood; and
Co
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; 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
tree and correct and are incorporated herein by reference.
SECTION 2. The zoning district classification and use designation of the Propertyis hereby
changed from Neighborhood Residential 4 (NR-4) zoning district to the Neighborhood Residential
Mixed Use 12 (NRMU-12) zoning district classification and use with an overlay prohibiting all
SECTION 2. The zomng district classification and use designation of the Property is hereby
changed from Neighborhood Residential 4 (NR-4) zoning district to the Neighborhood Residential
Mixed Use 12 (NRMU-12) zoning district classification and use with an overlay prohibiting all
multi-family uses within the Property.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Dentorb
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the
__ day of ,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN.. CITY ATTORNEY
BY: - - - g-'"-- .....
EXHIBIT "A'
All that certain tract or parcel of land lying and being situated in the R. Beaumont
Survey, Abstract No. 31, Denton County, Texas, being part of a (called) 42.07
acre tract described in a deed from Sidney Brandenberger, etux, to Crawford
Building Corporation on June 13, 1955, and recorded in volume 411, Page 49 t,
Deed Records of said County, and being mom particularly described as follows:
BEGINNING at a cross-tie fence comer post set in concrete at the Northeast
comer of said 42.07 acre tract;,
THENCE South 00° 43' 00" West, along and near a fence on the East boundary
line of said 42.07 acre tract, 871.15 feet to a two-inch steel fence post set in
concrete;
THENCE North 88' 41' 50" West 993.73 feet to a steel pin on the East boundary
line of Hinkle Drive;
THECE NORTH 01° 16' 10" East, with the East boundary line of Hinkle Drive,
874.10 feet to a steel pin on the North boundary line of said 42.07 acre tract;
THENCE South 88° 31' 30' East, along and near a fence on the north boundary
line of said 42.07 acre tract, 987.61 feet to the PLACE OF BEGINNING and
CONTAINING in all 19.8454 acres of land, more or less.
AGENDA INFORMATION SHEET
AGENDA DATE: April 19, 2005
DEPARTMENT: Finance
ACM: Kathy DuBose
SUBJECT
Consider approval of a Resolution appointing a special five (5) member Oversight Committee to
monitor, evaluate, and report on the progress of the five-year Capital Improvements Program,
subject to the authorization of the voters at the Bond Election on February 5, 2005, and providing
an effective date.
BACKGROUND
On February 5, 2005 voters approved the latest bond issue. Part of the City Council and Citizens
Advisory Committee support for the bond issue included forming another Bond Oversight
Committee. Since 1986 the Bond Oversight Committee has traditionally been made up of
members of the Blue Ribbon Committee. More specifically, members included the chairperson
and co-chairperson and chairs of the project teams. Mark Burroughs, Randy Robinson, Polly
Diebel, Rick Woolfolk, and Roni Beasley were the chairperson, co-chairperson and project team
committee chairs.
RECOMMENDATION
Staff has contacted these five members and they have agreed to serve.
Respectfully submitted:
Kathy DuBose
Assistant City Manager
S:\OUR DOCUMENTS~FISCAL & MUNICIPAL (FINANCE)\Ordinances-Resolutions\Oversight Committee.doe
RESOLUTION NO.
A RESOLUTION APPOINTING A SPECIAL FWE (5) MEMBER OVERSIGHT
COMMITTEE TO MONITOR, EVALUATE, AND REPORT ON THE PROGRESS OF THE
FIVE YEAR CAPITAL IMPROVEMENTS PROGRAM, SUBJECT TO THE
AUTHORIZATION OF THE VOTERS AT THE BOND ELECTION ON FEBRUARY 5, 2005;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council called and ordered a bond election for February 5, 2005,
for the purpose of submitting to the voters of the City of Denton certain capital improvements,
which bonds were approved by the voters as a result of the election; and
WHEREAS, the Citizens Advisory Committee fulfilled its charge of making
recommendations relative to the projects which should be submitted to the electorate and, among
those recommendations was the suggestion that a special committee be appointed by the City
Council to monitor, evaluate, and report on the progress of the Five Year Capital Improvements
Program should the same be authorized by the voters; and
WHEREAS, the City Council is desirous of accepting such recommendation; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Council hereby appoints a special five (5) member oversight
committee to monitor, evaluate, and report on the progress of the Five Year Capital
Improvements Program, authorized by the voters in the special election held on February 5,
2005. The committee shall also make recommendations to the City Council for all projects in
the miscellaneous paving improvements, traffic signals, trails/linkages, beautification, and
sidewalk/bikeway funding categories.
SECTION 2. The five member committee shall be made up of Mark Burroughs, the
Citizens Advisory Committee chairperson; Randy Robinson, co-chairperson, Polly Diebel, the
Community Development Project Team chairperson, Rick Woolfolk, the Transportation Project
Team chairperson, and Roni Beasley, the Parks and Recreation Project Team chairperson.
SECTION 3. This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ~ 2005.
EULINEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
BY:
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
April 19, 2005
Fire
Jon Fortune, Assistant City Manager
SUBJECT
Receive a report, hold a discussion, and give Staff direction regarding the "Fry Street Fair."
Consider a request for an exception to the Noise Ordinance for the purpose of a music festival,
Fry Street Fair, conducted by Delta Lodge, in the area of Fry Street and the backyard of the Delta
Lodge. The even is to be on Saturday, April 23, 2005, from 12:00 p.m. to 8:00 p.m. The
exception is specifically requested for an increase in the allowable decibels for an outdoor music
festival from 70 decibels to 75 decibels.
BACKGROUND
On March 22, 2005 Delta Lodge represeNatives and City Staff gave a report and discussed with
the City Council the possibility of a 2005 Fry Street Fair in DeNon. The Delta Lodge proposed
that the event return to the Fry Street area after a two-year absence. The festival will include
local bands, retail and food booths. Since the event will not be promoted in the Dallas/Ft. Worth
Metroplex, organizers anticipate a smaller crowd - approximately 4,600 participants. The entry
fees have been reduced from $20.00 to $10.00.
Due to several ongoing and unresolved issues, the City Council formed a Council Committee
made up of Pete Kamp, Bob MoNgomery and Jack Thomson to coNinue discussions with City
Staff and Delta Lodge representatives concerning the fair. On March 29, 2005, the Fry Street
Fair Committee met at Central Fire Station. The Committee discussed the need for a completed
Public Safety Plan. The Delta Lodge agreed it would be completed by April 8, 2005. The
committee encouraged the Delta Lodge to satisfy the UNT Police Department by signing their
Memorandum of Understanding (MOU). Delta Lodge represeNatives also committed to paying a
deposit to the Denton Police Department of $5,000 prior to the April 19~h City Council meeting.
On Friday, April 1, 2005, members of the Delta Lodge met with public safety officials and
worked out the details of the public safety plan. At this meeting the Delta Lodge stated they had
satisfied UNT's requiremeNs and signed the MOU with them. The Public Safety Plan has been
put together by City Staff and will be approved by all the participants prior to the 19~h of April.
Originally, the Committee and Delta Lodge agreed to UNT's request for $5,000,000 insurance
coverage. However, after further discussions, the Committee and UNT have agreed to a
$2,000.000 insurance policy. On April 8, 2005 the City's Risk ManagemeN approved a copy of
the insurance certificate for the Fry Street Fair.
Mark Teich, Treasurer for the Delta Lodge, submitted a request for an exception to the City's
Noise Ordinance for the purpose of a music festival, seeking an increase in the noise level from
70 to 75 decibels. Amplified sound will be used for both music and public announcemeNs. The
organization will comact the surrounding neighborhood and businesses encouraging people to
contact them if noise levels become a problem.
PRIOR ACTION/REVIEW (Council, Boards or Commissions)
The City Council received a report and discussed the possibilities of the Fry Street Fair coming
back to Demon at a work session on March 22, 2005. The Council formed a Council Committee
to work with City Staff and Delta Lodge members.
FISCAL INFORMATION:
The fiscal impact of this event will include overtime costs associated with the hiring of off-duty
police officers, firefighter/paramedics and Utilities workers. The Delta Lodge will reimburse the
City of Demon for these expenditures. Other fiscal impacts will include the staffing increases of
Public Safety Dispatchers and Municipal Court Employees. The University of North Texas will
also incur fiscal impact with their involvement.
Respectfully submitted:
Rick Jones
Fire Marshal
Janie McLeod
Community Evems Coordinator