Loading...
HomeMy WebLinkAboutMay 24, 2005 Agenda AGENDA CITY OF DENTON CITY COUNCIL May 24, 2005 After determining that a quorum is present, the City Council will convene in a Special Called Meeting of the City of Denton City Council on Tuesday, May 24, 2005 at 11:30 a.m. in the City Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 1. Consider adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Certificates of Obligation, Series 2005; approving and authorizing instruments and procedures relating thereto; and providing an effective date. 2. Consider adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton General Obligation Bonds, Series 2005; levying the tax to pay same; approving and authorizing instruments and procedures relating thereto; and providing an effective date. 3. Consider adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Utility System Revenue Refunding Bonds, Series 2005, approving and authorizing instruments and procedures relating thereto; and providing an effective date. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 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 CITY OF DENTON CITY COUNCIL May 24, 2005 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Special Called Work Session on Tuesday, May 24, 2005 at 4:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Receive a report, hold a discussion, and give staff direction regarding a letter to the Denton County Judge and Commissioners Court on Fire and Emergency Medical Services (EMS) funding. 2. Receive a report, hold a discussion and give staff direction on multi-family Texas Bond Projects and Tax Credit Projects. 3. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of May 24, 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: ["Before the City Council may deliberate, vote, or take final action on each of the agenda items posted as a competitive matter in a Closed Meeting under the provisions of TEXAS GOVERNMENT CODE Section 551.086(c), the City Council must first make a good faith determination, by majority vote of its members, that the particular agenda item is a competitive matter that satisfies the requirements of Section 551.086(b)(3). The vote shall be taken during the Closed Meeting and shall be included in the certified agenda of the Closed Meeting. If the City Council fails to determine by a majority vote that the particular agenda item satisfies the requirements of Section 551.086(b)(3), the City Council may not deliberate or take any further action on that agenda item in the Closed Meeting.] A. Consultation with Attorney Under TEXAS GOVERNMENT CODE Section 551.071 1. Consider and discuss strategy and status of litigation styled Ortegren, et al. v. City of Denton, currently pending in the Court of Appeals for the Second District of Texas. B. Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071; Deliberations regarding Real Property - Under TEXAS GOVERNMENT CODE Section 551.072; and Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under TEXAS GOVERNMENT CODE Section 551.086 City of Denton City Council Agenda May 24, 2005 Page 2 1. Receive legal advice from the City Attorney regarding the status and possible settlement of condemnation proceedings styled City of Denton, Texas v. the M. T. Cole Trust, et al; pending in the Probate Court of Denton County, Texas under Cause No. ED-2003-00489, being an acquisition of an electric utility easement out of a tract of land owned by the M.T. Cole Trust Numbers 1, 2, 3, and 4 just south of the Denton Municipal Airport; and providing an effective date. C. Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072, Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. 1. Discuss and deliberate the use and value of certain real property and appurtenances, thereto, consisting of street right-of-way all owned by the City of Denton, Texas, being situated throughout the City of Denton, Texas; relating to Verizon's fiber optic operations within the City of Denton, Texas, and the receipt of legal advice from the City's attorneys on matters in which their professional responsibility to the City Council regarding real estate matters requires private legal consultation. 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. Special Called Regular Meeting of the City of Denton City Council on Tuesday, May 24, 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 A. U. S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards B. May Yard-of-the-Month Awards C. Recognition of staff accomplishments City of Denton City Council Agenda May 24, 2005 Page 3 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 Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - K). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - 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 adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of landscaping and sod replacement services for various City Departments; providing for the expenditure of funds therefore; and providing an effective date (Bid 3333 - Annual Contract for Landscaping/Sod Replacement Services awarded to Classic Landscapes, Inc. in the estimated amount of $35,000). The Public Utilities Board recommends approval (5-0). B. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of two 25-yard rear-load refuse truck bodies by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3337 - Two 25-Yard Rear-Load Refuse Truck Bodies awarded to McNeilus Truck and Manufacturing in the amount of $94,304). The Public Utilities Board recommends approval (4-0). C. Consider adoption of an ordinance abandoning and vacating a 0.024 acre down guy easement recorded in Volume 733, Page 711, Deed Records of Denton County, Texas, a 0.024 acre down guy easement recorded in Volume 738, Page 751, Deed Records of Denton County, Texas, a 0.674 acre public utility easement recorded in Volume 738, Page 754, Deed Records of Denton County, Texas, and 0.674 acre public utility easement recorded in Volume 727, Page 899, Deed Records of Denton County, Texas; and providing an effective date. (Unicorn Lake Area SE of intersection of I-35 and Windriver Lane) D. Consider a request for an exception to the Noise Ordinance for the purpose of the Apollo Nights Series on the following Sundays: June 19th, June 26th, July 3rd, July 10th, July 17th, July 24th, and July 31st from 5:00 p.m. to 10:00 p.m. The event will be held in the Fred Moore Park. The requestor is specifically asking for an exception to all dates to allow amplified sound on Sunday. E. Consider a request for an exception to the Noise Ordinance for amplified sound for a fundraising rodeo and musical concert to be held at the North Texas Fairgrounds on June 18, 2005. The exception is specifically requested to extend the hours from 10:00 p.m. to 12:00 a.m. for amplified sound. City of Denton City Council Agenda May 24, 2005 Page 4 F. Consider approval of a resolution of the City of Denton, Texas, authorizing the City Manager to participate with the City of Fort Worth in the development and submission of a grant application under the United States Department of Housing and Urban Development Lead-Based Paint Hazard Control Grant; establishing objectives and projected use of funds and a Lead-Based Paint Hazard Control Program description required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990 as amended and all other applicable laws; providing for an effective date. G. Consider adoption of an ordinance of the City of Denton, Texas, on first reading, amending Ordinance No. 2003-239 and Ordinance No. 99-094, which granted a cable television franchise within the City; providing for an extension to the term of the franchise agreement between Marcus Cable Associates, L.L.C., dba Charter Communications and the City, providing for acceptance of the extension by Marcus Cable Associates, L.L.C., dba Charter Communications, providing a cumulative clause; providing for a savings clause; providing a severability clause; providing for engrossment and enrollment; and providing an effective date. H. Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas to execute a Local Participation Advanced Funding Agreement for an off-system project related to the implementation of the proposed pedestrian improvements through Unicorn Lake/Sundown Ranch project in the City of Denton; authorizing the expenditure of funds therefore; and providing an effective date. 1. Consider approval of the minutes of: April 12, 2005 April 19, 2005 J. Consider adoption of an ordinance of the City of Denton, Texas amending the fiscal year 2004-2005 Budget and Annual Program of Services of the City of Denton to allow for an adjustment of sixteen thousand dollars ($16,000); declaring an emergency; approving the amendment of the CY 2005 Hotel Tax funding agreement with the Denton Chamber of Commerce; providing for publication of this ordinance; and providing an effective date. The HOT Committee unanimously recommends approval. K. Consider adoption of an ordinance approving a settlement of a condemnation proceeding styled City of Denton, Texas v. the M. T. Cole Trust, et al; pending in the Probate Court of Denton County, Texas under Cause No. ED-2003-00489, being an acquisition of an electric utility easement out of a tract of land owned by the M.T. Cole Trust Numbers 1, 2, 3, and 4 just south of the Denton Municipal Airport; and providing an effective date. City of Denton City Council Agenda May 24, 2005 Page 5 4. PUBLIC HEARINGS A. Consider the following regarding Granite Point: 1. Hold a public hearing and consider adoption of an ordinance rezoning approximately 94.2 acres from an Industrial Center Employment (IC-E) zoning district to an Industrial Center General (IC-G) zoning district. The property is generally located at the southwest corner of Metro Road and I- 35 West frontage road intersection. The Planning and Zoning Commission recommends approval (6-0). (Z05-0004, Granite Point) 2. Hold a public hearing and consider adoption of an ordinance creating a Special Sign District for the Granite Point development. The 94.2 acre site is located at the southwest corner of Metro Road and I-35 West frontage road intersection. The purpose of the Special Sign District is to allow signage for a development to deviate from the requirements of Subchapter 15 of the Development Code relating to maximum number of ground signs. The Planning and Zoning Commission recommends approval (6-0). (SD05-0001, Granite Point) 3. Consider adoption of an ordinance concerning an Alternative Development Plan for approximately 94.2 acres located in an Industrial Center Employment zoning district. A zoning change for an Industrial Center General (IC-G) designation has been requested in association with this application. The proposed site is generally located at the southwest corner of Metro Road and I-35W intersection. An office/manufacturing/distribution complex is proposed. The Planning and Zoning Commission recommends approval with conditions (6-0). (ADP05-0002, Granite Point) B. Hold a public hearing and consider adoption of an ordinance rezoning Lot 8 of Collins Addition from Neighborhood Residential (NR-3) zoning district to Neighborhood Residential (NR-6) zoning district. The property is located approximately 100 feet north of Grace Temple Avenue, to the east of Fulton Street. The Planning and Zoning Commission recommends approval (4-2). (Z05- 0001, 412 Fulton) C. Hold a public hearing and consider adoption of an ordinance amending a Detailed Plan for approximately 7.4 acres within Planned Development 12 (PD-12) zoning district. The subject property, commonly known as 4050 South I-35E, is generally located 2,300 feet southeast of State School Road and I-35E frontage road intersection. A ground sign is proposed. The Planning and Zoning Commission recommends approval (6-0). (Z05-0003, Jim McNatt Honda Dealership) City of Denton City Council Agenda May 24, 2005 Page 6 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance concerning an Alternative Development Plan for tree canopy coverage for a distribution warehouse on approximately 30 acres of land located in an Industrial Centers Employment (IC-E) zoning district. The property, commonly known as 2900 Airport Road, is generally located west of I-35 West and north of Airport Road. The Planning and Zoning Commission recommends denial (5-1). (ADP05-0001, Anderson Merchandisers) B. Consider approval of a resolution by the City of Denton, Texas, approving the eligibility of the structure located at 208 West Oak Street, Denton, Texas for tax exemption for historically significant sites pursuant to Chapter 10, Article VII Code of Ordinances of the City of Denton, Texas; authorizing the City Manager to execute a tax exemption certificate; and declaring an effective date. The Historic Landmark Commission recommends approval (7-0). C. Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2005-2009 Consolidated Plan for Housing and Community Development including a 2005 Action Plan with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended; and providing for an effective date. D. Consider adoption of an ordinance of the City of Denton, Texas amending the provisions of Chapter 21 by creating Article III relating to graffiti; providing for a severability clause; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. E. Consider adoption of an ordinance of the City of Denton, Texas amending the provisions of Chapter 20 by creating Article IV entitled "Environmental Nuisances"; providing for a severability clause; providing a repealer clause; providing for a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. F. Consider approval of a resolution of the City of Denton, Texas, endorsing and advocating a proposed service plan rail route by the Denton County Transportation Authority that would use the former Union Pacific Railroad Right- of-Way ("MKT") that runs parallel to I-35 East between North Carrollton and Denton, with an ultimate terminus within downtown Denton, and providing an effective date. G. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Jordan Hudspeth regarding concerns of Southeast Denton. B. Lanisha Hudspeth regarding concerns of Southeast Denton. City of Denton City Council Agenda May 24, 2005 Page 7 C. Hagar Hudspeth regarding concerns of Southeast Denton. D. Willie Hudspeth regarding concerns of Southeast Denton. H. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. 1. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda J. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. K. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 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: May 24, 2005 DEPARTMENT: Fiscal Operations ACM: Kathy DuBose SUBJECT Consider adoption of an ordinance authorizing the issuance, sale and delivery of City of Denton Certificates of Obligation Bonds, Series 2005, approving and authorizing instruments and procedures relating thereto; and providing an effective date. BACKGROUND On May 24, 2005, David Medanich of First Southwest Company, the City's Financial Advisor, and Ted Brizzolara III of McCall, Parkhurst and Horton, the City's Bond Counsel, will present the underwriting firm for the City of Denton's Certificates of Obligation Bonds, Series 2005. These Bonds will provide funding of $7,145,000 (including costs of issuance) for the following projects and improvements: $ 750,000 Miscellaneous Paving 3,250,000 Public Safety - Fire Station #7 1,500,000 Vehicles and Equipment 1,550,000 Solid Waste PRIOR ACTION/REVIEW (Council, Boards, Commissions) All of these projects were approved in the Capital Improvement Program, fiscal year ending 2005-2009. FISCAL INFORMATION The Certificates of Obligation Bonds will have an estimated average annual debt services requirement of approximately $510,800. This amount has been included in the budget process. Respectfully submitted: 4,t~ A ax~ Di ana G. Ortiz Director of Fiscal Operations ORDINANCE NO. 2005- AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 2005; APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the Certificate of Obligation Act of 1971, Section 271(c) of the Texas Local Government Code, as amended (the "Act") permits the City to issue and sell for cash the Certificates of Obligation hereinafter authorized; and WHEREAS, the City has duly caused notice of its intention to issue the Certificates of Obligation hereinafter authorized to be published at the times and in the manner required by the Act and no petition has been filed protesting the issuance thereof, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. AMOUNT AND PURPOSE OF THE CERTIFICATES. The certificate or certificates of the City of Denton, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of $7,145,000, for the purpose of paying all or a portion of the City's contractual obligations incurred pursuant to contracts for the purchase of certain real and personal property, to-wit: (a) road and street improvements; (b) construction and equipping of a new westside fire station No. 7; (c) purchase of vehicles for use by the City's public safety departments; and (d) improvements to the City's solid waste disposal system and acquisition of related equipment; and also for the purpose of paying all or a portion of the City's contractual obligations for professional services, including engineers, architects, attorneys, map makers, auditors, and financial advisors, in connection with said Certificates of Obligation. Section 2. DESIGNATION OF THE CERTIFICATES. Each certificate issued pursuant to this Ordinance shall be designated: "CITY OF DENTON CERTIFICATE OF OBLIGATION, SERIES 2005", and initially there shall be issued, sold, and delivered hereunder a single fully registered certificate, without interest coupons, payable in installments of principal (the "Initial Certificate"), but the Initial Certificate may be assigned and transferred and/or converted into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, having serial maturities, and in the denomination or denominations of $5,000 or any integral multiple of $5,000, all in the manner hereinafter provided. The term "Certificates" as used in this Ordinance shall mean and include collectively the Initial Certificate and all substitute certificates exchanged therefor, as well as all other substitute certificates and replacement certificates issued pursuant hereto, and the term "Certificates" shall mean any of the Certificates. Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURITIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL CERTIFICATE. (a) The Initial Certificate is hereby authorized to be issued, sold, and delivered hereunder as a single fully registered Certificate, without interest coupons, dated May 15, 2005, in the denomination and aggregate principal amount of $7,145,000, numbered R-1, payable in annual installments of principal to the initial registered owner thereof, to-wit: or to the registered assignee or assignees of said Certificate or any portion or portions thereof (in each case, the "registered owner"), with the annual installments of principal of the Initial Certificate to be payable on the dates, respectively, and in the principal amounts, respectively, stated in the FORM OF INITIAL CERTIFICATE set forth in this Ordinance. (b) The Initial Certificate (i) may be assigned and transferred, (ii) may be converted and exchanged for other Certificates, (iii) shall have the characteristics, and (iv) shall be signed and sealed, and the principal of and interest on the Initial Certificate shall be payable, all as provided, and in the manner required or indicated, in the FORM OF INITIAL CERTIFICATE set forth in this Ordinance. Section 4. INTEREST. The unpaid principal balance of the Initial Certificate shall bear interest from the date of the Initial Certificate to the respective scheduled due dates of the installments of principal of the Initial Certificate, and said interest shall be payable, all in the manner provided and at the rates and on the dates stated in the FORM OF INITIAL CERTIFICATE set forth in this Ordinance. Section 5. FORM OF INITIAL CERTIFICATE. The form of the Initial Certificate, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be endorsed on the Initial Certificate, shall be substantially as follows: FORM OF INITIAL CERTIFICATE NO. R-_ $7,145,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON CERTIFICATE OF OBLIGATION SERIES 2005 THE CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to or to the registered assignee or assignees of this Certificate or any portion or portions hereof (in each case, the "registered owner") the aggregate principal amount of $7,145,000 (SEVEN MILLION ONE HUNDRED FORTY FIVE DOLLARS) in annual installments of principal due and payable on February 15 in each of the years, and in the respective principal amounts, as set forth in the following schedule, and to pay interest, from the date of this Certificate hereinafter stated, on the balance of each such installment of principal, respectively, from time to time remaining unpaid, at the rates per annum as follows: 2 i PRINCIPAL INTEREST PRINCIPAL INTEREST YEAR AMOUNT RATE) YEAR AMOUNT _RATE(%) 2006 $ 485,000 2016 S 245,000 2007 595,000 2017 255,000 2008 625,000 2018 265,000 2009 655,000 2019 280,000 2010 695,000 2020 295,000 2011 190,000 2021 310,000 2012 200,000 2022 325,000 2013 210,000 2023 340,000 2014 220,000 2024 355,000 2015 230,000 2025 370,000 Interest shall first be due and payable on February 15, 2006, and semiannually on each February 15 and August 15 thereafter while this Bond or any portion hereof is outstanding and unpaid. Said interest shall be calculated on the basis of a 360-day year composed of twelve 30-day months. THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Certificate are payable in lawful money of the United States of America, without exchange or collection charges. The installments of principal and the interest on this Certificate are payable to the registered owner hereof through the services of.1PMORGAN CHASE BANK, NATIONAL ASSOCIATION, DALLAS, TEXAS, which is the "Paying Agent/Registrar" for this Certificate. Payment of all principal of and interest on this Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof on each principal and/or interest payment date by check dated as of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Certificate (the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such principal and/or interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the last day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. The Issuer covenants with the registered owner ofthis Certificate that on or before each principal and/or interest payment date for this Certificate it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on this Certificate, when due. IN THE EVENT of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and ofthe scheduled payment date of the past due interest Special Payment Date", which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of a Certificate appearing on the registration books of the Paying Agent/Registrar at the close of business on the 15th business day next preceding the date of mailing of such notice. IF THE DATE for the payment of the principal of or interest on this Certificate shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. 3 THIS CERTIFICATE has been authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $7,145,000 for the purpose of paying all or a portion of the City's contractual obligations incurred pursuant to contracts for the purchase of certain real and personal property, to-wit: (a) road and street improvements; (b) construction and equipping of a new westside fire station No. 7; (c) purchase of vehicles for use by the City's public safety departments; and (d) improvements to the City's solid waste disposal system and acquisition of related equipment; and also for the purpose of paying all or a portion of the City's contractual obligations for professional services, including engineers, architects, attor- neys, map makers, auditors, and financial advisors, in connection with said Certificates of Obligation. ON FEBRUARY 15, 2015, or on any date whatsoever thereafter, the unpaid installments of principal of this Certificate of Obligation may be prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, with funds derived from any available source, as a whole, or in part, at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption. If less than all of the Certificates are to be redeemed, the Issuer may select the maturities of the Certificates to be redeemed. If less than all of the Certificates of any maturity are to be redeemed, the Paying Agent/Registrar shall determine by lot the Certificates, or portions thereof, within such maturity to be redeemed. AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner hereof. By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required prepayment or redemption price for this Certificate or the portion hereof which is to be so prepaid or redeemed, plus accrued interest thereon to the date fixed for prepayment or redemption. If such written notice of prepayment or redemption is given, and if due provision for such payment is made, all as provided above, this Certificate, or the portion thereof which is to be so prepaid or redeemed, thereby automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest after the date fixed for its prepayment or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued interest to the date fixed for prepayment or redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Certificate or any portion hereof. THIS CERTIFICATE, to the extent of the unpaid principal balance hereof, or any unpaid portion hereof in any integral multiple of $5,000, may be assigned by the initial registered owner hereof and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Certificates, upon the terms and conditions set forth in the Certificate Ordinance. Among other requirements for such transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar for cancellation, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment by the initial registered owner of this Certificate, or any portion or portions hereof in any integral multiple of $5,000, to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be trans- ferred and registered. Any instrument or instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Certificate or any such portion or portions hereof by the initial registered owner hereof. A new certificate or certificates payable to such assignee or assignees (which then will be the new registered owner or owners of such new Certificate or Certificates) or to the initial registered owner as to any portion of this Certificate which is not being assigned and transferred by the initial registered owner, shall be delivered by the Paying Agent/Registrar in conversion of and exchange for this Certificate or any portion or portions hereof, but solely in the form and manner as provided in the next paragraph hereof for the conversion and exchange of this Certificate or any portion hereof. The registered owner of this Certificate shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner 4 hereof for all purposes, including payment and discharge of liability upon this Certificate to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. AS PROVIDED above and in the Certificate Ordinance, this Certificate, to the extent of the unpaid principal balance hereof, may be converted into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, payable to the assignee or assignees duly designated in writing by the initial registered owner hereof, or to the initial registered owner as to any portion of this Certificate which is not being assigned and transferred by the initial registered owner, in any denomination or denominations in any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute certificate issued in exchange for any portion of this Certificate shall have a single stated principal maturity date), upon surrender of this Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Certificate Ordinance. If this Certificate or any portion hereof is assigned and transferred or converted each certificate issued in exchange for any portion hereof shall have a single stated principal maturity date corresponding to the due date of the installment of principal of this Certificate or portion hereof for which the substitute certificate is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or portion thereof. No such certificate shall be payable in installments, but shall have only one stated principal maturity date. AS PROVIDED IN THE CERTIFICATE ORDINANCE, THIS CERTIFICATE IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the certificates issued and delivered in exchange for this Certificate or any portion hereof may be assigned and transferred, and converted, subsequently, as provided in the Certificate Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging this Certificate or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make any such assignment, conversion, or exchange during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date. IN THE EVENT any Paying Agent/Registrar for this Certificate is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of this Certificate. IT IS HEREBY certified, recited, and covenanted that this Certificate has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate have been performed, existed, and been done in accordance with law; that this Certificate is a general obligation of the Issuer, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged irrevocably for such payment, within the limit prescribed by law; and that, together with other parity obligations, this Certificate additionally is payable from and secured by certain surplus revenues (not to exceed $10,000 in aggregate amount) derived by the Issuer from the ownership and operation of the City's Utility System (consisting ofthe City's combined waterworks system, sanitary sewer system, and electric light and power system), all as provided in the Certificate Ordinance. THE ISSUER has reserved the right to issue, in accordance with law, and in accordance with the Certificate Ordinance, other and additional obligations, and to enter into contracts, payable from ad valorem taxes and/or revenues of the City's Utility System, on a parity with, or with respect to said revenues, superior in lien to, this Certificate. 5 BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between the registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signed with the manual or facsimile signature of the Mayor of the Issuer and countersigned and attested with the manual or facsimile signature of the City Secretary of the Issuer, has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Certificate, and has caused this Certificate to be dated May 15, 2005. ATTEST: CITY OF DENTON, TEXAS By: By: Jennifer Walters Euline Brock City Secretary, City of Denton, Texas Mayor, City of Denton, Texas (CITY SEAL) (INSERT BOND INSURANCE LEGEND, IF ANY) FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Certificate has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Certificate has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) Section 6. ADDITIONAL CHARACTERISTICS OF THE CERTIFICATES. Registration and Transfer. (a) The Issuer shall keep or cause to be kept at the principal corporate trust office of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, DALLAS, TEXAS (the "Paying Agent/Registrar") books or records of the registration and transfer of the Certificates (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and registrations under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and registrations as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Certificate to which payments with respect to the Certificates shall be mailed, as herein 6 provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Regis- tration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Certificate may be transferred in the Registration Books only upon presentation and surrender of such Certificate to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, (i) evidencing the assignment of the Certificate, or any portion thereof in any integral multiple of $5,000, to the assignee or assignees thereof, and (ii) the right of such assignee or assignees to have the Certificate or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any Certificate or any portion thereof, a new substitute Certificate or Certificates shall be issued in conversion and exchange therefor in the manner herein provided. The Initial Certificate, to the extent of the unpaid principal balance thereof, may be assigned and transferred by the initial registered owner thereof once only, and to one or more assignees designated in writing by the initial registered owner thereof. All Certificates issued and delivered in conversion of and exchange for the Initial Certificate shall be in any denomination or denominations of any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Certificate shall have a single stated principal maturity date), shall be in the form prescribed in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance, and shall have the characteristics, and may be assigned, trans- ferred, and converted as hereinafter provided. If the Initial Certificate or any portion thereof is assigned and transferred or converted the Initial Certificate must be surrendered to the Paying Agent/Registrar for cancellation, and each Certificate issued in exchange for any portion of the Initial Certificate shall have a single stated principal maturity date, and shall not be payable in installments; and each such Certificate shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Certificate is being exchanged; and each such Certificate shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If only a portion of the Initial Certificate is assigned and transferred, there shall be delivered to and registered in the name of the initial registered owner substitute Certificates in exchange for the unassigned balance of the Initial Certificate in the same manner as if the initial registered owner were the assignee thereof. If any Certificate or portion thereof other than the Initial Certificate is assigned and transferred or converted each Certificate issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Certificate for which it is exchanged. A form of assignment shall be printed or endorsed on each Certificate, excepting the Initial Certificate, which shall be executed by the registered owner or its duly authorized attorney or representative to evidence an assignment thereof. Upon surrender of any Certificates or any portion or portions thereof for transfer of registration, an authorized representative of the Paying Agent/Registrar shall make such transfer in the Registration Books, and shall deliver a new fully registered substitute Certificate or Certificates, having the characteristics herein described, payable to such assignee or assignees (which then will be the registered owner or owners of such new Certificate or Certificates), or to the previous registered owner in case only a portion of a Certificate is being assigned and transferred, all in conversion of and exchange for said assigned Certificate or Certificates or any portion or portions thereof, in the same form and manner, and with the same effect, as provided in Section 6(d), below, for the conversion and exchange of Certificates by any registered owner of a Certificate. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer and delivery of a substitute Certificate or Certificates, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of any Certificate or any portion thereof during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date. 7 (b) Ownership of Certificates. The entity in whose name any Certificate shall be registered in the Registration Books at any time shall be deemed and treated as the absolute owner thereof for all purposes of this Ordinance, whether or not such Certificate shall be overdue, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium, if any, and interest on any such Certificate shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Certificate to the extent of the sum or sums so paid. (c) Pavrnent of Certificates and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Certificates, and to act as its agent to convert and exchange or replace Certificates, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Certificates, and of all conversions and exchanges of Certificates, and all replacements of Certificates, as provided in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest ("Special Payment Date", which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of a Certificate appearing on the registration books of the Paying Agent/Registrar at the close of business on the 15th business day next preceding the date of mailing of such notice. (d) Conversion and Exchange or Replacement, Authentication. Each Certificate issued and delivered pursuant to this Ordinance, to the extent of the unpaid principal balance or principal amount thereof, may, upon surrender of such Certificate at the principal corporate trust office of the Paying Agent/Registrar, together with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option of the registered owner or such assignee or assignees, as appropriate, be converted into and exchanged for fully registered certificates, without interest coupons, in the form prescribed in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance, in the denomination of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Certificate shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unpaid principal balance or principal amount of any Certificate or Certificates so surrendered, andpayable to the appropriate registered owner, assignee, or assignees, as the case may be. If the Initial Certificate is assigned and transferred or converted each substitute Certificate issued in exchange for any portion of the Initial Certificate shall have a single stated principal maturity date, and shall not be payable in installments; and each such Certificate shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Certificate is being exchanged; and each such Certificate shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If any Certificate or portion thereof (other than the Initial Certificate) is assigned and transferred or converted, each Certificate issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Certificate for which it is being exchanged. Each substitute Certificate shall bear a letter and/or number to distinguish it from each other Certificate. The Paying Agent/Registrar shall convert and exchange or replace Certificates as provided herein, and each fully registered certificate delivered in conversion of and exchange for or replacement of any Certificate or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of the Certificates for all purposes of this Ordinance, and may again be converted and exchanged or replaced. It is specifically provided that any Certificate authenticated in conversion of and exchange for or replacement of another Certificate on or prior to the first scheduled Record Date for the Initial Certificate shall bear interest from the date of the Initial 8 Certificate, but each substitute Certificate so authenticated after such first scheduled Record Date shall bear interest from the interest payment date next preceding the date on which such substitute Certificate was so authenticated, unless such Certificate is authenticated after any Record Date but on or before the next following interest payment date, in which case it shall bear interest from such next following interest payment date; provided, however, that if at the time of delivery of any substitute Certificate the interest on the Certificate for which it is being exchanged is due but has not been paid, then such Certificate shall bear interest from the date to which such interest has been paid in M. THE INITIAL CERTIFICATE issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Certificate issued in conversion of and exchange for or replacement of any Certificate or Certificates issued under this Ordinance there shall be printed a certificate, in the form substantially as follows: "PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Certificate has been issued under the provisions of the Certificate Ordinance described on the face of this Certificate; and that this Certificate has been issued in conversion of and exchange for or replacement of a certificate, certificates, or a portion of a certificate or certificates of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, DALLAS, TEXAS, Paying Agent/Registrar Dated By Authorized Representative" An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Certificate, date and manually sign the above Certificate, and no such Certificate shall be deemed to be issued or outstanding unless such Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all Certificates'surrendered for conversion and exchange or replacement. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange or replacement of any Certificate or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Certificates in the manner prescribed herein, and said Certificates shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Chapter 1201, Texas Government Code, the duty of conversion and exchange or replacement of Certificates as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's Authentication Certificate, the converted and exchanged or replaced Certificate shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Initial Certificate which originally was issued pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Certificate or any portion thereof, but the one requesting any such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange or replacement of Certificates or any portion thereof during the period commencing 9 with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date. (e) In General. All Certificates issued in conversion and exchange or replacement of any other Certificate or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Certificates to be payable only to the registered owners thereof, (ii) may be transferred and assigned, (iii) may be converted and exchanged for other Certificates, (iv) shall have the characteristics, (v) shall be signed and sealed, and (vi) the principal of and interest on the Certificates shall be payable, all as provided, and in the manner required or indicated, in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance. (f) Payment of Fees and Charges. The Issuer hereby covenants with the registered owners of the Certificates that it will (i) pay the standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Certificates, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services with respect to the transfer of registration of Certificates, and with respect to the conversion and exchange of Certificates solely to the extent above provided in this Ordinance. (g) Substitute Paving Agent/Re ig strar. The Issuer covenants with the registered owners of the Certificates that at all times while the Certificates are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Certificates under this Ordinance, and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or other- wise cease to act as such, the Issuer covenants that it will promptly appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar shall promptly transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Certificates, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Certificates, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Section 7. FORM OF SUBSTITUTE CERTIFICATES. The form of all Certificates issued in conversion and exchange or replacement of any other Certificate or portion thereof, including the form of Paying Agent/Registrar's Certificate to be printed on each of such Certificates, and the Form of Assignment to be printed on each of the Certificates, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. FORM OF SUBSTITUTE CERTIFICATE (Book-Entry Only Legend, if appropriate) NO. UNITED STATES OF AMERICA PRINCIPAL AMOUNT STATE OF TEXAS $ COUNTY OF DENTON CITY OF DENTON CERTIFICATE OF OBLIGATION 10 I i SERIES 2005 INTEREST RATE MATURITY DATE DATED DATE CUSIP NO. ON THE MATURITY DATE specified above the CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to a or to the registered assignee hereof (either being hereinafter called the "registered owner") the principal amount of and to pay interest thereon, calculated on the basis of a 360-day year composed of twelve 30-day months, from May 15, 2005, to the maturity date specified above, at the interest rate per annum specified above; with interest being first due and payable on February 15, 2006, and semiannually on each August 15 and February 15 thereafter, except that if the date of authentication of this Certificate is later than the first Record Date (hereinafter defined), such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date (hereinafter defined) but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date. THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Certificate shall be paid to the registered owner hereof upon presentation and surrender of this Certificate at maturity, at the principal corporate trust office of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, DALLAS, TEXAS, which is the "Paying Agent/Registrar" for this Certificate. The payment of interest on this Certifi- cate shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of the Certificates (the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the last day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. However, the payment of such interest may be made by any other method acceptable to the Paying Agent/Registrar and requested by, and at the risk and expense of, the registered owner hereof. The Issuer covenants with the registered owner of this Certificate that on or before each principal payment date, interest payment date, and accrued interest payment date for this Certificate it will mare available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Certificates, when due. IN THE EVENT of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the 11 Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest ("Special Payment Date", which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of a Certificate appearing on the registration books of the Paying Agent/Registrar at the close of business on the 15th business day next preceding the date of mailing of such notice. IF THE DATE for the payment of the principal of or interest on this Certificate shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS CERTIFICATE is one of an issue of Certificates initially dated May 15, 2005, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $7,145,000, for the purpose of paying all or a portion of the City's contractual obligations incurred pursuant to contracts for the purchase of certain real and personal property, to-wit: (a) road and street improvements; (b) construction and equipping of a new westside fire station No. 7; (c) purchase of vehicles for use by the City's public safety departments; and (d) improvements to the City's solid waste disposal system and acquisition of related equipment; and also for the purpose of paying all or a portion of the City's contractual obligations for profes- sional services, including engineers, architects, attorneys, map makers, auditors, and financial advisors, in connection with said Certificates of Obligation. ON FEBRUARY 15, 2015, or on any date whatsoever thereafter, the Certificates of this Series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, at the redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for redemption. If less than all of the Certificates are to be redeemed, the Issuer may select the maturities of the Certificates to be redeemed. If less than all of the Certificates of any maturity are to be redeemed, the Paying Agent/Registrar shall determine by lot the Certificates, or portions thereof, within such maturity to be redeemed. AT LEAST 30 days prior to the date fixed for any redemption of Certificates or portions thereof prior to maturity a written notice of such redemption shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, to the registered owner of each Certificate to be redeemed at its address as it appeared on the 45th day prior to such redemption date; provided, however, that the failure to send, mail, or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Certificate. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Certificates or portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such written notice of redemption is given and if due provision for such payment is made, all as provided above, the Certificates or portions thereof which are to be so re- deemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest from the Paying Agent/Registrar out of the funds provided for such payment. If a portion of any Certificate shall be redeemed a substitute Certificate or Certificates having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Bond Ordinance. 12 THIS CERTIFICATE OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE OF $5,000 may be assigned and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Certificates, upon the terms and conditions set forth in the Certificate Ordinance. Among other requirements for such assignment and transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Certificate or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Certificate shall be executed by the registered owner or its duly authorized attorney or representative, to evidence the assignment hereof. A new Certificate or Certificates payable to such assignee or assignees (which then will be the new registered owner or owners of such new Certificate or Certificates), or to the previous registered owner in the case of the assignment and transfer of only a portion of this Certificate, may be delivered by the Paying Agent/Registrar in conversion of and exchange for this Certificate, all in the form and manner as provided in the next paragraph hereof for the conversion and exchange of other Certificates. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of this Certificate or any portion hereof during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date. The registered owner of this Certificate shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Certificate to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered certificates, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Certificate Ordinance, this Certificate, may, at the request of the registered owner or the assignee or assignees hereof, be converted into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon surrender of this Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Certificate Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Certificate or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date. IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and will promptly cause written notice thereof to be mailed to the registered owners of the Certificates. IT IS HEREBY certified, recited, and covenanted that this Certificate has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate have been performed, existed, and been done in accordance with law; that this Certificate is a general obligation of the 13 Issuer, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged irrevocably for such payment, within the limit prescribed by law; and that, together with other parity obligations, this Certificate, and the other Certificates of this Series, additionally are payable from and secured by certain surplus revenues (not to exceed $10,000 in aggregate amount) derived by the Issuer from the ownership and operation of the City's Utility System (consisting of the City's combined waterworks system, sanitary sewer system, and electric light and power system), all as provided in the Certificate Ordinance. THE ISSUER has reserved the right to issue, in accordance with law, and in accordance with the Certificate Ordinance, other and additional obligations, and to enter into contracts, payable from ad valorem taxes and/or revenues of the City's Utility System, on a parity with, or with respect to said revenues, superior in lien to, this Certificate. BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signed with the manual or facsimile signature of the Mayor of the Issuer and countersigned and attested with the manual or facsimile signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Certificate. ATTEST: CITY OF DENTON, TEXAS By: By: Jennifer Walters Euline Brock City Secretary, City of Denton, Texas Mayor, City of Denton, Texas (CITY SEAL) 14 FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Certificate has been issued under the provisions of the Certificate Ordinance described on the face of this Certificate; and that this Certificate has been issued in conversion of and exchange for or replacement of a certificate, certificates, or a portion of a certificate or certificates of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. 7PMORGAN CHASE BANK, NATIONAL ASSOCIATION, DALLAS, TEXAS, Paying Agent/Registrar Dated By Authorized Representative (INSERT BOND INSURANCE LEGEND, IF ANY) FORM OF ASSIGNMENT: ASSIGNMENT FOR VALUE RECEIVED, the undersigned registered owner of this Certificate, or duly authorized representative or attorney thereof, hereby assigns this Certificate to (Assignee's Social (print or typewrite Assignee's name and Security or Taxpayer address, including zip code) Identification Number and hereby irrevocably constitutes and appoints attorney to transfer the registration of this Certificate on the Paying Agent/Registrar's Registration Books with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by Registered Owner an eligible guarantor institution participating in a securities transfer association recognized NOTICE: This signature must correspond with signature guarantee program. the name ofthe Registered Owner appearing on the face of this Certificate in every particular without alteration or enlargement or any change whatsoever. 15 Section S. TAX LEVY. A special Interest and Sinking Fund (the "Interest and Sinking Fund") is hereby created solely for the benefit of the Certificates, and the Interest and Sinking Fund shall be established and maintained by the Issuer at an official depository bank of the Issuer. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the Issuer, and shall be used only for paying the interest on and principal of the Certificates. All ad valorem taxes levied and collected for and on account of the Certificates, together with any premium and accrued interest received upon sale of the Certificates, shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Certificates or interest thereon are outstanding and unpaid, the governing body of the Issuer shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Certificates as such interest becomes due, and to provide and maintain a sinking fund adequate to pay the principal of its Certificates as such principal matures or is scheduled for redemption (but never less than 2% of the original principal amount of the Certificates as a sinking fund each year). Said tax shall be based on the latest approval tax rolls of the Issuer, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the Issuer for each year while any of the Certificates or interest thereon are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Certificates, as such interest comes due and such principal matures or is scheduled for redemption, are hereby pledged for such payment, within the limit prescribed by law. Section 9. SURPLUS REVENUES. The Certificates additionally shall be payable from and secured by surplus revenues in accordance with Section 1502 of the Texas Government Code, as amended, to the extent hereinafter permitted, derived by the Issuer from the ownership and operation of the Issuer's Utility System (consisting of its combined waterworks system, sanitary sewer system, and electric light and power system) remaining after (a) payment of all amounts constituting operation and maintenance expenses of said Utility System, and (b) payment of all debt service, reserve, and other requirements and amounts required to be paid under all ordinances heretofore or hereafter authorizing (i) all bonds and (ii) all other obligations not on a parity with the Certificates, which are payable from and secured by any Utility System revenues, and (c) payment of all amounts payable from any Utility System revenues pursuant to contracts heretofore or hereafter entered into by the Issuer in accordance with law (the "Surplus Revenues"). If, for any reason, the Issuer fails to deposit ad valorem taxes levied pursuant to Section 8 hereof to the credit of the Interest and Sinking Fund in an amount sufficient to pay, when due, the principal of and interest on the Certificates, then Surplus Revenues, to the extent hereinafter permitted, shall be deposited to the credit of the Interest and Sinking Fund and used to pay such principal and/or interest. A maximum aggregate of $10,000 of Surplus Revenues may be used to pay principal and/or interest on the Certificates and any obligations on a parity therewith. The Certificates and any obligations on a parity therewith are not, and shall not be deemed to be, payable from or secured by any Surplus Revenues in excess of an aggregate of $10,000. Until and unless an aggregate of $10,000 of Surplus Revenues actually is used to pay any such principal and/or interest, additional obligations, payable from and secured by all or any remaining unused part of said aggregate of $10,000 of Surplus Revenues, maybe issued by the Issuer on a parity with the Certificates and any other then outstanding parity obligations, with, the Certificates and all such additional parity obligations to be payable from and secured equally and ratably by all or any remaining unused part of said aggregate. The Issuer reserves, and shall have, the right to issue bonds, and other obligations not on a parity with the Certificates, and to enter into contracts, in accordance with applicable laws, to be payable from and secured by any Utility System revenues other than the aggregate of $10,000 of Surplus Revenues as described above. The Certificates are on a parity with those issues of City of Denton Certificates of Obligation, Series 1994, Series 1995, Series 1996, Series 1998, Series 1999, Series 2000, Series 2001, Series 2002, Series 2003 and Series 2004 (the "Outstanding Certificates"), as permitted in the Ordinances authorizing same; and it is hereby found and determined that none of the above defined Surplus Revenues have ever been used to pay any principal and/or interest on the Outstanding Certificates. 16 Section 10. DEFEASANCE OF CERTIFICATES. (a) Any Certificate and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a "Defeased Certificate") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section, when payment of the principal of such Certificate, plus interest thereon to the due date either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying AgentlRegistrar for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Government Obligations which mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Certificates shall have become due and payable. At such time as a Certificate shall be deemed to be a Defeased Certificate hereunder, as aforesaid, such Certificate and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Government Obligations. (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the Issuer also be invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from such Government Obligations received by the Paying Agent/Registrar which is not required for the payment of the Certificates and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. (c) The term "Government Obligations" as used in this Section shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, which may be in book-entry form. (d) Until all Defeased Certificates shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certificates the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance. Section 11. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATES. (a) Replacement Certificates. In the event any outstanding Certificate is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new certificate of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Certificate, in replacement for such Certificate in the manner hereinafter provided. (b) Application for Replacement Certificates. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Certificates shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Certificate, the registered owner applying for a replacement certificate shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Certificate, the registered owner shall furnish to the Issuer and the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Certificate, as the case may be. In every case of damage or mutilation of a Certificate, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Certificate so damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event of any such Certificate shall have matured, and no default has occurred which is then continuing in the payment of the principal of, or interest on the Certificate, the Issuer may authorize the payment of the same 17 (without surrender thereof except in the case of a damaged or mutilated Certificate) instead of issuing a replacement Certificate, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Re lacement Certificates. Prior to the issuance of any replacement certificate, the Paying Agent/Registrar shall charge the registered owner of such Certificate with all legal, printing, and other expenses in connection therewith. Every replacement certificate issued pursuant to the provisions of this Section by virtue of the fact that any Certificate is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Certificate shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Certificates duly issued under this Ordinance. (e) Authori for Issuing Re lacement Certificates. In accordance with Chapter 1201, Texas Government Code, this Section of this Ordinance shall constitute authority for the issuance of any such replacement certificate without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such certificates is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Certificates in the form and manner and with the effect, as provided in Section 6(d) of this Ordinance for Certificates issued in conversion and exchange for other Certificates. Section 12. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES; CERTIFICATE COUNSEL'S OPINION, CUSIP NUMBERS, PREAMBLE AND INSURANCE. The Mayor of the Issuer is hereby authorized to have control of the Initial Certificate issued hereunder and all necessary records and proceedings pertaining to the Initial Certificate pending its delivery and its investigation, exami- nation, and approval by the Attorney General of the State of Texas, and its registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Initial Certificate said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate on the Initial Certificate, and the seal of said Comptroller shall be impressed, or placed in facsimile, on the Initial Certificate. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Initial Certificate or on any Certificates issued and delivered in conversion of and exchange or replacement of any Certificate, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Certificates. The preamble to this Ordinance is hereby adopted and made a part hereof for all purposes. If insurance is obtained on any of the Certificates, the Initial Certificate and all other Certificates shall bear an appropriate legend concerning insurance as provided by the insurer. Section 13. COVENANTS REGARDING TAX-EXEMPTION OF INTEREST ON THE CERTIFICATES. (a) Covenants. The Issuer covenants to take any action necessary to assure, or refrain from any action which would adversely affect, the treatment of the Certificates as obligations described in section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows: (1) to take any action to assure that no more than 10 percent of the proceeds of the Certificates or the projects financed therewith (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or the projects financed therewith are so used, such amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Order or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Certificates, in contravention of section 141(b)(2) of the Code; 18 (2) to take any action to assure that in the event that the "private business use" described in subsection (1) hereof exceeds 5 percent of the proceeds of the Certificates or the projects financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental use; (3) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Certificates (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (4) to refrain from taking any action which would otherwise result in the Certificates being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (5) to refrain from taking any action that would result in the Certificates being "federally guaranteed" within the meaning of section 149(b) of the Code; (6) to refrain from using any portion of the proceeds of the Certificates, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) ofthe Code) which produces a materially higher yield over the term of the Certificates, other than investment property acquired with (A) proceeds of the Certificates invested for a reasonable temporary period of 3 years or less or, in the case of a refunding bond, for a period of 90 days or less until such proceeds are needed for the purpose for which the bonds are issued, (B) amounts invested in a bona fide debt service fund, within the meaning of section 1.148-1(b) of the Treasury Regulations, and (C) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Certificates; (7) to otherwise restrict the use of the proceeds of the Certificates or amounts treated as proceeds ofthe Certificates, as may be necessary, so that the Certificates do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); and (8) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Certificates) an amount that is at least equal to 90 percent of the "Excess Earnings," within the meaning of section 148(f) of the Code and to pay to the United States of America, not later than 60 days after the Certificates have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code. (b) Proceeds. The Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the Certificates. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U. S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify or expand provisions of the Code, as applicable to the Certificates, the Issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally recognized bond counsel, will 19 not adversely affect the exemption from federal income taxation of interest on the Certificates under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Certificates, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Certificates under section 103 of the Code. In furtherance of such intention, the Issuer hereby authorizes and directs the Mayor to execute any documents, certificates or reports required by the Code and to make such elections, on behalf of the Issuer, which may be permitted by the Code as are consistent with the purpose for the issuance of the Certificates. Section 14. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE PROJECT. The Issuer covenants to account for the expenditure of sale proceeds and investment earnings to be used for the purposes described in Section 1 of this Ordinance (the "Project") on its books and records in accordance with the requirements of the Internal Revenue Code. The Issuer recognizes that in order for the proceeds to be considered used for the reimbursement of costs, the proceeds must be allocated to expenditures within 18 months of the later of the date that (1) the expenditure is made, or (2) the Project is completed; but in no event later than three years after the date on which the original expenditure is paid. The foregoing notwithstanding, the Issuer recognizes that in order for proceeds to be expended under the Internal Revenue Code, the sale proceeds or investment earnings must be expended no more than 60 days after the earlier of (1) the fifth anniversary of the delivery of the Certificates, or (2) the date the Certificates are retired. The Issuer agrees to obtain the advice of nationally-recognized bond counsel if such expenditure fails to comply with the foregoing to assure that such expenditure will not adversely affect the tax-exempt status of the Certificates. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 15. DISPOSITION OF PROJECT. The Issuer covenants that the property constituting the Project will not be sold or otherwise disposed in a transaction resulting in the receipt by the Issuer of cash or other compensation, unless the Issuer obtains an opinion of nationally-recognized bond counsel that such sale or other disposition will not adversely affect the tax-exempt status of the Certificates. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains a legal opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 16. INTEREST EARNINGS ON CERTIFICATE PROCEEDS. Interest earnings derived from the investment of proceeds from the sale ofthe Initial Certificate shall be used along with other proceeds for the purposes for which the Certificates are issued; provided that after completion of such purposes, if any of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided, however, that any interest earnings on certificate proceeds which are required to be rebated to the United States of America pursuant to Section 13 hereof in order to prevent the Certificates from being "arbitrage bonds" within the meaning.of the Code shall be so rebated and not considered as interest earnings for the purposes of this Section. Section 17. SALE OF INITIAL CERTIFICATE; BOND INSURANCE. (a) The Initial Certificate is hereby sold and shall be delivered to as underwriter, in accordance with the Purchase Contract dated the date of this meeting and presented to the City Council of the City at this meeting. The City Council hereby finds that the terms of the Purchase Contract are the most advantageous terms for the City that are reasonably available. The Mayor of the Issuer is authorized and directed to execute, on behalf of the Issuer, said Purchase Contract in the form and substance submitted at this meeting. (b) Pursuant to the conditions of issuance and other requirements of (the "Insurer" or the issuer of the 20 i (the "Policy") relating to the Certificates, to the extent permitted by law, the provisions of the "PAYMENTS UNDER THE POLICY/OTHER REQUIRED PROVISIONS" as attached hereto as Exhibit B are approved and incorporated herein for all purposes. Defined terms words and phrases used therein, to the extent not defined therein, shall have the following meanings: "Business Day" shall mean a day other than a Saturday or Sunday on which (a) banks located in Dallas, Texas or in New York, New York are not required or authorized by law or executive order to close for business and (b) The New York Stock Exchange is not closed. "Obligations" shall mean Certificates. "Paying Agent/Trustee" shall mean Paying Agent/Registrar. "Bondholder" or "Holder" shall mean the registered owners of the Certificates. "Indenture" shall mean this Ordinance. "Annual Budget" shall mean the annual budget prepared by the Issuer. Section 18. OFFICIAL STATEMENT. An Official Statement dated as of the date of this meeting has been prepared in connection with the sale of the Initial Certificate and the Certificates, in the form and substance submitted at this meeting. Said Official Statement and any supplement or addenda thereto have been and are hereby approved, and their use in the offer and sale of the Certificates is hereby approved. It is further officially found, determined, and declared that the statements and representations contained in said Official Statement are true and correct in all material respects, to the best knowledge and belief of the Issuer. The distribution and use of the Preliminary Official Statement dated May 2005, prior to the date hereof is hereby ratified and approved. Section 19. DTC REGISTRATION. The Certificates initially shall be issued and delivered in such manner that no physical distribution of the Certificates will be made to the public, and The Depository Trust Company ("DTC"), New York, New York, initially will act as depository for the Certificates. DTC has represented that it is a limited purpose trust company incorporated under the laws of the State of New York, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered under Section 17A of the federal Securities Exchange Act of 1934, as amended, and the Issuer accepts, but in no way verifies, such representations. The Initial Certificate authorized by this Ordinance shall be delivered to and registered in the name of the Purchaser. However, it is a condition of delivery and sale that the Purchaser, immediately after such delivery, shall cause the Paying Agent/Registrar, as provided for in this Ordinance, to cancel said Initial Certificate and deliver in exchange therefor a substitute Certificate for each maturity of such Initial Certificate, with each such substitute Certificate to be registered in the name of CEDE & CO., the nominee of DTC, and it shall be the duty of the Paying Agent/Registrar to take such action. It is expected that DTC will hold the Certificates on behalf of the Purchaser and/or the DTC Participants, as defined and described in the Official Statement referred to and approved in Section 18 hereof (the 'DTC Participants"). So long as each Certificate is registered in the name of CEDE & CO., the Paying Agent/Registrar shall treat and deal with DTC in all respects the same as if it were the actual and beneficial owner thereof It is expected that DTC will maintain a book entry system which will identify beneficial ownership of the Certificates by DTC Participants in integral amounts of $5,000, with transfers of ownership being effected on the records of DTC and the DTC Participants pursuant to rules and regulations established by them, and that the substitute Certificates initially deposited with DTC shall be immobilized and not be further exchanged for substitute Certificates except as hereinafter provided. The Issuer is not responsible or liable for any functions of DTC, will not be responsible for paying any fees or charges with respect to its services, will not be responsible or liable for maintaining, 21 supervising, or reviewing the records of DTC or the DTC Participants, or protecting any interests or rights of the beneficial owners of the Certificates. It shall be the duty of the Purchaser and the DTC Participants to make all arrangements with DTC to establish this book-entry system, the beneficial ownership of the Certificates, and the method of paying the fees and charges of DTC. The Issuer does not represent, not does it in any way covenant that the initial book-entry system established with DTC will be maintained in the future. The Issuer reserves the right and option at any time in the future, in its sole discretion, to terminate the DTC (CEDE & CO.) book-entry only registration requirement described above, and to permit the Certificates to be registered in the name of any owner. If the Issuer exercises its right and option to terminate such requirement, it shall give written notice of such termination to the Paying Agent/Registrar and to DTC, and thereafter the Paying Agent/Registrar shall, upon presentation and proper request, register any Certificate in any name as provided for in this Ordinance. Notwithstanding the initial establishment of the foregoing book-entry system with DTC, if for any reason any of the originally delivered substitute Certificates is duly filed with the Paying Agent/Registrar with proper request for transfer and substitution, as provided for in this Ordinance, substitute Certificates will be duly delivered as provided in this Ordinance, and there will be no assurance or representation that any book-entry system will be maintained for such Certificates. Section 20. CONTINUING DISCLOSURE. (a) Annual Reports. (i) The Issuer shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year ending in or after 2004, financial information and operating data with respect to the Issuer of the general type included in the final Official Statement authorized by Section 18 of this Ordinance, being the information described in Exhibit A hereto, which Exhibit is attached to and incorporated in this Ordinance as if written word for word herein. Any financial statements so to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit A hereto, or such other accounting principles as the Issuer may be required to employ from time to time pursuant to state law or regulation, and (2) audited, if the Issuer commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the Issuer shall provide unaudited financial statements by the required time and will provide audited financial statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such statements become available. (ii) If the Issuer changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (b) Material Event Notices. The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Certificates, if such event is material within the meaning of the federal securities laws: I. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure. to perform; 22 6. Adverse tax opinions or events affecting the tax-exempt status of the Certificates; 7. Modifications to rights of holders of the Certificates; 8. Certificate calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Certificates; and 11. Rating changes. The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the Issuer to provide financial information or operating data in accordance with subsection (a) of this Section by the time required by such subsection. (c) Limitations, Disclaimers, and Amendments. (i) The Issuer shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except that the Issuer in any event will give the notice required by Subsection (b) hereof of any Certificate calls and defeasance that cause the Issuer to no longer be such an "obligated person". (ii) The provisions of this Section are for the sole benefit of the registered owners and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The Issuer does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. (iii) UNDERNO CIRCUMSTANCES SHALL THE ISSUER, ITS OFFICERS, AGENTS AND EMPLOYEES, BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (iv) No default by the Issuer in observing or performing its obligations under this Section shall comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer under federal and state securities laws. (v) The provisions of this Section may be amended by the Issuer from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule 23 since such offering as well as such changed circumstances and (2) either (a) the registered owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Certificates consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as nationally recognized bond counsel) determined that such amendment will not materially impair the interest of the registered owners and beneficial owners of the Certificates. If the Issuer so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (a) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. The Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Certificates in the primary offering of the Certificates. (d) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. Section 21. PROTECTION OF PLEDGE. Chapter 1208, Government Code, applies to the issuance of the Certificates and the pledge of the taxes and surplus revenues granted by the Issuer under Sections 8 and 9 of this Ordinance, and is therefore valid, effective, and perfected. If Texas law is amended at any time while the Certificates are outstanding and unpaid such that the pledge of the taxes and surplus revenues granted by the Issuer under Sections 8 and 9 of this Ordinance is to be subject to the filing requirements of Chapter 9, Texas Business & Commerce Code, then in order to preserve to the registered owners of the Certificates the perfection of the security interest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, Texas Business & Commerce Code and enable a filing to perfect the security interest in said pledge to occur. Section 22. FURTHER PROCEDURES. The Mayor of the Issuer, the City Secretary of the Issuer, and all other officers, employees, and agents of the Issuer, and each of them, shall be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver in the name and under the corporate seal and on behalf of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Certificate Ordinance, the Certificates, the sale of the Certificates, and the Purchase Contract; and the Assistant City Manager/Fiscal and Municipal Services of the City shall cause the expenses of issuance of the Certificates to be paid from the proceeds of sale of the Initial Certificate or from other lawfully available funds of the Issuer. In case any officer whose signature shall appear on any Certificate shall cease to be such officer before the delivery of such Certificate, such signature 24 shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. Section 23. OPEN MEETINGS. The City Council has found and determined that the meeting at which this Ordinance is considered is open to the public and that notice thereof was given in accordance with the provisions of the Texas Open Meetings, Law, Tex. Gov't. Code, Chapter 551, as amended. Section 24. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its passage and approval. 25 PASSED AND APPROVED this the 24th day of May, 2005. Euline Brock, Mayor ATTEST: Jennifer Walters, City Secretary APPROVED AS TO LEGAL FORM: Edwin M. Sn er, Interim ity Attorney By: i 26 EXHIBIT A DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 20 of this Ordinance: Annual Financial Statements and Operating Data The financial information and operating data with respect to the Issuer to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the tables of the Official Statement referred to) below: Tables numbered 1 through 15, inclusive, under the captions "Tax Information", "Debt Service Requirements" and "Financial Information" in the Official Statement. Appendix B in the Official Statement. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to in the paragraph above. EXHIBIT B PAYMENTS UNDER THE POLICY/OTHER REQUIRED PROVISIONS I I AGENDA INFORMATION SHEET AGENDA DATE: May 24, 2005 DEPARTMENT: Fiscal Operations ACM: Kathy DuBose < SUBJECT Consider adoption of an ordinance authorizing the issuance, sale and delivery of City of Denton General Obligation Bonds, Series 2005, levying the tax to pay same; approving and authorizing instruments and procedures relating thereto; and providing an effective date. BACKGROUND On May 24, 2005, David Medanich of First Southwest Company, the City's Financial Advisor, and Ted Brizzolara III of McCall, Parkhurst and Horton, the City's Bond Counsel, will present the underwriting company of the City of Denton General Obligation Bonds, Series 2005. The $5,000,000 will be used to fund the following proj ects: $ 200,000 Library 4,445,600 Streets 354,400 Parks PRIOR ACTION/REVIEW (Council, Boards, Commissions) All of these projects were approved in the Capital Improvement Program, fiscal year ending 2005-2009. FISCAL INFORMATION The estimated average annual debt service is approximately $392,000 over the life of the bonds. Respectfully submitted: 44L--, A ok Diana G. Ortiz Director of Fiscal Operations ORDINANCE NO. 2005- AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 2005, LEVYING THE TAX TO PAY SAME; APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, an election was held on February 5, 2005 at which the City Council was authorized to issue certain of the bonds hereinafter authorized; and WHEREAS, at said election the following bonds were authorized to be issued: Amount Prop. Amount Amount Being Previously Voted No. Authorized Issued Issued But Unissued 1 (Senior Center & Library) $ 4,000,000 $ 200,000 $ -0- $ 3,800,000 2 (Streets) 27,700,000 4,445,600 -0- 23,254,400 3 (Parks) 10,700,000 354,400 -0- 10,345,600 WHEREAS, the bonds hereinafter authorized and designated were voted and are to be issued, sold, and delivered pursuant to Chapter 1331, Texas Government Code, and Article IX of the City's Home Rule Charter, and other applicable laws; and WHEREAS, it is considered to be in the best interest of the City that said interest bearing bonds be issued, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. AMOUNT AND PURPOSE OF THE BONDS. The bond or bonds of the City of Denton, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of $5,000,000, FOR THE PURPOSE OF THE ACQUISITION OF PROPERTY AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES IN SAID CITY, TO-WIT: SENIOR CENTER AND LIBRARY IMPROVEMENTS, STREET IMPROVEMENTS AND PARK IMPROVEMENTS. Section 2. DESIGNATION OF THE BONDS. Each bond issued pursuant to this Ordinance shall be designated: "CITY OF DENTON GENERAL OBLIGATION BOND, SERIES 2005, and initially there shall be issued, sold, and delivered hereunder a single fully registered bond, without interest coupons, payable in installments of principal (the "Initial Bond"), but the Initial Bond may be assigned and transferred and/or converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest } coupons, having serial maturities, and in the denomination or denominations of $5,000 or any integral multi- ple of $5,000, all in the manner hereinafter provided. The term "Bonds" as used in this Ordinance shall mean and include collectively the Initial Bond and all substitute bonds exchanged therefor, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and the term "Bonds" shall mean any of the Bonds. Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURITIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL BOND. (a) The Initial Bond is hereby authorized to be issued, sold, and delivered hereunder as a single fully registered Bond, without interest coupons, dated May 15, 2005, in the denomination and aggregate principal amount of $5,000,000, numbered R-1, payable in annual installments of principal to the initial registered owner thereof, to-wit: I or to the registered assignee or assignees of said Bond or any portion or portions thereof (in each case, the "registered owner"), with the annual installments of principal of the Initial Bond to be payable on the dates, respectively, and in the principal amounts, respectively, stated in the FORM OF INITIAL BOND set forth in this Ordinance. (b) The Initial Bond (i) may be prepaid or redeemed prior to the respective scheduled due dates of - installments of principal thereof, (ii) may be assigned and transferred, (iii) may be converted and exchanged for other Bonds, (iv) shall have the characteristics, and (v) shall be signed and sealed, and the principal of and interest on the Initial Bond shall be payable, all as provided, and in the manner required or indicated, in the FORM OF INITIAL BOND set forth in this Ordinance. Section 4. INTEREST. The unpaid principal balance of the Initial Bond shall bear interest from the date of the Initial Bond to the respective scheduled due dates, or to the respective dates of prepayment or redemption, of the installments of principal of the Initial Bond, and said interest shall be payable, all in the manner provided and at the rates and on the dates stated in the FORM OF INITIAL BOND set forth in this Ordinance. Section 5. FORM OF INITIAL BOND. The form of the Initial Bond, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be endorsed on the Initial Bond, shall be substantially as follows: FORM OF INITIAL BOND NO. R-1 $5,000,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON GENERAL OBLIGATION BOND SERIES 2005 THE CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to 2 or to the registered assignee or assignees of this Bond or any portion or portions hereof (in each case, the "registered owner") the aggregate principal amount of $5,000,000 (FIVE MILLION DOLLARS) in annual installments of principal due and payable on February 15 in each of the years, and in the respective principal amounts, as set forth in the following schedule, and to pay interest, from the date of this Bond hereinafter stated, on the balance of each such installment of principal, respectively, from time to time remaining unpaid, at the rates per annum as follows: PRINCIPAL INTEREST PRINCIPAL INTEREST YEAR AMOUNT RATE % YEAR AMOUNT RATE!% 2006 $ 95,000 2016 $250,000 2007 165,000 2017 260,000 2008 170,000 2018 275,000 2009 180,000 2019 290,000 2010 190,000 2020 300,000 2011 195,000 2021 315,000 2012 205,000 2022 330,000 2013 215,000 2023 350,000 2014 225,000 2024 365,000 2015 240,000 2025 385,000 Interest shall first be due and payable on February 15, 2006, and semiannually on each February 15 and August 15 thereafter while this Bond or any portion hereof is outstanding and unpaid. Said interest shall be calculated on the basis of a 360-day year composed of twelve 30-day months. THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The installments of principal and the interest on this Bond are payable to the registered owner hereof through the services of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, DALLAS, TEXAS, which is the "Paying Agent/Registrar" for this Bond. Payment of all principal of and interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each principal and/or interest payment date by check, dated as of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Bond (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such principal and/or interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the last day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. The Issuer covenants with the registered owner of this Bond that on or before each principal and/or interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on this Bond, when due. 3 I IN THE EVENT of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled p ayment date of the past due interest ("Special Payment Date", which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of a Bond appearing on the registration books of the Paying Agent/Registrar at the close of business on the 15th business day next preceding the date of mailing of such notice. IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND has been authorized in accordance with the Constitution and laws of the State of Texas FOR THE PURPOSE OF THE ACQUISITION OF PROPERTY AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES IN SAID CITY, TO-WIT: SENIOR CENTER AND LIBRARY IMPROVEMENTS, STREET IMPROVEMENTS AND PARK IMPROVEMENTS. ON FEBRUARY 15, 2015, or on any date whatsoever thereafter, the unpaid installments of principal of this Bond may be prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, with funds derived from any available source, as a whole, or in part, and, if in part, the particular portion of this Bond to be prepaid or redeemed shall be selected and designated by the Issuer (provided that a portion of this Bond may be redeemed only in an integral multiple of $5,000), at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption. AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner hereof. By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required prepayment or redemption price for this Bond or the portion hereof which is to be so prepaid or redeemed, plus accrued interest thereon to the date fixed for prepayment or redemption. If such written notice of prepayment or redemption is given, and if due provision for such payment is made, all as provided above, this Bond, or the portion thereof which is to be so prepaid or redeemed, thereby automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest after the date fixed for its prepayment or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued interest to the date fixed for prepayment or redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Bond or any portion hereof. THIS BOND, to the extent of the unpaid or unredeemed principal balance hereof, or any unpaid and unredeemed portion hereof in any integral multiple of $5,000, may be assignedby the initial registered owner hereof and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinance. Among other requirements for such transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar for cancellation, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment 4 by the initial registered owner of this Bond, or any portion or portions hereof in any integral multiple of $5,000, to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. Any instrument or instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any such portion or portions hereof by the initial registered owner hereof. A new bond or bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds) or to the initial registered owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, shall be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond or any portion or portions hereof, but solely in the form and manner as provided in the next paragraph hereof for the conversion and exchange of this Bond or any portion hereof The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. AS PROVIDED above and in the Bond Ordinance, this Bond, to the extent of the unpaid or unredeemed principal balance hereof, may be converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the assignee or assignees duly designated in writing by the initial registered owner hereof, or to the initial registered owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, in any denomination or denominations in any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute bond issued in exchange for any portion of this Bond shall have a single stated principal maturity date), upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. If this Bond or any portion hereof is assigned and transferred or converted each bond issued in exchange for any portion hereof shall have a single stated principal maturity date corresponding to the due date of the installment of principal of this Bond or portion hereof for which the substitute bond is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or portion thereof. Such bonds, respectively, shall be subject to redemption prior to maturity on the same dates and for the same prices as the corresponding installment of principal of this Bond or portion hereof for which they are being exchanged. No such bond shall be payable in installments, but shall have only one stated principal maturity date. AS PROVIDED IN THE BOND ORDINANCE, THIS BOND IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the bonds issued and delivered in exchange for this Bond or any portion hereof may be assigned and transferred, and converted, subsequently, as provided in the Bond Ordinance. The Issuer shall pay the Paying Agent/Registrafs standard or customary fees and charges for transferring, converting, and exchanging this Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make any such assignment, conversion, or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for prepayment or redemption prior to maturity, within 45 days prior to its prepayment or redemption date. IN THE EVENT any Paying Agent/Registrar for this Bond is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of this Bond. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly voted, authorized, issued, sold, and delivered; that all acts, conditions, and things required orproper to be performed, 5 exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed, and been done in accordance with law; that this Bond is a general obligation of the Issuer, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged irrevocably for such payment, within the limit prescribed by law. BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between the registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimile signature of the Mayor of the Issuer and countersigned and attested with the manual or facsimile signature of the City Secretary of the Issuer, has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Bond and has caused this Bond to be dated May 15, 2005. ATTEST: CITY OF DENTON, TEXAS By: By: Jennifer Walters Euline Brock City Secretary, City of Denton, Texas Mayor, City of Denton, Texas (CITY SEAL) (INSERT BOND INSURANCE LEGEND, IF ANY) 6 i FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS: (To be attached to Initial Bond only) COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) Section 6. ADDITIONAL CHARACTERISTICS OF THE BONDS. (a) Registration and Transfer. The Issuer shall keep or cause to be kept at the principal corporate trust office of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, DALLAS, TEXAS (the "Paying Agent/Registrar") books or records of the registration and transfer of the Bonds (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and registrations under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/R4strar shall make such transfers and registrations as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Bond may be transferred in the Registration Books only upon presentation and surrender of such Bond to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, (i) evidencing the assignment of the Bond, or any portion thereof in any integral multiple of $5,000, to the assignee or assignees thereof, and (ii) the right of such assignee or assignees to have the Bond or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any Bond or any portion thereof, a new substitute Bond or Bonds shall be issued in conversion and exchange therefor in the manner herein provided. The Initial Bond, to the extent of the unpaid or unredeemed principal balance thereof, may be assigned and transferred by the initial registered owner thereof once only, and to one or more assignees designated in writing by the initial registered owner thereof. All Bonds issued and de- livered in conversion of and exchange for the Initial Bond shall be in any denomination or denominations of any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated principal maturity date), shall be in the form prescribed in the FORM OF SUBSTITUTE BOND set forth in this Ordinance, and shall have the characteristics, and may be assigned, transferred, and converted as hereinafter provided. If the Initial Bond or any portion thereof is assigned and transferred or converted the Initial Bond must be surrendered to the Paying Agent/Registrar for cancellation, and each Bond issued in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable in installments; and each such Bond shall have a principal maturity date corresponding 7 to the due date of the installment of principal or portion thereof for which the substitute Bond is being ex- changed; and each such Bond shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If only a portion of the Initial Bond is assigned and transferred, there shall be delivered to and registered in the name of the initial registered owner substitute Bonds in exchange for the unassigned balance of the Initial Bond in the same manner as if the initial registered owner were the assignee thereof. If any Bond or portion thereof other than the Initial Bond is assigned and transferred or converted each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is exchanged. A form of assignment shall be printed or endorsed on each Bond, excepting the Initial Bond, which shall be executed by the registered owner or its duly authorized attorney or representative to evidence an assignment thereof. Upon surrender of any Bonds or any portion or portions thereof for transfer of registration, an authorized representative of the Paying Agent/Registrar shall make such transfer in the Registration Books, and shall deliver a new fully registered substitute Bond or Bonds, having the characteristics herein described, payable to such assignee or assignees (which then will be the registered owner or owners of such new Bond or Bonds), or to the previous registered owner in case only a portion of a Bond is being assigned and transferred, all in conversion of and exchange for said assigned Bond or Bonds or any portion or portions thereof, in the same form and manner, and with the same effect, as provided in Section 6(d), below, for the conversion and exchange of Bonds by any registered owner of a Bond. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer and delivery of a substitute Bond or Bonds, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of any Bond or any portion thereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (b) Ownership of Bonds. The entity in whose name any Bond shall be registered in the Registration Books at any time shall be deemed and treated as the absolute owner thereof for all purposes of this Ordinance, whether or not such Bond shall be overdue, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary, and payment of, or on account of, the principal of, premium, if any, and interest on any such Bond shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (c) Payment of Bonds and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bonds, and to act as its agent to convert and exchange or replace Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Bonds, and of all conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interestpayment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest ("Special Payment Date", which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of a Bond appearing on the registration books of the Paying Agent/Registrar at the close of business on the 15th business day next preceding the date of mailing of such notice. 8 (d) Conversion and Exchange or Replacement', Authentication. Each Bond issued and delivered pursuant to this Ordinance, to the extent of the unpaid or unredeemed principal balance or principal amount thereof, may, upon surrender of such Bond at the principal corporate trust office of the Paying Agent/Registrar, together with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option of the registered owner or such assignee or assignees, as appropriate, be converted into and exchanged for fully registered bonds, without interest coupons, in the form prescribed in the FORM OF SUBSTITUTE BOND set forth in this Ordinance, in the denomination of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unpaid or unre- deemed principal balance or principal amount of any Bond or Bonds so surrendered, and payable to,the appropriate registered owner, assignee, or assignees, as the case may be. If the Initial Bond is assigned and transferred or converted each substitute Bond issued in exchange for any portion ofthe Initial Bond shall have a single stated principal maturity date, and shall not be payable in installments; and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged; and each such Bond shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If a portion of any Bond (other than the Initial Bond) shall be redeemed prior to its scheduled maturity as provided herein, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in the denomination or denominations of any integral multiple of $5,000 at the request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon surrender thereof for cancellation. If any Bond or portion thereof (other than the Initial Bond) is assigned and transferred or converted, each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is being exchanged. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. The Paying Agent/Registrar shall convert and exchange or replace Bonds as provided herein, and each fully registered bond delivered in conversion of and exchange for or replacement of any Bond or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of the Bonds for all purposes of this Ordinance, and may again be converted and exchanged or replaced. It is specifically provided that any Bond authenticated in conversion of and exchange for or replacement of another Bond on or prior to the first scheduled Record Date for the Initial Bond shall bear interest from the date of the Initial Bond, but each substitute Bond so authenticated after such first scheduled Record Date shall bear interest from the interest payment date next preceding the date on which such substitute Bond was so authenticated, unless such Bond is authenticated after any Record Date but on or before the next following interest payment date, in which case it shall bear interest from such next following interest payment date; provided, however, that if at the time of delivery of any substitute Bond the interest on the Bond for which it is being exchanged is due but has not been paid, then such Bond shall bear interest from the date to which such interest has been paid in full. THE INITIAL BOND issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond issued in conversion of and exchange for or replacement of any Bond or Bonds issued under this Ordinance there shall be printed a bond, in the form substantially as follows: "PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in this Bond; and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. 9 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, DALLAS, TEXAS, Paying Agent/Registrar Dated By Authorized Representative" An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign the above Bond, and no such Bond shall be deemed to be issued or outstanding unless such Bond is so executed. The Paying Agent/Registrar promptly shall cancel all Bonds surrendered for conversion and exchange or replacement. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange or replacement of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Bonds in the manner prescribed herein, and said Bonds shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Chapter 1201, Texas Government Code, the duty of conversion and exchange or replacement of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registraes Authentication Certificate, the converted and exchanged or replaced Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Initial Bond which originally was issued pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Bond or any portion thereof, but the one requesting any such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange or replacement of B onds or any portion thereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (e) In General. All Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Bonds to be payable only to the registered owners thereof, (ii) may be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be converted and exchanged for other Bonds, (v) shall have the.characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest on the Bonds shall be payable, all as provided, and in the manner required or indicated, in the FORM OF SUBSTITUTE BOND set forth in this Ordinance. (f) Payment of Fees and Charges. The Issuer hereby covenants with the registered owners of the Bonds that it will (i) pay the standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Bonds, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services with respect to the transfer of registration of Bonds, and with respect to the conversion and exchange of Bonds solely to the extent above provided in this Ordinance. (g) Substitute Paying _Agent/Registrar. The Issuer covenants with the registered owners ofthe Bonds that at all times while the Bonds are outstanding the Issuer will provide a competent and legally qualified bank, trust company, fmancial institution, or other agency to act as and perform the services of Paying 10 Agent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that it will promptly appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar shall promptly transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Bonds, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provi- sions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Section 7. FORM OF SUBSTITUTE BONDS. The form of all Bonds issued in conversion and exchange orreplacement of any other Bond or portion thereof, including the form ofPaying Agent/Registrar's Bond to be printed on each of such Bonds, and the Form of Assignment to be printed on each of the Bonds, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. FORM OF SUBSTITUTE BOND (Book-Entry Only Legend, if appropriate) NO. UNITED STATES OF AMERICA PRINCIPAL AMOUNT STATE OF TEXAS $ COUNTY OF DENTON CITY OF DENTON GENERAL OBLIGATION BOND SERIES 2005 INTEREST RATE MATURITY DATE DATED DATE CUSIP NO. ON THE MATURITY DATE specified above the CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to , or to the registered assignee hereof (either being hereinafter called the "registered owner") the principal amount of and to pay interest thereon, calculated on the basis of a 360-day year composed of twelve 30-day months, from May 15, 2005, to the maturity date specified above, or the date of redemption prior to maturity, at the interest rate per annum specified above; with interest being first due and payable on February 15, 2006, and semiannually on each August 15 and February 15 thereafter, except that if the date of authentication of this 11 Bond is later than the first Record Date (hereinafter defined), such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date (hereinafter defined) but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date. THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, DALLAS, TEXAS, which is the "Paying Agent/Registrar" for this Bond. The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of the Bonds (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the last day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. However, the payment of such interest may be made by any other method acceptable to the Paying Agcnt/Registrar and requested by, and at the risk and expense of, the registered owner hereof. Any accrued interest due upon the redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner at the principal corporate trust office of the Paying Agent/Regis- trar upon presentation and surrender of this Bond for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that on orbefore each principal payment date, interest payment date, and accrued interestpayment date for this Bond it will make available to the Paying Agent/ Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due. IN THE EVENT of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date ofthe past due interest ("Special Payment Date", which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of a Bond appearing on the registration books of the Paying Agent/Registrar at the close of business on the 15th business day next preceding the date of mailing of such notice. IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THI S BOND is one of an issue of Bonds initially dated May 15, 2005, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $5,000,000, FOR THE PURPO SE OF THE ACQUISITION OF PROPERTY AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES 12 IN SAID CITY, TO-WIT: SENIOR CENTER AND LIBRARY IMPROVEMENTS, STREET IMPROVEMENTS AND PARK IMPROVEMENTS. ON FEBRUARY 15, 2015, or on any date whatsoever thereafter, the Bonds of this Series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, the particular Bonds, or portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion of a Bond may be redeemed only in an integral multiple of $5,000), at the redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for redemption. AT LEAST 30 days prior to the date fixed for any redemption of Bonds or portions thereof prior to maturity a written notice of such redemption shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, to the registered owner of each Bond to be redeemed at its address as it appeared on the 45th day prior to such redemption date; provided, however, that the failure to send, mail, or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Bond. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Bonds or portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such written notice of redemption is given and if due provision for such payment is made, all as provided above, the Bonds or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest from the Paying Agent/ Registrar out of the funds provided for such payment. If a portion of any Bond shall be redeemed a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Bond Ordinance. THIS BOND OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE OF $5,000 may be assigned and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Bond shall be executed by the registered owner or its duly authorized attorney or representative, to evidence the assignment hereof. A new Bond or Bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds), or to the previous registered owner in the case of the assignment and transfer of only a portion of this Bond, may be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond, all in the form and manner as provided in the next paragraph hereof for the conversion and exchange of other Bonds. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of this Bond or any portion hereof (i) during the period commencing with the close ofbusiness on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for 13 redemption prior to maturity, within 45 days prior to its redemption date. The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond Ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or assignees hereof, be converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. The Issuer shall pay the Paying Agent/ Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and will promptly cause written notice thereof to be mailed to the registered owners of the Bonds. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly voted, authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed, and been done in accordance with law; that this Bond is a general obligation of the Issuer, issued on the fall faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged irrevocably for such payment, within the limit prescribed by law. BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimile signature of the Mayor of the Issuer and countersigned and attested with the manual or facsimile signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Bond. 14 ATTEST: CITY OF DENTON, TEXAS By: By: Jennifer Walters Euline Brock City Secretary, City of Denton, Texas Mayor, City of Denton, Texas (CITY SEAL) FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE (To be executed if this Bond is not accompanied by an executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas) It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in this Bond; and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, DALLAS, TEXAS, Paying Agent/Registrar Dated By Authorized Representative (INSERT BOND INSURANCE LEGEND, IF ANY) FORM OF ASSIGNMENT: ASSIGNMENT FOR VALUE RECEIVED, the undersigned registered owner of this Bond, or duly authorized representative or attorney thereof, hereby assigns this Bond to 1 I (Assignee's Social (print or typewrite Assignee's name and Security or Taxpayer address, including zip code) Identification Number) and hereby irrevocably constitutes and appoints attorney to transfer the registration of this Bond on the Paying Agent/Registrar's Registration Books with full power of substitution in the premises. Dated: 15 Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by Registered Owner an eligible guarantorinstitution participating in NOTICE: This signature must correspond with a securities transfer association recognized the name ofthe Registered Owner appearing on signature guarantee program. the face of this Certificate in every particular without alteration or enlargement or any change whatsoever. Section 8. TAX LEVY. A special Interest and Sinking Fund (the "Interest and Sinking Fund") is hereby created solely for the benefit of the Bonds, and the Interest and Sinking Fund shall be established and maintained by the Issuer at an official depository bank of the Issuer. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the Issuer, and shall be used only for paying the interest on and principal of the Bonds. All ad valorem taxes levied and collected for and on account of the Bonds, together with any premium and accrued interest received upon sale of the Bonds, shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Bonds or interest thereon are outstanding and unpaid, the governing body of the Issuer shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Bonds as such interest becomes due, and to provide and maintain a sinking fund adequate to pay the principal of its Bonds as such principal matures (but never less than 2% of the original principal amount of the Bonds as a sinking fund each year). Said tax shall be based on the latest approved tax rolls of the Issuer, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the Issuer for each year while any of the Bonds or interest thereon are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Bonds, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. Section 9. DEFEASANCE OF BONDS. (a) Any Bond and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a "Defeased Bond") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section 9, when payment of the principal of such Bond, plus interest thereon to the due date (whether such due date be by reason of maturity, upon redemption, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof (including the giving of any required notice of redemption), or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Government Obligations which mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Bonds shall have become due and payable. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Government Obligations. 16 (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the issuer also be invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from such Government Obligations received by the Paying Agent/Registrar which is not required for the payment of the Bonds and interest thereon, with respect to which such money has been so deposited, shall be turned over to the issuer, or deposited as directed in writing by the Issuer. (c) The term "Government Obligations" as used in this Section shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, which may be in book-entry form. (d) Until all Defeased Bonds shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bonds the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance. Section 10. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS. (a) Replacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new bond of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond in the manner hereinafter provided. (b) Application for Replacement Bonds. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Bond, the registered owner applying for a replacement bond shall famish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Bond, the registered owner shall furnish to the Issuer and the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case may be. In every case of damage or mutilation of a Bond, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Bond so damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event of any such Bond shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemption premium, if any, or interest on the Bond, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Replacement Bonds. Prior to the issuance of any replacement bond, the Paying Agent/Registrar shall charge the registered owner of such Bond with all legal, printing, and other expenses in connection therewith. Every replacement bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Bonds duly issued under this Ordinance. (e) Authori for Issuing Replacement Bonds. In accordance with Chapter 1201, Texas Government Code, this Section of this Ordinance shall constitute authority for the issuance of any such replacement bond without necessity of further action by the governing body of the Issuer or any other body 17 or person, and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form and manner and with the effect, as provided in Section 6(d) of this Ordinance for Bonds issued in conversion and exchange for other Bonds. Section 11. COVENANTS REGARDING TAX-EXEMPTION. The Issuer covenants to refrain from taking any action which would adversely affect, or to take such action to assure, the treatment of the Bonds as obligations described in section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows: (a) to take any action to assure that no more than 10 percent of the proceeds of the Bonds or the projects financed therewith (less amounts deposited to a reserve fund, if any) are used for any "private business use", as defined in section 141(b)(6) of the Code, or if more than 10 percent of the proceeds or the projects financed therewith are so used, such amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Bonds, in contravention of section 141(b)(2) of the Code; (b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds five percent of the proceeds of the Bonds or the projects financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of five percent is used for a "private business use" which is "related" and not "disproportionate", within the meaning of section 141(b)(3) of the Code, to the governmental use; (c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or five percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) is, directly or indirectly, used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (d) to refrain from taking any action which would otherwise result in the Bonds being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (e) to refrain from taking any action that would result in the Bonds being "federally guaranteed" within the meaning of section 149(b) of the Code; (f) to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Bonds, other than investment property acquired with (1) proceeds of the Bonds invested for a reasonable temporary period of 3 years or less, or in the case of a refunding bonds, for a period of 30 days or less until such proceeds are needed for the purpose for which the Bonds are issued, (2) amounts invested in a bona fide debt service fund, within the meaning of section 1.148-1(b) of the Treasury Regulations, and 18 (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the stated principal amount (or, in the case of a discount, the issue price) of the Bonds; (g) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage), section 149(g) of the Code (relating to hedge bonds), and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); and (h) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent of the "Excess Earnings", within the meaning of section 148(f) of the Code and to pay to the United States of America, not later that 60 days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code. For purposes of the foregoing (a) and (b), the Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the Bonds. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U. S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereaftcrpromulgated whichmodify, or expand provisions of the Code, as applicable to the Bonds, the Issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally-recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Bonds, the Issuer agrees to comply with the additional requirements to the extent necessary and reasonably possible, in the opinion of nationally-recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In furtherance of such intention, the Issuer hereby authorizes and directs the Mayor to execute any documents, certificates or reports required by the Code and to make such elections, on behalf of the Issuer, which may be permitted by the Code as are consistent with the purpose for the issuance of the Bonds. The Issuer covenants to comply with the covenants in this section after defeasance of the Bonds. In order to facilitate compliance with the above covenant (h), a "Rebate Fund" is hereby established by the Issuer for the sole benefit of the United States of America, and such fund shall not be subject to the claim of any other person, including without limitation, the bondholders. The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code. Section 12. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE PROJECT. The Issuer covenants to account for the expenditure of sale proceeds and investment earnings to be used for the purposes described in Section I of this Ordinance (the "Project") on its books and records in accordance with the requirements of the Internal Revenue Code. The Issuer recognizes that in order for the proceeds to be considered used for the reimbursement of costs, the proceeds must be allocated to expenditures within 18 months of the later of the date that (1) the expenditure is made, or (2) the Project is completed; but in no event later than three years after the date on which the original expenditure is paid. The foregoing notwithstanding, the Issuer recognizes that in order for proceeds to be expended under the Internal Revenue Code, the sale proceeds or investment earnings must be expended no more than 60 days after the later of (1) the fifth anniversary of the delivery of the Bonds, or (2) the date the Bonds are retired. The Issuer agrees to obtain 19 the advice of nationally-recognized bond counsel if such expenditure fails to comply with the foregoing to assure that such expenditure will not adversely affect the tax-exempt status of the Bonds. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 13. DISPOSITION OF PROJECT. The Issuer covenants that the property constituting the Project will not be sold or otherwise disposed in a transaction resulting in the receipt by the Issuer of cash or other compensation, unless the Issuer obtains an opinion of nationally-recognized bond counsel that such sale or other disposition will not adversely affect the tax-exempt status of the Bonds. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains a legal opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 14. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSEL'S OPINION, CUSIP NUMBERS, PREAMBLE AND INSURANCE. The Mayor of the Issuer is hereby authorized to have control of the Initial Bond issued hereunder and all necessary records and proceedings pertaining to the Initial Bond pending its delivery and its investigation, examination, and approval by the Attorney General of the State of Texas, and its registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Initial Bond said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate on the Initial Bond, and the seal of said Comptroller shall be impressed, or placed in facsimile, on the Initial Bond. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Initial Bond or on any Bonds issued and delivered in conversion of and exchange or replacement of any Bond, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Bonds. The preamble to this Ordinance is hereby adopted and made a part hereof for all purposes. If insurance is obtained on any of the Bonds, the Initial Bond and all other Bonds shall bear an appropriate legend concerning insurance as provided by the insurer. Section 15. SALE OF INITIAL CERTIFICATE; BOND INSURANCE. (a) The Initial Bond is hereby sold and shall be delivered to , as underwriter, in accordance with the Purchase Contract dated the date of this meeting and presented to the City Council of the City at this meeting. The City Council hereby finds that the terms of the Purchase Contract are the most advantageous terms for the City that are reasonably available. The Mayor of the Issuer is authorized and directed to execute, on behalf of the Issuer, said Purchase Contract in the form and substance submitted at this meeting. (b) Pursuant to the conditions of issuance and other requirements of (the "Insurer" or " the issuer of the (the "Policy") relating to the Bonds, to the extent permitted by law, the provisions ofthe "PAYMENTS UNDER THE POLICYIOTHERREQUIRED PROVISIONS" as attached hereto as Exhibit B are approved and incorporated herein for all purposes. Defined terms words and phrases used therein, to the extent not defined therein, shall have the following meanings: "Business Day" shall mean a day other than a Saturday or Sunday on which (a) banks located in Dallas, Texas or in New York, New York are not required or authorized by law or executive order to close for business and (b) The New York Stock Exchange is not closed. "Obligations" shall mean Bonds. 20 "Paying Agent/Trustee" shall mean Paying Agent/Registrar. "Bondholder" or "Holder" shall mean the registered owners of the Bonds. "Indenture" shall mean this Ordinance. "Annual Budget" shall mean the annual budget prepared by the Issuer. Section 16. OFFICIAL STATEMENT. An Official Statement dated as ofthe date ofthis meeting has been prepared in connection with the sale of the Initial Bond and the Bonds, in the form and substance submitted at this meeting. Said Official Statement and any supplement or addenda thereto have been and are hereby approved, and their use in the offer and sale of the Bonds is hereby approved. It is further officially found, determined, and declared that the statements and representations contained in said Official Statement are true and correct in all material respects, to the best knowledge and belief of the Issuer. The distribution and use of the Preliminary Official Statement dated May , 2005, prior to the date hereof is hereby ratified and approved. Section 17. INTEREST EARNINGS ON BOND PROCEEDS. Interest earnings derived from the investment of proceeds from the sale of the Initial Bond shall be used along with other bond proceeds for the acquisition and construction of the improvements for which the Bonds are issued; provided that after completion of such improvements, if any of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided, however, that any interest earnings on bond proceeds which are required to be rebated to the United States of America pursuant to Section 11 hereof in order to prevent the Bonds from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this Section. Section 18. DTC REGISTRATION. The Bonds initially shall be issued and delivered in such manner that no physical distribution of the Bonds will be made to the public, and The Depository Trust Company ("DTC"), New York, New York, initially will act as depository for the Bonds. DTC has represented that it is a limited purpose trust company incorporated under the laws of the State of New York, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered under Section 17A of the federal Securities Exchange Act of 1934, as amended, and the Issuer accepts, but in no way verifies, such representations. The Initial Bond authorized by this Ordinance shall be delivered to and registered in the name of the Purchaser. However, it is a condition of delivery and sale that the Purchaser, immediately after such delivery, shall cause the Paying Agent/Registrar, as provided for in this Ordinance, to cancel said Initial Bond and deliver in exchange therefor a substitute Bond for each maturity of such Initial Bond, with each such substitute Bond to be registered in the name of CEDE & CO., the nominee of DTC, and it shall be the duty of the Paying Agent/Registrar to take such action. It is expected that DTC will hold the Bonds on behalf of the Purchaser and/or The DTC Participants, as defined and described in the Official Statement referred to and approved in Section 15 hereof (the "DTC Participants"). So long as each Bond is registered in the name of CEDE & CO., the Paying Agent/Registrar shall treat and deal with DTC in all respects the same as if it were the actual and beneficial owner thereof. It is expected that DTC will maintain a book entry system which will identify beneficial ownership of the Bonds by DTC Participants in integral amounts of $5,000, with transfers of ownership being effected on the records of DTC and the DTC Participants pursuant to rules and regulations established by them, and that the substitute Bonds initially deposited with DTC shall be immobilized and not be further exchanged for substitute Bonds except as hereinafter provided. The Issuer is not responsible or liable for any functions of DTC, will not be responsible for paying any fees or charges with respect to its services, will not be responsible or liable for maintaining, supervising, or reviewing the records of DTC or 21 the DTC Participants, or protecting any interests or rights of the beneficial owners of the Bonds. It shall be the duty of the Purchaser and the DTC Participants to make all arrangements with DTC to establish this book- entry system, the beneficial ownership of the Bonds, and the method of paying the fees and charges of DTC. The Issuer does not represent, nor does it in any way covenant that the initial book-entry system established with DTC will be maintained in the future. The Issuer reserves the right and option at any time in the future, in its sole discretion, to terminate the DTC (CEDE & CO.) book-entry only registration requirement described above, and to permit the Bonds to be registered in the name of any owner. If the Issuer exercises its right and option to terminate such requirement, it shall give written notice of such termination to the Paying Agent/ Registrar and to DTC, and thereafter the Paying Agent/Registrar shall, upon presentation and proper request, register any Bond in any name as provided for in this Ordinance. Notwithstanding the initial establishment of the foregoing book-entry system with DTC, if for any reason any of the originally delivered substitute Bonds is duty filed with the Paying Agent/Registrar with proper request for transfer and substitution, as provided for in this Ordinance, substitute Bonds will be duly delivered as provided in this Ordinance, and there will be no assurance or representation that any book-entry system will be maintained for such Bonds. Section 19. CONTINUING DISCLOSURE. (a) Annual Re orts. (i) The Issuer shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year ending in or after 2044, financial information and operating data with respect to the Issuer of the general type included in the final Official Statement authorized by Section 16 of this Ordinance, being the information described in Exhibit A hereto, which Exhibit is attached to and incorporated in this Ordinance as if written word for word herein. Any financial statements so to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit A hereto, or such other accounting principles as the Issuer may be required to employ from time to time pursuant to state law or regulation, and (2) audited, if the Issuer commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the Issuer shall provide unaudited financial statements by the required time and will provide audited financial statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such statements become available. (ii) If the Issuer changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (b) Material Event Notices. The Issuer shall notify any SID and either each NRM SIR or the MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 22 5. Substitution of credit or liquidity providers, or their failure to perform; b. Adverse tax opinions or events affecting the tax-exempt status of the Bonds; 7. Modifications to rights of holders of the Bonds; 8. Bond calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Bonds; and 11. Rating changes. The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the Issuer to provide financial information or operating data in accordance with subsection (a) of this Section by the time required by such subsection. (c) Limitations Disclaimers and Amendments. (i) The Issuer shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the Issuer in any event will give the notice required by Subsection (b) hereof of any Bond calls and defeasance that cause the Issuer to no longer be such an "obligated person". (ii) The provisions of this Section are for the sole benefit of the registered owners and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The Issuer does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. (iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER, ITS OFFICERS, AGENTS AND EMPLOYEES, BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (iv) No default by the Issuer in observing or performing its obligations under this Section shall comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer under federal and state securities laws. 23 (v) The provisions of this Section may be amended by the Issuer from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the registered owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as nationally recognized bond counsel) determined that such amendment will not materially impair the interest of the registered owners and beneficial owners of the Bonds. If the Issuer so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (a) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. The Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds. (d) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. Section 20. PROTECTION OF PLEDGE. Chapter 1208, Government Code, applies to the issuance of the Bonds and the pledge of the taxes granted by the Issuer under Section 8 of this Ordinance, and is therefore valid, effective, and perfected. If Texas law is amended at any time while the Bonds are outstanding and unpaid such that the pledge of the taxes granted by the Issuer under Section 8 of this Ordinance is to be subject to the filing requirements of Chapter 9, Texas Business & Commerce Code, then in order to preserve to the registered owners of the Bonds the perfection of the security interest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and necessary under Texas taw to comply with the applicable provisions of Chapter 9, Texas Business & Commerce Code and enable a filing to perfect the security interest in said pledge to occur. Section 21. FURTHER PROCEDURES. The Mayor of the Issuer, the City Secretary of the Issuer, and all other officers, employees, and agents of the Issuer, and each of them, shall be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver in the name and under the corporate seal and on 24 behalf of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the Bonds, the sale of the Bonds, and the Notice of Sale and Official Statement; and the Assistant City Manager/Fiscal and Municipal Services of the City shall cause the expenses of issuance of the Bonds to be paid from the proceeds of sale of the Initial Bond or from any other lawfully available funds of the Issuer. In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. Section 22. OPEN MEETINGS. The City Council has found and determined that the meeting at which this Ordinance is considered is open to the public and that notice thereof was given in accordance with the provisions of the Texas Open Meetings, Law, Tex. Gov't. Code, Chapter 551, as amended. Section 23. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its passage and approval. 25 PASSED AND APPROVED this the 24th day of May, 2005. Euline Brock, Mayor ATTEST: Jennifer Walters, City Secretary By: APPROVED AS TO LEGAL FORM: Edwin M. Sny , Interim Ci ' Attorney By: 26 EXHIBIT A DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 19 of this Ordinance: Annual Financial Statements and Operating Data The financial information and operating data with respect to the issuer to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the tables of the Official Statement referred to) below: Tables numbered 1 through 15, inclusive, under the captions "Tax Information", "Debt Service Requirements" and "Financial Information" in the Official Statement. Appendix B in the Official Statement. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to in the paragraph above. EXHIBIT B PAYMENTS UNDER THE POLICY/OTHER REQUIRED PROVISIONS AGENDA INFORMATION SHEET AGENDA DATE: May 24, 2005 DEPARTMENT: Fiscal Operations ACM: Kathy DuBose SUBJECT Consider adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Utility System Revenue Refunding Bonds, Series 2005, and approving and authorizing instruments and procedures relating thereto; and providing an effective date. BACKGROUND On May 24, 2005, David Medanich of First Southwest Company, the City's Financial Advisor, and Ted Brizzolara III of McCall, Parkhurst and Horton, the City's Bond Counsel, will present the underwriting company of the City of Denton Utility System Revenue Refunding Bonds, Series 2005. The $46 million (plus cost of issuance) will be used to refund a portion of the City's outstanding Utility System Revenue Bonds for the purpose of lowering the debt service requirements associated with the System debt, and pay the cost of issuance of the Bonds. This refunding (refinancing at a lower interest rate) will save approximately $4.5 million over the life of the bonds. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The projects related to the bonds were approved and funded in previous capital budgets and bond issues, respectively. FISCAL INFORMATION This refunding will save the City approximately $4.5 million in debt service over the life of the bonds equating to 4.4% present value savings. Respectfully submitted: 44L~ A " G. Ortiz Director of Fiscal Operations ORDINANCE NO. 2005- ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIES 2005, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the City of Denton, Texas, heretofore has duly issued the following revenue bonds: City of Denton Utility System Revenue Refunding Bonds, Taxable Series 1993-B, dated June 1, 1993; City of Denton Utility System Revenue Bonds, Series 1996, dated May 1, 1996; City of Denton Utility System Revenue Refunding Bonds, Series 1996-A, dated May 1, 1996; City of Denton Utility System Revenue Bonds, Series 1998, dated March 15, 1998; City of Denton Utility System Revenue Refunding Bonds, Series 1998A, dated July 15, 1998; City of Denton Utility System Revenue Refunding Bonds, Series 1998B, dated August 1, 1998; City of Denton Utility System Revenue Bonds, Series 2000A, dated April 15, 2000; City of Denton Utility System Revenue Bonds, Taxable Series 2000B, dated April 15, 2000; City of Denton Utility System Revenue Refunding and Improvement Bonds, Series 2001, dated April 15, 2001; City of Denton Utility System Revenue Bonds, Series 2002A, dated April 1, 2002; City of Denton Utility System Revenue Bonds, Taxable Series 2002B, dated April 1, 2002; City of Denton Utility System Revenue Refunding and Improvement Bonds, Series 2003, dated April 1, 2003; and City of Denton Utility System Revenue Refunding Bonds, Series 2004, dated September 1, 2004; WHEREAS, the City Council of the City of Denton deems it necessary and advisable to refund the City's outstanding revenue bonds described in Schedule I hereto (the "Refunded Bonds"); and WHEREAS, the City Council of the City deems it necessary and advisable to authorize, issue, and deliver the additional Utility System Revenue Bonds hereinafter described to refund the Refunded Bonds; and WHEREAS, the Series 2005 Bonds hereinafter authorized and described are to be issued, sold and delivered pursuant to Chapters 1207, Texas Government Code, the City's Home Rule Charter, and other applicable laws, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. AMOUNT AND PURPOSE OF THE BONDS. The bond or bonds of the City of Denton, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of $46,665,000, for the purpose of (a) refunding the Refunded Bonds in order to lower the overall debt service requirements of the City's Combined Waterworks, Sewer and Electric Light and Power System (the "System") and (b) paying costs of issuance associated with the sale of such bonds, and such bonds shall be designated "City of Denton Utility System Revenue Refunding Bonds, Series 2005" (the "Bonds"). Section 2. DESCRIPTION OF THE BONDS. (a) With respect to the Series 2005 Bonds, initially there shall be issued, sold, and delivered hereunder a single fully registered bond, without interest coupons, payable in installments of principal (the "Initial Series 2005 Bond"), but the Initial Series 2005 Bond may be assigned and transferred and/or converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, having serial maturities, and in the denomination or denominations of $5,000 or any integral multiple of $5,000, all in the manner hereinafter provided. The term "Series 2005 Bonds" as used in this Ordinance shall mean and include collectively the Initial Series 2005 Bond and all substitute bonds exchanged therefor, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and the term "Series 2005 Bond" shall mean any of the Series 2005 Bonds. (b) The term "Initial Bond" as used in this Ordinance shall mean and include collectively the Initial Series 2005 Bond, the term "Bonds" as used in this Ordinance shall mean and include collectively the Initial Bond and all substitute bonds exchanged therefor, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and the term "Bond" shall mean any of the Bonds. Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURITIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL BOND. (a) The Initial Series 2005 Bond is hereby authorized to be issued, sold, and delivered hereunder as a single fully registered Bond, without interest coupons, dated May 15, 2005, in the denomination and aggregate principal amount of $46,665,000 numbered R-1, payable in annual installments of principal to the initial registered owner thereof, to-wit: or to the registered assignee or assignees of said Bond or any portion or portions thereof (in each case, the "registered owner"), with the annual installments of principal of the Initial Series 2005 Bond to be payable on the dates, respectively, and in the principal amounts, respectively, stated in the FORM OF INITIAL BOND set forth in this Ordinance. (b) The Initial Series 2005 Bond (i) may and shall be prepaid or redeemed prior to the respective scheduled due dates of installments of principal thereof, (ii) may be assigned and transferred, (iii) may be converted and exchanged for other Bonds, (iv) shall have the characteristics, and (v) shall be signed and sealed, and the principal of and interest on the Initial Series 2005 Bond shall be payable, all as provided, and in the manner required or indicated, in the FORM OF INITIAL SERIES 2005 BOND set forth in this Ordinance. 2 Section 4. INTEREST. The unpaid principal balance of the Initial Series 2005 Bond shall bear interest from the date of each Initial Series 2005 Bond to the respective scheduled due dates, or to the respective dates ofprepayment or redemption, ofthe installments of principal of the Initial Series 2005 Bond, and said interest shall be payable, all in the manner provided and at the rates and on the dates stated in the FORM OF INITIAL SERIES 2005 BOND set forth in this Ordinance. Section 5. FORM OF INITIAL SERIES 2005 BOND. The form of the Initial Series 2005 Bond, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be endorsed on the Initial Series 2005 Bond, shall be substantially as follows: FORM OF INITIAL SERIES 2005 BOND NO. R-1 $46,665,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDING BOND SERIES 2005 THE CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to or to the registered assignee or assignees of this Bond or any portion or portions hereof (in each case, the "registered owner") the aggregate principal amount of $46,665,000 (FORTY SIX MILLION SIX HUNDRED SIXTY FIVE THOUSAND DOLLARS) in annual installments of principal due and payable on December 1 in each of the years, and in the respective principal amounts, as set forth in the following schedule, and to pay interest, from the date of this Bond hereinafter stated, on the balance of each such installment of principal, respectively, from time to time remaining unpaid, at the rates as follows: 3 PRINCIPAL INTEREST PRINCIPAL INTEREST YEAR AMOUNT RATE(% YEAR AMOUNT RATE(°/a) 2005 $ 75,000 2014 $5,905,000 2006 80,000 2015 5,760,000 2007 80,000 2016 6,050,000 2008 85,000 2017 6,355,000 2009 85,000 2018 6,325,000 2010 90,000 2019 5,075,000 2011 1,840,000 2020 980,000 2012 1,920,000 2021 1,040,000 2013 4,920,000 Interest shall first be due and payable on December 1, 2005, and semiannually on each June I and December I thereafter while this Bond or any portion hereof is outstanding and unpaid. Said interest shall be calculated on the basis of a 360-day year composed of twelve 30-day months. THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The installments of principal and the interest on this Bond are payable to the registered owner hereof through the services of the Dallas, Texas corporate trust office of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, which is the "Paying Agent/Registrar" for this Bond. Payment of all principal of and interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each principal and/or interest payment date by check, dated as of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Bond (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such principal and/or interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared on the 15th day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agcnt/Registrar, as hereinafter described. The Issuer covenants with the registered owner of this Bond that on or before each principal and/or interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" maintained pursuant to the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on this Bond, when due. The provisions of Section 35(b) of the Bond Ordinance are hereby incorporated by reference. IN THE EVENT of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the. payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduledpayment date of the past due interest ("Special Payment Date", which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of a Bond appearing on the registration books of the Paying Agent/Registrar at the close of business on the 15th business day next preceding the date of mailing of such notice. IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are 4 authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND has been authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $46,665,000 for the purpose of (a) refunding the City's outstanding revenue bonds described in Schedule I to the Bond Ordinance (the "Refunded Bonds") in order to lower the overall debt service requirements of the City's Combined Waterworks, Sewer and Electric Light and Power System (the "System") and (b) paying costs of issuance associated with the sale of this Bond. ON DECEMBER 1, 2015, or on any date whatsoever thereafter, the unpaid installments of principal of this Bond may be prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, with funds derived from any available source, as a whole, or in part, and, if in part, the particular portion of this Bond to be prepaid or redeemed shall be selected and designated by the Issuer (provided that a portion of this Bond may be redeemed only in an integral multiple of $5,000), at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption. AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner hereof. By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required prepayment or redemption price for this Bond or the portion hereof which is to be so prepaid or redeemed, plus accrued interest thereon to the date fixed for prepayment or redemption. If such written notice of prepayment or redemption is given, and if due provision for such payment is made, all as provided above, this Bond, or the portion thereof which is to be so prepaid or redeemed, thereby automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest after the date fixed for its prepayment or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued interest to the date fixed for prepayment or redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Bond or any portion hereof. THIS BOND, to the extent of the unpaid or unredeemed principal balance hereof, or any unpaid and unredeemed portion hereof in any integral multiple of $5,000, may be assigned by the initial registered owner hereof and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinance. Among other requirements for such transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar for cancellation, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment by the initial registered owner of this Bond, or any portion or portions hereof in any integral multiple of $5,000, to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. Any instrument or instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any such portion or portions hereof by the initial registered owner hereof A new bond or bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds) or to the initial registered owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, shall be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond or any portion or portions hereof, but solely in the form and manner as provided in the next paragraph hereof for the conversion and exchange of this Bond or any portion hereof. The registered owner ofthis Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. 5 AS PROVIDED above and in the Bond Ordinance, this Bond, to the extent of the unpaid or unredeemed principal balance hereof, may be converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the assignee or assignees duly designated in writing by the initial registered owner hereof, or to the initial registered owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, in any denomination or denominations in any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute bond issued in exchange for any portion of this Bond shall have a single stated principal maturity date), upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. If this Bond or any portion hereof is assigned and transferred or converted each bond issued in exchange for any portion hereof shall have a single stated principal maturity date corresponding to the due date of the installment of principal of this Bond or portion hereof for which the substitute bond is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or portion thereof. Such bonds, respectively, shall be subject to redemption prior to maturity on the same dates and for the same prices as the corresponding installment of principal of this Bond or portion hereof for which they are being exchanged. No such bond shall be payable in installments, but shall have only one stated principal maturity date. AS PROVIDED IN THE BOND ORDINANCE, THIS BOND IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the bonds issued and delivered in exchange for this Bond or any portion hereofmay be assigned and transferred, and converted, subsequently, as provided in the Bond Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging this Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make any such assignment, conversion, or exchange (i) during the period commencing with the close ofbusiness on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for prepayment or redemption prior to maturity, within 45 days prior to its prepayment or redemption date. IN THE EVENT any Paying Agent/Registrar for this Bond is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of this Bond. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly authorized, issued, sold, and delivered; that all acts, conditions, and things required orproper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed, and been done in accordance with law; that this Bond is a special obligation of the Issuer, secured by and payable, together with other bonds, from a first lien on and pledge ofthe "Pledged Revenues", which include initially the "Net Revenues of the System" as such terms are defined in the Bond Ordinance, with the System consisting of the City's entire combined waterworks, sewer, and electric light and power system. THE ISSUER has reserved the right, subject to the restrictions stated in the Bond Ordinance, to issue Additional Bonds payable from and secured by a first lien on and pledge of the "Pledged Revenues" on a parity with this Bond. THE ISSUER also has reserved the right, subject to the restrictions stated in the Bond Ordinance, to amend the Bond Ordinance with the approval of the holders or owners of fifty-one percent in principal amount of all outstanding bonds which are secured by and payable from a first lien on and pledge of the Pledged Revenues. 6 THE REGISTERED OWNER hereof shall never have the right to demand payment of this Bond or the interest hereon out of any funds raised or to be raised by taxation or from any source whatsoever other than specified in the Bond Ordinance. BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between the registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimile signature of the Mayor of the Issuer and countersigned and attested with the manual signature or facsimile of the City Secretary of the Issuer, has caused the official seal of the Issuer to be duly impressed on this Bond, and has caused this Bond to be dated May 15, 2005. ATTEST: CITY OF DENTON, TEXAS By, By: Jennifer Walters Euline Brock City Secretary, City of Denton, Texas Mayor, City of Denton, Texas (CITY SEAL) (BOND INSURANCE LEGEND, IF ANY) FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) Section b. ADDITIONAL CHARACTERISTICS OF THE BONDS. Registration and Transfer. (a) The Issuer shall keep or cause to be kept at the Dallas, Texas, corporate trust office of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (the "Paying Agent/Registrar") books or records of the registration and transfer of the Bonds (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and registrations under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and 7 the Paying Agent/Registrar shall make such transfers and registrations as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Bond may be transferred in the Registration Books only upon presentation and surrender of such Bond to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing (i) the assignment of the Bond, or any portion thereof in any integral multiple of $5,000, to the assignee or assignees thereof, and (ii) the right of such assignee or assignees to have the Bond or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any Bond or any portion thereof, a new substitute Bond or Bonds shall be issued in conversion and exchange therefor in the manner herein provided. The Initial Bond, to the extent of the unpaid or unredeemed principal balance thereof, may be assigned and transferred by the initial registered owner thereof once only, and to one or more assignees designated in writing by the initial registered owner thereof. All Bonds issued and delivered in conversion of and exchange for the Initial Bond shall be in any denomination or denominations of any integral multiple of $ 5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated principal maturity date), shall be in the form prescribed in the FORM OF SUBSTITUTE SERIES 20054 BOND set forth in this Ordinance, and shall have the characteristics, and may be assigned, transferred, and converted as hereinafter provided. If the Initial Bond or any portion thereof is assigned and transferred or converted the Initial Bond must be surrendered to the Paying Agent/Registrar for cancellation, and each Bond issued in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable in installments; and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged; each such Bond shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If only a portion of the Initial Bond is assigned and transferred, there shall be delivered to and registered in the name of the initial registered owner substitute Bonds in exchange for the unassigned balance of the Initial Bond in the same manner as if the initial registered owner were the assignee thereof. - If any Bond or portion thereof other than the Initial Bond is assigned and transferred or converted each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is exchanged. A form of assignment shall be printed or endorsed on each Bond, excepting the Initial Bond, which shall be executed by the registered owner or its duly authorized attorney or representative to evidence an assignment thereof. Upon surrender of any Bonds or any portion or portions thereof for transfer of registration, an authorized representative of the Paying Agent/Registrar shall make such transfer in the Registration Books, and shall deliver a new fully registered substitute Bond or Bonds, having the characteristics herein described, payable to such assignee or assignees (which then will be the registered owner or owners of such new Bond or Bonds), or to the previous registered owner in case only a portion of a Bond is being assigned and transferred, all in conversion of and exchange for said assigned Bond or Bonds or any portion or portions thereof, in the same form and manner, and with the same effect, as provided in Section 6(d), below, for the conversion and exchange of Bonds by any registered owner of a Bond. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer and delivery of a substitute Bond or Bonds, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of any Bond or any portion thereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, 8 (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (b) Ownership of Bonds. The entity in whose name any Bond shall be registered in the Registration Books at any time shall be deemed and treated as the absolute owner thereof for all purposes of this Ordinance, whether or not such Bond shall be overdue, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium, if any, and interest on any such Bond shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (c) Payment of Bonds and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bonds, and to act as its agent to convert and exchange or replace Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Bonds, and of all conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest ("Special Payment Date", which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of a Bond appearing on the registration books of the Paying Agent/Registrar at the close of business on the 15th business day next preceding the date of mailing of such notice. (d) Conversion and Exchange or Replacement; Authentication. Each Bond issued and delivered pursuant to this Ordinance, to the extent of the unpaid or unredeemed principal balance or principal amount thereof, may, upon surrender of such Bond at the principal corporate trust office of the Paying Agent/Registrar, together with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option of the registered owner or such assignee or assignees, as appropriate, be converted into and exchanged for fully registered bonds, without interest coupons, in the form prescribed in the FORM OF SUBSTITUTE SERIES 2005 BOND set forth in this Ordinance, in the denomination of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unpaid or unredeemed principal balance or principal amount of any Bond or Bonds so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may be. If the Initial Bond is assigned and transferred or converted each substitute Bond issued in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable in installments; each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged; and each such Bond shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If a portion of any Bond (other than the Initial Bond) shall be redeemed prior to its scheduled maturity as provided herein, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in the denomination or denominations of any integral multiple of $5,000 at the request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon surrender thereof for cancellation. If any Bond orportion thereof (other than the Initial Bond) is assigned and transferred or converted, each Bond issued in exchange therefor shall have the same 9 principal maturity date and bear interest at the same rate as the Bond for which it is being exchanged. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. The Paying Agent/Registrar shall convert and exchange or replace Bonds as provided herein, and each fully registered bond delivered in conversion of and exchange for or replacement of any Bond or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of the Bonds for all purposes of this Ordinance, and may again be converted and exchanged or replaced. It is specifically provided that any Bond authenticated in conversion of and exchange for or replacement of another Bond on or prior to the first scheduled Record Date for the Initial Bond shall bear interest from the date of the Initial Bond, but each substitute Bond so authenticated after such first scheduled Record Date shall bear interest from the interest payment date next preceding the date on which such substitute Bond was so authenticated, unless such Bond is authenticated after any Record Date but on or before the next following interest payment date, in which case it shall bear interest from such next following interest payment date; provided, however, that if at the time of delivery of any substitute Bond the interest on the Bond for which it is being exchanged is due but has not been paid, then such Bond shall bear interest from the date to which such interest has been paid in full. The Initial Bond issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond issued in conversion of and exchange for or replacement of any Bond or Bonds issued under this Ordinance there shall be printed a certificate, in the form substantially as follows: "PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in this Bond; and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. 7PMORGAN CHASE BANK, NATIONAL, ASSOCIATION, Paying Agent/Registrar Dated BY Authorized Representative" An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign the above Certificate, and no such Bond shall be deemed to be issued or outstanding unless such Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all Bonds surrendered for conversion and exchange or replacement. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange or replacement of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Bonds in the manner prescribed herein. Pursuant to Chapter 1201, Texas Government Code, the duty of conversion and exchange or replacement of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's Authentication Certificate, the converted and exchanged or replaced Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Initial Bond which originally was issued pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Bond or any portion thereof, but the one requesting any such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange or 10 replacement of Bonds or any portion thereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (e) In General. All Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Bonds to be payable only to the registered owners thereof, (ii) may and shall be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be converted and exchanged for other Bonds, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest on the Bonds shall be payable, all as provided, and in the manner required or indicated, in the FORM OF SUBSTITUTE SERIES 2005 BOND set forth in this Ordinance. (f) Pavment of Fees and Charges. The Issuer hereby covenants with the registered owners of the Bonds that it will (i) pay the standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Bonds, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services with respect to the transfer of registration of Bonds, and with respect to the conversion and exchange of Bonds solely to the extent above provided in this Ordinance. (g) Substitute Payne Agent/Registrar. The Issuer covenants with the registered owners of the Bonds that at all times while the Bonds are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that it will promptly appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar shall promptly transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Bonds, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Section 7. FORM OF SUBSTITUTE SERIES 2005 BOND. The form of all Series 2005 Bonds issued in conversion and exchange or replacement of any other Series 2005 Bond orportion thereof, including the form of Paying Agent/Registrar's Certificate to be printed on each of such Series 2005 Bonds, and the Form of Assignment to be printed on each of the Series 2005 Bonds, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. 11 FORM OF SUBSTITUTE SERIES 2005 BOND NO. UNITED STATES OF AMERICA PRINCIPAL AMOUNT STATE OF TEXAS $ COUNTY OF DENTON CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDING BOND SERIES 2005 INTEREST MATURITY ORIGINAL DATE RATE DATE OF ISSUE CUSiP NO. % MAY 15, 2005 ON THE MATURITY DATE specified above the CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to , or to the registered assignee hereof (either being hereinafter called the "registered owner") the principal amount of and to pay interest thereon from May 15, 2005, to the maturity date specified above, or the date ofredemption prior to maturity, at the interest rate per annum specified above; with interest being first due and payable on December 1, 2005, and semiannually on each June I and December 1 thereafter, except that if the date of authentication of this Bond is later than the first Record Date (hereinafter defined), such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date (hereinafter defined) but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date. Said interest shall be calculated on the basis of a 360-day year composed of twelve 30-day months. THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for its redemption prior to maturity, at the Dallas, Texas, corporate trust office of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, which is the "Paying Agent/Registrar" for this Bond. The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of the Bonds (the "Bond Ordinance") to be on depositwith the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the 15th day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. However, the payment of such interest may be made by any other method acceptable to the Paying Agent/Registrar and requested by, and at the risk and expense of, the registered owner hereof. Any accrued interest due upon the redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner at the principal corporate trust office of the Paying Agent/Registrar upon presentation and surrender of this Bond 12 for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that on or before each principal payment date, interest payment date, and accrued interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due. The provisions of Section 35(b) of the Bond Ordinance are hereby incorporated by reference. IN THE EVENT of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice ofthe Special Record Date and of the scheduled payment date of the past due interest ("Special Payment Date", which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of a Bond appearing on the registration books of the Paying Agent/Registrar at the close of business on the 15th business day next preceding the date of mailing of such notice. IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND is one of a series of Bonds initially dated May 15, 2005, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $46,665,000 for the purpose of (a) refunding the City's outstanding revenue bonds described in Schedule I to the Bond Ordinance (the "Refunded Bonds") in order to lower the overall debt service requirements of the City's Combined Waterworks, Sewer and Electric Light and Power System (the "System") and (b) paying costs of issuance associated with the sale of the Bonds. ON DECEMBER 1, 2015, or on any date whatsoever thereafter, the Bonds of this Series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, the particular Bonds, or portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion of a Bond may be redeemed only in an integral multiple of $5,000), at the redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for redemption. AT LEAST 30 days prior to the date fixed for any redemption of Bonds or portions thereof prior to maturity a written notice of such redemption shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, at least 30 days prior to the date fixed for any such redemption, to the registered owner of each Bond to be redeemed at its address as it appeared on the 45th day prior to such redemption date and to major securities depositories, national bond rating agencies and bond information services; provided, however, that the failure of the registered owner to receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Bond. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Bonds or portions thereof that are to be so redeemed. If such written notice of redemption is sent and if due provision for such payment is made, all as provided above, the Bonds or portions thereof that are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the registered 13 owner to receive the redemption price from the Paying Agent/Registrar out of the funds provided for such payment. If a portion of any Bond shall be redeemed, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Bond Ordinance. THIS BOND OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE OF $5,000 may be assigned and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Bond shall be executed by the registered owner or its duly authorized attorney or representative, to evidence the assignment hereof. A new Bond or Bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds), or to the previous registered owner in the case of the assignment and transfer of only a portion of this Bond, may be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond, all in the form and manner as provided in the next paragraph hereof for the conversion and exchange of other Bonds. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of this Bond or any portion hereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond Ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or assignees hereof, be converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. 14 IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and will promptly cause written notice thereof to be mailed to the registered owners of the Bonds. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed, and been done in accordance with law; that this Bond is a special obligation of the Issuer, secured by and payable, together with other bonds, from a first lien on and pledge of the "Pledged Revenues", which include initially the "Net Revenues of the System", as such terms are defined in the Bond Ordinance, with the System consisting of the City's entire combined waterworks, sewer, and electric light and power system. THE ISSUER has reserved the right, subject to the restrictions stated in the Bond Ordinance, to issue Additional Bonds payable from and secured by a first lien on and pledge of the "Pledged Revenues" on a parity with this Bond and series of which it is a part. THE ISSUER also has reserved the right, subject to the restrictions stated in the Bond Ordinance, to amend the Bond Ordinance with the approval of the holders or owners of fifty-one percent in principal amount of all outstanding bonds which are secured by and payable from a first lien on and pledge of the Pledged Revenues. THE REGISTERED OWNER hereof shall never have the right to demand payment of this Bond or the interest hereon out of any funds raised or to be raised by taxation or from any source whatsoever other than specified in the Bond Ordinance. BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimile signature of the Mayor of the Issuer and countersigned and attested with the manual or facsimile signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Bond. ATTEST: CITY OF DENTON, TEXAS By: By: Jennifer Walters Euline Brock City Secretary, City of Denton, Texas Mayor, City of Denton, Texas (CITY SEAL) 15 FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in this Bond; and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. 1PMORGAN CHASE BANK, NATIONAL ASSOCIATION Paying Agent/Registrar Dated By Authorized Representative (BOND INSURANCE LEGEND, IF ANY) FORM OF ASSIGNMENT: ASSIGNMENT FOR VALUE RECEIVED, the undersigned registered owner of this Bond, or duly authorized representative or attorney thereof, hereby assigns this Bond to I I (Assignee's Social (print or typewrite Assignee's name and Security or Taxpayer address, including zip code) Identification Number) and hereby irrevocably constitutes and appoints attorney to transfer the registration of this Bond on the Paying Agent/Registrar's Registration Books with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by Registered Owner an eligible guarantor institution participating in NOTICE: This signature must correspond with a securities transfer association recognized the name of the Registered Owner appearing on signature guarantee program, the face of this Bond in every particular without alteration or enlargement or any change whatsoever. 16 Section 8. DEFINITIONS. As used in this Ordinance the following terms shall have the meanings set forth below, unless the text hereof specifically indicates otherwise: (a) The terms "City" and "Issuer" shall mean the City of Denton, in Denton County, Texas. (b) The term "City Council" or "Council" shall mean the governing body of the City. (c) The term "Bonds" shall mean collectively the Initial Bond as defined and described in Section 2 of this Ordinance and all substitute bonds exchanged therefor, and all other substitute bonds and replacement bonds, issued pursuant to and as provided in this Ordinance. (d) The term "Parity Bonds" shall mean collectively (i) the outstanding City of Denton Utility System Revenue Refunding Bonds, Taxable Series 1993-B, authorized by ordinance passed on June 8, 1993 (the "Series 1993-B Bonds"), (ii) the outstanding City ofDenton Utility System Revenue Bonds, Series 1996, authorized by an ordinance passed on May 7, 1996 (the "Series 1996 Bonds"), (iii) the outstanding City of Denton Utility System Revenue Refunding Bonds, Series 1996-A, authorizedby an ordinance passed on May 7, 1996 (the "Series 1996-A Bonds"), (iv) the outstanding City of Denton Utility System Revenue Bonds, Series 1998, authorized by an ordinance passed on March 24, 1998 (the "Series 1998 Bonds"), (v) the outstanding City of Denton Utility System Revenue Refunding Bonds, Series 1998A, authorized by an ordinance passed on July 21, 1998 (the "Series 1998A Bonds"), (vi) the outstanding City of Denton Utility System Revenue Refunding Bonds, Series 1998B, authorized by an ordinance passed on August 4, 1998 (the "Series 1998B Bonds"), (vii) the outstanding City of Denton Utility System Revenue Bonds, Series 2000A, authorized by an ordinance passed on April 25, 2000 (the "Series 2000A Bonds"), (viii) the outstanding City of Denton Utility System Revenue Bonds, Taxable Series 2000B, authorized by an ordinance passed on April 25, 2000 (the "Taxable Series 2000B Bonds"), (ix) the outstanding City of Denton Utility System Revenue Refunding and Improvement Bonds, Series 2001, authorized by an ordinance passed on April 17, 2001 (the "Series 2001 Bonds"), (x) the outstanding City of Denton Utility System Revenue Bonds, Series 2002A, authorized by an ordinance passed on April 9, 2002 (the "Series 2002A Bonds"), (xi) the outstanding City of Denton Utility System Revenue Bonds, Taxable Series 2002B, authorized by an ordinance passed on April 9, 2002 (the "Taxable Series 2002B Bonds") (xii) the outstanding City of Denton Utility System Revenue Refunding and Improvement Bonds, Series 2003, authorized by an ordinance passed on April 1, 2003 (the "Series 2003 Bonds"), (xiii) the outstanding City of Denton Utility System Revenue Refunding Bonds, Series 2004, authorized by an ordinance passed on September 7, 2004 (the "Series 2004 Bonds"), and (xiv) the Bonds. (e) The term "Additional Bonds" shall mean the additional parity revenue bonds which the City reserves the right to issue in the future, in accordance with Section 26 of this Ordinance. (f) The term "System" shall mean (1) the City's entire existing waterworks and sewer system and the City's entire existing electric light and power system, together with all future extensions, improvements, enlargements, and additions thereto, and all replacements thereof, and (2) any other related facilities, all or any part of the revenues or income from which do, in the future, at the option of the City, and in accordance with law, become "Pledged Revenues" as hereinafter defined; provided that, notwithstanding the foregoing, and to the extent now or hereafter authorized or permitted by law, the term System shall not mean any water, sewer, electric, or other facilities of any kind which are declared not to be a part of the System, and which are acquired or constructed by the City with the proceeds from the issuance of "Special Facilities Bonds", which are hereby defined as being special revenue obligations of the City which are not payable from or secured by any Pledged Revenues, but which are secured by and payable from liens on and pledges of any other revenues, sources, or payments, including, but not limited to, special contract revenues or payments received from any other legal entity in connection with such facilities; and such revenues, sources, or 17 payments shall not be considered as or constitute Gross Revenues of the System, unless and to the extent otherwise provided in the ordinance or ordinances authorizing the issuance of such "Special Facilities Bonds". (g) The terms "Gross Revenues of the System" and "Gross Revenues" shall mean all revenues and income of every nature derived or received by the City from the operation and ownership of the System, including the interest income from the investment or deposit of money in any Fund created by this Ordinance. (h) The terms "Net Revenues ofthe System", and "Net Revenues" shall mean all Gross Revenues after deducting therefrom an amount equal to the current expenses of operation and maintenance of the System, including all salaries, labor, materials, repairs, and extensions necessary to render efficient service, provided, however, that only such repairs and extensions, as in the judgment of the City Council, reasonably and fairly exercised by the adoption of appropriate resolutions, are necessary to keep the System in operation and render adequate service to said City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair the Bonds or Additional Bonds, shall be deducted in determining "Net Revenues". Payments required to be made by the City for water supply or water facilities, sewer services or sewer facilities, fuel supply, and for the purchase of electric power, which payments under law constitute operation and maintenance expenses of any part of the System, shall constitute and be regarded as expenses of operation and maintenance of the System under this Ordinance. Depreciation and amortization shall not constitute or be regarded as expenses of operation and maintenance of the System. (i) The term "Pledged Revenues" shall mean (1) the Net Revenues, plus (2) the net revenues of the Drainage System, which shall be calculated on the same basis as the Net Revenues of the System, plus (3) any additional revenues, income, or other resources relating to the System which are expected to be available to the City on a regular periodic basis, including, without limitation, any grants, donations, or income received or to be received from the United States Government, or any other public or private source, whether pursuant to an agreement or otherwise, which in the future may, at the option of the City, be pledged to the payment of the Parity Bonds or Additional Bonds. (j) The term "year" or "fiscal year" shall mean the fiscal year used by the City in connection with the operation of the System. (k) The term "Government Obligations" shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, and which may be in book-entry form. (1) "Drainage System" means the City's entire existing drainage system and all facilities related thereto. (m) "Rate Stabilization Fund" means the City's separate Rate Stabilization Fund established for the purpose of stabilizing rates for ratepayers. Section 9. PLEDGE. (a) The Bonds are "Additional Bonds" as permitted by Sections 24 and 25 of the ordinance passed on March 10, 1983, authorizing the City of Denton Revenue Refunding Bonds, Series 1983 (the "Series 1983 Bonds"); and it is hereby determined, declared, and resolved that all of the Parity 18 Bonds (including the Bonds) are secured and payable equally and ratably on a parity, and that Sections 8 through 28, of this Ordinance are supplemental to and cumulative of Sections 7 through 27 of the aforesaid ordinance passed on March 10, 1983, with Sections 8 through 29 of this Ordinance being applicable to all of the Parity Bonds. (b) The Parity Bonds and any Additional Bonds, and the interest thereon, including any interest coupons appertaining thereto, are and shall be secured by and payable from a first lien on and pledge of the Pledged Revenues, and the Pledged Revenues are further pledged to the establishment and maintenance of the Funds created by this Ordinance, and any Funds created by any ordinance authorizing the issuance of any Additional Bonds. The Parity Bonds and any Additional Bonds are not and will not be secured by or payable from a mortgage or deed of trust on any real, personal, or mixed properties constituting the System. Section 10. SYSTEM FUND. There heretofore has been and is hereby created and there shall be established and maintained on the books ofthe City, and accounted for separate and apart from all other funds of the City, a special fund to be entitled the "City of Denton Utility System Fund" (the "System Fund"). All Gross Revenues shall be credited to the System Fund immediately upon receipt, unless otherwise provided in this Ordinance. All current expenses of operation and maintenance of the System shall be paid from such Gross Revenues credited to the System Fund as a first charge against same. Before making any deposits hereinafter required to be made from the System Fund, the City shall retain in the System Fund at all times an amount at least equal to one-sixth of the amount budgeted for the then current fiscal year for the current operation and maintenance expenses of the System. Section 11. INTEREST AND SINKING FUND. For the sole purpose of paying the principal of and interest on all Parity Bonds and Additional Bonds, there heretofore has been and is hereby created and there shall be established and maintained on the books of the City, and accounted for separate and apart from all other funds of the City, a separate fund to be entitled the "City of Denton Utility System Revenue Bonds Interest and Sinking Fund" (the "Interest and Sinking Fund"). Section 12. RESERVE FUND. 'T'here heretofore has been, and is hereby, created, and there shall be established and maintained at JPMorgan Chase Bank, National Association, and hereafter, at the option of the City, established and maintained at any time at any national bank having a capital and surplus in excess of $25,000,000, a separate fund to be entitled the "C ity of Denton Utility System Bonds and Additional Bonds Reserve Fund" (the "Reserve Fund"). The Reserve Fund shall be used to pay the principal of and interest on any Parity Bonds or Additional Bonds when and to the extent the amounts in the Interest and Sinking Fund available for such payment are insufficient for such purpose, and may be used for the purpose of finally retiring the last of any Parity Bonds or Additional Bonds. Section 13. EXTENSION AND IMPROVEMENT FUND. There heretofore has been and is hereby created and there shall be established and maintained on the books of the City, and accounted for separate and apart from all other funds of the City, a separate fund to be entitled the "City of Denton Utility System Extension and Improvement Fund" (the "Extension and Improvement Fund"). The Extension and Improvement Fund shall be used for the purpose of paying the costs of improvements, enlargements, extensions, additions, replacements, or other capital expenditures related to the System, or for paying the costs of unexpected or extraordinary repairs or replacements of the System for which System fluids are not available, or for paying unexpected or extraordinary expenses of operation and maintenance of the System for which System funds arc not otherwise available, or for any other lawful purpose. Section 14. EMERGENCY FUND. There is hereby created and there shall be established and maintained on the books of the City, and accounted for separate and apart from all other funds of the City, a separate fund to be entitled the "City of Denton Utility System Emergency Fund" (the "Emergency Fund"). 19 The Emergency Fund shall be used for the purpose of paying unexpected or extraordinary expenses of repair, replacement, operation, and maintenance of the System for which neither System funds nor the moneys in the Extension and Improvement Fund are available. There was deposited in the Emergency Fund simultaneously with the delivery of the Series 1983 Bonds to the initial purchasers thereof from lawfully available funds of the City the amount of $250,000. All investment interest income from the Emergency Fund shall be transferred to the System Fund as received. Section 15. DEPOSITS OF PLEDGED REVENUES. Pledged Revenues shall be credited to or deposited in the Interest and Sinking Fund, the Reserve Fund, the Extension and Improvement Fund, and other funds when and as required by this Ordinance and any ordinance authorizing the issuance of Additional Bonds. Section 16. INVESTMENTS. Money in any Fund established pursuant to this Ordinance or any ordinance authorizing the issuance of Additional Bonds, may, at the option of the City, be placed in time deposits or certificates of deposit secured by obligations of the type hereinafter described, or be invested in Government Obligations (as defined in Section 8 hereof) or obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in obligations of instrumentalities of the United States of America, including, but not limited to, evidences of indebtedness issued, insured, or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, United States Postal Service, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, Federal Housing Association; or Participation Certificates in the Federal Assets Financing Trust; provided that all such deposits and investments shall be made in such manner as will, in the opinion of the City, permit the money required to be expended from any Fund to be available at the proper time or times as expected to be needed. Such investments (except United States Treasury Obligations--State and Local Government Series investments held in book entry form, which shall at all times be valued at cost) shall be valued in terms of current market value as of the last day of each fiscal year. Unless otherwise set forth herein, all interest and income derived from such deposits and investments immediately shall be credited to, and any losses debited to, the Fund from which the deposit or investment was made, and surpluses in any Fund shall or may be disposed of as hereinafter provided. Such investments shall be sold promptly when necessary to prevent any default in connection with the Parity Bonds or Additional Bonds consistent with the ordinances, respectively, authorizing their issuance. Section 17. FUNDS SECURED. That money in all Funds created by this Ordinance, to the extent not invested, shall be secured in the manner prescribed by law. Section 18. PRIORITY OF DEPOSITS AND PAYMENTS FROM SYSTEM FUND. That the City shall make the deposits and payments from Pledged Revenues in the System Fund when and as required by this Ordinance and any ordinance authorizing any Additional Bonds, and such deposits shall be made in the following manner and with the following irrevocable priorities, respectively: First, to the Interest and Sinking Fund, when and in the amounts required by this Ordinance and any ordinance authorizing any Additional Bonds; then Second, to the Reserve Fund, when and in the amounts required by this Ordinance and any ordinance authorizing any Additional Bonds; then Third, to the Extension and Improvement Fund, when and as required by Section 21 of this Ordinance. 20 Section 19. INTEREST AND SINKING FUND REQUIREMENTS. The City shall cause to be deposited to the credit of the Interest and Sinking Fund the accrued interest received from the sale of the Initial Bond, and on or before the 25th day of each month, the City shall cause to be deposited to the credit of the Interest and Sinking Fund, in approximately equal monthly payments, amounts sufficient, together with any other funds on hand therein, to pay all of the interest or principal and interest coming due, including the principal amount of any Parity Bonds required to be redeemed prior to maturity pursuant to any mandatory redemption requirements, on the Parity Bonds and any Additional Bonds on the next succeeding interest payment date. Any moneys so deposited in the Interest and Sinking Fund with respect to a mandatory redemption requirement, together with other lawfully available fluids of the City, may be used by the City, to purchase, in advance of a mandatory redemption date and at a price not exceeding the principal amount thereof plus accrued interest thereon to the date of purchase, Parity Bonds which would be subject to being chosen for mandatory redemption on such mandatory redemption date. The Paying Agent shall cancel any Parity Bonds so purchased. Section 20. RESERVE FUND REQUIREMENTS. There is now on hand in the Reserve Fund an amount of money and Government Obligations which is in excess of $3,000,000 and which is at least equal to the average annual principal and interest requirements of the outstanding Taxable Series 1993-B Bonds, the Series 1996 Bonds, the Series 1996-A Bonds, the Series 1998 Bonds, the Series 1998A Bonds, the Series 1998B Bonds, the Series 2000A Bonds, the Series 2000B Bonds, the Series 2001 Bonds, the Series 2002A Bonds, the Taxable Series 2002B Bonds, the Series 2003 Bonds, and the Series 2004 Bonds (the current "Required Reserve Amount"). Following the issuance and delivery of the Initial Bonds the Required Reserve Amount shall become and be an amount of money and investments equal to the average annual principal and interest requirements of all the outstanding Parity Bonds and Additional Bonds; provided further, however, that the Required Reserve Amount shall never be less than $3,000,000 if the maximum annual principal and interest requirements on all outstanding Parity Bonds and Additional Bonds exceeds $3,000,000. Immediately after the issuance and delivery of the Initial Bond there shall be deposited to the credit of the Reserve Fund, from the proceeds of the sale of the Initial Bond, money sufficient to cause the Reserve Fund to contain an aggregate amount of money and investments equal to the Required Reserve Amount for all then outstanding Parity Bonds. After the delivery of any future Additional Bonds the City shall cause the Reserve Fund to be increased, if and to the extent necessary, so that such Fund will contain an amount of money and investments equal to the Required Reserve Amount. Any increase in the Required Reserve Amount may be funded from Pledged Revenues, or from proceeds from the sale of any Additional Bonds, or any other available source or combination of sources. All or any part of the Required Reserve Amount not funded initially and immediately after the delivery of any installment or issue of Additional Bonds shall be funded, within not more than five years from the date of such delivery, by deposits of Pledged Revenues in approximately equal monthly installments on or before the 25th day of each month. Principal amounts of the Parity Bonds and any Additional Bonds which must be redeemed pursuant to any applicable mandatory redemption requirements shall be deemed to be maturing amounts of principal for the purpose of calculating principal and interest requirements on such bonds. When and so long as the amount in the Reserve Fund is not less than the Required Reserve Amount no deposits shall be made to the credit of the Reserve Fund; but when and if the Reserve Fund at any time contains less than the Required Reserve Amount, then the City shall transfer from Pledged Revenues in the System Fund, and deposit to the credit of the Reserve Fund, monthly on or before the 25th day of each month, a sum equal to 1160th of the Required Reserve Amount, until the Reserve Fund is restored to the Required Reserve Amount. The City specifically covenants that when and so long as the Reserve Fund contains the Required Reserve Amount, the City shall cause all amounts in excess of the Required Reserve Amount to be deposited to the credit of the Interest and Sinking Fund. Section 21. EXTENSION AND IMPROVEMENT FUND REQUIREMENTS. During each year, subject and subordinate to making the required deposits to the credit of the Interest and Sinking Fund and the Reserve Fund, the City shall be required to deposit to the credit of the Extension and Improvement Fund, 21 from Pledged Revenues in the System Fund, an amount equal to 8% of the "Adjusted Gross Revenues of the System", which term is hereby defined to mean the following: the Gross Revenues of the System for such year after deducting from such Gross Revenues an amount equal to the current expenses of operation and maintenance of the System for such year which are directly attributable to (i) all fuel costs related to the production of electric energy by the City and/or (ii) the purchase of electric energy by the City. Additional excess Pledged Revenues may, at the option of the City Council, be deposited to the credit of the Improvement Fund as permitted by Section 23 (b) hereof, but no such additional deposit is required. All investment interest income from the Extension and Improvement Fund shall be retained in and remain a part of such Fund. Section 22. RATE STABILIZATION FUND. (a) In each fiscal year, the City hereby agrees to transfer the Transfer Amount (as defined below) from the Rate Stabilization Fund into the System Fund for the purpose of paying the current expenses of operation and maintenance of the System and pledges such Transfer Amount to the payment of the Bonds, all Parity Bonds and any Additional Bonds. (b) The Transfer Amount shall be an amount of moneys and investments contained in the Rate Stabilization Fund equal to the amount for each fiscal year of the City that will, when added to the otherwise expected Pledged Revenues for that fiscal year, produce an amount of Pledged Revenues during such fiscal year at least equal to the greater of 1.25 times the average annual principal and interest requirements of all then outstanding Bonds, Parity Bonds and Additional Bonds or 1.25 times the succeeding fiscal year's principal and interest requirements of all then outstanding Bonds, Parity Bonds and Additional Bonds. (c) The Transfer Amount will be calculated and reflected in the annual budget for each fiscal year and will, on the first day of such fiscal year, be transferred from the Rate Stabilization Fund into the System Fund. Section 23. DEFICIENCIES; EXCESS PLEDGED REVENUES. (a) If on any occasion there shall not be sufficient Pledged Revenues to make the required deposits into the Interest and Sinking Fund or the Reserve Fund, such deficiency shall be made up as soon as possible from the next available Pledged Revenues. (b) Subject to making the required deposits to the credit of the various Funds when and as required by this Ordinance or any ordinance authorizing the issuance of Additional Bonds, any surplus Pledged Revenues may be used by the City for any lawful purpose. Section. 24. PAYMENT OF PARITY BONDS AND ADDITIONAL BONDS. On or before December 1, 2005, and semiannually on or before each June 1 and December 1 thereafter while any of the Parity Bonds or Additional Bonds are outstanding and unpaid the City shall make available to the Paying Agents therefor, out of the Interest and Sinking Fund, or if necessary, out of the Reserve Fund, money sufficient to pay, on each of such dates, the principal of and interest on the Parity Bonds and Additional Bonds as the same matures and comes due, or to redeem the Parity Bonds or Additional Bonds prior to maturity, either upon mandatory redemption or at the option of the City. At the direction of the City the Paying Agents shall either deliver paid Parity Bonds and Additional Bonds, and any interest coupons appertaining thereto, to the City or destroy all paid Parity Bonds and Additional Bonds, and any coupons appertaining thereto, and furnish the City with an appropriate certificate of cancellation or destruction. 22 Section 25. FINAL DEPOSITS. (a) Any Parity Bond or Additional Bond shall be deemed to be paid, retired, and no longer outstanding within the meaning of this Ordinance when payment of the principal of, redemption premium, if any, on such Parity Bond or Additional Bond, plus interest thereon to the due date thereof (whether such due date be by reason of maturity, upon redemption, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof (including the giving of any required notice of redemption or provision for the proper giving of such notice having been made), or (ii) shall have been provided by irrevocably depositing with or making available to a Paying Agent therefor, in trust and irrevocably set aside exclusively for such payment, (1) money sufficient to make such payment or (2) Government Obligations which mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to make such payment, and all necessary and proper fees, compensation, and expenses of such Paying Agent pertaining to the Parity Bonds and Additional Bonds with respect to which such deposit is made shall have been paid or the payment thereof provided for to the satisfaction of such paying agent. At such time as a Bond or Additional Bond shall be deemed to be paid hereunder, as aforesaid, it shall no longer be secured by or entitled to the benefits of this Ordinance or a lien on and pledge of the Pledged Revenues, and shall be entitled to payment solely from such money or Government Obligations. (b) Any moneys so deposited with a paying agent may at the direction of the City also be invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from all Government Obligations in the hands of the paying agent pursuant to this Section which is not required for the payment of the Parity Bonds and Additional Bonds, the redemption premium, if any, and interest thereon, with respect to which such money has been so deposited, shall be turned over to the City or deposited as directed by the City. Section 26. ADDITIONAL BONDS. (a) The City shall have the right and power at any time and from time to time, and in one or more series or issues, to authorize, issue, and deliver additional parity revenue bonds (herein called "Additional Bonds"), in accordance with law, in any amounts, for any lawful purpose, including the refunding of any Parity Bonds or Additional Bonds, or other obligations. Such Additional Bonds, if and when authorized, issued, and delivered in accordance with this Ordinance, shall be payable from and secured by an irrevocable first lien on and pledge of the Pledged Revenues, equally and ratably on a parity in all respects with the Parity Bonds and any other outstanding Additional Bonds. (b) The principal of all Additional Bonds must be scheduled to be paid or mature on December 1 of the years in which such principal is scheduled to be paid or mature. Section 27. FURTHER REQUIREMENTS FOR ADDITIONAL BONDS. Additional Bonds shall be issued only in accordance with this Ordinance, and no installment, Series, or issue of Additional Bonds shall be issued or delivered unless: (a) The Mayor of the City and the City Secretary sign a written certificate to the effect that the City is not in default as to any covenant, condition, or obligation in connection with all then outstanding Parity Bonds and Additional Bonds, and the ordinances authorizing same, and that the Interest and Sinking Fund and the Reserve Fund each contains the amount then required to be therein. (b) An independent certified public accountant, or independent firm of certified public accountants, acting by and through a certified public accountant, signs a written certificate to the effect that, in his or its opinion, during either the next preceding fiscal year, or any twelve consecutive calendar month period out of the 18-month period immediately preceding the month in which the ordinance authorizing the issuance of the then proposed Additional Bonds is passed, the Pledged Revenues were at least (1)1.25 times an amount equal to the average annual principal and interest requirements, and (ii) 1.10 times an amount 23 equal to the principal and interest requirements during the fiscal year during which such requirements are scheduled to be the greatest, of all Parity Bonds and Additional Bonds which are scheduled to be outstanding after the delivery of the then proposed Additional Bonds. It is specifically provided, however, that in calculating the amount of Pledged Revenues for the purposes of this subsection (b), if there has been any increase in the rates or charges for services of the System which is then in effect, but which was not in effect during all or any part of the entire period for which the Pledged Revenues are being calculated (hereinafter referred to as the "entire period") then the certified public accountant, or in lieu of the certified public accountant a firm of consulting engineers, shall determine and certify the amount of Pledged Revenues as being the total of (i) the actual Pledged Revenues for the entire period, plus (ii) a sum equal to the aggregate amount by which the actual billings to customers of the System during the entire period would have been increased if such increased rates or charges had been in effect during the entire period. (c) Provision shall be made in the ordinance authorizing their issuance for increasing the Reserve Fund to the Required Reserve Amount as required by Section 20 hereof. (d) All calculations of average annual principal and interest requirements of any bonds made in connection with the issuance of any then proposed Additional Bonds shall be made as of the date of such Additional Bonds; and also in making calculations for such purpose, and for any other purpose under this Ordinance, principal amounts of any bonds which must be redeemed prior to maturity pursuant to any applicable mandatory redemption requirements shall be deemed to be maturing amounts of principal of such bonds. Section 28. GENERAL COVENANTS. The City further covenants and agrees that in accordance with and to the extent required or permitted by law: (a) Performance. It will faithfully perform at all times any and all covenants, undertakings, stipulations, and provisions contained in this Ordinance, and each ordinance authorizing the issuance of Additional Bonds, and in each and every Parity Bond and Additional Bond; that it will promptly pay or cause to be paid the principal of and interest on every Parity Bond and Additional Bond, on the dates and in the places and manner prescribed in such ordinances and Parity Bonds or Additional Bonds; and that it will, at the times and in the manner prescribed, deposit or cause to be deposited the amounts required to be deposited into the Interest and Sinking Fund and the Reserve Fund; and any holder of the Parity Bonds or Additional Bonds may require the City, its officials, and employees, to carry out, respect, or enforce the covenants and obligations of this Ordinance, or any ordinance authorizing the issuance of Additional Bonds, by all legal and equitable means, including specifically, but without limitation, the use and filing of mandamus proceedings, in any court of competent jurisdiction, against the City, its officials, and employees. (b) CL's Legal Authority. The City is a duly created and existing home rule city of the State of Texas, and is duly authorized under the laws of the State of Texas to create and issue the Parity Bonds and Additional Bonds; that all action on its part for the creation and issuance of the said obligations has been or will be duly and effectively taken, and that said obligations in the hands of the holders and owners thereof are and will be valid and enforceable special obligations of the City in accordance with their terms. (c) Title. The City has or will obtain lawful title to the lands, buildings, structures, and facilities constituting the System, that it warrants that it will defend the title to all the aforesaid lands, buildings, structures, and facilities, and every part thereof, for the benefit of the holders and owners of the Parity Bonds and Additional Bonds, against the claims and demands of all persons whomsoever, that it is lawfully qualified to pledge the Pledged Revenues to the payment of the Parity Bonds and Additional Bonds in the manner prescribed herein, and has lawfully exercised such rights. 24 (d) Liens. The City will from time to time and before the same become delinquent pay and discharge all taxes, assessments, and governmental charges, if any, which shall be lawfully imposed upon it, or the System, that it will pay all lawful claims for rents, royalties, labor, materials, and supplies which if unpaid might by law become a lien or charge thereon, the lien of which would be prior to or interfere with the liens hereof, so that the priority of the liens granted hereunder shall be fully preserved in the manner provided herein, and that it will not create or suffer to be created any mechanic's, laborer's, materialman's, or other lien or charge which might or could be prior to the liens hereof, or do or suffer any matter or thing whereby the liens hereof might or could be impaired; provided, however, that no such tax, assessment, or charge, and that no such claims which might be used as the basis of a mechanic's, laborer's, materialman's, or other lien or charge, shall be required to be paid so long as the validity of the same shall be contested in good faith by the City. (e) Operation of System; No Free Service. While the Parity Bonds or any Additional Bonds are outstanding and unpaid the City shall continuously and efficiently operate the System, and shall maintain the System in good condition, repair, and working order, all at reasonable cost. No free service of the System shall be allowed, and should the City or any of its agencies, instrumentalities, lessors, or concessionaires make use of the services and facilities of the System, payment monthly of the standard retail price of the services provided shall be made by the City or any of its agencies, instrumentalities, lessors, or concessionaires out of fluids from sources other than the revenues of the System, unless made from surplus Pledged Revenues as permitted by Section 23(b) hereof. (f) Further Encumbrance. While the Parity Bonds or any Additional Bonds are outstanding and unpaid, the City shall not additionally encumber the Pledged Revenues in any manner, except as permitted in this Ordinance in connection with Additional Bonds, unless said encumbrance is made junior and subordinate in all respects to the liens, pledges, covenants, and agreements of this Ordinance and any ordinance authorizing the issuance of Additional Bonds; but the right of the City to issue revenue bonds payable from a subordinate lien on surplus Pledged Revenues is specifically recognized and retained, as permitted under Section 23(b) hereof. (g) Sale, Lease or Disposal of Property. No part of the System shall be sold, leased, mortgaged, demolished, removed or otherwise disposed of, except as follows: (1) To the extent permitted by law, the City may sell, lease, mortgage, demolish, remove or otherwise dispose of at any time and from time to time any property or facilities constituting part of the System only if (A) the City Council shall determine, as evidenced by a resolution to that effect, such property or facilities are not useful in the operation of the System, or (B) the proceeds of such sale are $250,000 or less, or the City Council shall determine, as evidenced by a resolution to that effect, the fair market value of the property or facilities exchanged is $250,000 or less, or (C) if such proceeds or fair market value exceed $250,000 the City Council shall determine, as evidenced by a resolution to that effect, that the sale or exchange of such property or facilities will not impair the ability of the City to comply during the current or any future fiscal year with the covenant of the City set forth in Section 28(i) of this Ordinance. The proceeds of any such sale or exchange not used to acquire other property necessary or desirable for the sale or efficient operation of the System shall forthwith, at the option of the City, (i) to be used to redeem or purchase Parity Bonds or Additional Bonds, (ii) otherwise be used to provide for the payment of Parity Bonds or Additional Bonds or (iii) be used for any other lawful purpose. (2) To the extent permitted by law, the City may lease or make contracts or grant licenses for the operation of, or make arrangements for the use of, or grant easements or other rights with respect to, any part of the System, provided that any such lease, contract, license, arrangement, 25 casement or right (A) does not impede the operation of the System by the City and (B) does not in any manner impair or adversely affect the rights or security of the owners of the Parity Bonds or Additional Bonds under this Ordinance; and provided, further, that if the depreciated cost of the property to be covered by any such lease, contract, license, arrangement, easement or other right is in excess of $500,000, the City Council shall determine, as evidenced by a resolution to that effect, that the action of the City with respect thereto does not result in a breach of the conditions under this clause (2). Any payments received by the City under or in connection with any such lease, contract, license, arrangement, casement or right in respect of the System or any part thereof shall constitute Gross Revenues. (h) Insurance. (1) The City shall cause to be insured such parts of the System as would usually be insured by corporations operating like properties, with a responsible insurance company or companies, against risks, accidents, or casualties against which and to the extent insurance is usually carried by corporations operating like properties, including, to the extent reasonably obtainable, fire and extended coverage insurance, insurance against damage by floods, and use and occupancy insurance. Public liability and property damage insurance also shall be carried unless the City Attorney gives a written opinion to the effect that the City is not liable for claims which would be protected by such insurance. All insurance premiums shall be paid as an expense of operation of the System. At any time while any contractor engaged in construction work shall be fully responsible therefor, the City shall not be required to carry insurance on the work being constructed if the contractor is required to carry appropriate insurance. All such policies shall be open to the inspection of the Bondholders and their representatives at all reasonable times. Upon the happening of any loss or damage covered by insurance from one or more of said causes, the City shall make due proof of loss and shall do all things necessary or desirable to cause the insuring companies to make payment in full directly to the City. The proceeds of insurance covering such property, together with any other funds necessary and available for such purpose, shall be used forthwith by the City for repairing the property damaged or replacing the property destroyed; provided, however, that if said insurance proceeds and other funds are insufficient for such purpose, then said insurance proceeds pertaining to the System shall be deposited in a special and separate trust fund, at an official depository of the City, to be designated the Insurance Account. The Insurance Account shall be held until such time as other funds become available which, together with the Insurance Account, will be sufficient to make the repairs or replacements originally required. (2) The annual audit hereinafter required may contain a section commenting on whether or not the City has complied with the requirements of this Section with respect to the maintenance of insurance, and shall state whether or not all insurance premiums upon the insurance policies to which reference is made have been paid. (i) Annual Budget and Rate Covenant. The City shall prepare, prior to the beginning of each fiscal year, an annual budget, in accordance with law, reflecting an estimate of cash receipts and disbursements for the ensuing fiscal year in sufficient detail to indicate the probable Gross Revenues and Pledged Revenues for such fiscal year. The City shall fix, establish, maintain, and collect, such rates, charges, and fees for the use and availability of the System at all times as are necessary (1) to produce Gross Revenues sufficient, together with any other Pledged Revenues, to pay all current operation and maintenance expenses of the System, and (2) to produce an amount of Pledged Revenues during each fiscal year at least equal to the greater of 1.25 times the average annual principal and interest requirements of all then outstanding Parity Bonds and Additional Bonds or 1.25 times the succeeding fiscal year's principal and interest requirements of all then outstanding Parity Bonds and Additional Bonds. 26 i (j) Records. The City shall keep proper books of record and account in which full, true, proper, and correct entries will be made of all dealings, activities, and transactions relating to the System, the Pledged Revenues, and the Funds created pursuant to this Ordinance, and all books, documents, and vouchers relating thereto shall at all reasonable times be made available for inspection upon request of any Bondholder, provided, that all books, documents, and vouchers relating to the City's electric system shall be made available for inspection only to the extent required by law, including, without limitation, the provisions of Section 552.133 of the Texas Government Code. To the extent consistent with the provisions of this Ordinance, the City shall keep its books and records in a manner conforming to standard accounting practices as usually would be followed by private corporations owning and operating a similar System, with appropriate recognition being given to essential differences between municipal and corporate accounting practices. (k) Audits. After the close of each fiscal year while any of the Parity Bonds or any Additional Bonds are outstanding, an audit will be made of the books and accounts relating to the System and the Pledged Revenues by an independent certified public accountant or an independent firm of certified public accountants. As soon as practicable after the close of each such year, and when said audit has been completed and made available to the City, a copy of such audit for the preceding year shall be mailed to the Municipal Advisory Council of Texas, to each paying agent for any bonds payable from Pledged Revenues, and to any Bondholders who shall so request in writing. The annual audit reports shall be open to the inspection of the Bondholders and their agents and representatives at all reasonable times. (1) Governmental Agencies. It will comply with all of the terms and conditions of any and all franchises, permits, and authorizations applicable to or necessary with respect to the System, and which have been obtained from any governmental agency; and the City has or will obtain and keep in full force and effect all franchises, permits, authorization, and other requirements applicable to or necessary with respect to the acquisition, construction, equipment, operation, and maintenance of the System. (m) No Corn etition. It will not operate, or grant any franchise or, to the extent it legally may, permit the acquisition, construction, or operation of any facilities which would be in competition with the System, and to the extent that it legally may, the City will prohibit any such competing facilities. (n) No Arbitrage. The City covenants to and with the purchasers of the Parity Bonds and any Additional Bonds that no use will be made of the proceeds of any of such bonds at any time throughout the term of any of such bonds which, if such use had been reasonably expected on the date of delivery of any of such bonds to and payment therefor by the purchasers, would have caused any of such bonds to be arbitrage bonds within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), or any regulations or rulings pertaining thereto; and by this covenant the City is obligated to comply with the requirements of the aforesaid Code and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds. The City further covenants that the proceeds of all such bonds will not otherwise be used directly or indirectly so as to cause all or any part of such bonds to be or become arbitrage bonds within the meaning of the aforesaid Code, or any regulations pertaining thereto. Section 29. AMENDMENT OF ORDINANCE. (a) The holders or owners of Parity Bonds and Additional Bonds aggregating in principal amount 51% of the aggregate principal amount ofthen outstanding Parity Bonds and Additional Bonds shall have the right from time to time to approve any amendment to this Ordinance which may be deemed necessary or desirable by the City, provided, however, that nothing herein contained shall permit or be construed to permit the amendment of the terms and conditions in this Ordinance or in the Parity Bonds or Additional Bonds so as to: (1) Make any change in the maturity of the outstanding Parity Bonds or Additional Bonds; 27 (2) Reduce the rate of interest borne by any of the outstanding Parity Bonds or Additional Bonds; (3) Reduce the amount of the principal payable on the outstanding Parity Bonds or Additional Bonds; (4) Modify the terms of payment of principal of or interest on the outstanding Parity Bonds or Additional Bonds, or impose any conditions with respect to such payment; (5) Affect the rights of the holders or owners of less than all of the Parity Bonds and Additional Bonds then outstanding; (6) Change the minimum percentage of the principal amount of Parity Bonds and Additional Bonds necessary for consent to such amendment. (b) If at any time the City shall desire to amend the Ordinance under this Section, the City shall cause notice of the proposed amendment to be published in a financial publication of general circulation in The City of New York, New York, once during each calendar week for at least two successive calendar weeks. Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof is on file at the principal office of the Paying Agents for inspection by all holders or owners of Parity Bonds and Additional Bonds. Such publication is not required, however, if notice in writing is given to each holder or owner of Parity Bonds and Additional Bonds. (c) Whenever at any time not less than thirty days, and within one year, from the date of the first publication of said notice or other service of written notice the City shall receive an instrument or instruments executed by the holders or owners of at least 51% in aggregate principal amount of all Parity Bonds and Additional Bonds then outstanding, which instrument or instruments shall refer to the proposed amendment described in said notice and which specifically consent to and approve such amendment in substantially the form of the copy thereof on file with the Paying Agents, the City Council may pass the amendatory ordinance in substantially the same form. (d) Upon the passage of any amendatory ordinance pursuant to the provisions of this Section, this Ordinance shall be deemed to be amended in accordance with such amendatory ordinance, and the respective rights, duties, and obligations under this Ordinance of the City, and all the holders or owners of then outstanding Parity Bonds and Additional Bonds and all future Parity Bonds and Additional Bonds shall thereafter be determined, exercised, and enforced hereunder, subject in all respects to such amendments. (e) Any consent given by the holder or owner of a Parity Bond or Additional Bond pursuant to the provisions of this Section shall be irrevocable for a period of one year from the date of the firstpublication of the notice provided for in this Section, and shall be conclusive and binding upon all future holders or owners of the same Parity Bond or Additional Bond during such period. Such consent maybe revoked at any time after one year from the date of the first publication of such notice by the holder or owner who gave such consent, or by a successor in title, by filing notice thereof with the paying agents and the City, but such revocation shall not be effective if the holders or owners of 51% in aggregate principal amount of the then outstanding Parity Bonds and Additional Bonds as in this Section defined have, prior to the attempted revocation, consented to, and approved the amendment. (f) For the purpose of this Section, the fact of the holding of Parity Bonds or Additional Bonds which are in bearer, coupon form, by any bondholder and the amount and numbers of such bearer Parity Bonds or Additional Bonds and the date of their holding same, may be proved by the affidavit of the person claiming to be such holder or owner, or by a certificate executed by any trust company, bank, banker, or any 28 other depository wherever situated showing that at the date therein mentioned such person had on deposit with such trust company, bank, banker, or other depository, the Parity Bonds and Additional Bonds described in such certificate. The City may conclusively assume that such ownership continues until written notice to the contrary is served upon the City. The ownership of all registered Parity Bonds and Additional Bonds shall be determined from the registration books kept by the registrar therefor. Section 30. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS. (a) Replacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new bond of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond in the manner hereinafter provided. (b) Application for R lacement Bonds. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Bond, the registered owner applying for a replacement bond shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Bond, the registered owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case may be. In every case of damage or mutilation of a Bond, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Bond so damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event any such Bond shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemption premium, if any, or interest on the Bond, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Replacement Bonds. Prior to the issuance of any replacement bond, the Paying Agent/Registrar shall charge the registered owner of such Bond with all legal, printing, and other expenses in connection therewith. Every replacement bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Bonds duly issued under this Ordinance. (e) Authority for Issuing Replacement Bonds. In accordance with Chapter 1201, Texas Government Code, this Section of this Ordinance shall constitute authority for the issuance of any such replacement bond without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form and manner and with the effect, as provided in Section 6(d) of this Ordinance for Bonds issued in conversion and exchange for other Bonds. Section 31. COVENANTS REGARDING TAX-EXEMPTION. The Issuer covenants to refrain from any action which would adversely affect, and to take such action to ensure, the treatment of the Bonds as obligations described in section 103 of the Code, the interest on which is not includable in the "gross income" ofthe holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows: 29 (a) to take any action to assure that no more than 10 percent of the proceeds of the Bonds (less amounts deposited to a reserve fund, if any) are used for any "private business use", as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds are so used, that amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Bonds, in contravention of section 141(b)(2) of the Code; (b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate", within the meaning of section 141(b)(3) of the Code, to the governmental use; (c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (d) to refrain from taking any action which would otherwise result in the Bonds being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (e) to refrain from taking any action that would result in the Bonds being "federally guaranteed" within the meaning of section 149(b) of the Code; (f) to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Bonds, other than investment property acquired with (1) proceeds of the Bonds invested for a reasonable temporary period of 30 days or less in the case of an advance refunding bond and 90 days of less in the case of a current refunding bond, (2) amounts invested in a bona fide debt service fund, within the meaning of section 1.148-1(b) of the Treasury Regulations, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the stated principal amount (or, in the case of a discount, the issue price) of the Bonds; (g) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage), Section 149(g) of the Code (relating to hedge bonds), and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); and (h) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent of the "Excess Earnings", within the meaning of section 148(f) of the Code and to pay to the United States 30 of America, not later that 60 days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code. For purposes of the foregoing (a) and (b), the Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the Bonds. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify, or expand provisions of the Code, as applicable to the Bonds, the Issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally-recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Bonds, the Issuer agrees to comply with the additional requirements to the extent necessary and reasonably possible, in the opinion of nationally-recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In furtherance of such intention, the Issuer hereby authorizes and directs the Mayor to execute any documents, certificates or reports required by the Code and to make such elections, on behalf of the Issuer, which may be permitted by the Code as are consistent with the purpose for the issuance of the Bonds. The Issuer covenants to comply with the covenants contained in this section after defeasance of the Bonds. In order to facilitate compliance with the above covenant (h), a "Rebate Fund" is hereby established by the Issuer for the sole benefit of the United States of America, and such fund shall not be subject to the claim of any other person, including without limitation, the owners of the Bonds. The Rebate Fund is established for the additional purpose of compliance with Section 148 of the Code. Section 32. DISPOSITION OF PROJECT. The Issuer covenants that the property constituting the projects financed or refinanced with proceeds of the Refunded Bonds will not be sold or otherwise disposed in a transaction resulting in the receipt by the Issuer of cash or other compensation, unless the Issuer obtains an opinion of nationally-recognized bond counsel that such sale or other disposition will not adversely affect the tax-exempt status of the Bonds. For purposes of the foregoing, the portion of the property comprising personal property and disposed of in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 33. INTEREST EARNINGS ON BOND PROCEEDS. Interest earnings derived from the investment of proceeds from the sale of the Initial Bonds, other than proceeds deposited in the Interest and Sinking Fund and the Reserve Fund, shall be used along with other available proceeds for improving the System; provided that after completion of the improvements if any of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided, however, that any interest earnings on bond proceeds which are required to be rebated to the United States of America pursuant to the Covenants Regarding Tax-Exemption herein so as to prevent the Bonds from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this Ordinance. Section 34. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSEL'S OPINION, CUSIP NUMBERS, PREAMBLE, AND INSURANCE. The Mayor of the Issuer is hereby authorized to have control of the Initial Bonds issued hereunder and all necessary records and proceedings pertaining to the Initial Bond pending their delivery and the investigation, examination, and approval by the Attorney General of the State of Texas, and the registration by the Comptroller of Public Accounts of the 31 State of Texas. Upon registration of the Initial Bond said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate on the Initial Bond, and the seal of said Comptroller shall be impressed, or placed in facsimile, on the Initial Bonds. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Initial Bond or on any Bonds issued and delivered in conversion of and exchange or replacement of any Bond, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Bonds. The preamble to this Ordinance is hereby adopted and made a part hereof for all purposes. If insurance is obtained on any of the Bonds, the Initial Bond and all other Bonds shall bear an appropriate legend concerning insurance as provided by the insurer. Section 35. SALE OF INITIAL BOND; BOND INSURANCE. (a) The Initial Bond is hereby sold and shall be delivered to , as representative of the underwriters named therein, in accordance with the Purchase Contract dated the date of this meeting and presented to the City Council of the City at this meeting. The Mayor of the Issuer is authorized and directed to execute, on behalf of the Issuer, said Purchase Contract in the form and substance submitted at this meeting. (b) Pursuant to the conditions of issuance and other requirements of (the "Insurer" or " the issuer of the (the "Policy") relating to the Bonds, to the extent permitted by law, the provisions of the "PAYMENTS UNDER THE POLICY/OTHER REQUIRED PROVISIONS" as attached hereto as Exhibit B are approved and incorporated herein for all purposes. Defined terms words and phrases used therein, to the extent not defined therein, shall have the following meanings: "Business Day" shall mean a day other than a Saturday or Sunday on which (a) banks located in Dallas, Texas or in New York, New York are not required or authorized by law or executive order to close for business and (b) The New York Stock Exchange is not closed. "Obligations" shall mean Bonds. "Paying Agent/Trustee" shall mean Paying Agent/Registrar. "Bondholder" or "Holder" shall mean the registered owners of the Bonds. "Indenture" shall mean this Resolution. "Annual Budget" shall mean the annual budget prepared by the Issuer. Section 36. OFFICIAL STATEMENT. An Official Statement dated as of the date of this meeting has been prepared in connection with the sale of the Initial Bonds and the Bonds, in the form and substance submitted at this meeting. Said Official Statement and any supplement or addenda thereto have been and are hereby approved, and their use in the offer and sale of the Bonds is hereby approved. It is further officially found, determined, and declared that the statements and representations contained in said Official Statement are true and correct in all material respects, to the best knowledge and belief of the Issuer. The distribution and use of the Preliminary Official Statement dated May 2005, prior to the date hereof is hereby ratified and approved. Section 37. REFUNDING OF REFUNDED BONDS. Concurrently with the delivery of the Initial Bonds the Issuer shall deposit an amount from the proceeds from the sale of the Initial Bonds with JPMorgan Chase Bank, National Association, as Escrow Agent, sufficient, together with other available amounts, to 32 refund all of the Refunded Bonds in accordance with Chapter 1207, Texas Government Code, as amended. The Issuer hereby authorizes the execution of the Escrow Agreement dated as of May 15, 2005 between the Escrow Agent and the Issuer. The Mayor of the Issuer is authorized and directed to execute, on behalf of the Issuer, said Escrow Agreement in the form and substance presented to this meeting. It is hereby found and determined that the refunding of the Refunded Bonds is advisable and necessary in order to restructure the debt service requirements and procedures of the Issuer, and that the debt service requirements on the Bonds will be less than those on the Refunded Bonds, resulting in a reduction in the amount of principal and interest which otherwise would be payable both on an actual and a present value basis being an actual gross debt service savings of approximately $ and a present value debt service savings of approximately $ Section 38. REDEMPTION OF REFUNDED BONDS. There is attached hereto as Exhibit C and made a part hereof for all purposes a notice of redemption for the Refunded Bonds, which Refunded Bonds are hereby called for redemption, and shall be redeemed, prior to their scheduled maturities, on the date, at the place, and at the price, set forth therein; the Issuer shall cause the appropriate notices of such redemption to be given in accordance with the requirements of the respective proceedings authorizing the issuance of such Refunded Bonds; and due provision shall be made by the Issuer in accordance with law for the payment of the redemption price of said bonds by the place of payment (paying agent) for such Refunded Bonds. Section 39. DTC REGISTRATION. The Bonds initially shall be issued and delivered in such manner that no physical distribution of the Bonds will be made to the public, and The Depository Trust Company ("DTC"), New York, New York, initially will act as depository for the Bonds. DTC has represented that it is a limited purpose trust company incorporated under the laws of the State of New York, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered under Section 17A of the federal Securities Exchange Act of 1934, as amended, and the Issuer accepts, but in no way verifies, such representations. The Initial Bond authorized by this Ordinance shall be delivered to and registered in the name of the Purchaser. However, it is a condition of delivery and sale that the Purchaser, immediately after such delivery, shall cause the Paying Agent/Registrar, as provided for in this Ordinance, to cancel said Initial Bond and deliver in exchange therefor a substitute Bond for each maturity of such Initial Bond, with each such substitute Bond to be registered in the name of CEDE & CO., the nominee of DTC, and it shall be the duty of the Paying Agent/Registrar to take such action. It is expected that DTC will hold the Bonds on behalf of the Purchaser and/or the DTC Participants, as defined and described in the Official Statement referred to and approved in Section 36 hereof (the "DTC Participants"). So long as each Bond is registered in the name of CEDE & CO., the Paying Agent/Registrar shall treat and deal with DTC in all respects the same as if it were the actual and beneficial owner thereof. It is expected that DTC will maintain a book entry system which will identify beneficial ownership of the Bonds by DTC Participants in integral amounts of $5,000, with transfers of ownership being effected on the records of DTC and the DTC Participants pursuant to rules and regulations established by them, and that the substitute Bonds initially deposited with DTC shall be immobilized and not be further exchanged for substitute Bonds except as hereinafter provided. The Issuer is not responsible or liable for any functions of DTC, will not be responsible for paying any fees or charges with respect to its services, will not be responsible or liable for maintaining, supervising, or reviewing the records of DTC or the DTC Participants, or protecting any interests or rights of the beneficial owners of the Bonds. It shall be the duty of the Purchaser and the DTC Participants to make all arrangements with DTC to establish this book-entry system, the beneficial ownership of the Bonds, and the method of paying the fees and charges of DTC. The Issuer does not represent, nor does it in any way covenant that the initial book-entry system established with DTC will be maintained in the future. The Issuer reserves the right and option at any time in the future, in its sole discretion, to terminate the DTC (CEDE & CO.) book-entry only registration requirement described above, and to permit the Bonds to be registered in the name of any owner. If the Issuer exercises its right and option to terminate such requirement, it shall give written notice of such termination 33 to the Paying Agent/Registrar and to DTC, and thereafter the Paying Agent/Registrar shall, upon presentation and proper request, register any Bond in any name as provided for in this Ordinance. Notwithstanding the initial establishment of the foregoing book-entry systeni with DTC, if for any reason any of the originally delivered substitute Bonds is duly filed with the Paying Agent/Registrar with proper request for transfer and substitution, as provided for in this Ordinance, substitute Bonds will be duly delivered as provided in this Ordinance, and there will be no assurance or representation that any book-entry system will be maintained for such Bonds. Section 40. COMPLIANCE WITH RULE 15c2-12. (a) Annual Retorts. (i) The Issuer shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year ending in or after 2005, financial information and operating data with respect to the Issuer of the general type included in the final Official Statement authorized by Section 36 of this Ordinance, being the information described in Exhibit A hereto, which Exhibit is attached to and incorporated in this Ordinance as if written word for word herein. Any financial statements so to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit A hereto, or such other accounting principles as the Issuer may be required to employ from time to time pursuant to state law or regulation, and (2) audited, if the Issuer commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the Issuer shall provide unaudited financial statements by the required time and will provide audited financial statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such statements become available. (ii) If the Issuer changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (b) Material Event Notices. The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Bonds; 7. Modifications to rights of holders of the Bonds; 8. Bond calls; 34 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Bonds; and 11. Rating changes. The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the Issuer to provide financial information or operating data in accordance with subsection (a) of this Section by the time required by such subsection. (c) Limitations, Disclaimers. and Amendments. (i) The Issuer shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the Issuer in any event will give the notice required by Subsection (b) hereof of any Bond calls and defeasance that cause the Issuer to no longer be such an "obligated person". (ii) The provisions of this Section are for the sole benefit of the registered owners and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The Issuer does not make any representation or warranty-concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. (iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER, ITS OFFICERS, AGENTS AND EMPLOYEES, BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (iv) No default by the Issuer in observing or performing its obligations under this Section shall comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer under federal and state securities laws. (v) The provisions of this Section may be amended by the Issuer from time to time to adapt to changed circumstances that arise from a change in'legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the registered owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as nationally recognized bond counsel) determined that such amendment will not materially impair the interest of the registered owners and beneficial owners of the Bonds. If the 35 Issuer so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (a) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. The Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds. (d) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. Section 41. PROTECTION OF PLEDGE. Chapter 1208, Government Code, applies to the issuance of the Bonds and the pledge of the revenues granted by the Issuer under Section 9 of this Ordinance, and is therefore valid, effective, and perfected. If Texas law is amended at any time while the Bonds are outstanding and unpaid such that the pledge of the revenues granted by the Issuer under Section 9 of this Ordinance is to be subject to the filing requirements of Chapter 9, Texas Business & Commerce Code, then in order to preserve to the registered owners of the Bonds the perfection of the security interest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, Texas Business & Commerce Code and enable a filing to perfect the security interest in said pledge to occur. Section 42. FURTHER PROCEDURES. The Mayor of the Issuer, the City Secretary of the Issuer, and all other officers, employees, and agents of the Issuer, and each of them, shall be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver in the name and under the corporate seal and on behalf of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Bond Ordinance, the Bonds, the sale of the Bonds, and the Official Statement; and the Assistant City Manager/Finance of the City shall cause the expenses of issuance of the Bonds to be paid from the proceeds of sale of the Initial Bonds or from other lawfully available funds of the Issuer. In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. Section 43. OPEN MEETINGS. The City Council has found and determined that the meeting at which this Ordinance is considered is open to the public and that notice thereof was given in accordance with the provisions of the Texas Open Meetings, Law, Tex. Gov't. Code, Chapter 551, as amended. i 36 Section 44. REPEALER. All indentures, ordinances or resolutions, or parts thereof, that are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. Section 45. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its passage and approval. 37 PASSED AND APPROVED this the 24th day of May, 2005. EMine Brock, Mayor ATTEST: Jennifer Walters, City Secretary APPROVED AS TO LEGAL FORM: Edwin M. Snyder, I erim City torney By: i 38 SCHEDULE 1 Utility System Revenue Bonds, Series 1998 Principal Principal Original Original Interest Amount Amount Dated Date Maturity Rate Outstanding Refunded 3/15/1998 12/1/2011 4.80% $360,000 $360,000 12/1/2012 5.00% 360,000 360,000 12/1/2013 5.00% 355,000 355,000 12/1/2014 5.00% 355,000 355,000 12/1/2015 5.00% 355,000 355,000 1211/2016 5.00% 355,000 355,000 12/1/2017 5.00% 355,000 355,000 The 2011 - 2017 maturities will be redeemed prior to its original maturity on December 1, 2008 at par. Utility System Revenue Refunding Bonds, Series 1998A Principal Principal Original Original Interest Amount Amount Dated Date Maturity Rate Outstanding Refunded 7/15/1998 12/1/2011 4.850% $1,065,000 $1,065,000 12/1/2012 4.900% 1,120,000 1,120,000 12/1/2013 5.000% 1,175,000 1,175,000 12/1/2014 5.050% 1,235,000 1,235,000 12/1/2015 5.100% 1,300,000 1,300,000 12/1/2016 5.125% 1,370,000 1,370,000 12/1/2017 5.125% 1,440,000 1,440,000 12/1/2018 5.125% 1,515,000 1,515,000 The 2011-2018 maturities will be redeemed prior to original maturity on December 1, 2008 at par. Utility System Revenue Bonds, Series 2000A Principal Principal Original Original Interest Amount Amount Dated Date Matjty Rate Outstanding Refunded 4/15/2000 12/1/2013 5.400% $ 2,935,000 $ 2,935,000 12/1/2014 5.500% 3,095,000 3,095,000 12/1/2015 6.000% 3,285,000 3,285,000 12/1/2016 6.000% 3,485,000 3,455,000 12/1/2017 6.000% 3,700,000 3,700,000 12/1/2018 5.600% 3,915,000 3,915,000 12/1/2019 5.625% 4,145,000 4,145,000 The 2013-2019 maturities will be redeemed prior to original maturity on December 1, 2010 at par. 39 Utility System Revenue Bands, Taxable Series 2000B Principal Principal Original Original Interest Amount Amount Dated Date Maturity Rate Outstanding Refunded 4/15/2000 12/1/2014(') 7.80% $ 1,465,000 $ 1,465,000 The 2014 maturity will be redeemed prior to original maturity on December 1, 2010 at par. (1) The 2014 maturity is a term bond with scheduled annual mandatory sinking fund redemptions on December 1 of each year commencing December 1, 2011. Utility System Revenue Bonds, Taxable Series 2002B Principal Principal Original Original Interest Amount Amount Dated Date Maturity Rate Outstanding Refunded 4/1/2002 1211120171) 6.50% $ 3,370,000 $ 3,370,000 12/1/2021(2) 6.75% 4,475,000 4,475,000 The 2017 and 2021 maturities will be redeemed prior to original maturity on December 1, 2012 at par. (1) The 2017 maturity is a term bond with scheduled annual mandatory sinking fund redemptions on December i of each year commencing December 1, 2014. (2) The 2021 maturity is a term bond with scheduled annual mandatory sinking fund redemptions on December 1 of each year commencing December 1, 2018. 40 EXHIBIT A DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 40 of this Ordinance: Annual Financial Statements and Operating Data The financial information and operating data with respect to the Issuer to be provided annually in accordance with such Section are as specified (and.included in the Appendix or under the tables of the Official Statement referred to) below: Tables numbered 1 through 10, inclusive, under the captions "The Electric System", "The Water System", "The Wastewater System", "Debt Information" and "Financial Information" in the Official Statement. Appendix C in the Official Statement. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to in the paragraph above. 41 EXHIBIT B PAYMENTS UNDER THE POLICY/OTHER REQUIRED PROVISIONS EXHIBIT C NOTICE OF PRIOR REDEMPTION THE CITY OF DENTON, TEXAS NOTICE IS HEREBY GIVEN that the City of Denton, Tcxas has called for redemption the outstanding Bonds ofthe City described as follows: CITY OF DENTON (TEXAS) U"I' ITY SYSTEM REVENUE BONDS, SERIFS 1998, dated March 15,1998, scheduled to maitre on December 1, 2011 through December 1, 2017 in the principal amount of $2,495,000 (and being all of the outstanding bonds of said series scheduled to mature on and after December 1, 2011). Call date: December 1, 2WS redeemable at a remotion price of par plus accrued interest at the principal corporate offices of JPMorgan Chase Back, National Association, only upon presentation by the registered owner. CITYOFDENTON (T'EXAS)I JTILITYSYSTEMREVENUEREFUNDING BONDS, SERIES 1998A datedduly 15,1998, scheduled to mature December 1, 2011 through December 1, 2018, aggregating $10,220,000 (andbefng all ofthe outstanding bonds of said series scheduled to manure on December 1, 2011 through December 1, 2018). Call date: December 1, 2" redeemable at a redemption price of par plus accrued interest at the principal corporate offices of JPMorgan Chase Bank, National Association, only upon presentation by the registered owner. CITY OF DO-;TON (TEXAS) UTILITY SYSTEM REV04UE BONDS, SERIES 2000A, dated ApnI 15, 2000, scheduled to manure on December 1, 2013 through December 1, 2019, aggregating $24,560,000 (and being all of the outstanding bonds of said series scheduled to mature on and after December 1, 2013). Call date: December 1, 2011h, redeemable at a redemption price ofpar plus accrued interest atthe principal corporate offices of JPMorgrn Chase Hank, National Association only upon presentation by the registered owner. CITY OFDENTON (TEXAS) UTILITY SYSTEM REVENUE 13ONDS,TAXABLE SERIES 2000B, dated April 15, 2000, schedulcdto mature on December 1, 2014, aggregating $1,465,000 (and being all ofthe outstanding bonds of said series schodudedto mature on December 1, 2014). Call date: December 1, 2010; redeemable at a redemption price of parplus accrued interest at the principal corporate offices of JPMorgan Chase Bank, National Association only upon presentation by the registered owner CITY OF DENTON (TEXAS) U nI 1TY SYSTEM REVENUE BONDS, TAXABLE SERIES 2002B, dated April 1, 2002, scheduled to mat= on December 1, 2017 and on December 1, 2021, aggregating $7,945,000 (and being all ofthe outstanding bonds of said series scheduled to mature on and after December 1, 2017). Call date: December 1, 2012; redeemable at a redemption price ofpar plus accrued interest at the principal corporate offices of JPMorg n Chase Bank, National Association only upon presentation by the registered owner. If moncys sufficient for the payment of such redemption price are held by or on beh alf o f the respective paying agent, the dmTibed Bonds shall become due and payable on the redemption date specified, and the ingest thereon shall cease to accrue from and after the redemption date. Under the provisions of the Jobs and Growth Tax Relief Reomciliation Act of 2003 (the "Act"), paying agents making payments ofint=st or principal on municipal securities may be obligated to withhold a 28% tax from remittance to individuals who have failed to famish The paying agent with a valid taxpayer identification number Owners oftheBonds whowish toavoid theimposition ofthetaxshould submit certifiedtaxpayeridentilicationnumberswhen limsertingthe Bonds for payment. NOTICE IS FURTHER GIVEN that all Bonds described above should be subFmtted to the following address: JPMorgan Chase Bank, National AsWdapon (successor to Bank One, Texas, N.A.) 2001 Bryan Street, 10th Floor Dallas, Texas 75201 Attn: Brad Hounsel Dated: .12005 By: JPMorgan Chase Bank, National Association AGENDA INFORMATION SHEET AGENDA DATE: May 24, 2005 DEPARTMENT: Fire Department CM/DCM/ACM: Jon Fortune, Assistant City Manager SUBJECT: Receive a report, hold a discussion, and give staff direction regarding a letter to the Denton County Judge and Commissioners Court on Fire and Emergency Medical Services (EMS) funding. BACKGROUND: On February 1, 2005, Fire Department Staff presented a report to the City Council on Denton County funding for fire and emergency ambulance services contracts. The Council approved the contracts; however, Council requested further discussion due to the lack of full cost recovery on the City services provided to County taxpayers who do not pay City taxes. Staff recommended dialog between the City Council and the County Commissioners Court before or during the budget process and prior to approving new contracts for emergency ambulance services and fire response into the County. On March 22, 2005, as part of an overall discussion on County funding issues, Fire Department Staff again presented information to Council concerning County funding for fire and EMS services. The City Council expressed their concerns with the funding formula since several cities in Denton County who do not provide emergency ambulance services still receive reimbursement based on their populations. Council also indicated their concern on the lack of any increased allocation for emergency ambulance service by the County in spite of the rapid growth. The City Council asked Staff to take a hard look at the FY2005/2006 contracts. The City Manager told the Council that Staff would prepare comments and documentation to bring forward to the Council for them to present to Commissioners Court. Attached is a proposed letter from Mayor Euline Brock and the City Council to Judge Mary Horn and the Commissioners Court expressing their concerns with County funding for fire and EMS and requesting more input on any future agreements providing these valuable public safety services. Staff is requesting discussion on the contents of the letter and seeking direction on how best to proceed. Respectfully Submitted: Ross Chadwick Fire Chief Attachments: Proposed Letter from Mayor Euline Brock and the City Council to County Judge Mary Horn and the Commissioners Court 1 qty ofITO: Mary Horn, County Judge Denton County Commissioners Court FROM: Euline Brock, Mayor DRAFT City of Denton City Council DATE: May 24, 2005 SUBJECT: COUNTY FUNDING ISSUES - FIRE $ EMS RELATED The City of Denton's Fire Department provides emergency services to certain areas outside its City limits. The Denton Fire Department provides advanced life support (ALS- paramedics) emergency ambulance services to some small cities (currently Ponder and Sanger) by way of interlocal agreements within the County and also provides ALS emergency medical services (EMS), including emergency ambulance services, and fire services to unincorporated areas of the County determined annually by its contracts. DENTON COUNTY EMERGENCY AMBULANCE INTERLOCAL AGREEMENT: The interlocal agreement for ambulance services between the City of Denton and Denton County began in 1980 and provides for emergency ambulance services to unincorporated areas of Denton County determined by our annual agreement. Each year a new agreement and ordinance are presented to the Denton City Council for the fiscal year approving the fee established by the County that it will pay to the City of Denton for service using a County- wide funding formula based on: (1) population served on January 1 of the previous year; (2) number of ambulance calls in the unincorporated County area: and, (3) the unincorporated rural square miles in the County. The population and square mileage figures used are based on numbers obtained from the North Central Texas Council of Governments and the runs are from the previous year. This funding formula has not changed over the past several years. In spite of its rapid growth, the County has not increased the total annual amount it budgets to fund ambulance services in the County unincorporated areas for several years. Using the same funding formula and with the same allocation, the County has only redistributed those funds based on the changing populations, rural square miles and number of calls each year. They have continued to use $750,000 as the total allocation for County Ambulance Funding. As a matter of fact, the $750,000 was actually reduced to $730,000 for the FY2004/2005. Therefore, the $730,000 is divided into thirds, which equals $243,333 for each category. Each category's funding ratio is determined by dividing $243,333 by the total population covered; $243,333 by the number of calls in the County area; and, $243,333 by total rural square miles served in the County area. Page 1 of 5 DRAFT The total estimated revenue to the City of Denton of $188,055.00 for providing emergency ambulance services in the County for FY2004/2005 is based on the funding formula ratios as follows: 1. A fixed readiness sum for population based on .484751233 per capita for an estimated maximum amount of $52,778.79. 2. A sum of $399.5615764 per ambulance run for an estimated maximum amount of $41,554.40. This sum is based upon the number of runs made in the County areas for fiscal year 2004. 3. A fixed sum based on 211.83 rural miles in the agreed operating territory for an estimated maximum amount of $93,584.18. In addition to the above, for FY2004/2005 the County is allowing the local ambulance provider to bill for transports which increases the actual amount recovered per ambulance run in the County. Following is the four (4) year history of the ambulance-funding ratio in the County and the resulting amounts allocated to the City of Denton: READINESS- POPULATION: County Population 434,396 463,866 489,263 501,975 Denton Population 111,200 107,038 109,162 109,162 Denton's % of Total 25.6% 23.1% 22.3% 21.7% County Funding Formula Rate 0.5561 0.5389 0.5110 0.4848 County Readiness Funding Total $250,000 $250,000 $250,000 $243,333 Total County Ambulance Runs 648 712 712 609 Denton Runs to County 316 323 275 104 Denton's % of Total 48.8% 45.5% 38.6% 17.1% County Funding Formula Rate $385.80 $351.12 $351.12 $399.56 County Runs Funding Total $250,000 $250,000 $250,000 $243,333 RURAL • Unincorporated Square Miles 612.19 574.22 551.79 550.79 Denton's Covered Square Miles 285.38 280.25 214.83 211.83 Denton's % of Total 46.6% 48.8% 38.9% 38.5% County Funding Formula Rate $408.37 $435.37 $453.07 $441.79 Runs Funding Total $250,000 $250,000 $250,000 $243,333 COUNTY FUNDING TO DENTON Page 2 of 5 DRAFT Concerns of County Funding of Emergency Ambulance Services: 1. City of Denton residents unfairly subsidize County funding of emergency ambulance services. City residents pay the exact same County taxes that unincorporated residents who receive the services do. City residents also subsidize the costs by paying City taxes to provide County services at less than full cost recovery. The County has justified this in the past by providing the "readiness" reimbursement based on municipal populations as a means to repay the cities' taxpayers. However, several cities that do not provide emergency ambulance services directly benefit from this reimbursement under the emergency ambulance formula. 2. The costs to the City of Denton to provide these services continue to increase with no increase in County funding. The County Fire Chiefs Association has long complained of the inadequate funding and asked for increases to the $750,000. It has also argued for an updated funding formula. For example, using the funding formula, some cities actually receive funding because of population or square miles but actually provide no emergency ambulance services. The County Fire Chiefs Association has created a committee to present recommendations to the Association and ultimately to Commissioners Court on ways to improve and increase County funding for EMS. The City of Denton's Fire Department budget to provide fire and EMS has increased 29.4% in the last five years. In its strategic planning, Fire Department Staff makes the following estimations regarding the cost to provide the emergency ambulance services based on FY2003/2004 costs. Keep in mind that current costs will be higher. Denton Fire Units Responding Cost Per Ambulance Response Ambulance Only $601.23 Ambulance and Engine $1,354.57 Average Cost Recovery for Billable Calls $240.00 3. This ongoing interlocal agreement is often delayed in the County's legal approval process, which also includes review by the Denton County Fire Chiefs Association as well as approval by the Commissioners Court as part of their budget process. The contract is usually approved after its official starting date. 4. The City receives no "first responder" fees for the fire engine it responds to every EMS call if the incident is a medical call in the Mayhill-Cooper Creek because it has the ambulance agreement. The County traditionally has not paid the same jurisdiction for both. However, they paid the Mayhill-Cooper Creek a first responder fee when the City's ambulance responded. This first responder fee should be paid to the City for a fire engine response as the first responder just as it was to Mayhill-Cooper Creek. 5. County funding is always a year behind in its determination of fees. Page 3 of 5 DRAFT DENTON COUNTY "FIRE" INTERLOCAL AGREEMENT: The interlocal agreement for fire service between the City of Denton and Denton County provides fire protection services by the Denton Fire Department to the County areas previously served by the Mayhill-Cooper Creek Volunteer Fire Department and a small portion of the Lake Cities Fire District now adjacent to the newly annexed City property in the southwest portion of Teasely (FM 2181). In 2003, Denton County requested that the City of Denton provide fire protection to the designated area due to Mayhill-Cooper Creek's continuing lack of sufficient resources to provide a proper response to fire calls. The City had historically responded into Mayhill's District on mutual aid because of their lack of resources. However, the County did not reimburse the City; they reimbursed Mayhill. Due to the fact the Fire Department was responding anyway with no reimbursement, the City pursued a contract with the County when Mayhill District could no longer meet its contractual requirements. The County also requested in 2004 that the City respond to a small area next to the new DISD high school on FM 2181 and Old Alton Road since the City of Denton's response time to the area is much quicker than Lake Cities Fire Department. In addition to an upfront annual payment of $10,000, the County pays a set figure per incident that is $368.10 per call in our current contract. Concerns of County Funding of Fire Services: 1. City of Denton residents unfairly subsidize County funding of fire responses by City Fire Department resources. City residents pay the exact same County taxes that unincorporated residents who receive the services do. City residents also subsidize the costs by paying City taxes to provide County services at less than full cost recovery. 2. The costs to provide these services continue to increase at a higher rate than the increased granted by the County. The County Fire Chiefs Association has long complained of the inadequate funding and continues to lobby for a higher and adequate funding rate. The County Fire Chiefs Association has created a committee to present recommendations to the Association and ultimately to Commissioners Court on ways to improve and increase County funding for fire services. The City of Denton's Fire Department budget to provide fire and EMS has increased 29.4% in the last five years. In its strategic planning, Fire Department Staff makes the following estimations regarding the cost to provide fire services based on FY2003/2004 costs: Page 4 of 5 DRAFT Denton Fire Units Responding Cost Per Fire ResponsEW Engine Only $731.83 First Alarm Structure Fire Response $7,016.40 2 Fire Engines $1,463.66 1 Quint Engine $1,003.13 1 105' Ladder Truck $3,881.29 1 Ambulance $568.32 1 Battalion Chief $100.00 3. This ongoing interlocal agreement is often delayed in the County's legal approval process, which also includes review by the Denton County Fire Chiefs Association as well as approval by the Commissioners Court as part of their budget process. The contract is usually approved after its official starting date. 4. The interlocal agreement is a savings for the County due to the fact they paid the Mayhill-Cooper Creek an additional "emergency grant" each year ($25,000) for the maintenance of their equipment. In addition, the City receives no "first responder" fees if the incident is a medical call because it has the ambulance agreement. 5. County funding is always a year behind in its determination of fees. The Denton City Council desires emergency ambulance services and fire services County contracts with full cost recovery so City taxpayers do not subsidize County residents who do not pay City of Denton taxes yet receive City-level EMS and fire services. EULINE BROCK Mayor, City of Denton Page 5 of 5 AGENDA INFORMATION SHEET AGENDA DATE: May 24, 2005 DEPARTMENT: Planning and Development Department CM/DCM/ACM: Jon Fortune, Assistant City Manager SUBJECT- SI05-0010: (Multifamily Bond and Tax Credit Projects) Receive a report, hold a discussion and give staff direction on multi-family Texas Bond Projects and Tax Credit Projects. BACKGROUND On May 9, 2005, Staff provided the City Council with information concerning Low-Income Housing Tax Credit (LIHTC) Projects and to discuss the City's policy on support of additional Tax Credit Projects in Denton. The City Council directed staff to provide the following additional information: 1. What is the length of ownership requirements; 2. What other urban municipalities have more than twice the state average of units per capita supported by the Tax Credit and Bond Revenue programs; 3. Have any low-income housing tax credit applications been approved by the other urban municipalities since the new requirement for municipality approval; and 4. Are there conditions that can be placed on these projects, and if so, what mechanisms can be used to enforce these conditions? Tax credit benefits are lost if the project fails to meet state and federal standards every year for each of the 15 years of the compliant period. Properties are then monitored for an additional 15 years to maintain affordability. The total length of ownership requirement is 30 years. Table 1 lists other urban Texas municipalities having more than twice the state average of units per capita supported by the Tax Credit and Bond Revenue programs. Tables 2 and 3 lists Denton County Cities and selected Cities Outside Denton County, each city's unit per capita, and the relationship to the state's average of units per capita. Tables 4A and 4B identify those cities with approved low-income housing tax credit applications since the 2004 requirement for municipality approval of Tax Credit and Bond Revenue Program applications. Table 5 lists the low-income housing tax credit projects in Denton County Cities. According to Brooke Boston, Director of Multifamily Finance Production for the Texas Department of Housing & Community Affairs (TDHCA), 252 units is the maximum number of units (both market and low-moderate) allowed by the program. Ms. Boston's group monitors program participants to ensure that the total number of units does not exceed the maximum amount. Once a municipality gives its consent for an application, it can't be withdrawn. Enforcement of any site design standards is the responsibility of the municipality and not TDHCA. The city of Denton can require an overlay district to incorporate specific design standards or a development agreement whereby the program applicant agrees that if the final site design does not conform to the agreed standards, the City may withhold all building permits. I Table 1 Place Unit Place Per Capita Per Ratio to TX Per Place Name County Name Capita Capita Average Hitchcock Galveston 0.0398 6.117 Webster Harris 0.0348 5.345 San Marcos Hays 0.0304 4.678 Balcones Heights Bexar 0.0281 4.321 Meadows Place Fort Bend 0.0274 4.214 Pflugerville Travis 0.0265 4.070 Port Arthur Jefferson 0.0252 3.880 Jersey Village Harris 0.0222 3.413 McKinney Collin 0.0198 3.044 Lancaster Dallas 0.0197 3.024 Desoto Dallas 0.0195 3.003 Conroe Montgomery 0.0194 2.981 South Houston Harris 0.0191 2.934 Corinth Denton 0.0183 2.818 Humble Harris 0.0178 2.736 Little Elm Denton 0.0168 2.583 Waxahachie Ellis 0.0160 2.470 Katy Harris 0.0160 2.460 Cedar Park Williamson 0.0159 2.449 Ingleside San Patricio 0.0156 2.401 Denton Denton 0.0156 2.398 Jacinto City Harris 0.0155 2.394 Dallas Dallas 0.0152 2.336 Anthony El Paso 0.0147 2.267 Seagoville Dallas 0.0143 2.200 Freeport Brazoria 0.0139 2.148 Azle Tarrant 0.0137 2.117 Stafford Fort Bend 0.0136 2.097 Seguin Guadalupe 0.0132 2.038 Cleburne Johnson 0.0131 2.011 Source: Texas Department of Housing and Community Affairs as of 4/05/05 Note: State Average Per Capita is.00651 2 Table 2 M I Place Place Per Ratio greater than 2 County Unit Per Capita/TX times TX Per Capita Place Name Name Area Type Capita Per Capita Average Argyle Denton Urban 0.0000 0.000 No Corinth Denton Urban 0.0183 2.818 Yes Denton Denton Urban 0.0156 2.398 Yes Flower Mound Denton Urban 0.0000 0.000 No Highland Village Denton Urban 0.0000 0.000 No Krum Denton Rural 0.0000 0.000 No Lewisville Denton Urban 0.0088 1.351 No Little Elm Denton Urban 0.0168 2.583 Yes Sanger Denton Rural 0.0406 6.232 Yes The Colony Denton Urban 0.0000 0.000 No Source: Texas Department of Housing and Community Affairs as of 4/05/05 Table 3 Place Unit Place Per County Per Capita/TX Per Ratio greater than 2 Place Name Name Area Type Ca ita Capita times TX Per Capita Arlington Tarrant Urban 0.0096 1.478 No Addison Dallas Urban 0.0000 0.000 No Dallas Dallas Urban 0.0152 2.336 Yes Desoto Dallas Urban 0.0195 3.003 Yes Farmers Branch Dallas Urban 0.0000 0.000 No Fort Worth Tarrant Urban 0.0104 1.604 No Frisco Collin Urban 0.0046 0.707 No Haltom City Tarrant Urban 0.0018 0.280 No Hurst Tarrant Urban 0.0082 1.260 No Lancaster Dallas Urban 0.0197 3.024 Yes McKinney Collin Urban 0.0198 3.044 Yes North Richland Hills Tarrant Urban 0.0080 1.228 No Plano Collin Urban 0.0032 0.409 No Southlake Tarrant Urban 0.0000 0.000 No Source: Texas Department of Housing and Community Affairs as of 4/05/05 3 Table 4A LIHTC Board Project Amt Total LIHTC Approval Development Name Project City County Awarded Units Units 7/28/2004 Preston Trace Apartments Frisco Collin $140,298 40 38 5/13/2004Ever reen Plano Parkway Plano Collin $585,335 250 250 7/8/2004 Sphinx at Delafield Dallas Dallas $729,073 204 204 7/28/2004 Frazier Fellowship Dallas Dallas $553,780 76 60 7/28/2004 Shiloh Village Apartments Dallas Dallas $800,000 168 168 7/28/2004 Primrose Highland Dallas Dallas $935,153 150 120 8/7/2004 The Masters Apartments Dallas Dallas $752,170 144 144 12/13/2004 Providence Village Fair Dallas Dallas $995,291 236 236 3/12/2004 Hickory Manor Apartments DeSoto Dallas $579,425 188 188 1/13/2004 Primrose Crist Garland Dallas $596,042 204 204 7/28/2004 Renaissance Courts Denton Denton $993,822 150 120 11/12/2004Evergreen Lewisville Senior Apartments Lewisville Denton $506,556 218 218 11/12/2004 Lakeside Manor Senior Community Little Elm Denton $428,143 178 178 4/8/2004 Chisolm Trail Apartments Houston Harris $826,184 228 228 5/13/2004 Primrose Aldine Bender Apartments Houston Harris $848,953 248 248 6/28/2004 Bristol Apartments Houston Harris $898,771 248 248 7/28/2004 Oxford Place Houston Harris $1,200,000 250 200 7/28/2004 Commons of Grace Senior Houston Harris $759,068 108 86 7/28/2004Lansbourou h Apartments Houston Harris $1,003,544 176 141 7/28/2004 Kensington Place Apartments Houston Harris $542,560 216 216 8/7/2004 Cornerstone Village Apartments Houston Harris $415,267 156 156 9/9/2004 Uvalde Ranch Apartments Houston Harris $604,806 244 244 12/13/2004 The Pinnacle on Wilcrest Houston Harris $637,260 250 250 12/13/2004 Pepper Tree Apartments Houston Harris $642,993 250 250 12/13/2004Fairlake Cove Apartments Houston Harris $529,664 200 200 5/13/2004 Pinnacle Apartments Houston-ETJ Harris $707,967 248 248 7/28/2004 Katy Manor Apartments Katy Harris $123,768 48 48 12/13/2004 Ba ointe Apartments Webster Harris $694,059 236 236 1/13/2004 Addison Park Apartments Arlington Tarrant $620,572 224 224 1/13/2004 Providence Rush Creek 11 Arlington Tarrant $438,609 144 144 7/28/2004 Villas of Forest Hill Drive Forest Hill Tarrant $424,859 100 78 1/13/2004 Apartments Fort Worth Tarrant $464,937 186 186 7/17/2004 Post Oak East Apartments Fort Worth Tarrant $632,137 246 246 7/28/2004 Samaritan House Fort Worth Tarrant $819,331 126 126 8/19/2004 Aventine Tarrant Parkway Apartments Fort Worth Tarrant $713,590 240 240 12/13/2004 Worthing Point Apartments Fort Worth Tarrant $593,008 248 248 12/13/2004Ever reen Keller Senior Apartments Keller Tarrant $559,597 250 250 Source: Texas Department of Housing and Community Affairs 4 Table 4B LIHTC Board Project Amt Total LIHTC Approval Development Name Project City County Awarded Units Units 1/7/2005 Rosemont Laureland Dallas Dallas $786,546 250 250 1/7/2005 Homes of Pecan Grove Dallas Dallas $967,004 250 250 1/7/2005 Rosemont Sc ene Dallas Dallas $776,433 250 250 1/7/2005 Cherrycrest Villas Dallas Dallas $857,883 232 232 4/7/2005 Tower Ridge Apartments Corinth Denton $665,729 224 224 1/7/2005 Rosemont Garth Ba ton Harris $685,028 250 250 1/7/2005 Primrose Bammel Houston Harris $612,346 210 210 1/7/2005 Villas of Winkler Senior Homes Houston Harris $689,215 234 234 2/10/2005 Oak Tree Manor Apartments Houston Harris $645,983 250 250 3/10/2005 Alta Cullen Apartments Houston Harris $606,365 240 240 3/10/2005 Atascocita Pines Apartments Humble Harris $577,587 192 192 1/7/2005 Louetta Village Apartments Spring Harris $314,202 116 116 1/7/2005 Providence Prairie Oaks Arlington Tarrant $773,619 206 206 Source: Texas Department of Housing and Community Affairs Table 5 City # LIHTC or Percentage of Multifamily Bond Total Housing Units Units Corinth 352 8.5% Denton 1,542 4.7% Justin 40 3.4% Lake Dallas 224 9.8% Lewisville 976 3.1% Little Elm 202 16% Pilot Point 40 3% Sanger 208 12% Source: Community Development Department as reported by 2000 US Census Bureau 5 OPTIONS 1. Direct staff to bring all such applications forward for consideration by Council. 2. Direct staff to bring no such applications forward for consideration by Council. 3. Hold for further discussion. PRIOR ACTION/REVIEW Since the enactment of the rule requiring that the applicant obtain local government approval in 2004, the City of Denton has approved the Renaissance Project of the Denton Housing Authority, a project of 150 units. ATTACHMENTS 1. Selected Economic Characteristics Prepared by: Dedra Denee Ragland, AICP Comprehensive Planning and Research Manager Respectfully submitted: Kelly Carpenter, AICP Planning and Development Director 6 Attachment 1 Selected Economic Characteristics Median Average Median Per Household Household Family Capita Municipality Income Income Income Income Denton $35422 $48,519 $51,419 $19,365 Argyle $91,161 $120,525 $94,309 $39,791 Corinth $78,345 $88,650 $80,792 $30,492 Flower Mound $95,416 $107,841 $98,055 $34,699 Highland Village $102,141 $126,339 $105,109 $40,613 Krum $52,778 $62,302 $57,650 $21,642 Lewisville $54,771 $63,093 $63,719 $24,703 Little Elm $50,281 $56,101 $51,803 $18,362 Sanger $40,380 $48,955 $43,828 $17,840 The Colon $64,080 $70,730 $66,203 $22,903 Median Average Median Per Household Household Family Capita Municipality Income Income Income Income Dallas $37,628 $57,577 $40,921 $22,183 Desoto $57,699 $69,323 $66,986 $25,650 Farmers Branch $54,734 $71,300 $57,531 $24,921 Fort Worth $37,074 $50,052 $42,939 $18,800 Frisco $79,149 $94,717 $84,150 $34,089 Haltom City $38,818 $45,697 $42,706 $17,740 Hurst $50,369 $59,478 $57,955 $23,247 Lancaster $43,773 $51,533 $48,498 $18,731 McKinney $63,366 $82,496 $72,133 $28,185 North Richland Hills $56,150 $67,950 $64,718 $25,516 Plano $78,722 $99,600 $91,162 $36,514 Southlake $131,549 $159,142 $136,023 $47,597 Source: US Census Bureau, Census 2000 Selected Economic Characteristics 7 Family Size MFI 80% of MFI 1 46,562 37,250 2 53,188 42,550 3 59,875 47,900 4 66,500 53,200 5 71,812 57,450 6 77,125 61,700 7 82,438 65,950 8 87,750 70,200 Source: US Department of Housing and Urban Development, 2005. Note: Dallas PMSA Includes Denton and Collin Counties Family Size MFI $ 80% of MFI $ 1 43,875 35,100 2 50,188 40,150 3 56,438 45,150 4 62,688 50,150 5 67,688 54,150 6 72,750 58,200 7 77,750 62,200 8 82,750 66,200 Source: US Department of Housing and Urban Development, 2005. hllp://www.huduser.org/datasets/il/i105/l*ndex.htnil 8 AGENDA INFORMATION SHEET AGENDA DATE: May 24, 2005 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Tom Shaw 349-7100 ACM: Kathy DuBose SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of landscaping and sod replacement services for various City Departments; providing for the expenditure of funds therefore; and providing an effective date (Bid 3333- Annual Contract for Landscaping/Sod Replacement Services awarded to Classic Landscapes, Inc. in the estimated amount of $35,000). (The Public Utility Board approved this item by a vote of 5-0). BID INFORMATION This bid is for the annual contract to supply landscaping and sod replacement services for various City departments. The services are needed to repair damage to yards and landscaped areas resulting from utility excavation or other City crew activities. PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board considered this item at its May 9, 2005 meeting. RECOMMENDATION Award to the lowest responsible bidder, Classic Landscapes, Inc., in the unit price amounts shown on the attached tabulation sheet for an annual estimated amount of $35,000. PRINCIPAL PLACE OF BUSINESS: Classic Landscapes, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT: This is an annual contract with prices, terms, and conditions remaining in effect through May 24, 2006 and can be extended for two additional one-year periods with all terms and conditions remaining the same. FISCAL INFORMATION: Funding for these services will come from individual department accounts, as the services are needed. Agenda Information Sheet May 24, 2005 Page 2 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet I-AIS-Bid 3333 Bid # 3333 Attachment 1 Date: 4/28/05 Annual Contract For Landscaping/Sod Replacement Services Classic Lawn & Bush Pools Classic One Speciality Landscaping Landscapes, Inc. Concrete, LC Principle Place of Sulphur Flower Mound, Business: Springs, TX TX Denton, TX Grapevine, TX I. Sod A. Bermuda 1. Tex Turf $3.80/sq. yd. $4.25/sq. yd. $3.75/sq. yd. $11.20/sq. yd. 2. Common $1.00/sq.yd. $3.95/sq. yd. $3.75/sq. yd. $11.20/sq. yd. 3. Tiff $3.80/sq. yd. $4.95/sq.yd. $3.75/sq. yd. $11.20/sq. yd. B. St. Augustine 1. Type / Unit Price All/$4.40/sq. yd. Raleigh/$4.95/sq.yd. Raleigh/$4.00/sq. yd. Raleigh/$11.75/sq. yd. 2. Type / Unit Price All/$4.40/sq. yd. N/A N/A N/A 3. Type / Unit Price All/$4.40/sq. yd. N/A N/A N/A II. Labor/Equipment A. Worker hour per $19.00 $14.50 $20.00 $45.00 worker B. Hourly rate for $40.00 $45.95 $50.00 $100.00 skidsteer loader C. Hourly rate for tractor $40.00 $55.00 $50.00 $50.00 III. Materials Ground preparation materials: Topsoil, 20% 25% 20% 42% mulch, compost, gravel, etc.(Cost + IV. Plants Shrubs, trees, flowers, gound cover, etc. (Cost + 20% 45% 20% 4% oho ) ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF LANDSCAPING AND SOD REPLACEMENT SERVICES FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3333-ANNUAL CONTRACT FOR LANDSCAPING/SOD REPLACEMENT SERVICES AWARDED TO CLASSIC LANDSCAPES, INC. IN THE ESTIMATED AMOUNT OF $35,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 3333 1-4 Classic Landscapes, Inc. Exhibit A SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract and to extend the contract as determined to be advantageous to the City of Denton which shall be on file in the office of the Purchasing Agent; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: 3-ORD-BID 3333 Bid # 3333 ExhibitA Date: 4/28/05 Ann Contract For Landscaping/Sod Replacement Services Classic Landscapes, Inc. Principle Place of Denton, TX Business: I. Sod A. Bermuda 1. Tex Turf $3.75/sq. yd. 2. Common $3.75/sq. yd. 3. Tiff $3.75/sq. yd. B. St. Augustine 1. Type / Unit Price Raleigh/$4.00/sq. yd. 2. Type / Unit Price N/A 3. Type / Unit Price N/A II. Labor/Equipment A. Worker hour per $20.00 worker B. Hourly rate for $50.00 skidsteer loader C. Hourly rate for tractor $50.00 III. Materials Ground preparation materials: Topsoil, 20% mulch, compost, gravel, etc.(Cost + IV. Plants Shrubs, trees, flowers, gound cover, etc. (Cost + 20% oho ) AGENDA INFORMATION SHEET AGENDA DATE: May 24, 2005 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Tom Shaw 349-7133 ACM: Kathy DuBose SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of two 25-yard rear-load refuse truck bodies by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3337-Two 25-Yard Rear-Load Refuse Truck Bodies awarded to McNeilus Truck and Manufacturing in the amount of $94,304). (The Public Utility Board approved this item by a vote of 4-0). FILE INFORMATION This item is for the purchase of two 25-yard rear-load refuse truck bodies. These bodies will be mounted 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. On March 14, 2005, staff prepared specifications and solicited competitive bids for two 25-cubic-yard, rear-load refuse bodies. Bids were opened on March 31, 2005 and prepared for Council approval on April 19, 2005. Due to inconsistencies in the bid responses and questions as to the details of the specification, we pulled the bid from the Council agenda pending further investigation. During this time span, the City of Denton had applied for membership in the Buy Board Cooperative Purchasing Network. The membership and interlocal agreement were finalized on May 5, 2005. This gave the City access to a lesser price for a 25-cubic-yard, rear-load refuse body meeting specifications. We rejected all previous bids and are now presenting the Buy Board competitive pricing for consideration. This action reflects a $3,446 cost savings from the previous lowest responsible bidder meeting specifications. PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board approved the purchase of these items at its April 11, 2005 meeting by a vote of 4-0. This recommendation reflects a change in supplier and a price reduction of $3446 but has no impact on the fleet replacement policy or funding source. RECOMMENDATION Award to McNeilus Truck and Manufacturing in the amount of $94,304. Agenda Information Sheet May 24, 2005 Page 2 PRINCIPAL PLACE OF BUSINESS McNeilus Truck and Manufacturing Hutchins, Texas ESTIMATED SCHEDULE OF PROJECT The chassis are to be delivered the first week of June 2005. The completed trucks are scheduled for delivery the last week of July 2005. 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: Quote from Buy Board Cooperative Purchasing Network Attachment 2: Comparison of Buy Board Quote and Bid 3322 responses I -AIS-File 3337 Attachment,1 Page 1 City of Denton RL Buyboard 4-19-05 The following deteals shall be provided with any BuyBoad purchase order {Fax Purchase Order to {8001211-5454 Prepared By: Jay Graven SuyBoard Vendor: McNeilus 'T'ruck & Manufactu Vendor Phone: 972 225-2313 [Address P.O. to:] 1101 1-45 South Vendor Fax: (972)225-7077 Hutchins TX 75141 Vendor Toll Free Date Prepared 4119/2005 Government Agency: City of Denton _ Gov. Agency C5 of Denton [Ship to:] 1527 Mayhill Rd [Sill toil 1527 Mayhill Rd Denton TX 76208 Denton TX 76208 Contacts Name: Mike Ellis Gov. Agn. Phone No: 940-349-7133 G. A. Fax No: 940-566-7303 Product Description: McNeilus 25 yd Rear Loader 1: BuyBoard Contract #2084W Price List: Item 6 Base Price $ 34,192.00 M. Base Bid Options (A mine Below) * Ho Work Lights $ 345.00 * $ ' * Dual Perkins Tippers $ 6,152.00 * $ * Single Rear to Cab buzzer $ 176.00 * $ - * Hopper Liners $ 950.00 * $ Subtotal $ 7,623.00 Subtotal $ Contract List Price Total $ 7,623.00 Ili Subtotal of I + II BuyBoard Contract Price: $ 41,815.00 N: Non-Base Options (IWM= bole-) NON-BASE = #lDN/O? % * Freight $ 1,200.00 $ ' * Epgrade to 3.5 d UoME $ 1,637.00 $ * Steel Surc e $ 2,500.00 $ Subtotal $ 5,337.00 Subtotal $ - - V Unpublished Options added to Contract Price (Subtotal of Co_ 1 & Col 2) $ 5,337.00 VI Total IV + VI $ 47,152.00 X „E„ $ 9~1 3°Z,/ VII Quantity Ordered Units: VIII Trade-in or other Credit(s) ix TOTAL PURCHASE PRICE INCLUDING VII + VIII $ y~Q Contract Effectiove Dates: 1011/2004 through 9130/2005 Fax all Purchase Orders to BuyBoard at (800) 211-5454 I i The following details shalt be provided with any Huy Board purchase order (Fax Purchase Order to (R00) 21 1-5454 Prcpau-ed BY: Buy Bkmrd Vendor: l4 Court Sons i uu iynml t In - Vendor Phone. 979-2_2jZ2 (Address P.O. to P.O- box 247 Vendor Fax: 979-2242-~21? [,aGrrangc, 1',xaas 79945 Vendor`roll Free: 888-g.3R_9252 Date Prepared: 419.2()05 (;pvernment Agency: CjW of (3enTtrn - - (;oveg-nr ent Agency: i of I to (Ship To:) 1527 Mavhill Rd (Bill to:) 15 17 m awl ltd Denton TX.'7620$Denton TX 7620$ C;ontaos Nwne_ Mike Ellis Gov. Agency. Phone No. 940-349-7133 G A Fax No: 9AE5fi6-7303 Product Description: Mc Closkev €128 RE ~ I Buy 134ard l untract_r? _.T 1'ri~e t.ist 1 t~ Hasc Price'l,L 87 Q9 11. Baw- Hid Options (R'Cn 746 Hdou I " R 3 l Fines Convevvr wlagn~.i 5 4.1100.(HI_ _ ~ _ "fit 77y~rh~grg Ctrute 5 l 300.000 - _ `MtAmal- $ 5,_.,3)0100 Subtotal: 1(E- Subt(ILal or 1 it - Bu, llaard Contract Price: $ 2~,5~ l 701.01(1 IV- Non -Base 0*ms € ttcmowl bdkm] NON t3ASL - % i reihl_-- - S 4.50I.t10 suhwial: 5 4 5E10.W Subtotal: V, tinpublisltct 0ittions ud d io .=an-a Price (subtotal of Co. 18c CO. 2) $ 45(w_01 V L' 1,41sal 1 V+ VI S 24_2076 Qg V il. ovant.ity Ordox-d I Jni ts: 1 'c I $ 242 0_fL.Q(t IX."IOt'ALPiIRCFl~1Sf PR1('t IN( 11If)1N(; V11+ Vlll 5242,676.010 to •d ee~~a~~eeee 0 Wo *,T: TO QG0Z--4Z-Ndd Attachment 2 COMPARISON OF BUY BOARD QUOTE AND BID 3322 25 YARD REAR LOAD REFUSE BODY RESPONSES McNeilus Equipment Dickson Heil of Buy Board Trucks & Southwest, Equipment Texas* Quote/ Mfg. Inc. McNeilus Principle Place of Business: Hutchins, Irving, TX Dallas, TX Irving, TX Hutchins, TX TX 1 2 Rear Load Refuse Body $48,500 $47,652 $50,472 $48,875 $47,152 Ea. Chassis Make: Peterbilt Model: 357 Body McNeilus Leach New Way Heil McNeilus Make: DPF - Model: 2516 2R-III King Cobra 25 Yd. 2516 * Lowest responsible bidder meeting specifications ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF TWO 25 YARD REAR LOAD REFUSE TRUCK BODIES BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3337- TWO 25 YARD REAR LOAD REFUSE TRUCK BODIES AWARDED TO MCNEILUS TRUCK AND MANUFACTURING IN THE AMOUNT OF $94,304). WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing Network 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 Denton; 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 Buy Board Cooperative Purchasing Network 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 items shown in the "File Number" referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 3337 McNeilus Truck and Manufacturing $94,304 SECTION 2. That by the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the Buy Board Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Buy Board Cooperative Purchasing Network 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 referenced file number wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Buy Board Cooperative Purchasing Network, and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY:l~ 3-ORD-File 3337 AGENDA INFORMATION SHEET AGENDA DATE: May 24, 2005 DEPARTMENT: Utilities ACM: Howard Martin, Utilities 349-8232 1k1f-1- SUBJECT Consider adoption of an ordinance abandoning and vacating a 0.024 acre down guy easement recorded in Volume 733, Page 711, Deed Records of Denton County, Texas, a 0.024 acre down guy easement recorded in Volume 738, Page 751, Deed Records of Denton County, Texas, a 0.674 acre public utility easement recorded in Volume 738, Page 754, Deed Records of Denton County, Texas, and 0.674 acre public utility easement recorded in Volume 727, Page 899, Deed Records of Denton County, Texas; and providing an effective date. BACKGROUND WINDJAMMER, LTD has requested that the City of Denton abandon its public utility and down guy easement interests, in conjunction with the pending development activity known as Unicorn Lake Addition, Lots 1 & 2, Block B. Research has indicated the original granting instruments were filed for record twice in the year 1974. The house's that were once served by the electric line have long since been removed, as well as the electric facilities. The Developer has requested that these title encumbrances be removed. It is atypical to see easements granted in a service line context, unless there is a likely potential of serving other tracts from the terminating points of the electric lines, which may have been the case in 1974. Staff performs an analysis on requests for easement abandonment as follows: ■ Is the property tracts requested for abandonment considered "excess public utility and down guy easements"? ■ Do the property tracts requested for abandonment have a continued public use? ■ Is it in the best interest of the general public to abandon the government's rights in the subject abandonment tract? ■ Would the granting of this request establish a precedent for public utility easement abandonment for future requests? Staff findings on this analysis are as follows: 1. The public utility and down guy easement tracts requested fits the criteria of excess public utility easement. Excess public utility easement is defined as: Property acquired or used by the City for public utilities and subsequently declared excess (not needed for the Project, utilities or facilities). 2. There are no public facilities installed in the proposed abandonment tracts. 3. Abandonment is in the public interest because the area for subject abandonment no longer has a compelling future public use. 4. This abandonment would not set a precedent because the above three standards have been met. I OPTIONS 1. Approve the ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the ordinance. ESTIMATED PROJECT SCHEDULE Summer 2005 PRIOR ACTION/REVIEW Development Review submittal 2/17/2005 FISCAL INFORMATION Application fee of $150.00 ATTACHMENTS 1. Location map 2. Draft ordinance Respectfully submitted: Jim Coulter, Director Utilities Department Prepared by: Mark A. Laird Real Estate & Capital Support Right-of-Way Agent 2 LOCATION MAP 0 e~~o DENTON REGIONAL MEDICAL CENTER 0 0 O J _J a ABANDONM T AREA a) 4C IF Houses have been removed BR OH-TPONJ N.T.S. NORTH EXHIBIT 1 S:IOUR DOCUMENTSTLANNING & ZONING\Ordinances-Resolutions120051Unicom Lake Dev. Easement Ord.doc ORDINANCE NO. AN ORDINANCE ABANDONING AND VACATING A 0.024 ACRE DOWN GUY EASEMENT RECORDED IN VOLUME 733, PAGE 711, DEED RECORDS OF DENTON COUNTY, TEXAS, A 0.024 ACRE DOWN GUY EASEMENT RECORDED IN VOLUME 738, PAGE 751, DEED RECORDS OF DENTON COUNTY, TEXAS, A 0.674 ACRE PUBLIC UTILITY EASEMENT RECORDED IN VOLUME 738, PAGE 754, DEED RECORDS OF DENTON COUNTY, TEXAS, AND 0.674 ACRE PUBLIC UTILITY EASEMENT RECORDED IN VOLUME 727, PAGE 899, DEED RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE; WHEREAS, the City of Denton has received a request from the underlying fee simple owner, WINDJAMMER, LTD., for the abandonment of 0.024 acre down guy easement tract recorded in Volume 733, Page 711, Deed Records of Denton County, Texas, 0.024 acre down guy easement tract recorded in Volume 738, Page 751, Deed Records of Denton County, Texas, 0.674 acre public utility easement tract recorded in Volume 738, Page 754, Deed Records of Denton County, Texas, and for the abandonment of a 0.674 acre public utility easement tract recorded in Volume 727, Page 899, Deed Records of Denton County, Texas, hereinafter referred to as the "Abandonment Easements;" and WHEREAS, staff has reviewed the requested abandonment of the Abandoned Easements and has recommended approval; and, WHEREAS, the City Council of the City of Denton, Texas has determined that it is in the public interest to abandon the Abandonment Easements and the City's interest therein to the underlying fee owner, and, WHEREAS, notwithstanding any of the above, the City of Denton hereby retains all easement and street right-of-way rights in all other easement and street right-of-way tracts, whether conveyed by other instruments or by plat, in which the easement tracts described for abandonment herein cross and or overlap; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS. SECTION 1. The recitations and findings contained in the preamble of this ordinance are incorporated herein by reference. The Abandonment Easements are hereby permanently abandoned with all of the City's right, title and interests being quit claimed to the Owner. A certified copy of this ordinance may be recorded in the Real Property Records of Denton County, Texas to evidence this abandonment and quit claim. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. EXHIBIT 2 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, INTE CITY ATTORNEY BY: Page 2 AGENDA INFORMATION SHEET AGENDA DATE: May 24, 2005 DEPARTMENT: Parks & Recreation ACM: Howard Martin, Utilities 349-8232 SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of the Apollo Niuhts Series on the following Sundays, June 19th, June 26th, July 3rd, July 10th, July 17th, July 24t , and July 31st from 5:00 p.m. to 10:00 p.m. The event will be held in the Fred Moore Park. The requestor is specifically asking for an exception to all dates to allow amplified sound on Sunday. BACKGROUND Harold Jackson has requested to have talent shows with amplified music in the Fred Moore Park. The activity is to help encourage youth to increase their performance ability and provide a safe environment for entertainment. The main source of noise from the activities will be the use of speakers for the entertainer's music. The exception is requested in accordance to Ordinance No. 2001-265, Section 20-1, #4 General Noise Violations: "The use of any stationary loudspeaker, amplifier, musical instrument, or sound amplifying equipment in such a manner or with such volume so as to be clearly audible to a person in their residence, and (2E) at any time on Sunday." The surrounding area consists mainly of residential neighborhoods, with Oakwood Cemetery to the north side. PRIOR ACTION/REVIEW (Council, Boards or Commissions) None FISCAL INFORMATION None EXHIBITS Letter of Request from Harold Jackson Respectfully Submitted: Janet Fitzgerald, Director Parks and Recreation Department Prepared by: Community Events Coordinator 1 0 0 0 .0 t3 _ a~i v i . ~ b H A N 0 O O co y R1 M W CIO o 42-0 0 "46 0 H 5 vii ~ ~ ~ ad o O O O O U 4 O 00 Q ai _ 0O» ~ ~ .C 0 C yam" i"'' ~ W E'••~ 'b N ~pn y Q $ Cs. 05 00 C/O O + I cc N 0.~ :2 43 AGENDA INFORMATION SHEET AGENDA DATE: May 24, 2005 DEPARTMENT: Parks and Recreation ACM: Howard Martin, Utilities 349-8232 SUBJECT Consider a request for an exception to the Noise Ordinance for amplified sound for a fundraising rodeo and musical concert to be held at the North Texas Fairgrounds on June 18, 2005. The exception is specifically requested to extend the hours from 10:00 p.m. to 12:00 a.m. for amplified sound. BACKGROUND The Oldham's family has requested an exception to the hours of amplified sound to have a fundraising rodeo and concert for their two-year-old son who has several medical conditions. The funds will be used to help pay for medical expenses, to purchase adaptive equipment, and an accessible van. The event will include a full rodeo followed by a live music concert. The rodeo will begin around 7:00 p.m. and will last approximately two hours. The live concert will feature two performing artists - R.W. Whitaker and Ed Burleson and his band. Amplified sound will be used for both music and public announcements. PRIOR ACTION/REVIEW (Council, Boards or Commissions) None FISCAL INFORMATION None EXHIBITS 1. Request Letter from Michelle Oldham Respectfully submitted: Janet Fitzgerald, Director Parks and Recreation Prepared By: Janie McLeod, Community Events Coordinator 1 Michelle Oldham 3932 Overlake Drive Denton, Texas 76210 May 9, 2005 Tame McLeod, Community Events Coordinator Chy of Denton Pats and Recreation Department J21 E. McKinney Denton, Texas 76201 Re " hi M + it ce Dear Janie McLeod, I am writing this letter to ask for an exception to the city's noise ordinance for an event we have planned on Saturday, June 18, 2005. On June 18th, we are having a fundraising event for my 2-year-old son. He has several medical conditions that require lots of care and equipment. We are holding this event to M ise money to help pay for outstanding medical bills and to buy adaptive equipment. Ofie of our main needs is an accessible van. With this fundraiser we hope to start saving so we can Pik i hi flit; A&iyeat oar two: The event planned is a full rodeo at the Denton Fairgroun~s,1'oll6 wed by a dive concert. The rodeo will start around 7pm and should last approximately 2 hours. The live concert will start when the rodeo ends and should be finished no later than 12:00am. We will have two different artists perform. The opening act will be R.W. Whitaker, and the main attraction will be Ed Burleson with his band. Ed is well known with 4 recordings on Palo Duro Records. We are still finalizing plans for the event, but these two artists have committed their time and we know they will be playing for us. If you-liamany questions, please contact me at home (940) 243-0679. or via cell phone (972) 989-6211. Regards, k Michelle Oldham EXHIBIT 1 AGENDA INFORMATION SHEET AGENDA DATE: May 24, 2005 DEPARTMENT: Economic Development CM: Mike Conduff im SUBJECT Consider approval of a resolution of the City of Denton, Texas, authorizing the City Manager to participate with the City of Fort Worth in the development and submission of a grant application under the United States Department of Housing and Urban Development Lead-Based Paint Hazard Control Grant; establishing objectives and projected use of funds and a Lead-Based Paint Hazard Control Program description required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990 as amended and all other applicable laws; providing for an effective date. BACKGROUND Since 2001, the City of Denton has maintained a partnership with the City of Fort Worth to develop and implement a lead hazard control program. The City of Denton was a subrecipient under a grant application developed by both organizations and submitted to the US Department of Housing & Urban Development. Denton received an allocation of $300,000 from the initial grant award to develop the Area Lead Evaluation, Rehabilitation & Testing (ALERT) Program. ALERT provides lead education information to Denton's families and organizations that work with low-income households. Funds are also used to test residential structures for the presence of lead-based paint. If lead-based paint is found in units that house children under the age of six or that may house children of that age, grants are awarded to carry out interim controls activities. Interim controls may include covering or removing and replacing features that have lead-based paint. Approximately, $250,000 will be requested to continue the education program and assist owners of lead contaminated units. The Community Development Division will administer the program in partnership with the City of Fort Worth. ESTIMATED PROJECT SCHEDULE Application due date: June 6, 2005 Projected grant award date: September 2005 Execute subrecipient agreement with Fort Worth: October 2005 Program implementation: October 2005 - September 2008 PRIOR ACTION/REVIEW (Councils, Boards, Commissions) N/A FISCAL INFORMATION Approximately $10,000 of the $250,000 requested will be budgeted for administrative costs. Additional program administration will be paid from Community Development Block Grant program funds. EXHIBITS 1. Resolution Respectfully submitted: Linda Ratliff Director of Economic Development Prepared by: Barbara Ross Community Development Administrator S:AOur Documents\Community Dev-Housing Authority\Ordinances-Resolutions\05\Lead based paint grant res.DOC RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO PARTICIPATE WITH THE CITY OF FORT WORTH IN THE DEVELOPMENT AND SUBMISSION OF A GRANT APPLICATION UNDER THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LEAD-BASED PAINT HAZARD CONTROL GRANT PROGRAM; ESTABLISHING OBJECTIVES AND PROJECTED USE OF FUNDS AND A LEAD-BASED PAINT HAZARD CONTROL PROGRAM DESCRIPTION WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED AND ALL OTHER APPLICABLE LAWS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, is concerned with the development of viable urban communities including decent housing, a suitable living environment and expanded economic opportunities; and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and very low income; and WHEREAS, the City of Denton, Texas, as a CDBG entitlement city, wishes to participate in a grant application with the City of Fort Worth under the Lead-Based Paint Hazard Control Grant Program, under Section 1011 of the Residential Lead-Based Hazard Reduction Act of 1992 (Title X of the Housing and Community Development Act of 1992) and all other applicable laws, which will include approximately $250,000 for lead hazard control activities within the City of Denton; and WHEREAS, in carrying out these activities, the City of Denton, Texas, intends to comply with Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701(u) and will provide training, employment and other economic opportunity for low and very low income persons (as defined in 24 C.F.R. 135.5) and for business concerns which provide economic opportunity for low and very low income person; and WHEREAS, the primary goal for the Lead-Based Paint Hazard Control Grant Program is to reduce the exposure of young children to lead-based paint hazards in their home; and WHEREAS, the City of Denton, Texas has met or will meet all citizen participation requirements, if any, including the holding of public hearings; and WHEREAS, the City Council deems it in the public interest to authorize the City Manager to participate with the City of Fort Worth in the development and submission of the grant application; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: S:AOur Documents\Community Dev-Housing Authority\Ordinances-Resolutions\05\Lead based paint grant res.DOC SECTION 1. That the City Council of the City of Denton, Texas, authorizes the City Manager to participate in a joint grant submission with the City of Fort Worth to submit to the United States Department of Housing and Urban Development and all appropriate officials thereof, all necessary certifications, grant agreements and other documents as well as appropriate assurances for entitlement of funds under the Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, as amended, and all other applicable laws, as necessary, to obtain a grant under the Lead-Based Paint Hazard Control Grant Program. SECTION 2. That the City Council authorizes and directs the City Manager, or his designee, to represent and act on behalf of the City of Denton in applying for and working with the City of Fort Worth and the United States Department of Housing and Urban Development, in regard to such grant application. SECTION 3. That the City Secretary is hereby authorized to furnish true, complete and correct copies of this resolution to all interested parties. SECTION 4. That this resolution 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: AGENDA INFORMATION SHEET AGENDA DATE: May 24, 2005 DEPARTMENT: General Government CM/DCM/ACM: Michael A. Conduff, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton, Texas, on first reading, amending Ordinance No. 2003-239 and Ordinance No. 99-094, which granted a cable television franchise within the City; providing for an extension to the term of the franchise agreement between Marcus Cable Associates, L.L.C., dba Charter Communications and the City, providing for acceptance of the extension by Marcus Cable Associates, L.L.C., dba Charter Communications, providing a cumulative clause; providing for a savings clause; providing a severability clause; providing for engrossment and enrollment; and providing an effective date. BACKGROUND: Our current cable television franchise agreement with Charter Communications (Charter) expires on June 15, 2005. The cable television franchise was initially granted to Sammons Communications on November 15, 1988, with the passage of ordinance #88-189. The franchise was transferred to Marcus Cable Associates in November 1995 (ordinance #95-191), and transferred again to Charter Communications in March 1999 (ordinance #99-094). Due to various cable related issues between the City and Charter, both parties agreed to extend the terms of the current franchise instead of working on a new cable franchise. Therefore, the current franchise was extended in August 2003 (ordinance #2003-239). As part of a customer service settlement agreement between the City and Charter (ordinance #2004-181) in June 2004, both parties agreed to again extend the terms of the current franchise to the end of the settlement agreement. Without waiving any rights under Section 626 of the Federal Cable Act, both parties agreed to extend the current franchise through December 31, 2010, but still allow both parties to renew a cable franchise agreement at any time. This is important because the City of Denton is part of a cable consortium that is working on a joint effort to renew a cable franchise agreement with Charter that contains similar language for all consortium members. The cable television franchise is regulated by the Denton Cable Television Ordinance 88-182 (Chapter 8 of the Code of Ordinances), the agreements signed by all three cable operators over the years, and by the Federal Cable Act. Currently, Charter pays the City a quarterly 5% franchise fee on all cable television service gross revenues. ADA/EOE/AREA www.cityofdenton.com (TDD 800-735-2989) 5/18/05 Cable Franchise Extension Page 2 of 2 OPTIONS: 1. Approve the ordinance extending the terms of the current cable television franchise agreement between the City and Charter to December 31, 2010, or the date upon which the City grants or denies a franchise renewal to Charter, whichever occurs first. 2. Deny the ordinance and direct staff to continue working on renewal negotiations with Charter. RECOMMENDATION Staff recommends option #1 PRIOR ACTION/REVIEW (Council, Boards, Commission): 1. None. FISCAL INFORMATION: City will continue to receive 5% of Charter Communications gross revenues as franchise fees. Respectfully submitted: Betty Williams Director of Management and Public Information Prepared by: L John Cabrales Jr. Public Information Officer Attachments 1. Ordinance ADA/EOE/AREA www.cityofdenton.com (TDD 800-735-2989) S:AOur Documents\CableAOrdinances-Resolutions\05\Charter Franchise Extension Ordinance (May 2005).DOC ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 2003-239 AND ORDINANCE NO. 99-094, WHICH GRANTED A CABLE TELEVISION FRANCHISE WITHIN THE CITY; PROVIDING FOR AN EXTENSION TO THE TERM OF THE FRANCHISE AGREEMENT BETWEEN MARCUS CABLE ASSOCIATES, L.L.C., DBA CHARTER COMMUNICATIONS AND THE CITY, PROVIDING FOR ACCEPTANCE OF THE EXTENSION BY MARCUS CABLE ASSOCIATES, L.L.C., DBA CHARTER COMMUNICATIONS, PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, (the "City") is empowered under §51.001 of the Texas Local Government Code to adopt an ordinance or rule that is for the good government of the City; and WHEREAS, the City of Denton granted a cable television franchise to Sammons Communications, Inc. ("Sammons") pursuant to Ordinance No. 88-189 passed by City Council on November 15, 1988 and duly accepted by Sammons which incorporates the provisions of Chapter 8 "Cable Television" of the Code of Ordinances of the City of Denton; and WHEREAS, the City's Ordinance No. 95-191 consented to the transfer and assignment of the Franchise and the cable television system in the City from Sammons to Marcus Cable Associates, L.P. subject to the terms and conditions set forth in the Ordinance and in an Acceptance Agreement dated September 12, 1995. (Ordinance Nos. 88-189 and 95-191 and the Acceptance Agreement of September 12, 1995 are hereinafter referred to collectively as the "Franchise"); and WHEREAS, the City's Ordinance No. 99-094 consented to the transfer and assignment of the Franchise and the cable television system in the City from Marcus Cable Associates, L.P. to Charter Communications subject to the terms and conditions set forth in the Ordinance and in an Acceptance Agreement dated March 23, 1999; and WHEREAS, on March 23, 1999, the City adopted Ordinance No. 99-094 granting a cable television franchise within the City with an expiration date of December 15, 2003; and WHEREAS, on August 5, 2003, the City adopted Ordinance No. 2003-239 extending the terms of the current franchise agreement as provided for and in accordance with all applicable law, until the earlier of either June 15, 2005, or the date upon which the City grants or denies franchise renewal: and WHEREAS, it is the desire of the City of Denton and is mutually agreeable to Marcus Cable Associates, L.L.C., dba Charter Communications, to extend the terms of the current franchise agreement, as provided for and in accordance with all applicable law, until the earlier of either December 31, 2010, or the date upon which the City grants or denies franchise renewal, consistent with the provisions of Section 626 of the Cable Communications Policy Act of 1984, as amended [47 U.S.C. § 546], whichever occurs first. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Incorporation of Preamble. The above and foregoing preamble is incorporated into the body of this Ordinance as if copied herein in its entirety. SECTION 2. Amendment Extending Agreement Term. A. Marcus Cable Associates, L.L.C. dba Charter Communications ("Charter") currently has an existing cable franchise ("Franchise") with the City of Denton, Texas, under Ordinance No. 99-094, which was passed and approved by the City Council on March 23, 1999 and extended by Ordinance No. 2003-239. Pursuant to such Ordinances, this Franchise is due to expire on June 15, 2005; however, the City and Charter hereby mutually agree to be bound by the terms of this franchise either until December 31, 2010, or until such time as the City shall formally grant or deny franchise renewal, consistent with the provisions of Section 626 of the Cable Communications Policy Act of 1984, as amended [47 U.S.C. § 546], whichever occurs first. B. Accordingly the City and Charter agree to extend the terms of the Franchise until the earlier of either December 31, 2010, or the date upon which the city grants or denies franchise renewal, consistent with the provisions of Section 626 of the Cable Communications Policy Act of 1984, as amended [47 U.S.C. § 546], whichever occurs first. C. This ordinance hereby amends Ordinance No. 99-094, an amendment to Ordinance No. 95-191 and all other amending ordinances thereto; in the particulars stated in Section hereof, and all other sections, subsections, paragraphs, sentences, phrases and words of such Ordinances are not amended by are hereby ratified and affirmed. SECTION 3. By its signature below, Charter, the Grantee, hereby agrees that consideration, the receipt and sufficiency of which is hereby acknowledged, has been provided for by the changes made herein, and agrees to be bound by and comply with such changes. Charter further represents and agrees that the person signing below on behalf of Charter is the properly authorized official of that corporation and has the necessary authority to execute this document and further certifies to the City that any necessary resolution or other act extending such authority has been duly passed and is now in full force and effect. SECTION 4. This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. SECTION 5. All rights and remedies of the City of Denton, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting cable franchises which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 7. The City Secretary of the City of Denton is hereby directed to engross and enroll this Ordinance by copying the exact caption and effective date in the minutes of the City Council and by filing this Ordinance in the ordinance records of the City. SECTION 8. In accordance with Section 13.02 of the City Charter, this ordinance shall become effective twenty-one days after final approval. The full text of this ordinance shall be published once each week for two consecutive weeks in the official newspaper of the City, the entire expense of which shall be borne by Charter. The City Secretary is hereby directed to publish the full text of this ordinance in such official newspaper of the City once each week for two consecutive weeks immediately following the passage of this ordinance on second reading. 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: AGENDA INFORMATION SHEET AGENDA DATE: May 24, 2005 DEPARTMENT: Economic Development ACM: Mike Conduff, City Manager im SUBJECT Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas to execute a Local Participation Advanced Funding Agreement for an off-system project related to the implementation of the proposed pedestrian improvements through Unicorn Lake/Sundown Ranch Project in the City of Denton; authorizing the expenditure of funds therefore; and providing an effective date. BACKGROUND The North Central Texas Council of Governments (NCTCOG) Sustainable Development Grant of federal funds had originally been allocated to construct the I-35E ramp reversals at Windriver and the State School Road connector road (Unicorn Lake Boulevard). The ramp reversals have been completed, leaving a balance of $588,728 available for this proj ect. In order to use the funding, the City must follow the Texas Department of Transportation (TxDOT) process, which requires additional reviews by the local and state TxDOT offices and federal highway offices. City staff met with the North Central Texas Council of Governments (NCTCOG) and TxDOT and received permission to amend the scope of the project to apply the funds towards the pedestrian access and landscaping costs. This allowed the developer to proceed with the construction of the road, accelerating the development by more than a year. You may remember that the City purchased a tract of land from the State School in order to provide the right-of-way from the property to State School Road. The land will be used to expand the existing Briarcliff neighborhood park. A portion of the grant funds will be used to construct sidewalks and to landscape the property owned by the City. The remainder will be used within the development. ESTIMATED SCHEDULE OF PROJECT Review and approval of the Local Project Advance Funding Agreement (LPAFA) is estimated at six to ten months. Once approved, the City will need to obtain the services of an architect firm to design the improvements. Construction could begin in approximately one year. PRIOR ACTION/REVIEW The City Council has discussed the alignment of the State School Road connector at previous meetings and received information regarding the intent to use the grant funds for this purpose. -1- FISCAL INFORMATION The grant requires a 20% local match. The City will be responsible for the 20% match for improvements on City-owned property and the developer will be responsible for the remaining match. The estimated cost for improvements on City property is $255,000, which will require $51,000 of City funds. The ramp reversal project came in under budget leaving a balance of $102,000. Of this balance, $51,000 will be used for the local match and $51,000 for other park improvements such as playground equipment, trails, picnic areas, etc. EXHIBITS Local Participation Funding Agreement Ordinance Respectfully submitted: Linda Ratliff, Director Economic Development Department -2- SaOur DocumentsTeonomic Development)Ordinances-Resolutions120051LPAFA Ordinance.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE A LOCAL PARTICIPATION ADVANCED FUNDING AGREEMENT FOR AN OFF-SYSTEM PROJECT RELATED TO THE IMPLEMENTATION OF THE PROPOSED PEDESTRIAN IMPROVEMENTS THROUGH UNICORN LAKE/SUNDOWN RANCH PROJECT IN THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the elements of the contracts that vary from project to project include the project specifications and the funding arrangements; and, WHEREAS, for purposes of streamlining the contract process, the Texas Department of Transportation (TxDOT) has designed two agreements: (1) a Master Advance Funding Agreement (MAFA) and (2) a Local Project Advanced Funding Agreement (LPAFA); and, WHEREAS, the MAFA contains what may become statewide contract standards that are currently generally agreeable to all cities and counties; and WHEREAS, the MAFA will need to be approved only one time by the local municipality, county or other government political subdivision; and WHEREAS, the City Of Denton, on June 20, 2000, entered into a MAFA with TxDOT; and WHEREAS, to accomplish each project, the LPAFA contains provisions related only to the local project needs; and WHEREAS, on July 9, 2001, the City of Denton Mobility Committee approved the submittal of the Unicorn Lake/Sundown Ranch Land Use/Transportation Joint Venture project to the North Central Texas Council of Governments for funding; and WHEREAS, the NCTCOG subsequently funded a portion of the submittal known as pedestrian improvements and roadway enhancements for the Unicorn Lake/Sundown Ranch Project; and WHEREAS, the projected cost of the Pedestrian Improvements through Unicorn. Lake/Sundown Ranch Project is estimated to be $735,910.00; and WHEREAS, this agreement will reimburse the City of Denton for 80% of funds spent for the construction of this project; and WHEREAS, the Unicorn Lake/Sundown Ranch Project LPAFA would allow the project to undergo construction; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations and findings contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The City Council of the City of Denton, Texas hereby approves the Local Project Advanced Funding Agreement (LPAFA) for the Unicorn Lake/Sundown Ranch Project in substantially the same form as the agreement attached hereto and made a part hereof by reference. The City Manager or his designee is hereby authorized to execute the LPAFA on behalf of the City of Denton and to exercise the rights and duties of the City thereunder including the expenditure of funds as provided therein. SECTION 3. This ordinance shall be effective immediately from and after 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 I BY: -2 CSJ: 091846-979 P pppppp~ Unicorn LaWSundawn Ranch: From Wind River To State School Road Denton County Funding Category: STPMMILUIJV STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For a STPMM Project (Off State System) THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Denton, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order that provides for the development of, and funding for, the project describe herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated which is attached hereto and made a part hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1- The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work pppppppp i CSJ: 099846-979 unicorn Lake/Sundown Ranch: From Wind River To State School Road Denton County The scope of work for this LPAFA is described as pedestrian improvements through Unicorn Lake/Sundown Ranch in the City of Denton.Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement, without exception. 5. Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement without exception. 6. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement, without exception. 7. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 8. Architectural and Engineering Services will be provided by the Local Government, as stated in the Master Agreement, without exception. The Local Government is responsible for performance of any required architectural or preliminary engineering work. The State shall review and comment on the work as required to accomplish the public purposes of the State. The Local Government will cooperate fully with the State in accomplishing these local public purposes to the degree permitted by State and Federal law. 9. Construction Responsibilities will be carried out by the Local Government, as stated in the Master Agreement, without exception. 10. Project Maintenance will be undertaken as provided for in the Master Agreement, without exception. 11. Local Project Sources and Uses of Funds a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and.absolute dollar amount to be contributed to the project by federal, state, and local sources. c. The Local Government is responsible for all non-federal and non-state funding, including all project cost overruns, unless provided for through amendment of this agreement. d. After execution of this LPAFA, but prior to the performance of any work by the State, the Local Government will remit a check or warrant made payable to the "Texas Department of Transportation " in the amount specified in Attachment C as the local contribution for State review of Preliminary Engineering. The Local Government will pay at a minimum its funding share for this estimated cost of State review of preliminary engineering as stated in the Local Project Sources and Uses of Funds provision of the Master Agreement. pppppppp, CS,i: 0918-46.979 Unicorn LaWSundown Ranch: From Wind River To State School Road Denton County e. Sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and any others costs owing. f. In the event the State determines that additional, reasonable and necessary funding is required by the Local Government at any time during the development of the Project, the State will notify the Local Government in writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification. g. If any existing or future local ordinances, including, but not limited to, outdoor advertising billboards or storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or any other locally proposed changes, including, but not limited to plats or replats, result in increased costs, then, any increased costs associated with the ordinances or changes will be paid by the local entity. h. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. 12. Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft@ Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. 13. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. 14. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. CSJ: 091846-979 Unicorn Lake/Sundown Ranch: From Wind River To State School Road Denton County IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: (Signature) Title: Date: THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Janice Mullenix Director of Contract Services Section Office of General Counsel Texas Department of Transportation Date: APPROVED AS TO F0 CITY ATTORN CITY OF D N, T S BY: CSJ: 0918-46.979 Unicom LakelSundown Ranch: From Wind River To State School Road Denton County ATTACHMENT B PROJECT LOCATION MAP ? , Qop Y ~j-SKen'anc[aat TO !Y. ~n T.easl8yr U ~ BN~ytoi7 fAr 12 a V,4 - Si , .E 5~st Denton z n 0 State School Road 5 , ~9s #nr~ E'tr , w m ~ Ct . ;x rnred gat'. is 1- 0 o N v M O O N r N f4 00 O Ci OD CND O ti CO c :3 O O O lf) r N CO r LO CD O V U O O O Ch - co ti m co co Q d} N9 r LC) r E9 LO 6C C) Q d 69 n O~ 00 0 U) N 0 O O O O 00 r J O (O f? EO fl LC> N 0 r OD O O O co 00 ti 69 lfl Fc, E f} H3 EH F!3 = O O y+ N 4w O 0 0 0 0 0 0 0 0 O CO r fly y~~ O ~ ER d3 FOR (0 6ek 69 L T IL r u 0 CD OD cq U ~ O 4 0 co (q , q l9 O 00 c3i m r+ N C O O O O cD ~ 04' to 'r ~ 7UB) CL 7 - Lo ~ 'T Y o 0 o GS •O •0 p o 0 O O OD O 10 CD - rn ` c `3 U O LL •E CD 6" H4 6' N 00 ti N CD C1 o E a co c m d fR 64, V cq c p m U~LLF~ J+ O L 7; L 0 ~ w a 0 0 0 C) C) 0 Ho CD oC) o o~o ~ m 0 4 W V 0 6 C5 r Et} to H? M ~ C'7 p• ate., {f} 6q ~ E!? C O y=. CO O• 3 d LLI w . 0.. C O V? N O T O d > c O S 'C c fly r c •i O c C a.+ c' O C O !L t0 d c 0 t/J O OI c y d CL 0 P -0 -0 .V N R r 00 ; tap F c 7 ~ O U) c a00 m 0 0 EL Eo C O E E v d V c W m c W o, L a CLLO V H p, SA y N 0 0 9 c C c T N E J •+r L u R •CD W •L w =:r a CITY OF DENTON CITY COUNCIL MINUTES April 12, 2005 After determining that a quorum was present, the City Council convened in a 2nd Tuesday Session on Tuesday, April 12, 2005 at 1:30 p.m. in the City Council Work Session Room. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Montgomery, Mulroy, and Redmon. ABSENT: Council Members Kamp and Thomson. 1. The Council received a report, held a discussion, and gave staff direction regarding the City's Long Range Financial Forecast. City Manager Conduff stated that staff was not asking for action at this meeting. This was a long-range look of at least 5 years and set the stage for a longer time frame than that. Staff was seeking feedback from Council on several issues. Formal action would be brought forward at future sessions. The City's budget would be discussed through a forecasting process. There was no process for the City to operate at a deficit level. All expenses were examined in order to accomplish those things that Council had set as priorities. Operation and maintenance costs associated with growth had added significant additional expenses. Staff had been intentionally conservative in determining figures. Council Member Thomson arrived at the meeting. City Manager Conduff continued that the city budget was projected to be fully balanced throughout all five years of the forecast. The recommendation was that 50 full time equivalent positions be eliminated plus changes to benefit adjustments and other benefits such as health insurance. Staff was also recommending that money be set aside for an efficiency study plus a compensation and classification study. An outside expert would evaluate how the City's salary categories were competing with other cities, which was a significant issue. Council Member Kamp arrived at the meeting. City Manager Conduff stated that he believed the recommendations were in line with what the Council had directed. Kathy DuBose, Assistant City Manager, stated that the proposed general fund portion of the budget was $69.5 million, which was 20% of the overall budget. She presented the major general fund departments. Growth assumptions for the next five years included an ad valorem forecast at 8%. She presented a projection of the proposed tax rates for the next five years based on 8% with no shortfall over the next five years. The assumptions indicated no appraisal or tax caps would be put into place. She presented a comparison of the appraisal rolls since 1999 and reviewed an assessed valuation increase comparison for 6%, 8% and 10%. The assessed valuation was assumed to increase $336,000 per year as it had in the past several years. Council discussion included: • What was the ad valorem growth in past years? • The validity of where the city was right now on the major departments indicated was questioned. How did Denton align with comparable cities? Was the base line too much or too less? Was the starting point where it should be? City of Denton City Council Minutes April 12, 2005 Page 2 • 8% might not happen as easily as shown. • New "380" agreements were not incorporated in this analysis. • Should the forecast use a projection of 7% instead of 8% or a declining percentage to be on the safe side rather than over project. Sales Tax Revenue DuBose reviewed the sales tax revenue. When the budget was adopted in September, the sales tax through July was budgeted at 12% with an estimated 11.7% to collect. The last two months of year the sales tax figure dropped. The proposed budget and adopted budget were predicated on 7.5% of the estimate, the effective increase was 9% over actual. She reviewed the sales tax history for the last 5 years. The sales tax assumptions included that any shortfalls for 2004-05 would be addressed with salary savings and other reductions; a 2.5% annual growth for all five years; and no additional sales tax sharing contracts. Council discussion included: • The voters approved the half-cent sales tax reduction. • Denton was one of the few cities with a half-cent sales tax reduction as opposed to others with a quarter cent. • Rebates for 380 agreements had not been in effect at this point in time. DuBose continued with franchises. Electric, water and wastewater were based on utility revenue projections. The gas franchise was based on a 5% and the drainage franchise fee was eliminated. Other revenues such as fines, fees, licenses, permits and miscellaneous fees ranged from 2-5%. The return on investment based on utility projections and the return on investment for drainage was also eliminated. Council discussion included: • Concern about not having any more 380 agreements - staff was not indicating to no longer have 380 agreements rather there was no way to project the impact of those agreements in the future. • What was the sales tax history from the past years - approximately 5.5%. • 2.5% growth seemed too small but if the growth were over that it would help with the numbers. Gas Wells City Manager Conduff stated that the current gas well policy was that all capital money associated with bonuses, surface agreements and royalties were used for one-time uses. The money was recognized in the year received and spent the next year. Royalty money, surface agreements and bonuses from the wells at the Airport had to stay with the Airport. Money associated from the park wells was included in the 13% cash balance. Other funds such as ad valorem for operation and maintenance, the use tax, fire inspection fee and platting fees were all used to the offset expenses associated with the gas wells. City of Denton City Council Minutes April 12, 2005 Page 3 Council discussion included: • The ad valorem should not be counted on as a constant. • Still in a net loss position - yes with the exception of the Airport. • The net loss should be just about over as the startup costs should be almost completed. • An alternative to consider was to put all the funds in a trust and use the interest to spend but keep the principle in a fund. • Should the money be collected and not included in the accounting processes and at some point use when need to - or put some in a special account. Consensus of the Council was to amalgamate (keep in the debt service revenue line but in a separate fund so it would be known exactly how much it was and wouldn't be spent to offset debt service on a going forward basis) the ad valorem operation and maintenance, lease bonuses, ad valorem debt service, surface agreements and royalties and electric bonuses. The fire inspection fees, platting fees, watershed fees, use tax and road damage assessment would be used to offset the costs of the wells. Airport Gas Well Revenue Mark Nelson, Director of Airport and Transit Operations, stated that the airport gas well revenue must be spent on the Airport. The revenue could be used to reimburse the general fund transfer for the past six years. Once the revenue was used to pay back the general fund, the six-year time frame began. The revenue could also be used to finance one-time capital needs at the Airport. Council discussion included: • Potential wells for the future - there were three additional wells with the potential of 4th well plus the pooling agreements. • Wait until the capital needs were taken care of at the Airport and then start the six-year reimbursement cycle. • Do not do anything to deteriorate the forward movement of the airport. • Current money could take care of current projects. • Determine whether there was any flexibility to stop paying back the general fund or once started would all six years have to be done. Consensus of the Council was to take a look at some recapture and present some scenarios of alternatives recognizing that it would not be a huge percentage of the total. Personal Services Assumptions City Manager Conduff stated that the operation and maintenance costs of the last bond issue for projects such as the library and the upcoming new fire station presented a challenge on how to finance in the existing base. Council had given staff the direction to look at a reduction in personal services. The decision was made that positions needed to be eliminated and the elimination of those positions was done as fair and open as possible. The assumption was to not include the public safety departments (police and fire) in the reductions. This was a general fund City of Denton City Council Minutes April 12, 2005 Page 4 issue so the utilities area was also not included. The reductions would also try and minimize citizen service impact as much as possible. He reviewed a listing of the proposed employee reductions and the cost allocation associated with those reductions. The services provided by those employees would be absorbed internally with the expectation that there would be some impact to the community based on the reductions. He would need to know as soon as possible if Council wanted to remove any of the reductions from the table. Outplacement services would be provided to those employees whose jobs were being eliminated. Council Member Mulroy felt that the tone set was a proper one with no mean spiritedness intended. The growth in employees over the last ten years had surpassed 10% with a disappropriate amount in general government. There were more bodies than needed for the most efficient level of performance. This was a hard task but must be done. Mayor Pro Tem McNeill stated that as elected officials, they must look at the bottom line. The function being performed needed to be looked at as opposed to the actual employee. The function of the job was the key and not an employee performance issue. Mayor Brock felt that it was hard to judge whether a cut would be adequate or not as Council did not know how every department functioned. Council Member Mulroy felt that it would be helpful to have a comparison basis with other cities in terms of number of employees, etc. Conduff stated that an efficiency study proposed for next budget year would help with that comparison along with a compensation/classification study also proposed for next year. Mayor Pro Tem McNeill asked if the intent was to reduce services or to outsource. Conduff replied both methods would be used. Council discussion also included: • Economic development and public information were areas that made people aware of Denton and that the awareness was a positive one. The two areas were tied to the marketing aspects of economic development and reductions in these areas should be carefully considered. • This would be a trial and error for effective efficiency and where this would equal out. • Why was the Utility Department not included in the reduction in force? Utility employees were not paid out of the General Fund and reductions in that area would not help with the deficit in the General Fund. • How many of the 51.2 positions being cut were currently vacant - approximately 22 were currently vacant. City Manager Conduff stated that the policy would be that to the extent possible alternative employment in the organization would be looked at first for the reduced employees. There were several current vacancies through attrition that would be made available to this pool of employees. This group would also be given first opportunity to look at vacant positions. Those City of Denton City Council Minutes April 12, 2005 Page 5 employees meeting minimum qualifications would be guaranteed an interview. It was not mandated that those employees would have to be hired but would for sure receive an interview. Employees transferring at or under the top salary grade would not face a reduction in salary. Employees transferring with a higher salary than the highest step for the position would be reduced to the top level of the grade. The outplacement program would involve a three-step process. If a targeted employee were to leave between now and early July, he/she would be paid for vacation up to 320 hours, sick leave time up to 720 hours and severance pay based on longevity. A targeted employee leaving after the July time frame but before September 30th would be paid for vacation to 320 hours and severance pay based on longevity but not be paid for sick leave. A targeted employee leaving on September 30th would receive payment for vacation up to 320 hours but no severance or sick leave payment. Conduff continued that the reduction in force would not take care of all of the financials. There were still some additional assumptions to implement. Those included only Civil Service would receive step increases for 2005-06; the employee 5% benefit adjustment would be rolled into salaries; a 3% average pay for performance would be given in the years 2007-10; the City's contribution to health insurance cost would only increase 3% annually; and a compensation and classification study would be done between 2005-2007. The benefit adjustment would be rolled 5% from the benefits side to the salary side except for employees in the General Fund. Those employees would have 4% of the 5% rolled into salaries and 1% returned to the General Fund. This would include police and fire employees. Mayor Pro Tem McNeill asked if the employee longevity pay would still be in effect. Conduff replied yes. He also indicated that the city's maximum contribution to health insurance would be 3% with significant plan adjustments for employees for future years. Mayor Pro Tem McNeill stated that if this plan were not done, a tax increase might have to be considered. Council Member Mulroy felt that this was a comprehensive first step that was well laid out and which had to be done in order to adjust to the reality of the rest of the world. City Manager Conduff stated that a resolution would be drafted for Council to consider in the near future that laid out the three-step process for leaving and the benefit adjustment. It would provide organizational documentation that Council agreed to this and that it did not go against any statutes. Public Safety Assumptions - Fire Ross Chadwick, Fire Chief, stated that it was projected that Station #7 would open September 2006. The full salary for staffing that station would be included in the next fiscal budget. Discussions relative to hiring certified versus non-certified firefighters would take place during the upcoming budget meetings. There was a substantial difference between hiring a certified versus non-certified firefighter not only in terms of salary but also in terms of efficiency as certified firefighters could be on the job sooner with a longer probationary period on the job rather than during training. Other considerations for the five year forecast included the purchase City of Denton City Council Minutes April 12, 2005 Page 6 of an engine and ambulance for Station #7, the training facility staffing and O&M costs, the removal of an additional ambulance company at this point in time and the replacement of an engine and quint. Public Safety Assumptions - Police Charles Wiley, Police Chief, stated that the five-year forecast for the Police Department included additional police positions for 2005-06; additional positions for 2009-10, City Hall renovations, and a public safety radio upgrade for 2007-08. CIP Related O&M and O&M Assumptions DuBose reviewed the CIP related operation and maintenance costs. The assumptions included electric, water, wastewater and solid waste based on utilities projections; natural gas increase at 7% annually; gas, oil and diesel increase at 7% annually; supplies, maintenance and operations increase at 2.5% annually Vehicles and Equipment Jon Fortune, Assistant City Manager, stated that the five year forecast for vehicles and equipment included the addition of Station #7 fire engine and ambulance in 2006-07; scheduled vehicle replacements, the replacement of a fire engine in 2007-08; the replacement of a fire engine in 2009-09; and the replacement of a fire quint in 2008-09. Other Assumptions The human services budget would be decreased by $98,000 for 2005-06, which was less than the current level; the drainage fee payments would be eliminated beginning 2005-06; and there would be an efficiency study in 2005-06 along with a compensation and classification study in 2006-2007. Streets operation and maintenance costs would be increased over the next five years and the fund balance would be increased 1/2% annually until it reached 15%. Unfunded Needs • Aquatic Center Janet Fitzgerald, Director of Parks and Recreation, reviewed the history of the Aquatic Center in terms of revenue and expense. She also reviewed the funding for the development and the agreement between the City and the DISD. Council discussion: • What part of the capital expenses was shared with the DISD? • Percentage of time the DISD used the natatorium versus public usage. • If scheduling by the DISD was contributing to a loss of revenue at the natatorium, then the DISD should contribute more. City of Denton City Council Minutes April 12, 2005 Page 7 • Discuss with the DISD the possibility of changing the contract. City Manager Conduff stated that staff would prepare recommendations and bring them back for Council review. • Street Maintenance Jim Coulter, Director of Water/Wastewater Utilities, stated that there were still outstanding issues with city streets. Even with the additional CIP money, there would still be funding needs. Staff would be returning with funding options and alternatives on how to move forward over the long term. • New Positions - Related to Growth Except for fire and capital project positions, new positions related to growth were not included in the five year forecast. In the future, conditions might change and some positions might have to be added back. Council discussed which departments were stressed most in past growth and required additional employees. City Manager Conduff indicated that infrastructure positions associated with growth such as planning and engineering were affected first followed by basic public service positions such as police and fire. It was felt that some of the growth should pay for itself. 2. Suggestions for Agenda Committee on future agenda items and/or placement of items for upcoming agendas. No items were suggested. With no further business, the meeting was adjourned. Euline Brock Mayor City of Denton, Texas Jennifer Walters City Secretary City of Denton, Texas CITY OF DENTON CITY COUNCIL MINUTES April 19, 2005 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, April 19, 2005 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery, Mulroy, and Thomson. ABSENT: Council Member Redmon 1. The Council received a report, held a discussion and provided staff direction regarding possible uses of the former "Old" Central Fire Station. Ross Chadwick, Fire Chief, provided background information regarding the Station. The Station was currently used as a storage area for haz/mat materials and fire equipment. The Station was closed in 2000 due to a discovery of a dangerous mold, which was considered a potential health hazard. Council Member Redmon arrived at the meeting. Chadwick continued that in 2001 a Task Force was convened to look at options for uses of the station. Those options included razing the building for a parking lot; using the facility for a rehearsal hall for the community theatre; converting the building into a maintenance and storage facility for the Fire Department; razing the building and using the land for downtown redevelopment. A study was done in 2001 to evaluate control of groundwater at the Station. It was estimated that it would take approximately $1.1 million to make the building habitable. In 2001 it was estimated to cost approximately $250,000 to demolish the building. Staff was seeking direction from Council regarding use of the building. Council discussion included: • If the building were taken down, not many parking spaces would be gained - 20-30 additional spots over what was there currently would be an estimate. • What was the office space for the building - 10,000 square feet. • Paris Rutherford was looking at this area in the scope of his contract for the downtown and could possibly include the Station in his scope of service. • Legal questions had to be considered if the building were given to another entity or if loaned to a non-profit group - concern about mold still in the building. • Could other departments use the building? • The assumption was that underground water was the cause of the mold - yes and if not corrected, there would still be the problem with the mold. • Storage was not the best utilization of the building. Consensus of the Council was to have Paris Rutherford include a review of the building in his study of the downtown area and provide recommendations for the usage of the building. City of Denton City Council Minutes April 19, 2005 Page 2 2. The Council received a report, held a discussion and gave staff direction concerning Denton's 2005 update to the Water Conservation and Drought Contingency Plan. Tim Fisher, Assistant Director of Water Utilities, presented minimum plan requirements for the water conservation and drought contingency plans plus additional content and conservation strategies. He reviewed the user class reporting requirements and the per-capita goals. A lawn and landscape irrigation ordinance was being proposed that would not allow excessive watering of pavement, require proper maintenance of irrigation systems, not allow watering during any form of precipitation, require rain sensors on all new systems and would be implemented in 2006-07. Council discussed that the current code enforcement would be very expensive and that requiring sensors appeared to be too onerous for the homeowners. The 1% water reduction goal seemed too small a number for Stage One with 5% being a good minimum. Consensus of the Council was to take the 1% out of Stage One. 3. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for April 19, 2005. City Manager Conduff stated that #F needed to be removed from the Consent Agenda. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. Consultation with Attorney Under TEXAS GOVERNMENT CODE Section 551.071 1. Discussed and considered 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. Regular Meeting of the City of Denton City Council on Tuesday, April 19, 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. City of Denton City Council Minutes April 19, 2005 Page 3 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Bianca Lopez was awarded a certificate from Officer Mike Sweet, Environmental Crimes Unit, for naming the Bike Bot. B. April Yard-of-the-Month Awards Mayor Brock presented the following Yard of the Month awards: Janice Dobbs Marcia Merritt Glenda Brock and Gerald Simmons Wanda Parks Randy and Pam Bleigh Jeannine LaBruzzo Business - Nationwide Insurance: The Wade Hunt Agency C. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments. 3. CONSENT AGENDA Mayor Brock indicated that Item #F had been withdrawn from consideration. McNeill motioned, Mulroy seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item F. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. A. Approved the minutes of March 22, 2005. B. 2005-116 - 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 for an effective date. C. 2005-117 - 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 therefor; 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). City of Denton City Council Minutes April 19, 2005 Page 4 D. 2005-118 - 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). E. 2005-119 - 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 therefor; and providing for an effective date (Bid 3317 - Bunker Gear/Turnout Gear awarded to Casco Industries in the annual estimated amount of $94,150). F. Note - This item was not considered - 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 therefor; and providing for an effective date (Bid 3322 - 25- Yard Rear Load Refuse Truck Body awarded to Heil of Texas in the amount of $97,750). The Public Utilities Board recommended approval 4-0. G. 2005-120 - 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; providing for retroactive approval of the agreement; and providing an effective date. The Public Utilities Board recommended approval 6-0. H. 2005-121 - An ordinance amending Chapter 26 of the Code of Ordinances of the City of Denton, Texas by adding thereto Section 26-233 "Water Conservation and Drought Contingency 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 granting 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 approval 4- 0. 1. R2005-013 - A resolution establishing a standing process for City Council appointee performance reviews; and providing an effective date. J. R2005-014 - A resolution of the City of Denton, 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 City of Denton City Council Minutes April 19, 2005 Page 5 Providers pursuant to Chapter 283 of the Texas Local Government Code, ("HB 1777"), and providing an effective date. K. 2005-122 - 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 exiting city public utility easement along Teasley Lane; and providing an effective date thereof. 4. PUBLIC HEARINGS A. The Council continued a public hearing and considered adoption of an ordinance rezoning 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 property was 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 recommended denial (6-0). NOTE: A SUPERMAJORITY VOTE BY THE COUNCIL WAS REQUIRED FOR APPROVAL. (Z04-0009, Hinkle Addition) Larry Reichhart, Assistant Director for Planning and Development, stated that the applicant was requesting an overlay to restrict multifamily development. Opposition to the request was over 20% of the property owners within 200 feet of the site thus requiring a supermaj ority vote of the Council. A large drainage channel identified as flood plain divided the property. Mayor Brock indicated that this was a continued public hearing from a prior meeting. The following individuals spoke during the public hearing: Randall Smith, representing the petitioner- favor - develop offices on the property Ann Enos, 1212 Bryan Mawr, Denton, 76201 - opposed Chris and Keely Briggs submitted a comment card in opposition to the proposal. The Mayor closed the public hearing. Thomson motioned, Redmon seconded to deny the request. . 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 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. Kathy DuBose, Assistant City Manager, presented information regarding the resolution. An oversight committee would be established to monitor the capital improvement program and City of Denton City Council Minutes April 19, 2005 Page 6 report on the progress of the program. The committee would consist of 5 members from the original committee. The following resolution was considered: NO. R2005-015 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. Mulroy motioned, Redmon seconded to approve the resolution. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council received a report, held a discussion, and gave Staff direction regarding the "Fry Street Fair." The Council also 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 and the backyard of the Delta Lodge. The event was to be on Saturday, April 23, 2005, from 12:00 p.m. to 8:00 p.m. The exception was specifically requested for an increase in the allowable decibels for an outdoor music festival from 70 decibels to 75 decibels. Rick Jones, Fire Marshal, presented an update on the request from the Delta Lodge. Lodge representatives had met with staff and the committee and had met all the requirements and expectations as set forth at this time. Council discussion included: • Had the debt to UNT and the public safety issues been satisfied - all requirements to date had been taken care of There was a memorandum of understanding from UNT, a check to the City for additional security and the requested insurance policy had also been met. A public safety plan had been presented and approved. • Provisions for a litter free event - the Lodge had agreed to clean up the neighborhood both after the event and on Sunday. • Provisions for the spillover area - a deposit had been paid towards security to cover the overflow area with a debriefing in July after the event. Mark Tish, 1305 W. Oak, and Anna Cambell,726 Bolivar, spoke in favor of the request. Thomson motioned, Kamp seconded to approve the request to increase the decibel level. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. Citizen Reports 1. Review of procedures for addressing the City Council. City of Denton City Council Minutes April 19, 2005 Page 7 2. The Council received citizen reports from the following: A. Dessie Goodson regarding responsibility. Ms. Goodson felt that the Council should not openly support candidates for city council. She had completed a survey regarding individuals not paying their taxes and whether they would vote for individuals who did not pay taxes. The results showed that people would not vote for individuals who did not pay their taxes. B. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth presented comments regarding Council procedures and the rules to try and limit his speaking to the Council by placing citizen reports at the end of the meeting. He also expressed concerns regarding the Consent Agenda and the fact that none of the Council ever disagreed with each other. He felt this might be "backroom politics". C. Jordan Hudspeth regarding concerns of Southeast Denton. Jordan and Lanisha Hudspeth indicated that they would like to be firemen but couldn't because they lived in Denton. D. Lanisha Hudspeth regarding concerns of Southeast Denton. Lanisha Hudspeth spoke with Jordan Hudspeth. E. Hagar Hudspeth regarding concerns of Southeast Denton. Hagar Hudspeth did not speak. F. Lou Lowther regarding the importance of voting in the May City Council election for District One residents. Ms. Lowther read a statement regarding voting in the upcoming city council election. D. New Business The following items of New Business were suggested by Council Members for future agendas: 1. Council Member Montgomery requested a work session regarding residential cart service for solid waste. E. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manager Conduff did not have any items for Council. City of Denton City Council Minutes April 19, 2005 Page 8 F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. G. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. McNeill motioned, Montgomery seconded to instruct the City Manager to implement the lease modifications as discussed in Closed Session. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. With no further business the meeting was adj ourned. EULINE BROCK MAYOR CTIY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: March 22, 2005 DEPARTMENT: Tax ACM: Kathy DuBose SUBJECT Consider adoption of an ordinance of the City of Denton, Texas amending the fiscal year 2004- 2005 Budget and Annual Program of Services of the City of Denton to allow for an adjustment of sixteen thousand dollars ($16,000); declaring an emergency; approving the amendment of the CY 2005 Hotel Tax funding agreement with the Denton Chamber of Commerce; providing for publication of this ordinance; and providing an effective date. BACKGROUND The Convention and Visitor Bureau (CVB) of the Denton Chamber of Commerce coordinated and developed a new promotional tool, Denton Live magazine, for the city's various events. This new tool provides a comprehensive and professional overview of the events Denton provides throughout the year. This is the initial year for this type of promotion, which helps support the local economy. Therefore, production, publication, and distribution costs for Denton Live were conservatively estimated at $80,000. Funding for the CVB is currently $416,283, amended at the March 22, 2005 City Council meeting, which added $6,000 to their budget. The successful distribution of Denton Live is vital to promoting the various events in Denton. To complete the distribution, the CVB has requested an additional $16,000 to cover additional printing costs. PRIOR REVIEW The Hotel Occupancy Tax (HOT) Committee met on Thursday, May 19, 2005, to review the request. They unanimously approved a recommendation to forward the item to City Council for approval. FISCAL INFORMATION The City's Annual Program of Services 2004-2005 includes a projected fund balance in the Tourist and Convention Fund of $119,610. This source provides funding for the $16,000 increase for the Convention and Visitor Bureau of the Denton Chamber of Commerce for printing of the Denton Live publication. Respectfully submitted: 4, ICS ( ~ Diana G. Ortiz Director of Fiscal Operations C71 DIVA CE O. ?1 C RDI .A C'F. =)V T.1IL (.','TY 0 D EN'F0 - -I'F x:~S :~1:!E 'I CE T) F FIS( 'AL ~ EAR AND ANI\T.Al E'RO{ 3fR.- M OF SERVWS OF TM CITY CH; TO ;M-1.OW FOR :k ' :ADJI"ISTi --T N ()F SI "F1=E TOI-'ANI) DULL2IRS {S16,0 00) DFC'r.AXFN F%--1FR6FNCY-- _~PPROVI Tf]1- _1MF.\ D JE T C):, .1"fJE UY 21W-,5 T4(-)-[-F1 T.A UUNDE C: AGR1-J_.VT- -F WI I H THE DEN"1ON C'H_1MBF.R 017 {`{}~MME CI-, PR0V1L}i (7r FC)k Pt-.BL1(':1T]() OF THIS ()R1.?] :L C.'E_ A NI) }R0VIL)ING "}l EFFLC TIVE DATE. WHE'.REAS, purs~i{i . _i Oi-diilLnei No. 2G04-.274, 111c Gila' Cornlcj; of 111e C'iIS;- c) Elcnron. Uxas appr vLd i1.t Fisc„] Vca, - 1005-2COo B.ICIy'tti and Ankliiil 1'tou-nllu for Services {;114 -Bodl7cl-'), and NVHFRFAS" For dic, First vcar CiL~ CGLLnH cle4:red Ln :.I-'OCM the 1M jnrily 01` 1401. el Tux rove, wes to the Dc-ilton ~_'.`1t1I1111Cr o I Cl}]1?mencu, C0,1VC1l f iGJ tIL_.j V]s1Lor BLEr4.LL5, to b-. used fbr t[lc production" pu Acphun" ,nld dWrihl:'Io11 of 1h Fk1:?r.r?; 1-h-c r_iagyazi.no 10 pronlofC 1011r islll i01- ii ILLnl.hcr (I I-IOLc,1 v ~'nlwI Lm4[ IVHFRFAS" Do La1Ling iNs lII113-4:('['.d4'In'. l s. n aw C ourwil 4 ivurled shunising Bids which had 1 yojousQbeen ,1 ocuced dirccd-v ,t) iht lI'.Eiividoc11 o,,- t-jiz l-ions S(So s0rin . their rospucli}c t 'tnls, 4LLch 1h.u I'lc s.1LC~ss or I.'Illt:'c or,czlcll I-1'.-tll0s-- C c'nl c['Lp--'Fids dire-otl 1.Lporj J1 k2 411 CCCS4 0f 1110 ~.~N1?~+J 1. f. f' 1)1iII Cnrll1'n. w Ii11 110 11L`1L_LLl,%.t soII c;- oI I1I11,11r1L TOr .9d C.I tLS2II LLI drake IOLL.Fi mi, :H]d AVAFRFAS, mllch ;A to IoLuiil ~--iollsllny. E;tlAul{ H; W LrLlvd irciLL4m&v ;uc11 a; rc ixirants and Iod!xlno Mu also in oiM non-i!'tlk'd WE messes Mich here!!31 111{31reciIy fr7),"n It tlrislll, d:[,'vilds dir4.4'k. t_ or. rlc. *4ouss of each of Out CXMAw- L111-"[ t13'tis z1bi!itkV t`0 drivx Ct?l HMS Jllo &C::4'llnlt'•311(V )°t td I' {1 it{'I `Q i:': iHLd WHEREAS" l l _jnp,:t:i LL[)u;1 l'IL :oCVI Cct3?10nI it 'hUSe t Iu-1,"l'1-cof{ I,- e(I L v~SntS %VL4I'4- 1Cr I'ad t11=s "tar- or even L'toS 10 QXWL" W :L COIIsuc]LLeIICt 0r" CuUli: be ti1:'.v;iSt;ltlrlg. so L151ng loss v o 1-i'k-wT1 e I'-1 th PTiV.3fO w4'4' or nud Cllc I]`II c mm or m W, mch th-Lit 1101c t)C'.L:LIpallC ,111L: sidl .nx !x.41 P1S could PIHI.Jalm di rt-'%-i:mL`s 11"{]71'. ±2d 1'+21rii'L"!2 Luaus 11', I,-h-L hcgii3 co t'K cm the rc,,:Sumd propeny Wuc oC t tio?1nu u=lA rccclQ dep%ed of Iucal ~r,iSIiC L,,L 1d LLI LL.-i~I -'VC t_. _ L111ti.1 WHEREAS, s11-,:e th-- BLL.s="eL -xas ;11:npU-J- t1 4. (=4~r1''.I1ri~~ll ;in-LJ Visltoi- BurC au 01- rlli IX:nton Ch Iilbcl of oIr merm rup,m7s ihm it Ilt'4'& ;111 ,.L'34jki0J1'd 51~~L'4'li tl1CGU_aud r]c.lki- ~ (S I (},umi) r l di13,1-1bulion o .hL' ? I+ ti - 11ki1);ir;111{?I,; t:lld WHF.RFAS. ;LI11,IL.', rcctipit io doe :bmi how! ocumuncy L.Lxes wInn'o muki sahnQ AW, reel dwrehv avo di the WE 4x1 LL'C?13uMiC LLLILL111itV_ LL11d W1: ERE?1S, a iopuad by S ckon in o l, tilc I ILI]I C,i lv (`11 ~tCr, !i1e C'i;~- C:oL;;lci] lirLis ih:q rll;; poicnbril and 61TuvCF~ib10 lCHLSU lii4;1':-'S 0J-L1.-.A ;-IIrlClirl{, ~Jlsn;-(!',tlJ for 111, C.' diSt2`ibLL tinl; OF thiS Puldicut ion ma lm a gri v p_ h Iti nccassa)i rL''LlllirlltL ,`:ri'trpellp expcnciAres l{1 inev-, immad and unAr4.3ti,m conditi ns assoL'ILlkud xvi.0l k'll4 prEvioLlSI_'.' unirit'd ionll s?I' ai lc2fti~in . Which COLUlcl 110( bV ddj'iIri'.1! {ind alrendow ho ilwh:41 d in the Rud4M such .l1al a hw, ~1111s; 0110H A MI. MCMaVy ;lW ti .1pprc11ir1N : auu L %A[EREAA Ali Cokil1c;l iili,is lil,lt i11LS 1LLd7.Ct! . .1;C`.; 1 ti I It; i!11170-tar' tiT; E 1 .130 SCr~c ri ;3 11 L 11 uniolpal E,urIX'Se ELITC CKHIti311)ILHe,~ ;l£ ,an Qii110 MUM br expel dUare in the cun-cnt fii ~1{}' . rc;i3sisicnE %%---111 ! }?,111(1 t+r ll1c I c,,tls L-%:al (ovr~ rnliw-1it s-'tk!c, NO V-%--- TFTFJ~.~'[70FtL, I I IL C OUNC11. OF H IE C' [Ty nF 7)1=: 4 PO N HERFHV ()l DAD S: SF C" WON I , ThA AL ind n s go lbrth in the shov j7_-c.wnlhl; to this ordl.LyncL ',ii IFUC Yn{1 C0IT Q5 , IJId {LLC 1[CFLIP' 11LIOI1 r4{"- SECTION 2 hail 1 h C 13ue Q ; 11c r4b y an ici]dC;i: by !11, C I;l C.-,)ullil! ic' ilI.lov:' Six kl;'-n ihousand tilt}lairs ?S]6,00)1 i11 pry ioudv u1!L11!oc,:n! t1 plus hoicl uccE.p..n(; k,tl :'C~c"1?CS I[}r ?1 Ct1J l'L'Ll1 ?off+-l-rl In I-)e r~;1;lc?c{tliLl ks L'11~-: C)2311011 C'11i1!l3k,cr 11 .-)1?11110 CC C 0 [3~ tinliol ,mt ViSilICT BLl iL1Ll, Ar the ]mi'.'1 ose of wL11'131w71o1`rlly W c 411.`;kf!1'll0on i}I !Il.° Ikii,f!i IiI'C 1`111S~ T111L.. It, LC1V l-LiSC I0C;:I ;11-riS1k: 'Ind Cil turd." C%.L" lIS 1 1 11L11'4al v t3= }]]onlcjiill ' to-urisi - EC:TIC)i } ]lcir L}li* oroin:n1 C:= 1,-i 11 bc lilti;; r: ikll the (`ilk- S crting "Io iR t:ir4OW t0 ttt.3ch Copy cal ,his c}rt:il;r3_u:c to the ?3r dgO Lnlcl caMC % umenlrlou io he puhli hcd ones in LC ! IC) rll{,L il'31 ordiiialicu was 7p]i1L7wd b) w Unt Five 17 erlibers of di C lLv counoK, its rcylii vti y Scclwn us crl ,he n ,v (..lorwr Y SECTION 5 Tls,i: k_1c 1-L:vised CY.'005 lw[J liirlLJir1' .3<_~rc4r:lc:ll v.-ith ti3c DcriLon C'i1tt1. b r of Cn_11r11crcc is htirok ;1,1prc} M mid to N1:fya- Or C'I;y 1.-Iaila'-Qr- are -'hereby ztiM10rircc' 10 C\LCiiL-- ;hi,~ Vff~k~,'.d WVC'!ilOU! 4,r SUCh ir;I-,cr i134!nl!TlMS ias nut he uppmvY by <I:e i_ I A;korn,~1). Io ,-ffc.w:k lit' u:" rlli'l %)INlin;~llr:~:. S?-CTIO 0 Tli,.r 1.11i, URIiiian e .,`Lill hy.cCspw cificcLivc n11n=;iir!cel~ ilp~~n its pi,SSa'k' PASSED WIND UIPR VED 'Llik the Ji ~L ' .1f 005. Page 2 ATTEST: J} TEA WAI-T1=.TZS- CJTY SFCKETAT) F Y: APP ROV=D AS TO i GAL J=OiZN1: I-DWI S YDER, N"I'F.RINT C"T1 A'I-'I-OR EY 'S ECOND RLN:ISLD AG,RIT F: W E T 131!•'T11'L.FN TTIT (-1T): OF OLN-1-O AI L} THE DE TON C TIANTBER 01-' ('0N1:~ IER(1, (['ON FN' & N-ISI TOR BURIN AU ) ((:'Y- 2005) PROVIDE C [{'OR TFIF 1'AYNIh" '-1 AND VS1_' OF HOT IA, "T"AX R'VENUE TFIS r1{:i[~EENIL T l:r uic b'-'I .~;:erl 11-IC 01i r71" L> lrttan" I x }s, X 91.Lr1icil a[ C-01-P )rtlfinrl (Mc -UITV,,L and l.le Dc:!a o11 L.'h,tlilbC"'' tl C't}1nMC1"C.C (C011V _T;Iig11 Lll~ V sitni-:s 13u1'eaLt) " 11O1i- prof 11 coiporati(lI !rata PPM Fled ulld r kc l.ms o the StaL~ 1"`I -,,,s l _hi "F3I.1RFAL:" IM EREAS. Tv v. TAl CUM 115 012 ilUllW! MS t_"H 1: to A v h~. nrdmzmcc t n1LL!11ct.]a~'. h0t;:l 0CCL][1f11_--y Ml~ (110tc] -.1[a? t~'L_111{~ SC1 v11 Penor G Q ul" the ct nswerrl'im 1 a"d by r ]101Crl ! IC L UP ffll 1, .1.1111 VA [1=REAS. A: ordirr,rlca CTVY but 1am% ifr& ilia 1114 asscyuml md co[]~vcdun Of LL rllr:rlici[~;7[ 1:r7LC uccu]3..r: v4' I~~ i! I[",e C'isx ~7r C 4!r.om of we c:!1 1)41C::r_L f l t; 411r': NVI-"[FR AS, AN, JAV {"r-am §351 A M (,1) 7trhi dud CITY 10 1150 rOVk 11LLC ii'snll i14 _r!r:rlicipa[ hot;;l cc_!latu!c LUN k.) [.r01110W 1Oulis1!a and I[1L-- ct}m"C1:-lion and hotel fiid lsts~' by Anvl"t A i q and Cs}i;,[ur"ing 40kil11LAns and 1v`"5Ir1CaL1; rwl 2}r %ginrll9 io .Zttr^ti[ tta:in~15 and Convct7 [on U41C;gaWS tor rcgisIrLn.IS m 1ht it,I'11"7i]),111 y,:5r kIy , icj11i[,. al1d VVHFRI~AS. BUREAL is well cqui[ pnl hi Pe1- ml. tlios 1.r ivitic, Sough A Dclivorl t]T}i' 111tQ11 cl'Cs Visllo'' 3 ] LLl''tii"I: artcl Y A HF.REAS, Ks. I'SX AM \35kJ01W) M 011M 4_]1Y 1 JL[v{~t{ii bn 4'on(l'Lar;l with It MAU m an Wp ldmil. ~t:li1~'" Llic _rr,.ra 1~c!ncnt .n14[ su=~erx <sic~l, of 13ro r,lall,, ,111 activilirs o!. t'l1L~ I~pc c', cwl-ib4ec h4z'eirlt,i ovc! -i'u!'1d d kN itia rc elliIk 6-01-,1 1.[.c rnruric nu[ I-...ou ! oC.c11pil cy ~a AVIERI;AS, die F,ank; .rove IhAl ON WMcd il~:Icek~luclli E[7LL11 mild-sede t:14' pr'Ln-i us ' "y005 L1gre'Ct)14:r_L" Qr I.ic p !r!poc L2 sal Pn)%lt[t'1=? of i. }110 I I A-,nd111r,., f4, ad% c:7c,lsrtLLllc vl cl1LS ; MV_. THER1=FO F. in cmi sic4 r,l;in!1 of ih ,,cr ,Ell.D)CcL 0i' 1110 11 ,a4Lli;I Lc C[I'LU1IS :ill l}!omiscs mis incl STti!_l, 0 Wind B RL-AL rcc LL ld Colltrac'L I"~1[ r1',~ I,I C'ulrs1de radorl. For w1c1 in co11sit'.cr,1;ion hc- tI Cii't"itl{:S Lu be ocrrorme..I by [3LN :nl~lcr i[;IS ~reenlcnl, t-[TY LL' ,c,. pa, io 130U V CITY at the rows ,Ind in the manl,cr spec inod ]ionni ssudi ] gvicnt4 by CITY a 13LIRJ_.,• U sonic Lallle., herein re fined Iu an Qw i3 pi p lyll1C1Ll: S 0 I,ol I tax I LIa1d"")" (a) AS LJS,.d ill lilk ,14Y~ca1_~r1L" L 1c 1"011OWii t'. ~01_1113 s.1u[] 1srt-,:c 1:1~: [oljokvin'~ .5pccltlc mcallings- lit 1 11e ; !!1 I} ~c] 1£i\ rck 1~1e" sn!111 !110,111 Q cos.s ovoidus L's)llecK and rear ved by CITY :15 1~1!!;lic']x::l lt;,~cl csCC"l _,Ir.t~ lax rl1 the ral. Of Sev;:: pk!-icnl (7."') ol, the Price P+ lid ii}r a 1-ouli1 i[1 LI 1101.el, 1,111rst1.t1 ~ [L1 ] tfiw~ C=ijclc M(Q tind City 0].dir1{l1lcc. tu:% reverluc w- l incli-id pen.Oiy l-id lmerccL rtlilt:'d L(,, 111c Ia.-~L payiljnus o ille taN r vul-lu h Ac lomp t~ er- (:i) Tiic rr11 --C'owuaon pcr"Od - will lucall 'lic collecllon pcriuu Ior (71')-s ,i,~ct11 x-4;11-. 11 'xil1 inr:-1Llt 1101cl [:i-N 1-12VE111t2 It1. its C.'TTV LL-or the rc:[L.vanl 1=s~:al 5e.n ~rlcl 00`I c..'c T.ilroui7h I 21 u1 slat - o 1b nionih IN" Q the cksw of the tdovaul fiscal yew Iiii) 1 `:14 1L°1-III 40 SO lit X1'1 nI i]i110 UN" sh'_J I -alL [Icl -%111oUTl' 0 11 0114- y L'CjLt I to .oral 11 L)4 4:[ iv%k21Lttc lltcied h} - C 11 Y L:41vni a u I roIav;mt pchod of thno (Lc-, isW car or hKal gLr,1rinu NO I l t Ll_ld LLUditi1141 cc;~[~ i'l~lllk~il ~Ittrill3 s,I[Ch 1-1, ' `Jrlt 11Llr-iOL! 111 t.]T.L Ci31 C'0, l 0f C,01!CLTi01, cw ttLlLil5ny sal' hnrc; , ,'xp zlycr& A'tL]nicy and iiiu ding costs inclllcl~ I cs 13,1111 tL) ;3.10.'1lC k' or ,[gic1T1s noI in tale reg;j1,.r r111)1oy o r C TTY' Ior which moning 01 i1`-`anis C'hA comp'lIPo (r1 W,leclioll of .hc 1 otcl LL1-l 115L5[11 to%pu}'o'rs; and (2) court cast= Luld tlLI-ICT- txpensen 111cured in 111gc;>: w supi1Tn or L1uthdri-. nt- SKI I iv) I h ltvrnl " cn rj[,-{'k l quircr shall rcly to ;m il4 nwr o M calerl hu vex in v--Mich this t,'1-cemem is in 14l Vc. f. b:1usu cjumrtt['~, X011 L'[ld oil N.j-L-irc l 31-:. ,lil]lc 30 ;T14nlher 30"x, ''11ct Decorber l tl" eac4 col=t nci ,a . (11) 111 I4tL!1l, tol S:tII T~jCtt71 l3Cfr4i1111ow or In t[ h-IW set rash :11 11115 A reeni 11; t,?1i1 all -Zuac.iTlu n' hcrcto- C'1T1 slt,_]I pa _o Ii[.i-A1 al a1r,s~[[1,' of rll~n~.}' !n ~;a~~11 rc}rl~racr L2111 it it) Ih K;cr ;Himu[11 f Full S: &N mu! cvooh Avo Chic ] Inc11'edIs perm MINK) o-i" zlic: a1u1Lml base l).: 111~I:C ;,FII0U11T 01. tli~. tiwd trOntrac ---~IlloLilt of FOUL- i urlclrud -1 Ilil-I -LIVO -l-llcrLtStL1-j l TWO 1-1LLIIJrCCI Id Ei1-1[ruc Du:.lairs 1432 F y This LLM0U111 Wil! he ciiViciecI into qua['TL'dj- payn tees 4'g aid to _599 at d c {1111 uLl C01[[I-aCt L111101-1111- L1n1C~S Cl IA' C,~Lll Silt?v.' Willi Vc:d4 }llahie CCI-La"111- l_l.tl _kL: ;r11ILt,Ll hLTS:: 17LLti11-1011 artlOLLTj' %1'111 1~ Ins 11111. +7}aYri1.n11 ' esLk-!Kited for [he Qual yct[r. The AM& lutn-LeH)- 13Q!l10UL WJ rclmTwni 25% of A: MCI C01-ILr,tc1 :11tn(A!'l1 or tl_it: unp ic1 rurn,lincler of AM, of We Use ll,l',`t11L~)1t a111ouM~ W-111chc%-o.1. is less- F ich quLlrrody payt11cm is suh ac! In rcccirtl oCunltsed Ws Dom tlic p or cwwrw in od and :Ile rec6pi of'he recluirecl quart2rI~- rell0rLr;- 1.3 Dates of Paymean- (a) T1c ILL-il2 "quaric-12. 11Lyl11e_11 - y!IL[ll 1?lecnl 11LtyinLn.ri by C1TV io B1-Ti0T:1[-1 of tho t :isllt~urlt.3 !E10.ci ric-d in':I love- Li~ doe tAnetl by the hoid w invenue Wowed, f ?1 FLI.Ch cIL:Ltncrly pu TUClW ka l h f±uid LT01-i rcctis]M or L?le required relmrL and Wer the 2 5spay Allowinix 111,2 1;fsI t1;t, o, Ihi2 C011I1-iHi L111 tr C'. If ihic quanMy WON rcpon :is M rctei cd "I&1n d Anv (3M & ws 151~111{: cnd of die apyVa to C1k1muc ipartai A l-e Gip l1L May be l;dd W Nadi A tlfis ~rcc[f[Ul[[- C:1TY tftay %AQf1 0 Qu clu.[1Ledy payinent(p umil die ppropn.atc rcj1')Tk LF-'C rtctlx.'vcI i_Tjd C1;1)r[1vLAI- w N L: h allll - n m 1 AaI11--c,t 1r11rctfsonn b I y he wh111)c1d, W H C }.tiY0 ; K A I'"d cow MCI Isoco d A5olu: Pop 2 1.4 Othei- Ifinitation% rtopj- ling t:onsid fr;ltlo~l. ~.LL} T e 1L_l.u?116 0 111>., 'L=%4 111 11o .VLl,,. C011?[11LIti { k ~ ~ li=p 1"X. LIN 11.1I!dL?lg [11 Ifli. 13r's]t~1-.3111 13L'vond :I c c1.a ntconnmc1 pc riAl_ _x ='u 1.-ITv ''LLI-din i;1iz lIV'111r-CSp() llsibiIiL~ of i3UKLSLY W) kl is express, irrclo7ood Rai As comma in r, 1v ay oIA garos Ii-v GC11er-111 1-LL r1d t-~ l- .l oil .Ur,iSu F1it4 (1rcrL!diN ttf 01 Y. (c) CITY 11-1v %vt1hl1')1L1 'Urtiicr .._lt?L It?C111s it {'f[ 1 ~icl~rllli[lL'5 lilts; BU X1=AU-.'~ c\17:11C1tut-cs dcL vl;src inal':TililV !l01111hL'i" Lfl))?, [)1'ti'1 bLUige1- 11. L:SE or 1.1OT11- TA RFN.--F T1 T. i We of iE+tlnd , Ra w6 JLL 4cLjisi&n-1=011 (if R IC p-s}-MCM h} CI -I- V In 131-i REAL', agmcd laymcros o1 hMc1 lax iU.Iid s;tc-ci6ad kovo BITE EAI tL4'ice- I[1 Ls c m1C1: 11o 1e1 k[i?; L111'd s 111114' 1173' .iLIS.'Cili5i:1- and CO1l:ILICCIIY! SOlitiii:;altisiL3 Li[1tf ~a~,?1T:ulicxJL:L' pFLSgr'~f 1S Lo .L 11?'.Lc1 1 ]L1rIsr5 tir14~ Ca~t1~ 'in ion. dclegates o1 ['e~?15tr :i-. to 01C nillIIIcinah-". o . ll '4'[c11.LL ~ -Ls akid.ohycC by TL\. F_a\ COD',_ §351 A ((fat Funds lbr _ ny cAndar your "itch are unusW hy I'll iL1:1i811I k.)~C~171i1~1' w I' 0 t11a1 VwL11' 5 11L~i11 kll rckilllckcci to I +}i111i11i1 3r,ri] ti la's, :Wniinistrxiiv Co%rs. TI.t 1' I.A Ix 11 In d s rucA ad I-rsn'1 CITY by BIjR~'.A U 11,7 bcc spt4 11 I[1:' sL' k'-tcs [].LS;' s}]7`L?rzlt=mm, csW mL: Tlick Amin. _1- vol cxpcascs and oiiiL°i tlCltlli 1iSU'L1_i}'~ ~osLs rlIn, cd h v 11 N, +I AX A nIT §351.5 onl'y L11Cy =rve11`,' aU61-) L~Lahic tl1 1v{;rk QT1 progr rti W-1101 I)TO1310le 1-00510 Mid 1ho .1[1?i am L' tin'i11Linn insiuslrv, -5114 ,hich also promw alt least olte lei ;Iii *1-,, 54t;ttli0l~ 17L11'i}0-5 05 C1111n1amad 1111111 11A. i _ X 0 )L Pi Ha). 2.3 Specific RestArlions on Use of knuh. 1Lo BUREAL Purcon W L.Iu1L1L-}]Alis'v WAL cvV.lpLullcc wish inc ri:uord k--.-ping and up"IC)TI.m n.ltun? lin;itLlL1C51iw i:1:pt1cd by T-.-.x- and ~ 3'5 -1 0 (L:) ;111d ((i'I- f.3URF.Ak_1 shill not WIN ha l tux 'units I-n_' :1.1}. ux1)onli1L1TC which has not Own .I)WcMly sl()clull~ri tcwi Io ';.Lii" iy Isle 111191114c:~ ~7cL I-[1'-11; in ?.l 'Liz ltl ;lk1rn-c. (1) 1 H(11c1 ILl.l' 11Llkk 1[1tL)' [1t)~ b-,U :;J) t: _L :0r arLL%i:! I'L i-d l)t;rwQ11 10 -i1tt[Id zL*T CVC11L 01 C01LC!L,L-'t all uwdyky r1'ti p--.Irpw Co---uldch is ;101 dirCcsl',' r-:hind to rho pn:11Lsh n o1-lacal io} i iL iin and i11~: corn'011tn)i-. D..1d il1C1L151r1' CC-` t1,k~ I tr11r11tlJt~v of []1'-. 11~J'3U:1 ti ;ikl; i[1 all c'lficir~'[1t ;.r1d T1i'LSlU [l1.'lLL 1111..-Tl11cr. T11. RECORD KEE1 TNG AN 1) REPORT] NG RE QUA REN-1E:NTS 3.1 axiclr€t. {11 i_ UR.l_AY_1 ;1-,,.1'11 ]~1u1~;1rti ,L11d 0 0:r 0I Ri the Q v M;11oger of CAN = i11nunI budge] L,&-ibit '-A- 1 ;1s g1novad hY she CiT). C iIIIC.i1 lo[- w"a0h 1 211cat r q, ,I , Co I- S-,iC11 op:;I-aljOnS of BI-R-AI-- i I i wI;ic11 t.1c Iic~iL'l IL1l fL1IIdq ~1_',111 l)c U-;cc h] - B-. [RF:;II-. Tls ~3 ])L1;ige2. ~11.III 1)4ci1i('-111): icl?1-, 1i 1-y- prop (Iscd -'x11C1idi 1'_1r~.:; 0 - Ise,Lk~l L:-,L 1'-:,idi, 1)~' -BIJRE I.". In aher mW v, C-1 IA sho1_lci be n W to ;11Lti11t SC)4C111ti Ily HoT IN Il nds 111 the scpsl', c tl44ounl- [1' ;:111-; 0 A& tax Rinds Q1 he cxptr- ided. C :TY slia-I liot I)-, 1y IL) 13 4: RE.Al - ati I ioik.l tax rt v l1ues -1s Lt C(-1nll 111 Scc.tion 1 O lilis c; nu sci during uny J!wal 'car of This =14:' r'lti~ 111 ulih~ s ,I hudgi Q such vosu aiv S cal yenT Ila 11t2L`el apprc v5 -d lli %,.-111i;lL, 1) ~I.t f Li1-.ol1 Uot1L.: L1 aurILc)r_r.ing the oxpcnc awe 0C RMds" Failllrc ro sl- Lb t t 311 a[iiiuLLI hLILi{': I11-L' 13e 4=orlsi&,-cLi -L, '3l"L';ici, i?i coivlncL :u 'u I r n n i reniadied iS wnsid4'";'c;i! tPrOLUAS Rw lo-n 1nal ion o this AnroCllIL'[R :LS .tiLL.L.-Nl "1 4.2. {Ll} BURL:-1L.' LLL'1-JLC}wh:d,-c.E thm the ;.1p'Lial N- such hudget Iy 111 D'c;inou-_ City Lv'{)ilrlcli cr4:aw; a rig uciarv i:ll=_k' in BURFM. 'Svi;h rc~;1C:~.1 .n d1c. holcl uwL t4 nd", pa1c1 CT-TY to BURFAU { ndt{ r t;lis A,!'Ccincla- BL.-REAT. shal" eel enrl 130[(~I ;t I"Lal1c1 uL11V -n 111 tl~ ±ln t' al.+. Io.1- the pm-poscs gwcAcd in Ads : gonpon- kpv T;\ Aw §351-101w aild ill Ole hlidtl2t ;1S oppawed by CITY 3.2 Separate Accounts. X31. RE AU 4'n 6111 Ill,Linr,li1) ill;}' I~otcI tai. :-LL ndl, nail 'to 131 I-p F A U icy I"Y ill a ;Cprate Check _1' ,1cc:iw 1n1 or m'ilh sL'+.}3'cgow Rind aL coLinhiL s" sLLcl. 1i1.LL -Dn~ realmllable 17eowl am Levie w ;he a L';1 w tis. mn o Any ghnn eq3t1'iC1.awc. 33 Financial Records. 5 IRE All sl_O inahaahi cc+1.11Me Alhl ;lcclnrlt~ fir,tl:C1~1: 1-wwWAS Of "Lttll ~ ;~el3ciiLLl.'e LIE Lhc JwLel .::L °"unCls 11rlLI 11~' C~UR:~~,-~,K ~I~re4~ r1md1ti L;Cc rcc11:r1,cA t() 11c: c'lassll ed as 3"~v~tr'C'1~i "I!IAs Co-- ;LLLii i11';11:'1zLt 'G1;ITT3s Sm. said ]l`p 11(m tic used Or colluacled services. including. bILI not WAS lo. ;f; dhin rC't''S ,IILCI i:t'C}I r1L'~'s L~vcw" Upon wamllydAc 'r!lh'eLnwc wr uni rtclw. o rh-- L~tiILtL1~L City C OLLI[cil. th; ('its' L-M;12,LT 01- clt4i'_n3,rt~" car ether p.-m on, 13F:k EEL sliall m611;o !~11ch 1l11.nlci;sl rcconLti : ;I}';!iI<LhI ror irq)Cr.1io'.l ,illd r,-.}'icy;, by t''14 1xlt y IllaItiili tllc I'cc.L= 51. 13 l_:pl., 11_` Lu,clerst::l cl, 6111d accopis that al= tllcll and 'Illy a Icy P+„c0 AS ml{tliJ1 ;0 .his 1-!l 111 Sh,1ll I):! "ll06cct to Ac It i Wi c Info n iLIi)n Aci- TLS- GOv - T Co:.rF" L~i1. 533- [15 hc-rcafr6cl' tini14 nC1cd 3.4 Qiia2'Ccrly Rcpm,f,;. A her in ilix!: receiN of We hNc I'7N nlds, Land wkhin t1iin ` days Her rho cnd o 0.1'45 y cs}I,rynt q iwoner. 13F R P A L..s dH WAS ro C 1"T Y- ( 1 a.,ni tilcied 1 _ralicia, rpoll , ( ) t: li L 01"tllc xpL'I1Llit41W 0 L.'dC 0 Y C0p1as 0fI11 iILvo--L'Lk or Tcc'Usn.~ n'stl, rc~~zsrd Lo hoLeI tu-t limcls I fl-.ti I-El t u, TIA. TAX t.AMN X3511 (d 1 C h and tiLIII <rr.Lli iinarlci; - I (,rds, w. g.. Copies o : fil'3111 mut back cleared checks or lark st.uet11 rav and wher rt t ;inn dL?c.L11:1~11t;l~LL~n1, BUREAU Shall pjvpGrL: ~lEld dcli%:wr 111 1-r-1k-)17c i6.l Itir171 ;1n,: 1111;1r-,L:." cpI}L-C1"-C(1 1 )y ;11L City Maragor 0-- Lacs liatc. BUR ...\Ui sll,_ 11- Slp nd pMnTOY ~n ;fy rcy114:-.11 dic (=_1't' M.;i11:Lt~c_1 i)t'C [ `r", or d-sic:rl, IiDr add-,iL4 nal inib?'lnaficin ~c!a-6hl, L4: he a;C,lh'L ws IJiCt4if1I]4d 1111dk r this "~~~~_v~l:ltlfr. 3.5 Notice of N1<eetjn ;s. I3;-1REA's_' shy lI Lj-iw lilt- City ~'1z1L1{l~~'L'1 01-CITY rcasona bbl advallCC u~liucn [1L11'L'c OF W 111 C ON Iii wo o III. IL1'4'tky of Bi.'RT~ AT --s 9oard of r]ir[ clt}r~, as }~'l] ' an ,ether meetKy o r am. c[InsLitLLeL; y of BUR E AV ut which Lhs AgTetmellI or .Illy 1`11;ItL°r SLLhjecl ltd lli; .{xrc111~n1 4=1~L1i he c[I1i41[v°'ccl. IV, TE~ R-11 AN D TF.R)MTNATI0 4.1 Terri. I'LL ttnn o LIl1i _ grl'L'll:ani Aial1 UtII1lIL10WL , 0r-, .1'L'.IIU} Ll- 2003 21,ld ;el-1lllll,!LU "Lt Lilid 71~11t oil "l_LI_LLan ' 21"I06, 1lo%,, ttIL: 13 CLI_ra,L` 1)ti:L-iu 1 S1!iill CulLI=I'L'[Icc L)Il riff-U ll" ' 1 , ,"l05 and Len 11L1na a ni-6drli ,lst L}[1 lilt',CY 3 I" 2i n5. D14 il_OS0 UXpC11diLln-12s i:!Ith.0T-iY2LI by C'l1;iptcr 351 0C lll- "lcx;3!~ '1-'LL\ C't1Llc a11d t`1 L: p.rogral1: 1.LicLiinc , tik'411c11 :Lrs' :1c tL.;111. I OM 11T d LiLlrlno the prti+nun pel''od. Ar C''Sa10 L,Ild il{';1;,'![14$ riL 1)iilcl": wiflI'll 11) l)['oijer{.171 1?crlod, arc L!Ii'JbIL: lbI c12 t A200 HOTOnd M , M,',oir.s lot'S ned i Page l 1Lrr'i51114~ :Illd1' thk {T IT011Ci1t, Lu0 MY 050h10 CX1)Cr)NllKV, OF LIPS1]CM IL1.11C6 511'311 -,'c -6r L1 lei l 1`;1011ICR11LrlalL011 t1, I I I 1trR,-t11C1't" 4.2 1 rmin_ltion Wit11ottt Cause. (f=f I hts tirCCL11 1't ILIa%.' 17C I. ermi11,Ltk~L1 ~1[licr rrltLrtt" % i'.I1 0T V, IC110UL CaUSU- h~' ~L}'l11 thu cc her ,?my sixl';'~0") da_,'s _<dMorik~ti ten ,1n-1x ~ (b) rl1 :I.c v}'Lm IN 4;l)[i;r at in ICI Iil!ni! ed bk 4`LLhr p.Lrt,_' puallmit ,il Swak 21 TAM, (-1TY agrrc.L4 to rein7hm-SL i `s_ 1 1..11" foi ,Il ccnJt_`11t~L!~j1 t;1;liylIkwis of BUREAL mld,.r!aken ley M j R E A I i in sLiti.,Cac_ory 1)errorni iii cQ oV tIiost; mu,A A 1 w sy cined 1n J and 22 tLl}ov W t h a 0C 17 UT}P r0VCd h4' t11 v' (bLLL:cI: Ihro[Lg"i IiIL 1)[IGs_wi, 1-15 r101CLI }11 .I. ,1'11,s T21 1111,u1'S%rnICIit Ls c0llclill{i?1 1-1 llpoll ~lli;li 4.i?1101 tiial nbhg C ons had ng bwi 5Kunyd ami onteNd inn In the good Ell fl) pi :"rf>rm l11cc o ihose s4.mc": s ('o,it4'111_x1_itcd 111 5 *2 . , and zL17ove. and In her co MOW L POP SUC.1' COMl it .CIU; l' oLi11L.°,Lt,:,Jls hm-,1TL' a L-vr:[{, 11.0L ti:XCti J i [ I g Ll1i ;1I1 Let-171 0 11115 AZl r;:1~11](~ I:r . Nom.-LihSL,indin{r ,i;ly pl-ovisjon h,Sron Co Th, cL}ri"111-1; =I"1- oh'Li`7ation of C 11 to rAmburm.. BURE_'lL: w 10 as5u[flt 01C Fiur[bmwncc' of al wanr.mnI nhQ_l ono s)1 13UR1_A 1bror L111clCI Ml C?M1 FI.Ct iI=iwlCL, mu b H 3_I?SEA ;:S cu111c1T_plawd htirci shall n&L cxctcd 06 i oI Lhc Cllr='C;[i: gLL'.lr[Cr14' 1} 3 i0111. (c) FunhOr. 1.11)011 [r_-liL_na=iL)r1 1?Lir Lralll 10 ak B Rk-. U' vvjil 111-ovidQ C 11 Y: 1) W~Ali.l 10 bii~jnm tl,, Irs it Ih len1111111% r.Q;ic;L6011. ;t Sh0l--TCYl;l l)Ud,,7c= tai" 111-C1ball1C c%pt~nd1LL11'CS 1.or C Ci;I11t'llnl_ig 60 day poinod b 154 con 1011'.1inalion nub L icaiiur? and cont.aul tc['11iinatiolL. Pds huc1go jvdI hc, pscsomed to L ou_ oiI or ;ipproi al wilhiii busillc.'S LIDV:s tLttcr rACi}1T by C"ITY" 4 WFEW .PPOVA is not 13 VW Wilhill 10 DLLwi[li=Ss ijay_; LL11d [,'lc Mugu} clncs not co ills .1-1? eXpi-T_liiLL11-CS rIT;`.L ~1L1 41 zi 11rol61ii: _-d Ilie 'F'fx L; l ll' Code, Lind 15 withi Chc C.L1mnI conlrllc.rlml pohn i .LpprcrW hmk-,ci; [114. hlhh_el %,-.'J1 % 00nsid%~rcd -Lipproved. 21 \.Vit€ hi 0 da,,;v, I full. acc.oU111,n of all wNpcndkums nol prcvji-3Tls1;; ~1.11iitc~] by ('iTY, ) \-VithilL 5 }udriew c1a, W a rCCI m: 1r'411=1 rl . a llSi 1h1g t)1 t.\;1 rlcli[urc 111.u ilav [}k'('III~wC1 sinco the hkit 1"~L1ll',TL[l Vii[) 1-hn n pe%t 41 AN 1 _1L'Cau11drg o x_11 exp,, ndimr4s ;II L7 rax fimd,; c5i) th Clay Cf lol-ni'mai',on. BURBAL. "-111 he r0l ls' wd to mum am Umis d 1"LLAS or WdE dwen nWed 1.t. he LL,ed 11z1propel-ly. Any LO C Of rc11i:L311111Yr ([11141s h% 1312RLAL ;s11CI naTillca ioii or terminal-iu_1 i5 C4~31~1?tr t:is Ll U!X)tl S11CI1 L C(W[171C111;I! i f11:L?nrli=111 lli;An Am L[1CL[Crt4j all.-Li Cl1L:FCd lr][0 In the 4000 KIM pwfcslwa1TCC oft msw vrvi[:rs cCsn criil)LITC;C1 i:i 2"1 [,1101 2-2 and I'LLrther cool 1it:Cned UpUl: SLLC11 L11Lll"iL4rLl_',l C}L~11v~ijf".1I,= ha%ll y d 141[]1. ON c:{'.l'L`LlQ 111~: 11-1;1 it-- 11 Cl! [hiS Al'I"e~21`1 1e11L. 4.3 Autoj7 adc leTlnWal!{lll, 1h .l [x`rlnam SKI waiolma call % tcrnlinutt Ll13nn 1.11e occurrencs ti, mnv {)I die IN ;cill' ng L'e'ans: - 111e IC 11Ii1 1,.Li~"-1° {1I 1jic leua; cxiwlcncc nr' FAI.-i. 3ht 1 i1t~, insolvoick: t,I 13U R HA U, the ;iling a1%a pc;1FOn 11? LL-l..1;rLlpLCy" cithc, VOILHIWLrilx' Or m-o1u:iLarior all assign111cm 11): BC."R[A(.1, ik the l1c':iolt oCc'rnAm (c) 'Fl'-.k: t:on:L_1LI.Lt;{11L al. a 1~[L{lclL (.rf ank, of dy Lmus o L{}1_ kh s o INS Ag14avolt hy citllcr CITY o- BU EAI... ;c31- 11-0371~ ALM tiny ( 30) tj g { Rei- wri[wil. nod t of ,wrrcli brc h is t=il l ~l Li the 1)Eeac11311y 1)L=r:}' 1) -y 1-'1e [7IIjL-r 1 'iFIL or C VR C 2 90 Itti I' -':.L_IJ Ct, ImC! T;tt.!~t~tli Pn ; (d) "1-11c _i:ilUrC -)rBV ftF.-U io 5a N tllt a rill{.l aI q-."'1rrt~.ly rk4pol-L %\.Ilich ccm11)1-es w itll ?11c = l~tlr'ing procedures rglArccl her & MIL' s~cl, r'~~ll dCC, Prctl ;1L.r:4lUnlillY jKliple; p1 or to Q h0{'inAng of Hic IwX C;L}l1Wa I .-.1111- 0 rLILI.Lrte1.1i :Iq FL•L''IiTCd h~' SCCTi017, 1 _3 I71L,-,.Of- 4.4 Right Lo [mnlct[iale "ferrnirraM#iorl Llpoi1 [Ailgathin. Nom- _t115talll{f:"s1~ LLll~' 01,lel F1:"Cs kSlOrl o ON A rccmem. to rohigo tiltul;ays and v preserve nvIdmc~ C and ; mie1 ; for ildicia- L~c r4~111111~;t1<~r1. k.ll r p-L'. ty s1i:711 l.nvc dw r gh; in wrll-, natC ('111S KrtCtlWrlt upsi 1111;1ledi e nowiC:C" I't 0IC 0Lll-'C F)ELFL_,. ill d11 I 111LL1 Dn)- 13Lr~;O 11 1`;JS I11S[]tL:CLII IL-12 001 cnnce1171n 1h au NO WN U_ Ac Ilolt- ts~rtlIiIiLLIjlig P arIy- :Ll`.1 l11L IL.l"r.llluoii 1Y? pa ty reaso 2i<I}1 ' t1clLL`','us 111u Lich acl.iviiicS arC 1" gcllrL`d orPT-ohib11Ld I111di~ ri111~_lgrwC~11',~'!I1 X13 Me evan thm its Agreement is ra1111i1;1 od 'nirtit.vo LU j%3 sir HC RF A i fines to r-1--.11111 r;:l a!ld li 1,111114 -0 rillld , or AIMI5 LECtL'31111i1vcf by CITY to ll-ve bcel1; L,-,e6 1111~~i{~t??rl~, 1 `I Ihin 30 c11` s ;lfle.r le1-r11=11;=[I(.'.11 Mks A.Jr.°.x.11 alt. V. Gl-'-NERAL PROVISIONS I Suhcol) tract fur P r1'(Pr"mnce of Swi- icv.w, oIh,11, i11 tlliw A,2 r cIIIcl:t slltt l J rol11,11it- 1101 hk collsirLlCd tc> :~:'0111k1i1, ;f,: . ~k1x14111 Iii- HUR- _~LL .lt :u~L}uicr ; r:I'LLI • cntiL_,;- r.crSon, or o'.g.'L1ILT.ItiL)li "or 111L' perlOnvoisc o L1onc il'rw&v clewr]bal hi 52A .Lhava. In lilc 4vQm that IN 1 R E A I : uw ry i11 LO :,Lll' ',LrCLL_1~-'L:L1ltt=L, k 0 1117d( IL::l1 01' 0t11 tilll-i~e- a.iLl1 %LLc1-1 o11-1e;- crl=ily, 1)L'•'So:1 c,1' uraalti.fa0nu, BI -REAL.' E --ialI c n u s d ,uc.h tA 1_tr •vllL y. p c moil- n:' or.,-'. nizi1iin-i to adilcrc t17. t'oiii' nn 11 u And be sl.tb u w W1 prnvishms, lun w, and ccrlclihous ni this A`ree1nom ;md to W. TA 'ODE Cll. "ill" Inching mpnL7kg mquiren3eni " w poraw 111 dS n1alncenanco ;11Id lire hat ons and prohibitions pci-t{Lh g to ex pe,1tlKme or ,ll: arced p3y111cnts;lnd hotcl tox kind4- 5.2 1r1[Jt4pendeni C'oT1uaaoi'. BlURI_.1I ~d_L)il t,,cruLL' LIS tm ild,ptildcill MILT--CLOY LMS 10 ;111 21-Vicis tc7 1~e l}trloll-Iec1 L;L dC-1- .11iti A -geLniL! t cni no as wl 0Acer, ;1Scn1.. 541-.',in,c Or cn,pIoycc 0t' CITY. P Uf ~r 1-' 17v.' k'Wti1siv ;.1"111[,'{.'': of 11S 4l{1('J"iilirlll3 111d 1_"-TIU "!IULHCL: 01 SCI-Viccs IlcreuildcC, a:ld SLLGII PCI-S0,15" 1IL ILItiS. or on-ra`LlLlfat ono per An h-.-.Lr sL111c and PI- FAA- 711aH h sn1c4 rLSl3{]i1KI Aw the acs Lmd k310m;LLMS ul =iti 4lLCL}Ll~;.'s" L1I:1LL`.35, cl?1i~~0}`LAS. 'L~#~C113, :i31~~ sslhconiractors- Bi -'R`F AI'S11ilIi L10L 1) 0 L: 011si<:0 FOCI :1 Pt1?Vc. nrjninl s-c:ullr4r wilh C'I1-Y. _lor sha€I 131"7RFAI-, ~)e conEicf,2r~c{ ilor :n all y'r.Lulllet. 11 4x1{' P0M w :111 :Te11t (11. of ICl{l1 rcF,rescI11L)LIVLc oT ( 111 S.3 [nden;nifiu: Lion. BURT.- U AGREES TO IN -DE HOLD AND DFFFND CITY, ITS OFFICERS. AGE -TS. AND ENIPLOYFES r"RON-1 A.-ND AGAINST ;kN ..kND kLL Clv_kB1S OR SUITS FOR INJURIES. DANIAG . LOSS. OR 1. M3Il..l`1 Y OF WHAT1F"VFR KT ND OR CHARACTFR. ARlSi C.' OUT OF Oft I CONNIC'TION WITH 'T')( k']11 C)f11C[- BY 1111 fF:1C; OR 'LI[<:1S1" C"'1"E 17 P1,"'1'1:1) BY THIS A REU.11FXl'. INUI -l. [)1N(:; AL l. SI:C-f.1 C1.;kINIS 0R CAUSES OF ACTION H A 1) [:P0 CO:~I ION. CONrST 1'UH 0 NAI 0R S-I-A-I'LI'i'ORY L A W, 0R BASED, IN WHOLE OR 1N 1'ARTUPON ALLEGATIONS OF NE-GLIGENT OR INTENTIONAL ACTS OF BURLAU. [-I-S Ol•"FICh'.RS, 1;11PLC)lELS. AGENTS, SUBCONTRACTORS. L IC EN SEES _l D IINVI TEES. 5. AlsigMeW 13Ui EAL: shall :10 u Jan this ,~'-'-V~] 1C]Lt 'sl 1111[Iili fjrSL obttlinin, z. tile ~~"1!:k4ll consm of CITY. 5.5 NO IN, ,env 1_06CC' FCCIIIirct.l It:' W gKOW 1111OIN CIA ,1W.cOU011 01 any RHIUtc. nrti{111.nCo Or regulation" shall he e91lc? ve Wen yi~"lc~ni t: 'SS-Ianti t:c~,[}ti1:1e(l 11. thc-1:_1iICd Sitites rnc~L ~crti?icd til :I - [CtLL11 rtcr`il~t reque5r cl, tit h jmi 0-0 tilivc AidrCSStic! I. L7 El Lt-: rc,spcctive P}',IT ies as I -ol?[x S: CITY ILL: LA L: (`tty of LD;.r1 ai Dklll[ulL CIiLLMhCr [1 01111!1Ct'C"C 2-'E. McK-,iiiizy DC:-1-011 ('01L' C1Irj011 0 r BLLrcLIU 1)e1;tn11. Kinl Phil hPpi We 14"Aw" P.O. Box p Penton- f e,~~ 7o-202 1719 oI-Quient. "1-11i= r 1I1c]n LInL= Lucl1 pi-n-"."inn 17cr 5 l: {Ind ;a -1 Luii cxcn' riF111. CILLLY, 01)[igadoii- and I .LI}ilily sck :6rih lien k dud by Al ng upa, Ind iIal re to [lie bt.,i .ii; :]ml s~blis}7Licu1 CATY ln4i ki-IRFAL ,1n11 ,Ia VC5PCCkl~ 4 .5L]CC4-SSOr3 ttit] Li~siLt;s" Applicaliol] (if I ,z ws. All i nTIS. CnNilW5, MLd pro isi us of &is Ai'wayeiv w 3l1'r.> m ls} aH alllllicA lc [cd-.:raI latik- s- ,r.Ltc IL,'S~ _Irt CI ;L]r:cr o i- iIi C'i1v of Dc IitioIi. a [ I ordinallct~s passed PLLr3L3anI L'ic.r,:!o- i°Tld till jUdicitLl dk2i m1i}iAuns reI<L ve 1hemki. 51 r',I umve Agrccment. I I'.;S :A n-k- mcn[ Cn:1.~1n,; dic clLtii-e 11 idti ii:m(lilig :till ConstiLlltwS O cli[1!'e tt'umc nk :1: 13 111' :[1 Li LC F,zi.t]L`J hLrti:io t[]nLemin. Q 4ibjL-ci 111;1ik 1 curl aincd hc.'ci[l. 1 iwre are n0 Ft2pv .ti liLa L]1i,.im a1grcemat n o m u gcin nis, X 111W 0IMi3 IdhI S. wd or w riUun, wxpr sS [.r 411-Hed, be[% V 2LT", 01" LlpC~p the 1}; hes herm. I-4.1un ro the cct 1Siat Lc r oI- il;irs Ag e,2 nl"n., Whid! ;11C- 1141 il.Lllk: .~X1")-Q~ ed I.c'ILIJl, 1kL C.Ims Und mkkh)]L3 uk ll]i-, Aurcclnulii s17,]Il 1?1-ev.Lll 1IOt'S}L I~SL11:G:;I~' it_g van am in ihis _1grounint Am file t rnis w l Co.1CIhion5 (o1 anv 0413ti[' CIOCLL[ilC'[a P laki]L'L lu Lhis [r:t[: t~cli!1r] or LlltitiL 1i'LLM,'K11s 111. 5.9 Du)illicule Origin A. -i his Ak:1-ea1 en: 15 t;xxvIiC.C! 111 dq lVmc NOntllx- 5.1U [feANgv The heal ngs and subhum ings of the ,:Lrious gm.i~ns and pz:,ragaplis of this Qr: MLQ1A Hit i1~SCrL:d 21V Co} ki1L purT7mc OC COn~VeAnCe Ond tics 001 UPIOSS Or i11iIQ ally lt[lWOL dohililion, or C-: lc[1 in: of M Mac1 RC Imr; nFth sm ion "tid pwagraph so tLwLgi]alud. 5.11 15everahll3 4 It }ilysot!Iat X1WON OW ilnMt?ri pll. OF"v Ord in this .A,-~rL`CnlcnL. OU :'PpIiti[ILII][; hh:FLf) LL} tiL1-t n 1~1" C]1'CH1i 1SW.'1(t IS 11Q"d Irl'.';II~d DV 'I!)V C0 LL 1"[ oI ccs1s11~ Lcnl j1_11iSdiCiiun, ~LLCII 1".01dirl'r'Hall 1n}t Lll_Cct 1!1C iliickly L,f ICtil{3]lltli ~7urt;ot.s ul"lllis tiicClI1CL]L" Lilid tt;c imrlj-U3 lmr-1)v dwOu klwy "m u I d h v Y c anacwd ~ucil i-eni: iiliti: i}0 -1 0 ls;iL,', Te ,wv suLdi ilivalickv- 1.12 1 ism-ance. BI "RT,I[_' 411,1l a[ a Lltiflin,°.1111, pi-o vidcc ?11murmlct- as fblls v~ - S5U0 C-00;. 0nILll~2 l"C1.L1 Jt:i1cra l.It11)lI'i4' S[aTLUOI- 11 L, Irv CoIiIpell5t{1+4,?I ,Inc' f_nIPIG-vCF ' Lra iii: ' (.7i0 0,l}111}.ti-,) ti1rj.ou{1 SLI)I)"i11111j SWUM HUSMOSS 21LIOI11ni11IU DO1.t_`•' till an.v ,743"I~wl~. 1Lou-C11','ned or llrs'cd UPCO Cf I'1.' 1111151 hC.:lallfcd LLS LIn tui{IilionaI iri.' wcd ai WI ;1sdiciv (w,cWorkers' Co 11,Pc?1sL~LioII to d proof-of covcragu SOi [7C suI7noued pnor'vo any FIc1411ion Q CI T Y. 1=:? ]v{`U,I'L 1) r11is 'Jt1, of 2005. 114L UFFY OF DF D , I'I_ ,-1 L-l: Ll r Pl' OCK. MAYOR ATFEST: .1['l'ltC}1 ED AS -1-0 I.-T-O AL FORM-. By ~3 _ - - - Cl f.).. SLC.) L"I'AR f ' i ERTM CITY AT1-Ok-N .Y r) F. I'O Cl [A MBE1- OF L"C)MNIERC'E Lek; prosi,_cm ATTFST; r1.1'PRO 'I_.i] A TO LEGAL FORM: 10 I i4 S cc F, t 7 r v t"~'13 ~;III~ 11["? 1 ~'llrly l iillLl'tl~' l~k:{}11.! ~~t''L.i~jl I'u=': Exhibit A Denton Chamber of Commerce Advertising P: int Ad veer, S; ng 3 t ,350 Convention Advertising 2,590 Tcurisrn Promotion Mata;ial 5000 Bror;hu,-es ; n- 00 Travel hor,vs 2.500 Tourism Servic-as 1,00;) Special Projeo,s 2,000 "Eveni" 'Magazine 6D.007 "Ev-2r:t" Magazine Dist ;!hution ~,onCr "Ever--t" Magazine Pr n.-ng 1t ,ODD Administration Administra:!cn Sa!arecs S 106.518 Re ;rerient 2.800 Car ,IIow. ncc 5-500 Accounting Salary 5.iO3 Pa;+rnll Taxes 5,000 HeaRh Insurance 1.800 Liahi ity Insurance 190C. Travel & Tra-Ininrd 5,000 Computer Eq.-jipment i.0D0 ripy Machine 1i 00 Warehouse Storage 700 Q~stap Copier Le:3,,,c I5C1 f';ce Supplies -.500 T(--,lephane '7.7 500 M r:rnt)(-,' rshiPs 2,100 Prinking pCO Postage ;er n Oif,ec Rent 1=1,055 SPORTS ADVERTISING Convention & Trado Sho.vs 5 7.500 SPORTS ADMINISTRATION Sales Manager Sa!afy ~ 44-350 Car Allowance 1,800 Health Insurance 6,157 PF ralI Ta es 3,000 Postage 500 Tr.~vc; & Training 4,00,D IVIC-Mbersir!ps 1,000 Printinq 1.000 61,B07 Total Budget $ 432,283 A-GENOA AGENDA DATF. May 24~ 20(6 DEPARTMENT- Legal ('lI/DC'A LA UM: Fdw itl NL `gin do r. ITi iQririi City _ ttarncY SC BJEC'T: Ctims&or 1117 orciin;mm nppruOng se1An 1C']Tl of a ['4 ndk i,]!iOism it medillg_ styicd Chv ey 1) A On. Tc a.i 1'. tho .'I f C-o-L. eHi.,r. c'r 11- p cmiir. L11 t1.L:' PTOb.'Lrk. COL: -I {]i l)~311011 C'01111ty- f C'',L], LLncl2r C- US,{; El)-AMUST htlli'` an agLLi,i1i;J11 Of L111 t'leC;tr3k` 4ltilii,,' CdS3']i:enL 0L'-l 0f ii tl',lC6L of I'Lli(I {Y%viItdl -,Iv illy' M - T. C0[e JIUSt LL Ill 13L1 1. 2 3, t1nc€ 4j~l.3t suLrtll nr'dic Denton N-lnnQilal Aigwm Lnsi proVidiI1~} M c fCc'1k:tc JaLC- BAC-1t6 1 0U-IUD' T ha C'iw 11ij rc,C.civod L: !~eIC1cmZ1 1lL ti51!t'r l1-om If1,~ p1-4C1Ilvrty n}e11Crs liar LIIC s nn of S"00=00. OPTIONS I . 11o [']ty C ounc i 1 may ;Ldo ll ia urd 11.L1 c . The C Q Conn i I i1 dV K L'<iM m My the ordin once. FISCAL IA-1i'A CT .1-iiti Cmlif4 [Or dos expendAy, 1 1011 connc' oul (,I- rhw [)rojc-tip- IUr con 1ructinlt aff, 1L: D, iiion W c S L In Iron f Ic;isu Tranwll~i ~i(711 I-- inn- E C 5rp C-,w[-L:Ky Z~ L:hml! rec J Fd,xin N-1. Snvdci- I;L:; D(i:-.jn.t~~ls Fisrp;; c: it - CC i:'r.i;.-iII IL!._L.tk! 0RD!NA C:'E 0. - ORDINANCE AF'PROVI N~ A F -H-LEFI O A C'ONDE-N'1N ATIO P1{(~(:F- ) l I( r-"I-F€) UYT) - OOF N;+TF-v:~"> t ("[W-r. ~7ir~17ST. ,1'7-A1, P ILIG TJIE P1~ BA'] 1E. (-'0 R { 1f 1)L 0 COU N. T L S 4. 1)ER C..'~ I- .Si O. E'. '~I"~' o3,-? II}4819, BrT C; A l{'QJJSITIC) N' OF AS, 1_LEUTRIC" U11LITY LASE,VT- T 017 01- .'1 TR:1{_".f OF "AND {)1-"NT.) 131' THE N9-7- COLE l f~l" ~ 1 -1-AMBI-.1~ 1" A1-D - JUST ,,C)[-,TH (-r1 f 1-ILDENTO M U iC IT'Al A I N -PORT-- A D PRO I DING -A I-rI f ECTI V F. DATE- WHEREAS, TSUrSU;_r1; io Ckdinar(!Lt No- X00-4-00 f is "00intn}te'-1 HIC GLy {-OU1101 datniiine(; "hat 21 nLlhlrc innc'ssQ WSP ;loci 11rLLl}1113 C }kAILLre LWd ~:lf rli lYw': rcquil-ed il)L- :L.;Lpis.-tion ol- ` ppi-oximaitily S.9I "TILA 16-3fy are Iran; or p owls UC land or MCC laRl y: easein n! purposcs alai such 2atiw11 ni righis Rug A il.c n-,mQ x,51 :hc C'iiy s, Dcr-,'on, T-xas as ~1~orC' ;~t:rritirli:lFl~' L7~.scril3c~ in rile [)rLiiutl~fct (<il~ ""f.a~~n1~11~""]; ;7~tc1 WHEREAS. her 111't=L1c~'css'ull~ n1sc:111pQ to 1i'. Wt U11 ti'{?I?117~11jt1tli}.1 eLT`d clCalt'_a'~cs dLL2 !hLf owni-s of [hc Easo111w propenSS 1114 Lily .1Lt«wy iilL:d L, col;uvt motion 1-oc-,;Cd l- w ilC(IU11`C 11e F,!.401UC-X. SUCK C0SC ) e'118 SI _dCd { 2;l' i!f 0c'u,-u r- 7TH°xa S.tsev, B .+mYJ ,'2" _Alc'Cfi1. ,lrti 0oI?i21i{ }f1[e. .'1FJ?'.' Co e (1i'f]{2i " 21'70.5?C'4.': Ci IhL: A1.1. Crl1i' 11'!fsi .Veiilib.,1'.S' 3 ;iiW 4. a12, ?he Texirs" 3f'f7r-,i5h Rif L:' hC r ,I"fE-1'CNe HjH.1' if1J1'JC'aV LlHd0- C JLIwC n. F. D-100,-! 0459 ill 1,hc I'rnhate Cotlrt of Dcnlnn C'or:ntv. l c\Ls Wic " ('c> dunlnzrio-ii Pry;~cu€3ir, s" bcirlg '4:1 acyllisii1on of an v ct'Lri~ u;fli[V 1~`c1SLYL011 OW n1 7 :WL o `:Ja omod by 1h NIX. (IV Tmsl Nombcrs 1" 13, nn d 4 iUst SOL D 0 f Ye DelltOII N--T ill icip,l1 A!1'ForI: LrnLi WHEREAS. Me l_Tv Ys ~ccc1ved a Wawa uflr hum We 1, Opel"L4' i,'. mrs fur All caill)C.1Stt bri 1"nr the F:;'lsUPW . W _.14.lbg 41;}`1.LIg s .t} W rom -,iil_i Cr; NOW. 11 [ LREFORF" Th€E C0[- NCII - U1: Ti-IL C1 T Y OF Di ? U H F P F k V UIRL)=11 S: SEC.'TION I 0 r1dLys and recsm;oRs ccsl.omc€ in ;Ilc prcmin hle or rhis oidi nance c,jc iiLcuL-poraLe€I heF~i11 L) v 1'clc'r'.vlrtic . S"LUK = The C'il;r Ck.-,lrn61 zLpDl-0V-e5 13c:tIL::1,cnL Of rl7-0 C+_1nd0j1111-U6c;n T1rncec, hl -s [Or _l_c SLUR cal file -,Wue of the USC:1.C]LL a1-Al si;1r11,.LLJts tU 111C Fn1~lasndu MwrlC:q% The C_' y Wwwa Aso approves nny dosing corns assnciatcd Ml1L [1Li: tiC'1T_lLn-i111,LLi0ii of rl.i S.2trl:1 011 UC T I.D The Clq- 70ann ov, or I& dc.,ignmv rs LLLlh0l 7eC1 rn 4NL.CL r ; 1111 do-',Un?tillrri c,Ll 1)e1,,II'o 111 0 1v ncocssaiv lu c€1nnui111?inc 1i 1(Slltlci1wL11 o F i h c Cuiii.14'l inatio;r Etrocealln gj~- The A1~01111. Or 1116 d =y1nan is :li=re;?V a'Llburl'zed io any ;>1; ~]Llt'ss IIZ:i e,~sar%, to col.srl1-ni I al rIv no l1a no and 41i41111.`.~ ~11L' ~{71141C.111i[1LioI, P10Cc'ediit{}y Y SECTION' This ordiLlanCL ShLLl l t]4's:tMI MOM inlMd jingly UPW AS TrLrSWgU and Lr13m'C:Svo- PASSED AKE) A1'k'RC}UD Us [l.r_' Q0 O Rflrr~, r~'1 i%L BROCK- I..% CSR ATTEST- BY: FI-lW I's- NYDFR, ;N-'l LR I M CT T Y A ? 1 E1 Y: Pay 2 . .i.. } i. lip i.... L'..:-._.-... AGENDA INFORMATION SHEET AGENDA DATE: May 24, 2005 DEPARTMENT: Planning and Development Department CM/DCM/ACM: Jon Fortune, Assistant City Manager SUBJECT - Z05-0004: (Granite Point) Hold a public and consider adoption of an ordinance rezoning approximately 94.2 acres from an Industrial Center Employment (IC-E) zoning district to an Industrial Center General (IC-G) zoning district. The property is generally located at the southwest corner of Metro Road and I-35 West frontage road intersection. The Planning and Zoning Commission recommends approval (6-0). BACKGROUND Applicant: Granite Properties, Ltd. Plano, TX The applicant is requesting the rezoning of the subject property to an IC-G zoning district. The site is located between IC-E, along the North, and IC-G, along the South, zoning districts. Residential districts, NR-2 and NR-4, are located to the East across I-35 West. Denton extra-territorial jurisdiction abuts the property to the West. A 100-year floodplain, located along the western side, covers approximately 24.8 acres of the subject property. Industrial uses such as concrete plant (Texas Industries), trucking terminal service center, and fencing installation business are located along Metro Road. A chart showing the comparison between the existing IC-E and the proposed IC-G is provided in the Staff Analysis section. The City Council approved a 380 agreement as an economic incentive for the development of a manufacturing/distribution/office complex on this location. Public notification information is provided in Attachment 3. As of this writing, staff has received one letter neutral to the request from a property owner within 200 feet of the subject site. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. 1 RECOMMENDATION The Planning and Zoning Commission recommends approval (6-0). ESTIMATED PROJECT SCHEDULE The subject property is not platted. Platting is required prior to the issuance of building permits. PRIOR ACTION/REVIEW No prior development applications for the subject site have been submitted. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification (Property Owner Notification Map) 4. Site Photos 5. Zoning Plan 6. April 27, 2005 Planning and Zoning Commission Minutes 7. Ordinance Prepared by: fJU7~ V Deborah Viera, AICP Planner II Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development 2 ATTACHMENT 1 Staff Analysis Summary of Zoning Request The applicant is requesting the rezoning of approximately 94.2 acres, currently zoned IC- E, located at the southwest corner of Metro Road and I-35W frontage road intersection to an IC-G zoning district. A 100-year floodplain, located along the western side, covers approximately 24.8 acres of the subject property. Existing Condition of Property Property History. February 20, 2002 - Ordinance 2002-040 placed the subject property in an Industrial Center Employment (IC-E) zoning district. Adjacent zoning and land uses. North: Industrial Center Employment (IC-E) South: Industrial Center General (IC-G) (undeveloped land) East: Neighborhood Residential 2 (NR-2) and Neighborhood Residential 4 (NR-4) (across I-35 West) West: Extra-territorial Jurisdiction (ETJ) Comprehensive Plan Anal The Denton Plan identifies the subject site as an "Industrial Centers" future land use area. Industrial Centers are intended to provide locations for a variety of work processes and work places such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations. The industrial centers may also accommodate complementary and supporting uses such a convenience shopping and child-care centers. Adequate public facilities shall be a criterion by which zoning is granted. The Denton Plan also defines what industrial uses are and which uses will not be allowed within industrial areas. "Industrial uses could be described as those engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous conditions. Industrial would also include those uses engaged in the cleaning of equipment or work processes involving solvents, solid waste or sanitary waste transfer stations, recycling establishments, and transport terminals (truck terminals, public works yards, container storage). Industrial uses would be allowed in industrial centers as designated on the land use plan." (p. 50) Heavy industries will not be permitted in industrial areas. (p. 51) 3 While the Denton Plan identifies industrial uses as an important component for the economic diversification of the city tax base, the Plan also call for a balanced and organized location of these uses. The Plan stresses the availability of public facilities (i.e., water, sewer, storm drainage, and transportation routes), among other factors, as criteria to grant a zoning request. "It is the desire of the residents of Denton to organize industrial and employment land use districts so as to minimize conflicts with adjoining land uses and to most efficiently utilize the existing transportation systems. " (p. 49) The Plan identifies a series of strategies that should be implemented to expand the pool of industrial uses. The proposed zoning request would allow the development of a manufacturing/distribution/office complex for which the City has approved economic incentives. The approval of the zoning request will meet the following strategies outlined in the Denton Plan. Considerations should be given to businesses that are in line with economic diversification and environmental policy statements. (p. 51) Consider public/private partnerships to stimulate location and expansion of businesses within the districts. (p. 51) Development Review Anal Transportation Access The proposed development will be required to take access from Metro Road and I-35 West frontage road. Road Capacity The I-35 West frontage road is designed to carry approximately 5,000 trips per day. This section of I-35 West is currently constructed with two (2) lanes without parking along the northern portion of the subject site. No traffic count is available for this road. It is anticipated that adequate road capacity is available. The Denton Mobility Plan identifies Metro Road as a collector street. This street is designed to be a four (4) lane undivided street without parking, providing four (4) lanes of through traffic. As such, its designed traffic capacity allows for a tolerable traffic now of up to 14,900 trips per day. Metro Road is partially a private road and is not constructed according to City standards. The development of this parcel would require the dedication and acquisition of right-of-way and the reconstruction of the road according to city standards. 4 Development Review The existing IC-E zoning is intended for light industrial uses and offices. Within IC-E districts, distribution centers are permitted with the approval of a specific use permit (SUP). The easy access to I-35W makes the site an ideal location for distribution businesses. The proposed IC-G zoning will limit the heavy manufacturing and sexually oriented businesses by requiring the approval of a SUP while permitting the distribution center by right. The differences between the existing IC-E and the proposed IC-G zoning designation are summarized in the following table: Categories Commercial Land Use Hotels P N Motels P N Restaurant or Private Club L(14) N Indoor Recreation P N Major Event Entertainment P N Sexually Oriented Business N SUP / L(32) Categories Industrial Land Use Bakeries L(25) P Manufacture of Non-odoriferous Foods L(25) P Food Processing N P Heavy Manufacturing N SUP Distribution Center SUP P Junk Yards and Auto Wrecking N SUP Sanitary Landfills, Commercial N SUP Incinerators, Transfer Stations Categories Institutional Land Use Adult or Child Day Care L(19) N Colleges P N Medical Centers P N Mortuaries P N General Regulations Minimum lot area (square feet) 2,500 5,000 5 Maximum FAR 0.75 0.40 Maximum lot coverage 80% 90% Minimum landscaped area 20% 10% Maximum building height 100 feet 65 feet STAFF RECOMMENDATION Staff recommends approval of Z05-0004 based on the following findings: 1. The zoning request is in compliance with the Denton Plan. 2. The subject site is inclose proximity to IC-G zoning districts. 3. The easy access to I-35W makes the site an ideal location for distribution businesses. 6 ATTACHMENT 2 Maps NORTH IC-G cft Limits 0 .2 Q W Z IC-E ETJ SITE r r r - r - r r _ r R. r r LOCATION AND ZONING MAP Industrial Center -ply Umdts Nelghbarhood center ETJ SITE 4 -a ft Erlsrmty n+eighbo6oodl lnfill C-parr6rlity 4 rlonf!]A BT) FUTURE LAND USE MAP 7 ATTACHMENT 3 Public Notification 500 ft Notification Limits City Limits mil SITE a Q Scale: None Newspaper Notification Date: May 8, 2005 Percent of land within 200' in opposition: 0% 200' Legal Notices* sent via Certified Mail: 7 500' Courtesy Notices* sent via 1St Class Mail: 30 • In Favor: 0 • Opposed- 0 • Neutral: 1 *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 8 ATTACHMENT 4 Site Photographs II ..FJ 'I~pH Mil.F4iSouth view along 1-35W North view along I-35W frontage road frontage road View of the 1-35W frontage road View of Metro Rd and terminus existing out parcel business 9 ATTACHMENT 5 ZONING PLAN Jil. Rq 1'0 IMP 1 ~ . 1 ~ y` s ~ ae a~ e• e~ R~_ 5~is ~e ~~S u s' ~-a ?~p.pe1 ~ i: ~m-.1 k ? PH 1 G Isi G G $a 1h, 11kii 5909 ~yEO a agl V a@ N ~ a 1 i 1 r go vlwi~ It 1i 1j ij 5. a g ill s log, a 5. . s. 's. 51 re -1 ~H a ~a . a~ a. R Ilia a Clio e i s i 1 1 gm ; T. ei s ~~Islla 1 ~a-~:9s1111R.114 6 Hip It'll s y`alg ii r~ s Ige ~g ~ ~A? ~ ~:a~~ a ~ ~ g~ A ~ t!$ a ~~kas = rt g =s a ~_a ~ NOR, a ~e ~E a IRIN 11 Ril' 61 ~la el ON a. al 4r. IT ji NO am a I Ail. i .R n .06'.tl 3ilII.mN ~ 9d'IlN 3.PGli.WN z o a R4 K9 J111 10 Condenselt"" Page 3 I P ROC E RD I N G S 1 COMMISSIONER STRANGE: Okay. 2 COMMISSIONER STRANGE: Good evening. It's 2 COMMISSIONER ROY: Should we handle these 3 6:30. And we will begin the Planning and Zoning 3 in separate 4 Commission meeting of Wednesday April the 27th, 2005. 4 COMMISSIONER STRANGE: Yeah, if we could 5 For the record, Mts. Holt called in with an excused 5 have two motions, please. 6 absence. 6 COMMISSIONER ROY: Okay. I move that we 7 And we made the introduction before 7 disapprove the final plat of Lots 1-13, Block A of the 8 before she was sworn in, but we also have a new 8 Jamart Addition. 9 Commissioner, and this is her first night as a sworn-in 9 COMMISSIONER WATKINS: Second. 10 member. So I want to introduce to you Mrs. Ernma 10 COMMISSIONER STRANGE: we have a motion by I 1 Guzman-Raman as our newest member of the Planning and 11 Mr. Roy and a second by Mr. Watkins. We'll vote on that 12 Zoning Commission. Welcome and we look forward to your 12 itern. Vote passes 6-0. 13 inputs. 13 Do we have 'a motion on 3B? 14 COMMISSIONER GUZMAN-RAMON: Thank you. 14 COMMISSIONER WATKINS: Motion to approve 15 COMMISSIONER STRANGE: First item on our 15 3B, 16 Agenda, if you would please join us in the Pledge of 16 COMMISSIONER STRANGE: we have a motion. 17 Allegience to the flag. 17 Do we have a second? 18 (Thereupon, the Pledges of Allegiance were 18 COMMISSIONER ROY: Second. 19 recited.) 19 COMMISSIONER STRANGE: we have a motion by 20 COMMISSIONER STRANGE: The next item on our 20 Mr. Watkins and a second by Mr. Roy. Any discussion? If 21 Agenda is to consider the approval of the minutes of our 21 none, please vote. Vote passes 6-0. Thank you. 22 April 13th, 2005 meeting. 22 The next item on our Agenda is the is to 23 COMMISSIONER WATKINS: Motion to approve. 23 make a recommendation to City Council on the alternative 24 COMMISSIONER T141BODEAUX: Second. 24 development plan for proposed warehouse distribution 25 COMMISSIONER STRANGE: we have a motion by 25 office complex on approximately 94.2 acres generally Page 2 Page 4 1 Mr, Watkins and a second by Dr. Thibodeaux. Any 1 located on the southwest corner of Metro Road and D5 2 discussion? Okay, Please, vote. The vote passes 6-0. 2 frontage intersection. And staff, Ms. Viera will make 3 The next item on our Agenda is the 3 that presentation. 4 individual consideration which is a reconsideration of the 4 MS. vIERA: The proposed alternative 5 final plat of Lots 1-13, Block A of the Jamart Addition. 5 development plan is for 94.2 acres located at the 6 And, also, approval of the final plat of Lots 1-12, Block 6 southwest corner of Metro Road and 1-35 frontage road, An 7 A of the Jamart Addition. Ms. Viera. 7 office warehouse and distribution complex is proposed. 8 MS. VIERA: Good evening, Corrunissioners. 8 The applicant is deviating from eight site 9 During the last meeting, Commissioner Strange requested 9 design standards established by the Development Code. 10 the reconsideration of the final plats of Lot 1-13 of the 10 Section 35.12.7.C requires a six foot fence for outside 11 Jamart Addition. Approval March 23rd, 2005. The approved 11 storage. The applicant is proposing a ten foot high fence 12 plat show 13 lots, however, the applicant's intent was to 12 with concrete panels to screen any outdoor storage from 13 only final plat 12 lots at. that time, 13 view, 14 Upon reconsideration the staff is 14 Section 35.13.13.4 requires building 15 reconunending the disapproval of final plat showing Lots 15 facades greater than 100 feet in length to provide changes 16 1-13, Block A of the Jamart Addition and approve the final 16 or articulations on the facade. The applicant is 17 plat of Lots 1-12, Block A of the Jamart Addition. 17 proposing buildings along I-35, which exceeds that 100 18 COMMISSIONER STRANGE: Anyone have any 18 foot length and changes in facade. 19 questions? Is everybody clear on what we're doing? Okay. 19 Section 35.13.13,4 requires loading docks 20 This is not a public hearing, so we will not he hearing 20 not to be accessed and/or visible from any right-of-way. 21 from the applicant; is that correct? 21 The applicant is proposing a ten-foot solid fence to 22 MS. PALUMBO: Yes, that's correct. 22 screen all of the loading docks visible from Metro Road. 23 COMMISSIONER STRANGE: okay. Mr. Roy. 23 Section 35.13.13.8.B requires windows to be trimmed. The 24 COMMISSIONER ROY: I would like to make a 24 applicant is proposing aluminum framing for windows and 25 motion to take this action. I think we're ready for that. 25 doors. PLANNING AND ZONING MINUTES APRIL 27, 2005 Page X - Page 4 Conde 1SCIt' Page 5 Page 7 1 Section 35.13.10.A requires all development 1 COMMISSIONER STRANGE: Okay. 2 to provide adequate stacking distances. The applicant is 2 COMMISSIONER ROY: There's an awful lot on 3 proposing one main entrance along 1-35 frontage road and 3 the table here. And I have several questions but I didn't 4 two secondary entrances along Metro Road. The minimum 4 ask them, thinking we were going to hear from the 5 stacking distance for a primary driveway, it is 80 feet. 5 applicant. 6 For a secondary driveway will be 60. The proposed main 6 COMMISSIONER STRANGE: Okay. Well, I will 7 driveway along I-35 is proposed to have 60 foot stacking 7 point out for the record that we do have two items on the 8 which is 20 foot difference between what is proposed and 8 public hearings portion of our Agenda relating to this 9 what is required. 9 same project. One is on rezoning and the other one is on 10 The other tl= secondary driveways along 10 a special sign district. I I two of them along Metro and one along I-35 provides 11 This is the only item that relates to an 12 stacking distances between 10 and 42 feet. Section 12 Alternative Development Plan. So if we'd like to hear 13 35.13.30.8 requires pervious services for any excess 13 their presentation now, we can sure hear it now unless 14 parking. The applicant's proposing 43 parking spaces in 14 someone has an objection. 15 excess. As a mitigation, the applicant is proposing 32.4 15 COMMISSIONER ROY: I Would like to hear it 16 31.2 acres of flood plain and understory vegetation 16 now. 17 located to the west of the property. 17 COMMISSIONER STRANGE: Okay. I'll tell you 18 Section 35.13.10.C requires parking lots 18 what we might do. In the interest of time and in the 19 visible from the street to be screened by either a fence 19 interest of facilitating this presentation, at the advice 20 or vegetation with one large street for 40 feet of linear 20 of counsel, we might go ahead and put all three of these 23 distance. The applicant is proposing one tree per 50 21 items together at one time, pull the other two items on 22 feet, linear feet. This requirement is in addition to 22 the public hearing back. That way we can discuss all 23 street trees. 23 three items as it relates to this particular development 24 Section 35.13.7.6 requires the planting of 24 at one time. We would then still have three separate 25 street trees along Metro Road. The applicant is not 25 votes, but we can pull all three of the agenda items Page 6 Page 8 1 proposing street trees along Metro Road. Besides, the 1 together for discussion. 2 trees that will be planted to screen the parking from 2 So if that is agreeable with you, we can 3 Metro Road view. The applicant is also proposing the 31.2 3 proceed that way. Okay. 4 acres to be undisturbed for that purpose. 4 MR. CUNNINGHAM: My name is David 5 Staff is reconunending approval with the 5 Cunningham. I'm the Director of Development for Granite 6 conditions as outlined in your backup. The staff would 6 Properties. Since I haven't spoken to this body before, I 7 also like to add an additional condition about fire access 7 might introduce the company. Granite Properties is a 8 road which copies have been provided to you in the manila 8 disciplined real estate development acquisition and 9 folders. And staff is available to answer any questions 9 management firm headquartered in Plano, Texas. We have to that you may have. 10 offices in our headquarters is obviously in Plano, 11 COMMISSIONER STRANGE: Anyone Who has any I I Dallas/Fort Worth office. 12 question of Ms. Viera? You must have done a really good 12 We have a major office in Houston, Atlanta, 13 job. Nobody has a question. Thank you. This is not a 13 Denton and Austin. The company is about a billion dollars 14 public hearing item, but I do know the applicant is here. 14 in net asset value. The properties are made up of 15 Do they have anything they wish to add to the cotmnents 15 primarily office properties. About two-thirds of our 16 that Ms. Viera has already made? 16 portfolio is office properties. The remaining one-third 17 MR. CUNNINGHAM: we were planning on making 17 is a mixture of light industrial office warehousing and 18 a presentation of the project. And we can either do it 18 retail properties, The majority of our portfolio is in 19 now or do it during the public hearing portion. 19 Texas. The sorry. The majority of our portfolio is in 20 COMMISSIONER STRANGE: All right. Okay. 20 Texas and Atlanta is a two-year old office. Denver is a 21 All right. That will be fine. Mr. Roy. 21 fairly new office. 22 COMMISSIONER ROY: I'm not sure I 22 But we expect to have those offices of the 23 understood that. I mean, if we're going to act on this 23 same size as our Dallas/Fort Worth and Houston offices 24 particular item, I would like to hear the whole story 24 very shortly. Granite Properties has embarked on a plan 25 before we act on this. 25 to develop about a seven million square foot portfolio of PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 5 - Page 8 CondenseIt" Page 9 Page 11 1 light office industrial warehousing, office warehousing 1 But we anticipate that the project will 2 products. As a means of developing these projects, we 2 look very much like this. All of these projects are being 3 have determined the type of market that we wish to be in 3 built as institutional grade, tilt wall structural tilt 4 are the are the markets that serve small tenants as 4 wall with structural steel framing. And built-up roof 5 well as burgeoning markets that are that are not 5 systems. When I say institutional grade, I mean, to 6 currently heavily built with industrial product. 6 differentiate that from some of the metal buildings that 7 So in that effort we've identified several 7 have been built in the ET!'s around this area which are 8 markets that we were interested in and the City of Denton 8 not considered institutional grade and not considered to 9 was one of those markets. This journey in Denton started 9 be long-life structures. These are long-life structures 10 really February over a year ago when I first came up here 10 of higher quality which is the type of the investment that 11 and met with Melissa and with Linda, an Economic 11 we wish to make. 12 Development Group in the Chamber of Commerce. 12 The project, like I said, is approximately 13 So we've been working on this project now 13 950,000 feet. This is the master plan. This master plan 14 really since February of last year, we put this land under 14 is only as good as we start. I mean, we feel like this is 15 contract in late August of 2004. And actually put this 15 the plan that we will build out. I can't promise you that 16 original master plan where did it go? This is not my 16 it will exactly look like this, but I can promise that it 17 computer. 17 will be of the same quality and of the same types of 18 COMMISSIONER STRANGE: Maybe we can get 18 features and same types of structures and the same types 19 someone from staff to give you some assistance. 19 of uses. 20 MR. CUNNINGHAM: The project that we're 20 The plan that we would move forward with is 21 proposing tonight is essentially the project that we laid 21 to begin Phase I of this project. I'm backing up. Phase 22 out in our initial meetings with the City in the Fall of 22 1 of this project are the buildings on the right-hand 23 last year. Thank you. The project that we have initially 23 side. There's three buildings. The first one on the 24 proposed is a project between 900,000 and a million square 24 southeast or that would be the northeast corner. The 25 feet would be made up of a number of buildings that's 25 bottom right corner would be the first building we'd built Page 10 Page 12 1 currently planned to be eight buildings as shown on this I with the 100,000 square foot building and the small 30,000 2 plan. 2 square foot building. That small that group of 3 Now, this 92 acre, roughly 92-acre tract, 3 buildings, which is about 300,000 square feet would be our 4 of the 92 acres, about 30, 35 acres that are in the rear 4 first phase. So provided we are approved tonight and then 5 and to the south of the track is either flood plain or of 5 at Council in May, we'll be coming back to staff with a 6 a topo that makes it really not developable so that land 6 set of proper site plan drawings and architectural 7 will be left in its natural condition. It will not be 7 drawings too, to gain a permit to actually file that 8 developed other than we do have to make a couple of 8 individual plat and begin construction of those tlirw 9 stormwater outfalls and a sanitary outfall back to mains 9 buildings. 10 that are in that space. Other than that, the space will 10 These buildings are being built I 1 not be developed. 11 speculatively. And in order to justify the project we 12 The plan for the project as denoted on the 12 worked fairly exhaustively with Economic Development, with 13 site plan is to have a series of buildings that front 35 13 Linda and with other members of staff to help pass a 380 14 which would be and all of these buildings, as you'll 14 Agreement for this site, which as was mentioned earlier 15 see, are of the shallower buildings and the plans are that 15 was passed a month and a half ago. 16 those buildings would be the more likely candidates for 16 As a part of drat 380 Agreement, Granite 17 the smaller tenants that would office and have their signs 17 has responsibilities and obligations to build not less 18 that would face I-35. 18 than 500,000 square feet and we plan, obviously, to build 19 The plan all of the buildings would look 19 more than that. But our obligations are to build not less 20 something like this. Now, this is the preliminary 20 than 500,000 square feet. And we have to build not less 21 architectural rendering. We haven't gotten into fine 21 than 300,000 square feet I believe in a period of three 22 detail architecture. We haven't filed a site plan. We 22 years. So we plan, obviously, to do that very, very 23 haven't filed any of the final documents for permit. So 23 quickly. 24 all of these drawings are subject to some final 24 This overall project will have a net value, 25 fine-tuning from an architectural standpoint. 25 we estimate of approximately 60 to 70 million dollars. PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 9 - Page 12 i CondenseIt7M ! Page 13 Page 15 I That's hard to estimate that at a speculative level i individual basis. 2 because we don't know who the tenants are going to be and 2 So while we do have slightly fewer trees, 3 what their spaces will be fitted up as or what uses those 3 one at 50 feet versus 40 feet. That's just to allow the 4 spaces will actually be. So we can only estimate the 4 canopies to have room to expand. That doesn't mean that 5 value of the project. But it's roughly 60 to 70 million 5 we still wouldn't have shrubbery and lower hedges to 6 dollars based on just the size of the portfolio and the 6 screen the property as one of the options for screening 7 type of the product that it is. 7 the parking lot. 8 Along with in the 380 Agreement, I said 8 In terms some of the other mitigation 9 Granite has obligations to number one, close the land and 9 points, that were mentioned, the higher fences. Fence is 10 then build the project, the City's obligations are that we 10 really a misnomer. These are these are screening walls 11 do have a tax abatement agreement for a period of two 11 that are extensions of the building's elevations. I'll 12 years, 50 percent abatement from the City and we're 12 point to the bottom left-hand corner, These are 13 currently working with the County on an abatement as well 13 structural fences that are, you know, 10 to 12 foot 14 for county taxes. In addition to the abatement of taxes 14 high. And from the exterior look of from the street 15 there's provisions for ad valorem abatement or not ad 15 side, they look like extensions of the building. They 16 valorem, but contents abatements as the tenants come on 16 don't look like a fence. But they are an extension of the 17 board and as they're known and we determine what their 17 building. 18 uses are. Those are on a case-by-case basis. 18 And the purposes for those are to basically 19 In addition to that, the City has an 19 screen truck dock areas, trash dumpster areas and to 20 obligation to fund and build Metro Drive Extension, 20 conceal heavier working areas from the public so that the 21 Currently, Metro Drive is partially built. It's built in 21 public, you know, can't see in, Of course, we are at the 22 a substandard fashion. And the City has an obligation in 22 end of the roadway here. So I think that's I think is 23 that 380 Agreement to widen and build and extend Metro 23 going to be much to do about nothing in terms of public 24 Drive, which gives us our back door exit, if you will. 24 access and visibility. So our main focus is to screen 25 When we build Phase I, we will complete 25 what we see from I-35 so that it presents a nice view to Page 14 Page 16 1 of course, Metro Drive will be built ostensibly according 1 I-35 with nice landscaping in front and a nice view of the 2 to the plan in the 380 Agreement simultaneously with the 2 buildings and make sure that we have as little as possible 3 building of our Phase I project. And they will be 3 visibility into the working parts of the development. 4 building a fire loop main driveway or an interior roadway, 4 Some of the landscape blow-ups that we show 5 if you will, that will complete the loop of this project. 5 are here. I mean, these are just examples but very 6 At that time, we'll be building the water 6 developed examples and these are these are actually the 7 extensions and the sanitary extensions that make it 7 plans that will find themselves into the final site plan 8 work. Some of the conversation that we've had here about 8 when we file for plat approval and for our construction 9 our mitigation points, they're we really have very few 9 permit and we anticipate in July, j 10 mitigation points and the points that we're trying to make 10 In addition to the landscape the I I are to make the project feasible and market standpoint. 11 landscape master plans, that's Phase I. This is a blowup 12 The we are at the end of the road we are at the end 12 of Phase I, the first three buildings, in addition to the 13 of the access road here. So from a traffic standpoint, 13 master plan for landscaping and, of course, and the master 14 the traffic that's going to be generated at in this 14 plan for the buildings themselves, we like to file for a 15 area will be our own traffic that we'll be generating. 15 master plan relative to the signage of the park. 16 So we think some of the issues related to 16 And our plan is like in our other parks is 17 stacking and whatnot are, quite frankly, non-issues 17 to design and have a cohesive set of signage graphics 18 internal to the park. Along with the plan, we're filing a 18 throughout the parks. So that as you come into the park, 19 what we'll call, not only a master plan for the 19 all of the ground signs, all of the directional signs for 20 development, but a master architect or a master 20 getting to different tenants and the directional signs for 21 landscape plan as well, where we would indicate ahead of 21 getting to hack docks, the directional signs to buildings 22 time what we anticipate for all of our landscaping or the 22 that are further back, deeper in the park, all of that 23 majority of our landscaping and then in addition to the 23 signage is consistent and of a high architectural theme so 24 master plan for landscaping, we've done a blowup of the 24 that it the thing that we want to do is we want to have 25 landscaping parameters as they would be developed on an 25 we want to have a business park so that it looks PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 13 - Page 16 i Condenseltt'r"I Page 17 Page 19 1 consistent. And it looks like it's well planned and it's 1 signs will be allowed. The applicant is requesting a 2 well built and it's of high quality. 2 total of a total of 15. Many of those signs will be to 3 And that is the end. Granite Properties is 3 direct internal traffic. Those are the same images that 4 very excited about this project. We feel like this 4 the applicant presented previously. 5 project we've planned this project to build out over 5 I would like to point out that when you add 6 five years. We feel, quite frankly, that the City of 6 all of the square footage of all of those signs, they're 7 Denton needs this project and that there is a demand for 7 at less than what would be allowed under one monument sign 8 this project and we feel quite strongly that we will beat 8 along I-35. The total square footage of those buildings 9 our planned build-out and that this project will be built 9 are at 221 221 square foot versus a permitted ground 10 that much quicker than that. 10 sign that will be up to 300 square feet. 11 We've already generated we've already I 1 Staff has not received any opposition 12 generated significant interest from the marketplace and 12 letter at this point, and staff is recommending approval 13 their and the marketplace is asking for us to quote 13 of the sign district. Staff is available to answer any 14 deals on this site right now. So we intend to hit the 14 questions. 15 ground running on this project and become an active member 15 COMMISSIONER STRANGE: This is a public 16 of the City of Denton. Thank you. If you've got any 16 hearing. Let me just point out, one of the rules of our 17 questions, I'd be happy to answer them now. 17 Planning and Zoning Coumtission, is that anyone in the 18 COMMISSIONER STRANGE: Thank you. What I 18 audience who wishes to speak on any item that is a public 19 might suggest is that we would go ahead and open the 19 hearing item should fill out one of the yellow cards 20 public hearing portion of our meeting now, And let staff 20 that's found in the foyer on the way in, So if you do 21 make their presentations on the public hearing items and 21 want to speak on anything, you will need to fill a card 22 then we could do questions. Is that agreeable? Okay. 22 out and bring it to the front. 23 Thank you for your presentation. 23 Okay. Do we the applicant has made an 24 MS. vIERA: The applicant is also 24 address. Is there anything else that you'd like to add at 25 requesting a zoning change from the existing is-E to an 25 this time? Okay. Does anyone on the Commission have any Page 18 Page 20 1 Industrial Center General. The IC-E zoning district would 1 questions of either the staff or the applicant? Dr. 2 allow the applicant to have the distribution center by 2 Thibodeaux. 3 right. Under the existing zoning, distribution centers 3 MS. ANDERSON: can 1 ask a question without 4 are only allowed with the approval of a specific use 4 filling out one of these? 5 permit. 5 COMMISSIONER STRANGE: we'll let you do 6 As you can see the site is surrounded by 6 that tonight only. You can come ahead and speak and then 7 existing iC-G and Ic-E districts in the area. The site is 7 we'll let you fill the card out and hand it in so we'll 8 identified or is within an industrial center, therefore, 8 have it for a record. If you'll give us your name and 9 the proposed IC-G district will conform with the future 9 address. 10 land use plan. 10 MS. ANDERSON: Mary Anderson. I live on 1 I That is a summary of the differences 11 Oak. I have a question as, what is the sign district 12 between the Ic-E and the Ic-G district. A chart is also 12 that's being changed? Is it the size of the signs, the 13 provided in your backup as a reference. Notifications 13 number of the signs? It's not clear from what I heard 14 were sent. At this point, staff has not received any 14 what he's actually asking for. 15 opposition letter. We have received one letter in favor 15 COMMISSIONER STRANGE: Okay. 16 and one letter neutral. 16 MS. ANDERSON: I mean, it wasn't clear what 17 Those are views of the existing site. The 17 was going on. 18 first one would be along I-35 frontage road. This is a 18 COMMISSIONER STRANGE: okay. If staff will 19 view from Metro Road and some of the existing out parcels. 19 come back and please explain that. 20 This is from the terminus of I-35 frontage road looking to 20 MS. VIERA: The applicant is deviating from 21 the north and this is from the terminus looking south. 21 the maximum number of signs permitted for that site. That 22 Staff is recommending approval of the zoning change 22 site allows up to six signs. The applicant is proposing 23 request. 23 15. That's the only deviation. The applicant meets all 24 Because of the limited street frontage that 24 of the other requirements about height, setbacks and 25 this site has, according to the sign district only six 25 maximum effective area. PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 17 - Page 20 i Condenselt"m Page 21 Page 23 1 COMMISSIONER STRANGE: okay. I standards, and if so, by whom? 2 MS. ANDERSON: Can he change his mind later 2 MS. vIERA: Yes. And it's my understanding 3 and put up 30 signs then if you approve a zoning 3 that as a part of the 380 Agreement, it will be the City's 4 variation? 4 responsibility to make those improvements on Metro Road. 5 COMMISSIONER STRANGE: Staff? 5 COMMISSIONER STRANGE: Mr. Roy. 6 MS. vIERA: The applicant will have to 6 COMMISSIONER ROY: I have some questions 7 abide by the approved detail sign district. Any deviation 7 for the applicant, please. 8 from the signs, they will have to come up before the 8 MR. CUNNINGHAM: Yes, sir. 9 Planning and Zoning Commission, City Council to make those 9 COMMISSIONER ROY: I had an exciting tune 10 amendments. 10 today. I went all of the way down Corbin Road. 11 COMMISSIONER STRANGE: Did you hear that? 11 MR. CUNNINGHAM: You can't get there from 12 MS. ANDERSON: Yes, I did. 12 here. 13 COMMISSIONER STRANGE: Okay, Did that 13 COMMISSIONER ROY: Yeah. That was my 14 answer your question? 14 question. Are you planning any access to Corbin Road? 15 MS. ANDERSON: Yes, it did. 15 MR. CUNNINGHAM: NO, S1r. 16 COMMISSIONER STRANGE: Okay. Mr. Roy. 16 COMMISSIONER ROY: okay. You lalked about 17 COMMISSIONER ROY: I think this question 17 truck docks. What would be the type of trucks that we're 18 that I have my first question is for staff. There's a 18 talking about? Is this going to look something like the 19 reference to the flood plain 31.24 acres of flood plain 19 Wal-Mart type distribution center and trucks? 20 and wooded land. And there seems to be a conunitment here 20 MR. CUNNINGHAM: Yes, sir. 21 that that remains undisturbed. Does it have to remain 21 COMMISSIONER ROY: so we're talking about 22 undisturbed anyway because it is flood plain? 22 big vehicles coming in? 23 Ms. vIERA: There's limited work that they 23 MR. CUNNINGHAM: That's correct, sir. 24 can do in the flood plain beside beyond the flood plain 24 COMMISSIONER ROY: And how would they come 25 theme is like 3 point something acres that they could 25 into this site? Page 22 Page 24 1 develop that is located to the west okay. Right here. I MR. CUNNINGHAM: come in down the access 2 This area right here is outside the flood plain, however, 2 road through the turn-around into the park. 3 the applicant have designated that as an undisturbed area. 3 COMMISSIONER ROY: would you say that 4 COMMISSIONER ROY: And that will remain as 4 again? The turn-around? 5 part of the plat that shows that that will not be 5 MR. CUNNINGHAM: The access road conics in 6 developed, that whole area? 6 I'll just use my pointer. The access road comes in and 7 MS. VIERA: That will be one of the the 7 stops at this point, There's a turn-around. It's built 8 incentive or the mitigation that they provide with the 8 owned by the State. Traffic comes back out the access 9 ADP. if they ever decide to develop that area, then that 9 road and that's currently the way this property is served. 10 will be something that staff will have to reconsider 10 The serve of this property is not going to change because 11 because at one point that was offered as a part of the i l the State Highway Department has no intentions of building 12 mitigation. 12 or allowing anyone to build any additional access roads. 13 COMMISSIONER ROY: Thank you. 13 So as a part of the development, the City 14 COMMISSIONER STRANGE: Anyone else have any 14 has agreed to build Metro Road from here to here to a 15 questions? Dr. Thibodeaux. 15 proper City standard. We are going to be building a 36 16 COMMISSIONER THIBODEAUX: 1 believe this 16 foot wide 36 or 40 foot wide concrete private street, 17 question is for the staff. The Metro Road does not meet 17 if you will, that will come in here, out here and loop the 18 City standards? 18 site, so that access could come in and loop through the 19 MS. ViERA: Currently Metro Road is not 19 site and loop back out. This will take care of Phase I 20 according to City standards. It's partially a City 20 and Phase it access. 21 right-of-way and partially a private right-of-way. 21 When Phase I and this is actually Phase 22 COMMISSIONER THIBODEAUX: Okay. Would it 22 Iv. when Phase it is built this road will be extended 23 need to be brought 23 over. It's another private road. All of the driveways 24 MS. VIERA: Yes. 24 and fire lanes will be looped and connected back to this 25 COMMISSIONER THIBODEAUX: ° to City 25 private road system. PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 21 - Page 24 Condenselt""' Page 25 Page 27 I When Phase III is built, this road will be 1 that I understand those conditions. I don't know that 2 extended. The fire lames and internal streets will be 2 there were any of them that were major issues. " 3 looped and tied back in to the rest of the road system so 3 On the stacking of Metro, we have currently 4 that it's an internal feeding system. The only access 4 30 feet. 5 points are here and here. 5 MR. MCCULLAH: Yes. Kyle McCullah with 6 Corbin Road, I understand is up here. The 6 Hardy McCullah Architects at 12221 Merritt Drive, Dallas, 7 City has indicated that they have a long-term plan to 7 Texas. We have provided on Metro on Metro street of 8 acquire right-of-way and build an extension up to Corbin 8 the main private driveway a 60 foot stacking. "Thirty feet 9 and improve Corbin back to Airport Boulevard. But to the 9 of stacking along Metro, along the private, along the 10 best of my knowledge that's not on the City's current 10 other driveways related to this building, for example, we I I thoroughfare plan. 11 provided 30. The reason okay. 12 COMMISSIONER ROY: so you're saying that 12 MR. CUNNINGHAM: And the last one was, if I 13 once this is fully built out that these heavy trucks are 13 understand this one correctly, paraphrasing, we're 14 going to be coming down into this complex and coming back 14 you're simply saying we have to have an approved fire 15 out on Airport Road basically? 15 access road or driveway prior to going vertical with our 16 MR. CtTNNINGHAM: That's correct. 16 construction. And I don't have a probletn with any of 17 COMMISSIONER ROY: IT continue my 17 these. We intend to every one of these, 18 questioning 18 COMMISSIONER STRANGE: Does anyone else 19 COMMISSIONER STRANGE: Let's why don't 19 have any questions? I have a couple of items I'd like to 20 you address all of your questions if you have them. 20 ask about. One, I had jotted down before you made a very 21 COMMISSIONER ROY: okay. You showed us a 21 emphatic statement about this, so I'll I just want a 22 landscaping plan. There's a better taste on landscaping 22 clarification on this. I assure you've been in 23 plans for things like this on this Commission. I don't 23 conversation with TXDOT. one question I have, if 24 know if you listened to us last week, or last meeting, it 24 ultimately by any stretch of the imagination, that is 25 carne out, I think. But it's, I think, you've shown a plan 25 changed to an access road with access back out on to 35, Page 26 Page 28 1 that is looks pretty good. It's less than what our 1 and we have several issues here related to the fact that 2 standards call for, as I understand staff. But it is an 2 you said this is a dead-end and end of the line. lr it 3 alternative plan. I guess what I'm getting at is that are 3 someday does not become the end of the line, then what are 4 you going to what are the chances you're going to conic 4 your positions in regard to these items that we would 5 back here, you know, six months from now, and say, well, 5 variance tonight? 6 now, I'm not going to do that. 6 So I guess I'm asking have you had in-depth 7 This happened to us recently and it did not 7 conversations with TXDOT about the future of any access 8 go over well. 8 from this? 9 MR. CUNNINGHAM: Understandable. Now, that 9 MR. CUNNINGHAM: The City Staff and we both ii 10 we've filed this alternative landscaping plan, that would to have. In fact, when we originally approached the City in 11 be at your and the City Council's discretion to allow me I 1 August, September of 2004, one of the requirements that we 12 to vary from that. If you didn't, then I'm obligated, if 12 asked the. City to assist us with was to get the access 13 I'm going to build out this development to build that 13 road extended and we offered to participate in the cost of 14 landscaping plan. 14 that access road extension. And we were told that not now 15 Now, we haven't picked every shrub type or 15 or in the foreseeable future would there be an access road 16 tree type or vine type or whatever yet. That certainly 16 even if we did pay for it. So we've been to that movie 17 has to be done. But in terms of the coverage, the tree 17 with the State before, so we assumed that that's going to 18 coverage, the amount of trees, and the areas of shrubbery 18 be their stance until it changes. 19 and whatnot, we're obligated to do it by this Master Plan. 19 COMMISSIONER STRANGE: Okay. Well, like I 20 COMMISSIONER ROY: Thank you. Oh, excuse 20 say, I know there's been discussion with TXDOT On Soule 21 me. One more thing. In the listing or the reconiniendation 21 other areas or some other approaches in that general area 22 by staff for approving or standing behind your proposal, 22 because there is a lot of development going on in that 23 they had a series of conditions. Are you familiar with 23 part of town now. The University of North Texas is 24 those conditions? And are you accepting those conditions? 24 building dormitories that access on to Airport Road. 25 MR. CUNNINGHAM: I t,d like to make sure 25 Presbyterian Hospital has just built a major complex that PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 25 - Page 28 Condenseltrm Page 29 Page 31 1 when you dump out on your West Oak side there, it goes up 1 will be facade changes and there will be awnings for 2 to Airport Road. You're on Airport Road. And there's 2 entrances and whatnot. We whether they're at the exact 3 only one two-lane Airport Road. And I'm just wondering 3 spacing that the current ordinance requires, I think 4 where the magic is in TxDOT's mind as far as what that's 4 that's the issue is that we will have some of that, We 5 going to address before we get some relief to the south, 5 will, obviously have a lot of reveals. The reveals are 6 and I didn't know if you'd raised all of those points with 6 are the lines that you see in the panels that are actually 7 them or if that was in your plan to do that. 7 recessing in the panels and whatnot. 8 But if we're going to grant variances 8 COMMISSIONER STRANGE: I understand that. 9 related to this being dead-end, you know, I'd like to know 9 MR. CUNNINGIIAM: We anticipate that this is 10 that that is as you say, in not the foreseeable future. 10 pretty much what we see. But there will be some changes 11 MR. CUNNINGHAM: Yeah. We've talked to 1 I to that. Keep in nand we're building a speculative office 12 them and that's their that's their position for the 12 building. We haven't we haven't identified one of 13 foreseeable future with no direction to the otherwise. 13 the things we've learned especially with the small tenant 14 So-- 14 buildings which we anticipate these front buildings 15 COMMISSIONER STRANGE: well, we're glad to 15 especially, to have a number of smaller tenants because 16 have you here. I just wanted to make sure that everybody 16 they're not that deep. The buildings are, I believe, 150 17 there is aware of what's going on. You made another 17 feet deep which allows us to do 10 to 12,000 square foot 18 couple of conurents I just want to follow up on. One was 18 tenants as we should desire. 19 related to trees being 50 feet rather than 40 feet, And 19 One of the things that we've learned is 20 that you had a plan to make up the difference with shrubs. 20 that if we predetermine where these entrances are by 21 I couldn't really tell from your landscape plan, are you 21 building too many of these these large poke-outs, that 22 accommodating that in your current plan, or is that 22 we we sort of lock ourself into not doing not being 23 something you plan to do beyond the plan that you have? 23 able to do certain tenants because we we will either 24 MR. CUNNINGHAM: well, we're required, for 24 have not enough entrances or we'll have too many and 25 example, along these building fronts, we're required to 25 they'll just be in the wrong spot. So what we've what Page 30 Page 32 1 have a three-foot fence or a wall or to do it with 1 we've started doing is we've started building our 2 greenery or landscaping. We have the option. Now, we 2 buildings where the end elements, these end elements here 3 have the tree planting requirement which is fine for the 3 are since they're the corers in the main entrance, we 4 vertical trees, but it's not going to do the screening 4 definitely build those, and then we design in methods to 5 that that three foot wall would accomplish for the 5 put in additional entrances with a different with a 6 headlights of cars, essentially is what you're trying to 6 slightly different canopy or whatnot so that we can locate 7 do there. We'll do that with a combination of berming and 7 those as we know the tenants need the space and where they 8 a combination of hedging. And that will be that will 8 show up. 9 find it's way into the master plan or into the landscaping 9 COMMISSIONER STRANGE: I can understand all 10 plans when they get filed for the building permit that we 10 of that, I'm just trying in my mind to get a I l have obviously not filed for yet. I I clarification on what was in our staff backup where it 12 COMMISSIONER STRANGE: okay. And I have 12 reads to me that these could be built in a and like 13 one other question. One of the places here we talk about 13 I've seen in some warehouse districts is a straight 14 building frontages greater than 100 feet in length, you'll 14 running tilt wall building and very much different than 15 have offset jogs or other distinctive changes. And staff 15 what we see up here. And I just want to make sure that 16 says that we are not going to have those. They're not 16 what we're going to vote on is what we're swing and we're 17 real clear about it. It says that you have a two and a 17 not going to drive out there a year from now and see some 18 half inch reveal, which I have a hard time understanding 18 straight running line of tilt wall panels up there. 19 in a tilt wall construction. And the every 19 MR. CUNNINGHAM: That's correct. I can 20 illustration you've showed us of a building there showed 20 absolutely guarantee you standing here tonight that the 21 offsets in the facade of those buildings, 21 first building you see on each end of the building will 22 Are we going to have facade change or are 22 have that element. 23 we not going to have facade change? There we go. To me, 23 COMMISSIONER STRANGE: That answers my 24 there that shows you've got 24 question. Like I say, I had read this earlier, and did 25 MR. CUNNINGHAM: Yes. We will there 25 not really understand the comment that was in our backup. PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 29 - Page 32 i Condenselt"A Page 33 Page 35 1 And then when I saw your rendering, it didn't match with I we will have industrial users, you know, the heavier 2 what the information we were given ahead of time. 2 some of the heavier industrial users. And as we're as 3 MS. CARPENTER: Can I add to that? 3 we build these buildings on a speculative basis versus 4 COMMISSIONER STRANGE: You certainly may. 4 building it as a user, knowing exactly what we're going to 5 MS. CARPENTER: Mr. Chairman, I think also 5 do, we're building on a speculative basis and we have to 6 that in Ms. Viera's staff report under recommendations, 6 be able to address varied needs from the market as the 7 Item No. 5 is intended to add trees and landscaping along 7 market shows up. 8 those long fronting expanses of the facade to where 8 And we anticipate that we will have some of 9 they're longer than what you would normally see, it's 9 those tenants that will be that would fall underneath 10 asking for additional landscaping, 10 that Ic-G category. And we can't go out and represent to . 1 I COMMISSIONER STRANGE: Some softening? 11 the market and we can't lease to the market that we can 12 MS. CARPENTER: Yes. 12 lease a tenant space for use of that nature unless we 13 COMMISSIONER STRANGE: Okay, All right. I 13 already have the zoning. So it's we don't want to be 14 think that gets most of my questions. Mr. Watkins, 14 in here every time we're trying to make a deal trying to 15 COMMISSIONER WATKINS: Thank you, Mr. 15 get a special use permit for that. 16 Chairman. Let's go around to the other side of the 16 That's not practical to build these types 17 building to where the trucks back up. What is your 17 of buildings and have to do that. 18 current construction on I see a loading dock, okay. 18 COMMISSIONER ROY: So you don't plan to 19 Are we talking about flush with the building when the 19 have any hotels or motels there? 20 truck backs up or are we talking about an eight or ten 20 MR. CUNNINGHAM: I don't think we plan to 21 foot that a forklift runs around outside? 21 have any hotels or motels there. 22 MR. CUNNINGHAM: No. The it will all 22 COMMISSIONER ROY: Colleges Or medical 23 of the buildings will be built dock high so the trucks 23 centers or mortuaries then? 24 will back up and unload directly into the building. 24 MR. CUNNINGHAM: I never say never, but 25 COMMISSIONER WATKINS: 48 to 54 inches 25 one would not know. Page 34 Page 36 1 tall? I COMMISSIONER ROY: You were just about to 2 MR. CUNNINGHAM: 48-inch tall dock. 2 say never if we make the zoning change. Okay. Thank you. 3 COMMISSIONER ROY: when the truck pulls 3 MR. CUNNINGHAM: Yes. 4 away and the door is down, anything falls off? 4 COMMISSIONER STRANGE: Are there any other 5 MR. CUNNINGHAM: That's correct. 5 questions of the applicant? Any other questions of staff? 6 COMMISSIONER WATKINS: okay. The other 6 Does anyone else wish to speak although we do not have any 7 question, I noticed there's eight items that apparently we 7 cards? Ms. Viera, do you wish to say something? You do 8 didn't anticipate, one of them being loading dock 8 not have to fill out a card. 9 location. And a while ago, I think Commissioner Roy was 9 Ms. vIERA: Thank you. Just as a point of 10 asking about the staff recommends approval with six or 10 clarification for the ADP, what you will be approving 11 seven different things now. The one that you called off, I 1 tonight is the Attaclunent 5 which shows all of the lot 12 extension of water and sewer line, the six on here is the 12 layouts and also the seven conditions, the six already 13 proposed central driveway along Metro Road. Are you 13 provided in your backup and the additional one that was 14 familiar with those six or seven? 14 provided on the manila folder. 15 MR. CUNNINGHAM: These are the ones we just 15 COMMISSIONER STRANGE: Thank you. I think 16 talked about as mitigation points? 16 to keep this straight, what we would want to do, since we 17 COMMISSIONER WATKINS: Is that the one that 17 have combined one item of an individual consideration 18 he was talking about a while ago? Okay. Thank you very 18 along with two items out of die public hearing.. we will 19 much. 19 take three separate votes here. So if we will first, 20 COMMISSIONER STRANGE,: Mr. Roy. 20 let's draw our attention to the I closed the public 21 COMMISSIONER ROY: Moving over to the 21 hearing. If not, I just did. The public hearing is 22 zoning change, would you state very clearly why you want a 22 closed. I thought I just did that. 23 zoning change, what specific thing you're trying to 23 So we will take these in order. So if we 24 accomplish with a zoning change? 24 can have a motion, then, on the alternative development 25 MR. CUNNINGHAM: Because we anticipate that 25 plan portion first. Mr. Watkins. PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 33 - Page 36 CondenseIti'm Page 37 Page 39 I COMMISSIONER WATKINS: Thank you, Mr. 1 City of Denton and bringing sonic new tax base and 2 Chairman. I would move approval Of ADP-05-0002 to include 2 hopefully, sonic new employers. So we'll be out here 3 the staff recotmnendations on page 7, the six, plus the one 3 working. And if we don't do something that I said we're 4 in the manila folder. 4 going to do, then you can call me and I'll make good by 5 COMMISSIONER STRANGE: okay, We have a 5 it. 6 motion. Do we have a second? 6 COMMISSIONER STRANGE: well, again, we 7 COMMISSIONERTHIBODEAUX: second. 7 welcome you to Denton and if we can work with you in the 8 COMMISSIONER STRANGE: we have a motion by 8 future, we look forward to it. 9 Mr. Watkins and a second by Dr, Thibodeaux. Any 9 MR. CUNNING] ]AM: Thank you. 10 discussion? If not, please vote. Item is approved 6-0. 10 COMMISSIONER STRANGE: Thank you. We Will I 1 Next we would take Item 4A, which is the 11 now go back to our individual considerations. And we will 12 rezoning of approximately 94.2 acres from Industrial 12 be looking at Item 3D, which is the release of Denton's 13 Center Employment [C-E zoning district to a Industrial 13 Extraterritorial Jurisdiction to the City of Krum for the 14 Center General, Ic-G zoning district. Do we have a 14 Aspen Park Development which is a 7.011 acre site 15 motion? 15 generally located on Hopkins Road north of FM 1173. Mr. 16 COMMISSIONER GUZMAN-RAMON: so moved. 16 Waehell. 17 COMMISSIONER STRANGE: we have a motion. 17 MR. WACHELL: Good evening, Conunissioners. 18 Do we have a second? 18 Staff is requesting that the Planning and Zoning 19 COMMISSIONER ROY: second. 19 Commission [wake a recommendation to City Council regarding 20 COMMISSIONER STRANGE: Okay. We have a 20 the release of seven acres of Denton's ETJ to the City of 21 motion by Ms. Cruzman-Ramon. And a second by Mr. Roy. 21 Krum for the Aspen Park Development. The developer of 22 Please vote. Item passes 6-0. 22 Aspen Park has requested utility service from Krum, which 23 And finally, we will have Item 413, the 23 is in Denton's ccN. Krum does have the ability to serve 24 special sign district for the Granite Point Development. 24 the area. The tract of land is 53 of the acres are in 25 The 94.2 acre site is located at the southwest corner of 25 Krum's ETJ and seven acres, the small portion here, are in Page 38 Page 40 1 Metro and I-35 west frontage road intersection. Do we 1 Denton's ETJ, and the entire tract is located within 2 have a motion? Mr. Roy. 2 Denton's CCN boundary. 3 COMMISSIONER ROY: I'd like to make just a 3 The developer has requested that Denton 4 quick comment. I think what we are approving here with 4 release the seven acres of CCN to Krum so that they can 5 this special sign district is similar to what we approved 5 proceed with their development. I would like to point out 6 for the Presbyterian Hospital, a large site which requires 6 that in the information that was presented in the work 7 more insight on site directional signs that what, 7 session, I discussed a couple of proposals that were taken 8 perhaps, our standards had envisioned. 8 to City Council the last of which was a 176 acre net loss 9 So I don't feel that this is a significant 9 of ETJ for the cleaning up of the boundaries between the 10 variation from the intent of our Code. So I move 10 City of Krum and the City of Denton. I 1 approval. I don't know if there is any staff 11 There were a few staff members or a few 12 recommendations. I'm struggling to find that, As there 12 Council members who were reluctant to release that amount 13 are no staff recotrlmendations, I'm move approval of the 13 of ETJ. so at that point staff did request support from 14 special sign district. 14 the Council to move forward on the Aspen Park request so 15 COMMISSIONER STRANGE: I have a motion. Do 15 that they could move forward with their development. 16 we have a second? 16 Staff is recolrunending the release of this portion of die 17 COMMISSIONER WATKINS: Second. 17 ETJ. it is landlocked and has very little potential for 18 COMMISSIONER STRANGE; I have a motion by 18 development for the City of Denton. 19 Mr. Roy, a second by Mr. Watkins. Any discussion? If 19 For utilities, Denton already is the 20 none, please vote. And the vote passes 6-0. 20 wholesale, and wholesale provider of waste water and water 21 So all you gentlemen need to do now is go 21 services for Krtun. Staff feels that relinquishing the 22 to work and sell some property. 22 ccN, which they already have established utility 23 MR. CUNNINGHAM; On behalf of Granite 23 infrastructure and is not detrimental to Denton's future 24 Properties, I'd like to thank you much for supporting US. 24 plans to provide service in that area. 25 We're very excited about being a new neighbor here in the 25 So at this point, I will answer any PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 37 - Page 40 SAOUR DOCUMENTSTLANNING & ZONINGIOrdinances-Resolutions120051Z05-0004.dcc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AN INDUSTRIAL CENTER EMPLOYMENT (IC-E) ZONING DISTRICT TO AN INDUSTRIAL CENTER GENERAL (IC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 94.2 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF METRO ROAD AND INTERSTATE 35 WEST FRONTAGE ROAD, ANDLEGALLY DESCRIBED AS TRACTS 42, 43, AND 48 OF THE O. BREWSTER SURVEY AND TRACT 4 OF THE T. DAUGHERTY SUVEY 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. (Z05-0004) WHEREAS, Granite Properties, Inc. has applied for a change in zoning for approximately 94.2 acres of land generally located at the southwest corner of Metro Road and Interstate 35 West frontage road and more particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from Industrial Center Employment (IC-E) zoning district to Industrial Center General (IC-G) zoning district classification and use designation; and WHEREAS, on April 27, 2005, the Planning and Zoning Commission recommended approval of the requested change in zoning; and. WHEREAS, the City Council finds that the change is consistent with the Comprehensive Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The zoning district classification and use designation of the Property is hereby changed from Industrial Center Employment (IC-E) zoning district to Industrial Center General (IC- G) zoning district classification and use. SECTION 2. The City's official zoning map is amended to show the change in zoning district classification. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: PAGE 2 EXHIBIT A LEGAL DESCRIPTION BEING A 94.168 ACRE TRACT OF LAND LOCATED IN THE O.S. BREWSTER SURVEY, ABSTRACT No. 56, DENTON COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO JAMES F. MASON (TRACT 1) RECORDED IN VOLUME 725, PAGE 365 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, BEING ALL OF A TRACT OF LAND DESCRIBED IN A DEED TO JAMES F. MASON (TRACT 2) RECORDED IN VOLUME 725, PAGE 375, OF THE DEED RECORDS OF DENTON, COUNTY, TEXAS, AND BEING ALL OF A TRACT OF LAND DESCRIBED IN A DEED TO JAMES F. MASON (TRACT 3) RECORDED IN VOLUME 725, PAGE 370 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING AT 1/2" IRON ROD FOUND AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35W (A VARIABLE WIDTH RIGHT-OF-WAY) AND THE SOUTH RIGHT-OF-WAY LINE OF METRO STREET (A 50 FOOT WIDE RIGHT-OF-WAY) AS SHOWN BY THE PLAT RECORDED IN CABINET "A", SLIDE 388 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, BEING THE NORTHEAST CORNER OF SAID MASON TRACT 1; THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF SAID INTERSTATE HIGHWAY 35W AS FOLLOWS: S 20°16'34" W, PASSING A 1/2" IRON ROD FOUND AT 880.97 FEET BEING THE NORTHEAST CORNER OF SAID MASON TRACT 2 AND A SOUTHEAST CORNER OF SAID TRACT 1, CONTINUING IN ALL A DISTANCE OF 1106.20 FEET TO A TxDOT CONCRETE MONUMENT; S 88°40'51" W, 107.75 FEET TO A TxDOT CONCRETE MONUMENT; S 01 010'18" E, 65.51 FEET TO A 1/2" IRON SET WITH A CAP STAMPED "WIER & ASSOC. INC." BEING THE SOUTHEAST CORNER OF SAID MASON TRACT 2; S 01 01018" E, 112.36 FEET TO A 1/2" IRON ROD FOUND; N 88°49'42"E, 69.90 FEET TO A 1/2" IRON ROD FOUND; S 23°10'30"W, AT 133.53 FEET PASSING THE SOUTHEAST CORNER OF SAID MASON TRACT 1 AND THE NORTHEAST CORNER OF SAID TRACT 3, IN ALL A DISTANCE OF 199.84 FEET TO TxDOT CONCRETE MONUMENT AT THE BEGINNING OF A CURVE TO THE RIGHT; SOUTHWESTERLY, 585.62 FEET ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 5569.58 FEET, A CENTRAL ANGLE OF 6001'28", AND A CHORD BEARING OF S 23°18'54"W7 585.35 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." AT THE END OF SAID CURVE TO THE RIGHT; S 26°19'38"W7 358.22 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; S 30°36'58"W7 200.56 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; S 26°19'38"W7 604.02 FEET TO A BROKEN TxDOT CONCRETE MONUMENT BEING THE SOUTHEAST CORNER OF SAID MASON TRACT 3; THENCE ALONG THE SOUTH LINE OF SAID MASON TRACT 3 AS FOLLOWS: S 85°26'18"W7 306.98 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." ; S 57°00'48"W7 62.00 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." ; S 00°22'58"W7 16.00 FEET TO AN "X" CUT FOUND IN A CONCRETE BRIDGE IN CORBIN ROAD, BEING A SOUTH CORNER OF SAID MASON TRACT 3 AND THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO TERRI J. MEADOR RECORDED IN COUNTY CLERK'S DOCUMENT NUMBER 94-0094073 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; THENCE S 89°47'44" W ALONG THE NORTH LINE OF SAID MEADOR TRACT, AND ALONG CORBIN ROAD, AT 439.00 FEET PASSING A 5/8" IRON ROD FOUND, IN ALL A DISTANCE OF 447.55 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC.", BEING THE SOUTHWEST CORNER OF SAID MASON TRACT 3, AND BEING THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO JESSIE HAVENHILL RECORDED IN VOLUME 2775, PAGE 293 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; THENCE ALONG THE WEST LINE OF SAID MASON TRACT AS FOLLOWS: N 00°26'33"E ALONG THE WEST LINE OF SAID MASON TRACT 3, AT 1094.70 FEET PASSING A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." BEING THE NORTHEAST CORNER OF SAID HAVENHILL TRACT, AT 537.39 FEET PASSING A 5/8" SQUARE PIPE FOUND FOR THE NORTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN A DEED TO JAMES A. NORMAN RECORDED IN COUNTY CLERK'S FILE No. 98-0051483 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, IN ALL A DISTANCE OF 1671.25 FEET TO A 1/2" IRON ROD FOUND BEING THE NORTHWEST CORNER OF SAID MASON TRACT 3, AND BEING THE SOUTHWEST CORNER OF SAID TRACT 1; N 00°57'30" E ALONG THE WEST LINE OF SAID MASON TRACT 1, AT 503.67 FEET PASSING A 5/8" SQUARE PIPE FOUND FOR THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO T. KLEIN, JR. AND BETTY K. NORMAN, RECORDED IN VOLUME 2775, PAGE 281 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, IN ALL A DISTANCE OF 1326.60 FEET TO A 1/2" IRON ROD SET FOUND IN THE SOUTH RIGHT-OF- WAY LINE OF METRO STREET, BEING THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO TEXAS INDUSTRIES RECORDED IN COUNTY CLERK'S FILE No. 94-0068137OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; THENCE N 88°33'33" E ALONG THE NORTH LINE OF SAID MASON TRACT 1, THE SOUTH LINE OF SAID TEXAS INDUSTRIES TRACT, 293.61 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; THENCE S 39°32'24" E, 156.63 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; THENCE S 12°49'23" E, 136.65 FEET TO A POINT FOR A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; THENCE N 88°33'33" E, 490.12 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; THENCE N 01 026'27" W, 257.22 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." IN THE NORTH LINE OF SAID MASON TRACT 1; THENCE N 88°33'33" E ALONG THE NORTH LINE OF SAID MASON TRACT 1, 291.02 FEET TO A 1/2" IRON ROD FOUND BEING THE NORTHWEST CORNER OF LOT 1, BLOCK 1, GIGIOLOTTI, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS AS SHOWN BY THE PLAT RECORDED IN CABINET "G", SLIDE 109 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; THENCE S 01 °26'27" E ALONG THE WEST LINE OF SAID LOT 1 AND A EAST LINE OF SAID MASON TRACT 1, 394.00 FEET TO A 1/2" IRON FOUND BEING THE NORTHEAST CORNER OF SAID LOT 1 AND A NORTH CORNER OF SAID MASON TRACT 1; THENCE N 88°33'33" E, ALONG THE SOUTH LINE OF SAID LOT 1 AND A NORTH LINE OF SAID MASON TRACT 1, 280.00 FEET TO A 1/2" IRON ROD FOUND BEING THE SOUTHEAST CORNER OF SAID LOT 1 AND A NORTH CORNER OF SAID MASON TRACT 1; THENCE N 01 026'27" W, ALONG THE EAST LINE OF SAID LOT 1 AND A WEST LINE OF SAID MASON TRACT 1, 394.00 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." BEING THE NORTHEAST CORNER OF SAID LOT 1, BEING A NORTH CORNER OF SAID MASON TRACT 1 AND BEING IN THE SOUTH LINE OF A SAID METRO STREET; THENCE N 88°33'33" E ALONG THE SOUTH LINE OF SAID METRO STREET AND THE NORTH LINE OF SAID MASON TRACT 1, 549.62 FEET TO THE PLACE OF BEGINNING AND CONTAINING 94.168 ACRES OF LAND. AGENDA INFORMATION SHEET AGENDA DATE: May 24, 2005 DEPARTMENT: Planning and Development Department CM/DCM/ACM: Jon Fortune, Assistant City Manager SUBJECT- SD05-0001: (Granite Point) Hold a public hearing and consider adoption of an ordinance creating a Special Sign District for the Granite Point development. The 94.2 acre site is located at the southwest corner of Metro Road and I-35 West frontage road intersection. The purpose of the Special Sign District is to allow signage for a development to deviate from the requirements of Subchapter 15 of the Development Code relating to maximum number of ground signs. The Planning and Zoning Commission recommends approval (6-0). BACKGROUND Applicant: Granite Properties, Ltd. Plano, TX The proposed sign district would serve a 94.2 acre industrial development with limited street frontage due to the discontinuation of I-35W frontage road. The property extends approximately 1,950 feet south from the frontage road terminus. Proposed buildings located on the southern parcels would be accessible through a series of private internal driveways. The property has approximately 1,115 feet of street frontage along Metro Road and 1,280 feet of street frontage along I-35W frontage road, totaling 2,395 feet of street frontage. The Development Code allows for one ground sign per 500 feet or fraction of street frontage. Per this requirement, a total of 6 ground signs would be allowed. The applicant is requesting 15 ground signs that would be visible from either Metro Rd or I-35W frontage road. All proposed signs are Code complaint regarding maximum height, maximum effective area, setbacks, and minimum spacing. Public notification information is provided in Attachment 3. As of this writing, staff has received one letter neutral to the request from a property owner within 200 feet of the subject site. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. 1 RECOMMENDATION The Planning and Zoning Commission recommends approval (6-0). ESTIMATED PROJECT SCHEDULE The subject property is not platted. Platting is required prior to the issuance of building permits. PRIOR ACTION/REVIEW No prior development applications for the subject site have been submitted. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification (Property Owner Notification Map) 4. Site Photos 5. Sign District Plan 6. April 27, 2005 Planning and Zoning Commission Minutes 7. Ordinance Prepared by: fJU7~ V Deborah Viera, AICP Planner II Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development 2 ATTACHMENT 1 Staff Analysis Summary of Request The applicant is proposing the creation of a Special Sign District. Subchapter 15 of the Development Code, authorizes the Planning and Zoning Commission to make a recommendation to the City Council if it finds the five criteria are met and that the proposal is "clearly superior" to what would be permitted without the plan. The ordinance states: The Council may approve the creation of a sign district for any property which has more than three hundred (300) feet of continuous street frontage on one (1) public street if it finds the district: (1) Provides a comprehensive plan for signs that would be clearly superior to what would be allowed without the plan; (2) Would be compatible with surrounding properties. In considering whether a district and sign plan is "compatible " and "clearly superior", the Commission and Council shall consider, but are not limited to considering the following: LScale. The relationship between and compatibility of sign scale, site scale and the scale of nearby buildings. 2. Color. The relationship between and compatibility of sign color to the color of nearby buildings and landscaping: The degree to which sign colors are complimentary to its surroundings. 3.MateriaL The materials of the signs and how they relate to their surroundings. 4.Shape. The shape and design of the signs and how they relate to their surroundings. 5.Landscaping The relationship of signs to landscaped features in and outside the district. 6 Traffic Safety and Traffic Circulation. The impact of the signs on driver's view, the degree to which view obstructions are created or improved, avoidance of confusion with or obstruction of traffic control signs and devices, and the time it takes a motorist to read the sign. 7111umination. The impact and compatibility of sign illumination within the district and in relation to neighboring properties. The avoidance of glare and light pollution. Untegration How the signs in the district are integrated into a unified development concept with the topography, building design, other signs, landscaping, traffic circulation and other development features on the district and nearby property. (3) Is not being used merely to avoid or gain a variance of the sign regulations; (4) Does not violate the spirit or intent of the sign regulations; and (5) Complies with the requirements of this for a special sign district. 3 Adjacent zoning and land uses. North: Industrial Center Employment (IC-E) South: Industrial Center General (IC-G) (undeveloped land) East: Neighborhood Residential 2 (NR-2) and Neighborhood Residential 4 (NR-4) (across I-35 West) West: Extra-territorial Jurisdiction (ETJ) Comprehensive Plan Anal The Denton Plan identifies the subject site as an "Industrial Centers" future land use area. Industrial Centers are intended to provide locations for a variety of work processes and work places such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations. The industrial centers may also accommodate complementary and supporting uses such a convenience shopping and child-care centers. Adequate public facilities shall be a criterion by which zoning is granted. Development Review Anal Staff s analysis for the Special Sign District requires the review of the criteria stated in the ordinance and reiterated in the summary above and then is followed by a Staff finding: 1. The council may approve the creation of a sign district for any property which has more than three hundred (300) feet of continuous street frontage on one (1) public street if it finds the district. Staff finding: The property has approximately 1,115 feet of street frontage along Metro Road and 1,280 feet of street frontage along I-35W frontage road, totaling 2,395 feet of street frontage. Additionally, the subject property extends approximately 1,950 feet south from the frontage road terminus. 2. Provides a comprehensive plan for signs that would be clearly superior to what would be allowed without the plan; 4 Number Max. Maximum of Ground Height Effective Area Signs Permitted Permitted by Permitted by Ordinance per by Ordinance Sign Ordinance 0. 3 Signs 40 Feet Sign Area = 300 sq. ft . each 3 Signs 6 Feet Monument sign = 60 sq. ft. each ■ A sign elevations and site plan have been prepared by the applicant (Attachment 4). Staff Finding: The applicant's proposal is Code complaint regarding maximum height, maximum effective area, setbacks, and minimum spacing. The proposed cumulative effective area for all proposed signs (201 sq. ft) is smaller than would be allowed for one monument sign (300 sq. ft) along I-35W frontage road. 3. Would be compatible with surrounding properties. Staff Finding: The proposed development is located nearby longstanding existing industrial uses. The proposed signs have been designed to reflect contemporary signage trends and would be an overall improvement for this area. In considering whether a district and sign plan is "compatible" and "clearly superior", the commission and council shall consider, but are not limited to considering the following: 4. Scale. The relationship between and compatibility of sign scale, site scale and the scale of nearby buildin&s. Staff Finding: The proposed signs are less conspicuous than the typical signs found on heavy industrial sites. The nature of the majority of the proposed signs is directional. 5 5. Color. The relationship between and compatibility of sign color to the color of nearby buildings and landscaping: The degree to which sign colors are complimentary to its surroundings. Staff Finding: The design of the signage has a consistent shape, but no specific color has been determined to compare with the building architecture of the future development. The proposed architectural elements are typical of modern warehousing buildings. Typical elevations for the proposed buildings are not defined under any specific architecture style. 6. Material. The materials of the signs and how they relate to their surroundings. Staff Finding: The proposed sign would be made of aluminum panels and fiberglass elements. 7. Shape. The shape and design of the signs and how they relate to their surroundings. Staff Finding: Signs proposed would be of standard geometric shape that is comparable to other signs throughout Denton. 8. Landscaping. The relationship of signs to landscaped features in and outside the district. Staff Finding: Landscape is proposed for the areas located at the building entrances where signs type "E" are proposed. 9. Traffic Safety and Traffic Circulation. The impact of the signs on driver's view, the degree to which view obstructions are created or improved, avoidance of confusion with or obstruction of traffic control signs and devices, and the time it takes a motorist to read the sign. Staff Finding: The sign location would comply with the minimum distances required for visibility and safety purposes. 10. Illumination. The impact and compatibility of sign illumination within the district and in relation to neighboring properties. The avoidance of glare and light pollution. 6 Staff Finding: The applicant is proposing two internally lit signs (Signs Type A) at each terminus of Metro Road and I-35W frontage road. The sign code regulates lighting if signs are located within 500 feet of a single-family use or district. Residential district locate approximately 345 ft across I-35W. No language related to prevention of light pollution or lighting standards has been added to the signage plan. 11. Integration. How the signs in the district are integrated into a unified development concept with the topography, building design, other signs, landscaping, traffic circulation and other development features on the district and nearby property. Staff Finding: The proposed signs will be designed using the same colors, building materials, font, size to create a unified signage system. 12. Is not being used merely to avoid or gain a variance of the sign regulations, Staff Finding: The applicant's proposal will required 8 variances from the Sign regulations. 13. Does not violate the spirit or intent of the sign regulations, and The spirit and intent of the sign regulations is to regulate signs according to type, number, size, setback, classification and height. The "spirit" of the ordinance, as noted on the ordinance at the time of adoption stated "WHEREAS, the City Council of the City of Denton finds that the use of signs and other outdoor advertising devices and structures, if unregulated, can, because of their number, placement, and characteristics, adversely affect property values; aesthetically damage the overall environment; create an unfavorable business climate which hampers attempts to attract and retain desirable commercial and business enterprises; and foster conditions that lessen the enjoyment and desirability of the City of Denton as a place in which to visit, live and work." Staff Finding: The proposed special sign district will regulate signs according to number, size, and height. 14. Complies with the requirements of the ordinance for a special sign district. 7 Staff Finding: All submittal requirements of the Special Sign District have been met. This section of the ordinance allows the Planning and Zoning Commission to recommend and the City Council to impose appropriate conditions concerning the placement, design or use of signs in the district in order to protect surrounding properties, the community, and comply with the intent of the sign ordinance. STAFF RECOMMENDATION: Staff recommends approval of the special sign district SD05-0001. 8 ATTACHMENT 2 Maps NORTH IC-G cft Limits 0 .2 Q W Z IC-E ETJ SITE r r r - r - r r _ r R. r r LOCATION AND ZONING MAP Industrial Center -ply Umdts Nelghbarhood center ETJ SITE 4 -a ft Erlsrmty n+eighbo6oodl lnfill C-parr6rlity 4 rlonf!]A BT) FUTURE LAND USE MAP 9 ATTACHMENT 3 Public Notification 500 ft Notification Limits City Limits mil SITE a Q Scale: None Newspaper Notification Date: May 8, 2005 Percent of land within 200' in opposition: 0% 200' Legal Notices* sent via Certified Mail: 7 500' Courtesy Notices* sent via 1St Class Mail: 30 • In Favor: 0 • Opposed- 0 • Neutral: 1 *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 10 ATTACHMENT 4 Site Photographs II South view along 1-35W North view along 1-35W frontage road frontage road View of Metro Rd and View of the 1-35W frontage road existing out parcel business terminus 11 ,gyp€ o,;t EsogIJ- ZJoq dOLJd U¢ a epuwj!D 8 s~;=$a= o ~ co g N.s J g E s~''so iiOd cZ'J ¢ 4 a s SVX31 'NO1N34 J I,:...e, g "`@sg 1NIOd MINdaJ 0 W" grE a0 ~o ~$esea ~ N u 1~ a a N~ a' M~tpos s~_a 'K• ~ U~ g'`- _ W4 n ogee CC / YNt76r- a 8~. alb oZ ice' V4 ~`Z. i ~ < N LL JW Anif Oj 3 LL%gl a illy ! crZ- o IF I Qom` ~ ~ r ,y 0 f U- a$ l / ~ \ IF 6: 4 _ u; LL 3 f:an 5 ~w \ o Q ~ ~a~\X a E - -TT \ Do ` l~ d 2~ i r ozz _ - c dy ° Q Z, Not W~ 1 0 , w N \ - is F o cn C~ W w cc: r o Qom' ~N~ ~1' r1)f w i` I: r / Wg ~ / FI~ fr V_ ;1 muou.am \ Qt0• - s ~O~N z a V ' ~ s NU ' g 1~lE: 51~1 1.JL k:1~a ~=:I 4z:> 1=1 -A ' a Sj~~~tS62~ GV UWAD Q Z m CL 00 a Il,i 7 W 6 O SVX l 'NO.LN3O 111 Z A .1 1N[Od 31[NVHD L'il d d € _ w z we _ ' IL ~Y IL Li x F~ [7 ~ - Rod" _ u7 u ~ F q 1 ~a a 111 1 g V, U w f ~ I. U . 1 I N 1 4 U - . Oovka ' X11 6° 1 s 7 1-S ~O~-~ 1 1 _ LS 2 F I ~ ~ FN u~' ~ yS ~ ~ D R.- 1o v i ~ m z Rv4, 1 1 _ F .4~. v 3 ~x_x~ F g a?4 r ~'1 ++v11 1~ - :491 {J z~s9+ ~o GY7v T `~~1 g - 'v ~yd 1 alU- y 1$. .1 ~ a4 ~ + + ` 1 Yc IyYJ 1 ~ mjz K 1L] 2 r°v, °'di: uy", vv v] Q `1 njlo ~ m ['7 z ~ ~i ~mv',~w W~." [G k, ~ 1 11 wIN Z~•~ ~ H Fx _ I S Q D 3 ~ 2S~ 2 Tf a ` W ~i ~ ~2t o~ O ~aiw ''l ZO ~ 1, 1 1 .C11 ' g3 'f3 N 2ww~ LLJ 1 11 r e _ 1 + ~1 L moo,. 1~~I m Q -~M~~ oo 2 o0 1 1 I W n 111 r4 fi 1 _ ` 'v ~ I ~ _ ,9 G H `°°m~°a 1'1 , ~ 1 ' I 1 9 2 ~ o Iy❑ - 1\1 1 111-0~4 1 _ -I 1 4 g !0 a~i ywj 2 1/ 1 J ~ a.f` ~'1]y p~ ]1 1 7 ~ ~ ~ ~1 f1 L 1 1 I 1 w~ O tlpJ p r 1~ 1'1~'• 1 1 ~ C '1~ 1 1 1 J 1 I I I ~ ~ 1 11` J 1 n a S ~ .111 1 i - _ - ifUmoo i N 1 1 .r= ❑ ~ v 1 o m z r`jn i u~ 11 1 W HO a a] N 1 1 F~ 7 Y K `~J 1iL1 7O 1~' 1 +wL='1 Z iz Wok W n 1 1$1 .x:. 1911 ern is 503 zi a 1111 1 11 1 a 0'° `L~_ I I f~ r o a o o ~ g IWy 1 1 ~ L -Ni voJ~~ W. ~V ~ L C s~ 1 Y V p VV 1 --1 x Qi y = n S Z _v, l 7 } 1 If e fli imill, - I 7 L1 r: ¢ w ~ I L7mri CC La 11 S ~ ~ i k Ul a~ k LL aE E+ f+~ t=i ~ ~ y f ~i rt /r E 1 ' - ~ ' 1 ~ H all JCL Z < E ' - - i 4( r+_ i - - - - - - LLB MIJ _ z Condenselt"" Page 3 I P ROC E RD I N G S 1 COMMISSIONER STRANGE: Okay. 2 COMMISSIONER STRANGE: Good evening. It's 2 COMMISSIONER ROY: Should we handle these 3 6:30. And we will begin the Planning and Zoning 3 in separate 4 Commission meeting of Wednesday April the 27th, 2005. 4 COMMISSIONER STRANGE: Yeah, if we could 5 For the record, Mts. Holt called in with an excused 5 have two motions, please. 6 absence. 6 COMMISSIONER ROY: Okay. I move that we 7 And we made the introduction before 7 disapprove the final plat of Lots 1-13, Block A of the 8 before she was sworn in, but we also have a new 8 Jamart Addition. 9 Commissioner, and this is her first night as a sworn-in 9 COMMISSIONER WATKINS: Second. 10 member. So I want to introduce to you Mrs. Ernma 10 COMMISSIONER STRANGE: we have a motion by I 1 Guzman-Raman as our newest member of the Planning and 11 Mr. Roy and a second by Mr. Watkins. We'll vote on that 12 Zoning Commission. Welcome and we look forward to your 12 itern. Vote passes 6-0. 13 inputs. 13 Do we have 'a motion on 3B? 14 COMMISSIONER GUZMAN-RAMON: Thank you. 14 COMMISSIONER WATKINS: Motion to approve 15 COMMISSIONER STRANGE: First item on our 15 3B, 16 Agenda, if you would please join us in the Pledge of 16 COMMISSIONER STRANGE: we have a motion. 17 Allegience to the flag. 17 Do we have a second? 18 (Thereupon, the Pledges of Allegiance were 18 COMMISSIONER ROY: Second. 19 recited.) 19 COMMISSIONER STRANGE: we have a motion by 20 COMMISSIONER STRANGE: The next item on our 20 Mr. Watkins and a second by Mr. Roy. Any discussion? If 21 Agenda is to consider the approval of the minutes of our 21 none, please vote. Vote passes 6-0. Thank you. 22 April 13th, 2005 meeting. 22 The next item on our Agenda is the is to 23 COMMISSIONER WATKINS: Motion to approve. 23 make a recommendation to City Council on the alternative 24 COMMISSIONER T141BODEAUX: Second. 24 development plan for proposed warehouse distribution 25 COMMISSIONER STRANGE: we have a motion by 25 office complex on approximately 94.2 acres generally Page 2 Page 4 1 Mr, Watkins and a second by Dr. Thibodeaux. Any 1 located on the southwest corner of Metro Road and D5 2 discussion? Okay, Please, vote. The vote passes 6-0. 2 frontage intersection. And staff, Ms. Viera will make 3 The next item on our Agenda is the 3 that presentation. 4 individual consideration which is a reconsideration of the 4 MS. vIERA: The proposed alternative 5 final plat of Lots 1-13, Block A of the Jamart Addition. 5 development plan is for 94.2 acres located at the 6 And, also, approval of the final plat of Lots 1-12, Block 6 southwest corner of Metro Road and 1-35 frontage road, An 7 A of the Jamart Addition. Ms. Viera. 7 office warehouse and distribution complex is proposed. 8 MS. VIERA: Good evening, Corrunissioners. 8 The applicant is deviating from eight site 9 During the last meeting, Commissioner Strange requested 9 design standards established by the Development Code. 10 the reconsideration of the final plats of Lot 1-13 of the 10 Section 35.12.7.C requires a six foot fence for outside 11 Jamart Addition. Approval March 23rd, 2005. The approved 11 storage. The applicant is proposing a ten foot high fence 12 plat show 13 lots, however, the applicant's intent was to 12 with concrete panels to screen any outdoor storage from 13 only final plat 12 lots at. that time, 13 view, 14 Upon reconsideration the staff is 14 Section 35.13.13.4 requires building 15 reconunending the disapproval of final plat showing Lots 15 facades greater than 100 feet in length to provide changes 16 1-13, Block A of the Jamart Addition and approve the final 16 or articulations on the facade. The applicant is 17 plat of Lots 1-12, Block A of the Jamart Addition. 17 proposing buildings along I-35, which exceeds that 100 18 COMMISSIONER STRANGE: Anyone have any 18 foot length and changes in facade. 19 questions? Is everybody clear on what we're doing? Okay. 19 Section 35.13.13,4 requires loading docks 20 This is not a public hearing, so we will not he hearing 20 not to be accessed and/or visible from any right-of-way. 21 from the applicant; is that correct? 21 The applicant is proposing a ten-foot solid fence to 22 MS. PALUMBO: Yes, that's correct. 22 screen all of the loading docks visible from Metro Road. 23 COMMISSIONER STRANGE: okay. Mr. Roy. 23 Section 35.13.13.8.B requires windows to be trimmed. The 24 COMMISSIONER ROY: I would like to make a 24 applicant is proposing aluminum framing for windows and 25 motion to take this action. I think we're ready for that. 25 doors. PLANNING AND ZONING MINUTES APRIL 27, 2005 Page X - Page 4 Conde 1SCIt' Page 5 Page 7 1 Section 35.13.10.A requires all development 1 COMMISSIONER STRANGE: Okay. 2 to provide adequate stacking distances. The applicant is 2 COMMISSIONER ROY: There's an awful lot on 3 proposing one main entrance along 1-35 frontage road and 3 the table here. And I have several questions but I didn't 4 two secondary entrances along Metro Road. The minimum 4 ask them, thinking we were going to hear from the 5 stacking distance for a primary driveway, it is 80 feet. 5 applicant. 6 For a secondary driveway will be 60. The proposed main 6 COMMISSIONER STRANGE: Okay. Well, I will 7 driveway along I-35 is proposed to have 60 foot stacking 7 point out for the record that we do have two items on the 8 which is 20 foot difference between what is proposed and 8 public hearings portion of our Agenda relating to this 9 what is required. 9 same project. One is on rezoning and the other one is on 10 The other tl= secondary driveways along 10 a special sign district. I I two of them along Metro and one along I-35 provides 11 This is the only item that relates to an 12 stacking distances between 10 and 42 feet. Section 12 Alternative Development Plan. So if we'd like to hear 13 35.13.30.8 requires pervious services for any excess 13 their presentation now, we can sure hear it now unless 14 parking. The applicant's proposing 43 parking spaces in 14 someone has an objection. 15 excess. As a mitigation, the applicant is proposing 32.4 15 COMMISSIONER ROY: I Would like to hear it 16 31.2 acres of flood plain and understory vegetation 16 now. 17 located to the west of the property. 17 COMMISSIONER STRANGE: Okay. I'll tell you 18 Section 35.13.10.C requires parking lots 18 what we might do. In the interest of time and in the 19 visible from the street to be screened by either a fence 19 interest of facilitating this presentation, at the advice 20 or vegetation with one large street for 40 feet of linear 20 of counsel, we might go ahead and put all three of these 23 distance. The applicant is proposing one tree per 50 21 items together at one time, pull the other two items on 22 feet, linear feet. This requirement is in addition to 22 the public hearing back. That way we can discuss all 23 street trees. 23 three items as it relates to this particular development 24 Section 35.13.7.6 requires the planting of 24 at one time. We would then still have three separate 25 street trees along Metro Road. The applicant is not 25 votes, but we can pull all three of the agenda items Page 6 Page 8 1 proposing street trees along Metro Road. Besides, the 1 together for discussion. 2 trees that will be planted to screen the parking from 2 So if that is agreeable with you, we can 3 Metro Road view. The applicant is also proposing the 31.2 3 proceed that way. Okay. 4 acres to be undisturbed for that purpose. 4 MR. CUNNINGHAM: My name is David 5 Staff is reconunending approval with the 5 Cunningham. I'm the Director of Development for Granite 6 conditions as outlined in your backup. The staff would 6 Properties. Since I haven't spoken to this body before, I 7 also like to add an additional condition about fire access 7 might introduce the company. Granite Properties is a 8 road which copies have been provided to you in the manila 8 disciplined real estate development acquisition and 9 folders. And staff is available to answer any questions 9 management firm headquartered in Plano, Texas. We have to that you may have. 10 offices in our headquarters is obviously in Plano, 11 COMMISSIONER STRANGE: Anyone Who has any I I Dallas/Fort Worth office. 12 question of Ms. Viera? You must have done a really good 12 We have a major office in Houston, Atlanta, 13 job. Nobody has a question. Thank you. This is not a 13 Denton and Austin. The company is about a billion dollars 14 public hearing item, but I do know the applicant is here. 14 in net asset value. The properties are made up of 15 Do they have anything they wish to add to the cotmnents 15 primarily office properties. About two-thirds of our 16 that Ms. Viera has already made? 16 portfolio is office properties. The remaining one-third 17 MR. CUNNINGHAM: we were planning on making 17 is a mixture of light industrial office warehousing and 18 a presentation of the project. And we can either do it 18 retail properties, The majority of our portfolio is in 19 now or do it during the public hearing portion. 19 Texas. The sorry. The majority of our portfolio is in 20 COMMISSIONER STRANGE: All right. Okay. 20 Texas and Atlanta is a two-year old office. Denver is a 21 All right. That will be fine. Mr. Roy. 21 fairly new office. 22 COMMISSIONER ROY: I'm not sure I 22 But we expect to have those offices of the 23 understood that. I mean, if we're going to act on this 23 same size as our Dallas/Fort Worth and Houston offices 24 particular item, I would like to hear the whole story 24 very shortly. Granite Properties has embarked on a plan 25 before we act on this. 25 to develop about a seven million square foot portfolio of PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 5 - Page 8 CondenseIt" Page 9 Page 11 1 light office industrial warehousing, office warehousing 1 But we anticipate that the project will 2 products. As a means of developing these projects, we 2 look very much like this. All of these projects are being 3 have determined the type of market that we wish to be in 3 built as institutional grade, tilt wall structural tilt 4 are the are the markets that serve small tenants as 4 wall with structural steel framing. And built-up roof 5 well as burgeoning markets that are that are not 5 systems. When I say institutional grade, I mean, to 6 currently heavily built with industrial product. 6 differentiate that from some of the metal buildings that 7 So in that effort we've identified several 7 have been built in the ET!'s around this area which are 8 markets that we were interested in and the City of Denton 8 not considered institutional grade and not considered to 9 was one of those markets. This journey in Denton started 9 be long-life structures. These are long-life structures 10 really February over a year ago when I first came up here 10 of higher quality which is the type of the investment that 11 and met with Melissa and with Linda, an Economic 11 we wish to make. 12 Development Group in the Chamber of Commerce. 12 The project, like I said, is approximately 13 So we've been working on this project now 13 950,000 feet. This is the master plan. This master plan 14 really since February of last year, we put this land under 14 is only as good as we start. I mean, we feel like this is 15 contract in late August of 2004. And actually put this 15 the plan that we will build out. I can't promise you that 16 original master plan where did it go? This is not my 16 it will exactly look like this, but I can promise that it 17 computer. 17 will be of the same quality and of the same types of 18 COMMISSIONER STRANGE: Maybe we can get 18 features and same types of structures and the same types 19 someone from staff to give you some assistance. 19 of uses. 20 MR. CUNNINGHAM: The project that we're 20 The plan that we would move forward with is 21 proposing tonight is essentially the project that we laid 21 to begin Phase I of this project. I'm backing up. Phase 22 out in our initial meetings with the City in the Fall of 22 1 of this project are the buildings on the right-hand 23 last year. Thank you. The project that we have initially 23 side. There's three buildings. The first one on the 24 proposed is a project between 900,000 and a million square 24 southeast or that would be the northeast corner. The 25 feet would be made up of a number of buildings that's 25 bottom right corner would be the first building we'd built Page 10 Page 12 1 currently planned to be eight buildings as shown on this I with the 100,000 square foot building and the small 30,000 2 plan. 2 square foot building. That small that group of 3 Now, this 92 acre, roughly 92-acre tract, 3 buildings, which is about 300,000 square feet would be our 4 of the 92 acres, about 30, 35 acres that are in the rear 4 first phase. So provided we are approved tonight and then 5 and to the south of the track is either flood plain or of 5 at Council in May, we'll be coming back to staff with a 6 a topo that makes it really not developable so that land 6 set of proper site plan drawings and architectural 7 will be left in its natural condition. It will not be 7 drawings too, to gain a permit to actually file that 8 developed other than we do have to make a couple of 8 individual plat and begin construction of those tlirw 9 stormwater outfalls and a sanitary outfall back to mains 9 buildings. 10 that are in that space. Other than that, the space will 10 These buildings are being built I 1 not be developed. 11 speculatively. And in order to justify the project we 12 The plan for the project as denoted on the 12 worked fairly exhaustively with Economic Development, with 13 site plan is to have a series of buildings that front 35 13 Linda and with other members of staff to help pass a 380 14 which would be and all of these buildings, as you'll 14 Agreement for this site, which as was mentioned earlier 15 see, are of the shallower buildings and the plans are that 15 was passed a month and a half ago. 16 those buildings would be the more likely candidates for 16 As a part of drat 380 Agreement, Granite 17 the smaller tenants that would office and have their signs 17 has responsibilities and obligations to build not less 18 that would face I-35. 18 than 500,000 square feet and we plan, obviously, to build 19 The plan all of the buildings would look 19 more than that. But our obligations are to build not less 20 something like this. Now, this is the preliminary 20 than 500,000 square feet. And we have to build not less 21 architectural rendering. We haven't gotten into fine 21 than 300,000 square feet I believe in a period of three 22 detail architecture. We haven't filed a site plan. We 22 years. So we plan, obviously, to do that very, very 23 haven't filed any of the final documents for permit. So 23 quickly. 24 all of these drawings are subject to some final 24 This overall project will have a net value, 25 fine-tuning from an architectural standpoint. 25 we estimate of approximately 60 to 70 million dollars. PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 9 - Page 12 i CondenseIt7M ! Page 13 Page 15 I That's hard to estimate that at a speculative level i individual basis. 2 because we don't know who the tenants are going to be and 2 So while we do have slightly fewer trees, 3 what their spaces will be fitted up as or what uses those 3 one at 50 feet versus 40 feet. That's just to allow the 4 spaces will actually be. So we can only estimate the 4 canopies to have room to expand. That doesn't mean that 5 value of the project. But it's roughly 60 to 70 million 5 we still wouldn't have shrubbery and lower hedges to 6 dollars based on just the size of the portfolio and the 6 screen the property as one of the options for screening 7 type of the product that it is. 7 the parking lot. 8 Along with in the 380 Agreement, I said 8 In terms some of the other mitigation 9 Granite has obligations to number one, close the land and 9 points, that were mentioned, the higher fences. Fence is 10 then build the project, the City's obligations are that we 10 really a misnomer. These are these are screening walls 11 do have a tax abatement agreement for a period of two 11 that are extensions of the building's elevations. I'll 12 years, 50 percent abatement from the City and we're 12 point to the bottom left-hand corner, These are 13 currently working with the County on an abatement as well 13 structural fences that are, you know, 10 to 12 foot 14 for county taxes. In addition to the abatement of taxes 14 high. And from the exterior look of from the street 15 there's provisions for ad valorem abatement or not ad 15 side, they look like extensions of the building. They 16 valorem, but contents abatements as the tenants come on 16 don't look like a fence. But they are an extension of the 17 board and as they're known and we determine what their 17 building. 18 uses are. Those are on a case-by-case basis. 18 And the purposes for those are to basically 19 In addition to that, the City has an 19 screen truck dock areas, trash dumpster areas and to 20 obligation to fund and build Metro Drive Extension, 20 conceal heavier working areas from the public so that the 21 Currently, Metro Drive is partially built. It's built in 21 public, you know, can't see in, Of course, we are at the 22 a substandard fashion. And the City has an obligation in 22 end of the roadway here. So I think that's I think is 23 that 380 Agreement to widen and build and extend Metro 23 going to be much to do about nothing in terms of public 24 Drive, which gives us our back door exit, if you will. 24 access and visibility. So our main focus is to screen 25 When we build Phase I, we will complete 25 what we see from I-35 so that it presents a nice view to Page 14 Page 16 1 of course, Metro Drive will be built ostensibly according 1 I-35 with nice landscaping in front and a nice view of the 2 to the plan in the 380 Agreement simultaneously with the 2 buildings and make sure that we have as little as possible 3 building of our Phase I project. And they will be 3 visibility into the working parts of the development. 4 building a fire loop main driveway or an interior roadway, 4 Some of the landscape blow-ups that we show 5 if you will, that will complete the loop of this project. 5 are here. I mean, these are just examples but very 6 At that time, we'll be building the water 6 developed examples and these are these are actually the 7 extensions and the sanitary extensions that make it 7 plans that will find themselves into the final site plan 8 work. Some of the conversation that we've had here about 8 when we file for plat approval and for our construction 9 our mitigation points, they're we really have very few 9 permit and we anticipate in July, j 10 mitigation points and the points that we're trying to make 10 In addition to the landscape the I I are to make the project feasible and market standpoint. 11 landscape master plans, that's Phase I. This is a blowup 12 The we are at the end of the road we are at the end 12 of Phase I, the first three buildings, in addition to the 13 of the access road here. So from a traffic standpoint, 13 master plan for landscaping and, of course, and the master 14 the traffic that's going to be generated at in this 14 plan for the buildings themselves, we like to file for a 15 area will be our own traffic that we'll be generating. 15 master plan relative to the signage of the park. 16 So we think some of the issues related to 16 And our plan is like in our other parks is 17 stacking and whatnot are, quite frankly, non-issues 17 to design and have a cohesive set of signage graphics 18 internal to the park. Along with the plan, we're filing a 18 throughout the parks. So that as you come into the park, 19 what we'll call, not only a master plan for the 19 all of the ground signs, all of the directional signs for 20 development, but a master architect or a master 20 getting to different tenants and the directional signs for 21 landscape plan as well, where we would indicate ahead of 21 getting to hack docks, the directional signs to buildings 22 time what we anticipate for all of our landscaping or the 22 that are further back, deeper in the park, all of that 23 majority of our landscaping and then in addition to the 23 signage is consistent and of a high architectural theme so 24 master plan for landscaping, we've done a blowup of the 24 that it the thing that we want to do is we want to have 25 landscaping parameters as they would be developed on an 25 we want to have a business park so that it looks PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 13 - Page 16 i Condenseltt'r"I Page 17 Page 19 1 consistent. And it looks like it's well planned and it's 1 signs will be allowed. The applicant is requesting a 2 well built and it's of high quality. 2 total of a total of 15. Many of those signs will be to 3 And that is the end. Granite Properties is 3 direct internal traffic. Those are the same images that 4 very excited about this project. We feel like this 4 the applicant presented previously. 5 project we've planned this project to build out over 5 I would like to point out that when you add 6 five years. We feel, quite frankly, that the City of 6 all of the square footage of all of those signs, they're 7 Denton needs this project and that there is a demand for 7 at less than what would be allowed under one monument sign 8 this project and we feel quite strongly that we will beat 8 along I-35. The total square footage of those buildings 9 our planned build-out and that this project will be built 9 are at 221 221 square foot versus a permitted ground 10 that much quicker than that. 10 sign that will be up to 300 square feet. 11 We've already generated we've already I 1 Staff has not received any opposition 12 generated significant interest from the marketplace and 12 letter at this point, and staff is recommending approval 13 their and the marketplace is asking for us to quote 13 of the sign district. Staff is available to answer any 14 deals on this site right now. So we intend to hit the 14 questions. 15 ground running on this project and become an active member 15 COMMISSIONER STRANGE: This is a public 16 of the City of Denton. Thank you. If you've got any 16 hearing. Let me just point out, one of the rules of our 17 questions, I'd be happy to answer them now. 17 Planning and Zoning Coumtission, is that anyone in the 18 COMMISSIONER STRANGE: Thank you. What I 18 audience who wishes to speak on any item that is a public 19 might suggest is that we would go ahead and open the 19 hearing item should fill out one of the yellow cards 20 public hearing portion of our meeting now, And let staff 20 that's found in the foyer on the way in, So if you do 21 make their presentations on the public hearing items and 21 want to speak on anything, you will need to fill a card 22 then we could do questions. Is that agreeable? Okay. 22 out and bring it to the front. 23 Thank you for your presentation. 23 Okay. Do we the applicant has made an 24 MS. vIERA: The applicant is also 24 address. Is there anything else that you'd like to add at 25 requesting a zoning change from the existing is-E to an 25 this time? Okay. Does anyone on the Commission have any Page 18 Page 20 1 Industrial Center General. The IC-E zoning district would 1 questions of either the staff or the applicant? Dr. 2 allow the applicant to have the distribution center by 2 Thibodeaux. 3 right. Under the existing zoning, distribution centers 3 MS. ANDERSON: can 1 ask a question without 4 are only allowed with the approval of a specific use 4 filling out one of these? 5 permit. 5 COMMISSIONER STRANGE: we'll let you do 6 As you can see the site is surrounded by 6 that tonight only. You can come ahead and speak and then 7 existing iC-G and Ic-E districts in the area. The site is 7 we'll let you fill the card out and hand it in so we'll 8 identified or is within an industrial center, therefore, 8 have it for a record. If you'll give us your name and 9 the proposed IC-G district will conform with the future 9 address. 10 land use plan. 10 MS. ANDERSON: Mary Anderson. I live on 1 I That is a summary of the differences 11 Oak. I have a question as, what is the sign district 12 between the Ic-E and the Ic-G district. A chart is also 12 that's being changed? Is it the size of the signs, the 13 provided in your backup as a reference. Notifications 13 number of the signs? It's not clear from what I heard 14 were sent. At this point, staff has not received any 14 what he's actually asking for. 15 opposition letter. We have received one letter in favor 15 COMMISSIONER STRANGE: Okay. 16 and one letter neutral. 16 MS. ANDERSON: I mean, it wasn't clear what 17 Those are views of the existing site. The 17 was going on. 18 first one would be along I-35 frontage road. This is a 18 COMMISSIONER STRANGE: okay. If staff will 19 view from Metro Road and some of the existing out parcels. 19 come back and please explain that. 20 This is from the terminus of I-35 frontage road looking to 20 MS. VIERA: The applicant is deviating from 21 the north and this is from the terminus looking south. 21 the maximum number of signs permitted for that site. That 22 Staff is recommending approval of the zoning change 22 site allows up to six signs. The applicant is proposing 23 request. 23 15. That's the only deviation. The applicant meets all 24 Because of the limited street frontage that 24 of the other requirements about height, setbacks and 25 this site has, according to the sign district only six 25 maximum effective area. PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 17 - Page 20 i Condenselt"m Page 21 Page 23 1 COMMISSIONER STRANGE: okay. I standards, and if so, by whom? 2 MS. ANDERSON: Can he change his mind later 2 MS. vIERA: Yes. And it's my understanding 3 and put up 30 signs then if you approve a zoning 3 that as a part of the 380 Agreement, it will be the City's 4 variation? 4 responsibility to make those improvements on Metro Road. 5 COMMISSIONER STRANGE: Staff? 5 COMMISSIONER STRANGE: Mr. Roy. 6 MS. vIERA: The applicant will have to 6 COMMISSIONER ROY: I have some questions 7 abide by the approved detail sign district. Any deviation 7 for the applicant, please. 8 from the signs, they will have to come up before the 8 MR. CUNNINGHAM: Yes, sir. 9 Planning and Zoning Commission, City Council to make those 9 COMMISSIONER ROY: I had an exciting tune 10 amendments. 10 today. I went all of the way down Corbin Road. 11 COMMISSIONER STRANGE: Did you hear that? 11 MR. CUNNINGHAM: You can't get there from 12 MS. ANDERSON: Yes, I did. 12 here. 13 COMMISSIONER STRANGE: Okay, Did that 13 COMMISSIONER ROY: Yeah. That was my 14 answer your question? 14 question. Are you planning any access to Corbin Road? 15 MS. ANDERSON: Yes, it did. 15 MR. CUNNINGHAM: NO, S1r. 16 COMMISSIONER STRANGE: Okay. Mr. Roy. 16 COMMISSIONER ROY: okay. You lalked about 17 COMMISSIONER ROY: I think this question 17 truck docks. What would be the type of trucks that we're 18 that I have my first question is for staff. There's a 18 talking about? Is this going to look something like the 19 reference to the flood plain 31.24 acres of flood plain 19 Wal-Mart type distribution center and trucks? 20 and wooded land. And there seems to be a conunitment here 20 MR. CUNNINGHAM: Yes, sir. 21 that that remains undisturbed. Does it have to remain 21 COMMISSIONER ROY: so we're talking about 22 undisturbed anyway because it is flood plain? 22 big vehicles coming in? 23 Ms. vIERA: There's limited work that they 23 MR. CUNNINGHAM: That's correct, sir. 24 can do in the flood plain beside beyond the flood plain 24 COMMISSIONER ROY: And how would they come 25 theme is like 3 point something acres that they could 25 into this site? Page 22 Page 24 1 develop that is located to the west okay. Right here. I MR. CUNNINGHAM: come in down the access 2 This area right here is outside the flood plain, however, 2 road through the turn-around into the park. 3 the applicant have designated that as an undisturbed area. 3 COMMISSIONER ROY: would you say that 4 COMMISSIONER ROY: And that will remain as 4 again? The turn-around? 5 part of the plat that shows that that will not be 5 MR. CUNNINGHAM: The access road conics in 6 developed, that whole area? 6 I'll just use my pointer. The access road comes in and 7 MS. VIERA: That will be one of the the 7 stops at this point, There's a turn-around. It's built 8 incentive or the mitigation that they provide with the 8 owned by the State. Traffic comes back out the access 9 ADP. if they ever decide to develop that area, then that 9 road and that's currently the way this property is served. 10 will be something that staff will have to reconsider 10 The serve of this property is not going to change because 11 because at one point that was offered as a part of the i l the State Highway Department has no intentions of building 12 mitigation. 12 or allowing anyone to build any additional access roads. 13 COMMISSIONER ROY: Thank you. 13 So as a part of the development, the City 14 COMMISSIONER STRANGE: Anyone else have any 14 has agreed to build Metro Road from here to here to a 15 questions? Dr. Thibodeaux. 15 proper City standard. We are going to be building a 36 16 COMMISSIONER THIBODEAUX: 1 believe this 16 foot wide 36 or 40 foot wide concrete private street, 17 question is for the staff. The Metro Road does not meet 17 if you will, that will come in here, out here and loop the 18 City standards? 18 site, so that access could come in and loop through the 19 MS. ViERA: Currently Metro Road is not 19 site and loop back out. This will take care of Phase I 20 according to City standards. It's partially a City 20 and Phase it access. 21 right-of-way and partially a private right-of-way. 21 When Phase I and this is actually Phase 22 COMMISSIONER THIBODEAUX: Okay. Would it 22 Iv. when Phase it is built this road will be extended 23 need to be brought 23 over. It's another private road. All of the driveways 24 MS. VIERA: Yes. 24 and fire lanes will be looped and connected back to this 25 COMMISSIONER THIBODEAUX: ° to City 25 private road system. PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 21 - Page 24 Condenselt""' Page 25 Page 27 I When Phase III is built, this road will be 1 that I understand those conditions. I don't know that 2 extended. The fire lames and internal streets will be 2 there were any of them that were major issues. " 3 looped and tied back in to the rest of the road system so 3 On the stacking of Metro, we have currently 4 that it's an internal feeding system. The only access 4 30 feet. 5 points are here and here. 5 MR. MCCULLAH: Yes. Kyle McCullah with 6 Corbin Road, I understand is up here. The 6 Hardy McCullah Architects at 12221 Merritt Drive, Dallas, 7 City has indicated that they have a long-term plan to 7 Texas. We have provided on Metro on Metro street of 8 acquire right-of-way and build an extension up to Corbin 8 the main private driveway a 60 foot stacking. "Thirty feet 9 and improve Corbin back to Airport Boulevard. But to the 9 of stacking along Metro, along the private, along the 10 best of my knowledge that's not on the City's current 10 other driveways related to this building, for example, we I I thoroughfare plan. 11 provided 30. The reason okay. 12 COMMISSIONER ROY: so you're saying that 12 MR. CUNNINGHAM: And the last one was, if I 13 once this is fully built out that these heavy trucks are 13 understand this one correctly, paraphrasing, we're 14 going to be coming down into this complex and coming back 14 you're simply saying we have to have an approved fire 15 out on Airport Road basically? 15 access road or driveway prior to going vertical with our 16 MR. CtTNNINGHAM: That's correct. 16 construction. And I don't have a probletn with any of 17 COMMISSIONER ROY: IT continue my 17 these. We intend to every one of these, 18 questioning 18 COMMISSIONER STRANGE: Does anyone else 19 COMMISSIONER STRANGE: Let's why don't 19 have any questions? I have a couple of items I'd like to 20 you address all of your questions if you have them. 20 ask about. One, I had jotted down before you made a very 21 COMMISSIONER ROY: okay. You showed us a 21 emphatic statement about this, so I'll I just want a 22 landscaping plan. There's a better taste on landscaping 22 clarification on this. I assure you've been in 23 plans for things like this on this Commission. I don't 23 conversation with TXDOT. one question I have, if 24 know if you listened to us last week, or last meeting, it 24 ultimately by any stretch of the imagination, that is 25 carne out, I think. But it's, I think, you've shown a plan 25 changed to an access road with access back out on to 35, Page 26 Page 28 1 that is looks pretty good. It's less than what our 1 and we have several issues here related to the fact that 2 standards call for, as I understand staff. But it is an 2 you said this is a dead-end and end of the line. lr it 3 alternative plan. I guess what I'm getting at is that are 3 someday does not become the end of the line, then what are 4 you going to what are the chances you're going to conic 4 your positions in regard to these items that we would 5 back here, you know, six months from now, and say, well, 5 variance tonight? 6 now, I'm not going to do that. 6 So I guess I'm asking have you had in-depth 7 This happened to us recently and it did not 7 conversations with TXDOT about the future of any access 8 go over well. 8 from this? 9 MR. CUNNINGHAM: Understandable. Now, that 9 MR. CUNNINGHAM: The City Staff and we both ii 10 we've filed this alternative landscaping plan, that would to have. In fact, when we originally approached the City in 11 be at your and the City Council's discretion to allow me I 1 August, September of 2004, one of the requirements that we 12 to vary from that. If you didn't, then I'm obligated, if 12 asked the. City to assist us with was to get the access 13 I'm going to build out this development to build that 13 road extended and we offered to participate in the cost of 14 landscaping plan. 14 that access road extension. And we were told that not now 15 Now, we haven't picked every shrub type or 15 or in the foreseeable future would there be an access road 16 tree type or vine type or whatever yet. That certainly 16 even if we did pay for it. So we've been to that movie 17 has to be done. But in terms of the coverage, the tree 17 with the State before, so we assumed that that's going to 18 coverage, the amount of trees, and the areas of shrubbery 18 be their stance until it changes. 19 and whatnot, we're obligated to do it by this Master Plan. 19 COMMISSIONER STRANGE: Okay. Well, like I 20 COMMISSIONER ROY: Thank you. Oh, excuse 20 say, I know there's been discussion with TXDOT On Soule 21 me. One more thing. In the listing or the reconiniendation 21 other areas or some other approaches in that general area 22 by staff for approving or standing behind your proposal, 22 because there is a lot of development going on in that 23 they had a series of conditions. Are you familiar with 23 part of town now. The University of North Texas is 24 those conditions? And are you accepting those conditions? 24 building dormitories that access on to Airport Road. 25 MR. CUNNINGHAM: I t,d like to make sure 25 Presbyterian Hospital has just built a major complex that PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 25 - Page 28 Condenseltrm Page 29 Page 31 1 when you dump out on your West Oak side there, it goes up 1 will be facade changes and there will be awnings for 2 to Airport Road. You're on Airport Road. And there's 2 entrances and whatnot. We whether they're at the exact 3 only one two-lane Airport Road. And I'm just wondering 3 spacing that the current ordinance requires, I think 4 where the magic is in TxDOT's mind as far as what that's 4 that's the issue is that we will have some of that, We 5 going to address before we get some relief to the south, 5 will, obviously have a lot of reveals. The reveals are 6 and I didn't know if you'd raised all of those points with 6 are the lines that you see in the panels that are actually 7 them or if that was in your plan to do that. 7 recessing in the panels and whatnot. 8 But if we're going to grant variances 8 COMMISSIONER STRANGE: I understand that. 9 related to this being dead-end, you know, I'd like to know 9 MR. CUNNINGIIAM: We anticipate that this is 10 that that is as you say, in not the foreseeable future. 10 pretty much what we see. But there will be some changes 11 MR. CUNNINGHAM: Yeah. We've talked to 1 I to that. Keep in nand we're building a speculative office 12 them and that's their that's their position for the 12 building. We haven't we haven't identified one of 13 foreseeable future with no direction to the otherwise. 13 the things we've learned especially with the small tenant 14 So-- 14 buildings which we anticipate these front buildings 15 COMMISSIONER STRANGE: well, we're glad to 15 especially, to have a number of smaller tenants because 16 have you here. I just wanted to make sure that everybody 16 they're not that deep. The buildings are, I believe, 150 17 there is aware of what's going on. You made another 17 feet deep which allows us to do 10 to 12,000 square foot 18 couple of conurents I just want to follow up on. One was 18 tenants as we should desire. 19 related to trees being 50 feet rather than 40 feet, And 19 One of the things that we've learned is 20 that you had a plan to make up the difference with shrubs. 20 that if we predetermine where these entrances are by 21 I couldn't really tell from your landscape plan, are you 21 building too many of these these large poke-outs, that 22 accommodating that in your current plan, or is that 22 we we sort of lock ourself into not doing not being 23 something you plan to do beyond the plan that you have? 23 able to do certain tenants because we we will either 24 MR. CUNNINGHAM: well, we're required, for 24 have not enough entrances or we'll have too many and 25 example, along these building fronts, we're required to 25 they'll just be in the wrong spot. So what we've what Page 30 Page 32 1 have a three-foot fence or a wall or to do it with 1 we've started doing is we've started building our 2 greenery or landscaping. We have the option. Now, we 2 buildings where the end elements, these end elements here 3 have the tree planting requirement which is fine for the 3 are since they're the corers in the main entrance, we 4 vertical trees, but it's not going to do the screening 4 definitely build those, and then we design in methods to 5 that that three foot wall would accomplish for the 5 put in additional entrances with a different with a 6 headlights of cars, essentially is what you're trying to 6 slightly different canopy or whatnot so that we can locate 7 do there. We'll do that with a combination of berming and 7 those as we know the tenants need the space and where they 8 a combination of hedging. And that will be that will 8 show up. 9 find it's way into the master plan or into the landscaping 9 COMMISSIONER STRANGE: I can understand all 10 plans when they get filed for the building permit that we 10 of that, I'm just trying in my mind to get a I l have obviously not filed for yet. I I clarification on what was in our staff backup where it 12 COMMISSIONER STRANGE: okay. And I have 12 reads to me that these could be built in a and like 13 one other question. One of the places here we talk about 13 I've seen in some warehouse districts is a straight 14 building frontages greater than 100 feet in length, you'll 14 running tilt wall building and very much different than 15 have offset jogs or other distinctive changes. And staff 15 what we see up here. And I just want to make sure that 16 says that we are not going to have those. They're not 16 what we're going to vote on is what we're swing and we're 17 real clear about it. It says that you have a two and a 17 not going to drive out there a year from now and see some 18 half inch reveal, which I have a hard time understanding 18 straight running line of tilt wall panels up there. 19 in a tilt wall construction. And the every 19 MR. CUNNINGHAM: That's correct. I can 20 illustration you've showed us of a building there showed 20 absolutely guarantee you standing here tonight that the 21 offsets in the facade of those buildings, 21 first building you see on each end of the building will 22 Are we going to have facade change or are 22 have that element. 23 we not going to have facade change? There we go. To me, 23 COMMISSIONER STRANGE: That answers my 24 there that shows you've got 24 question. Like I say, I had read this earlier, and did 25 MR. CUNNINGHAM: Yes. We will there 25 not really understand the comment that was in our backup. PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 29 - Page 32 i Condenselt"A Page 33 Page 35 1 And then when I saw your rendering, it didn't match with I we will have industrial users, you know, the heavier 2 what the information we were given ahead of time. 2 some of the heavier industrial users. And as we're as 3 MS. CARPENTER: Can I add to that? 3 we build these buildings on a speculative basis versus 4 COMMISSIONER STRANGE: You certainly may. 4 building it as a user, knowing exactly what we're going to 5 MS. CARPENTER: Mr. Chairman, I think also 5 do, we're building on a speculative basis and we have to 6 that in Ms. Viera's staff report under recommendations, 6 be able to address varied needs from the market as the 7 Item No. 5 is intended to add trees and landscaping along 7 market shows up. 8 those long fronting expanses of the facade to where 8 And we anticipate that we will have some of 9 they're longer than what you would normally see, it's 9 those tenants that will be that would fall underneath 10 asking for additional landscaping, 10 that Ic-G category. And we can't go out and represent to . 1 I COMMISSIONER STRANGE: Some softening? 11 the market and we can't lease to the market that we can 12 MS. CARPENTER: Yes. 12 lease a tenant space for use of that nature unless we 13 COMMISSIONER STRANGE: Okay, All right. I 13 already have the zoning. So it's we don't want to be 14 think that gets most of my questions. Mr. Watkins, 14 in here every time we're trying to make a deal trying to 15 COMMISSIONER WATKINS: Thank you, Mr. 15 get a special use permit for that. 16 Chairman. Let's go around to the other side of the 16 That's not practical to build these types 17 building to where the trucks back up. What is your 17 of buildings and have to do that. 18 current construction on I see a loading dock, okay. 18 COMMISSIONER ROY: So you don't plan to 19 Are we talking about flush with the building when the 19 have any hotels or motels there? 20 truck backs up or are we talking about an eight or ten 20 MR. CUNNINGHAM: I don't think we plan to 21 foot that a forklift runs around outside? 21 have any hotels or motels there. 22 MR. CUNNINGHAM: No. The it will all 22 COMMISSIONER ROY: Colleges Or medical 23 of the buildings will be built dock high so the trucks 23 centers or mortuaries then? 24 will back up and unload directly into the building. 24 MR. CUNNINGHAM: I never say never, but 25 COMMISSIONER WATKINS: 48 to 54 inches 25 one would not know. Page 34 Page 36 1 tall? I COMMISSIONER ROY: You were just about to 2 MR. CUNNINGHAM: 48-inch tall dock. 2 say never if we make the zoning change. Okay. Thank you. 3 COMMISSIONER ROY: when the truck pulls 3 MR. CUNNINGHAM: Yes. 4 away and the door is down, anything falls off? 4 COMMISSIONER STRANGE: Are there any other 5 MR. CUNNINGHAM: That's correct. 5 questions of the applicant? Any other questions of staff? 6 COMMISSIONER WATKINS: okay. The other 6 Does anyone else wish to speak although we do not have any 7 question, I noticed there's eight items that apparently we 7 cards? Ms. Viera, do you wish to say something? You do 8 didn't anticipate, one of them being loading dock 8 not have to fill out a card. 9 location. And a while ago, I think Commissioner Roy was 9 Ms. vIERA: Thank you. Just as a point of 10 asking about the staff recommends approval with six or 10 clarification for the ADP, what you will be approving 11 seven different things now. The one that you called off, I 1 tonight is the Attaclunent 5 which shows all of the lot 12 extension of water and sewer line, the six on here is the 12 layouts and also the seven conditions, the six already 13 proposed central driveway along Metro Road. Are you 13 provided in your backup and the additional one that was 14 familiar with those six or seven? 14 provided on the manila folder. 15 MR. CUNNINGHAM: These are the ones we just 15 COMMISSIONER STRANGE: Thank you. I think 16 talked about as mitigation points? 16 to keep this straight, what we would want to do, since we 17 COMMISSIONER WATKINS: Is that the one that 17 have combined one item of an individual consideration 18 he was talking about a while ago? Okay. Thank you very 18 along with two items out of die public hearing.. we will 19 much. 19 take three separate votes here. So if we will first, 20 COMMISSIONER STRANGE,: Mr. Roy. 20 let's draw our attention to the I closed the public 21 COMMISSIONER ROY: Moving over to the 21 hearing. If not, I just did. The public hearing is 22 zoning change, would you state very clearly why you want a 22 closed. I thought I just did that. 23 zoning change, what specific thing you're trying to 23 So we will take these in order. So if we 24 accomplish with a zoning change? 24 can have a motion, then, on the alternative development 25 MR. CUNNINGHAM: Because we anticipate that 25 plan portion first. Mr. Watkins. PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 33 - Page 36 CondenseIti'm Page 37 Page 39 I COMMISSIONER WATKINS: Thank you, Mr. 1 City of Denton and bringing sonic new tax base and 2 Chairman. I would move approval Of ADP-05-0002 to include 2 hopefully, sonic new employers. So we'll be out here 3 the staff recotmnendations on page 7, the six, plus the one 3 working. And if we don't do something that I said we're 4 in the manila folder. 4 going to do, then you can call me and I'll make good by 5 COMMISSIONER STRANGE: okay, We have a 5 it. 6 motion. Do we have a second? 6 COMMISSIONER STRANGE: well, again, we 7 COMMISSIONERTHIBODEAUX: second. 7 welcome you to Denton and if we can work with you in the 8 COMMISSIONER STRANGE: we have a motion by 8 future, we look forward to it. 9 Mr. Watkins and a second by Dr, Thibodeaux. Any 9 MR. CUNNING] ]AM: Thank you. 10 discussion? If not, please vote. Item is approved 6-0. 10 COMMISSIONER STRANGE: Thank you. We Will I 1 Next we would take Item 4A, which is the 11 now go back to our individual considerations. And we will 12 rezoning of approximately 94.2 acres from Industrial 12 be looking at Item 3D, which is the release of Denton's 13 Center Employment [C-E zoning district to a Industrial 13 Extraterritorial Jurisdiction to the City of Krum for the 14 Center General, Ic-G zoning district. Do we have a 14 Aspen Park Development which is a 7.011 acre site 15 motion? 15 generally located on Hopkins Road north of FM 1173. Mr. 16 COMMISSIONER GUZMAN-RAMON: so moved. 16 Waehell. 17 COMMISSIONER STRANGE: we have a motion. 17 MR. WACHELL: Good evening, Conunissioners. 18 Do we have a second? 18 Staff is requesting that the Planning and Zoning 19 COMMISSIONER ROY: second. 19 Commission [wake a recommendation to City Council regarding 20 COMMISSIONER STRANGE: Okay. We have a 20 the release of seven acres of Denton's ETJ to the City of 21 motion by Ms. Cruzman-Ramon. And a second by Mr. Roy. 21 Krum for the Aspen Park Development. The developer of 22 Please vote. Item passes 6-0. 22 Aspen Park has requested utility service from Krum, which 23 And finally, we will have Item 413, the 23 is in Denton's ccN. Krum does have the ability to serve 24 special sign district for the Granite Point Development. 24 the area. The tract of land is 53 of the acres are in 25 The 94.2 acre site is located at the southwest corner of 25 Krum's ETJ and seven acres, the small portion here, are in Page 38 Page 40 1 Metro and I-35 west frontage road intersection. Do we 1 Denton's ETJ, and the entire tract is located within 2 have a motion? Mr. Roy. 2 Denton's CCN boundary. 3 COMMISSIONER ROY: I'd like to make just a 3 The developer has requested that Denton 4 quick comment. I think what we are approving here with 4 release the seven acres of CCN to Krum so that they can 5 this special sign district is similar to what we approved 5 proceed with their development. I would like to point out 6 for the Presbyterian Hospital, a large site which requires 6 that in the information that was presented in the work 7 more insight on site directional signs that what, 7 session, I discussed a couple of proposals that were taken 8 perhaps, our standards had envisioned. 8 to City Council the last of which was a 176 acre net loss 9 So I don't feel that this is a significant 9 of ETJ for the cleaning up of the boundaries between the 10 variation from the intent of our Code. So I move 10 City of Krum and the City of Denton. I 1 approval. I don't know if there is any staff 11 There were a few staff members or a few 12 recommendations. I'm struggling to find that, As there 12 Council members who were reluctant to release that amount 13 are no staff recotrlmendations, I'm move approval of the 13 of ETJ. so at that point staff did request support from 14 special sign district. 14 the Council to move forward on the Aspen Park request so 15 COMMISSIONER STRANGE: I have a motion. Do 15 that they could move forward with their development. 16 we have a second? 16 Staff is recolrunending the release of this portion of die 17 COMMISSIONER WATKINS: Second. 17 ETJ. it is landlocked and has very little potential for 18 COMMISSIONER STRANGE; I have a motion by 18 development for the City of Denton. 19 Mr. Roy, a second by Mr. Watkins. Any discussion? If 19 For utilities, Denton already is the 20 none, please vote. And the vote passes 6-0. 20 wholesale, and wholesale provider of waste water and water 21 So all you gentlemen need to do now is go 21 services for Krtun. Staff feels that relinquishing the 22 to work and sell some property. 22 ccN, which they already have established utility 23 MR. CUNNINGHAM; On behalf of Granite 23 infrastructure and is not detrimental to Denton's future 24 Properties, I'd like to thank you much for supporting US. 24 plans to provide service in that area. 25 We're very excited about being a new neighbor here in the 25 So at this point, I will answer any PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 37 - Page 40 S:IOUR DOCUMENTSTLANNING & ZONINGIOrdinances-Resolutions120051SD05-OOOI.doe ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING AN OVERLAY DISTRICT AND APPROVING A SPECIAL SIGN DISTRICT PLAN ON AN APPROXIMATE 94.2 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF METRO ROAD AND INTERSTATE 35 WEST FRONTAGE ROAD AND LEGALLY DESCRIBED AS TRACTS 42, 43, AND 48 OF THE O. BREWSTER SURVEY AND TRACT 4 OF THE T. DAUGHERTY SUVEY IN THE CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (SD05-0001) WHEREAS, Granite Properties, Inc. has applied for adoption of a Special Sign District which is on file in the City's Planning Department, a copy of which is attached hereto and made a part hereof as Exhibit "A" (the Special Sign District) on approximately 94.2 acres of land particularly described in Exhibit "B" attached hereto and made a part hereof as Exhibit "B" (the "Property") in an Industrial Center Employment (IC-E) zoning district, such real property legally described as Tracts 42, 43, and 48 of the O. Brewster Survey and Tract 4 of the T. Daugherty Survey; and WHEREAS, on April 27, 2005, the Planning and Zoning Commission, after a public hearing, recommended approval of the Special Sign District; and WHEREAS, the City Council finds that the Special Sign District is in compliance with the Subchapter 15 of the Development Code of the Code of Ordinances of the City of Denton, and is consistent with the Denton Plan; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Special Sign District is hereby approved on the Property. SECTION 2. This ordinance shall supercede all requirements of the Sign Ordinance affecting the Property that are in conflict with or addressed by the Special Sign District Plan and the Special Sign District Regulations established by this ordinance. All other provisions of the Sign Ordinance shall remain in full force and effect against the Property. SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY 'a Page 2 ,gyp€ o,;t EsogIJ- ZJoq dOLJd U¢ a epuwj!D 8 s~;=$a= o ~ co g N.s J g E s~''so iiOd cZ'J ¢ 4 a s SVX31 'NO1N34 J I,:...e, g "`@sg 1NIOd MINdaJ 0 W" grE a0 ~o ~$esea ~ N u 1~ a a N~ a' M~tpos s~_a 'K• ~ U~ g'`- _ W4 n ogee CC / YNt76r- a 8~. alb oZ ice' V4 ~`Z. i ~ < N LL JW Anif Oj 3 LL%gl a illy ! crZ- o IF I Qom` ~ ~ r ,y 0 f U- a$ l / ~ \ IF 6: 4 _ u; LL 3 f:an 5 ~w \ o Q ~ ~a~\X a E - -TT \ Do ` l~ d 2~ i r ozz _ - c dy ° Q Z, Not W~ 1 0 , w N \ - is F o cn C~ W w cc: r o Qom' ~N~ ~1' r1)f w i` I: r / Wg ~ / FI~ fr V_ ;1 muou.am \ Qt0• - s ~O~N z a V ' ~ s NU ' g 1~lE: 51~1 1.JL k:1~a ~=:I 4z:> 1=1 -A ' a Sj~~~tS62~ GV UWAD Q Z m CL 00 a Il,i 7 W 6 O SVX l 'NO.LN3O 111 Z A .1 1N[Od 31[NVHD L'il d d € _ w z we _ ' IL ~Y IL Li x F~ [7 ~ - Rod" _ u7 u ~ F q 1 ~a a 111 1 g V, U w f ~ I. U . 1 I N 1 4 U - . Oovka ' X11 6° 1 s 7 1-S ~O~-~ 1 1 _ LS 2 F I ~ ~ FN u~' ~ yS ~ ~ D R.- 1o v i ~ m z Rv4, 1 1 _ F .4~. v 3 ~x_x~ F g a?4 r ~'1 ++v11 1~ - :491 {J z~s9+ ~o GY7v T `~~1 g - 'v ~yd 1 alU- y 1$. .1 ~ a4 ~ + + ` 1 Yc IyYJ 1 ~ mjz K 1L] 2 r°v, °'di: uy", vv v] Q `1 njlo ~ m ['7 z ~ ~i ~mv',~w W~." [G k, ~ 1 11 wIN Z~•~ ~ H Fx _ I S Q D 3 ~ 2S~ 2 Tf a ` W ~i ~ ~2t o~ O ~aiw ''l ZO ~ 1, 1 1 .C11 ' g3 'f3 N 2ww~ LLJ 1 11 r e _ 1 + ~1 L moo,. 1~~I m Q -~M~~ oo 2 o0 1 1 I W n 111 r4 fi 1 _ ` 'v ~ I ~ _ ,9 G H `°°m~°a 1'1 , ~ 1 ' I 1 9 2 ~ o Iy❑ - 1\1 1 111-0~4 1 _ -I 1 4 g !0 a~i ywj 2 1/ 1 J ~ a.f` ~'1]y p~ ]1 1 7 ~ ~ ~ ~1 f1 L 1 1 I 1 w~ O tlpJ p r 1~ 1'1~'• 1 1 ~ C '1~ 1 1 1 J 1 I I I ~ ~ 1 11` J 1 n a S ~ .111 1 i - _ - ifUmoo i N 1 1 .r= ❑ ~ v 1 o m z r`jn i u~ 11 1 W HO a a] N 1 1 F~ 7 Y K `~J 1iL1 7O 1~' 1 +wL='1 Z iz Wok W n 1 1$1 .x:. 1911 ern is 503 zi a 1111 1 11 1 a 0'° `L~_ I I f~ r o a o o ~ g IWy 1 1 ~ L -Ni voJ~~ W. ~V ~ L C s~ 1 Y V p VV 1 --1 x Qi y = n S Z _v, l 7 } 1 If e fli imill, - I 7 L1 r: ¢ w ~ I L7mri CC La 11 S ~ ~ i k Ul a~ k LL aE E+ f+~ t=i ~ ~ y f ~i rt /r E 1 ' - ~ ' 1 ~ H all JCL Z < E ' - - i 4( r+_ i - - - - - - LLB MIJ _ z EXHIBIT B LEGAL DESCRIPTION BEING A 94.168 ACRE TRACT OF LAND LOCATED IN THE O.S. BREWSTER SURVEY, ABSTRACT No. 56, DENTON COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO JAMES F. MASON (TRACT 1) RECORDED IN VOLUME 725, PAGE 365 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, BEING ALL OF A TRACT OF LAND DESCRIBED IN A DEED TO JAMES F. MASON (TRACT 2) RECORDED IN VOLUME 725, PAGE 375, OF THE DEED RECORDS OF DENTON, COUNTY, TEXAS, AND BEING ALL OF A TRACT OF LAND DESCRIBED IN A DEED TO JAMES F. MASON (TRACT 3) RECORDED IN VOLUME 725, PAGE 370 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING AT 1/2" IRON ROD FOUND AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35W (A VARIABLE WIDTH RIGHT-OF-WAY) AND THE SOUTH RIGHT-OF-WAY LINE OF METRO STREET (A 50 FOOT WIDE RIGHT-OF-WAY) AS SHOWN BY THE PLAT RECORDED IN CABINET "A", SLIDE 388 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, BEING THE NORTHEAST CORNER OF SAID MASON TRACT 1; THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF SAID INTERSTATE HIGHWAY 35W AS FOLLOWS: S 20°16'34" W, PASSING A 1/2" IRON ROD FOUND AT 880.97 FEET BEING THE NORTHEAST CORNER OF SAID MASON TRACT 2 AND A SOUTHEAST CORNER OF SAID TRACT 1, CONTINUING IN ALL A DISTANCE OF 1106.20 FEET TO A TxDOT CONCRETE MONUMENT; S 88°40'51" W, 107.75 FEET TO A TxDOT CONCRETE MONUMENT; S 01 010'18" E, 65.51 FEET TO A 1/2" IRON SET WITH A CAP STAMPED "WIER & ASSOC. INC." BEING THE SOUTHEAST CORNER OF SAID MASON TRACT 2; S 01 01018" E, 112.36 FEET TO A 1/2" IRON ROD FOUND; N 88°49'42"E, 69.90 FEET TO A 1/2" IRON ROD FOUND; S 23°10'30"W, AT 133.53 FEET PASSING THE SOUTHEAST CORNER OF SAID MASON TRACT 1 AND THE NORTHEAST CORNER OF SAID TRACT 3, IN ALL A DISTANCE OF 199.84 FEET TO TxDOT CONCRETE MONUMENT AT THE BEGINNING OF A CURVE TO THE RIGHT; SOUTHWESTERLY, 585.62 FEET ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 5569.58 FEET, A CENTRAL ANGLE OF 6001'28", AND A CHORD BEARING OF S 23°18'54"W7 585.35 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." AT THE END OF SAID CURVE TO THE RIGHT; S 26°19'38"W7 358.22 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; S 30°36'58"W7 200.56 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; S 26°19'38"W7 604.02 FEET TO A BROKEN TxDOT CONCRETE MONUMENT BEING THE SOUTHEAST CORNER OF SAID MASON TRACT 3; THENCE ALONG THE SOUTH LINE OF SAID MASON TRACT 3 AS FOLLOWS: S 85°26'18"W7 306.98 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." ; S 57°00'48"W7 62.00 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." ; S 00°22'58"W7 16.00 FEET TO AN "X" CUT FOUND IN A CONCRETE BRIDGE IN CORBIN ROAD, BEING A SOUTH CORNER OF SAID MASON TRACT 3 AND THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO TERRI J. MEADOR RECORDED IN COUNTY CLERK'S DOCUMENT NUMBER 94-0094073 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; THENCE S 89°47'44" W ALONG THE NORTH LINE OF SAID MEADOR TRACT, AND ALONG CORBIN ROAD, AT 439.00 FEET PASSING A 5/8" IRON ROD FOUND, IN ALL A DISTANCE OF 447.55 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC.", BEING THE SOUTHWEST CORNER OF SAID MASON TRACT 3, AND BEING THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO JESSIE HAVENHILL RECORDED IN VOLUME 2775, PAGE 293 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; THENCE ALONG THE WEST LINE OF SAID MASON TRACT AS FOLLOWS: N 00°26'33"E ALONG THE WEST LINE OF SAID MASON TRACT 3, AT 1094.70 FEET PASSING A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." BEING THE NORTHEAST CORNER OF SAID HAVENHILL TRACT, AT 537.39 FEET PASSING A 5/8" SQUARE PIPE FOUND FOR THE NORTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN A DEED TO JAMES A. NORMAN RECORDED IN COUNTY CLERK'S FILE No. 98-0051483 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, IN ALL A DISTANCE OF 1671.25 FEET TO A 1/2" IRON ROD FOUND BEING THE NORTHWEST CORNER OF SAID MASON TRACT 3, AND BEING THE SOUTHWEST CORNER OF SAID TRACT 1; N 00°57'30" E ALONG THE WEST LINE OF SAID MASON TRACT 1, AT 503.67 FEET PASSING A 5/8" SQUARE PIPE FOUND FOR THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO T. KLEIN, JR. AND BETTY K. NORMAN, RECORDED IN VOLUME 2775, PAGE 281 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, IN ALL A DISTANCE OF 1326.60 FEET TO A 1/2" IRON ROD SET FOUND IN THE SOUTH RIGHT-OF- WAY LINE OF METRO STREET, BEING THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO TEXAS INDUSTRIES RECORDED IN COUNTY CLERK'S FILE No. 94-0068137OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; THENCE N 88°33'33" E ALONG THE NORTH LINE OF SAID MASON TRACT 1, THE SOUTH LINE OF SAID TEXAS INDUSTRIES TRACT, 293.61 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; THENCE S 39°32'24" E, 156.63 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; THENCE S 12°49'23" E, 136.65 FEET TO A POINT FOR A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; THENCE N 88°33'33" E, 490.12 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; THENCE N 01 026'27" W, 257.22 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." IN THE NORTH LINE OF SAID MASON TRACT 1; THENCE N 88°33'33" E ALONG THE NORTH LINE OF SAID MASON TRACT 1, 291.02 FEET TO A 1/2" IRON ROD FOUND BEING THE NORTHWEST CORNER OF LOT 1, BLOCK 1, GIGIOLOTTI, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS AS SHOWN BY THE PLAT RECORDED IN CABINET "G", SLIDE 109 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; THENCE S 01 °26'27" E ALONG THE WEST LINE OF SAID LOT 1 AND A EAST LINE OF SAID MASON TRACT 1, 394.00 FEET TO A 1/2" IRON FOUND BEING THE NORTHEAST CORNER OF SAID LOT 1 AND A NORTH CORNER OF SAID MASON TRACT 1; THENCE N 88°33'33" E, ALONG THE SOUTH LINE OF SAID LOT 1 AND A NORTH LINE OF SAID MASON TRACT 1, 280.00 FEET TO A 1/2" IRON ROD FOUND BEING THE SOUTHEAST CORNER OF SAID LOT 1 AND A NORTH CORNER OF SAID MASON TRACT 1; THENCE N 01 026'27" W, ALONG THE EAST LINE OF SAID LOT 1 AND A WEST LINE OF SAID MASON TRACT 1, 394.00 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." BEING THE NORTHEAST CORNER OF SAID LOT 1, BEING A NORTH CORNER OF SAID MASON TRACT 1 AND BEING IN THE SOUTH LINE OF A SAID METRO STREET; THENCE N 88°33'33" E ALONG THE SOUTH LINE OF SAID METRO STREET AND THE NORTH LINE OF SAID MASON TRACT 1, 549.62 FEET TO THE PLACE OF BEGINNING AND CONTAINING 94.168 ACRES OF LAND. AGENDA INFORMATION SHEET AGENDA DATE: May 24, 2005 DEPARTMENT: Planning and Development Department CM/DCM/ACM: Jon Fortune, Assistant City Manager SUBJECT - ADP05-0002: (Granite Point) Consider adoption of an ordinance concerning an Alternative Development Plan for approximately 94.2 acres located in an Industrial Center Employment zoning district. A zoning change for an Industrial Center General (IC-G) designation has been requested in association with this application. The proposed site is generally located at the southwest corner of Metro Road and I-35W intersection. An office/manufacturing/distribution complex is proposed. The Planning and Zoning Commission recommends approval with conditions (6-0). BACKGROUND Applicant: Granite Properties, Inc. Plano, TX The purpose of alternative development plans is to provide a mechanism for those developments that do not meet the site design standards as outlined in the Development Code; but nevertheless, meet or exceed the objectives of the Denton Plan and Development Code. The applicant is proposing to vary from the site design standards concerning outdoor storage, building orientation and materials, minimum stacking distances, excess parking, screening from right-of-way view, and street trees requirements. § 35.12.7.C (Outdoor Storage Requirements) in part states: "Outdoor storage shall comply with the following design criteria in conjunction with any use when the outdoor storage is accessory to the main use: Does not contain views of interior storage over the six-foot fence height within the outdoor storage area. In such circumstances, a buffer will be required in accordance with the provision of section 35.13.8.A. " The applicant is proposing a 10-foot concrete panel fence to screen any outside storage. § 35.13.13.4. A.1 (Building Orientation Requirements) states: "Building frontages greater than 100 feet in length shall have offsets, jogs, or other distinctive changes in the building fa(ade. " The proposed changes in building facade, shown on the partial elevations for proposed buildings along I-35W frontage road, are between 155 and 178 feet apart. The elevations indicate a 21/2-inch reveal; however staff is not sure that this mitigation measure would be sufficient based on the scale of the buildings. 1 § 35.13.13.4. A.7 (Loading Dock Location Requirements) states: "Loading docks are not permitted to be visible from the street, and may not be accessed directly from the street." The applicant is proposing 10-foot concrete panel screening fence to block view of loading docks from Metro Road. § 35.13.13.4.B.1 (Building material Requirements) states: "Windows shall be provided with trim. Windows shall not be flush with exterior wall treatment. Windows shall be provided with an architectural surround at the jamb. " The applicant is proposing ionized aluminum storefront framing for doors and windows. § 35.13.10. A. 1.a (Access Management Requirements) in part states: "All developments shall provide adequate stacking distance for all entrances. " The applicant is proposing a 60-foot stacking distance on their property for the primary driveway along I-35W frontage road, instead of the required 80-foot minimum distance. The applicant is also proposing 10 ft, 30 ft, and 42 ft stacking distances on their property for two proposed secondary driveways along Metro Road and one driveway on I-35W frontage road. The standard for minimum stacking distance for a secondary driveway is 60 ft. § 35.13.10.B.1.d (Excess Parking Requirements) states: "Permeable paving is required for those parking spaces that exceed the number of parking spaces required. " The applicant is proposing 43 parking spaces in excess of City parking standards. In order to lessen the total number of excess parking spaces, the applicant is proposing fewer parking spaces than required for warehouse buildings. Since the proposed warehouse parking reduction does not compensate for the additional parking proposed for the offices, the applicant thus proposes the 43 excess parking spaces. The applicant is keeping 31.24 acres of floodplain and wooded land, located to the west, undisturbed as mitigation for required pervious surfaces. § 35.13.10.C.2.b (Screening at Right-of-Way Requirements) states: "All parking lots, which for purposes of this section, include areas of vehicle maneuvering, parking, and loading, shall be landscaped and screened as follows: Any combination of the following may be used. These requirements are in addition to the street tree requirements: • A 3 -foot high wall made of any combination of wrought iron, masonry, stone or decorative concrete panels. • A minimum 10 foot wide landscape area planted with one large tree for every 40 linear feet. " The applicant is proposing a 10 ft landscape area planted with one large tree for every 50 linear feet instead of the maximum 40 ft of tree separation. The applicant is preserving 31.24 acres of floodplain and wooded land, located to the west, undisturbed as mitigation for required tree canopy. § 35.13.7.C (Street Trees Requirements) in part states: "All development, with the exception of estate style single-family subdivisions shall be required to plant street trees 2 in accordance with the following standards and in accordance to the Site Design Criteria Manual. " The applicant is not required to plant street trees along I-35W frontage road due to conflicts with TxDoT requirements. However, Metro Road would require street trees. The applicant is proposing trees at 50 ft on center for screening parking lots from street view (Refer to previous item). The tree planting for screening parking lots from street view is above and beyond the street trees requirement. The applicant is preserving 31.24 acres of floodplain and wooded land, located to the west, undisturbed as mitigation for required tree canopy. OPTIONS 1. Approve 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval with the following conditions: 1. On-site lighting shall not measure more than one half-foot candle of illumination at the property line. 2. Areas designated for pedestrian use shall provide a minimum of one-foot candle of illumination. 3. Any proposed building must be located at least 100 feet from any existing wellhead at the time of building permit application and must comply with all applicable regulations prescribed by the Fire Code. 4. Outside storage shall not be located along the front or side sides of all buildings with frontage on I-35W. 5. Trees and additional landscaping shall be provided along the long expanses of building facade for all buildings with frontage on I-35W. 6. The proposed central driveway along Metro Road shall provide a minimum of 18 feet of additional stacking distance for a total of 28 feet. 7. Approved fire apparatus access roads shall be provided for every facility, building, or portion of a building hereafter constructed. The fire apparatus access road shall comply with the requirements of the Fire Code and shall extend to within 100 feet of all portions of the facility or any portion of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building or facility as measured by maximum hose distance or an approved route around the exterior of the building. Construction of a building shall not begin until the fire apparatus access road/fire lane had been installed and approved by the Fire Marshal. ESTIMATED PROJECT SCHEDULE The subject property is not platted. A final plat is required prior to the issuance of any building permits. 3 PRIOR ACTION/REVIEW A zoning change (Z05-0004) and a special sign district (SD05-0001) have also been submitted in association with this alternative development plan request. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification Map 4. Photographs 5. Alternative Development Plan 6. April 27, 2005 Planning and Zoning Commission Minutes 7. Ordinance Prepared by: Deborah Viera, AICP Planner II Respectfully submitted: ( ~ Kelly Carpenter, AICP Director of Planning and Development 4 ATTACHMENT 1 Staff Analysis Summary of Alternative Development Plan Request The applicant is requesting an Alternative Development Plan for approximately 94.2 acres. A 100-year floodplain and a heavily wooded tract, located along the western side, cover approximately 31.24 acres of the subject property. The proposed development would include offices and warehousing and distribution facilities; and would be built to suit the requirements of prospect tenants. Therefore, there are numerous aspects of the design that are not finalized at this point. The proposed facilities would be developed in phases. The proposed alternative plan is to deviate from eight Development Code standards, as outlined under the Background section, that according to the applicant do not address the requirements of prospect tenants, do not provide enough flexibility in the design of the plan, or do not correspond to the current industry standards. The proposed development deviates from the following sections: §35.12.7.C Outdoor Storage §35.13.13.4. A.1 Building Orientation §35.13.13.4. A.7 Loading Dock Location §35.13.13.4.B.1 Building materials §35.13.10.A.1.a Access Management §35.13.10.B.1.d Excess Parking §35.13.10.C.2.b Screening at Right-of-Way §35.13.7.C Street Trees Existing Condition of Property Property History. February 20, 2002 - Ordinance 2002-040 placed the subject property in an Industrial Center Employment (IC-E) zoning district. Adjacent zoning and land uses. North: Industrial Center Employment (IC-E) South: Industrial Center General (IC-G) (undeveloped land) East: Neighborhood Residential 2 (NR-2) and Neighborhood Residential 4 (NR-4) (across I-35 West) West: Extra-territorial Jurisdiction (ETJ) 5 Comprehensive Plan Anal The Denton Plan identifies the subject site as an "Industrial Centers" future land use area. Industrial Centers are intended to provide locations for a variety of work processes and work places such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations. The industrial centers may also accommodate complementary and supporting uses such a convenience shopping and child-care centers. Adequate public facilities shall be a criterion by which zoning is granted. Development Code/Zoning Anal The proposed plan shows an existing gas wellhead in close proximity to the proposed Building #8. Staff understands that the final locations of the proposed buildings have not been decided yet. The plan, as shown, does not meet the 100-foot minimum separation prescribed by the Fire Code. Therefore, Building #8 will not be allowed in the location shown. Section 35.13.5 (Alternative Development Plan) states, "An applicant may propose an Alternative Development Plan which meets or exceeds the design objectives of this Subchapter but does not meet the standards of this Subchapter. The Alternative Development Plan provides the option to address the design criteria through a flexible discretionary process." Section 35.13.5.A. (listed below) identifies the criteria for approval of an Alternative Development Plan. 1. Preserve Existing Neighborhoods. The proposed industrial development is located in the midst of existing industrial facilities along Metro Road. 2. Assure quality development that fits in with the character of Denton. The proposed development would be the first large-scale industrial development subject to the design standards of the Development Code. Russell-Newman warehouse development, for which deviations from landscaping and tree canopy standards were requested, was approved. The mitigation proposed by the applicant provides for a higher environmental quality than what would be obtained by meeting the letter of the Code. 3. Focus new development to activity centers to curb strip development and urban sprawl. The Future land Use map identifies the location of the proposed development as an Industrial center. The proposed development would be located where industrial uses are intended to be located according to City's plans. 4. Ensure that infrastructure is capable of accommodating development prior to the development occurring. 6 Extension of water and sewer lines as well as improvement of Metro Road will be required. STAFF FINDINGS 1. The preservation of 31.24 acres of floodplain and wooded areas far exceeds the environmental benefits that pervious surfaces for 43 parking spaces and additional canopy cover along the perimeter of the site could achieve. 2. The applicant is proposing solid ten-foot screening walls to block the view of unsightly outdoor storage and loading dock areas along Metro Road for mitigation purposes. 3. The partial building elevation for the building with I-35W frontage indicate a 2'/2 inch reveal; however staff is not sure that this mitigation measure would be sufficient based on the scale of the buildings. 4. The proposed central driveway along Metro Road do not provide sufficient stacking distance and creates potential safety problems for vehicular (trucks and automobiles) traffic. STAFF RECOMMENDATION Staff recommends approval of ADP05-0002 with the following conditions: 1. On-site lighting shall not measure more than one half-foot candle of illumination at the property line. 2. Areas designated for pedestrian use shall provide a minimum of one-foot candle of illumination. 3. Any proposed building must be located at least 100 feet apart from any existing wellhead on-site and must comply with all applicable regulations prescribed by the Fire Code. 4. Outside storage shall not be located along the front or side sides of all buildings with frontage on I-35W. 5. Trees and additional landscaping shall be provided along the long expanses of building facade for all buildings with frontage on I-35W. 6. The proposed central driveway along Metro Road shall provide a minimum of 18 feet of additional stacking distance for a total of 28 feet. 7. Approved fire apparatus access roads shall be provided for every facility, building, or portion of a building hereafter constructed. The fire apparatus access road shall comply with the requirements of the Fire Code and shall extend to within 100 feet of all portions of the facility or any portion of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building or facility as measured by maximum hose distance or an approved route around the exterior of the building. Construction of a building shall not begin until the fire apparatus access road/fire lane had been installed and approved by the Fire Marshal. 7 ATTACHMENT 2 Maps NORTH IC-G cft Limits 0 .2 Q W Z IC-E ETJ SITE r r r - r - r r _ r R. r r LOCATION AND ZONING MAP Industrial Center -ply Umdts Nelghbarhood center ETJ SITE 4 -a ft Erlsrmty n+eighbo6oodl lnfill C-parr6rlity 4 rlonf!]A BT) FUTURE LAND USE MAP 8 ATTACHMENT 3 Public Notification 500 ft Notification Limits City Limits mil SITE a Q Scale: None Newspaper Notification Date: April 17, 2005 Percent of land within 200' in opposition: 0% 200' Legal Notices* sent via Certified Mail: 7 500' Courtesy Notices* sent via 1St Class Mail: 30 • In Favor: 0 • Opposed- 0 • Neutral: 0 *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 9 ATTACHMENT 4 Site Photographs II ..FJ 'I~pH South view along 1-35W North view along I-35W frontage road frontage road View of the 1-35W frontage road View of Metro Rd and terminus existing out parcel business 10 g$~~F~§a# s73 1ikA 73 cA C> a< o Q n {has ;3 d0~ L~ LU a i aid ' ~L _ID~ .v-are 2~. r _ ; - {{III Cpl ~ , C• ~r `'i. AYLi '.OAA' '.~„-il ~1' >1 ' r~' 1r C>O low ~ Ivy. 13 h e r~ ! ;r2 a ti l a7mi~g 9 9s 80$ 8$E k'~ 4 1 's ~ ` ,5c5.k s s~ fl. - '~-'r yy 3 F. yy de C$Fa'_ _ y 1 . . ` ap oo ~qg ~ c 5 s •-.rte ~ " t-"~ ~ { .o-a.. .-rai- x a 5.565 ~ ~ 3- 131 000 15 ~IQIJ ~i s Ajig NGp U r1 c.y'~` c1 C. it W CC L~s 1 Y-.OT'.Sh p e . 7_1 W K + ~ E2. r' ter, C_ +Q ~qa sa y1 f ¢ » 5 2, C5 wo L v, m iii N rn i r~ 55 u d^ ` co.m C ~ ~ ~f I ~~a_65 22~s oat ae~a'~_ L J :.0-.92. .00; a AI ~ ~ - ~ ~ w.~:~• r€€~ Fiji mk& Ax~ e~y~re r 55 4 ~j !N-m 'q if• ~ ~REO ka~s4~~f 7th ~~~s Yt ~ ~ Y~ ~ I I: I°I Ott N6V J b. R INFO Maw! ~ ~ i l Q r •Q ~ R a ~ a~* ~ . rf ~ , ~~F o ~6 0o a ~ r e 4 Fa .x 406. LL o / * • ~ ~ ~ ~ a at r 0 31 ■I Q/r=i 1 S b°° x: o W~ ~o Ld V W w .09'9441 3.OE.L . s mWp H O ~p~ W ~'Wj C7 W ` I ■ F a7ys~~aW~~s~~ ~ r ~ ¢V~ Ell MUN II r R~Y~7LL LL LL° LL° °an^~ LLn _ WLLMry h q1% nW ,nLL R~~ wj o a m w o a m o a ° a~ m ~'F w o o - ~0 0 0 ~ ~ C 6, ■ 0 i~ wl"z LLm~It zz =°LL~ y ~ ?mod ?~dww o~d oojww N~= .tgb Ir zzyg S S°oz ~ S°oz °w q o~a=~ !rk °~6+Oq g Sao ~~°N 0_ Fa w M O O O a z zo ;Ohl I U J z- =w ww w w I My m - LE II ~ ~ ~ IC ~ ~ J O.JY~ m ~ ~ NF 4RP let.. 1 I W l . y 4 x Il91 3. . I~~ ~ Jr ~g5 s 1 r i F:JIM I s° e c u 40$ ! 8 1 11i~L &11 ~g e m ° ~IRn ]I ~!s V V y R - R 12 a u ~ w a I r m jJ ILHx On milt a 0~3~ Dig E r w 4 ■e° Ici J~ ~ _Ell MUN R~Y~7LL ~a ■ J a 12 ■ ~ m 1 ® 8 I d~cq~' ifs I I F~ ~ R mm ~ ~ o ~GG~S,d~~,d g a p 4~ A A 10 I~ Wawa p~ J f~ b u .~o n ~ a1 ~ ~ F V i Yw x ~ O JaQ 1rio 0■~L~7LL F z o :lz g; p+ Aw~az ~ - O 9o I 1-i ag M w ~~a a g. MI~ P. weFw,'E-k sm.11 off: ON O ~oU~ g`ro _ I. Vig t; r ~MMl ~i F °Ay~ z w~o~c°~a~ w _ P. P4 7 4i 7 ER f x c3 gZVE, ell J~ - _ i. ~ _ x y 3 > 03 ~a 7 X24 ~ O o ry N - N - N - N - N - i(l °w - 0W m ~w m ~w - 0w m OVF ~ OVF m OVF d' OVF ~ OVA jaw J r jaw o J r jaLL- m J r jaLL- J r jaw m J r - . o aww U. aww C; awa 0 aww m aww w°o Fwo _ mo .n F-wo wmo F"!O co wmo o Fwo 1°o o FWO r- dNN r 0- O dNN N O¢Z N dNN O¢Z 7 dNN O¢Z N dNm O¢Z N f Fa f Fa E Fa Fa N Fa m K w Y N - ° - ° - ° ° m r w r - w r - w r ¢ - w r m Nwa d m NW6. NWd [O NW d N NW2 Q M O W O a N O W O \ a - O w o \ a o w n \ a N O W O \ O d¢z O d¢z (O d¢z r~ d¢z M omzz N w O OFa w O OFQ W O OFa W d OFQ W O a ¢ U M ¢ U ¢ U ¢ V ¢ V a m a ~ a ~ - w w w w w N v V N N N ~owx =wa a owe m zWI owe \ =wa owe ?wa owe } m J>~ N FWO \ J> o F-WO J>-- I+ai F.WO \ J>- m f.WO \ J>- p Fwp m O m W~ V O O N W V O W V O W V m O w F V N m a W m Q a wU' wN 8 JO F F r F Mo¢ rw ¢ rw 2 w ¢ x r w 2F02 1 o W raw a _LLw XOw O Ww¢ \ a XpW O Ww¢ XoW O Wa¢ Xow C) Wa¢ x w K X. ❑ y J> m WO- O ❑ aJ> dl WO- O J> m WO- o aJ> m WO- O aJ> m WO- O a ¢z~ ¢z~ J Z Na M o Fad N z M O Fad N O Fad N O Fad N E O Fad N a Op0 U U¢ V U¢ U U¢ V U~ U U¢ U'¢U'JOJw J yLLy w F N F F F W ~~NF W p W O U) W ❑ W p ❑ W 02 "F~ w ❑ z NFL w ❑ dF~ w ❑ NFL w ❑ zF~ w p zx\ aaw a zz\ aaw zz\ aaw zz\ aaw W o~N m aaQw oN ~m-W n V Wj V N 'V-' W M V Wj ~V-' W M UW j p wo. m UW~ ~wW M V W> 80 a N¢ N -W- N¢ m -w- N¢ -w. N¢ = 2¢ \ N¢ N O ~w mmo \ zap 0 m'zo \ zap mxo \ zap mxp \ za°s m o _ zap o w W F - a s c~ - a s - - a s F - a J a s way3 J N II N - N - N J 11 aNhZ m - W Q20 F pw QMVF ❑°w Q2NF ow Q20 F o°w WM Ilwm ozx ¢ SJZx ¢ mIzx ¢ =~?x ¢ >xxo? Mam d z°o a x°~-' .~a° 2 mai V° x uw x a-s o o o m oo 1 o za z W o~ I z W za W aaO m< o o mm m w F ° a o F Q jo - 3 mo °m a°❑ a > and e on } mo So N p mN m ❑ a F N w N a w N a w mm I? azw 4 O y 0 N Q U z❑ Q U z c ~ U Y p ~ U Y p N F B s¢j - s¢j m o¢> m a s¢j a s¢> M g ao Q- zao w- n zao 0 0 a- zad d a- zao a_ m za iaa n c~-o iaa zl- ia W M ia~ iaa u v a~ o <n a~ a <n aw a~ N wo 0 0 v ~ d N ❑ F w ~ d m O O W ~ m W ~ d ❑ W ~ N ❑ Z ~ dm adw a H °N m a'~w ON awwO oN m aww v a~'w a J.., m Uz¢ V J... VZ¢ Uz¢ U a <n pQ~ - p O~~ m p~j m (n O~~ m (n O~7 M p a Zao W zao zao zao zao W O a_ ia¢ ❑ a_ iaw¢ a_ ia¢w a_ iaw¢ a_ iaw¢ ❑ ~ r ~N o r ~N umi ~N m ~N = v r - aQ a~ ~r, aw¢ co aw¢ aW¢ m Q 'o FQ m In !i FQ N Nw FQ rNn Ow FQ m Ow FQ M Ow li W¢ m O d- 2p N O- 2p O- 2p m'" m n d ~0- ad J ao J ad ro ad ad n x x Oz wa Nz as Nz as Nz as Vz as ❑ ?o - ❑ ?o o ?o ❑ ?o ° ?o - W N F¢ W N F¢ W N~¢ W N~¢ W N~¢ dN OSmZ N- W dN =mZ N- ~N OmZ N. ON Omz _ ON dmZ W- W O= W¢ W m p w W ¢ O❑ W¢ W N p w W O❑ W¢ W m° w W O W¢ W O p W W O❑ W¢ W O p V W ¢ Qu~iV ?K Q~ N QNV z~ a~ QDV Zu Q~ ~ QNV a0 QNU d~ N a d a a a ¢ 3❑ ao NO d 3❑ ao 3:0 aS~e o 3❑ ao Nz 3❑ a s vo 0 l¢ Ny W d¢ dy a¢ vU a¢ my a¢ nuwi w z N ~ ~ z N z V z N z N ~ O U O U O U O U O U N N N N N BE-31,3N1 u u u u 5 ~ a [Not a; ~ e B I I • q ~N P I Alf P. Al~ i W jv • 6~ _f II P4 [~y1 i : u w~ LLo ~yr~, I`I .f E I .1 ? Cb ~~`1 ~ i ~ - Q IO~OJ IE ~ i _ 11 i•1 'I I ~ ~ ~d o l 1= ~ n Y J4¢m q w ` F i2. r r - .c y d II 4 0 9Qt~m "11 E LL ~ I at i b. E u u u u 5 ~ a ~ y~ a e B I I •~q~ eft E+ ~ yy • o fl 1. i~ os.,ga N ~ 41gp ' A all } m f ~ ~ J I ~ I RI Cp '1 rr r ~ n I I m I Ir1 ~r I ~ rAr• +'1 I+ , ~ g irr C7 I . i r y ! I YR I 1 I I u r d V ~~~~p~C 11 hjF; V _p FW L7 S/ f ~oF ti !!1111 a Irc; i Nil K-.-7LL yamy~4~dm • M i~ ~a~- Qi~iO xF i■■ 8 WIL J 7~ 7♦ o~ _ gel 77F Ji_6 w • t~q~~9 look" ~ WW~~35g¢_LLW ~ m 1 A ` i - t . y v s - O- . a 7. Fad ~ - y '~~r . . • _7. y ~ Fem. ~ q 11 1. 'Ti AI. ' ° • J d - mm JI ~ H 6953 jS9 ~n a i~rc ~~d S ai r w-a au d om F ~~dq-CIE ~ ift ~,0 ~*rN4J 4F~ e ~G F Ci~ l A ryry - _ti - q ~ d w n~ n w g o _ "-q ~0y Q m N M m M d~ • Y _ . ,a L O i ~ a n x t _ ww 12 a 10 r~ _ ~ y` 'fit Y.'Y i'~ r . ; P - 0 N _ ~o g }WQ o o N igI . W.o 0o 8c5 Z ~r~vn°m M rv w • F W r W W d U ir~a~aia StjQ;~a. E3 73 1-LIA 7:1 -1Qk=1~J ¢ N) ❑ Cc 0 W j L'J n g :i~;?r -g- g 9 W w a lift SVX31 'NOIN30 w ffffffflfffl. 1NIOd 311NV80 tl 1 LIT: .k- r r ! w 4 W ~ Om O m ? ti m y 7 r 7 ' W a ~J w W W ¢ H J! C3 ILL LL N ' y1' F- W C] 1 a" ~ a W ..s :-i J G I a ~ a v -i sE F E i '1 C- f' r ~ j s3 N I I G I - W ' .j' 1 61 Y: ~ . T _ X11 • t ~ ~ e ] - LIJ If FTI 7 !is 2 i. W W {,I E _ f ra 1 -~-1I a` °i ; • rr- I Iii ~ ! - ' ro ~ ~ - ; MIAr' C_ f - '_1 J- Illlil IA _ 7 117" f1 C 1lf17lFfl M 'A.l' - [ .'1 1{l. %Quilll. llrl .1 51 ' 1 'J I 11.1'.-J uaJ ~pN3 gP~h FLT ~ - l i - 2 sp S FYs~~~7S - - ~ n . Y _ \ J I 37L i tit ~ _ ~ 's y -f ()C \ O ✓ I Fd k \ 0 ~ I Ii Y« t r O ~ (DO j _ C) 0 \ .O1r~~. I S <W` O O it z i. I e 0 C) C) fi F 3' i x ~ bbtl y s ~~u~~ r ~AY~F~. . ye ~~t; 9f: a~~~Y~ - e - ~ l - _ ~ i ~ Ci ~ - 1 ~ ~ ~ 1~ ri ~ ~ ~ ~ u„ ' ~ I f ~ i 1 _ r , ~ J , ~ ~ ~ t ~ ~ , ~ ~ , ~ o , ~v _ r - ~ ~1. J~ ~i h. - iii _ ri r~ t l ~ ~ ~ ~ - iJ r i i . ~ ~ , `k: ~ - - 4~ , ` 111 1 ff+ ~ t~. ~7 ~ / 1I 'i HARDY MCCULLAH/MLM ARCHITECTS, INC. April 21, 2005 Ms. Deborah Viera City of Denton 221 North Elm Street Denton, Texas 76201 Re: Denton Granite Point Dear Ms. Viera, Master Plan Mitigation Points 1. Zoning change to IC-G Industrial Center General from IC-E 2. Outside Storage Requirements a. Change Maximum Fence Height to 10' at F.F. of Building from required 6' at grade. The 6' requirement is not adequate for industrial storage. 3. Site Orientation Mitigation Points a. Loading docks have access directly from the street, but screen from ROW. Ordinance stating no direct access allowed is not functional for truck circulation. b. Parking behind building required. Mitigate to allow parking in front of building for autos. Separation of autos and trucks a safety requirement. c. Private drive will not be considered public ROW. This allows dock doors to face drive, d. Phase IV will meet or exceed distance requirements of gas well setbacks. All life safety setbacks will be met or exceeded also. The final plan will reflect the requirements as mentioned. 4. Building Materials Mitigation Point a. Add tiltwall concrete construction with coated texture, standard to industry. 5. Parking Standards Mitigation Points a. Change warehouse spec. to 1/5,000s.f. or one per two employees, whichever is less, from required 1/1,000 which is excessive. Today's industry standard is 1/5,000. b. Remove bicycle parking requirements. Bicycle and truck traffic mix is a safety issue. ~ 12„ I Merit Drive Suite 280 6. Sign Requirements Dallas, TX 75251 a. Sign Development Package per Master Plan. Request above code for site Phone: 972-385-1900 safety for site directional signage. Fax: 972-385-1937 hardy] Cn'airnmil.net 0 Fort worth Office Metro: 817-577-1270 F \W1'DOCS.05\GRANIT[\7085\V12RA4 21L Ms. Deborah Viera Denton Granite Point April 21, 2005 Page 2 7. Landscape Standards Mitigation Points a. Minimum of 7% of total landscaping/parking areas not required in the truckcourt. Landscaping will not survive in the truck court due to truck circulation. b. Private drive will not be considered streetscape per agreement of October 11, 2004. c. Landscaping in the front yard of Service Road and Metro Street under the overhead power lines, we will keep trees under 20'-0". This request was approved at October 11, 2004 meeting. The usable land is limited to the park and any further setback from minimum City requirement makes the project unfeasible. This also reviewed October 11, 2004. 8. Screening at ROW in Addition to Street Tree Requirements Mitigation Points a. Mitigate requirement Y high wall of wrought iron, stone, or decorative concrete panels due to construction economy of product requirement and design conflicts. b. Change to one large tree every 50 linear feet from required one for every 40 linear feet. 50' standard to industrial park industry. The 40' is too close for mature trees. 9. Internal Stacking Mitigation Points a. Primary driveways (private road) 60' maximum from public ROW versus 80' requested for flexibility in design. b. Secondary driveways 30' maximum from public ROW. The 30' setback is related to landscape setback with 2' overhang plus length of the parking stall for total of 30'-0". Landscape islands projecting out will be subject to damage by large trucks, c. No internal stacking required from private drive to allow for flexibility for auto front yard parking. ie., The internal stacking requirement places the parking entries depth and accessibility beyond good site planning efficiencies. Ms. Viera, please call me directly (972.385.1900) with any questions. Sincerely, ARDY MCC IU,L~LAH/MLM ARCHITECTS, INC. W l~ Kyle McCullah ■ F.\WPDOCS 05\GRAN1TE17088W1ERA421 L Condenselt"" Page 3 I P ROC E RD I N G S 1 COMMISSIONER STRANGE: Okay. 2 COMMISSIONER STRANGE: Good evening. It's 2 COMMISSIONER ROY: Should we handle these 3 6:30. And we will begin the Planning and Zoning 3 in separate 4 Commission meeting of Wednesday April the 27th, 2005. 4 COMMISSIONER STRANGE: Yeah, if we could 5 For the record, Mts. Holt called in with an excused 5 have two motions, please. 6 absence. 6 COMMISSIONER ROY: Okay. I move that we 7 And we made the introduction before 7 disapprove the final plat of Lots 1-13, Block A of the 8 before she was sworn in, but we also have a new 8 Jamart Addition. 9 Commissioner, and this is her first night as a sworn-in 9 COMMISSIONER WATKINS: Second. 10 member. So I want to introduce to you Mrs. Ernma 10 COMMISSIONER STRANGE: we have a motion by I 1 Guzman-Raman as our newest member of the Planning and 11 Mr. Roy and a second by Mr. Watkins. We'll vote on that 12 Zoning Commission. Welcome and we look forward to your 12 itern. Vote passes 6-0. 13 inputs. 13 Do we have 'a motion on 3B? 14 COMMISSIONER GUZMAN-RAMON: Thank you. 14 COMMISSIONER WATKINS: Motion to approve 15 COMMISSIONER STRANGE: First item on our 15 3B, 16 Agenda, if you would please join us in the Pledge of 16 COMMISSIONER STRANGE: we have a motion. 17 Allegience to the flag. 17 Do we have a second? 18 (Thereupon, the Pledges of Allegiance were 18 COMMISSIONER ROY: Second. 19 recited.) 19 COMMISSIONER STRANGE: we have a motion by 20 COMMISSIONER STRANGE: The next item on our 20 Mr. Watkins and a second by Mr. Roy. Any discussion? If 21 Agenda is to consider the approval of the minutes of our 21 none, please vote. Vote passes 6-0. Thank you. 22 April 13th, 2005 meeting. 22 The next item on our Agenda is the is to 23 COMMISSIONER WATKINS: Motion to approve. 23 make a recommendation to City Council on the alternative 24 COMMISSIONER T141BODEAUX: Second. 24 development plan for proposed warehouse distribution 25 COMMISSIONER STRANGE: we have a motion by 25 office complex on approximately 94.2 acres generally Page 2 Page 4 1 Mr, Watkins and a second by Dr. Thibodeaux. Any 1 located on the southwest corner of Metro Road and D5 2 discussion? Okay, Please, vote. The vote passes 6-0. 2 frontage intersection. And staff, Ms. Viera will make 3 The next item on our Agenda is the 3 that presentation. 4 individual consideration which is a reconsideration of the 4 MS. vIERA: The proposed alternative 5 final plat of Lots 1-13, Block A of the Jamart Addition. 5 development plan is for 94.2 acres located at the 6 And, also, approval of the final plat of Lots 1-12, Block 6 southwest corner of Metro Road and 1-35 frontage road, An 7 A of the Jamart Addition. Ms. Viera. 7 office warehouse and distribution complex is proposed. 8 MS. VIERA: Good evening, Corrunissioners. 8 The applicant is deviating from eight site 9 During the last meeting, Commissioner Strange requested 9 design standards established by the Development Code. 10 the reconsideration of the final plats of Lot 1-13 of the 10 Section 35.12.7.C requires a six foot fence for outside 11 Jamart Addition. Approval March 23rd, 2005. The approved 11 storage. The applicant is proposing a ten foot high fence 12 plat show 13 lots, however, the applicant's intent was to 12 with concrete panels to screen any outdoor storage from 13 only final plat 12 lots at. that time, 13 view, 14 Upon reconsideration the staff is 14 Section 35.13.13.4 requires building 15 reconunending the disapproval of final plat showing Lots 15 facades greater than 100 feet in length to provide changes 16 1-13, Block A of the Jamart Addition and approve the final 16 or articulations on the facade. The applicant is 17 plat of Lots 1-12, Block A of the Jamart Addition. 17 proposing buildings along I-35, which exceeds that 100 18 COMMISSIONER STRANGE: Anyone have any 18 foot length and changes in facade. 19 questions? Is everybody clear on what we're doing? Okay. 19 Section 35.13.13,4 requires loading docks 20 This is not a public hearing, so we will not he hearing 20 not to be accessed and/or visible from any right-of-way. 21 from the applicant; is that correct? 21 The applicant is proposing a ten-foot solid fence to 22 MS. PALUMBO: Yes, that's correct. 22 screen all of the loading docks visible from Metro Road. 23 COMMISSIONER STRANGE: okay. Mr. Roy. 23 Section 35.13.13.8.B requires windows to be trimmed. The 24 COMMISSIONER ROY: I would like to make a 24 applicant is proposing aluminum framing for windows and 25 motion to take this action. I think we're ready for that. 25 doors. PLANNING AND ZONING MINUTES APRIL 27, 2005 Page X - Page 4 Conde 1SCIt' Page 5 Page 7 1 Section 35.13.10.A requires all development 1 COMMISSIONER STRANGE: Okay. 2 to provide adequate stacking distances. The applicant is 2 COMMISSIONER ROY: There's an awful lot on 3 proposing one main entrance along 1-35 frontage road and 3 the table here. And I have several questions but I didn't 4 two secondary entrances along Metro Road. The minimum 4 ask them, thinking we were going to hear from the 5 stacking distance for a primary driveway, it is 80 feet. 5 applicant. 6 For a secondary driveway will be 60. The proposed main 6 COMMISSIONER STRANGE: Okay. Well, I will 7 driveway along I-35 is proposed to have 60 foot stacking 7 point out for the record that we do have two items on the 8 which is 20 foot difference between what is proposed and 8 public hearings portion of our Agenda relating to this 9 what is required. 9 same project. One is on rezoning and the other one is on 10 The other tl= secondary driveways along 10 a special sign district. I I two of them along Metro and one along I-35 provides 11 This is the only item that relates to an 12 stacking distances between 10 and 42 feet. Section 12 Alternative Development Plan. So if we'd like to hear 13 35.13.30.8 requires pervious services for any excess 13 their presentation now, we can sure hear it now unless 14 parking. The applicant's proposing 43 parking spaces in 14 someone has an objection. 15 excess. As a mitigation, the applicant is proposing 32.4 15 COMMISSIONER ROY: I Would like to hear it 16 31.2 acres of flood plain and understory vegetation 16 now. 17 located to the west of the property. 17 COMMISSIONER STRANGE: Okay. I'll tell you 18 Section 35.13.10.C requires parking lots 18 what we might do. In the interest of time and in the 19 visible from the street to be screened by either a fence 19 interest of facilitating this presentation, at the advice 20 or vegetation with one large street for 40 feet of linear 20 of counsel, we might go ahead and put all three of these 23 distance. The applicant is proposing one tree per 50 21 items together at one time, pull the other two items on 22 feet, linear feet. This requirement is in addition to 22 the public hearing back. That way we can discuss all 23 street trees. 23 three items as it relates to this particular development 24 Section 35.13.7.6 requires the planting of 24 at one time. We would then still have three separate 25 street trees along Metro Road. The applicant is not 25 votes, but we can pull all three of the agenda items Page 6 Page 8 1 proposing street trees along Metro Road. Besides, the 1 together for discussion. 2 trees that will be planted to screen the parking from 2 So if that is agreeable with you, we can 3 Metro Road view. The applicant is also proposing the 31.2 3 proceed that way. Okay. 4 acres to be undisturbed for that purpose. 4 MR. CUNNINGHAM: My name is David 5 Staff is reconunending approval with the 5 Cunningham. I'm the Director of Development for Granite 6 conditions as outlined in your backup. The staff would 6 Properties. Since I haven't spoken to this body before, I 7 also like to add an additional condition about fire access 7 might introduce the company. Granite Properties is a 8 road which copies have been provided to you in the manila 8 disciplined real estate development acquisition and 9 folders. And staff is available to answer any questions 9 management firm headquartered in Plano, Texas. We have to that you may have. 10 offices in our headquarters is obviously in Plano, 11 COMMISSIONER STRANGE: Anyone Who has any I I Dallas/Fort Worth office. 12 question of Ms. Viera? You must have done a really good 12 We have a major office in Houston, Atlanta, 13 job. Nobody has a question. Thank you. This is not a 13 Denton and Austin. The company is about a billion dollars 14 public hearing item, but I do know the applicant is here. 14 in net asset value. The properties are made up of 15 Do they have anything they wish to add to the cotmnents 15 primarily office properties. About two-thirds of our 16 that Ms. Viera has already made? 16 portfolio is office properties. The remaining one-third 17 MR. CUNNINGHAM: we were planning on making 17 is a mixture of light industrial office warehousing and 18 a presentation of the project. And we can either do it 18 retail properties, The majority of our portfolio is in 19 now or do it during the public hearing portion. 19 Texas. The sorry. The majority of our portfolio is in 20 COMMISSIONER STRANGE: All right. Okay. 20 Texas and Atlanta is a two-year old office. Denver is a 21 All right. That will be fine. Mr. Roy. 21 fairly new office. 22 COMMISSIONER ROY: I'm not sure I 22 But we expect to have those offices of the 23 understood that. I mean, if we're going to act on this 23 same size as our Dallas/Fort Worth and Houston offices 24 particular item, I would like to hear the whole story 24 very shortly. Granite Properties has embarked on a plan 25 before we act on this. 25 to develop about a seven million square foot portfolio of PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 5 - Page 8 CondenseIt" Page 9 Page 11 1 light office industrial warehousing, office warehousing 1 But we anticipate that the project will 2 products. As a means of developing these projects, we 2 look very much like this. All of these projects are being 3 have determined the type of market that we wish to be in 3 built as institutional grade, tilt wall structural tilt 4 are the are the markets that serve small tenants as 4 wall with structural steel framing. And built-up roof 5 well as burgeoning markets that are that are not 5 systems. When I say institutional grade, I mean, to 6 currently heavily built with industrial product. 6 differentiate that from some of the metal buildings that 7 So in that effort we've identified several 7 have been built in the ET!'s around this area which are 8 markets that we were interested in and the City of Denton 8 not considered institutional grade and not considered to 9 was one of those markets. This journey in Denton started 9 be long-life structures. These are long-life structures 10 really February over a year ago when I first came up here 10 of higher quality which is the type of the investment that 11 and met with Melissa and with Linda, an Economic 11 we wish to make. 12 Development Group in the Chamber of Commerce. 12 The project, like I said, is approximately 13 So we've been working on this project now 13 950,000 feet. This is the master plan. This master plan 14 really since February of last year, we put this land under 14 is only as good as we start. I mean, we feel like this is 15 contract in late August of 2004. And actually put this 15 the plan that we will build out. I can't promise you that 16 original master plan where did it go? This is not my 16 it will exactly look like this, but I can promise that it 17 computer. 17 will be of the same quality and of the same types of 18 COMMISSIONER STRANGE: Maybe we can get 18 features and same types of structures and the same types 19 someone from staff to give you some assistance. 19 of uses. 20 MR. CUNNINGHAM: The project that we're 20 The plan that we would move forward with is 21 proposing tonight is essentially the project that we laid 21 to begin Phase I of this project. I'm backing up. Phase 22 out in our initial meetings with the City in the Fall of 22 1 of this project are the buildings on the right-hand 23 last year. Thank you. The project that we have initially 23 side. There's three buildings. The first one on the 24 proposed is a project between 900,000 and a million square 24 southeast or that would be the northeast corner. The 25 feet would be made up of a number of buildings that's 25 bottom right corner would be the first building we'd built Page 10 Page 12 1 currently planned to be eight buildings as shown on this I with the 100,000 square foot building and the small 30,000 2 plan. 2 square foot building. That small that group of 3 Now, this 92 acre, roughly 92-acre tract, 3 buildings, which is about 300,000 square feet would be our 4 of the 92 acres, about 30, 35 acres that are in the rear 4 first phase. So provided we are approved tonight and then 5 and to the south of the track is either flood plain or of 5 at Council in May, we'll be coming back to staff with a 6 a topo that makes it really not developable so that land 6 set of proper site plan drawings and architectural 7 will be left in its natural condition. It will not be 7 drawings too, to gain a permit to actually file that 8 developed other than we do have to make a couple of 8 individual plat and begin construction of those tlirw 9 stormwater outfalls and a sanitary outfall back to mains 9 buildings. 10 that are in that space. Other than that, the space will 10 These buildings are being built I 1 not be developed. 11 speculatively. And in order to justify the project we 12 The plan for the project as denoted on the 12 worked fairly exhaustively with Economic Development, with 13 site plan is to have a series of buildings that front 35 13 Linda and with other members of staff to help pass a 380 14 which would be and all of these buildings, as you'll 14 Agreement for this site, which as was mentioned earlier 15 see, are of the shallower buildings and the plans are that 15 was passed a month and a half ago. 16 those buildings would be the more likely candidates for 16 As a part of drat 380 Agreement, Granite 17 the smaller tenants that would office and have their signs 17 has responsibilities and obligations to build not less 18 that would face I-35. 18 than 500,000 square feet and we plan, obviously, to build 19 The plan all of the buildings would look 19 more than that. But our obligations are to build not less 20 something like this. Now, this is the preliminary 20 than 500,000 square feet. And we have to build not less 21 architectural rendering. We haven't gotten into fine 21 than 300,000 square feet I believe in a period of three 22 detail architecture. We haven't filed a site plan. We 22 years. So we plan, obviously, to do that very, very 23 haven't filed any of the final documents for permit. So 23 quickly. 24 all of these drawings are subject to some final 24 This overall project will have a net value, 25 fine-tuning from an architectural standpoint. 25 we estimate of approximately 60 to 70 million dollars. PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 9 - Page 12 i CondenseIt7M ! Page 13 Page 15 I That's hard to estimate that at a speculative level i individual basis. 2 because we don't know who the tenants are going to be and 2 So while we do have slightly fewer trees, 3 what their spaces will be fitted up as or what uses those 3 one at 50 feet versus 40 feet. That's just to allow the 4 spaces will actually be. So we can only estimate the 4 canopies to have room to expand. That doesn't mean that 5 value of the project. But it's roughly 60 to 70 million 5 we still wouldn't have shrubbery and lower hedges to 6 dollars based on just the size of the portfolio and the 6 screen the property as one of the options for screening 7 type of the product that it is. 7 the parking lot. 8 Along with in the 380 Agreement, I said 8 In terms some of the other mitigation 9 Granite has obligations to number one, close the land and 9 points, that were mentioned, the higher fences. Fence is 10 then build the project, the City's obligations are that we 10 really a misnomer. These are these are screening walls 11 do have a tax abatement agreement for a period of two 11 that are extensions of the building's elevations. I'll 12 years, 50 percent abatement from the City and we're 12 point to the bottom left-hand corner, These are 13 currently working with the County on an abatement as well 13 structural fences that are, you know, 10 to 12 foot 14 for county taxes. In addition to the abatement of taxes 14 high. And from the exterior look of from the street 15 there's provisions for ad valorem abatement or not ad 15 side, they look like extensions of the building. They 16 valorem, but contents abatements as the tenants come on 16 don't look like a fence. But they are an extension of the 17 board and as they're known and we determine what their 17 building. 18 uses are. Those are on a case-by-case basis. 18 And the purposes for those are to basically 19 In addition to that, the City has an 19 screen truck dock areas, trash dumpster areas and to 20 obligation to fund and build Metro Drive Extension, 20 conceal heavier working areas from the public so that the 21 Currently, Metro Drive is partially built. It's built in 21 public, you know, can't see in, Of course, we are at the 22 a substandard fashion. And the City has an obligation in 22 end of the roadway here. So I think that's I think is 23 that 380 Agreement to widen and build and extend Metro 23 going to be much to do about nothing in terms of public 24 Drive, which gives us our back door exit, if you will. 24 access and visibility. So our main focus is to screen 25 When we build Phase I, we will complete 25 what we see from I-35 so that it presents a nice view to Page 14 Page 16 1 of course, Metro Drive will be built ostensibly according 1 I-35 with nice landscaping in front and a nice view of the 2 to the plan in the 380 Agreement simultaneously with the 2 buildings and make sure that we have as little as possible 3 building of our Phase I project. And they will be 3 visibility into the working parts of the development. 4 building a fire loop main driveway or an interior roadway, 4 Some of the landscape blow-ups that we show 5 if you will, that will complete the loop of this project. 5 are here. I mean, these are just examples but very 6 At that time, we'll be building the water 6 developed examples and these are these are actually the 7 extensions and the sanitary extensions that make it 7 plans that will find themselves into the final site plan 8 work. Some of the conversation that we've had here about 8 when we file for plat approval and for our construction 9 our mitigation points, they're we really have very few 9 permit and we anticipate in July, j 10 mitigation points and the points that we're trying to make 10 In addition to the landscape the I I are to make the project feasible and market standpoint. 11 landscape master plans, that's Phase I. This is a blowup 12 The we are at the end of the road we are at the end 12 of Phase I, the first three buildings, in addition to the 13 of the access road here. So from a traffic standpoint, 13 master plan for landscaping and, of course, and the master 14 the traffic that's going to be generated at in this 14 plan for the buildings themselves, we like to file for a 15 area will be our own traffic that we'll be generating. 15 master plan relative to the signage of the park. 16 So we think some of the issues related to 16 And our plan is like in our other parks is 17 stacking and whatnot are, quite frankly, non-issues 17 to design and have a cohesive set of signage graphics 18 internal to the park. Along with the plan, we're filing a 18 throughout the parks. So that as you come into the park, 19 what we'll call, not only a master plan for the 19 all of the ground signs, all of the directional signs for 20 development, but a master architect or a master 20 getting to different tenants and the directional signs for 21 landscape plan as well, where we would indicate ahead of 21 getting to hack docks, the directional signs to buildings 22 time what we anticipate for all of our landscaping or the 22 that are further back, deeper in the park, all of that 23 majority of our landscaping and then in addition to the 23 signage is consistent and of a high architectural theme so 24 master plan for landscaping, we've done a blowup of the 24 that it the thing that we want to do is we want to have 25 landscaping parameters as they would be developed on an 25 we want to have a business park so that it looks PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 13 - Page 16 i Condenseltt'r"I Page 17 Page 19 1 consistent. And it looks like it's well planned and it's 1 signs will be allowed. The applicant is requesting a 2 well built and it's of high quality. 2 total of a total of 15. Many of those signs will be to 3 And that is the end. Granite Properties is 3 direct internal traffic. Those are the same images that 4 very excited about this project. We feel like this 4 the applicant presented previously. 5 project we've planned this project to build out over 5 I would like to point out that when you add 6 five years. We feel, quite frankly, that the City of 6 all of the square footage of all of those signs, they're 7 Denton needs this project and that there is a demand for 7 at less than what would be allowed under one monument sign 8 this project and we feel quite strongly that we will beat 8 along I-35. The total square footage of those buildings 9 our planned build-out and that this project will be built 9 are at 221 221 square foot versus a permitted ground 10 that much quicker than that. 10 sign that will be up to 300 square feet. 11 We've already generated we've already I 1 Staff has not received any opposition 12 generated significant interest from the marketplace and 12 letter at this point, and staff is recommending approval 13 their and the marketplace is asking for us to quote 13 of the sign district. Staff is available to answer any 14 deals on this site right now. So we intend to hit the 14 questions. 15 ground running on this project and become an active member 15 COMMISSIONER STRANGE: This is a public 16 of the City of Denton. Thank you. If you've got any 16 hearing. Let me just point out, one of the rules of our 17 questions, I'd be happy to answer them now. 17 Planning and Zoning Coumtission, is that anyone in the 18 COMMISSIONER STRANGE: Thank you. What I 18 audience who wishes to speak on any item that is a public 19 might suggest is that we would go ahead and open the 19 hearing item should fill out one of the yellow cards 20 public hearing portion of our meeting now, And let staff 20 that's found in the foyer on the way in, So if you do 21 make their presentations on the public hearing items and 21 want to speak on anything, you will need to fill a card 22 then we could do questions. Is that agreeable? Okay. 22 out and bring it to the front. 23 Thank you for your presentation. 23 Okay. Do we the applicant has made an 24 MS. vIERA: The applicant is also 24 address. Is there anything else that you'd like to add at 25 requesting a zoning change from the existing is-E to an 25 this time? Okay. Does anyone on the Commission have any Page 18 Page 20 1 Industrial Center General. The IC-E zoning district would 1 questions of either the staff or the applicant? Dr. 2 allow the applicant to have the distribution center by 2 Thibodeaux. 3 right. Under the existing zoning, distribution centers 3 MS. ANDERSON: can 1 ask a question without 4 are only allowed with the approval of a specific use 4 filling out one of these? 5 permit. 5 COMMISSIONER STRANGE: we'll let you do 6 As you can see the site is surrounded by 6 that tonight only. You can come ahead and speak and then 7 existing iC-G and Ic-E districts in the area. The site is 7 we'll let you fill the card out and hand it in so we'll 8 identified or is within an industrial center, therefore, 8 have it for a record. If you'll give us your name and 9 the proposed IC-G district will conform with the future 9 address. 10 land use plan. 10 MS. ANDERSON: Mary Anderson. I live on 1 I That is a summary of the differences 11 Oak. I have a question as, what is the sign district 12 between the Ic-E and the Ic-G district. A chart is also 12 that's being changed? Is it the size of the signs, the 13 provided in your backup as a reference. Notifications 13 number of the signs? It's not clear from what I heard 14 were sent. At this point, staff has not received any 14 what he's actually asking for. 15 opposition letter. We have received one letter in favor 15 COMMISSIONER STRANGE: Okay. 16 and one letter neutral. 16 MS. ANDERSON: I mean, it wasn't clear what 17 Those are views of the existing site. The 17 was going on. 18 first one would be along I-35 frontage road. This is a 18 COMMISSIONER STRANGE: okay. If staff will 19 view from Metro Road and some of the existing out parcels. 19 come back and please explain that. 20 This is from the terminus of I-35 frontage road looking to 20 MS. VIERA: The applicant is deviating from 21 the north and this is from the terminus looking south. 21 the maximum number of signs permitted for that site. That 22 Staff is recommending approval of the zoning change 22 site allows up to six signs. The applicant is proposing 23 request. 23 15. That's the only deviation. The applicant meets all 24 Because of the limited street frontage that 24 of the other requirements about height, setbacks and 25 this site has, according to the sign district only six 25 maximum effective area. PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 17 - Page 20 i Condenselt"m Page 21 Page 23 1 COMMISSIONER STRANGE: okay. I standards, and if so, by whom? 2 MS. ANDERSON: Can he change his mind later 2 MS. vIERA: Yes. And it's my understanding 3 and put up 30 signs then if you approve a zoning 3 that as a part of the 380 Agreement, it will be the City's 4 variation? 4 responsibility to make those improvements on Metro Road. 5 COMMISSIONER STRANGE: Staff? 5 COMMISSIONER STRANGE: Mr. Roy. 6 MS. vIERA: The applicant will have to 6 COMMISSIONER ROY: I have some questions 7 abide by the approved detail sign district. Any deviation 7 for the applicant, please. 8 from the signs, they will have to come up before the 8 MR. CUNNINGHAM: Yes, sir. 9 Planning and Zoning Commission, City Council to make those 9 COMMISSIONER ROY: I had an exciting tune 10 amendments. 10 today. I went all of the way down Corbin Road. 11 COMMISSIONER STRANGE: Did you hear that? 11 MR. CUNNINGHAM: You can't get there from 12 MS. ANDERSON: Yes, I did. 12 here. 13 COMMISSIONER STRANGE: Okay, Did that 13 COMMISSIONER ROY: Yeah. That was my 14 answer your question? 14 question. Are you planning any access to Corbin Road? 15 MS. ANDERSON: Yes, it did. 15 MR. CUNNINGHAM: NO, S1r. 16 COMMISSIONER STRANGE: Okay. Mr. Roy. 16 COMMISSIONER ROY: okay. You lalked about 17 COMMISSIONER ROY: I think this question 17 truck docks. What would be the type of trucks that we're 18 that I have my first question is for staff. There's a 18 talking about? Is this going to look something like the 19 reference to the flood plain 31.24 acres of flood plain 19 Wal-Mart type distribution center and trucks? 20 and wooded land. And there seems to be a conunitment here 20 MR. CUNNINGHAM: Yes, sir. 21 that that remains undisturbed. Does it have to remain 21 COMMISSIONER ROY: so we're talking about 22 undisturbed anyway because it is flood plain? 22 big vehicles coming in? 23 Ms. vIERA: There's limited work that they 23 MR. CUNNINGHAM: That's correct, sir. 24 can do in the flood plain beside beyond the flood plain 24 COMMISSIONER ROY: And how would they come 25 theme is like 3 point something acres that they could 25 into this site? Page 22 Page 24 1 develop that is located to the west okay. Right here. I MR. CUNNINGHAM: come in down the access 2 This area right here is outside the flood plain, however, 2 road through the turn-around into the park. 3 the applicant have designated that as an undisturbed area. 3 COMMISSIONER ROY: would you say that 4 COMMISSIONER ROY: And that will remain as 4 again? The turn-around? 5 part of the plat that shows that that will not be 5 MR. CUNNINGHAM: The access road conics in 6 developed, that whole area? 6 I'll just use my pointer. The access road comes in and 7 MS. VIERA: That will be one of the the 7 stops at this point, There's a turn-around. It's built 8 incentive or the mitigation that they provide with the 8 owned by the State. Traffic comes back out the access 9 ADP. if they ever decide to develop that area, then that 9 road and that's currently the way this property is served. 10 will be something that staff will have to reconsider 10 The serve of this property is not going to change because 11 because at one point that was offered as a part of the i l the State Highway Department has no intentions of building 12 mitigation. 12 or allowing anyone to build any additional access roads. 13 COMMISSIONER ROY: Thank you. 13 So as a part of the development, the City 14 COMMISSIONER STRANGE: Anyone else have any 14 has agreed to build Metro Road from here to here to a 15 questions? Dr. Thibodeaux. 15 proper City standard. We are going to be building a 36 16 COMMISSIONER THIBODEAUX: 1 believe this 16 foot wide 36 or 40 foot wide concrete private street, 17 question is for the staff. The Metro Road does not meet 17 if you will, that will come in here, out here and loop the 18 City standards? 18 site, so that access could come in and loop through the 19 MS. ViERA: Currently Metro Road is not 19 site and loop back out. This will take care of Phase I 20 according to City standards. It's partially a City 20 and Phase it access. 21 right-of-way and partially a private right-of-way. 21 When Phase I and this is actually Phase 22 COMMISSIONER THIBODEAUX: Okay. Would it 22 Iv. when Phase it is built this road will be extended 23 need to be brought 23 over. It's another private road. All of the driveways 24 MS. VIERA: Yes. 24 and fire lanes will be looped and connected back to this 25 COMMISSIONER THIBODEAUX: ° to City 25 private road system. PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 21 - Page 24 Condenselt""' Page 25 Page 27 I When Phase III is built, this road will be 1 that I understand those conditions. I don't know that 2 extended. The fire lames and internal streets will be 2 there were any of them that were major issues. " 3 looped and tied back in to the rest of the road system so 3 On the stacking of Metro, we have currently 4 that it's an internal feeding system. The only access 4 30 feet. 5 points are here and here. 5 MR. MCCULLAH: Yes. Kyle McCullah with 6 Corbin Road, I understand is up here. The 6 Hardy McCullah Architects at 12221 Merritt Drive, Dallas, 7 City has indicated that they have a long-term plan to 7 Texas. We have provided on Metro on Metro street of 8 acquire right-of-way and build an extension up to Corbin 8 the main private driveway a 60 foot stacking. "Thirty feet 9 and improve Corbin back to Airport Boulevard. But to the 9 of stacking along Metro, along the private, along the 10 best of my knowledge that's not on the City's current 10 other driveways related to this building, for example, we I I thoroughfare plan. 11 provided 30. The reason okay. 12 COMMISSIONER ROY: so you're saying that 12 MR. CUNNINGHAM: And the last one was, if I 13 once this is fully built out that these heavy trucks are 13 understand this one correctly, paraphrasing, we're 14 going to be coming down into this complex and coming back 14 you're simply saying we have to have an approved fire 15 out on Airport Road basically? 15 access road or driveway prior to going vertical with our 16 MR. CtTNNINGHAM: That's correct. 16 construction. And I don't have a probletn with any of 17 COMMISSIONER ROY: IT continue my 17 these. We intend to every one of these, 18 questioning 18 COMMISSIONER STRANGE: Does anyone else 19 COMMISSIONER STRANGE: Let's why don't 19 have any questions? I have a couple of items I'd like to 20 you address all of your questions if you have them. 20 ask about. One, I had jotted down before you made a very 21 COMMISSIONER ROY: okay. You showed us a 21 emphatic statement about this, so I'll I just want a 22 landscaping plan. There's a better taste on landscaping 22 clarification on this. I assure you've been in 23 plans for things like this on this Commission. I don't 23 conversation with TXDOT. one question I have, if 24 know if you listened to us last week, or last meeting, it 24 ultimately by any stretch of the imagination, that is 25 carne out, I think. But it's, I think, you've shown a plan 25 changed to an access road with access back out on to 35, Page 26 Page 28 1 that is looks pretty good. It's less than what our 1 and we have several issues here related to the fact that 2 standards call for, as I understand staff. But it is an 2 you said this is a dead-end and end of the line. lr it 3 alternative plan. I guess what I'm getting at is that are 3 someday does not become the end of the line, then what are 4 you going to what are the chances you're going to conic 4 your positions in regard to these items that we would 5 back here, you know, six months from now, and say, well, 5 variance tonight? 6 now, I'm not going to do that. 6 So I guess I'm asking have you had in-depth 7 This happened to us recently and it did not 7 conversations with TXDOT about the future of any access 8 go over well. 8 from this? 9 MR. CUNNINGHAM: Understandable. Now, that 9 MR. CUNNINGHAM: The City Staff and we both ii 10 we've filed this alternative landscaping plan, that would to have. In fact, when we originally approached the City in 11 be at your and the City Council's discretion to allow me I 1 August, September of 2004, one of the requirements that we 12 to vary from that. If you didn't, then I'm obligated, if 12 asked the. City to assist us with was to get the access 13 I'm going to build out this development to build that 13 road extended and we offered to participate in the cost of 14 landscaping plan. 14 that access road extension. And we were told that not now 15 Now, we haven't picked every shrub type or 15 or in the foreseeable future would there be an access road 16 tree type or vine type or whatever yet. That certainly 16 even if we did pay for it. So we've been to that movie 17 has to be done. But in terms of the coverage, the tree 17 with the State before, so we assumed that that's going to 18 coverage, the amount of trees, and the areas of shrubbery 18 be their stance until it changes. 19 and whatnot, we're obligated to do it by this Master Plan. 19 COMMISSIONER STRANGE: Okay. Well, like I 20 COMMISSIONER ROY: Thank you. Oh, excuse 20 say, I know there's been discussion with TXDOT On Soule 21 me. One more thing. In the listing or the reconiniendation 21 other areas or some other approaches in that general area 22 by staff for approving or standing behind your proposal, 22 because there is a lot of development going on in that 23 they had a series of conditions. Are you familiar with 23 part of town now. The University of North Texas is 24 those conditions? And are you accepting those conditions? 24 building dormitories that access on to Airport Road. 25 MR. CUNNINGHAM: I t,d like to make sure 25 Presbyterian Hospital has just built a major complex that PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 25 - Page 28 Condenseltrm Page 29 Page 31 1 when you dump out on your West Oak side there, it goes up 1 will be facade changes and there will be awnings for 2 to Airport Road. You're on Airport Road. And there's 2 entrances and whatnot. We whether they're at the exact 3 only one two-lane Airport Road. And I'm just wondering 3 spacing that the current ordinance requires, I think 4 where the magic is in TxDOT's mind as far as what that's 4 that's the issue is that we will have some of that, We 5 going to address before we get some relief to the south, 5 will, obviously have a lot of reveals. The reveals are 6 and I didn't know if you'd raised all of those points with 6 are the lines that you see in the panels that are actually 7 them or if that was in your plan to do that. 7 recessing in the panels and whatnot. 8 But if we're going to grant variances 8 COMMISSIONER STRANGE: I understand that. 9 related to this being dead-end, you know, I'd like to know 9 MR. CUNNINGIIAM: We anticipate that this is 10 that that is as you say, in not the foreseeable future. 10 pretty much what we see. But there will be some changes 11 MR. CUNNINGHAM: Yeah. We've talked to 1 I to that. Keep in nand we're building a speculative office 12 them and that's their that's their position for the 12 building. We haven't we haven't identified one of 13 foreseeable future with no direction to the otherwise. 13 the things we've learned especially with the small tenant 14 So-- 14 buildings which we anticipate these front buildings 15 COMMISSIONER STRANGE: well, we're glad to 15 especially, to have a number of smaller tenants because 16 have you here. I just wanted to make sure that everybody 16 they're not that deep. The buildings are, I believe, 150 17 there is aware of what's going on. You made another 17 feet deep which allows us to do 10 to 12,000 square foot 18 couple of conurents I just want to follow up on. One was 18 tenants as we should desire. 19 related to trees being 50 feet rather than 40 feet, And 19 One of the things that we've learned is 20 that you had a plan to make up the difference with shrubs. 20 that if we predetermine where these entrances are by 21 I couldn't really tell from your landscape plan, are you 21 building too many of these these large poke-outs, that 22 accommodating that in your current plan, or is that 22 we we sort of lock ourself into not doing not being 23 something you plan to do beyond the plan that you have? 23 able to do certain tenants because we we will either 24 MR. CUNNINGHAM: well, we're required, for 24 have not enough entrances or we'll have too many and 25 example, along these building fronts, we're required to 25 they'll just be in the wrong spot. So what we've what Page 30 Page 32 1 have a three-foot fence or a wall or to do it with 1 we've started doing is we've started building our 2 greenery or landscaping. We have the option. Now, we 2 buildings where the end elements, these end elements here 3 have the tree planting requirement which is fine for the 3 are since they're the corers in the main entrance, we 4 vertical trees, but it's not going to do the screening 4 definitely build those, and then we design in methods to 5 that that three foot wall would accomplish for the 5 put in additional entrances with a different with a 6 headlights of cars, essentially is what you're trying to 6 slightly different canopy or whatnot so that we can locate 7 do there. We'll do that with a combination of berming and 7 those as we know the tenants need the space and where they 8 a combination of hedging. And that will be that will 8 show up. 9 find it's way into the master plan or into the landscaping 9 COMMISSIONER STRANGE: I can understand all 10 plans when they get filed for the building permit that we 10 of that, I'm just trying in my mind to get a I l have obviously not filed for yet. I I clarification on what was in our staff backup where it 12 COMMISSIONER STRANGE: okay. And I have 12 reads to me that these could be built in a and like 13 one other question. One of the places here we talk about 13 I've seen in some warehouse districts is a straight 14 building frontages greater than 100 feet in length, you'll 14 running tilt wall building and very much different than 15 have offset jogs or other distinctive changes. And staff 15 what we see up here. And I just want to make sure that 16 says that we are not going to have those. They're not 16 what we're going to vote on is what we're swing and we're 17 real clear about it. It says that you have a two and a 17 not going to drive out there a year from now and see some 18 half inch reveal, which I have a hard time understanding 18 straight running line of tilt wall panels up there. 19 in a tilt wall construction. And the every 19 MR. CUNNINGHAM: That's correct. I can 20 illustration you've showed us of a building there showed 20 absolutely guarantee you standing here tonight that the 21 offsets in the facade of those buildings, 21 first building you see on each end of the building will 22 Are we going to have facade change or are 22 have that element. 23 we not going to have facade change? There we go. To me, 23 COMMISSIONER STRANGE: That answers my 24 there that shows you've got 24 question. Like I say, I had read this earlier, and did 25 MR. CUNNINGHAM: Yes. We will there 25 not really understand the comment that was in our backup. PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 29 - Page 32 i Condenselt"A Page 33 Page 35 1 And then when I saw your rendering, it didn't match with I we will have industrial users, you know, the heavier 2 what the information we were given ahead of time. 2 some of the heavier industrial users. And as we're as 3 MS. CARPENTER: Can I add to that? 3 we build these buildings on a speculative basis versus 4 COMMISSIONER STRANGE: You certainly may. 4 building it as a user, knowing exactly what we're going to 5 MS. CARPENTER: Mr. Chairman, I think also 5 do, we're building on a speculative basis and we have to 6 that in Ms. Viera's staff report under recommendations, 6 be able to address varied needs from the market as the 7 Item No. 5 is intended to add trees and landscaping along 7 market shows up. 8 those long fronting expanses of the facade to where 8 And we anticipate that we will have some of 9 they're longer than what you would normally see, it's 9 those tenants that will be that would fall underneath 10 asking for additional landscaping, 10 that Ic-G category. And we can't go out and represent to . 1 I COMMISSIONER STRANGE: Some softening? 11 the market and we can't lease to the market that we can 12 MS. CARPENTER: Yes. 12 lease a tenant space for use of that nature unless we 13 COMMISSIONER STRANGE: Okay, All right. I 13 already have the zoning. So it's we don't want to be 14 think that gets most of my questions. Mr. Watkins, 14 in here every time we're trying to make a deal trying to 15 COMMISSIONER WATKINS: Thank you, Mr. 15 get a special use permit for that. 16 Chairman. Let's go around to the other side of the 16 That's not practical to build these types 17 building to where the trucks back up. What is your 17 of buildings and have to do that. 18 current construction on I see a loading dock, okay. 18 COMMISSIONER ROY: So you don't plan to 19 Are we talking about flush with the building when the 19 have any hotels or motels there? 20 truck backs up or are we talking about an eight or ten 20 MR. CUNNINGHAM: I don't think we plan to 21 foot that a forklift runs around outside? 21 have any hotels or motels there. 22 MR. CUNNINGHAM: No. The it will all 22 COMMISSIONER ROY: Colleges Or medical 23 of the buildings will be built dock high so the trucks 23 centers or mortuaries then? 24 will back up and unload directly into the building. 24 MR. CUNNINGHAM: I never say never, but 25 COMMISSIONER WATKINS: 48 to 54 inches 25 one would not know. Page 34 Page 36 1 tall? I COMMISSIONER ROY: You were just about to 2 MR. CUNNINGHAM: 48-inch tall dock. 2 say never if we make the zoning change. Okay. Thank you. 3 COMMISSIONER ROY: when the truck pulls 3 MR. CUNNINGHAM: Yes. 4 away and the door is down, anything falls off? 4 COMMISSIONER STRANGE: Are there any other 5 MR. CUNNINGHAM: That's correct. 5 questions of the applicant? Any other questions of staff? 6 COMMISSIONER WATKINS: okay. The other 6 Does anyone else wish to speak although we do not have any 7 question, I noticed there's eight items that apparently we 7 cards? Ms. Viera, do you wish to say something? You do 8 didn't anticipate, one of them being loading dock 8 not have to fill out a card. 9 location. And a while ago, I think Commissioner Roy was 9 Ms. vIERA: Thank you. Just as a point of 10 asking about the staff recommends approval with six or 10 clarification for the ADP, what you will be approving 11 seven different things now. The one that you called off, I 1 tonight is the Attaclunent 5 which shows all of the lot 12 extension of water and sewer line, the six on here is the 12 layouts and also the seven conditions, the six already 13 proposed central driveway along Metro Road. Are you 13 provided in your backup and the additional one that was 14 familiar with those six or seven? 14 provided on the manila folder. 15 MR. CUNNINGHAM: These are the ones we just 15 COMMISSIONER STRANGE: Thank you. I think 16 talked about as mitigation points? 16 to keep this straight, what we would want to do, since we 17 COMMISSIONER WATKINS: Is that the one that 17 have combined one item of an individual consideration 18 he was talking about a while ago? Okay. Thank you very 18 along with two items out of die public hearing.. we will 19 much. 19 take three separate votes here. So if we will first, 20 COMMISSIONER STRANGE,: Mr. Roy. 20 let's draw our attention to the I closed the public 21 COMMISSIONER ROY: Moving over to the 21 hearing. If not, I just did. The public hearing is 22 zoning change, would you state very clearly why you want a 22 closed. I thought I just did that. 23 zoning change, what specific thing you're trying to 23 So we will take these in order. So if we 24 accomplish with a zoning change? 24 can have a motion, then, on the alternative development 25 MR. CUNNINGHAM: Because we anticipate that 25 plan portion first. Mr. Watkins. PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 33 - Page 36 CondenseIti'm Page 37 Page 39 I COMMISSIONER WATKINS: Thank you, Mr. 1 City of Denton and bringing sonic new tax base and 2 Chairman. I would move approval Of ADP-05-0002 to include 2 hopefully, sonic new employers. So we'll be out here 3 the staff recotmnendations on page 7, the six, plus the one 3 working. And if we don't do something that I said we're 4 in the manila folder. 4 going to do, then you can call me and I'll make good by 5 COMMISSIONER STRANGE: okay, We have a 5 it. 6 motion. Do we have a second? 6 COMMISSIONER STRANGE: well, again, we 7 COMMISSIONERTHIBODEAUX: second. 7 welcome you to Denton and if we can work with you in the 8 COMMISSIONER STRANGE: we have a motion by 8 future, we look forward to it. 9 Mr. Watkins and a second by Dr, Thibodeaux. Any 9 MR. CUNNING] ]AM: Thank you. 10 discussion? If not, please vote. Item is approved 6-0. 10 COMMISSIONER STRANGE: Thank you. We Will I 1 Next we would take Item 4A, which is the 11 now go back to our individual considerations. And we will 12 rezoning of approximately 94.2 acres from Industrial 12 be looking at Item 3D, which is the release of Denton's 13 Center Employment [C-E zoning district to a Industrial 13 Extraterritorial Jurisdiction to the City of Krum for the 14 Center General, Ic-G zoning district. Do we have a 14 Aspen Park Development which is a 7.011 acre site 15 motion? 15 generally located on Hopkins Road north of FM 1173. Mr. 16 COMMISSIONER GUZMAN-RAMON: so moved. 16 Waehell. 17 COMMISSIONER STRANGE: we have a motion. 17 MR. WACHELL: Good evening, Conunissioners. 18 Do we have a second? 18 Staff is requesting that the Planning and Zoning 19 COMMISSIONER ROY: second. 19 Commission [wake a recommendation to City Council regarding 20 COMMISSIONER STRANGE: Okay. We have a 20 the release of seven acres of Denton's ETJ to the City of 21 motion by Ms. Cruzman-Ramon. And a second by Mr. Roy. 21 Krum for the Aspen Park Development. The developer of 22 Please vote. Item passes 6-0. 22 Aspen Park has requested utility service from Krum, which 23 And finally, we will have Item 413, the 23 is in Denton's ccN. Krum does have the ability to serve 24 special sign district for the Granite Point Development. 24 the area. The tract of land is 53 of the acres are in 25 The 94.2 acre site is located at the southwest corner of 25 Krum's ETJ and seven acres, the small portion here, are in Page 38 Page 40 1 Metro and I-35 west frontage road intersection. Do we 1 Denton's ETJ, and the entire tract is located within 2 have a motion? Mr. Roy. 2 Denton's CCN boundary. 3 COMMISSIONER ROY: I'd like to make just a 3 The developer has requested that Denton 4 quick comment. I think what we are approving here with 4 release the seven acres of CCN to Krum so that they can 5 this special sign district is similar to what we approved 5 proceed with their development. I would like to point out 6 for the Presbyterian Hospital, a large site which requires 6 that in the information that was presented in the work 7 more insight on site directional signs that what, 7 session, I discussed a couple of proposals that were taken 8 perhaps, our standards had envisioned. 8 to City Council the last of which was a 176 acre net loss 9 So I don't feel that this is a significant 9 of ETJ for the cleaning up of the boundaries between the 10 variation from the intent of our Code. So I move 10 City of Krum and the City of Denton. I 1 approval. I don't know if there is any staff 11 There were a few staff members or a few 12 recommendations. I'm struggling to find that, As there 12 Council members who were reluctant to release that amount 13 are no staff recotrlmendations, I'm move approval of the 13 of ETJ. so at that point staff did request support from 14 special sign district. 14 the Council to move forward on the Aspen Park request so 15 COMMISSIONER STRANGE: I have a motion. Do 15 that they could move forward with their development. 16 we have a second? 16 Staff is recolrunending the release of this portion of die 17 COMMISSIONER WATKINS: Second. 17 ETJ. it is landlocked and has very little potential for 18 COMMISSIONER STRANGE; I have a motion by 18 development for the City of Denton. 19 Mr. Roy, a second by Mr. Watkins. Any discussion? If 19 For utilities, Denton already is the 20 none, please vote. And the vote passes 6-0. 20 wholesale, and wholesale provider of waste water and water 21 So all you gentlemen need to do now is go 21 services for Krtun. Staff feels that relinquishing the 22 to work and sell some property. 22 ccN, which they already have established utility 23 MR. CUNNINGHAM; On behalf of Granite 23 infrastructure and is not detrimental to Denton's future 24 Properties, I'd like to thank you much for supporting US. 24 plans to provide service in that area. 25 We're very excited about being a new neighbor here in the 25 So at this point, I will answer any PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 37 - Page 40 SA0ur DocumentsTlanning & Zoning)Ordinances-Resolutions120051ADF05-0002.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN FOR APPROXIMATELY 94.2 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF METRO ROAD AND INTERSTATE 35 WEST FRONTAGE ROAD, WITHIN AN INDUSTRIAL CENTER EMPLOYMENT (IC-G) ZONING DISTRICT, AND LEGALLY DESCRIBED AS TRACTS 42,43, AND 48 OF THE 0. BREWSTER SURVEY AND TRACT 4 OF THE T. DAUGHERTY SUVEY 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. (ADP05-0002) WHEREAS, Granite Properties has applied for an alternative development plan which is on file in the City's Planning Department, a copy of which is attached hereto and made a part hereof as Exhibit "A" (the Alternative Development Plan), on approximately 94.2 acres of land particularly described in Exhibit "B" attached hereto and made a part hereof as Exhibit "B" (the "Property") located in a Industrial Center Employment (IC-E) zoning district; and WHEREAS, on April 27, 2005, the Planning and Zoning Commission recommended approval with conditions of an Alternative Development Plan; and WHEREAS, the City Council finds that the Alternative Development Plan is consistent with the Denton Plan 1999-2020 and the Denton Development Code; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein. SECTION 2. The Alternative Development Plan is hereby approved with the following conditions: 1. On-site lighting shall not measure more than one half-foot candle of illumination at the property line. 2. Areas designated for pedestrian use shall provide a minimum of one-foot candle of illumination. 3. Any proposed building must be located at least 100 feet from any existing wellhead at the time of building permit application and must comply with all applicable regulations prescribed by the Fire Code. 4. Outside storage shall not be located along the front or side sides of all buildings with frontage on I-35W. 5. Trees and additional landscaping shall be provided along the long expanses of building fagade for all buildings with frontage on 1-35W. 6. The proposed central driveway along Metro Road shall provide a minimum of 18 feet of additional stacking distance for a total of 28 feet. 7. Approved fire apparatus access roads shall be provided for every facility, building, or portion of a building hereafter constructed. The fire apparatus access road shall complywith the requirements of the Fire Code and shall extend to within 100 feet of all portions of the facility or any portion of the exterior wail of the first story of the building as measured by an approved route around the exterior of the building or facility as measured by maximum hose distance or an approved route around the exterior of the building. Construction of a building shall not begin until the fire apparatus access road/fire lane had been installed and approved by the Fire Marshal. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. 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 s~~ia~d~ad s a epuuj!D z a C s n P SVX31 WO1N30 ZO ~ q ~ 1NIOcl 31INdaJ z $ c ./r' $ .L_ ~ : r ,.f•.~ r.. s.„ors N~ •t Q ¢ ~ T e r~ 3 7{ .E '1 r ~ r h il•s z ~ ~ t d, ~ 't~ - ~ lr t' sue' ~ - I• d0 qII ;R. Jag' W - s. 71- CL a 4°33 i 111 t F g`Q m~ ' 1 a `I~we « 66 - w go of 4 IN 193 t. i1P CL- _ ' Aa ~ ;or, r Y r~ I.ql fill MO I =~g~ cpb all Hal d lop 'S Y Cho .a fig p0 { Q Nil w i~ • #Z Qst=i0 s r 1 O IWO ti v cis wQ V W rs m .D9' 3,oQr -1 ~Lu LL~~ If eA glign I lit ! ~ ~e >f i ! ' k1 ~ ■ ~ LL~ mad, n m= ~ a :qw a z. w~ 4,nfO_ a q~ 4 mod- w lip a lk. e 4 ° S ~t p Aig y`+ • m @ N k trl ~ s 1 '14 L 6 6 J~ 6-iiii u ri 6 Na ti f . o o~ UN I I ONO o i a~ e 9 g l s o e ~wA ~~r W m Aim y° i` qe i ~ :i ~i a g b BE 4W I~ I ~ ~ ~ ~ III I ~inw d a[ y V 0' V 4 s: Q OE4 $~g 9 ~ Z~RCrri ~~~a ~ RAym~ Y' P. qey R',~~ P4 t. yam, CS rz $s P a' p- $"y if $ $ Wig., s~ tiFC c~ ^s & is _ - E t $ S G% DD y -aY M4y fir } e` w btvb 6• V n s u u 6 n .o r^~. n i ,p e L A s ~ e!aft f' q Q~~ N QV ~ mi- 0 Ni OF N7rjH ° pZ N 1~ - V F V - lV t- U IA Q Y M1 ff > - - O - O ~ ° rtl 2 q7 w rn W- 0 a Fa- m V Y H¢¢G q_ IfKapY n OJ~~ wai Jy~ of yW~ O~\~apY °O~ a~iK2 D 4 0\ f~ V U WFU N V~Q - V Q }2¢ O _xZ a w i W 3 W t V x~ V 6 $ 8 Oa ° ~$ao~ o wa'I°a1-3 ~a ° Fa x wYB N MV Z NJO N F. N°D F N °O FW N >:°O~d N g K K ¢ UK J F./$~ N w O W p yW~Wj y~W~ a I. r.~V W O J 6 ~ LL\ L ~ ° R ~ 4 p p daWW¢ n poWQ V NWWVI Ula~3 Vrra) ~W~ ]T ~N n gig W~_m 44W p mgi UR O x ~2¢ \ UWe V y 0~~ ~ H i~ H an 7 N J N 4 a t7 \~A~ ° m' a~ n a M yI CL 91 - x J - 1 -1 IN ya,,1 ~Ky 2a Is.l Sca LU 2u Q I m ¢ O ! NK O v IIC y 0~ h m a= O J" O 1 CD 0 ° Jq fl] 0 J9 Ol 0 -j F q~ H n < D~ n Qa i N mN N(] R } ~N N LLU e~eyy } ~d Q R N ~N R pp N M UU' of N ti VLS-Q _ N Q taiZg ¢ N V g3 ' m 2 pp p _2 s °N m 4~w ~ F° m p w ~O m No 0 Fp~ rci a o {n Fd O yy O J.. UY - JN OI V F Oy 4 OW W U ~ 2 NN Q cn 40W ~ R OI y1 I~I~~ ~K ~ m Va ~q M1 ~ ~ OJa m ~f.T u': D d~ N~ Oa M Io 1 pp~ w FFpp~y $ rr ~ ~ r o o ~ a ~ !8 Z yy pppp yW~ y~33 apd 1- I~,~ ° ~ '}SOV K-. v, N K~ #aU ~ qF K' ¢ V ydj 4F ,W.F aW ~W mg R Q a F Z N ado a~ ~ a a~ o$ p$ N V N u Q O ~ p 'MF N N V ®'Ae3FL k h N `pd W i 44 w s ~ }r b ` tip 'tF Ip ~ ~ I ~p 1< v 3 p WAR 6y Y1 ~ p [l a 11 1E 7li ~ I _ e l aim u a ww ~ Oki! w TIM Egg N i -1 -1 i r Y O u a 5 kip i tam oil, 6 ° x M w •r•r @• ~ ~ ` I t ~W t \ ~ wJ b0 ! J' ~ ~ , I b~ it 0 f Ir ~ 4 m ft ~ i fr f~ 4 ~Y ~ ' f 1 r all e m VON gig gu 1 aN m 1( o ~ ;1 I a m ~ r BW JIM WWI aar ; d ~ .~a°'~ M 4 F qqqq ! ■~OU ppF yp~~Teg$ Yd } _i d~ 5 E a is - I 1, sip . it - I icl PIE O.J n " r +s.m.aiu A pe! to Oil .464 16 49 A ~ r a ivy C 0 4 b °5 °r G . F W c~ x Cb m ~ 4 ~ . -a.. aa` a v w L, s CM, = w c a 2 z i 14 = = a " 3 q~ a vj ~a_~Bmo W am ci tee. N f~ `4 Q W l WWj ' .ll J .i k f~f!~~ S~JI LiHdOl~d O ° Q a III O a QPULJD 1.1 SYX31 'hO1N3C3 1NIOd 31INVUE) 1 ,osar logs E i e 16 O _ e 4 s t i kE a I r 49 I a E iE o- cv iE i $Y 1 ; ~I a E 04Ju ~ I E Ii E .I LL"w :-r"" •1 J i ~°s ems HUI i sue' _ Y HIP RN. H.M 1 i ! a URN. 1 1 f m 0 ! ~ c ~ ~ ~ > ll 19, Pert e~ c~ ~ 1• k i~r ~ -ri f ~ j ~ ~ s 9~ ~ h AQ IL .u.A. iol-u hru~} _ i, N 1 r al ir 3•• e 1T) IN f i ~ I I [ I I ~ E ~ . ! wujtii o 4 a _ 1 1 I ft $ fit u'a'7 'INC ~ ' Y b LL,~ ~ a Y I L a ab Pp 13 z S v f'! 6 ~ u ~ ~ .~'f- ] ~ ~nj! ah'. f II ~i c•, 1 8 cs ~p,d F. ~ S to ~ o c,~ r7 ; ~ I I ` ti 3a : n 1 4+{r,~ [yJ C1n ~ J4q O~ ~ ? U~ U (7 E K CI rG~ bz Pal f?~ ~ ~ c7 ~3 ~ tiJ9 ~1 7. C ) ~j I iA L7 n r 1 S 1 14 ~ ~ ply I iS1 - ~ ~ >y G7 3 F - ~r / l ~ ~ d ~rv~ W y x ° 4 IY G to fx5 4{ i I 1 yak. W I<~ C)' <5-. 1'I i t E^~ ~ - a ~ I 4r ~ d C I , - J - f 3 { y~ k EXHIBIT B LEGAL DESCRIPTION BEING A 94.168 ACRE TRACT OF LAND LOCATED IN THE O.S. BREWSTER SURVEY, ABSTRACT No. 56, DENTON COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO JAMES F. MASON (TRACT 1) RECORDED IN VOLUME 725, PAGE 365 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, BEING ALL OF A TRACT OF LAND DESCRIBED IN A DEED TO JAMES F. MASON (TRACT 2) RECORDED IN VOLUME 725, PAGE 375, OF THE DEED RECORDS OF DENTON, COUNTY, TEXAS, AND BEING ALL OF A TRACT OF LAND DESCRIBED IN A DEED TO JAMES F. MASON (TRACT 3) RECORDED IN VOLUME 725, PAGE 370 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING AT 112" IRON ROD FOUND AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35W (A VARIABLE WIDTH RIGHT-OF-WAY) AND THE SOUTH RIGHT-OF-WAY LINE OF METRO STREET (A 50 FOOT WIDE RIGHT-OF-WAY) AS SHOWN BY THE PLAT RECORDED IN CABINET "A", SLIDE 388 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, BEING THE NORTHEAST CORNER OF SAID MASON TRACT 1; THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF SAID INTERSTATE HIGHWAY 35W AS FOLLOWS: S 20°16'34" W, PASSING A 112" IRON ROD FOUND AT 880.97 FEET BEING THE NORTHEAST CORNER OF SAID MASON TRACT 2 AND A SOUTHEAST CORNER OF SAID TRACT 1, CONTINUING IN ALL A DISTANCE OF 1106.20 FEET TO A TxDOT CONCRETE MONUMENT; S 88040'51"W, 107.75 FEET TO A TxDOT CONCRETE MONUMENT; S 01 °10'18" E, 65.51 FEET TO A 112" IRON SET WITH A CAP STAMPED "WIER & ASSOC. INC." BEING THE SOUTHEAST CORNER OF SAID MASON TRACT 2; S 01 01018" E, 112.36 FEET TO A 112" IRON ROD FOUND; N 88°49'42"E, 69.90 FEET TO A 112" IRON ROD FOUND; S 23°10'30"W, AT 133.53 FEET PASSING THE SOUTHEAST CORNER OF SAID MASON TRACT 1 AND THE NORTHEAST CORNER OF SAID TRACT 3, IN ALL A DISTANCE OF 199.84 FEET TO TxDOT CONCRETE MONUMENT AT THE BEGINNING OF A CURVE TO THE RIGHT; SOUTHWESTERLY, 585.62 FEET ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 5569.58 FEET, A CENTRAL ANGLE OF 6001'28, AND A CHORD BEARING OF S 23°18'54"W, 585.35 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." AT THE END OF SAID CURVE TO THE RIGHT; S 26°19'38"W, 358.22 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; S 30°36'58"W, 200.56 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; S 26°19'38"W, 604.02 FEET TO A BROKEN TxDOT CONCRETE MONUMENT BEING THE SOUTHEAST CORNER OF SAID MASON TRACT 3; THENCE ALONG THE SOUTH LINE OF SAID MASON TRACT 3 AS FOLLOWS: S 85°26'18"W, 306.98 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." ; S 57°00'48"W, 62.00 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." ; S 00°22'58"W, 16.00 FEET TO AN "X" CUT FOUND IN A CONCRETE BRIDGE IN CORBIN ROAD, BEING A SOUTH CORNER OF SAID MASON TRACT 3 AND THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO TERRI J. MEADOR RECORDED IN COUNTY CLERK'S DOCUMENT NUMBER 94-0094073 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; THENCE S 89°4744" W ALONG THE NORTH LINE OF SAID MEADOR TRACT, AND ALONG CORBIN ROAD, AT 439.00 FEET PASSING A 5I8" IRON ROD FOUND, IN ALL A DISTANCE OF 447.55 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC.", BEING THE SOUTHWEST CORNER OF SAID MASON TRACT 3, AND BEING THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO JESSIE HAVENHILL RECORDED IN VOLUME 2775, PAGE 293 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; THENCE ALONG THE WEST LINE OF SAID MASON TRACT AS FOLLOWS: N 00°26'33"E ALONG THE WEST LINE OF SAID MASON TRACT 3, AT 1094.70 FEET PASSING A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." BEING THE NORTHEAST CORNER OF SAID HAVENHILL TRACT, AT 537.39 FEET PASSING A 518" SQUARE PIPE FOUND FOR THE NORTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN A DEED TO JAMES A. NORMAN RECORDED IN COUNTY CLERK'S FILE No. 98-0051483 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, IN ALL A DISTANCE OF 1671.25 FEET TO A 112" IRON ROD FOUND BEING THE NORTHWEST CORNER OF SAID MASON TRACT 3, AND BEING THE SOUTHWEST CORNER OF SAID TRACT 1; N 00°57'30" E ALONG THE WEST LINE OF SAID MASON TRACT 1, AT 503.67 FEET PASSING A 518" SQUARE PIPE FOUND FOR THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO T. KLEIN, JR. AND BETTY K. NORMAN, RECORDED IN VOLUME 2775, PAGE 281 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, IN ALL A DISTANCE OF 1326.60 FEET TO A 112" IRON ROD SET FOUND IN THE SOUTH RIGHT-OF- WAY LINE OF METRO STREET, BEING THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO TEXAS INDUSTRIES RECORDED IN COUNTY CLERK'S FILE No. 94-0068137OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; THENCE N 88°33'33" E ALONG THE NORTH LINE OF SAID MASON TRACT 1, THE SOUTH LINE OF SAID TEXAS INDUSTRIES TRACT, 293.61 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; THENCE S 39°32'24" E, 156.63 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; THENCE S 12°49'23" E, 136.65 FEET TO A POINT FOR A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; THENCE N 88°33'33" E, 490.12 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC."; THENCE N 01°26'27" W, 257.22 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." IN THE NORTH LINE OF SAID MASON TRACT 1; THENCE N 88°33'33" E ALONG THE NORTH LINE OF SAID MASON TRACT 1, 291.02 FEET TO A 112" IRON ROD FOUND BEING THE NORTHWEST CORNER OF LOT 1, BLOCK 1, GIGIOLOTTI, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS AS SHOWN BY THE PLAT RECORDED IN CABINET "G", SLIDE 109 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; THENCE S 01°26'27" E ALONG THE WEST LINE OF SAID LOT 1 AND A EAST LINE OF SAID MASON TRACT 1, 394.00 FEET TO A 1/2" IRON FOUND BEING THE NORTHEAST CORNER OF SAID LOT 1 AND A NORTH CORNER OF SAID MASON TRACT 1; THENCE N 88°33'33" E, ALONG THE SOUTH LINE OF SAID LOT 1 AND A NORTH LINE OF SAID MASON TRACT 1, 280.00 FEET TO A 112" IRON ROD FOUND BEING THE SOUTHEAST CORNER OF SAID LOT 1 AND A NORTH CORNER OF SAID MASON TRACT 1; THENCE N 01 °26'27° W, ALONG THE EAST LINE OF SAID LOT 1 AND A WEST LINE OF SAID MASON TRACT 1, 394.00 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC." BEING THE NORTHEAST CORNER OF SAID LOT 1, BEING A NORTH CORNER OF SAID MASON TRACT 1 AND BEING IN THE SOUTH LINE OF A SAID METRO STREET; THENCE N 88°33'33" E ALONG THE SOUTH LINE OF SAID METRO STREET AND THE NORTH LINE OF SAID MASON TRACT 1, 549.62 FEET TO THE PLACE OF BEGINNING AND CONTAINING 94.168 ACRES OF LAND. AGENDA INFORMATION SHEET AGENDA DATE: May 24, 2005 DEPARTMENT: Planning and Development Department CM/DCM/ACM: Jon Fortune, Assistant City Manager SUBJECT - Z05-0001 (412 Fulton, Lot 8, Collins Addition) Hold a public hearing and consider rezoning approximately 0.15 acres from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential 6 (NR-6) zoning district. The property is generally located approximately 100 feet north of Grace Temple Avenue, to the east of Fulton Street. BACKGROUND Applicant: Schmitz Realty Denton, TX The applicant is requesting to rezone lot 8 of Collins Addition, which is approximately 0.15 acres, from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential 6 (NR-6) zoning district. The applicant wishes to build a duplex on the subject property. Public notification information is provided in Attachment 3. As of this writing, staff received 1 written response in favor and 3 responses neutral to the request from property owners within 200 feet of the subject property. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION See Staff Analysis (Attachment 1). ESTIMATED PROJECT SCHEDULE The subject property is platted. A building permit can be issued for this property provided the requested use is permitted. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification (Property Owner Notification Map) 4. Site Photo 5. Aerial Photo 6. Letter of Intent 7. Letter of Opposition 8. April 27, 2005 P&Z Meeting Minutes 9. Ordinance Prepared by: Supriya Chewle Planner I Respectfully submitted: s 3 ~ Kelly Carpenter, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary of Zoning Request The applicant is requesting to rezone lot 8 of Collins Addition, which is approximately 0.15 acres, from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential 6 (NR-6) zoning district. Existing Condition of Property The subject property is currently vacant. Adjacent Zoning and Uses North: Neighborhood Residential 3 (NR-3), Single-Family South: Neighborhood Residential 3 (NR-3), Single-Family, Duplex East: Neighborhood Residential 3 (NR-3), Single-Family, Church West: Neighborhood Residential 3 (NR-3), Single-Family Comprehensive Plan Anal The subject site is located in the "Existing Neighborhood/Infill Compatibility" future land use area of the Denton Plan. According to the Denton Plan, "within established residential areas, new development should respond to existing development with compatible 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 proposed use is compatible with the existing neighborhood and the intent of the development code. Development Review Anal Access Access to the subject site is from Fulton Street, which is classified as local street. Public Infrastructure Public utilities are available to serve the site. Development Code / Zoning Analysis Duplexes were a permitted use in Two Family Dwelling District prior to the adoption of the development code and zoning update in February 2002. The chart below illustrates the uses allowed in Two Family Dwelling District. Two Family Dwelling District One-Family Dwelhn Detached P Two-Family Dwelhn P Group Homes P During the citywide rezoning in February 2002, the entire neighborhood was rezoned to a Neighborhood Residential 3 (NR-3) zoning district. The current NR-3 zoning district does not allow duplexes and group homes. Prior to the adoption of the Development Code in 2002, Lot 8 was zoned Two Family Dwelling District (2F). Duplexes were a permitted use in Two Family Dwelling District (2F). Multi-Family Duplex C ANDERSON r 1 O Z SinglrF:uuily O J J S I T 8 a xeli a Duplex ACE MPLE Multi-Famil 4PIex HAYNES Existing Uses The existing uses within the neighborhood that were lawful prior to the adoption of the Code in 2002 are protected under the Special Exceptions. According to the development code, "This provision shall be liberally construed to allow the property to be used in the same or similar manner as allowed under the prior development regulations". The existing uses in the vicinity of the subject property are duplexes, 4-plexes, multi-family and single-family uses. Duplexes and attached single family dwellings are permitted uses in the requested NR-6 zoning district. The chart below illustrates the difference between the NR-3 and NR-6 zoning districts. Limitations for each use are explained following the last chart. Residential Land Use Categories NR-3 NR-6 Agriculture P P Livestock L (7) L (7) Single Family Dwellings P P Accessory Dwelling Units SUP SUP Live/Work Units L (1) L (1) Attached Single Family Dwellings SUP P Live/Work Units N L(16) Duplexes N P Commercial Land Use Categories NR-3 NR-6 Home Occupation P P Outdoor Recreation P P Temporary Uses L (38) L (38) Institutional Land Use Categories Basic Utilities L (25) L (25) Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and Lodges SUP SUP Adult or Child Day Care SUP SUP Kindergarten, Elementary School SUP SUP Elderly Housing N SUP P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L (X) _ Limited as defined in Section 35.5.8 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 (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 (16) = Uses are limited to no more than 1,500 square feet of gross floor area per lot. 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. General regulations of the Neighborhood Residential land use zone are contained in the table below: The following limits apply to subdivision of 2 acres or less: General Regulations NR-3 NR-6 Min. lot area (square feet) 10,000 6,000 Min. lot width 60 feet 50 feet Min. lot depth 80 feet 80 feet Min. front yard setback 1L 2) t 10 feet Min. side yard 6 feet 6 feet Min. side yard adjacent to a street 10 feet 10 feet Min. rear yard 10 feet 10 feet The following limits apply to subdivision of more than 2 acres in lieu of minimum lot size and dimension requirements: General Regulations Max. density, dwelling units per acre 3.5 6 Min. side yard for non-attached buildings 6 feet 4 feet The following limits apply to all buildings: General Regulations NR-3 NR-6 Max. lot coverage 50% 60% Min. landscaped area 55% 40% Max. building height 40 feet 40 feet Min. yard when abutting a single-family 10 feet plus 1 foot for each foot 10 feet plus 1 foot for each foot use or district of building height above 20 feet of building height above 20 feet Staff Findings 1. The surrounding uses are protected under the special exception and can remain until voluntarily demolished. 2. The proposed use is compatible with the surrounding neighborhood. 3. The proposed change in zoning is consistent with the Denton Plan and the Development Code. Staff Recommendation Based on the above findings, staff recommends approval of the requested zoning change. ATTACHMENT 2 Location/Zoning Map NORTH NR-3 r O ANDERSON Z NR-3 O j SITE a NR-3 a ,o EIMAPLE NR-3 2 L HAYNES Land Use Map E xi Lin Neighboiho.od: hi6ACouipdtibili r r I ANDERSON O z SITE £T mPlE 71E- gNeigltbuihuu 'hifill ' HAYNES O J J Q Q 7 ATTACHMENT 3 Notification Map a 500 FEET NOTIFICATION 200 FEET NOTIFICATION SITE x J 7 L6 Scale: None Public Notification Date: March 31, 2005 200' Legal Notices* sent via Certified Mail: 21 Number of responses to 200' Legal Notice: ■ In Opposition: 0 ■ In Favor: 1 ■ Neutral: 3 *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 8 ATTACHMENT 4 Site Photos k_. I Subject Property Surrounding Properties: A Duplex and a Single Family Home P - Surrounding Properties: A Church and a Single Family Home 9 ATTACHMENT 5 Aerial Photo l } - AI~GE Cd u i Z i .e {SS ~I t . GRACE EMPLE a i H N _ 10 ATTACHMENT 6 LETTER OF INTENT This letter of intent is for existing zoncNR-3 and proposed zone NR-6. This area right now is a vacant lot and the purpose is for putting a duplex in. This will create more revenue for the city of Denton, by utilizing an area and creating a residential duplex, which will bring in more residents, which will create more revenue for the city of Denton. The lot is within driving distance from the square which has restaurants and shops all around. NOTICE OF PUBLIC HtARIN G Z05-0001 THIS CASE HAS BEEN RESCHEDULED FROM APRIL 13, 2005 TO APRIL 27, 2005. The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 27, 2004, to consider making a recommendation to City Council concerning the rezoning of Lot 8, of Collins Addition from Neighborhood Residential (NR-3) to Neighborhood Residential (NR-6). The property is located approximately 100 feet north of Grace Temple Avenue, to the east of Fulton Street. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property,. the Planning and Zoning Commission would like to hear how you feel about this „request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in- Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Supriya Chewle, Planner I These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in lease circle one: In favor of request eutral to request Opposed to request Reason for Opposition: w~ul ~~'1~~ s~~~k =a~~ C~anC~hns 7X gt - LU~111 u(°St' "s / /°f'~N[mcl ~~•7~~ c°/Y~ k e bey,, Signature: Printed Name: U Mailing Address: Fu S City, State Zip: rk 7~ 20 t Telephone Number: -4Z4 mow Lof ~ Physical Address of Property within 200 feet: IaL' res s The, s ~ 7` C e O ll'~Y1. Y /.d~l CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940.349.8350 • (F) 940.349.7707 04/04/05 30:43 PAS 940 323 8708 GRACE 7£RPLE F~0# 93 i Kiri "Tri: til; Pi jQJ Tr W1-=ADTK1A ifp I 'v *U0 I V Lw lomf I I W rs %rrar v I a or • . .rf. "%M- Z05-0001 ~ Thg f]}~nni wnA 7nni n Commit efAn rf thr? Mtv of npnton wifl hnld a nublic hearing on Wednesday. ~wnril 1~7~1(l~~ to Cnnajd r ma4inn a rPmrnrnPnflatfnn to C:it r C,AirnCtt concerning the n°ZGnIr1Q Of !At of C-O!1i ArMitinn fmm NPinhhnrhnnrr Rpairlcntial (MR-3) to Neighborhood Residential MR-6). The nrnner4v ie lnratert annmvirria4,+iv 10-0 fepf net" of Grace Tomple Avenrae, to the east of Fulton Street- 1 . fl f_ __-~..l „I LW r- 'the public hearing will start at 6.30 p.m. in tine Lny %Guncii k hammers of .iiy Hall located tle c 15 C. McKinney street, Denton, Texas. Because you own propariy wiMin iWo hundred 14VV1 MOM v, ueG ~ subject property, the Pjanning and Zoning Commission woudd ike iv hear huw yiru ever auuue uus ~ request and invites you to aimne the public nearing. Please. in order for your o17tlwi i Lu ur tcuaCRit tw iv&)% account. return this form with your comments prior to the [late of ft pVtAu neanei9. ti rrlis in 00 prohibits you from attending and parircrpadnq in the public hearing.) You may 'Iax R eu the i Dui mlvbe located at the bottom or mail it to the address below or drop ii off in- Plan"ind3 end Davalanment Denartment 221 N_ Eim 3T DRnten; Texas 76201 Mtn! 3uornra Chewle. Planner I These farms are used to calculate the percentane of landowners that support and Oppose the request- The Cnmmission is informed of the oencent of resnpnses in zumost and in Planap r_irrIp aner In favor of request QNeutral to request Opposed to request Raagnn far aneasitinn; 7 7 5lgnaiura,. ~ A A - _ A 11 f~ !l f9 l Printed Name- IHLr~~ i( In A. 6'A CC 5 W ,~Hf'11~~ ffvi~crr Mailing suiaress: If ern nr v,. City. State Zia: &~J% O AJ r X n,... man ♦.a 1 BJrlDflir 1~11UIlIir _ '7 5L(/, ,aa G! .4 7 Physical Address of Property within 200 feet: l! c✓. dC S Alf- . 0 /,K rrrv nc njwwri%hr 'r=VA 4Z r„•v UALL ikS-tT . nGK70N, TFFYraS ?MI 140.as9:9350 • (F7 W.34s.7'7o7 va a , va s.r, ~ • r.., r~~.. 200' PSG uglr'u 104/116/2tl b i f: 4`5 !J4U-3Ll2-8bbI MIZLLL MbE UI f f► 3 r~OT-4r,0%10& ilk of f In 1 -rr t _Ir_ A f NTk Lr. -!•l !1 /R A A A<• 12,4^ wr-rIkr l7r'!ti/'►t lr.!'l1 iR >"-19 t-191%1& A t9!"iRt AO nl4nr TA A 111711 OVY it 1 ~1~ 4K.~C f7ll ~.+Gi~ l~C,?4f7GViJi..Gi r rf%%A#VI Pkr-IifL 44, .cslis.s L~ a`~Y J"R~L i! s The Piannina and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, Atoril 27, 20&, to consider ma)(t iq a recommendation to City Council concerning the rezoning of tot 8. of Collins Addition from Neighborhood Residential (NR-3) to Neighborhood Residential (NR-6). The l property is located approximately 4 00 feet north of Grace Temple Avenue, to the east of Fulton Street. ~ at 6: 9A M- ^h. ^--f /l4.nr...F.nr. f LI.%If I~nft+ori M+ )ICZ G Th& public; 27C~FN}~ win S'M t at 330 pan. iL i~ M k~ a '%Y vrsur r~... w..uk r.r.vk yr v.%X a A, A_!i•_ _ na-....• r__t~~ Z' D.......,.,, .nu n-.rn nroA^o#.. &4#h,'n I.trn l~r.nrlanH 17fU7S fan} n{ fho lVt4.ft11lflC}/ '.3LFVC4 L..fulu il, I 'oms. LIVirL7wtir yo y..)! I.r. v{+e...~ ..ral,,=. .....irv.. - ~I ! i , &4- rs!___:__ .J 7.....,.. F..=....w.nn nn .~.n..lrf IiG•A M J~_ae h^::. trgr feel *hn#rf fh"_ $i1LJ~CLt 'pro-- T-J~ifJlfl J4~ Piiu ~wr,rly 4V•.1-..l.a.ai MY.Y r.ara. au.+. s~~ u....f st... 1,11 hs~srri.. L]1~ srn ~n n.rinr XnM .re~lrr nnininn 4~ h~ Ijtan .H}~ x; iV i3llGrfi.7 Ifi4u`a.rrv .rvu'rrry. s ' v«us+. Li VV[ {V. jV«. Yy.. JDL~LJJi ;.71'ICi Jl %1'.331{733 Yo Fe.- F ~arenh / h:s 'if? nn Aral'. t, s 11 f. rlL.t your bV ie +n +twa i!n*n -4r +hn n.F. '.1 71Yki~-.sir.::i.c... iv{ w uw wrti•w w,« y.Y«+•+v i. ` c'1>r~17Uk}i. lG1llJ1 3 I n !6 i.:r.:s.. r rs.,...Ji.,.. -4 .f:nin~F:nn Fn tho n.,hlln hna.vr..+1 1/~r-; m~yr fax it fr1 tcv I?. rmi;~r I[ 11'n 1nLa YVU nisi ii PiiGrr~!l stJ vsrV ~usYk Yus.ery f..w.a.... sr=.=+. r.ay .rJ ~I IOC LeAA at iiie u0u01i. ur 0~jj ii au uF y GuurrnvV t+°1o.;, or ~Frnfn' ft off in Planning and Development Department 11 224 N. Elm ST Dertton, Texas 76201 Aitm Supriya Chewler Planner I These forms are used to calculate the percentage of Isrtttowners that support and Oppose the request. The Commission is infbrmed of the percent of responses to support and in Please circle one, In ldca ar cf rO-'4 UOs Neutral tr.2 rnr~l~ggt~ Opposed to request Reimon for Dpposltlarr. Signature: Printgrl Name: Fe. # iz"i d Maifing Address: _ ©rl rf It r ~ city, state Ziff Telephone Number. 2 Phvsical Address of Property wrthin 200 feet: 31• i _ too 1 wo h/~.rAj'r^A/ TFYw ice` rITY j ,-I L EST DENTON, TEXAS 76207 • $40.3j 2.835~ 94L). 49 77n7 % too r +rr t..~ s v.:1 01/15/05 11:54 FAX 9403875493 MINOR & JESTER OA1 NO-ICE -OF PUBLIC HE kRINC Z05-000i j i THIS CASE HAS BEEN RESCHEDULED FROM APRIL 1 3, 2005 TO APRIL 27, 2003. The Pinning and zoning Commlt"ion of the City of Denton will hold a P bliC hearing On WednP4day, April 27, 2004, t0 wns;der melting a rscommandation to City Council con arning the reznr ing of Lot 8, of Collins Addition front Neighborhood Residential (NR-3) to Nelghborh Ktd Razidential (NR-6). The property is located aPproximaiely 100 feet north of Graco Temple Avenue, to the east of Fulton Street. The p0h1ir, hearing will start at 6:30 p.m. in the City Council Chambem - f City Hall located at 215 E. McKinney btree% Denton, Texas. Secauca you own pmlw.* within tm ) hundred (200) feet of the Subject property, the, !Manning and Zoning Commission would PRO to 1 :ar how you feel about this - requwd and invites. YOU to $ftOnd the public heaft._Please, In order for ~ouL4pia7ion ;tD be~kel~.io~ - - ac=count; retum omits dorm wth your Comrn6nts prior to the cute of the pt zlic hearing. (Thi< in no way pmhlblfs you from aftending and partlclpating in the public heating.) Y iu may fax it to the number located at the bottom or mall it tD the address below or drop It off in- Planning and DeveloPmont Department 224 N. Elsa ST 17enton, Texas 76201 Attn_ Supriya Chewle, Planner These forms ~mm~S 0 ~Is calculate the informed of the per ~ of ~ sPa s~ neeuPl art and-in rt and apPos9 the request The Please circle one: In favor of request Neutral to request Oppos d to request Reason for Oppas an: • f( V Signature: Printed Name: Malting Andress: City. State Zip: gE Telephone Number. - Physical Address of Property within 200 feet: CITY OF DENTON, ERAS urry HALL wr:3T - %=N, TEXAS 7s= 94a.94%smo - {F} 940.249.7707 i0r• °Wz j%brres CondenseIt"m Page 45 Page 47 1 COMMISSIONER STRANGE: We Will now move 1 the Development Code. Based on the above finding, staff 2 back to our public hearings. A and B have already about 2 reconnnends approval of requested zoning. If you have any 3 handled. We will go to Item No. C, which is the rezoning 3 questions, I'll take them now, 4 of Lot 8 of Collins Addition from Neighborhood Residential 4 COMMISSIONER STRANGE: Mr. Roy. 5 NR-3 zoning District to Neighborhood Residential NR-6 5 COMMISSIONER ROY: so rezoning is the only 6 Zoning District. Staff. 6 option for the applicant to build 7 Ms. CHEWLE: Good evening. I'm here to 7 MS. CHEWLE: Yes, it is, because a 8 present a rezoning request submitted by Mr. Eric Schmitz. 8 Neighborhood Residential 3 only allows single family and 9 The request is to rezone 412 Fulton Street from 9 NR-4 District allows duplexes, but it requires a Specific 10 Neighborhood Residential, NR-3 zoning district to 10 Use Permit and NR-6 allows duplexes as a permitted use. 11 Neighborhood Residential NR-6 zoning district. I T So the applicant either had a choice to get it rezoned to 12 The site is located along Fulton Street 12 NR-4 or NR-6. But if they rezoned it to NR-4, they would 13 north of Grace Temple Avenue. The property is currently 13 again have to go through a single specific use permit. 14 zoned NR-3. The applicant wishes to build a duplex on the 14 COMMISSIONER ROY: One more question. 15 subject property. Duplexes are not a permitted use within 15 Everything around it is NR-3. 16 the NR-3 zoning district, whereas, duplexes are a 16 MS. CHEWLE: That's correct. 17 permitted use under the proposed NR-6 zoning district. 17 COMMISSIONER ROY: And there's going to be 18 Prior to the adoption of the Development 18 this one little place that's going to be NR-6? 19 Code, the subject property and the surrounding properties 19 MS. CHEWLE: But as I mentioned earlier, 20 were zoned two family dwelling districts. Duplexes were 20 all of the uses are mostly duplexes and multi-family. And 21 an allowed use within the two family dwelling districts. 21 they are going to be covered under the special exceptions 22 The subject site is located within the 22 so really they can stay until the owner themselves decide 23 existing neighborhood and in-fill compatibility future 23 to demolish it and build a single family home. 24 land use of the Development Plan. The existing uses 24 COMMISSIONER ROY: Okay. I'll be more 25 within the neighborhood are duplexes, multi-family and 25 direct in my question and maybe legal has to step in here. Page 46 Page 48 1 single family uses. Prior to the adoption of the Cade and 1 Why is this not spot zoning? 2 the City-wide rezoning in 2002, the existing uses were 2 Ms. PALUMBO: The reason why it would not 3 lawful and, hence, fall under the special exceptions, 3 be considered spat zoning is you're not really treating 4 which mean they can be used and rebuilt in the similar 4 this property different than the surrounding properties. 5 manner as allowed prior to the prior to the current 5 'T'here is duplexes next to it. Spot zoning is only spot 6 regulations. 6 zoning once a Court declares it to be spot zoning. So 7 Notification was sent to 21 homeowners 7 using the term is this spot zoning is incorrect. Spot 8 within the 200 feet radius of the subject property. Staff 8 zoning only occurs after a Court declares a piece of 9 has received four written responses. One in favor and 9 property to be spot zoned. 10 three neutral to the request, Staff also received three 10 COMMISSIONER ROY: Thank you. 11 responses, which came to Commissioner Roy. Two of them 1 I COMMISSIONER STRANGE: Mr. Watkins. 12 were two of those requested were beyond the 500 feet. 12 COMMISSIONER WATKINS: Thank you, Mr. 13 One of the requests was within the 200 13 Chairman. Were there any single family residents on 14 feet, but it came from a tenant so they do not instigate 14 Arnarillo or anywhere that objected to this? 15 any I'm sorry. What's the word? Initiate the 15 MS. CHEWLE: No. The only objection that I 16 majority, super-majority. 16 received was from 412 Fulton and Mr. Eric Sclunitz owns it. 17 The first picture is the subject property. 17 The tenant had an objection to it, but the owner is Mr. 18 The second picture is the two duplexes to the south of the 18 Eric Schmitz, but I did not receive any other objection 19 subject property. And the third picture is of the church 19 around in that area. 20 and the duplexes across from the property. Staff findings 20 COMMISSIONER WATKINS: Okay. I guess the 21 are that the surrounding uses are protected under special 21 thing that thrills me so much is we finally sec; a little 22 exceptions and can remain until voluntarily demolished. 22 in-fill, it's just one lot, but, you know, this is the old 23 The proposed zoning and the use is 23 Edwards property and I know most of the people that used 24 compatible with the surrounding neighborhood. The 24 to live around it, but most of it is rental now. And I 25 proposed zoning change is compatible with Denton Plan and 25 notice the street is pretty well a parking lot during the PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 45 - Page 48 CondenseIt,.. Page 49 Page 51 1 daylight hours on both sides. Thank you very much. 1 Your presence is the only way that 2 COMMISSIONER STRANGE: Thank you. We'll 2 homeowners in a mixed use residential area can hope to get 3 now open the public hearing portion of this. And would 3 some covenants from developers and from real estate owners 4 ask if the applicant is present. And if they wish to say 4 to do the things that will cause the community or the area 5 anything. Please come forward and give us your name and 5 to be clean and neat and something we'd all be proud of in 6 address, please. 6 Denton. 7 MR. SCHMITZ: Thank you, sir. My name is 7 Now, as I understand it, there was no site 8 Eric Schnitz. And I'm the owner of the property. And I'm 8 plat presented to this to the City. There is so we 9 a grandson to old Barry Edwards, And I'm honored to have 9 don't know what is going there except there's going to be 10 the property as well as a couple of the surrounding 10 a duplex, you know. We don't know if it's going to be a 11 properties. And I'm just trying to clean up the area with 11 big duplex with two or three bedroom that will sleep 12 12 some new enhanced development and there's some old 12 people, each of whom if they're college students is going 13 dilapidated houses and things. At one time, apparently it 13 to have an automobile and where those 12 automobiles are 14 was, I guess, multi-family because I've got apartments Mr. 14 going to go or even six automobiles. 15 Goen built down the street from me. And then Mr. Frisby 15 You probably noticed too, on the drawing 16 and myself built a couple of newer duplexes in the '80s. 16 which isn't up here that this is a very small lot. It's a 17 I've tried to make ample room for parking, 17 smaller lot than the ones on the opposite side of the 18 you know, both on and off the street as well. And there's 18 street or the ones back of it. So there's a question of 19 one Live Oak tree that 1 really love and I hope to save 19 where. I would have felt better about it, perhaps, Mr. 20 that big Live Oak. But Fin trying to enhance the property 20 Schnitz would have replatted the property because he has a 21 so that my grandmother would be proud of what the property 21 large lot to the north there and, perhaps, have the space. 22 turned out to be. 22 Mixed use residential does not have to be 23 And I think there's a use for it and a need 23 junky. But, unfortunately, on the we have gotten to 24 for it, and I just pray that the Commission would vote in 24 the point where more and more of this property is rental. 25 favor of the project. 25 COMMISSIONER STRANGE: You have one minute. Page 50 Page 52 1 COMMISSIONER STRANGE: DoeS anyone have any I MR. SIMMONS: Okay. IS rental, so you have 2 questions of the applicant? 2 something that looks like this right beside something that 3 MR. SCHMITZ: Any questions? 3 looks like this. Or you have or you have a rental unit 4 COMMISSIONER STRANGE: Thank you, W. 4 here with overgrown overgrown shrubs, cars parked on 5 Schnitz, 5 the grass or anywhere it can and then you have a side view 6 MR. SCHMITZ: Thank you, sir. 6 of a person that lives there and owns the property. And 7 COMMISSIONER STRANGE: I Will remind the 7 then you have this. 8 audience again that anyone who does wish to speak on this 8 Now, this man built a really nice duplex, 9 item needs to fill out a card and we do have a number of 9 but then he poured concrete over the whole front yard and 10 cards here. When I call you we have actually three 10 sold his lawn mower, while at the same time, there was 11 people who wish to speak and two people who do not wish to I 1 room on the back for parking. 12 speak. So when I call your name, if you will come to the 12 COMMISSIONER STRANGE: Mr. Simmons, your 13 podium and give us your name and address. 13 time is up and we'd ask you to bring your corlunentS to a 14 I'll call two names. The first one I call, 14 close, please. We do have a three-minute limit for 15 please conic to the podium, The second one can conic sit in 15 speakers. 16 the front seat and be ready to go. Hugh Simmons and next 16 MR. SIMMONS: Right now? That's all'? 17 to speak would be Anne Sinunons. 17 COMMISSIONER STRANGE7 well, if you can 18 Ms. sIMMoNs: I don't want to speak. 18 wrap up shortly, 19 COMMISSIONER STRANGE: You do not want to 19 MR. SIMMONS: Okay. Well, there are homes 20 speak? Okay. Next to speak would be Dr. Mary Anderson. 20 in this area, for example, here is a home where where 21 MR. SIMMONS: First Off, I want to I'm 21 they just got an award-winning from the City of Denton. 22 sure that every homeowner agrees with me that that we 22 So the homeowners are in effect doing all of the hard 23 appreciate the time that you that this Commission gives 23 lifting for these people who own rental property. All we 24 to this of your own free time. And as taxpayers, we 24 are asking for is more consideration and perhaps some 25 particularly like your pay scale. 25 covenants, that what you will do will be in it will PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 49 - Page 52 Condenselt'n" Page 53 Page 55 1 improve the area instead of letting it go down with the I COMMISSIONER STRANGE: Thank you for your 2 kind of thing that is happening with some of the pictures, 2 comments. We do have three other cards. And I will 3 Eric, that I have shown of some of the other property. 3 paraphrase those. One from a Kate Eaton. Her concern is 4 You're not the worst landlord in the area. 4 that this is spot zoning and she and her husband are 5 You just happen to be the one that is appearing before 5 against it. 6 this Conunittee. 6 One is from Patrice Lyke on Egan Street. 7 COMMISSIONER STRANGE: Mr. Simmons, we 7 She's also concerned it's a dangerous precedent and is 8 appreciate your comments and your time is up. 8 spot zoning. And Ms. Anne Simmons whose opposition 9 Next to speak is Dr. Mary Anderson. 9 relates to parking. So those are the other comment cards. 10 DR. ANDERSON: Asa member of the 10 MS. EATON: May I make one continent? 1 I neighborhood, I am in the 200 foot zone and I have to l l COMMISSIONER STRANGE: well, I have said 12 protest that there are not only, you know, larger duplexes 12 twice that if anyone wants to speak they need to fill out 13 in the neighborhood. There's a lot of single family. In 13 a card, so in the interest of staying with our rules, if 14 fact, this abuts up to all of Oak Street. So I protest 14 we don't have a card, then I would ask that we don't 15 that conclusion that there's not single family. The other 15 Ms. EATON: You do have a card. 16 there's lots on Amarillo, there are many single 16 COMMISSIONER STRANGE: which name is yours? 17 family houses on Amarillo. My house backs up on the back 17 MS. EATON: Kate Eaton, 18 of Amarillo, so I can see many single families. 18 COMMISSIONER STRANGE: okay. Your card 19 They're turning over and sold. It is not 19 said you didn't want to speak. 20 clear in fact, what NR-3 means. Is that just single 20 MS. EATON: I changed my mind. 21 family? And what NR-6 maximally allows. I have seen 21 COMMISSIONER STRANGE: okay. If you want 22 several developments and I've only been here two and a 22 to come down to the podium, please. 23 half years, and I'm all for college students living in my 23 Ms. EATON: My husband and I own the single 24 neighborhood and paying taxes. But will this be another, 24 family house 25 oh, we went through, what was it, Bynum, who wanted to put 25 COMMISSIONER STRANGE: Please give us your Page 54 Page 56 1 up a property on Oak. That got turned down. We also went 1 name and address. 2 through Flow Hospital where how many units as this 2 MS. EATON: Kate Eaton, 1103 Congress. 3 gentlemen just said, how many units were approved on Flow? 3 COMMISSIONER STRANGE: Thank you. 4 160 some odd apartments. But each apartment had three 4 MS. EATON: And my husband and I happen to 5 individual separately leased units. 5 live in a single family house on the corner of Congress 6 That turns it into a lot more than a 6 and Fulton that we've been trying we've been restoring 7 multi-family. I mean, there's nothing wrong with a 7 for the past 20 or so years. And as far as the idea of 8 duplex. What's wrong is there's no plan put forward that 8 spot zoning being legal or not legal, maybe it's what 9 actually tells us what he's going to do. He's looking for 9 Mr. Schmitz wants to do is legal according to the letter 10 a blanket approval to do whatever, and they're my 10 of the law, but it's certainly not according to the spirit 11 next-door neighbors. You know, I don't need to see people 1 I of the law. Thank you. 12 trashing neighborhoods. I'm all for people making some 12 COMMISSIONER STRANGE: Thank you for your 13 profit on their land, but not at the expense of a whole 13 comments. Dr. Noble. 14 neighborhood. And you are backing up on you know, many 14 COMMISSIONER NOBLE: Thank you, Mr. Chair, 15 people didn't know we should call and send a letter to 15 I have a question for staff. So currently this is zoned 16 complain. 16 as NR-3; is that correct? 17 I just planned to come down here. So that 17 MS. CHEWLE: Yes. 18 people didn't send a letter doesn't mean they don't care. 18 COMMISSIONER NOBLE: And under the adjacent 19 They didn't know. It just said if you have questions. It 19 zoning and uses the other neighborhood residential 20 did not say if you have complaints. My complaint, this is 20 they're all NR-3? 21 not necessarily any quality and I say until it's more 21 MS. CHEWLE: That's correct. 22 fully developed that it shouldn't be approved at the 22 COMMISSIONER NOBLE: And south let's 23 current time until there's more information that says it's 23 see. South to this of this property, there is it's 24 not going to be a Flow Hospital all over again. Thank 24 zoned NR-3 and there is a single family duplex. Is that 25 you. 25 is that not a duplex that is there or is it just a PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 53 - Page 56 CondenseItm Page 57 Page 59 1 I'm kind of confused there. Is it single family or is it I Special Use Permit which is a subset of zoning in which 2 a duplex? 2 the applicant would have to come back and ask for the 3 MS. CIIEWLE: The one the one on the 3 duplex and supply a site plan that shows how he was going 4 this one is a single family home, Commissioner Noble. 4 to put the duplex on the lot. So NR-6 is a less 5 COMMISSIONER NOBLE: So the south side, is 5 restrictive way to do a duplex. 6 that a duplex? 6 COMMISSIONER GUZMAN-RAMON! Okay. So is 7 MS. CHEWLE: Yes. There are two properties 7 that an option now, to do an NR-4 With 8 south of the subject property that are duplexes. The two 8 Ms. CARPENTER: I believe it is. I'm going 9 properties south of those are multi-family. They're 9 to ask the attorney to clarify, but I believe if we do 10 four-plexes. 10 zoning less than, we're still within the parameters of our 11 COMMISSIONER NOBLE: Okay. So my question 11 advertising. 12 is, can you not build a duplex on NR-3? 12 MS. PALUMBO: Right, You could do the NR-4 13 MS. CHEWLE: No, you cannot. It's not a 13 and allow that to go forward. The applicant would then 14 permitted use under NR-3. 14 have to come back with a Specific Use Permit. 15 COMMISSIONER NOBLE: Okay. Well, then I'm 15 COMMISSIONER GUZMAN-RAMON: Okay. Thank 16 I guess I'm still confused here. 16 you. 17 MS. CHEWLE: Commissioner Noble, the 17 COMMISSIONER STRANGE: Mr. Roy. 18 duplexes are pre-existing. They are on that property 18 COMMISSIONER ROY: The comments by Mr. 19 before 2002 and they were an allowed use prior to 2002 19 Simmons addressed questions about what the building would 20 under two family dwelling districts. 20 look like and how it would be laid out on the lot and this 21 COMMISSIONER NOBLE: Okay. Thank you. 21 sort of thing. I think I have an understanding, but could 22 COMMISSIONER STRANGE: Staff? Mrs. 22 you describe some of the things that our current Code 23 Carpenter. 23 requires that perhaps the existing buildings on either 24 MS. CARPENTER: She answered it, Mr. Chair. 24 side of it or in the whole area would not comply with 25 COMMISSIONER STRANGE: Okay. Mr. Watkins. 25 today. I mean, isn't our Code require some significant Page 58 Page 60 1 COMMISSIONER WATKINS: Thank you, Mr. 1 improvements in the way the building looks and the laid 2 Chainnan. Question to legal. Can we could we put an 2 out on the lot and lot usage and such? 3 overlay on for a duplex on NR-6 if the applicant was 3 MS. CIIEWLE: If the applicant gets the 4 agreeable? Duplex only? 4 zoning today, the rezoning granted today, they will have 5 Ms. PALUMBO; our Code probably would allow 5 to abide by our subchapter 13, which sets the site design 6 you to do that. What I would recommend is maybe you 6 standards. They will have to be within the site lot 7 consider NR-4 because it's a less intense zoning category 7 coverage and lot landscaping requirements. And they will 8 and then the applicant would have to come back with a 8 also have to be within our building material requirements. 9 specific use permit which with a site plan, which would 9 So if they were granted this, we still hold the building 10 allow you to add conditions to that to protect the 10 permit and we have we see to it that they do everything 11 neighborhood. And I would ask that Ms. Carpenter might 11 according to what our Code says during that stage. 12 want to expand or disagree, 12 COMMISSIONER ROY: Well, I was looking for 13 Ms. CARPENTER: I don't have anything to 13 some examples that the neighborhood might be able to grab 14 add to that. 14 ahold of and understand what how it would look better, 15 MS. PALUMBO: okay, 15 perhaps, than the buildings on either side of it. I don't 16 COMMISSIONER WATKINS: Thank you very much. 16 know. Maybe it's a little unfair to ask you to do it 17 COMMISSIONER STRANGE: Ms. Guzman-Raman. 17 right off the top of your head, but I'm trying to convince 18 COMMISSIONER GUZMAN-RAMON: So is NR-6 the 18 them that it will look better under the new Code which we 19 most restrictive means to obtain a duplex? Or is there 19 just passed in 2002. 20 one that's more restrictive? 20 Well, let's get very specific. You 21 MS. CIIEWLE: The maximum that NR-6 allows 21 mentioned a landscaping plan for this duplex. Would the 22 is a duplex. NR-6 does not allow multi-family. 22 concrete yard that Mr. Sinimons mentioned to us, would that 23 COMMISSIONER STRANGE: Ms. Carpenter. 23 be allowed in our current Code? 24 MS. CARPENTER: NR-4 would be a more 24 MS. CHEWLE: If it is within the lot 25 restrictive way to get a duplex because NR-4 requires a 25 coverage percentage, yes, they could do it. PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 57 - Page 60 Condenselt'rm Page 61 Page 63 1 COMMISSIONER STRANGE: Could you read to us I Carpenter. 2 what time standards would be for landscaping and for lot 2 MS. CARPENTER: It's an existing lot that 3 coverage, please? 3 didn't meet the these the Code. And the NR-6 it 4 MS. CHEWLE; Yes. The buildings shall 4 will meet the NR-6 standards because it will he about 5 utilize at least these are the residential buildings, 5 8,500 square feet. And 6,000 is the minintunt for NR-6. 6 site development standards. It reads building should 6 But it didn't meet the minimmun requirements in NR-3. 7 utilize at least three of the following design features, 7 COMMISSIONER WATKINS: It would come closer 8 dormers, gables, accessed entries, covered front porches, 8 to being NR-6 if we hadn't blanket rezoned at the tinme the 9 architectural pillars and posts, bay windows, a minimum of 9 whole timing some of those lots are rather small. My 10 24-inch projections. 10 grandparents lived just a few houses from there. And 11 The same elevation may not be used within 11 tlmere wasn't room for a driveway to go by the house. Some 12 any ten lot groupings as mentioned below. That is 12 of therm were and so I can see.] 5 acre but that comes a 13 duplexes shall be designed to appear as a single family 13 whole lot closer to NR-6 than NR-3, 14 unit I mean, a single unit. Sorry. All walls except 14 MS. CARPENTER: Yes, sir, it does. 15 gable roof areas which face the street other than an alley 15 COMMISSIONER WATKINS: For which I think 16 must contain at least 25 percent of time wall space as 16 Convnissioner Roy was concerned about. Thank you, Mr. 17 windows and doors. 17 Chairman. 18 Primary entrances shall be from the street 18 COMMISSIONER STRANGE; okay. Does anyone 19 and sidewalk. Windows shall be provided with trim or 19 else have any questions of staff? Mr. Roy. 20 shall be recessed. Exterior finishes shall be wood, 20 COMMISSIONER ROY: If we make it such that 21 masonry, stone, stucco, a steel board or other high 21 he has to have an SUP, rm trying to think about the cost 22 quality material. At least 50 percent of the yard 22 of that added to the property, time whole development. Do 23 frontage shall have buildings within the minimum front 23 we have a typical cost for an sup process? 24 yard setback. 24 MS. CIIEWLE: Yes, an application for a 25 Five percent of the land area that is not 25 specific use permit is $1,000.00. Page 62 Page 64 1 constrained open space will be designed into a green plaza 1 COMMISSIONER ROY: An application? 2 or a combined of planned open space or ended to the 2 MS. CHEWLE: Sorry. $1,500.00. 3 neighborhood. 3 COMMISSIONER ROY: I'nl not going to ask 4 COMMISSIONER ROY: well, a couple of those 4 you again. 5 timings I understood. I'm not sure how many more that were 5 COMMISSIONER STRANGE: Mr. Sclunitz probably 6 citizens here tonight grasped. But you say what 6 doesn't want you to ask again. 7 about parking? What do our standards call for on parking? 7 COMMISSIONER ROY: So okay. But we 8 MS. CHEWLE: For a single family house, we 8 don't know in terms of the architectural cost and all of 9 allow two parking two on-street parking spaces. So for 9 this, we don't have a typical number that we 10 a duplex it would be four parking spaces. 10 MS. CHEWLE: No, we don't. 11 COMMISSIONER ROY: On-Street? 11 COMMISSIONER ROY: --use? Thank you. 12 MS. CHEWLE: on-street parking spaces. 12 COMMISSIONER STRANGE: Does anyone else 13 COMMISSIONER STRANGE: Mr. Roy, anything 13 have any questions? Dr. Tlmibodeaux, 14 further? You want to think about it a minute and let Mr. 14 COMMISSIONER THIBODEAUX: The parking issue 15 Watkins ask a question? 15 that was mentioned, the allowance of two for each side of 16 COMMISSIONER ROY: Yeah. Let me think 16 time duplex 17 about it a minute. 17 MS. CHEWLE: That's riglmt. 18 COMMISSIONER STRANGE: Mr. Watkins. 18 COMMISSIONER THIBODEAUX: Four on the 19 COMMISSIONER WATKINS: Thank you, Mr. 19 street, but the parking that's there now, it's where 20 Chairman. I see a maybe it's a misprint. The 20 it's located it's probably student parking and you 21 applicant is requesting to rezone Lot 8 of Collins 21 wouldn't be able to control is it parking there now? 22 Addition which is approximately ,15 acre from the 22 MS. CHEWLE: on-street parking is non 23 Residential 3. And I don't know how you get .15 acre in 23 allotted. It's public parking but it's not just parking 24 an NR-3, do you? 24 for them. It could be used by anyone. 25 COMMISSIONER STRANGE: Staff? Ms. 25 COMMISSIONER THIBODEAUX: So that doesn't PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 61 - Page 64 CondenseIt' Page 65 Page 67 1 add a duplex wouldn't add to the parking problem there? I they're three bed, two bath. This was the one-story 2 MS. CHEWLE: No. 2 version. And I had a two-story version. And we just 3 COMMISSIONER THIBODEAUX: okay, Thank you. 3 talked and visited a little bit about it, I don't know if 4 Ms. EATON: The parking 4 we can put it on the screen. 5 COMMISSIONER STRANGE: I'm sorry. You're 5 COMMISSIONER STRANGE: You Call put it there 6 not going to be allowed to ask questions. You had your 6 and it will show to the audience, 7 opportunity earlier. So we've moved beyond that. Go 7 MR. SCHMITZ: But I fully intend to park in 8 ahead, Dr. Thibodeaux. 8 the rear as well as landscape I'm a tree lover, so I 9 COMMISSIONER THIBODEAUX: 1 heard an 9 want to landscape with good hard wood trees that arc long 10 answer. 10 lived. And that's hard to see, but I'd be sharing the I 1 COMMISSIONER STRANGE: okay, Does anyone I 1 parking, actually the driveway with the older two-story 12 else have any questions of staff? I have a question of 12 duplex, Mr. Stiff used to own, down to the back and the 13 the applicant. 13 parking in the rear. Okay. I plan on nice shrubs and 14 MR. SC14MITZ: Yes, sir. 14 flower beds in the front as well as I wanted to add a 15 COMMISSIONER STRANGE: Mr. Schmitz, you 15 different an additional Live Oak Tree to kind of 16 have heard a lot of the opposition and had the opportunity 16 balance both sides of the property. 17 to see some of the examples of what the neighbors don't 17 And as you can see, if we could go back, 18 want. Can you kind of give us an idea of what to what 18 the red brick duplex that I built I thought was a fine 19 you do have in mind and also your receptiveness to an 19 addition to the entire block of Fulton as far as what you 20 overlay that would give the neighbors some assurance of 20 see on that east side. That's the best looking building 21 what you will and will not be doing with this piece of 21 on the street 22 property? 22 COMMISSIONER STRANGE: If you would, you 23 MR. SCHMITZ: Absolutely. I'll be happy 23 aced to stay at the microphone, so everybody can hear you, 24 to, And first of all, I wanted to give my compliments to 24 please. 25 the folks at Congress and Fulton. I think they've done a 25 MR. SCHMITZ: Sure. Page 66 Page 68 1 great job of restoring the old home down there on the I COMMISSIONER STRANGE: Thank you. 2 corner. 2 MR. SCHMITZ: I would like to think 3 As far as the parking lot in the front of 3 everything we've built so far has been an enhancement and 4 404 Fulton, which I own two houses to the south, it was 4 I do not plan if I'm lucky enough tonight to get it 5 the very nature of the ordinances at the time that didn't 5 approved, in fact, we can write it into the ordinance or 6 allow me the opportunity to run the driveway to the side 6 whatever, I will not park in the front of the duplex. 1 7 and park in the rear, although, that was my desire and my 7 plan fully on providing parking spaces, at least four 8 plan. The layout dictated specifically that we had to 8 behind the duplex structure, specifically, so I can save 9 have the parking in front. 9 that nice big Live Oak Tree. 10 I don't know how to get to a slide that 10 COMMISSIONER STRANGE: Anyone else have any I I showed there's an older duplex as well as 404, that red 11 questions of the applicant? W. Roy. 12 brick duplex that I built to the right, if we can there 12 COMMISSIONER ROY: I think I know the 13 you go. 13 answer to this question, but let me ask it anyway. How 14 The subject property is this one. I built 14 would you feel about the sup process, to kind of over 15 this one, but I had to I couldn't Share a drive with 15 get over the concerns of the residents or at least be a 16 this guy because I didn't own it at the time. And if you 16 way to address the concerns of the residents? 17 go to the back, there was only a 6 foot side yard setback 17 MR. SCHMITZ; Two things. If there's no 18 that would allow me to have a car pass through without 18 risk involved and that gets me to where I want to go, I 19 ruining the integrity or the feasibility of even building 19 really don't object at all, and the second thing, can 1 20 a building then. 20 borrow $1,500.00 from you tonight? Just kidding. I just 21 What I'd like to do is, on the subject 21 hate to go through an additional hearing and some more 22 property, at this point share the curb out and run get 22 process. I've fully disclosed my plans and I can let you 23 rid of this car and run all of the parking to the back. I 23 know, I'm not putting a parking lot in the front. And 24 have submitted two different plans and proposals to the 24 that seemed to be the concern tonight, 25 City and I'll be glad to circulate them. But they're two 25 But if that's what you'd like for i le to do, PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 65 - Page 68 CondenseIt"m Page 69 Page 71 1 then I'm your servant, whatever you like. 1 thought you maybe had a question is why I called you. If 2 COMMISSIONER ROY: Thank you, sir. 2 there are no other questions then I will close the public 3 MR. SCHMITZ: Yes, sir. 3 hearing, and we will be ready for a motion. And Mr. 4 COMMISSIONER STRANGE: Well, I asked the 4 Schmitz, you may sit down. Thank you, sir. 5 question earlier and I don't know that I got a direct 5 MR. SCHMITZ: Thank you. 6 answer. If we wish to put some sort of an overlay on the 6 COMMISSIONER STRANGE: You can go now. 7 NR-6 zoning, do you have an objection to that as long as 7 COMMISSIONER WATKINS: All right. I move 8 it reflects the fact you can build a duplex with no 8 approval of Z-05-0001 with an overlay for a duplex only 9 parking in the front and it would confirm to the sketch 9 with parking in the rear, if that's all right with the 10 rendering that you presented to our Commission meeting 10 applicant. 11 tonight? 11 UNIDENTIFIED SPEAKER: May I say something? 12 MR. SCHMITZ: As long as it doesn't 12 COMMISSIONER STRANGE: The public hearing 13 economically effect me other than paying the additional 13 is closed. Sorry. I think we need to let our staff and 14 fees, which I don't think will be a problem. No, sir. I 14 our legal confer just a second to make sure that that 15 don't think that would be a problem. My question would 15 motion does fall within the provisions of our notice and 16 if we did an overlay, would that then allow me to go back, 16 our advertisement. Do you have something you'd like to 17 for example, to the left is an old dilapidated house 17 report? 18 that's falling in. Would I just apply for an sup to build 18 M.S. PALUMBO: Right. The overlay district 19 a new duplex there? Or would I have to ask to change the 19 is really not an appropriate district to place on the NR-6 20 zoning for that lot? 20 to achieve the purpose for which the applicant filed his 21 COMMISSIONER STRANGE: we would need to get 21 request. You're combining site design conditions into the 22 a ruling from our legal counsel. 22 overlay and it's really more appropriate to bring 23 MS. PALUMBO: You can't expand the area of 23 something like this forward through the Specific Use 24 your zoning request so you can't pick up an additional lot 24 Permit process. There could be othef conditions that 25 and move it forward to the City Council because we didn't 25 would be appropriate to place on this property. Page 70 Page 72 1 advertise. Our notice would be insufficient. So for that 1 Staff hasn't bad a chance to analyze 2 particular lot, you're going to have to start the process 2 everything and move it forward like that, So because 3 over on that. 3 you're combining site design with the overlay, the overlay 4 MR. SCHMITZ: Okay. It wouldn't prohibit 4 is designed really for larger areas, not just a one lot 5 it. It would just be more notice. 5 treatment. And that's why the specific use permit process 6 MS. PALUMBO: Right. 6 is more appropriate, and I'd like to defer to Ms. 7 MS. CARPENTER: A new case. 7 Carpenter if she has any additional continents. 8 MS. PALUMBO: Anew case. 8 MS. CARPENTER: I just want to add, Mr. 9 COMMISSIONER STRANGE: Anew case. 9 Chairman, that the parking requirements are site design 10 MR. SCHMITZ: A new case, okay, 10 and they're not covered by zoning, which is in our Chapter 11 COMMISSIONER STRANGE: Mr. Watkins. 11 5. And the overlay district refers itself to zoning and 12 COMMISSIONER WATKINS: Thank you, Mr. 12 not to the site design standards. So it's not the 13 Chairman. I'm going to make a stab at this and see how 13 appropriate tool to achieve the parking. 14 far we go. I would like to move approval of Z-05-001 with 14 If you were to look at the NR-4 and then 15 an overlay requiring only a duplex and parking in the 15 he'd have to conic back with a subsequent request for the 16 rear. 16 sup, then a site plan is required, and many of those 17 COMMISSIONER STRANGE: Okay. 17 things can be addressed in the site plan, But I don't 18 COMMISSIONER WATKINS: Then I would like to 18 think the overlay is going to get you where you want to 19 make another statement if I get a second. 19 go. 20 COMMISSIONER STRANGE: well, I think if 20 COMMISSIONER STRANGE: Okay. Well, I was 21 we're to the point of making motions and have no more 21 asking that question because I know we've used that 22 questions of applicants or staff, then I'm going to close 22 before. Maybe not specifically with site design, but we 23 the public hearing. And then we would be in a position to 23 have used it to restrict use. So maybe Mr. Watkins' 24 make a motion. 24 motion was too extensive. 25 So if there are no other questions I 25 COMMISSIONER WATKINS: I would like to PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 69 - Page 72 Condenselt"m Page 73 Page 75 1 withdraw it in its entirety. 1 like to just take this opportunity to thank you for what 2 COMMISSIONER STRANGE: You wish to withdraw 2 you've done for Fulton Street. 3 your entire motion? 3 I know these other people have done a lot i~ 4 COMMISSIONER WATKINS: Yes, please, sir. 4 for it, too. It has a warm place in my heart, but I can't 5 COMMISSIONER STRANGE: Okay. Would you 5 I just cannot bring myself to cost you anther $1,500.00 6 like to replace it with another motion? 6 to supposedly show people what can be built there. Thank 7 COMMISSIONER WATKINS: No, sir, 7 you, Mr. Chairman. 8 COMMISSIONER STRANGE: okay. All right, 8 COMMISSIONER STRANGE: Mr. Roy. 9 Mr. Roy. 9 COMMISSIONER ROY: There's another out here 10 COMMISSIONER ROY: I'd just like to make a 10 which would allow, perhaps, better communication. The 11 comment. I think that if I'm reading the public 11 applicant, we cannot require you to meet with the 12 correctly, I believe in hindsight that this a lot of 12 neighborhood. We can suggest that as something that's 13 this could have been resolved had there been a 13 been successful in the past and you can explain what 14 neighborhood meeting and the applicant had indicated 14 you're doing and try to get agreement from them. And 1 15 clearly what his intentions were because when I look at 15 think tabling this to a future meeting is another option 16 the the drawing that he renders, the property looks 16 here. So I guess maybe we need to hear from the applicant 17 I'm going to say a lot better than the property on either 17 whether they would rather an up or down vote, or would 18 side of it and up and down the street several blocks or 18 they be willing to accept this matter to be tabled to give 19 several houses. 19 communications a chance to work? 20 So it would be an improvement to the area 20 COMMISSIONER STRANGE.: Mr. Sclunitz. 21 which is now when I went out there, there's a boat 21 MR. SCHMITZ: 1'd be more than happy in the 22 parked there and there's cars and I'm sure it it's not 22 spirit of the neighborhood to hold a meeting. By the 23 a very attractive part of the neighborhood. Having said 23 response that we got from our mailing and the testimony or 24 that, I think we're we have a choice of either turning 24 the speaking of the neighbors tonight, I would like to y 25 this down and this property remaining a vacant lot and 25 think that maybe we've addressed, or I've addressed some Page 74 Page 76 1 undeveloped and no in-fill, or perhaps, the applicant 1 of their biggest fears and concerns and if they're assured 2 would be more lucky by going to the Council. 2 and again, we could put it in the record that we're having 3 But the I think the alternative which 3 parking in the rear and we're going to landscape the 4 I'm very reluctant to do because of the cost is to go with 4 front. 5 the NR-4 and have an sup which allows the residents and 5 If that was all they were concerned about, 6 everybody to see what's going to be done. So I'm kind of 6 in the interest of time and money, if they'd like to come 7 struggling here, but I think I'm just going to go ahead 7 forth and demand another meeting, I'll be happy to meet j 8 and go that route. 8 with then, but they may be okay with what I've shown them 9 I move that we. rezone this to recommend to 9 so far. 10 City Council to rezone this to NR-4 and the net impact of 10 COMMISSIONER STRANGE: okay. We're not 11 that would be the requirement of a sup for the applicant. 11 going to reopen a public hearing to find that out. So I 12 COMMISSIONER STRANGE: so you've made that 12 think Mr. Ray was just curious if you wish to table this 13 as a motion? 13 or if you would like for us to vote on it. 14 COMMISSIONER ROY: That's my motion, 14 MR. SCHMITZ: I think I'd like to go ahead 15 COMMISSIONER STRANGE: Do We have a second? 15 and vote. 16 We have a motion with no second. Okay. That motion 16 COMMISSIONER STRANDS: okay. Well, then 17 do we have another motion? That motion no second, will 17 thank you. And you may be seated. 18 fail, so we need another motion. Mr. Watkins. 18 MR. SCHMITZ: Thank you. 19 COMMISSIONER WATKINS: Thank you, Mr. 19 COMMISSIONER ROY: Let me try one more. 20 Chairman. I guess I can't seem to make a legal motion. 20 Would a five-minute recess work? 21 Now, this gentleman's family has owned that property and 21 COMMISSIONER STRANGE: I don't think we can 22 been on that street for well over 100 years. I knew most 22 do that with a public hearing having already been closed 23 of them, knew your dad, knew your mother, knew your 23 and allow anyone else to discuss because we cannot bring 24 grandmother. Stiff lives next door or did. And I guess 24 that back before our group, I would not think. So I think 25 it's probably getting in pretty bad shape by now. I'd 25 we would need to make a motion. And seeing no other name PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 73 - Page 76 Condensch' Page 77 Page 79 1 on the board, I will make a motion based on the fact that 1 2 there is a there are existing duplexes in the 2 3 neighborhood and up until the Development Code was done, 3 4 this area was zoned for 2-F. I would make a motion that 4 5 we would approve the zoning change to allow for duplex 5 6 construction on this lot. So 1 would make that as a 6 7 motion that we would rezone it to NR-6. Do we have a 7 8 second? 8 9 COMMISSIONER NOBLE: I'll second the 9 10 motion. 10 11 COMMISSIONER STRANGE: I have a motion by 11 12 the Chairman and a second by Dr. Noble. Any discussion? 12 13 Seeing no discussion, please vote. And the vote passes 13 14 4-2. 14 15 (COMMISSIONERS THIBODEAUX AND ROY VOTING IN 15 16 OPPOSITION.) 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 Page 78 Page 80 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 77 - Page 80 SA0ur DocumentsTlanning & Zoning)Ordinances-Resolutions\20051ZO5-OOOl.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 0. 15 ACRES OF LAND GENERALLY LOCATED APPROXIMATELY 100 FEET NORTH OF GRACE TEMPLE AVENUE, TO THE EAST OF FULTON STREET AND LEGALLY DESCRIBED AS LOT 8 OF THE COLLINS ADDITION, AN ADDITION TO 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. (Z05-0001) WHEREAS, Mr. Eric Schmitz has applied for a change in zoning for approximately 0.15 acres of land particularly described as Collins Addition, Block 1, Lot 8, (the "Property") from Neighborhood Residential 3 (NR-3) zoning district classification and use designation to Neighborhood Residential 6 (NR-6) zoning district classification and use designation; and WHEREAS, on April 27, 2005, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change is consistent with the Denton Comprehensive Plan 1999-2020 and the Denton Development Code; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The above and foregoing preamble is incorporated into the body of this ordinance as if copied, herein, in its entirety. SECTION 2. The zoning district classification and use designation of the Property is hereby changed from Neighborhood Residential 3 (NR-3) zoning district classification and use designation to Neighborhood Residential 6 (NR-6) zoning district classification and use. SECTION 3. The City's official zoning map is amended to show the change in zoning district classification. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: 0 PAGE 2 AGENDA INFORMATION SHEET AGENDA DATE: May 24, 2005 DEPARTMENT: Planning and Development Department CM/DCM/ACM: Jon Fortune, Assistant City Manager SUBJECT: Z05-0003 (Jim McNatt Honda) Hold a public hearing and consider adoption of an ordinance amending a Detailed Plan for approximately 7.4 acres within Planned Development 12 (PD-12) zoning district. The subject property, commonly known as 4050 South I-35E, is generally located 2,300 feet southeast of State School Road and I-35E frontage road intersection. A ground sign is proposed. The Planning and Zoning Commission recommends approval (6-0). BACKGROUND Applicant: Stephenson Architects Forth Worth, Texas The applicant requests approval of a Detailed Plan Amendment for Planned Development 12 (PD-12) to allow an additional ground sign similar to the existing sign on-site. The proposed ground sign, consider a pylon sign, is 22 feet in height, approximately 13 feet wide, 54.4 square feet effective area, and supported by two poles (See Attachment 5). Under the current sign regulations, the subject site is entitled to two ground signs based on the approximately 940 feet highway frontage. The proposed pylon sign complies with the maximum height, width, and effective area for a typical ground sign on this location. A comparison chart is available in the Development Code Analysis section. Public notification information is provided in Attachment 3. As of this writing, staff has received no responses property owners within 200 feet of the subject site. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (6-0). ESTIMATED PROJECT SCHEDULE This property has been platted and is subject to building permits. I PRIOR ACTION/REVIEW The following is a chronology of Z05-0003, commonly known as Jim McNatt Honda: Ordinance 78-78 - Subject property was designated as Planned Development 12 (PD-12) zoning district. Ordinance 87-084 - Approved an Amended Concept Plan for this portion of PD-12. Ordinance 2004-064 - Approved an Amended Detailed Plan / Project Plan was for the existing automobile dealership and service facility. ATTACHMENTS 1. Staff Analysis 2. Location/ Zoning & Land Use Maps 3. Notification Map & Information 4. Proposed Detailed Plan Amendment 5. Site Photos 6. April 27, 2005 Planning and Zoning Commission Minutes 7. Ordinance Prepared by: . Deborah Viera, AICP Planner II Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development 2 ATTACHMENT 1 Staff Analysis Summary of Request The applicant is requesting the approval of a Detailed Plan Amendment for Planned Development 12 (PD-12) to allow an additional ground sign similar to the existing sign on-site. The proposed ground sign, consider a pylon sign, is 22 feet in height, approximately 13 feet wide, 54.4 square feet effective area, and supported by two poles (See Attachment 5). Existing Condition of Property Adjacent zoning: North: Regional Center Commercial Downtown (RCC-D) and Regional Center Commercial Neighborhood (RCC-N) South: Planned Development 12 (PD-12) West: Planned Development 12 (PD-12) and Regional Center Commercial Neighborhood (RCC-N) East: Planned Development 12 (PD-12) Comprehensive Plan Analysis The subject site is located within a "Regional Mixed Use Center" future land use area. Regional Mixed Use Centers are intended to contain the shopping, services, recreation, employment and institutional facilities supported by and serving an entire region. A regional activity center could contain developments such as a regional shopping mall, big box retail, superstores, restaurant and entertainment facilities, a high school or community college, and high-density housing. The proposed development is in compliance with the Denton Plan. Development Code/Zoning Analysis Per Section 35-181 of Chapter 35 of the Code of Ordinances, all planned development districts shall be developed, used, and maintained in compliance with the approved detailed plan for the district. The proposed ground sign requires the amendment of the detailed plan approved in 2004. The proposed ground sign is within the standards prescribed by Sections 35.15.14.2.B and 35.15.14.2.D.2. A comparison chart summarizing the proposal with respect to the Code standards is provided. 3 STANDARDS PERMITTED PROPOSED Maximum Effective Area 250 sq. ft. 54.4 sq. ft. Maximum Height 40 ft. 22 ft. 2 signs 1 sign proposed # Of Signs per Street Frontage (1 sign + 1 sign + per fraction of 500 ft of street (1 sign existing) frontage totaling 2 signs Staff Findings 1. The proposed amendment to the Detailed Plan is consistent with the Concept Plan for Planned Development 12. 2. The proposed ground sign does not deviate from the sign regulation applicable for the subject location. Staff Recommendation Based on above findings staff recommends approval of the requested Detailed Plan Amendment for Planned Development 12. 4 ATTACHMENT 2 Location/Zoning Map NORTH t Ao y { RCR-1 1 1 N -2 * q SITE mgr - - ti Ho NR-2 RCR 1 Land Use Map ~ is ~ I+ Y - 1 I Neighborhood nt ~y _ IL ! K US PAGE f _ ~ I sting Neighhorh SITE Will Colnpa#hili He, D%mAWvvW - .RCR ` } ab" we Water Scale: None 5 ATTACHMENT 3 Notification Map NORTH SITE Ji Jul Ho a D lershi Scale: None Public Notification Date May 8, 2005 200' Legal Notices* sent via Certified Mail: 4 Number of responses to 200' Legal Notice ■ In Opposition: 0 ■ In Favor: 0 ■ Neutral: 0 Percent of land within 200' in opposition- 0% *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 6 ATTACHMENT 4 - r - i- E o z a - } a z = w a 1 2! h + - r ~ Q~ a - -~y }~d 4 Cam] w ~9 W r r w v TT ( ~.r'.r ~ ~7 ..F~~IT 17.,x• r fi I ~ - - - - - - - - - - - r• n _ ~~C~A W k••° } LLL au+~x ivua~ ' + s } W t.0 o _ e LQ!!!yyy I eo~~ * 3 [ ~ _ W\ 7 ATTACHMENT 5 SITE PHOTOS Sr~.r. Cwxr _ ED. , r r. 20NlNG CfiANGF RFRLIES i }`l] v- - - PUB1.1C rH!AWNG - - 9d0.349-n350 View from 1-35E frontage Road s i CondenseItTm Page 81 1 COMMISSIONER STRANGE: Next item for public 2 hearing would be Item No. D, which is an amendment to the 3 Detailed Plan for Planned Development 12, PD-12 zoning 4 district for approximately 7.4 acres. Ms. Viera. 5 MS. vIERA: Good evening once again. The 6 applicant is proposing to amend a detailed plan for 7 Planned Development 12, specifically for the existing Jim 8 McNatt Honda car dealership. 9 The applicant is proposing to add an 10 additional sign to the site. The detail plan approved in 11 2004 included one ground sign. At this point, the 12 applicant wants to add additional one. According to the 13 sign regulations, this site will be entitled to have two 14 ground signs. The proposed signs meets all of the 15 requirements of all setbacks, maximum effective area and 16 maximum height, and staff is recommending approval. 17 COMMISSIONER STRANGE: Does anyone have any 18 questions of staff? This is a public hearing. So we'll 19 open the public hearing. Is the applicant here? And if 20 so, do you wish to speak? 21 APPLICANT: If anyone has any questions, 22 I'll be happy to answer them. 23 COMMISSIONER STRANGE: Do you wish to 24 speak? 25 APPLICANT: NO. I don't have a prepared Page 82 1 statement. 2 COMMISSIONER STRANGE: Okay. Does anyone 3 have any questions of staff or the applicant? There are 4 no other cards that have been presented so we will close 5 the public hearing. Mr. Watkins, did you want to say 6 something before I close the public hearing? 7 COMMISSIONER WATKINS: I had a motion. 8 COMMISSIONER STRANGE: Okay. The public 9 hearing is closed. And Mr. Watkins. 10 COMMISSIONER WATKINS: 1'd like to move 11 approval of Z-05-0003. 12 COMMISSIONER STRANGE: Do we have a second. 13 COMMISSIONER ROY: Second. 14 COMMISSIONER STRANGE: We have a motion by 15 Mr. Watkins, a second by Mr. Ray. Any discussion? 16 Please, vote. Vote passes 6-0. That concludes our public 17 hearing section of our Agenda. Are there any the next 18 item is any future agenda items. Does anyone have any 19 future agenda items? If not, we'll declared the meeting 20 closed. 21 (End of proceedings.) 22 23 24 25 PLANNING AND ZONING MINUTES APRIL 27, 2005 Page 81 - Page 82 pp- DOCUMFNTSTLANNING & ZONINGIOrdinances-Resolutions120051Z05-0003.doe ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES 2004-064, 2001-149, AND 87-084 TO ALLOW AN ADDITIONAL GROUND SIGN ON LOT 1 BLOCK A OF THE MCNATT ADDITION PHASE 2 WITHIN PLANNED DEVELOPMENT 12 (PD-12) ZONING DISTRICT AND LAND USE CLASSIFICATION; SAID LOT 1 BLOCK A OF THE MCNATT ADDITION PHASE 2 CONTAINS APPROXIMATELY 7.4 ACRES; PROVIDING FOR A SAVING CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ZO5-0003) WHEREAS, on May 5, 1987, by Ordinance 87-084 the City Council approved an amended Concept Plan for 43.4 acres of land located within Planned Development 12 (PD-12) zoning district, as more particularly described therein; and WHEREAS, on April 3, 2001, by Ordinance 2001-149, the City Council approved a Detailed Plan/Project Plan for 15.02 acres of land within Planned Development 12 (PD-12) zoning district; and WHEREAS, on March 2, 2004, by Ordinance 2004-064 approved an amendment of the Detailed Plan/Project Plan for approximately 15.02 acres of land within Planned Development 12 (PD-12) zoning district; and WHEREAS, on March 16, 2005, Al McNatt submitted an amendment of the Detailed Plan for approximately 7.4 acres of land located within Planned Development 12 (PD-12) zoning district and particularly described as Lot 1, Block A of the McNatt Addition Phase 2 with the intent of erect an additional ground sign, said amended Detailed Plan being on file in the offices of the City's Planning Department, a copy of which is attached hereto and made a part hereof as Exhibit "A" (the "Amended Detailed Plan); and WHEREAS on April 27, 2005, the Planning and Zoning Commission concluded a public hearing as required by law, and recommend approval of the requested amendment to the detailed plan; and WHEREAS, the City Council finds that the amendment to the concept plan is consistent with the Planned Development 12 (PD-12) and the Comprehensive Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. Ordinance No. 2004-064, providing approval for the amendment of the Detailed Plan/Project Plan of 15.02 acres, is amended by the approval of a Detailed Plan attached hereto as Exhibit "A" and incorporated herein by reference. Page 1 of 3 SAOUR DOCUMENTSTLANNING & ZONINGIOrdinances-ResoluUc)ns120051Z05-0003.doc SECTION 3. The provisions of this ordinance as they apply to the amendments herein approved, shall govern and control over any conflicting provisions of Ordinances No. 2004-064, No. 2001-149, and No. 87-084 but all the provisions of Ordinances No. 2004-064, No. 2001-149, and No. 87-084 as they apply to the regulations of the district not herein amended, shall continue in force and effect and shall apply to the remainder of said district. SECTION 4. A copy of this ordinance shall be attached to Ordinances No. 2004-064, No. 2001-149, and No. 87-084 showing the amendment herein approved. SECTION S. 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 6. 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 7. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance 'to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City ofDenton, 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: Page 2 of 3 SAOUR DOCUMENTSTLANNING & ZONING\Ordinances-Resolu€ions120051Z05-0003.dcc APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: r~ f l Page 3 of 3 3 4 N o W o Z z N Z (L w w lil Y 6~ ~ Z ao ~ ~ = z q ww w w Q .~y w¢ a U M Z a~ N Q W ° U Z ° Q Cu z ~ r ~n y~i~ _ ~ 18 a isEi 49 r a AGENDA INFORMATION SHEET AGENDA DATE: May 24, 2005 DEPARTMENT: Planning and Development Department CM/DCM/ACM: Jon Fortune, Assistant City Manager SUBJECT: ADP05-0001 (Anderson Merchandisers) Consider adoption of an ordinance concerning an Alternative Development Plan for tree canopy coverage for a distribution warehouse on approximately 30 acres located in an Industrial Centers Employment (IC-E) zoning district. The property, commonly known as 2900 Airport Road, is generally located west of 135 West and north of Airport Road. The Planning and Zoning Commission recommends denial (5-1). BACKGROUND Applicant: Robert C. Schneider Denton, Texas The purpose of an alternative development plan is to provide an option for developments that do not meet the site design standards in the Development Code and that meet or exceed the objectives of the Denton Plan and Development Code. The applicant is proposing to vary from the site design standards regarding tree canopy coverage. The zoning district determines the landscape and tree canopy requirements. Developments in the Industrial Centers Employment Center (IC-E) district require 20% landscape area and 20% tree canopy coverage. The applicant originally proposed approximately 10.12% tree canopy coverage and 21.43% landscape area. At the May 3, 2005 City Council meeting, Council continued this project to allow additional time for further discussions. Applicant has submitted a revised application that achieves the following: Applicant will plant 82 new trees resulting in a 14.58% canopy coverage. The required site tree canopy coverage is 20%. To achieve a 15% tree canopy coverage, applicant could pay into the Tree Fund to cover the difference between the 15% goal and the 14.58% coverage. The difference, 0.42%, represents 3.2 trees, valued at an $800 contribution to the Tree Fund. Staff did not change the content of the Staff Analysis for this report since it reflects the work prepared earlier for the original application and the Planning and Zoning Commission. Staff will discuss amendments to the Development Code that would allow 15% tree canopy coverage for industrial uses in a work session with the Planning and Zoning Commission on May 25. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. 1 RECOMMENDATION The Planning and Zoning Commission recommends denial (5-1; Commissioner Roy opposed, Commissioner Guzman-Ramon abstained). ESTIMATED PROJECT SCHEDULE The subject property is preliminary and final platted. A building permit for the expansion was issued on September 30, 2004. Target completion date is late spring / early summer 2005. PRIOR ACTION/REVIEW The following is a chronology of ADP05-0001: May 3, 2005, the City Council continued the discussion on agenda item 5A to date uncertain. April 13 2005, the Planning and Zoning Commission recommends denial of an Alternative Development Plan for tree canopy coverage for a distribution warehouse. Ordinance 2002-040, adopted February 2002, placed the subject property in the IC-E zoning district. Prior to the adoption of the Development Code (Ordinance 2002-040), the property was zoned (LI) Light Industrial. ATTACHMENTS 1. Staff Analysis 2. Location Map 3. Code Compliant Landscape Plan 4. Alternative Development Landscape Plan 5. Site Photos 6. Applicant's Letters with Landscape Exhibit and Photos 7. Planning & Zoning Commission Meeting Minutes, April 13, 2005 8. Revised landscape plan dated 5-5-05 9. Revised Draft Ordinance Prepared by: N o ►na- E pA u Klcu Nona Elaine Muncie Landscape Administrator Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development 2 ATTACHMENT 1 Staff Analysis Summary of Alternative Development Plan Request Landscape and Tree Canopy Requirement Table: Section 35.13.7 states that the zoning district determines the landscape area and tree canopy requirements. The applicant is proposing to plant less trees than previously approved on the code compliant landscape plan submitted for Building Permit approval. At the time of Building Permit application submittal, applicant notified staff of his intent to request ADP approval to plant less trees on site. Instead of planting 141 trees, the applicant is proposing to plant 51 trees. The table below identifies the required and proposed tree canopy coverage. Payment into the Tree Fund in lieu of on-site planting is based on the fair market value of materials and labor at the time of planting and the reasonable estimated cost for maintenance and irrigation for a period of 3 years. For 2005, the cost per tree has been established at $250 for a 2" caliper tree. $250 x 90 trees = $22,500. Required Proposed Difference Site tree canopy coverage 20% 10.12% 9.88% f decrease Site landscape area 20% 21.43% 1.43%f increase Existing Condition of Property Adjacent zoning: North: IC-E South: IC-E West: IC-E East: IC-E The subject property is currently developed as an existing distribution warehouse. Comprehensive Plan Analysis The subject site is located in an Industrial Centers future land use area. Industrial Centers are intended to provide locations for a variety of work processes and work places such as manufacturing, warehousing and distributing, indoor and outdoor storage, and wide range of commercial and industrial operations. The industrial centers may also accommodate complementary and supporting uses such as a convenience shopping and childcare centers. Adequate public facilities shall be a criterion by which zoning is granted. 3 Development Code/Zoning Analysis The proposed plan deviates from the tree canopy requirements established by the Development Code. Section 35.13.5.A. identifies the criteria for approval of an Alternative Development Plan. A. Criteria for Approval. The goals and objectives which must be met, and by which the proposal will be judged are: 1. Preserve Existing Neighborhoods. 2. Assure quality development that fits in with the character of Denton. 3. Focus new development to activity centers to curb strip development and urban sprawl. 4. Ensure that infrastructure is capable of accommodating development prior to the development occurring. Staff Findings: 1. The proposed alternative development landscape plan will provide an attractive treescape along Airport Road. The existing landscape is well maintained year round. 2. Warehouses require relatively large, unobstructed paved areas for truck maneuverability. Staff agrees with applicant that the area dedicated for future warehouse expansion should not be planted for this phase's tree canopy requirement. 3. The proposed development is located in an Industrial Centers Employment zoning district. Staff agrees with applicant that surrounding similar businesses have fewer trees than the current Anderson Merchandisers. It is important to remember the surrounding businesses were built under a different landscape code. 4. The applicant is able meet the requirements of the code as demonstrated in the approved Building Permit landscape plan. Staff does not agree there is an insufficient amount of root space for the trees along Airport Road. Staff does recommend replacing the 14 new Live Oaks to be planted as street trees along Airport Road with 14 shorter growing trees with a maximum mature height of 20 feet. Planting Redbuds or Ornamental Pears adjacent to overhead electric lines minimizes the tree pruning / line conflicts that results in larger trees such as Live Oaks being planted beneath lines. 5. Other than offering to plant 1.43% more landscape area than required, the proposed landscape plan does not offer any alternative compromises to exceed the design objectives for approval of an alternative development plan. 6. The proposed reduced tree canopy and the applicant not utilizing his option of making a payment into the Tree Fund in lieu of on-site planting does not meet the intent of the regulations of the Denton Development Code. 4 ATTACHMENT 2 Location Map NORTH sW m pC.Gi SITE IC-E IC-G c{ it NR-2 r 7 7 s J' t ~ SITE 5 L' osoes~ze ~a s 9rus W-ZO-60 ,aaeP _ 6 ~.o. Sb'X31 NOLPJ3CI ;h l1J ~ ~ . ai~7wv P e - q P dnoin 3,a6ia ® NOISNM - ?SVHd s :nq Adde ~ r 6LIwaa, - S1N3W.H/~O~dWI3ddaSONtfI 3S OHRVM N0R9GNd Me ~ ° r ` I t J.~ m i 3 w, a _ ° raw ~ y N 0~ I iE - 2 ~ w I P, f I LL LL II , IPJI~ . y. r - o - - - - o I a m 2 o r I y i it 3 - o W I u I - i V Ji' ~~M P s P b I ~~€11k / (mo"i forma-InV,6',A) ..A - SLSI 1~~ I y p z I ® P - - - ®I~ o d P I I _ ~3 € I ~ gg@ l u P w~ 6 g I ~ I kl~- wE LL@ F- ¢ a ' Q a r ~ _ S ~I j 3 t ~ w u. ~i P III 0 w n I O I ~w r ~ U P II u I I I~ r rI , w ~ II 5a = z o, P - ~ _ ~ II g LLJ L. w ti; f 1 N r Attachment 5 SITE PHOTOS s: c r - Peterman & Associates Inc. LANDSCAPE CONSTRUCTION • MANAGEMENT - EROSION CONTROL Jars Muckella Horticulturist Project Manager March 17, 2005 Nona Elaine Muncie - Landscape Administrator City of Denton City Hall West 221 North Elm Denton, Texas, 76201 RE: ADP • Anderson Merchandisers • 2900 Airport Road • Denton, TX This letter serves as the response to the Development Review Comments dated February 25, 2005 Water Sewer W L Fence on east side of property will need to be moved out of water line easement. Response: The fence on the east property line is along the property line not in their easement. This is Addressed in construction drawings. W2. Gates will need to be installed in north fence line for access at locations where the fence line crosses the public utility easement. Response: Anderson Merchandisers will install a gate to allow access to the water line easement W3. Expansion of the building will require the abandonment of the 6" line that currently runs behind the north end of the building. A new water line will need to be extended to make a complete loop around the expanded building. Response: Addressed in construction drawings. W4. No new trees are permitted in the public utility easement. Response: Due to lack of alternate planting areas trees will need to be planted in this area. Trans-A No comments Real Estate No comments Parks No comments Landscape L1. Building Permit 0405-0194 was issued on 9-30-04. Applicant is requesting relief from the 20% tree canopy requirement. L2. ADP is tentatively scheduled for March 23rd P&Z meeting. W. Staff will recommend ADP approval with the following 3 conditions: a. A payment will be made into the tree fund in lieu of planting the total number of trees required to meet the 20% tree canopy requirement. The amount of the payment will be based on the fair market value of the trees and labor at the time of planting and the reasonable estimated cost of maintenance and irrigation for a period of 3 years. P.O. Box 531807 • Grand Prairie, TX 75053 • Phone 9721263-3500 • Fax 9721642-8850 Peterman & Associates Inc. Page 2 of 2 b. Project manager will work with the applicant to agree upon the number of trees and the cost of the trees to be used for calculations for the amount to be paid into the tree fund. This amount will be agreed upon prior to setting the P&Z date. c. The proposed new Live Oaks are replaced with a smaller growing species as noted in DME comments. Response: A sufficient amount of planting space is not available for the trees required in the code. The areas dedicated for future development should not be planted since the plant material may be demolished during future construction. Currently those spaces are open green space. This is demonstrated in the landscape exhibit dated 3-I7-05. The surrounding similar businesses are landscaped far less than the current Anderson Merchandisers site. This is demonstrated in photos attached dated 3-17-05. Anderson Merchandisers is proposing to increase the landscape of the current site as demonstrated in the original ADP submittal plan. The proposed landscape increases the maintenance cost for Anderson Merchandisers well above that of the surrounding businesses. Paying into a tree fund also adds economic burden that contradicts Anderson Merchandisers ability to be a low cost provider of goods. It is important to Anderson Merchandisers that the city in which it operates facilitate its ability to be a low cost provider. Therefore Anderson ' " Merchandisers asks that the proposed plan be approved -as is and that the burden of paying into the tree fund be relieved. L4. Submit 5 sets of revised drawings for review. Revisions should be folded to 8 1/2 x 11 size with the bottom right hand corner showing. Review of revisions will require a maximum 5-day staff review time. L5. A cover letter, addressing each staff review comment individually, must be provided in order for re-submittals to be accepted for Commenting Department review. The cover letter must include the following information: restate each comment posted by staff; respond to each comment with a description of the revision(s) made to satisfy the comment and the page where the revision(s) may be located; identify any additional changes/revisions made to the document, other than those required by staff, or a statement should be provided that "no additional changes have been made." If a cover letter is not provided, or fails to include the required information, the re-submittal will not be accepted. Please contact me if you have questions concerning these instructions. Fire - No comments Electrical DME 1:The landscaping plan shows Live Oaks being planted next to the existing overhead electric line in 1515 right-of-way. DME objects to the planting of large trees near overhead electric lines-that will eventually have to be trimmed Response: Live Oaks were proposed to be planted in this area to increase the shade coverage desired by the City of Denton. Ornamental trees will not provide as much shade as on ornamental tree. Submitted by: on Mitchella Project Manager P.O. Box 531807 • Grand Prairie, TX 75053 • Phone 972/263-3500 • Fax 9721642-8850 Anderson Merchandisers a } . f r 7:4 - ~ 1 .y Other Airport Road Properties ~'~=fir. _ I 11 !114 C 71- .3 I - i I f I I I, I E . Peterman & Associates Inc. LANDSCAPE CONSTRUCTION • MANAGEMENT" • EROSION CONTROL Jon Mitchella Horticulturist Project Manager January 19, 2005 Planning and Development Department City of Denton City Hall West 221 North Elm Denton, Texas, 76201 RE: ADP • Anderson Merchandisers • 2900 Airport Road • Denton, TX To whom it may concern: This letter serves as a request for an Alternative Development Plan for the landscape requirements at Anderson Merchandisers. The request is based on the following reasons. 20% shade requirement is too high for this type of site use. In order to remain competitive, distribution centers must utilize the property so that revenue generating space is maximized. Reserving 20% of the site for shade trees does not allow for efficient property use. The alternative is to plant the same number of trees closer together to meet the cities tree quantity requirements. This alternative planting of trees so that the canopies touch will create so much shade that turf growth will be inhibited leaving exposed soil. This is not only unsightly it also increases soil erosion. It is our understanding that there have been others to dispute the 20% shade requirement. During the 1998 construction the landscaping was in compliance with the code. The code has changed since the 1998 construction. Expansion of the building is causing the entire site landscaping to meet the new code criteria not just the expanded area. Anderson Merchandisers has been proactive in saving existing trees in current landscaped areas. In fact the medians in the parking lot were widened in order to save these trees. No trees were removed for the expansion. The entire expansion is being built on land that contained no trees and was not a part of the existing landscape-irrigated area. Anderson Merchandisers is one of the top industrial projects in Denton. It is an asset for the city to showcase in recruiting new tax generating companies to locate in Denton. Anderson Merchandisers has always maintained the site in excellent condition and is committed to doing so in the future. P.Q. Sox 531807 • Grand Prairie, TX 75053 • Phone 9721263-3500 • Fax 9721642-8850 Peterman & Associates Inc. Page 2 of 2 The south side of the building faces FM 155 with 400 linear feet of the building facing the street, the north side faces an open field. The east and west sides of the building have 1,000 linear feet that faces a rail line to the east and a creek that is lined with native vegetation and trees to the west. The proposed plan will double the shade of the existing landscape while the building will only be expanded by 38%. The Denton Development Code 35.13.5 list four criteria for Alternative Development flan approval. The project is an expansion of a distribution facility in an existing distribution district. The proposed plan meets the all of the criteria of preserving existing neighborhoods, assures quality development that fits into the character of Denton, focuses new development to activity centers that curbs strip development and urban sprawl, and the infrastructure is capable of accommodating the development. We propose to increase the tree count on the property to accommodate additional shade but also allow a heelthy stand of turf. The proposed plan also increases the curb appeal of the site. It is our opinion that this proposed plan addresses the City's desire to increase shade, maintain curb appeal, and address the competitive market concerns of Anderson Merchandisers. Thank you for your consideration. Sincerely, tecIn tc ella t Manager P.O. Box 531807 -Grand Prairie, TX 75053 • Phone 9721263-3500 • Fax 9721642-8850 CondenseIt"m Page 3 1 PROCEEDINGS 1 To summarize the information that's 2 COMMISSIONER STRANGE: I,11 open the April 2 available in your backup, this is the site. This is 3 13th meeting of the Planning and Zoning Commission. There 3 Anderson Merchandisers. Here to the left here to the 4 is a quorum of members present and I would like to ask you 4 right is Peterbilt, and this is Victor. And these are the 5 to join with us in the Pledge to the flags. 5 uNT Facility Maintenance Buildings. The zoning detennines 6 (Thereupon, the Pledges of Allegiance were 6 the landscape and the tree canopy coverage. ICE requires 7 recited.) 7 20 percent landscape area and 20 percent tree canopy 8 COMMISSIONER STRANGE: The next iWin on the 8 coverage. 9 Agenda would be consideration, approval of the minutes of 9 Anderson Merchandisers is proposing to 10 the March 23rd, 2005 meeting of the Planning and Zoning 10 exceed the landscape area requirement by 1.43 percent but 11 Commission. Do I have a motion? 11 reduce the tree canopy coverage by 9.88 percent. Anderson 12 COMMISSIONER WATKINS: Motion to approve as 12 Merchandisers is proposing to plant 90 fewer trees than 13 read. 13 required by code. This is the building permit landscape 14 COMMISSIONER HOLT: second. 14 plan. The owner and the developers, they met with City 15 COMMISSIONER STRANGE: I have a motion by 15 staff early on during the construction plan review to 16 Mr. Watkins and a second by Mrs. Holt. Please vote. Vote 16 discuss the tree canopy requirements for the warehouse 17 passes 6-0. And I will point out that it does have Ms. 17 expansion. 18 Emma Gouzman-Ramon listed tonight as a Commissioner. She 18 The owner decided to submit a code 19 will be our new P and Z Commissioner that will come in to 19 compliant landscape plan in order to pull the building 20 fill a term, but she has not yet been sworn in. We 20 permit and advised City staff at that time they would be 21 thought she had, but she had not, so she will be in 21 requesting relief from the planting of the 20 percent tree 22 attendance tonight as an observer and will not be voting. 22 canopy requirement. And that's why we're here today. 23 The next item on the Agenda is the Consent 23 This plan shows 141 trees and this plan 24 Agenda. All items listed on the Consent Agenda have been 24 shows 51 trees. This is the Alternative Development Plan. 25 reviewed by the Planting and Zoning Cotntnissioners prior to 25 The applicant is proposing to plant a single row of trees Page 2 Page 4 1 tonight's meeting in a work session and each Commissioner 1 in between the existing Live Oaks. The open circles that 2 has had an opportunity to ask any questions of staff that 2 you see are the are the existing trees and the 3 they have on the Consent Agenda items, and we will vote 3 shaded-in circles are the trees, the new trees to be 4 for all of those Consent Agenda items at one time. Do I 4 planted. And the main difference between the building 5 have a motion on the Consent Agenda? 5 permit plan and the ABP plan are the trees along Airport 6 COMMISSIONER HOLT: I move approval. 6 Road and then the trees along the entrance to this drive 7 COMMISSIONER WATKINS: second. 7 that wraps all around the warehouse to the docks. 8 COMMISSIONER STRANGE: I have a motion by 8 To prevent planting future problems, City 9 Ms. Holt, and a second by Mr. Watkins. Please vote. And 9 staff is encouraging shorter trees along here to fill in 10 the vote passes 6-0. 10 with a row of Live Oaks. Instead of planting Live Oaks, I I The next item is an individual 11 the staff reconunends a tree with a maximum mature height 12 consideration and is a consideration of an Alternative 12 of about 20 feet because you don't want to plant tall 13 Development Plan for tree canopy coverage for distribution 13 trees that have a potential of growing into the lines. 14 warehouse on approximately 30 acres of land located in an 14 In conclusion, the staff findings arc that 15 Industrial Center's Employment Zoning District. Ms. 15 Anderson Merchandisers has an existing landscape that is 16 Muncie will be making a presentation. 16 well maintained year-round. This is the entrance to 17 Ms. MuNcm: Good afternoon, I'm Nona 17 Anderson Merchandising. 18 Elaine Muncie. I'm the landscape administrator. And I'm 18 These are the trees along Airport Road. 19 also the project manager for this case. Anderson 19 Warehouses need large, unobstructed paved areas to 20 Merchandisers is proposing to vary from the required 20 20 maneuver the large trucks. This grass area right here is 21 percent tree canopy coverage. The applicant is proposing 21 where the new street trees will be planted. And City 22 to plant approximately I0.12 canopy coverage. Jon 22 staff feels that there's adequate room to plant new 23 Mitchella, the project manager, representing the applicant 23 additional trees here and it will not conflict with the 24 will be able to speak on behalf of the Anderson 24 truck traffic or the utility lines. 25 Merchandisers. 25 This is the expansion of the warehouse. PLANNING AND ZONING MINUTES APRIL 13, 2005 Page 1 - Page 4 Condenselt'T'I Page 5 Page 7 1 Victor and Peterbilt and the existing Anderson were all 1 And since there's the surrounding areas is not 2 built under a previous Code that required less trees, but 2 residential, it's all commercial and is all warehouse, 3 any expansion that is over 50 percent which would be the 3 they just feel that the 20 percent is too high, and 4 entire site to be Code compliant. The applicant is able 4 they're asking for the reduction. And that the cost 5 to meet the requirements of the tree canopy as 5 associated with that cost is too high for them, also. 6 demonstrated and submitted in their building permit, 6 They're also a low cost provider, and that they have to 7 landscape plan, 7 maintain that to be competitive. 8 Other than planting 21.43 percent 8 One of the things we did when we planted on 9 landscaped area, instead of the required minimum 20 9 that slope originally, and one of the problems we have and 10 percent landscape area, the proposed landscape plan 10 another reason we would like not to plant there is that is 11 doesn't offer any alternative compromises to meet the 11 almost solid rock, and it was very difficult planting 12 design objectives for the approval of an ADP, 12 there. We were able to do it. We had to get rock picks 13 The applicant is also not utilizing his 13 out there to dig into it and then add a lot of soil 14 option of making a payment into the tree fund in lieu of 14 amendments to do it. Planting more trees in that area is 15 the on-site plantings. And based on the above 15 just going to complicate the competition between trees, 16 information, staff is recommending denial of this ADP. 16 making it more difficult for the water water situation 17 I'll be happy to answer any questions. 17 there to be maintained for both sets of trees, that we've 18 COMMISSIONER STRANGE: Does anyone have any 18 doubled the munber of trees in that area. 19 questions to add? Mr. Roy. 19 It also planting that many trees in that 20 COMMISSIONER ROY: what is the approximate 20 area we believe will limit the ability of the turf to stay 21 amount of money for the alternative, to pay into the tree 21 healthy, and then you'll end up with a sparse turf, which 22 fund? 22 is not very desirable in its appearance for the future. 23 MS. MUNCIE: $22,500.00. it's based on the 23 And the little bit of soil we do have there could be 24 cost per tree and the 90 trees figured at $250.00 is the 24 eroded away at that point once you begin to lose the turf, 25 $22,500.00. 25 it just will not be held in place. Page 6 Page 8 1 COMMISSIONER ROY: Thank you. 1 In the planning, they did make sure that 2 COMMISSIONER STRANGE: Any other questions? 2 they did not remove any trees from the site that were 3 MR. MUNCIE: Mr. Mitchella will come and 3 existing that we did plant. The parking lot was actually 4 speak on behalf of Anderson. 4 reconfigured at one paint to save the trees in the islands 5 MR. MITCIIELLA: My name is Jon Mitchella. 5 that were existing in the parking lot, And so we'd like 6 1 work for Peterman & Associates. We are the landscape 6 to take that into consideration. There were also no trees 7 contractor for Anderson Merchandisers. We installed the 7 removed for the expansion of this property, also. 8 initial landscaping. 8 So any tree built on this property or 9 COMM[SSIONER STRANGE: Can we have your 9 any tree planted an this property is in addition to what 10 address, please? 10 was there at any time. The otber thing is since the ADP 11 MR. MITCHELLA: Pardon? 11 comments conunents came back after the plan was 12 COMMISSIONER STRANGE: Your address as 12 originally approved. They said they really don't want the 13 well, please. 13 trees planted in that easement because of the power lines, 14 MR. MITCEIELLA: It's 3001 East Avenue K in 14 So it seems to them that, you know, we would be willing to 15 Grand Prairie, Texas, 15 go with the smaller trees, however, it's kind of a win-win 16 COMMISSIONER STRANGE: Thank you. 16 situation since the City particularly doesn't want the 17 MR. MITCHELLA: we were the landscape 17 trees there. We might as well plant about half of what 18 contractor that installed the initial about eight years 18 was there originally and what is proposed in the original 19 ago and we have maintained the property since its 19 plan based on the staff comments in the ADP. 20 inception, and there is a commitment by Anderson 20 And as far as paying to the tree fund, 21 Merchandisers to continue the maintenance as we have done 21 Anderson already pays approximately a million dollars in 22 so far. 22 taxes a year into the City and to other taxes. And they 23 The reason that they're asking for this ADP 23 just feel that that is more than enough. And another 20, 24 is Anderson feels that the requirements for the trees is 24 $22,000.00 just seemed exorbitant to them, in their 125 too high for the type of business that is located there. 25 opinion, on that. And that's pretty much is our PLANNING AND ZONING MINUTES APRIL 13, 2005 Page 5 - Page 9 Condenselt' Page 9 Page 11 1 standpoint. I do have one presentation show. This is the 1 to speak, the smaller trees. They're real nice 2 site. It shows it colored on there. And it does show the 2 MR. MITCHELLA: Right. 3 green areas versus the pavement. You can see the site is 3 COMMISSIONER WATKINS: but that's not 4 primarily pavement, what they're going to have on there. 4 the native trees in that area. 5 And so there's just not a lot of room to 5 MR. MITCHELLA: we did add trees in that 6 add a lot of trees in the back, especially since that is 6 area. And those are the ones we had to dig into the rock 7 future development, They don't want to be back there 7 to get those to live. And they have grown at a much 8 because they don't know what that's going to become. But 8 slower rate than we normally would expect in the tree - 9 they have maintained green areas in as many areas as they 9 in that eight-year period that we nortally do. 10 can. 10 The native trees, there are a few up around 11 And as far as planting any trees along 1 I the sign, right up around this area, there's just a few 12 these areas, it becomes a problem with trucks backing into 12 native trees that are still there. 13 those areas and also, as those canopies begin to grow over 13 COMMISSIONER WATKINS: okay. But you're 14 into them, then they have to be hedged across, and it's 14 the landscape person so you would know how much dirt you 15 not just doesn't work well. 15 had put in on the initial as well as this? 16 Same situation occurs over here along the 16 MR. MITCHELLA: Correct. 17 driveway where you just there's not room to plant there 17 COMMISSIONER WATKINS: Thank you so much. 18 either. In the future development, they don't want to 18 MR. MITCHELLA: uh-huh. 19 plant because they don't know what's going to happen. So 19 COMMISSIONER STRANGE: Mr, Roy. 20 the only place left is along that area right there. And 20 COMMISSIONER ROY: t have a question for 21 that presents the other problems that I've previously 21 staff if you wouldn't mind just hanging on a minute to 22 discussed, Is there any questions? 22 actually two questions for staff, Somebody at staff. 23 COMMISSIONER STRANGE: Mr. Watkins. 23 Approximately a year or so ago, we represented another 24 COMMISSIONER WATKINS: Thank you, Mr. 24 warehouse case. I recall it being Russell Newman on 25 Chair. You say the are there any trees there that were 25 McKinney Avenue. And that was before the tree ordinance Page 10 Page 12 1 original before any buildings were built? 1 was enacted, but there were some issues there and we made 2 MR. MITCHELLA: There are some trees that 2 some concessions there. So could you remind me what 3 were saved along the frontage and they were right right 3 concessions we made in that case? 4 in this area. There's a group of existing trees right 4 MS. MuNCtE: The Russell Newman ADt' came on 5 now. As far as the rest of the site, I don't believe 5 February the 25th, 2004. It was in an ECt zoning district 6 there were, but I'm not 100 percent sure about that. 6 that requires 15 percent landscape and 30 percent tree 7 COMMISSIONER WATKINS: There's a good bit 7 canopy coverage. The applicant was requesting to go down 8 of prairie not far from that across the interstate at 8 about 50 percent. And staff recommended denial, P & Z 9 least? 9 approved it 5-2. And City Council approved it 7-0. 10 MR. MITCHELLA: Right. 10 COMMISSIONER ROY: All right, You quoted l I COMMISSIONER WATKINS: Okay. And so it's 11 several numbers there. Put that in context with what 12 your contention then that the white stone that's just 12 Anderson is asking for. 13 under the black clay is a major factor in this? 13 MS. MUNCIE: Russell Newman was asking to 14 MR. MtTCHELLA: It really is. It is very 14 decrease their tree canopy coverage, about 50 percent and 15 difficult to plant in that, get those trees that stone 15 it came to P & Z and P & Z approved it 5-2 and then City 16 the tree just doesn't want to grow there. We can get 16 Council approved it 7-0. And it was approved to plant 17 them to with enough time. But the cost of doing that is 17 fewer trees at Russell Newman. is quite high because you just have to increase its root size 18 COMMISSIONER ROY: okay. One other 19 and it's just a very difficult situation. And when you 19 question. In the items we're going to be discussing 20 plant that many trees in a different situation, the 20 later, there was about Code concerns, there was an item 21 competition among trees becomes an issue, also, of trying 21 that says that the Council has raised concerns about our 22 to keep theirs all healthy. 22 landscaping requirements for warehousing situations. 23 COMMISSIONER WATKINS: okay, The picture I 23 Could you tell me a little bit more about what Council is 24 saw a while ago, the berm up here to be something that had 24 concerned and what they're thinking. 25 been brought in. That didn't look original elevation, so 25 Ms. MUNCIE: I can't speak to that. Larry PLANNING AND ZONING MINUTES APRIL 13, 2005 Page 9 - Page 12 Condenschm Page 13 Page 15 1 will. 1 COMMISSIONER NOBLE: So with the straight 2 COMMISSIONFR STRANGE: Mr. Reicl-ihart. 2 row, I guess 3 MR, REICHHART: Thank you. That concern 3 MR. MITCHELLA: well, a single row. It's 4 was raised after the Russell Newman case. And the issue 4 really not a straight row, a single row, 5 was to take a look at our industrial standards to see if 5 COMMISSIONER NOBLE: Or a single row, 6 they were requiring too much tree canopy for industrial 6 basically, you're filling that single row will get you 7 sites basically. 7 that 51 trees? 8 COMMISSIONER ROY: And we haven't quite got 8 MR. MITCHELLA: Correct. And we're also 9 around to that? 9 adding the trees over here and the interior, also. 10 MR. REICHHART: we have not gotten to it. 10 COMMISSIONER NOBLE: Okay. And my second 11 COMMISSIONER ROY: Yeah, okay. Thank you. 11 question is, do you have the same type of potential 12 May I ask one more question now of the applicant? 12 problems that you're describing with the landscaped area 13 COMMISSIONER STRANGE: Yes, sir. 13 as you do with the trees? And the reason why I'll] asking 14 COMMISSIONER ROY: The Way I understand 14 that is, you know, you're proposing to add to increase 15 your plan, you're going to be extending well, I guess, 15 the requirement for the landscape. I mean, is that 16 to the north really, is that right? This is upside-down a 16 problematic for you or not? 17 little bit, perhaps? 17 MR. MITCHELLA: No, it's not. And the 18 MR. MITCHELLA: Right. 18 reason is the 21 percent or excuse tne, whatever that 19 COMMISSIONER ROY: Is this like the end of 19 percentage is. I don't know right now. It's pretty much 20 your expansion? Have you come to the end of your property 20 the turf area, so we're not really expanding the existing 21 line or is this just 21 turf area. That's already in place. The landscape that 22 MR. MITCHELLA: The expansion right now is 22 is increasing are these islands that are out here in the 23 this area right here. That is the current expansion. 23 parking lot, and so those will be excavated and will be 24 Future expansion will come all of the way out to here. 24 able to be brought up to curb level, so you'll have 25 COMMISSIONER ROY: So there's something in 25 considerable amount of soil in those areas. So we don't Page 14 Page 16 1 the works for later? 1 anticipate the problems there. 2 MR. MITCHELLA: Possibly. It's not 100 2 COMMISSIONER NOBLE: Thank yoo. 3 percent. It just depends on their needs. 3 COMMISSIONER STRANGE: Any other questions? 4 COMMISSIONER ROY: okay. Thank you. 4 I have just one I want to clarify. Looking at our two 5 MR. MITCHELLA: Part of what ours is 5 exhibits we have in our backup, we have one that's marked 6 about a 50 percent reduction in the trees which is the 6 the building permit landscape plan, which I think we've 7 same as the previous ADP that has been discussed, too. 7 shown earlier and it does show like doubling up the trees 8 COMMISSIONER ROY: Thank you. 8 along Airport Road. 9 COMMISSIONER STRANGE: Dr. Noble, 9 MR. MITCHELLA: Right. 10 COMMISSIONER NOBLE: Thank you, Mr. 10 COMMISSIONER STRANGE: But then it also i I Chairman. My question is, how do you determine the 11 shows a continuous line of trees running north from 12 reduction, the requirement is 20 percent, the tree canopy 12 Airport Road on the west side of the property. And I 13 and 20 percent on the landscape area, and the proposed is 13 thought I understood you to say you-all did not want to 14 10.12 percent on the tree canopy coverage and then 21 14 put those there because the trucks backing up would knock 15 so an addition 1.43 on the landscape. Row did you 15 those down'? Was that your comment? Right there. 16 determine those numbers and are those I think that's a 16 MR. MITCHELLA: which ones'? Which trees 17 significant reduction and are those numbers based on what 17 are you considering? 18 you discussed about the root system of the Uvcs? 18 COMMISSIONER STRANGE: Well, at the top. 19 MR. MITCHELLA: what we were doing since we 19 At the top of the graphic there you've got one, two, three 20 were successful growing the trees in a straight row, that 20 you've got about six trees showing up there, and then 21 we just wanted to continue that same row. We didn't want 21 your building plan set showed that that row of trees would 22 to put a double row, which is what the other plan does 22 continue all the way to the back of the building. 23 show on that. We feel that we can be successful doing 23 MR. MITCHELLA: That row of trees would not 24 that. And so but a double row is what we have our 24 be a problem right there simply because the trucks will 25 concerns about. 25 just be entering right there and we've got a little bit of PLANNING AND ZONING MINUTES APRIL 13, 2005 Page 13 - Page 16 CondenseIt Page 17 Page 19 1 room, we can back the trees up. So the truck should not I MR. MITCHELLA: It is possible that you 2 be maneuvering in there other than entering and exiting 2 could plant maybe a Crape Myrtle or something there. It 3 the property. 3 would lessen the affect. It still could be over time. 4 COMMISSIONER STRANGE: well, then I guess 4 The property line is very close to that drive and so 5 that's my question. I'm looking at how we get as far 5 eventually any tree you plant there just about is going to 6 towards what we need to regarding the Code, and I don't 6 hit, hit the trees. But it would definitely be a 7 know, there must be 35 or 40 trees that are shown on this 7 smaller tree would help in that situation. 8 building permit landscape plan 8 COMMISSIONER STRANGE: Have you-all 9 MR. MITCHELLA: Going down. 9 considered that? 10 COMMISSIONER STRANGE: going all of the 10 MR. MITCHELLA: They have. Anderson I 1 way to the back of the building. And you've stopped them 1 I Merchandisers just feel that that again is part of the 12 up there at the front. Yeah, all of those are going 12 costs associated with all of those trees for the type of 13 across the top of the graph. 13 business they are that they would rather not do that. 14 MR. MITCHELLA: That's because the property 14 They just feel it keeps them from being competitive. 15 line actually comes in closer to the truck lane right is COMMISSIONER STRANGE: well, you know, I'd 16 there, and that's where we'll have the problems with the 16 say there's a lot of things a lot of us would like to not 17 canopies to the trees going into the truck 17 do, sir, but we comply with the Codes and so I'm just 18 COMMISSIONER STRANGE: Going Up Over the 18 trying to see if there's any sort of a ground to get to 19 top of the road? 19 that can help us as Commissioners help you get what you 20 MR. MITCHELLA: Correct. Where as up top, 20 want, but help staff get what they would like to have. 21 we have a little more room in the property line. We can 21 And I'm just asking what alternatives there 22 move those trees back, so that that would not be a 22 could be there in any type of vegetation that could get us 23 problem. 23 closer to the canopy and I think part of what we're 24 COMMISSIONER STRANGE: But I guess When YOU 24 looking at, too, is the affect of greenery along those 25 did your building permit, you didn't contemplate that was 25 ways instead of just a bleak driveway. Page 18 Page 20 1 going to be a problem? I MR. MITCHELLA: Right. Well, the visual 2 MR. MITCHELLA: They simply were putting 2 right there from the road, that is not visual because of 3 trees anywhere they could possibly put trees, just to get 3 the way the City actually or the way this building sits 4 the quantity for those required. 4 down actually in a hole right there, so it's not visible 5 COMMISSIONER STRANGE: who is they? 5 from Airport Road. And on that other side of the property 6 MR. MITCHELLA: The landscape architect. 6 line, you actually have a creek right there which is very 7 COMMISSIONER STRANGE: is that you? 7 heavily vegetated down in that creek of just native trees. 8 MR. MITCHELLA: No. That was another 8 So it's not as you drive there, it's not 9 company. Living Design Group, and they were just simply 9 just a baron field. It is actually a greenbelt. And I 10 trying to fit the trees on-site, anywhere you could 10 don't believe that property adjacent is really developable 1 I possibly fit it just to get the building permit, knowing 1 I because it is a drainage 12 that they would try for an ADP. 12 COMMISSIONER STRANGE: Have you looked at 13 COMMISSIONER STRANGE: Right. Well, I'm a 13 pushing the trees all of the way back to the property line 14 tree person, so, you know, I'm always for trees, but 1 14 then since they won't be encroaching on someone else's 15 also like to think that your common sense prevails 15 land? 16 somewhere. And just doubling trees and tripling trees to 16 MR. MITCHELLA: They very well could be 17 get a canopy may or may not be the best long-term 17 encroaching their canopies would be encroaching on the 18 solution. I can somewhat agree with that. But I'm also 18 adjacent property. 19 looking at how we get close to doing something along the 19 COMMISSIONER STRANGE: well, I understand 20 lines that the ordinance calls for. So you don't feel 20 that, but I was talking about the planting surface, to 21 like that's practical at all to consider any more trees 21 help alleviate the canopy overhang over the street, 22 out there. Have you looked at different types of trees 22 MR. MITCHELLA: vin sorry. Now, what was 23 that maybe wouldn't put out as much canopy, but would 23 the question there? 24 still give some sort of a green visual affect across that 24 COMMISSIONER STRANGE: Have you looked at 25 west property line? 25 shifting the trees all the way back to the property line PLANNING AND ZONING MINUTES APRIL 13, 2005 Page 17 - Page 20 Condenselt""I Page 21 Page 23 1 to plant them to give you more room for the canopy 1 concerns about the $22,500.00. And I think I got part of 2 overgrowth over the road? 2 my answer in your response to her. You talk about a 3 MR. MITCHELLA: we have looked at that and 3 million dollars in taxes and then the $22,500.00. Given 4 there's just very little room. The reason we chose Live 4 the kind of considerations that are there, I, too, don't 5 Oaks is because you get the most canopy credit for that 5 think it's a I think it's an amount that you should j 6 type of tree to get to the Code. Had they used a smaller 6 probably give some consideration to. 7 tree, they would have had to plant considerably more 7 COMMISSIONER STRANGE: Any other questions 8 quantity of trees to get there. And that's why Live Oaks 8 of the applicant? Any other questions of staff? Okay. 9 were done. 9 We appreciate your continents. Well, this being an 10 You could move them back, but you still 10 individual consideration, do we have a motion for 11 eventually would have that same problem. There's just not 11 recoinmendation to City Council? Mr. Roy. 12 a lot of space between the property line and that parking 12 COMMISSIONER ROY: Well, I'd like to 13 or that drive. But a Crape Myrtle or something along that 13 discuss it a minute here. I think this is our first case 14 line would be more doable than a Live Oak, however you 14 requesting an ADP or some relief under the new Code, isn't 15 still don't get your canopy requirements by doing that. 15 it? I don't remember another tree case coining before us. 16 COMMISSIONER STRANGE: I understand, but it 16 MS. CARPENTER; The Russell Newman case was 17 helps move toward the intent. 17 such a case. 18 MR. MITCHELLA: Sure. 18 COMMISSIONER ROY: But that was before the 19 COMMISSIONER STRANGE: Mrs. Holt. 19 ordinance. 20 COMMISSIONER HOLT: Yes. Considering that 20 MS. CARPENTER: NO, sir. This is on the 21 you would have to plant a significant amount of trees and 21 tree canopy and the landscaping, not on tree preservation. 22 you were talking about having to drill through the rock, 22 COMMISSIONER ROY: Oh, thank you. That's 23 and I know that's very expensive. 23 right. So the Russell Newman was a case 24 MR. MITCHELLA: Right. 24 MS. CARPENTER: Yes, sir, it was. 25 COMMISSIONER HOLT: It seems like the 25 COMMISSIONER ROY: Under a and this is Page 22 Page 24 1 mitigation for you at $22,000.00, which would be a payment 1 the same Code? 2 in itself, the end, would be die most economical all the 2 MS. CARPENTER: Yes, sir. 3 way around. 3 COMMISSIONER ROY: Okay, Well, I am 4 MR. MITCHELLA: Ull-huh. 4 impacted or I'm concerned about the fact that we have 5 COMMISSIONER HOLM I mean, even over 5 already approved something like this. I believe there was 6 planting the trees versus not planting the trees. 6 a lot of discussion in the Russell Newman case. But, in 7 MR. MITCHELLA: Right. Anderson 7 fact, we did, as a body, approve that, And I think there 8 Merchandisers feels that the $22,000.00 is something they 8 is some recognition that warehouse applications are 9 should not pay considering that they do pay the million 9 somewhat different than a typical office building or a 10 dollars already in taxes, that that's just over and above 10 typical tiling that we see here. 11 the City, you know, has more than enough of their money I I And our Code, perhaps, doesn't properly 12 is really how they're looking at that. It's just a ' 12 reflect the uniqueness of the the unique nature of a 13 considerable amount of money and the amount of people they 13 big warehouse. And I think this is reflected by the 14 employ there, that goes to pay, you know, close to, you 14 Council and we're going to be discussing that later on. 15 know, people's salary. 15 I'm also influenced by the fact that this 16 COMMISSIONER HOLT: well, I think we have 16 expansion is back into the property, and it's not along a 17 to consider, too, that all of our businesses here in town 17 major roadway. And I think some of the landscaping, our 18 have to keep in mind that the trees not only are 18 objectives are to have a nice front along a major road. 19 beautiful, but they help our clean our air and a lot of 19 But we have, in fact, in the past approved things along 20 things that all of us need here in Denton. And, you know, 20 this same line commensurate with what we have here now. 21 if we all work together, we can kind of get to these 21 So for these reasons, I'm going to move that we approve or 22 points. 22 reconnnend to Council to approve the ADP. So 1 make that 23 MR. MITCHELLA: Right. 23 motion. 24 COMMISSIONER STRANGE: Dr, Thibodeaux. 24 COMMISSIONER STRANGE: DO we have a second? 25 COMMISSIONER THIBODEAUX: I, too, had 25 I hear no second. So Mr. Roy, I think your motion dies PLANNING AND ZONING MINUTES APRIL 13, 2005 Page 21 - Page 24 CondenseIfm Page 25 Page 27 1 for lack of second. Dr. Noble. 1 And, also, even though those trees may not 2 COMMISSIONER NOBLE: I think if we have a 2 be visible would look to me as though there could be some 3 requirement and we do not meet the requirement or we allow 3 species selected that night could fill in some spots thal 4 a different proposal that's different than the requirement 4 don't create such a big canopy, so 1, too, have a bit of a 5 tonight. And then looking back on what was what we 5 problem with, I think, the way this was handled in 6 discussed in this prior case, then I think what we have to 6 presenting one plan for a permit and then even though, you 7 determine is do we change requirement, otherwise, it's 7 said you were going to do all ADP, then come back with a 8 there's I don't see the benefit in having it. 8 pretty basic ADP and no willingness at all to discuss 9 I agree with you that maybe there is a 9 alternatives or mitigation, so I think I will be voting 10 difference when it comes to these warehouse locations. So 10 against it or supporting the motion, be voting against j 11 I personally don't have a problem with the reducing the I 1 the ADP. Any other caminents? Seeing none, please vote. 12 number of trees, but I think that if we do that and then 12 Let me point out you're voting for a motion to deny. So a 13 based on this other case that we're discussing, then we 13 yes will be supporting it. Okay. The vote passes 5-1 14 really should look at changing the requirements or we'll 14 with Mr. Roy voting no. 15 be, you know, this will come up again, basically. 15 16 COMMISSIONER STRANGE: Mrs. Holt. 16 17 COMMISSIONER HOLT: I make a motion to deny 17 18 the ADP. 18 19 COMMISSIONER STRANGE: Mr. Noble. 19 20 COMMISSIONER NOBLE: Oh, I'm sorry. I'm 20 21 finished. 21 22 COMMISSIONER STRANGE: Do we have a second? 22 23 COMMISSIONERTHIBODEAUM Second. 23 24 COMMISSIONER STRANGE: okay. We have a .24 25 motion by Mrs. Bolt and a second by Dr. Thibodeaux. Any 25 Page 26 Page 28 1 discussion? W. Watkins. I 2 COMMISSIONER WATKINS: Thank you, Mr. 2 3 Chairman. Having some information or history of this 3 4 property with the stone just under the surface of the 4 5 ground, I can certainly see every reason that they 5 6 wouldn't want to plant a huge number of trees. Still by 6 7 the same token, we're talking about 90 extra trees. 1 7 8 hate to hear from all I can find out, Anderson is a 8 9 wonderful neighbor, taxpayer, and so it troubles me a 9 10 great deal to when they say well, we employ people and 10 11 we pay taxes and so we shouldn't have to do it. I don't 11 12 think that should really enter into it. 12 13 By the same token, the staff has 13 14 reconunended denial, the tree canopy things that we put 14 15 before them in the Council. I wish there was some way 15 16 around it, but I don't see it at this time. I'm going to 16 17 have to support the motion. 17 18 COMMISSIONER STRANGE: All right. And I 18 19 have a similar view. I think my concern is that we submit 19 20 one plan to get a building permit and although those 20 21 people are not still involved or around, but we had a 21 22 design that met the Code, and now we have a design that's 22 23 a long way from meeting the Code. And we don't want to 23 24 pay the mitigation fee. So I find that to be a 24 25 conflicting deal, in my opinion. 25 PLANNING AND ZONING MINUTES APRIL 13, 2005 Page 25 - Page 28 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN ON APROXIMATELY 30 ACRES OF LAND GENERALLY LOCATED WEST OF 135 WEST AND NORTH OF AIRPORT ROAD, COMMONLY KNOWN AS 2900 AIRPORT ROAD, WITHIN AN INDUSTRIAL CENTERS EMPLOYMENT (IC-E) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF REDUCING TREE CANOPY COVERAGE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR. AN EFFECTIVE DATE. (ADP05-0001) WHEREAS, Anderson Merchandisers has applied for an alternative development plan which is on file in the City's Planning Department, a copy of which is attached hereto and made a part hereof as Exhibit "A" (the Alternative Development Plan), on approximately 30 acres of land located in an Industrial Centers Employment (IC-E) zoning district; and WHEREAS, on April 13, 2005, the Planning and Zoning Commission recommended denial of a Alternative Development Plan for reduced canopy coverage; and WHEREAS, the City Council finds that the Alternative Development Plan is consistent with The Denton Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein. SECTION 2. The Alternative Development Plan is hereby approved. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are servable. SECTION 4. Any person violating any provision ofthis ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5.. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY P-' PAGE 2 WHO .am IPw:u+ 11X3L'N01N30 _ ;Aq uMelp dnoig N0ISNVdX3 Z 3SVHd J :Fq vdde 6u!wnl S1N3W3A02IdWI 3dVOS0NY1 3Sn0H31IIdM NOR30NV ~ 1 ~ a~x ~ su oil ~ ~ I Ql Wy~~ -E4 N 60' a e Y eJe q R R R ~ ~ ;~R / 9'Ei ~ Eel n x n ~Ro4 IIII s - v~ IIII pp ° d 1 I is I I ~rl ~ I N~~~ k I I ~ 1111 ' va I = 1 I i aaaa aaa a as I 11 I/ o V) nn a I = x z Is III v""C a I II I d w a I I aaa aaa Ih i I ; ~ ---I- -3NIl1A]w~t-~LLav- w3 I ! I~ll arm eri e I Reg E I oil I/It -_7 a a ~~3 { `TI9 vo ~$~R ~ I III ~ilal .III \ \ \ \F - ~ g c v~l s I I I I ~I lid ~I Y I; i IIII ~j ~ I III) 1 ~ I ~ ~ v I I a! -1 c !II - In~k~1 \•P~ r I = is i ~ i i ~ ~ ~ I~x1 Illll~bl'8 Irv a E tie I t ~t~ I~ IIII' 1 Z It ~ ; - __u IIII z rya M I;, r_i MIN, sa~lx ~ , ~ IIII } (D Q) IlIg ® ~ ! I ! ~ ~ III tz- ~T kx ~ \M.Ot ~I .g g Ny g y `9~ v.9 ' sc yca SC8L8 •oi ,sc .eg 5 ~`-xoix3a w uu of ~ry~xy ~xy~p~ s j 1dOcjNIv(,":,, `-",)'ON /kVMI-15I'H 31h1S j avo SiSi W3 - AGENDA INFORMATION SHEET AGENDA DATE: May 24, 2005 DEPARTMENT: Economic Development/Downtown Development CM/DCM/ACM: Mike Conduff, 349-8306 im SUBJECT Consider approval of a resolution of the City of Denton, Texas, approving the eligibility of the structure located at 208 W. Oak Street, Denton, Texas, for tax exemption for historically significant sites pursuant to Chapter 10, article VII code of ordinances of the city of Denton, Texas; authorizing the City Manager to execute a tax exemption certificate; and declaring an effective date. (Historic Landmark Commission recommends approval 7-0). BACKGROUND Applicant: Cynthia and Chris Savino Sante Fe, New Mexico On April 28, 1998, the Denton City Council passed Ordinance #98-116 which amended Chapter 10 "Finance and Taxation" of the Code of Ordinances of the city. This ordinance added Article VII, which provides that the city may abate increases in the assessed value of historically significant sites for tax purposes as a result of appropriate repair and renovations in the downtown commercial district of the city of Denton. The purpose of this tax abatement is to provide tax incentives to bring downtown buildings into compliance with the Property Appearance Guidelines. This abatement "freezes" the City of Denton tax portion of property taxes at the pre-renovation value for a ten-year period. It applies to the structure and the land reasonably necessary for access to, and use of, the historic structure. To be eligible for the abatement, the following requirements must be met: • Buildings 50 years old or older within the established target area • Exterior rehab over $20,000 or 25% of the most recent tax valuation of building, whichever is less (with roof repair constituting no more than 50% of the total repairs) and • Rehabilitation plans are pre-approved by the Historic Landmark Commission for compliance with the Property Appearance Guidelines The review process is as follows: • Review of construction plans and verification of completion will be done by Historic Landmark Commission • City Council must approve the tax abatement The Savinos have leased the property to Emil Bragdon, who is conducting the rehabilitation work. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 1 4. Table item. RECOMMENDATION The Historic Landmark Commission recommends approval 7-0 PRIOR ACTION/REVIEW March 14, 2005-Historic Landmark Commission reviewed renovation plans for 208 W. Oak for compliance with Property Appearance Guidelines to determine eligibility for tax abatement under Chapter 10, Article VII of the Finance and Taxation Code of the City of Denton. Commissioners tabled the request after asking the applicant for: • A paint sample • A sample or drawing of the proposed exterior lighting • A sketch of the proposed exterior signage and its proposed location on the building • The style of awning (if replaced) April 4, 2005-The applicant submitted the information requested at the March 14 HLC meeting. HLC reviewed and approved the renovation plans and directed staff to forward the request to City Council. (HLC recommends approval 7-0) FISCAL IMPACT The property and improvements are currently valued at approximately $90,734. Approval of this resolution would abate any additional valuation for a ten-year period. The estimated cost of the renovation is $48,500. ATTACHMENTS 1. Memo from Randall Boyd, HLC Chairman 2. Tax abatement application 3. Map of site 4. Excerpt of minutes from HLC March 14, 2005 meeting 5. Excerpt of minutes from HLC April 4, 2005 meeting 6. List of other downtown buildings that have received tax exemption for historically significant sites Prepared by: Julie Glover Main Street Coordinator Respectfully submitted: a,' Linda Ratliff Director of Economic Development 2 city ~ of , DENTON CITY oi-,DE.-v wN HISTC)}>'I[.' L :v .1l arc 1 '(7ril f7.s-s r :v [('J.'.4!', , f'f7'f: S~Nk ■ }f:.Ylf.} 1. 76201 MEMO. I {1: N'1zty01- zLllkl TlMllbCPS 01`1 lLC C'il',' COWICi; I;z-+Llt: [)crll(71l I l lzztcldc €.an41Tii;irk C. )III r13i4.i0rll;r." Inc: I li'~ itlric SLrLIL~turc IIrop(, N 'I x l)-,trLn1t2ni ~ 6 r 08 W. (),jk (>I) .'1})1 - iI - t. '.'(rO1 , t1142 V )crltoiI I IisIoric I.andril:.trk CcSrlimj!;t, ion ]T o ,Lnt1 revic%vccI iIiL: l Iiskoric Pri: pcrt~ 1',vx Aba(cEnclIT f c:,t a.n's. ki: nL`c. Nky QXd 1 61 tilt dic prc+€'cay located at 9 W. Oak- <lv,'nc,I by CyYitlLia J11d 01E'i~, ELVi1)0. I I i c SL:Vincr" IILL..C *,L;'LIC tc7IiIY ~~7ct TIN' 4'l i1i11iIity recEuircntcrL[, zt!~ statcd ill c iLy oTJin;irce NE?- c};~-I Its .mcl the Denton l li;tc ou Imn4lmark (Ann ous ion =n:mou,l). clldor4cs t'li'~ Lipp]ict~tic3E~, IZ ll1(1,111 ITs}v L1 Yl Chtlirr ~r cln, IIi,usric I.ur.di-nark Coln ril iLL;i ort rlRHK +ucz7;ati.'N k1 x? r I cxnl`~I.. }i'a ink. 1r'.n15ix, Julic Glover ,-3 Ll: SIF-L " Assoc i al'i MI ' fr1 ~ I,-X L.7L JLrc L tiro 3±}(+ LsA,7)1?. V x: , 76N l 2~~1'ITIY.11'L' ?IJ IJ~ tT4;} r; atl appricnlion ror i fiS:r.wj SU ji;RvrC >arop!M T-ax Ahajumn -ns alyd it fist fl#`r4r~favttLir~f1;; l.j th,: 7'i7~l2r,S` 1: 20ra W. Oak BU'L'L'; ~f L1.1U ~1UV ar11 LILIL;; i rlS. rye ZSt` CJ?? [ fj r ~7-f 1: ~111CCrf:}'. t<\lESillil ~~kk'Iri4x I i i sE C pv Appli€ation for IIisloric Strw3:ure Prtkpterty Tax Abalemmi From the City of Denion, Texais i17ot pro: em- €ocaied wit~}}n a Do,&PitDr4rII C1711MerClk~ F)ia IFle[ as prON,ided 10T caty Ord Lnance 99-J !P is-! Propest_, Addrv~Lx -yO 1 f crtc,n- le as ;f,'t}1 I -L ,;711 i )t tiSCL H, 11 0 T Dzmtois, 'o , ; 4- Lot ? 1,C~C-MMS W OAK gl (1L'EtLr{wl ophff s{71} {It ~i;'s .'81'J1i YIITi►? rl4silr a _ 13 i l :m _V :goT-it s ,1w' c. N E Al~lt[ctsLrtj tilc, ? l k' l;. i .u 9 7111 Phuriv 51 0 S_ 71 9 71713 Blatt t)L cirii:inaI co [tctrtitoi)n of ht Lild!A.D ?8"5 Fa VL9ILiasivil (c!? eti"'t~ pr iOr cl tilarL dal ui're"m1,iIitatioP 1)ro1 ec+? " .00 Ss;1n daw of roh.:L iJit;m1i)rt lktaril] f- 2005 E-~L'Llnawd camplelion LLLt'-L Sul ' 1, ? fl} ■ ■ ■ ■ ■ ■ • ■ ■ ■ i ■ ■ ■ ■ ■ ■ ■ ■ I M ■ 11 Y ■ i ■ ■ a ■ ■ ; ■ ■ ■ a M ■ a a ■ mi i Y Y K Y ■ ■ a m ■ m ■ ■ ■ z ■ ■ a [ ■ a ■ 11 ■ t o o ■ ■ ■ x Y Y l ■ ■ s ■ ■ a ■ a ■ M a [ ■ a E cLizir_~ Fh,{L 14im [itc kegaJ ownec o ncc tErore[r'cntioned pre etlY. I iim:~;{ that t31e inforsllation I L 6 Libove is inic and %2om Clete to 1Cxe besi Df My kr.uvIedge. 1 ar4r~ S; 0 1al this pmpk rt)' meets the ciip,-1 bilit~' rL:i4ujrc:rtents for an aba[em4 n[ of t-xes ns #ro ide[f for b} Laic Ciliy cif f)L:wQn C)rdiE2an L4Q L}9-J 16, as fob Iows: I lilt' Propv-"). is It]„ttrcl wI'JI Ir1 1RL! bt}uslc a6t!-~ fthe DoN6Ttawn Mein Sirett C ommL`rcial DimricL, Jlw pmpir-.-~ is a; IS':;st (I tir ol4[, 1] LC CslirFULtLd ei;sL aF (filer 1't lbR15i I it.lIic'','L prui4'cI %Vill UgLlaI ur L! d l~.p isF t?lc 711[}$[ -'~i C3Ll :144 SSti j ad Vd;{Sr~nl L3 I L;i1 3LWil 0i' Lhi: StruL:turl: f- S21,01_10, which*vrr is tctiti. Ruuf rKpaiir ur repbaccrlt n' TnBk ronlprlse clo Tl ovt tlti in 0q ~ uF Ehl Ill IniMll M LIIFebII(slll ;imcS n, Iimv sorry to q u113ry for ±ax r'3 hatvnlelLf: 4. A F'LiN CCrt1!3CatL' S11D-0-i111, tIPt all LZI Ye4 dllL L3pQTI Lh pr+ ptrty h'dNC b12 C21 P2 id iS at;sScl5,rd E4} 131!4 iipp 1!1:d[:t,r, r,n upl]SaI !ISLim, 3 ?SreCCS iS~i!le Pimllle re III NLl!tati01! %L,iII hL' SL3L,milIL!d ic, tht Historic Ilre.;ervat'L113 {}~-11~:c'f ~{SC reVIt tiW I5 LE+31 {L~i Li}r1C 3 0lldmark CU!13miss3on For c[]!11p3tibiIuy wItlt th;~ Prupuit1' Appcamic' GLii 1CJ3r]L:S 1 5Y01 ,,,Lib n3 Et an #3 1'eC13LCll i 1 1s #h 1CiLkt}1 r pprLS :!8C 31£55 Full- gin} ?CCericir --nodificm on, to rNL ~5; i prCL ' for Llki {{ur,3LL4R ~l-Lhc -criud ;luring, ivhich IhE: tax ak> lU!MCI.L i'.~' isL Vll"-L 1, 6 1 d4L(hUI-irr. Lh:' C; L'- 'MAF1:i-CS or dcLdpe-, His tcriC Lail Llimirk [-Q!l311Li"p,ik []r.1- aI%d t`ICCS4d 0 l Cia9 !i 1C+ vISjL a] A ans~c. the prnpeiTy ;12Cdj d [1] cc]LlplL'tC LiL]S appiioalion anJ L:crtlfica6Gn procCSS as seL Fortis lil the ordilLz 1!Cv... S U133aiiFL' {5~ 3?rL7F}crLl' } 4!]ur( Ml - _ t - 1 r.L' 7 ~-v F'EE9S4. 7 1j)05 JA-L r11 fy.l Er`l was ac's 4rll u[~~C ]CiV"k ^1t {.LLc'= T k JiLI 7'e 1 .=_-`+L V 4 ' Not.v.v Fuyliv lht ;al+{+!'c Jf3:17~C~`,' ;`;C 1 4 zdtrS:Slsctms {art phim;ci€ for rho INV: Qbrum- 9, 1105 nj ins;.,:f flo,rin3L' I(- Ih lc~ °Lr a 1 i. b) 1~~"d.n stair-Cay . ~ R, Rmti.i t oTd 0i-w vin. . o1i tit n ROon tlo rid',t;!Il 1 ML I V.LIi)s3F and re-duck to carp- Eve load and (dt~a l load struaura Fluor will be 1. 1-}~IY4+ Lrj 1's rY 1{!J Cr dill, ~'h .11 Y lltiJ 4J Ll'42~Sd tii II}g. d) InsEa11 1racr- Iikh~ krrtitr4s upslair~, aila tjcvrn5tairs. ty PAnt l eme,rrijr c1E dic bL6Idin~ rdiifgr W !rlunUtACII1 `~f s r4 Ccert!7t#~3"tdmiorCS, incl u:inL~ nrL! Qr preparation and I stall cx ri;]s kigjiling. Z-) awiling on tiro front of die buddilig. h) Walk will be buil[ on the ,econd floor which dividL!s i4t room m1o [wo areas per app-r-oved budding. Phlris b Lcs_,~or. i) IFI~1,111 L 1-7±1 H VAC Unit. Pia-f!l~- L€l i~ 1>• 14"r3~i}: 5md t;rifi!-l4?. k) lns[n1! a!r 1.1iration s s[L!m. ~ 1) -Add ;:dill{].),,,a! iha ari ADA cI EJ~J ir'r~LS- n) tC::ino ve m?n-s?r?iC1u4 i1 waiI im the ~ L}ond levc1 L' I~i!ig, :n.'r t ht rt, pairtd on l3r l IIoor. 4 } T'1.:~~ ~i but;kless Sig,]t on Lhe exi rior of building in am)rdtunL~e with 1~s!~,a1 code. > H IC niFIC14*t.rfkh-CC:I)Wrv 11hu-Tid on [hc i2as[ W,111 ofT]le ]'C;L'Ond su}rv shtsli raft he ailand in any ~~r4y_ - IIIL,II co IIjlYl', 1,c!-,c aK t_tkcmcni. Eck C' t d rlir'.5l~ t L:n4 i'laM'v- f?ti 'eH r: rs(i9 riQ 1 fS~~z'j t S:1 F. LrQ CL..'r pI`l Cr: CI? 5~. 4cv 'DSSsala11 1 z}k' f_. v':!S4{; L? .471?n Yto.r ! rll f'rsr - ~ ~ v:741i}i ~V lz~lE'~r ~x { ~ ~ ~Lr~4L?llrlli "~III!}Ili'f 0 T DENTON BLOCK Properly Type. F 1 F 1 LOT CG5 Lo:.alicn: W020c W 0 A K T Homestead Land Markei Valle $5 9. 1) G0.00 Non-Horn asi--ad -La rd Market Value 8,4OO.C,p I tiv iniprovu%,Tien: Market VaILR° $000 Honje.alet3tt Irnpravement Market Vaiue 5,23-21 J Do Non-Homestead Irnpnavrament Market Value X47.920.00 Agriculture Lond Value $000 ` on-Aancij;r#Lare Land V a I u a $17,41)G.CiO PerE[Qmo; Props-ity Value $3_00 DEf N L71 ON COUNTY 6.0 0.00 $O.GO 0.2646 £Q. V'C i7C-N TQN IN[) H DI ST $0.00 $0.00 $009 1.864 30 00 Total Base Levy $0,00 tax-4i~i1t{}31clIU M -.conrAj x~~6b-`trai~Iba~r,P"1.L1k3'm r_}111_LisP,?,lck;! P,001-968 2: [.';2(f()i ? Pan 1 of Zvi to Gry of DL.N,j [,-XA ~ D F ,I t.. I 00002USIV OAK ST C;Ofv1 'm n^}~~Iti~nk ?1137 } Oka NONE vAl. LNO C HR:,STOPhEP J 1717. SAfl VIC-0;Q A E fA LBUQ -L RQ is . KM 6'r111- 50 9- ''eve UruL An 4vuNt P,cLi0 ~11]VY DU C ~'f}rla~±y =niarsr*# CUi P,,erlally Total Due [f]f=,] J)I 470+va 4000 l3i JD V.DL) 0.riQ VQ'J 21111 {uD1 dl]I] }n d;Q.2E 0 i, fro- j,) .3 0.013 D 00 1 J j' ~aiQ. w 32`x.3 J c Crum ! nn 0.00 i ~':r. ti l 7 4 1 1 4, r= Q rD 0 ':~3 11.11' O-G(1 Q :999 1 262 Q? 232.D? G 00 4 CG u.C ~ :Yi• W i 2 .51 i ya7 i" 5+V V J Jul l QV 242 53 Z42 03 0.nn 012 Tj 00 010 0 FOX -24 W OR U7 5 N) D DO no 003 Or),. 71~„ K 24fa 1i1 {}'u 5 S GO 0 1113 v. t: Ivc71 en [on _ s ni.#t3 hr{iccnunt€nb.asp?1Acc:ounRqumhc:r id-1070IL'Di;p€a- 2-11,'2005 i t#1iL' Page 2 L11 ' ~J3 11. ~y 321 i;t b 114%7 J.~' l +.Ji1 U 0.7 C 2003 Ely of Nnton, Texas and' 2003 , - 215 lFast McK r.-ey t. Denton. Texas 762.01 ph.onc-- (u40:; 349-8200 fax 3940) 349-92a6 u,rd-:il",I)--r:unv{,.-\A.,:b",-ti: i,ul-~lid'u.asp` :ctlui)f u: iik;t'.'_id ~0 7{ia p 1::.., 11,"1N ichler - Product Details Page a of ■a a f r 1 ' 9246A Outdoor Architectural Bronze --nter ltk.m NO. - Outdoor Wall 211-t Incandescent ICCI I i1 7` 1 I FI ~IJ~SZ [1~1714~~.I111L ~ i,41i1 KI T • L E R w ~ d h: o' Number o"F3-~ Ibs- Body ~dtPri ll; ALI_I l u-n WArt',;e- 15IJV.' St.ippable via UI f3ulr Ba,;e- -;i"; UL n r C=4A listed usu: 5ul`ab=e `o Vo'tage: 1 2ov Lo Style Contemporary bulb r:C.C ~nclL Lcd Vie,.v ot='dr DFOO .S In the Cans and.9ultets fan3!ly. « Back Back To Top phctog?mris ~w.d d awing.S herein on each indivIdLial p{.ge arc tree prop~r:'y or I{Ivhler aPid redro.,uceG without ich~pr's writ-.e^ consent P.]'r:ered a RA N D.11 fJ x _ ?4g5 All Rights Deserved. I-se o this yVeb Site --on stitutes acceptance of the iP111Uui.;tUtL;1C11L`tl.kj #ll, ptlm UIU 1'iC,~ QL _0 U f.:OOCVI,IIV- .Yl IU 0 J IjVC3C1l7r' l .J III 'I f i i - 'E I I . f c 1' r x. PAD i.. Ilr I .r~•.. L I H234 AT, fir I {Ft vF YM'' '7tr a234 `#dH i~j ..:I '~yr~ _ ..c u.-'i :'Y rh'.mI ~'fa. vrv Is{Ilk. Coo + ~rI' 4LM1 - a F 4OL7TTICUS FILE COPY f ~J U l~J l OAKLAND STI oooo~~aa a o~ ~Da~oE HVAII PINER Excerpt of Minutes Historic Landmark Commission Monday, March 14, 2005 A regular meeting of the Historic Landmark Commission of the City of Denton was held in Denton Main Street Office Conference Room, located at 101 S. Locust, Suite 500, on Monday, March 14, 2005, at 5:30 p.m. Members Present: Steve Ambuehl, Randall Boyd, Peggy Capps, Diana Hatch, Donna Morris, Darlene Mullenweg, and Ty Wood Staff Members: Eddie Martin, City of Denton Legal Department; Julie Glover, Historic Preservation Officer/Main Street Manager; Alison Ortowski, Main Street Assistant III. Review renovation plans for 208 W. Oak for compliance with Property Appearance Guidelines to determine eligibility for tax abatement under Chapter 10, Article VII of the Finance and Taxation Code of the City of Denton and make a recommendation to City Council A discussion was held regarding why the Commission was reviewing all of the pieces of proposed renovation, specifically the interior renovations. Glover noted that the applicant simply included everything but that the Commission's area of review is limited to the exterior changes. D. Hatch questioned whether a paint color sample had been submitted with Item E. Glover responded that she had requested a sample from the applicant but had not received one before the meeting. She also noted that the Commission could exclude that item from approval until a paint sample is received. A discussion ensued regarding the need for additional input for items E, F, G & P. Capps made a motion that the applicant resubmit with the following information: paint sample for Item E, a sample or drawing of the proposed exterior lighting for Item F, whether or not the awning will be replaced and what style the replacement will be for Item G, and a sketch of the proposed exterior signage and its proposed location on the building for Item P. The motion was seconded by D. Hatch and carried unanimously. Excerpt of Minutes Historic Landmark Commission Monday, April 4, 2005 A regular meeting of the Historic Landmark Commission of the City of Denton was held in Denton Main Street Office Conference Room, located at 101 S. Locust, Suite 500, on Monday, April 4, 2005, at 5:30 p.m. Members Present: Steve Ambuehl, Randall Boyd, Peggy Capps, Diana Hatch, Donna Morris, Darlene Mullenweg, and Ty Wood Staff Members: Eddie Martin, City of Denton Legal Department; Julie Glover, Historic Preservation Officer/Main Street Manager Others Present: Alan Hilson, Jane Naugher, and Rusty Reid III. Review renovation plans for 208 W. Oak for compliance with Property Appearance Guidelines to determine eligibility for tax abatement under Chapter 10, Article VII of the Finance and Taxation Code of the City of Denton and make a recommendation to City Council Boyd noted that this agenda item appeared the March meeting of the Commission, where the Commission requested a paint sample for Item E, a sample or drawing of the proposed exterior lighting for Item F, whether or not the awning will be replaced and what style the replacement will be for Item G, and a sketch of the proposed exterior signage and its proposed location on the building for Item P. Glover then introduced Rusty Reid, contractor for the project and passed out the proposed paint samples for Item E, a picture of the proposed lighting, a sketch of the exterior signage noting its proposed location. Boyd noted that Item G as proposed was the removal of the awning and asked Reid to elaborate. Reid answered that they want to remove the awning completely, with no replacement awning planned. Glover reported that proposed sign would be stainless steel lettering. Reid stated that the background of the sign has not been determined yet. Capps questioned where the sign would be located. Reid answered that the sign will be on the front above the transom windows, flat on the building. Mullenweg then questioned Reid whether or not the building will be repaired behind the awning. Reid noted that when the awning is removed, the wood behind the awning would be replaced. Boyd observed that the current awning probably is not historic; however, it is important to remember that at one time, downtown Denton did have awnings on each building around the Square, something that is even noted in a historical letter - Denton is referred to as the "city of awnings." Wood asked about the color of the lighting (which in the proposed picture is bronze), his concern being the sign will be stainless. Reid answered that the lighting photo was an example the style of lighting and not necessarily the color. The current plans are for the lighting to be either brushed nickel or silver in color. D. Hatch then questioned where the A/C unit would be located. Reid replied that the units would be on the roof. After a brief discussion, Capps made a motion to approve the renovation plans for 208 W. Oak and to make a recommendation to council for a tax abatement for the property. The motion was seconded by Morris and carried unanimously. PROPERTIES ELIGIBLE FOR HISTORIC STRUCTURE PROPERTY TAX ABATEMENT (Ordinance #98-116) As of January 1, 2004 ORDINANCE DESIGNATION ADDRESS OF DESIGNATED PROPERTY NUMBER DATE R2000-058 10-17-2000 114-116 N. Locust/115-117 N. Austin R-99-019 5-11-1999 115-117 W. Hickory R-2002-016 5-14-2002 535-A & 535-BS. Locust C:\Documents and Settings\klmoore\My Documents\Backup\Main Street\208 W Oak Street\8-EX F-2004 HSPTA List.doc RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE ELIGIBILITY OF THE STRUCTURE LOCATED AT 208 W. OAK, DENTON, TEXAS FOR TAX EXEMPTION FOR HISTORICALLY SIGNIFICANT SITES PURSUANT TO CHAPTER 10, ARTICLE VII CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AUTHORIZING CITY MANAGER TO EXECUTE A TAX EXEMPTION CERTIFICATE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City has a policy to grant a partial tax exemption for historically significant sites as established by Chapter 10 "Finance and Taxation", Article VII of the Code of Ordinances of the City of Denton, Texas; and WHEREAS, the property located at 208 W. Oak, Denton, Texas meets the requirements of a historically significant site since it is a commercial or residential structure, 50 years old or older, and is within the boundaries of the Downtown Commercial District as defined in Sec. 10- 131 of the Code of Ordinances of the City of Denton, Texas; and WHEREAS, the owner has met all requirements for eligibility for the tax exemption; and WHEREAS, the Historical Landmark Commission has unanimously recommended the approval of the exemption at its meeting of April 4, 2005; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the structure located at 208 W. Oak, Denton, Texas has met all the requirements of Chapter 10, Article VII of the Code of Ordinances of the City of Denton, Texas as amended by Ordinance 98-116 and is eligible for the tax exemption for historically significant sites. SECTION 2. That the City Manager is hereby authorized to execute a tax exemption certificate upon verification of completion of repairs and renovation for the property located at 208 W. Oak, Denton, Texas. SECTION 3. The exemption shall only apply to the historic structure and the land reasonably necessary for access to, and use thereof, by abating any increase in the assessed value for ad valorem tax purposes in excess of the assessed value of the property for the tax year immediately prior to the renovation, for a period of ten years following the completion of the renovation. SECTION 4. That this resolution 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: F:Ashared\dept\LGL\Our Documents\05\Resolutions\208 W. Oak hstoric structure tax exemption.doc AGENDA INFORMATION SHEET AGENDA DATE: May 24, 2005 DEPARTMENT: Economic Development CM: Mike Conduff im SUBJECT Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2005-2009 Consolidated Plan for Housing and Community Development including a 2005 Action Plan with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended; and providing for an effective date. BACKGROUND During the past year, using a process with input from citizens and local non-profit organizations, staff developed Denton's 2005-2009 Consolidated Plan for Housing and Community Development. The Consolidated Plan is a five-year strategy detailing proposed housing, social service and public works projects benefiting low and moderate-income households and neighborhoods. Annual action plans are developed based on the strategies outlined in the Consolidated Plan. The 2005 Action Plan represents the first year in the City's five-year strategy. Development and submission of these plans is required and constitutes the application for Community Development Block Grant and Home Investment Partnership Program funds. Public hearings requesting citizen input regarding the use of CDBG and HOME funds were held in December 2004. Application availability was advertised from November through December. Staff held application workshops in January. The Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC) reviewed applications and held funding hearings in February and March. Each committee developed a set of funding recommendations to present to City Council. Staff has developed the 2005 Action Plan using the recommendations. A public hearing on the 2005-2009 Consolidated Plan and the 2005 Action Plan was held on April 5, 2004. Several individuals commented on the proposed activities. A summary of comments from the public hearing is on page 39 of the 2005 Action Plan. No other comments were received during the required 30-day comment period. ESTIMATED PROJECT SCHEDULE Action Plan approval May 24, 2004 Submission of Action Plan to HUD June 15, 2004 HUD release of funds & program initiation August 1, 2004 PRIOR ACTION/REVIEW (Councils, Boards, Commissions) The CDAC reviewed requests for housing, infrastructure and economic development funding. CDAC recommended $1,330,931 for various projects. This included $100,000 in 2004 reallocated funding. The HSAC reviewed requests for social services program funding. HSAC developed recommendations for use of both CDBG funds and City general fund dollars. HSAC allocated $146,842 in CDBG funding to various programs. Initial recommendations from both committees were presented to City Council at the work session on April 5, 2005. After receiving City Council direction to reduce the amount of general funds allocated to human services, HSAC developed a second set of recommendations. The 2005 Action Plan was revised to include the revised recommendations. Though a list of general fund recommendations is included in the 2005 Action Plan, the approval of the plan does not constitute approval of those recommendations. General fund recommendations will be considered during the normal budgeting cycle. FISCAL INFORMATION All projects and programs approved under the 2005 Action Plan are funded through CDBG, and HOME. No American Dream Downpayment Initiative program funding was allocated to Denton for 2005-`06. No general fund dollars are included in the proposed Action Plan activities. Some general fund dollars are used for human services program administration. EXHIBITS 1. Resolution 2. 2005 - 2009 Consolidated Plan for Housing and Community Development 3. 2005 Action Plan for Housing and Community Development 4. Revised HSAC Recommendations Chart Respectfully submitted: Linda Ratliff Director of Economic Development Prepared by: l~~ r rte; Barbara Ross Community Development Administrator s:\Our Documents\Community Dev-Housing Authority\Resolutions10512005 Action P1an.DOC RESOLUTION NO. A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A 2005-2009 CONSOLIDATED PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT INCLUDING A 2005 ACTION PLAN WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, is concerned with the development of viable urban communities, including decent housing, a suitable living environment and expanded economic opportunities; and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and moderate income; and WHEREAS, the City of Denton, Texas, as a CDBG entitlement City and a HOME participating jurisdiction, has prepared, through a citizen participation process, a progra> i for utilizing its 2005-year entitlement funds and program income in the approximate amount of $1,645,409 and has also prepared an amendment reallocating $100,000 in 2004 CDBG funding; and WHEREAS, citizen participation requirements, including the holding of public hearings, have been met; and WHEREAS, the Community Development Act of 1974 and the National Affordable Housing Act of 1990 require an application and appropriate certifications included in the Consolidated Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council of the City of Denton, Texas, authorizes the City Manager to sign and submit to the Department of Housing and Urban Development a 2005-2009 Consolidated Plan and a 2005 Action Plan and appropriate certifications for entitlement funds under the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended. SECTION 2. That the City Council of the City of Denton, Texas, authorizes the Director of Economic Development to handle all fiscal and administrative matters related to the application, the Consolidated Plan and the certifications. SECTION 3. That the City Secretary is hereby authorized to furnish copies of this resolution to all interested parties. SECTION 4. That this resolution shall become effective immediately upon its passage and approval. S:IOur Documents\Community Dev-Housing Authority)Ordinances-Resolutions10512005 Action P1an.DOC 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 JLJ Cq of Denton Sy DRAFT ConsoldatedPlan for Housing and Community Development 2005~2009 Ak. Housing Park Facilities Az, Public Improvements Human Services Fm- CITY OFDENTON, TEXAS COMMUNITYDEVELOPMENT DIVISION Denton City Council Euline Brock, Mayor Perry McNeill, District 4 Raymond Redmon, District 1 Bob Montgomery, At Large Place 5 Pete Kamp, District 2 Joe Mulroy, At Large Place 6 Jack Thomson, District 3 Michael Conduff, City Manager Community Development Advisory Committee Edward Touraine, Chairperson Cassandra Berry Charye Heggins LaNelle Winn Hank Dickenson Peggy Fox, Vice Chairperson Sandra Benavides Maureen Jamail Ron Aldridge Human Services Advisory Committee James McDade, Chairperson Mae Nell Benford Mary Tisher Betty Tomboulian, Vice Chairperson Jan Hillman Lilia Bynum Jodi Vicars-Nance Sonja Ball Carol Bounds Teri Rheault Charles McLain Economic Development Department, Community Development Division Linda Ratliff, Director Nancy Baker, Housing Programs Manager Barbara L. Ross, CD Administrator Alma Espino, Program Specialist Luisa Rodriguez-Garcia, CD Coordinator Gordon Meredith, Residential Construction Spec. Wendy Nalls, Human Services Coordinator Anita Ferguson, CD Assistant SPECIAL THANKS The Community Development Division would like to express our appreciation to the agencies, departments and committees who participated in developing the City ofDenton's 2005-2009 Consolidated Plan. Approved by Denton City Council on {Date} Approved by the U.S. Department of Housing and Urban Development on {Date} A www.ciiyofdenton.com ADA/EOE/ADEA Table of Contents 1. INTRODUCTION 1 II. CONSULTATION AND CITIZEN PARTICIPATION 2 III. POPULATION, HOUSING, AND EMPLOYMENT CHARACTERISTICS 5 IV. HOUSING NEEDS ASSESSMENT AND STRATEGIES a. Rental Housing 21 b. Owner-Occupied Housing 24 C. Homeownership ..................................................................................................26 d. Middle Income 27 e. Special Needs Housing 29 f. Public Housing 31 g. Homelessness and the Continuum of Care 31 h. Lead-Based Paint Hazards 39 VII. NON-HOUSING COMMUNITY DEVELOPMENT a. Human Services 42 b. Public Infrastructure and Public Services Facilities 45 C. Anti-Poverty and Economic Development 47 V. BARRIERS TO AFFORDABLE HOUSING 49 VI. INSTITUTIONAL STRUCTURE ...................................................................................54 VIII. APPENDIX a. HUD Priority Needs Tables for Housing and Community Development 58 b. Denton Citizen Participation Plan 61 C. Rental Rehabilitation Map 64 d. Home Improvement Map 65 e. Denton's Permit Schedule 66 f. Homeless Count 2000 through 2005 74 g. Glossary 75 INTRODUCTION The City of Denton receives grant funds annually from Congress according to an entitlement allocation formula whereby all cities with populations over 50,000 are awarded funds by the U. S. Department of Housing and Urban Development (HUD). Congress appropriates funds to HUD for a number of programs. Entitlement cities are required by HUD to submit a five-year Consolidated Plan, which consolidates the planning, application and reporting requirements for the following federal programs: Community Development Block Grant (CDBG) was authorized under Title 1 of the Housing and Community Development Act of 1974. This formula-based program is designed to develop viable communities by providing decent housing, a suitable living environment, and expanding economic opportunities for low and moderate income persons. HOME Investment Partnership Program (HOME) was authorized under title II of the Granston-Gonzales National Affordable Housing Act of 1990. This formula-based program designed to increase homeownership and affordable housing opportunities for low and very low-income persons. American Dream Downpayment Initiative (ADDI) was signed into law on December 16, 2003. The program will assist low-income first-time homebuyers in purchasing single- family homes by provided downpayment and closing costs assistance. ADDI will be administered as part of the HOME Investment Partnership Program. Denton's 2005-2009 Consolidated Plan describes the city's strategies and resources for the next five years creating a stronger link between the needs, strategies and available resources in Denton. Denton's Consolidated and Action Plans are a culmination of a collaborative effort between local citizens, nonprofit, organizations, the educational community, citizen comments, elected leaders, Community Development Advisory and the Human Services Committee and the City, which establishes a unified vision for community development actions. This process allows for more effective coordination of efforts by consolidating federal requirements, submissions and planning for Denton's CDBG and HOME programs. Page 1 CONSULTATION AND CITIZEN PARTICIPATION The following is a brief explanation of the community participation/consultation activities carried out as part of the Consolidated Plan process. See Appendix B on page 61 for Denton's Citizen Participation Plan. LEAD AGENCY The Community Development Division, City of Denton, is the lead agency for preparation and dissemination of the Consolidated Plan for Housing and Community Development. Other organizations that will assist in administering programs covered by the Consolidated Plan include various social service agencies that receive CDBG, Supportive Housing Program and Emergency Shelter Grant (funding from State) funds. Also, Denton's only Community Housing Development Organization, the Denton Affordable Housing Corporation and other housing providers such as Habitat for Humanity. CONSULTATION PROCESS A. Community Needs Assessment - Collaboration with the United Way to develop and carry out a community needs assessment. The Community Assessment conducted several focus groups to provide a community perspective of future challenges and areas of concerns. The focus groups included the Denton County Homeless Coalition, Denton Information Network, and Success by Six Children's Coalition. Each focus group discussed three questions: (1) What do you see as the top three most significant housing, health or human service issue or problem facing residents of the City of Denton? (2) What do you see as the top three most significant unmet needs in the City of Denton? (3) What challenges or barriers do you think City of Denton residents and organizations will face in trying to meet future housing, health, and human service needs? The coalitions used as focus groups represent a wide selection of health and human services areas including: emergency shelter, housing programs, crisis assistance, child neglect and abuse agencies, County Health Department, childcare, social service agencies, Denton Independent School District, Local Workforce Board, early childhood intervention programs, family support agencies, Denton County Mental Health Mental Retardation, and volunteer programs. B. Public Hearings - Hearings to discuss broad and more specific areas of community needs. Hearings were targeted to low-income households and predominately minority populations. One hearing was held in Spanish and members of the local LULAC and Hispanic Chamber participated in outreach for the hearing. See Action Plan for minutes of public hearings. C. Denton Housing Coalition - Discussions with Denton Housing Coalition regarding housing priority needs and filling the gaps on the institutional structure. Page 2 D. Council-Appointed Committees - Participation by Council-appointed committees, the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). Both groups will review the plan and develop recommendations for presentation to City Council. The HSAC committee also develops recommendations for general fund dollars for public services. E. Community Development Division - Staff discussion on needs and survey of other City personnel to determine community development needs. Staff coordination of process and completion of the plan document. F. Other Cities - The following cities were contacted and invited to comment on the Consolidated Plan: Argyle, Carrollton, Corinth, Flower Mound, Krum, Lewisville, Shady Shores. No comments were received. G. Continuum of Care Consultations - The Denton County Homeless Coalition (DCHC) meets on a quarterly basis to discuss the needs of the homeless and potentially homeless in the local area. The DCHC Steering Committee acts as the plenary body for the continuum of care. Both the Steering Committee and the general body members of the DCHC were given an opportunity to review and amend the information and regarding the needs of the homeless and potentially homeless. H. Denton Children's Coalition Success By 69 - Denton's Children's Coalition Success by 69 meets on a monthly basis to discuss the early learning needs of the local area. As the local early learning local council, the Denton Children's Coalition Success by 69 acts to help develop, operate, or enhance voluntary early learning programs for children. 1. 100% Geriatric Services in Denton County Workgroup - 100% Geriatric Services in Denton County Workgroup meets on a quarterly basis to discuss the geriatric service needs of the local area. As the local geriatric services council, the 100% Geriatric Services in Denton County Workgroup acts to help identify, develop, operate, or enhance programs for older residents of Denton County. EFFORTS TO BROADEN PUBLIC PARTICPATION A. Advertisement of public hearings in the Community Development newsletter and flyers that were disseminated in English and Spanish. The newsletter goes out to community development clients, the public hearing mailing list of interested persons, city employees, local churches, social service organizations and other organizations. B. Community Development and United Way staff held focus groups with several groups including a) Success by Six (preschool educational support; b) Denton Information Network (various State and local service providers) c) Denton Housing Coalition C. Surveying social service agency personnel and clients receiving services. Page 3 CITIZEN PARTICIPATION To ensure citizen participation in the 2005 Consolidated Plan, City staff followed the Citizen Participation Plan. Public hearings were held December 6th and 13th. The December 13th public hearing was held in Spanish. The public hearings updated citizens on the status of current programs and activities and asked about the needs of the community. Both of the public hearings were held within a low and moderate-income neighborhood. Information on the public hearings was included in the Community Development newsletter that was mailed out to neighborhood associations; service agencies and beneficiaries; city council, Human Services Committee (HSC) and Community Development Advisory Committee (CDAC) members; churches; contractors; participating lenders; citizens who attended previous public hearings; and interested citizens. A notice was also placed in the Denton Record-Chronicle. After the Consolidated Plan was drafted, advertisements were placed in the Denton Record- Chronicle summarizing the plan and announcing to the public where the plan was available for review, and the process for submitting comments to the City of Denton. The advertisements also included information on the upcoming public hearing. Ads were also placed on the local governmental channel, the local community bulletin and in the quarterly Community Development Newsletter that is mailed to all agencies, applicants, Realtors, participating lenders, committees, and city employees. All comments received from the public were addressed before submitting the plan to the U.S. Department of Housing and Urban Development. The advertisement also included timeframe for the thirty-day comment period, the locations of the plan and where to direct comments on questions. Adjacent communities were contacted. They were given the opportunity to review the 2005- 2009 Consolidated Plan and provide comments. To ensure citizen participation at all stages of the 2005 Action Plan process, one public hearing was be scheduled on April 5, 2005 during a City Council Meeting to give citizens the opportunity to comment on the 2005 Consolidated Plan. See pages 36 of the 2005 Action Plan for minutes of the public hearings. Page 4 POPULATION, EMPLOYMENT AND HOUSING CHARACTERISTICS Population The chart below illustrates Denton's population growth and projected growth to the year 2020. From 1990 to 2000 the population increased by 21.5%. The only decrease in the growth rate occurred between 2000 and 2005. Projections indicate that the population of Denton between 2005 and 2015 will increase by 43.5%. Denton is experiencing strong growth along with other communities in the Dallas-Ft. Worth metropolitan area. Population Growth and Projections 1990 66,270 1995 69,875 5.4% 2000 80,537 15.3% 2005 92375 14.7% 2010 108,042 17.0% 2015 132,579 22.7% Source: U. S. Census 2000 and North Central Texas Council of Governments, April 2003. Population by Race and Ethnicity From 1990 to 2000, the non-white population in Denton increased by 64%. The chart below illustrates the growth in racial and ethnic minority groups from 1990 to 2000. The U.S. Census Bureau considers race to be separate from ethnicity. The two are distinct concepts. Persons who are of Hispanic origin may be of any race. Denton Population By Race and Ethnicity Persons % of Persons % of Change % Change Total Total White 54,315 82.0% 60,900 75.6% 6,585 12.1% Black 6,316 9.5% 7,344 9.1% 1,028 16.3% American Indian 299 0.5% 464 0.6% 165 55.2% Asian & Pacific Islanders 1,860 2.8% 2,774 3.4% 914 49.1% Other Single Race 3,480 5.3% 7,126 8.8% 3,646 104.8% Two or More Races N/A N/A 1,929 2.4% N/A N/A Total Population 66,270 100% 80,537 100% 14,267 21.5% Hispanic Origin (Any Race) 5,937 9.0 13 188 16.4% 7 251 122.1% Source: 2000 U. S. Census Data Page 5 Race and Ethnicity Breakdown for the City of Denton Source: 2000 U.S. Census data Asian & Two or More American Pacific Indian Races Islanders 0 2% ° 3% Other Single Black Race 8% 8% Hispanic Origin (Any Race) 14% White 65% Census tract 212 in Southeast Denton and 209 in Southwest Denton have the highest percentage of minorities by race in Denton with 47.28% and 42.42 respectively. Census tracts 209 in Southwest Denton and 206.02 in Northeast Denton have the highest percentage of Hispanics of any race with 37.48% and 27.47%, respectively. The following tables provide information that indicates the minority concentration based on race and ethnicity by census tracts. Minority concentration is defined as any census tract that has more than 30% of its population as minority. Minority Concentration by Race Minority Concentration by Ethnicity 213.01 23.10% 212 21.46% 204.01 25.15% 214.01 23.26% 207 27.00% 206.01 25.54% 206.02 27.87% 208 25.67% 208 29.65% 206.02 27.47% 211 30.37% 209 37.48% 210 31.32% 206.01 35.03% 209 42.42% 212 47.28% Source: 2000 U. S. Census Source: 2000 U. S. Census Page 6 The following map shows the minority concentration based on race by census tracts in the city of Denton. ~ pRl 01 RISE hIN x 02. 02 n2 4.02 Minority Concentration - by Census Tracts ? 0 - 25% LII of N204 01 02 +25%-30% - L CRIPT a a +31%-40% +41%-50% ` 212 +50%-100% Source: U.S. 2000 Census sEY n2 B.On v.ET RU l.~ 3 F'JST a NGEICE - .~?.1.i ( rh ~ q 5 P 03 Housing Supply The tables below indicate that the number of housing units has increased by approximately 14% in the ten-year period from 1990 to 2000. The greatest increase was in the percentage of single- family units. The definition of "single-family includes both single-family detached and attached units. City of Denton Housing Stock Comparison 1990 -2000 1990 13,207 13,369 2,215 28,791 2000 16,400 14,544 1,809 32,753 Change 24.2% 8.8% -18.3% 13.8% Source: U. S. Census of Population and Housing Page 7 City of Denton 2000 Housing Stock & Vacancy Rate Single Family 16,400 50.1% 660 4% Multi-Family 14,544 44.4% 984 6.7% Mobile Home 1766 5.4% 209 11.8% Other 43 .1% 0 0% TOTAL 32,753 100% 1,853 5.6% Source: U. S. Census of Population and Housing The 2000 Census information above indicates that single-family units made up just over 50% of the total units in Denton. According to the 2000 Census, rental vacancy rates are at 91%, which is higher than the vacancy rate in 1990. It appears that more units are available both for multi- family and single-family housing. Competition for renters could decrease the rental rates and make units more affordable. City of Denton Number of New Units Permitted 1990 - 1998 1990 104 0 17 121 1991 134 0 13 147 1992 196 0 32 228 1993 307 0 -0- 307 1994 252 0 7 259 1995 258 0 162 420 1996 267 14 447 728 1997 265 9 463 737 1998 590 0 499 1,089 TOTAL 2,373 23 1,664 4,060 Percent 58% 1% 41% Source: City of Denton Building Inspections Department, 1999 Building permit activity since 1990 indicates the changing demands for housing, particularly since 1995. In 1998, the number of new housing units permitted was more than twice the annual average since 1990. This trend toward increasing single-family units continues through 2000 and beyond as indicated by the chart below. The adopted Denton Plan calls for a 60:40 ratio of single-family to multi-family housing (excluding others) by the year 2020. As of August 31, 2004, the SF to MF ratio was 55:45. Page 8 Census-April 2000 30,944 16,400 50.07% 14,544 44.41% 4/2000 - 12/2000 31,391 220 52.95% 227 47.05% 1/2001 - 12/2001 32,897 1.078 53.80% 428 46.20% 1/2002 - 12/2002 34,904 1,253 54.29% 754 45.71% 1/2003 - 12/2003 35,844 897 55.37% 43 44.63% 1/2004 - 10/2004 37,761 899 55.07% 928 44.93% Total Units 20,747 16,924 Source: City of Denton Planning & Development Department Housing Tenure Housing tenure is a leading indicator in communities that desire to create or maintain a "sense of place." Homeownership can indicate the level of commitment that residents have for their community. At 41.7%, Denton has a very low percentage of owner-occupied housing units compared to the State's percentage. The large number of university-related households is a significant factor contributing to the low percentage of owner-occupied housing. The growth of UNT and TWU paralleled the decline in owner-occupancy rates in the city. In 1960, the city's percentage of owner-occupied housing was relatively close to the statewide rate, but by 1990 the city's owner-occupancy rate was less than two-thirds of Texas overall. From 1990 to 2000 the percentage of owner-occupied units has increased but not significantly. Below are charts showing the difference in owner vs. renter occupancy between Denton and other Denton County entitlement cities and the change in Denton's owner-occupancy rate since 1960. 2000 Owner/Renter Comparison City of Denton & State of Texas Owner-Occupancy Rate 1960 -2000 Total 39,136 30,895 16,179 30,043 1960 60.3 64.8 Owner 1970 51.3 62.7 occupied 25 710 12 960 15 024 16 184 1980 46.7 67.2 Renter 1990 39.3 60.9 occupied 13 426 17 935 1 155 13 859 2000 41.7 63.8 Source: U. S. Census of Population and Housing Source: U. S. Census of Population and Housing Page 9 With respect to housing tenure, Denton is a much different place than it was in 1960. In 1960, the City of Denton's population of 26,844 represented more than 56% of all the population in Denton County. Since then, Denton has become a much smaller percentage of the Denton County population and housing tenure shifted dramatically toward rental housing. Significantly more renter-occupied units have been added to the housing supply than owner-occupied units. Between 1960 and 2000, additional renter-occupied housing grew by 14,988 units or 64% of all housing units added to the city's housing stock. However, as stated above in the period from 1990 to 2000, more single-family units than multi-family units have been permitted for construction. City of Denton Population & Housing Tenure 1960 - 2000 1960 26,844 4,594 3,025 1970 39,874 6,106 5,790 1980 48,063 8,142 9,283 1990 66,270 10,058 15,661 2000 80,537 12,887 18,013 1960-2000 +53,693 +8,293 +14,988 % Change +200% +181% +495% 1960-2000 Source: U. S. Census of Population and Housing Rental housing in the city is not only prevalent in typical multi-family structures, but extends to single-family residences and mobile homes as well. According to the 2000 Census data, 26.8%, approximately one of every four occupied single-family units in Denton is renter-occupied. This is a slight decrease from the 28% figure in 1990. City of Denton Occupied Housing Stock 2000 Single Family 15,740 50.9% 11,520 73.2% 4,220 26.8% Multi-Family 13,560 43.9% 201 1.5% 13,359 98.5% Mobile Home 1,557 5% 1,130 72.6% 427 27.4% Other 43 .1% 36 83.7% 7 16.3% TOTAL 30,900 99.9% 12,887 41.7% 18,013 58.3% Source: U. S. Census of Population and Housing Page 10 Housing Market Analysis Vacancy 0 & 1 3+ Substandard Housing Stock Inventory Rate Bedroom 2 Bedrooms Bedrooms Total Units Units Rented/Owned Occupied Units: Rente 8272 6360 3381 18013 Occupied Units: Owne 485 1669 10733 12887 Vacant Units: For Ren 4% 484 530 175 1189 Vacant Units: For Sale 1% 20 60 180 260 Total Units Occupied & Vacan 9261 8619 14469 32349 0 Rents: Applicable FMRs (in $s) 713 868 1,412 Rent Affordable at 30% of 50% o I (in $s) Public Housing Units Occupied Units 0 0 0 0 0 0 Vacant Units 0 0 0 0 0 0 Total Units Occupied & Vacan 0 0 0 0 0 0 Rehabilitation Needs (in $s) 0 0 0 0 0 0 Condition of Housing Census figures indicate that 9,875 housing units in Denton were built before 1970. This number represents approximately 40% of the housing units in Denton. Units built prior to 1970 have a high incidence of substandard features. A high percentage of these units are located in the low- income areas of Denton. Housing Price Housing price is the reflection of supply of and demand for housing. In the previous Consolidated Plan, the period from 1993 to 1998 saw a 60% increase in housing price in the area. The most recent six-year period indicates that housing price is increasing at a much slower rate. From 1998 through 2003, the median sales price, based on all housing transactions in the Denton Multiple Listing Service (MLS), area increased by 23%. From 1997 to 2003 the percentage of homes selling at less than $100,000 decreased from 38.8 to 10.3 percent. This is a significant decrease in the availability of units in this price range. Denton MLS Area Annual Median Sales Price of Houses 1997 -2003 Average Cost of Apartments in Denton 1998 $124,800 1999 $132,800 Efficiency $428.00 2000 $144,700 1 Bedroom $538.00 2001 $151,000 2 Bedroom $687.00 2002 $152,100 3 Bedroom $898.00 2003 $153,900 Source: Planning and Development Dept., City of Denton Change +23% Source: Real Estate Center at Texas A & M University Page 11 Denton is home to two State universities - The University of North Texas and Texas Woman's University. As a result, occupancy rates during the fall, winter and spring are higher. Occupancy levels are substantially reduced during the summer months. The chart below indicates that Denton has a higher percentage of single-family units valued below $120,000 than the surrounding communities. More than 55% of Denton's single-family units fall into this range. The community with the next highest percentage is Lewisville with less than 35% of units being valued at less than $120,000 2004 Single-Family Units by Appraised Value $1 to $14,999 196 95 25 43 26 $15,000 to $29,999 485 124 42 12 6 $30,000 to $59,999 1,897 446 140 40 44 $60,000 to $119,999 8,706 5,374 985 139 843 $120,000 to $199,999 7,405 10,471 7,423 1,896 3,691 $200,000 to $399,999 1,463 815 9,067 2,233 1,122 $400,000 to $749,999 109 10 1,176 317 10 $750,000 and Above 3 - 87 28 1 Total 20,264 17,335 18,945 4,708 5,743 Source: Denton Central Appraisal District, 2003-2004 Certified Values Household Size, Composition and Income Since 1960, the last census when owner-occupancy in Denton resembled statewide data, the average household size in Denton has decreased from 3.0 to 2.35 persons per household. In 2000, 66% of all households in the city had only one or two persons. City of Denton - Persons per Household 1960 -2000 1960 26,844 4,239 22,605 7,619 2.97 1970 39,874 6,929 32,945 11,896 2.77 1980 48,063 6,653 41,410 17,522 2.36 1990 66,270 6,994 59,276 25,702 2.31 2000 80,537 7,842 72,695 30,895 2.35 Source: U.S. Bureau of Census Page 12 University students living off-campus may be responsible for both the decreases in owner- occupancy and household size in Denton. In 1970, the group quarters population in Denton was 6,929, mostly college students living in dorms, accounting for 17% of all population in Denton. In 2000, the number of residents living in group quarters rose to 7,842, but was less than 10% of the total population. As stated above, from 1960 to 2000, the average household size in Denton went from 3.0 to 2.35. In 2000 household size in Denton was approximately 12% less than in Denton County as a whole - 2.35 versus 2.67 per household. Household composition is important in understanding the demand for each type of housing in the community. Denton has a significant majority of small households. Two of every three households have only one or two people; less than one of every five households has more than three people. City of Denton - Number of Persons per Household - 2000 lPerson 9,737 31.5 31.5 2 Persons 10,614 34.3 65.8 3 Persons 4,656 15.1 80.9 4 Persons 3,393 11.0 91.9 5 Persons 1,542 5.0 96.9 6 Persons 552 1.8 98.7 7 or more Persons 401 1.3 100 Source: U.S. Bureau of Census Denton also has an unusually small percentage of residents that live in family households, compared to other entitlement cities in the area. ini Cit of Denton -Percent of Population in Families in 2000 Denton 80,537 62.4% 2.3 5 Lewisville 77,737 80% 2.58 Carrollton 109,576 85.7% 2.78 Flower Mound 50,702 94% 3.12 Denton County 432,976 81.7% 2.67 Source: U.S. Bureau of Census As late as 1970, the population of the City of Denton accounted for more than half the total population of Denton County. By 2000, the city's share of county population had decreased to 18.6% of total county population. Denton still has a concentration of the county's poorest persons, households and families. Nineteen percent of all persons, 22% of all households, and 10% of all families in Denton in 1990 lived in poverty. The percentage of families living in poverty in the balance of the county was 3%. Person and household measures may reflect student-related population, but the percentage of families living in poverty in Denton has little to Page 13 do with the universities. The city had more than half of all persons and households in Denton County that lived in poverty and nearly half of all families. Denton County Comparison Persons, Households & Families In Poverty - 1990 Total Population 80,537 273,525 29.4 Persons in Poverty 12,273 21,861 56.1 Households 25,702 102,025 25.2 Households in Poverty 5,604 9,128 61.4 Families 13,786 70,331 19.6 Families in Poverty 1,366 3,195 42.8 Source: U.S. Bureau of Census, 1990 2000 Census information continues to illustrate that fact that Denton has a higher percentage of persons and families in poverty than other communities in the County and Denton County itself. More than 40% of the individuals below the poverty rate in Denton County reside in the City of Denton. Denton County Comparison Persons & Families in Poverty - 2000 Carrollton TX 6,057 1,189 28,932 4.1% Flower Mound TX 1,266 314 14,262 2.2% Lewisville TX 4,629 788 19,815 4.0% Denton Count TX 28,039 4,601 111,324 4.1% Source: U. S. Bureau of the Census, 2000 In terms of household and family income, the City of Denton is below the rest of Denton County. Denton County Comparison Household and Family Income - 2000 1 M mi Carrollton TX 62,406 68,672 99.1% Denton TX 35,422 51,419 74.2% Flower Mound TX 95,416 98,055 141.5% Lewisville TX 54,771 63,719 91.9% Denton Count TX 58,216 69,292 Source: U.S. Bureau of Census Page 14 According to the 2000 Census information, the following maps show the concentrations of low- income households in Denton. Low-income concentration is defined as a block group that has at least 51% low-income households. Concentration of low-moderate income households Highlighted block groups have at least 51% low/moderate income Nb'n 1 ]3 yP~ T Tf P ¢ rO RIM1 5 N p~ } F~ RI FIPTI F _ .i u ~ n i ;F} h f 1 '£Y r _I y,` ~ yjts, f ~L.. f t. --y {'.~n ~ _ 4•~ ~ :.'E:lC6.R -s•.. _ ~ I{ METR t W fI i 4 Ell ❑ReIA ~ - R~SELAWN FlOPSOhF. 0 C, FNI2449 L Dli ~R4S O RIN TRIRF 5 Q m s - aHN Concentration of Low/Mod Income by Block Groups 0-50% I DEN ~ 51%-60% CRIPT 'R 61%-70% y 71%-80% 81%-90% 91% -100% ROSTER Source: 2000 U.S. Census oReln ~ I Y ROSEL4LtiN c u~.. itn~0 ppR rittir ° L pn Page 15 Assisted and/or Housing for Low-Income Households The City of Denton has no conventional public housing. The Denton Housing Authority administers a Section 8 program and manages family and elderly multifamily housing units owned by DHA non-profit subsidiaries. Several low-income housing tax credit projects have been developed. No net loss in assisted units is expected in the next 5 years. Affordable Rental Housing Inventory Denton Housing Subsidized units in Authority City of Denton Section 8 943 Country Park Affordable Family LIHTC 120 Apartments Units The Waterford at Affordable Family LIHTC 156 Spencer Oaks Units Rosemont at Pecan Affordable Family LIHTC 250 Creek Units Primrose at Sequoia Affordable Elderly LIHTC 250 Park Units Pecan Place (DHA) Subsidized Elderly LIHTC; CDBG 24 Units Renaissance Courts Affordable Family LIHTC & DHA private 150 (DHA) Units financing Pebble Brook Affordable Family Texas Multifamily Bond 250 Apartments Units Funds Fairhaven Affordable Elderly Section 202 48 Units Fairoaks Subsidized Elderly Section 202 41 Units Denton Affordable Units for Disabled Section 811; HOME' 29 Housing Corp. HTF; FHLB; Private Denton Affordable Transitional Housing FHLB; TDHCA; 22 Housing Corp. Units HOME; Private Denton Affordable Affordable Family Private 7 Housing Corp. Units City of Denton Elderly & Special HOME TBRA 5 Needs Subsidies TOTAL UNITS AND/OR SUBSIDIES AVAILABLE 2,295 Page 16 Homeless and Special Needs Housing Inventory of Facilities and Services for the Homeless and Special Needs Populations Denton Housing Low-income households Provision of Section 8 rental assistance. 0 Authority Denton State School Persons with severe and Provision of residential care and support profound developmental services. disabilities Fairhaven Low-income elderly Provision of low-income housing and tenant based rental assistance. Family Health Care Indigent Pregnant Women Provision of pre-natal care to low-income expectant mothers. Fred Moore Clothing Low-income households Provision of free clothing. Room Fred Moore Day Low-income households Provision of infant day care and pre-school Nursery School day care and to low-income children between 0 and 5 years of age. HOPE, Inc. Low-income households Provision of transitional housing, 30-90 day assistance, and emergency financial assistance. Interfaith Ministries Low-income households Provision of emergency utility assistance, prescription assistance and other emergency financial services. Meals on Wheels Low-income elderly Provision of home delivered meals. North Central Texas Low-income households Provision of child care assistance. Workforce Owsley Community Low-income households Provision of after school program, youth School music education, and English as a Second Language classes. People's Clinic Low-income households Provision of sliding scale primary health care. Reach, Inc. Persons with disabilities Provision of in-home training, counseling, ADA training, and support. Riding Unlimited Persons with disabilities Provision of therapeutic horseback riding. Salvation Army Homeless individuals and Provision of emergency shelter and social families services. Singing Oaks Church Low-income households Provision of emergency utility assistance, of Christ prescription assistance, food assistance, gas and emergency financial services. Page 17 Inventory of Facilities and Services for the Homeless and Special Needs Populations SPAN Elderly Provision of congregate and home delivered meals, information and referral and case coordination. SPAN/City of Denton Persons with Provision of a transportation system for transportation needs residents of Denton. TTRIPS Program Teen Parents Provision of case management and day care to teen parents working toward high school graduation. Trinity Presbyterian Non-Resident Low- Provision of immigration services. income households TWU CARES Low-income households Provision of primary health care. University of North Low-income persons with Provision of sliding scale mental health Texas and Texas mental health problems or services. Women's University illness West Texas Legal Low-income households Provision of legal services for tenant - Services landlord disputes. Denton Housing Low-income households Provision of Section 8 rental assistance. Authority Denton State School Persons with severe and Provision of residential care and support profound developmental services. disabilities Fairhaven Low-income elderly Provision of low-income housing and tenant based rental assistance. Family Health Care Indigent Pregnant Women Provision of pre-natal care to low-income expectant mothers. Fred Moore Clothing Low-income households Provision of free clothing. Room Employment As of October 2004 the available workforce for the city of Denton was 63,473. Denton is fortunate to draw workers from the Dallas and Fort Worth areas representing 5.1 million people, as well as north to the southern Oklahoma border. The unemployment rate in Denton during 2004 has ranged from a high of 7% in January to a current low of 5.1% (October 2004). The following provides information on the major public and private employers in the City of Denton. Page 18 Peterbilt Motors -Headquarters & Plant (Diesel Trucks) 1,800 Denton Regional Medical Center Hospital 770 Denton Community Hospital / Presbyterian Hospital of Denton-Spring 2005 550 Victor Equipment (Welding Equipment) 512 Anderson Merchandisers distribution 500 Sally Beauty (Int'l HQ of Beauty Supply Distributors) 500 Jostens Class Ring Manufacturer 280 Vacation Tour & Travel (Call Center) 256 Acme Brick Brick Manufacturer 225 United Copper (Copper Wire) 191 Morrison Milling (Flour Grain Mill) 190 Russell Newman Ltd Slee wear/Loun ewear 180 CBS Mechanical (Mechanical Contractor) 175 General Telemarketing International Call Center 170 Liberty Christian School (Private School) 170 Denton Rehabilitation & Nursing Center (Retirement/Nursing Home 160 Tetra Pack (Aseptic Packaging) 160 Wells Fargo (Bank) 151 NuconSteel Steel Manufacturing) 150 Precision Pattern Inc. (Jet Interior Manufacturing) 150 The Vintage (Retirement/Nursing Home 150 Senior Care Health and Rehabilitation Center (Retirement/Rehabilitation) 140 Mayday Manufacturing (Aerospace Machined Parts) 125 Denton Good Samaritan Village Retirement/Nursin Home 108 Lake Forest Good Samaritan Village (Retirement/Nursing Home) 100 Ben E. Keith Beers Distribution 100 University of North Texas 2,850 Denton Independent School District 2,461 Denton State School 1,450 Denton Count 1,409 City of Denton 1,125 Texas Woman's University 897 FEMA (Regional HQ & Call Center) 250 constant up to 1,000 Data from the Texas Workforce Commission indicates that salary and wage levels continue to increase. The following is a chart indicating average wages for specific occupations in Denton. Page 19 Wage Rates Comp uter Programmer 34.71 25.59 43.35 Computer Support Specialists 23.61 16.13 29.34 Construction Laborer 10.84 8.23 11.69 Electrician 18.42 14.99 21.79 File Clerk 11.59 9.34 13.36 Graphic Designer 21.84 15.62 25.62 Human Resource Assistant 15.83 12.48 18.46 Licensed Practical Nurse 18.35 15.24 20.98 Machinists 15.67 12.60 18.47 Maintenance & Repair 13.94 10.38 17.13 Market Research Analyst 30.07 19.59 38.76 Medical Transcriptionist 17.72 11.08 24.56 Order Clerk 12.51 9.03 15.15 Retail Salesperson 11.21 7.57 12.31 Tool & Die Maker 18.87 14.99 22.84 *Source Workforce Development November 2003 OES Survey Highlighted occupations indicate those that could be compared to occupations included in the 2000 Consolidated Plan. Hourly rates in these comparable occupations increased by an average of $6.12. Only two of the comparable rates increased more than $10.00 per hour, those were the accountants and the registered nurses. Less skilled positions did not experience the same level of increase. Page 20 HOUSING NEEDS ASSESSMENT AND STRATEGIES Rental Housing The 2000 Census indicates that 12,688 or 71% of the 17,828 renter households in Denton are low-income. The table below illustrates that 66% of the renter households in Denton are below 50% of the area median income and are considered very low-income households. These numbers indicate a 6% decrease in the percentage of very low-income renter households in the City of Denton since 1990. Appendix A "Priority Housing Needs Summary Table" on page 58 includes information on housing needs for renters and homeowners. Renter households in need of housing assistance include those that: • Have an income that is less than 80% of the area median income • Pay more than 30% of their income on housing expenses, including utilities • Live in substandard or overcrowded housing LOW-INCOME RENTERS NEEDING HOUSING ASSISTANCE Elderly 369 46% 258 33% 172 22% 799 6.2% Small 960 31% 869 28% 1304 42% 3133 24.4% Large 262 38% 121 17% 309 45% 692 5.4% Other 3565 43% 2098 26% 2534 31% 8197 64.0% Total Renter Households 5156 3346 4319 12821 100.0% % of Income Level 40% 26% 34% 100.0% Source: SOCDS CHAS Data The following statistics from the 2000 Census provide information regarding very low-income renters in Denton. These renters meet one or more of the criteria for "renter households in need of assistance". 1. 59% of Hispanic renter households are in this category. 2. 58% of Black non-Hispanic renter households are in this category. 3. 49% of White non-Hispanic renter households are in this category. 4. 48% of Asian renter households are in this category. Page 21 5. There is a high incidence of housing problems and cost burdens among African- American, Hispanic and Asian households. 6. The highest incidence of housing problems and high to severe cost burdens is among large and elderly renter households. 7. 71.4% of large renter households report housing problems. 8. 54.8% of elderly renter households report housing problems. 9. 31% of the elderly renter households in this category have a cost burden, 37% have a severe cost burden. The Denton Housing Authority continues to have a high number of families on the waiting list for Section 8 assistance. The following chart provides information on the Denton Housing Authority's waiting list. Denton Housing Authority Section 8 Waiting List By Racial/Ethnic Statistics White 48% African-American 37% Hispanic (all races) 12% American Indian .6% Asian/Pacific Islander 2% The percentage of low-income renters in Denton has dropped 3% from 1990 to 2000. Historically, the high number of college students in Denton has contributed to high occupancy and rental rates. Though rental rates are still unaffordable for many households, the development of several new "family" apartment complexes has provided standard, affordable housing for many. Most of the units were developed as Low Income Housing Tax Credit projects. The number of LIHTC units in Denton is currently higher than the state average. Rental housing activities in the next five years should focus on maintenance of existing affordable units including lead hazard reduction, development of small mixed-income developments near major public transportation routes, shopping areas, schools, etc., self- sufficiency programs for those on assisted housing programs and homebuyer assistance for renters that are ready to move to homeownership. Page 22 U on . U ct c 121. O O U H .-i .2 14 12 V'~ N C) -cot an -n lc,nt R, 45 p Ln p sNy O Fop s-~ O U U s-i c 4 ti U pp O O C 40 U o 0 U c~ O 4y 0 O "s U p cC ,-O O 12" N , o cz '20 o -6 ~Z, U " - C CZ cn Ln 'n R R. a a a O. a as a a Q a.~ U bA p.., 4, U ~r ~ O ~ o~ U o ~ ro o Q cn Q ~UrCU Q~ o~U0.~UE U cclz QQ UUQ Ln L C-t Tr~~ O iUi ~ U U ICI ~ ~ ~ :O ,mss'-. N O . ~ ~ , O ~ • ~ 0 M o . d ¢ -o N U o 5 s. U) 0 to O U P-i U o ~ ~ U x ~ ~ Ox cz ~ c~i o o.~.~•~'~ C7 ~ 070. ~ c~ • ~ on O o . U ~ ~ ~ Q Q x Q O w a.~xxwQ~ a o„ ~4;., cz 4 o U o O o w L Ln cz x >C a.' o o 0 0 0 o U o y o 0 0 -cot o°'o ono o~ C-Z cz Ca "C V~ C~ O V] V] U as a~ c a~ U ~ a..~ w o o 0 •o U Ln ~.cN 'n cz U U" cz U U U O ca U Gp cd U cz O O O w~ ~ ~ ~w~~ ~ ~w ~ w~ w Ho•~ Owner-Occupied Housing LOW-INCOME HOMEOWNERS NEEDING HOUSING ASSISTANCE Elderly 350 26% 413 30% 594 44% 1357 38% Small 133 11% 337 28% 754 62% 1224 34% Large 54 14% 103 26% 238 60% 395 11% Other 144 23% 99 16% 380 61% 623 17% Total Households 681 952 1966 3599 100% % of Income Level 19% 26% 55% 100.0% Source: SOCDS CHAS Data The following statistics from the 2000 Census provide information regarding very low-income homeowners in Denton. • 12% of homeowners are very low-income • 67% of very low-income owners have housing problems • 62% of very low-income owners have a cost burden, 39% have a severe cost burden • 56% of Hispanic owners experience housing problems • 47% of very low-income owners are elderly Compared with renters, homeowners in general have higher incomes and a lower incidence of cost burden. However, more than half of Denton's very low-income homeowners experience housing problems including a cost burden. Cost burdens make it difficult for very low-income homeowners to maintain their housing units in standard condition. Owner-occupied assistance programs have been developed based on the high percentage of very low-income owners experiencing housing problems. A high percentage of these are elderly households on a fixed income. Hispanic households also make up a disproportionately high percentage. Hispanic households may experience a language-barrier when accessing housing services. Local programs are designed and administered in an attempt to meet the needs of these special groups. Appendix A "Priority Housing Needs Summary Table" on page 58 includes information on housing needs for renters and homeowners. Page 24 ° p p ro o cz u •,r~I O U O 0 U 'C U O cz O ° U cz ! 'C ~ g ~ cz U cz N O S p W H 0 O' O U O O U U cz U cz ch cz ct U cz U N cz b~A p x u U O O O U N kr) W c~ O s- w U U c~ P cC P~ N Q O w U U Eli, ~ U PQ~¢x P CUUQQUUX '0 cz Z Ln ° o ,Uj ' cC • U • 0 U V N cut N c° cz Ln U) It C't, o cz Ln bUA Q o O o N cc O U bA ti) W o oo 0, x~ f~ L~. "C p w O ,r-." O O U O O 0 .0 ' O O U O Q~a Q° cz~waww tzue aw o w L 0 ~ U .O~ O ao ~ cz U O cz • bA to O cz o C O i cF C N cz o P~ P~ PL, o C) ~ ro ° ° ~ ' on o o °O o o Q P. o ~ E 'n r-L In cli P a~ P~U.~ ~U 8 w UU czrCUPa c~ ~~rC... U ~Qw oA ro o o ro°= o =o O I N ° o . o Cut Ln Homeownership The U. S. Department of Housing and Urban Development defines affordable housing as not consuming more than 30% of a family's gross income. The following chart illustrates housing expenses based on three units with varying sales prices. A sales price of $153,900 represents the annual median sales price of houses in Denton in 2003. The City's current Homebuyer Assistance Guidelines require that housing units cost no more than $100,000. Units most affordable to Denton's low and moderate-income households would cost $80,000 or less. M 0 Principal & Interest 6.5% 494.28 617.85 950.87 Property Taxes 2.7% 181.13 226.41 348.45 Homeowners Insurance 1% 66.67 83.33 128.25 Mortgage Insurance .5% 33.33 41.67 64.13 [Total Housing Expenses* 775.41 969.26 1,491.70 The affordability comparison in the tables below illustrates affordability for low to moderate- income households seeking homes in the price ranges above. Only households with an income of $59,668 or more could purchase a home costing $153,900. A wider range of low and moderate households could afford homes costing $80,000 or less. According to the Real Estate Center at Texas A&M University, the number of homes sold below $80,000 from 2000 to 2004 decreased every year in Denton County. This trend was also true for homes that sold under $100,000. The table below illustrates the percentage of total homes sold from 2000 through 2004. Under $80,000 6.6% 4.4% 4.1% 3.9% 4.5% $80,000 - $100,000 13.2% 10% 7.9% 6.4% 6.2% Source: Real Estate Center at Texas A&M University Units in the $80,000 or less price range are more likely to be older and in poor condition. Low- income households looking for affordable units in the City have indicated that very few units in this price range exist. Page 26 Housing Options for Moderate-Income Households (80% AMI) 1 $37,250 $11,175 NO NO 2 $42,550 $12,765 NO 3 $47,900 $14,370 NO 4 $53,200 $15,960 NO 5 $57,450 $17,235 NO 6 $61,700 $18,510 7 $65,950 $19,785 8 $70,200 $21,060 Housing Options for Very Low-Income Households (50% AMI) 1 $23,300 $6,990 NO NO NO 2 $26,600 $7 980 NO NO NO 3 $29,950 $8,985 NO NO NO 4 $33,250 $9,975 NO NO 5 $35,900 $10,770 NO NO 6 $38,550 $11,565 NO NO 7 $41,250 $12,375 NO 8 $43,900 $13,170 NO From this we can conclude that even fewer low and moderate-income households would find these units affordable. Comparison of income levels to the high cost of housing in Denton indicates a need for production of affordable units and provision of assistance to low-income households seeking homeownership. Middle Income Households 2000 Census information indicates that of the 30,853 total households in Denton, 14,433 had incomes from 81% to 95% of the area median income. The highest percentages of these households experiencing housing problems and cost burdens were in the elderly and large related renter households and large related owner households. A higher percentage of households with incomes below 81% are experiencing housing problems and cost burdens. At this time, there are no strategies designed to assist households at this income level. Page 27 cC v O a. O Q -cot b ° Q U "o U r3 O t"om" N'n b 0 o a o o E • s~~ ~ = O c° ° E 0 ~~~°'°U°~,e~ ~ c, u 0 O cz -g ° Ij o o o U ro o o o x ro o o • g o ro w ~aU~a.~w~a.. UQxQxUww Qxxx U ~ O U I~TI ~ ~ on ~ 00 ° ti) pp cC cz tj) O , ~ ~ w o on ~ on ~ ° =o 0 Q 'O -o Q Q =o ti) U row bA 'o 'o ,O cd cz 'o b -u '85 'o (0- 7 cz O y..i O P-i 0 0 'o O O o° •3'"" ,r-I U O U 'Inn w a~ ro O o° 0 0 o o o o~~ d a o o •o o ~ o~ o o Q o d o o~ o o a~~~QOU Q a U v~~ W PA ~UU~UQx P..~ ~ bJ~ .O t{.y O ' cz O ~ bA ccz bOA P. ~ ccq 'o N N O 'o v~ v pp O~ O Q O bA O .O U~ U v ¢i tc0 Special Needs Housing The following charts provide information regarding the estimates of need in various populations requiring supportive housing services. Low Income Elderly Needing Housing Assistance Renter-, 427 50.4% 209 24.7% 211 24.9% 847 25.0% Homeowners 449 17.7% 470 18.5% 770 30.4% 2536 75.0% Total Elderly 876 25.9% 679 20.1% 981 29.0% 3383 100.0% Source: HUD analysis of 2000 Census Data Persons with Disabilities Sensory Male 50 675 302 Physical Male 46 1,055 549 Mental Male 308 1,082 268 Self-Care Male 15 406 153 Going Outside the home Male N/A 1,165 316 Employment Disability Male N/A 2,564 N/A Sensory Female 64 687 455 Physical Female 17 1,378 1,149 Mental Female 117 1,101 483 Self-Care Female 20 362 445 Going Outside the home Female N/A 1,326 753 Employment Disability Female N/A 2,357 N/A Source: 2000 Census Data for City of Denton, Texas Housing with Supportive Services Needs Elderly/Frail 381 Rental assistance, meals, Fairhaven Retirement Center, Elderly housekeeping, health care, Denton Housing Authority, transportation SPAN, Texas Dept of Human Services Page 29 Housing with Supportive Services Needs AIDS Impacted 74 Rental assistance, childcare, AIDS Services, Denton Households employment/workplace re- Housing Authority, North entry training, budget Central TX Workforce Center counseling, nutrition assistance, other AIDS-related services Households 75-100 Counseling, rental assistance, Denton County MHMR impacted by support groups, transportation, Substance Abuse health care Mentally Ill and 450-500 Financial assistance-shelter, Denton County MHMR, North Cognitively food, clothing. Support TX Central Workforce Center, Disabled trainers, psychiatric care, case Denton Affordable Housing coordination, supportive Corp., TX Rehabilitation employment Commission, REACH, and ARC of Denton County Source: Denton-area special needs providers and Texas Department of State Health Services. The 100% Geriatric Services in Denton County Workgroup is the lead entity for aging services planning process for Denton County, Texas. The Geriatric Services Workgroups meets quarterly for planning, training, education, and information regarding the needs of the elderly in Denton County. The Geriatric Services Workgroup consists of representatives from the City of Denton including planning, parks and recreation, and community development officials as well as representatives from the University of North Texas - Department of Gerontology, Assisted Living Facilities, Adult Day Care, Nursing Home Facilities, Independent Living Facilities, Home Health Care, Medical Alert Devices and Equipment, Human and Transportation Supportive Services, Local Hospitals, and the Area Agency on Aging. The 100% Geriatric Services in Denton County Workgroup indicated some strategies to assist the elderly and frail elderly include: (1) expansion of services (2) coordination of services and (3) increased awareness of existing services to meet the needs of an aging elderly population. In addition, affordable and appropriate housing for the elderly was identified as a major concern in both the 100% Geriatric Services in Denton County Workgroup focus group and the Area Agency on Aging sponsored planning initiative. The Geriatric Services Workgroup has designated housing and services to allow the elderly to maintain current housing as long as practicable as priority needs in the community. Other special needs populations are considered "potentially homeless". Strategies to assist these groups are included in the Continuum of Care strategies. Page 3 0 Public Housing The Denton Housing Authority does not administer public housing. There are no public housing units in the City of Denton. Homelessness and the Continuum of Care HOMELESS The City of Denton has a homeless population above the national estimate for suburban fringe areas. According to Martha Burt's book: "Helping America's Homeless: Emergency Shelter or Affordable Housing" a suburban/urban fringe area rate of homelessness average is 8.6 per 10,000 residents. Using this formula for estimating homelessness for the City of Denton would calculate 78 homeless in 2004 as follows: 91,150 * 8.6/10,000 = 78. A point in time survey conducted by the Denton County Homeless Coalition on March 2, 2004 for both the sheltered and unsheltered homeless found 116 homeless with 32 in emergency shelter, 67 in transitional shelter, and 17 unsheltered. In addition this count identified 91 homeless persons in permanent supportive housing programs and 143 persons at-risk-to become homeless. The City of Denton has almost double the number of persons expected to be homeless in a suburban/urban fringe area. If included in the count, the "homeless" persons in the permanent supportive housing programs would bring the number of homeless in Denton up to 207 at the time of the 2004 point in time survey. This number is over two and half times the estimated number of homeless for a suburban/urban fringe area. See Appendix F on page 74 for a summary of estimated and actual number of homeless persons counted in the City of Denton from 2001 through 2005. House of other In In In Permanent persons/ Motel/hotel due Total Emergency Transitional Supportive economic to lack of Homeless Type Shelter Unsheltered Housing Housing hardship alternate Migrant Counted Total 32 17 67 91 140 2 1 350 Individuals 18 13 1 41 39 2 0 140 Families 14 4 66 50 114 0 1 249 Children < 18 5 4 44 25 83 0 1 162 The strategy for addressing the needs of the homeless and those-at risk to become homeless operate from five basic goals: I. Prevention - Provide assistance for low-income households to secure and sustain safe, decent affordable housing 2. Outreach - Improve community assessment of needs and services available 3. Emergency Shelter - Meet the emergency shelter and basic health, food, clothing, and personal hygiene needs of the homeless and victims of domestic violence. Page 31 4. Transitional Housing - Meet the transitional housing and supportive service needs of the homeless and victims of domestic violence in preparation for a move to permanent or permanent supportive housing. 5. Permanent Housing - Provide homeless and victims of domestic violence with permanent or permanent supportive housing. The City of Denton's strategy allows individuals to receive an array of supports towards self- sufficiency. The Denton County Homeless Coalition and the City of Denton believe coordinated services in these five areas can move a homeless individual or at-risk person to a long-term stay in permanent housing. CONTINUUM OF CARE STRATEGY EN Homelessness Prevention 1 EM 0 Outreach Immediate Needs Transition to Stability Maintaining Stability The Continuum of Care strategy is designed to address the unmet needs of homeless individuals and families with children by: 1) Supporting homelessness prevention assistance to over 1000 individuals/ families 2) Assisting with the implementation and use of a homeless management information system 3) Participating in strategic plans for discharge policies and long term solutions for the chronic homeless 4) Supporting over 5000 nights of emergency shelter stays 5) Supporting over 400 individual/families through a transitional shelter program 6) Assisting the local Continuum of Care find additional resources for permanent and permanent supportive housing. CONTINUUM OF CARE PLANNING PROCESS The Denton County Homeless Coalition (DCHC) is the lead entity for the Continuum of Care (CoC) planning process for Denton County, Texas. The DCHC general body meets at least four times a year for training, education, and information regarding homelessness and homeless prevention. The general body approves any major Continuum of Care decisions including: • Review and approval of goals for the provision of services; • Updates to priority services and service populations; • Identification of gaps in services, changes in services offered, and populations served. Page 32 A steering committee acts as the DCHC planning body and meets monthly to organize and conduct the regular business of the coalition including operating and procedural responsibilities. The Denton County Homeless Coalition elects a seven-member steering committee to represent a variety of interests by establishing a specific type of interest representation for each of the seven steering committee member seats. Continuity in planning and procedures process remains because each steering committee member serves a two-year term with re-election depending on seat number. All steering committee members with odd number seats are elected in odd numbered years, while members with even number seats are elected in even number years. Denton County Homeless Coalition Steering Member Seats (1) Designated HMIS project sponsor; (2) Homeless Provider or Housing Agency or Shelter Representative; (3) Homeless Provider or Housing Agency or Shelter Representative; (4) Business Community Representative or financial institution; (5) Non-profit Community Representative (support services); (6) At-large Representative -an individual, elected official, a currently or formerly homeless individual, law enforcement, faith-based organization or an additional non-profit agency; (7) At-large Representative - same description as seat six. ADDRESSING THE CHRONIC HOMELESS The Denton County Homeless Coalition believes a structured and seamless collaborative system of services and programs can move individuals experiencing chronic homelessness to sustainable permanent supportive housing. This transition to sustainable permanent housing is the key to ending chronic homelessness. The D.C.H.C. point-in-time homeless count taken in March 2004 (Denton County Homeless Count) identified nineteen sheltered and no unsheltered chronic homeless. It is likely that there were approximately forty-three chronic homeless that were not counted. These estimates were created by applying the Texas Homeless Network Statistics of 27% of unaccompanied adults among the homeless population as chronic homeless, to Denton's estimated number of homeless. At this time DCHC is moving from a coalition philosophy to a community strategy to end chronic homelessness. Since the coalition had difficulty finding examples of ten-year plans for communities with similar demographics, the steering committee decided to take a three-step planning approach to building a community strategy to end chronic homelessness. The first step was a small committee conducting research on strategies, stakeholders, goals, and activities to promote appropriate services for the community and chronic homelessness. In the fall of 2004, the small group completed their research and provided possible community directions for review by the steering committee. The Steering Committee used the information to move to the Step Two of the three step planning approach. Page 33 The second step is the identified community stakeholders and possible actions necessary to end chronic homelessness. Upon review of other successful planning processes to end chronic homelessness, the steering committee decided to approach local elected officials to sponsor and convene the community planning process. The DCHC is in the process of completing this step of the three step planning approach. The third step is to convene a large community meeting for all identified stakeholders to review, modify, and agree upon a plan for the community to end-chronic homelessness. The DCHC expects the community plan to end-chronic homelessness will build from current programs and services available. The Denton County Homeless Coalition has identified several obstacles to ending chronic homelessness including lack of major substance abuse services, healthcare services, and transportation. These items present significant barriers in moving the chronic homeless from experiencing homelessness to maintaining a stable environment. DISCHARGE PLANNING The Steering Committee inquiry in to current discharge policies of local institutions raised awareness regarding the lack of policies, policies of theory and not practice, and existing agreements or practices for discharge. Steering Committee research discovered: • The nearest mental health institution places the responsibility of discharge on clients place of origin mental health center, • The state's foster care program uses a legal statute as a discharge plan and no children should age out of foster care to the street, • Local hospitals developed relationships with local non-profits for clients to be discharged with prescription assistance and to available service; • A church reported a local police department dropped off a homeless man in the field behind the church. Since the current discharge policies are widespread and vary, the DCHC steering community felt that a community plan would be the best way to start the discussion of a unified discharge polices. The steering committee decided to include discharge planning as a component of the ten-year plan to increase visibility and support for a community approach to coordinated discharge practices. Page 34 City of Denton Continuum of Care Housing Gaps Anal sis Chart Current Under Unmet Need/ Inventory in Development in Gap 2004 2004 Individuals Emergency Shelter 25 0 39 Beds Transitional Housing 0 0 26 Permanent Supportive Housing 38 0 33 Total 63 0 98 Persons in Families With Children Emergency Shelter 40 0 59 Beds Transitional Housing 92 0 64 Permanent Supportive Housing 8 0 28 Total 136 0 151 Continuum of Care Homeless Population and Subpopulations Chart 2004 Sheltered Un- Emergency Transitional sheltered Total Part 1: Homeless Population n (n) (n) 1. Homeless Individuals 32 2. Homeless Families with Children 28 2a. Persons in Homeless with Children Families 84 Total (lines 1 + 2a) 32 67 17 116 Part 2: Homeless Subpopulations Sheltered Un-sheltered Total 1. Chronically Homeless 1 2. Severely Mentally III 5 3. Chronic Substance Abuse 2 4. Veterans 2 5. Persons with HIV/AIDS p 6. Victims of Domestic Violence 14 7. Youth (Under 18 years of age) p Page 3 5 ° sn' -cn CZ CZ 'n O ° ' o cz 'In, ti) o ° o °y o 'Inn 0 cz u cd p " 0.a O ° N cz CZ cz 'n Ui' v v v v a~ vl o 0 0 ono i on o 0 on O A ono 0 0 x u cz w ago ~ Q a °o cz ro y Q' ~C-C~ A Ln +C4 WSW czP, °c_;, W~UP~ Ln 'n Ln ro u s 2 o on v a~ o ~ U o ~ U ~ ~ o L~ ~ • U ~ N cz cz cz O U N 0.1 cz rA ro o U U U a~ tF-, 7C U w cz o ° w o cz U ~ ~ ' ' c~ ~ ' ~ ~ chi w ~ o O U cz cUC pA N O cUC p cn O p U to = w U O ° m U"C~ N ~ ~ CCU N M O U bA " o o o 0 0 o o o 0 0 sn' y .C ~ O cz 0 a U W ~ C7 ~ ~ ~ ~ ~ C7 ~ op ~ ~ ° ti) O Z Qw~aw cz w CZ Qw~a~ixa cw O ~ U U~~ 0 ~ U U CZ °LnLn7~ ° u 'n cz U, o ro 'n ti) Ln U O cut U Icnt ~o~ A 7~ a cz o O U U 4'. Ln v U A '5 'c p N w .U. ~ U O~ O O~ 0~ O U N Q a. on O ° 0,0 lC O N ° ct cz -b -b 44 u 7:$ O O p 0^ ~ O U 0.a ~ ~ U O U ,r~' bA W ~I z. IC4 cz N O a.Ln cz W ~ V . C 00 a 0 Boa CZ =o H a Z oUx~w 9299° 0 cz cv ° -o ~ ° F'r ~"r Lead-Based Paint Hazards In Denton, it is estimated that there are 9,714 existing housing units built from 1960 through 1977, 3,865 units built from 1940 through 1959 and 1,290 units built before 1940. Of those units it is estimated that 3,904 could present significant LBP hazards and at least 50 percent, or 1,952 units with significant lead-based paint hazards are occupied by renter and owner target households (incomes below 81 percent of the area median income adjusted for family size). Lead-based paint hazard is defined as any condition that causes exposure to lead from lead- contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the appropriate federal agency. Number of Occupied Housing Units - B Year Built M Post 1979 8,285 6,255 01A , 1979 (SF and MF Units Built per Bldg Inspections) 809 190 999 1978 SF and MF Units Built per Bldg Inspections) 199 293 492 1960-1977 (moderate LBP Hazards) 6,028 3,686 9,714 1940-1959 (Significant LBP Hazards) 21036 1,829 3,865 Pre 1940 (greatest LBH Hazards) 656 634 1,290 Total Units 17,357, 12,253, 29,610 Source: 2000 Census Sample Data QT-H7.Year Structure Built, Denton city, Texas; City of Denton Building Permit Data for 1978 and 1979 The lead-based paint strategy ensures the preservation of affordable housing through inspections, testing, rehabilitation and lead hazard reduction activities to sustain safe, livable housing. The lead- based paint strategy was developed after consultation with several local service providers including the Denton County Health Department, Denton Affordable Housing Corporation and the Denton Housing Authority. In addition, letters regarding the Denton's lead strategy, staff capabilities and regulating information regarding disclosure and inspections have been sent to local physicians and rental property owners/managers. These entities have been encouraged to actively participate in a comprehensive lead-based paint hazard reduction effort aimed at meeting the 2010 goal to end childhood lead poisoning in the Denton community. Both minor and major rehabilitation, reconstruction and down payment and closing cost assistance activities are available through HUD-funded programs in Denton for owner and renter-occupied properties. All projects assisted through the City of Denton Community Development Division will comply with the HUD Lead Safe Housing Rule, 24 CFR 35, subparts B through R and the State of Texas §295.201-220 Texas Environmental Lead Reduction Rules for units built before 1978. The City of Denton has two staff persons who are state certified lead risk assessors and one is a certified lead abatement project designer. The City owns an X-Ray Fluorescent (XRF) lead analyzer and utilizes a certified lab for soil and dust sample testing. Page 3 9 In the next five years it is estimated that 42 units will be identified as safe from lead-based paint hazards as follows: four (4) Rental Rehabilitation projects, 15 first time homebuyers, 13 owner- occupied rehabilitation/reconstructions and 10 owner-occupied minor repairs. These projects may include lead-based paint abatement and hazard reduction as well as first time homebuyer properties built before 1978 that pass visual paint inspection. All pre-1978 built properties known or presumed to have lead-based paint where project disturbs paint must comply with Federal and State regulations regarding lead-based paint and pass clearance testing at project completion. The City maintains a database on the lead-based paint status of all pre-1978 built properties that have been assisted with federal CDBG and HOME grant funds. In addition to lead hazard reduction activities, staff spends approximately two to three hours a week doing community outreach and education regarding the dangers of lead paint in housing. Page 40 O 'C O ~ •U v 'U ~ Cd cd ' cz C N N cut -tp co) 00 O O O •cz c N 0 't P. ' P. O ,-O •U 0 'C c O (7) 0 °U -cot U UP. N ~ N C~ N Q N p 0 Q -cot ct p Q 'z 0 o N" 0. ~ O bA cC N N N CZ o z o z -~UCZ 41. cz -0 ct a.~ ° sn' a o cz o 0 z `z • ' o cz ° o C'Z O c~ ~ ~ U N ~ ~ N cC ~ 'n A 1'. Ln NONHOUSING COMMUNITY DEVELOPMENT STRATEGY Human Services Denton has a very effective human service delivery system. Local organizations work cooperatively to achieve established goals for the community. The City of Denton recently collaborated with United Way of Denton County to complete a community assessment. The assessment identified community use of services and needs from a variety of perspectives to assist both organizations in targeting of scarce human service dollars. Human services activities in Denton are influenced by the city council-appointed Human Services Advisory Committee. The purpose of the HSAC is as follows: • To encourage interaction between community groups to bring about improvements in the human services delivery system; • To provide a forum that promotes better communication and coordination among human services organization; • To work closely with other funding organizations to coordinate funding efforts within the City; • To encourage in-depth evaluation of the effectiveness of the human service delivery system; and • To recommend action for implementation that would improve human services in the City of Denton. Due to the efforts of HSAC the City of Denton currently supports a variety of services with CDBG and City of Denton general funds including: • Advocacy services for abused children • After school care and activities for at-risk youth • Domestic violence prevention • Elderly meals services, housekeeping and volunteer support services • Emergency food and utility assistance • Health Care • Homeless services • Infant, toddler and preschool childcare • Homeless Management Information System • Services for persons with mental and physical disabilities • Summer playground programs targeted to at-risk youth • Transitional housing The human services strategies identify priority services and goals for the five-year period. Page 42 O U ° O N cz U 0 U U ~bA cz O O cz ,r-~ ~Ny N N ~ 0 R ti) N bn N u 4.' 4-i Q Cd N N to C:: cz N O° c u U z G' cz O O L: O p Z 4n = .4 r= 4 0 O kn cz O O ~+'C O U O 4-. cn cz c 7 o ° C v ro o on ° N cz 'o N N ~ bn bn ct O o C S s~ ~ ro o- o ono ~ w ° U o U~~ o~ -0 cn cC 8 --i N w ~ Ct on V ~ ~ M F~ cz P~ o o t o ti) U H PE Q o ~ ~ C7 0 o ~ ~ ro ~n ~ C7 0 • ~ ~ o ~ o x ~U°w°U~UQ a. w P- w U Q Uo Q a g to cz 'A0 8, Cnt bin O N by n c. U) I N 0 O ~O -Cot P CZ P t. P CA 41) 41) W cz cz O U N y O N N cz Z O 4- cz bA q cz C 0 cz cz u ~ o o O cz o o O 0 U U cz U ~ ~ • ~ ~ ~ U ~ cd ~ y0 U U U O .U. 81 C) ° ~ o o 0 cC ° o cz U ° cz o' 0 CZ ° cz ° U moo. ~ u CZ CZ ti) ct ro ai bA ° O ro ro on . o 5C ro cz cC N M U'" N M Q C U p a w U O ° +U' bcz cC A p y~ W U~~~wQ~w c~~w o o ~w v =o w cz a ~•I o Q U CZ O• p ~ 0 bA ^C cC p cUi 'C 'C off' ° ~ o W w cn ro w o N M N U cz cz . ~ U U cz U 'An co, Public Infrastructure and Public Services Facility Improvements Goals for infrastructure and facility improvements continue to be as follows: • Correction of deficiencies affecting the health and safety of neighborhood residents; • Improvement of accessibility for persons with disabilities; • Improvement of human services facilities; • Extension of infrastructure for affordable housing activities; and • Extension of infrastructure for economic development activities. The Community Development Advisory Committee makes decisions regarding funding priorities and City Council based on several factors: • Recent public input (including citizen surveys) regarding infrastructure and facility needs; • Project provides a substantial benefit to low and moderate-income persons; • Project would not be carried out in a timely manner without the use of CDBG funds; • There is a reasonable cost per household benefit; and • CDBG funds leverage funding from other resources. Residents have also indicated that demolition of substandard housing continues to be a major concern. The City will continue to demolish substandard buildings to improve the appearance and safety of neighborhoods. This will reduce the number of condemned, vacant, substandard structures, and clear lots of trash and debris. Page 45 o o o o b o o o rA C o 4 bA bA to bA cad U U ~ U N ~ to U cz CZ t o~ o~ o~ o'er ~ o O O O O O ro O o U o U o U o¢ o kr) W cz W ~Qw ~Qw ~Qw ~Qw ~Q~ ~QQ ~Qa U o cz ;U. C c~ Uj W ° ro O p O C 'Inj U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a • ~ as ~ . ~ ~ ~ 70. 'o O U O U ' c~ p ,r., u++ C7 0 C7 0 C7 C7 ~ C7 ~ C7 C7 o cC U O U r + cz 'C fir- yU U r~ cN ,.~U. 'C N O `z ono o o o 0 O 'o cz 'o u i o i o Anti-Poverty Programs and Economic Development According to the 2000 Census, Denton had twice the number of families living below the poverty threshold compared to other communities in Denton County. Though this is a lower percentage than in 1990, it indicates an obvious need to provide programs designed to support higher paying employment and support services for lower-income residents. The Denton County Homeless Coalition has developed a strategy that includes collaborative efforts to prevent homelessness. The strategies support planning for self-sufficiency and include transitional housing, budget and job counseling. The City's CDBG-funded Microenterprise Loan Program as a component of the larger economic development strategy provides funds for businesses with fewer than five employees (including the owner) to start or expand their small business. Denton's current economic strategy is designed to bring higher paying employment positions into the area. Medical services, including the completion of the new Denton Presbyterian Hospital, will be a focus for the next several years. Community Development will continue to participate in small business informational fairs that provide information to those who currently own or would like to start a new small business and need information on legal issues, taxes, small business loans and how to develop a business and marketing plan. Page 47 ,Or"., o US-.OS-. SOS-. N ~,OS_. ' O O kr) a o c~0 ~ a o,~..,U ~ a o c~O~cv a.~Ua o c~acvw oA Q~~ In cz tj) a".'O W o o o cz o u~ E- E-C7C4Z~ ~~QUQU U ° QUQ o ° ~ o w E"s. '-p U U . ai ° 00 8.8U aU IZT ° oA cc Ln o a O p U° ~ ~ Z w~ U Ey U U C p W U Ln bA O p 'n cz Fri b °Cn' W s- Li U i- Y 4~ 'C ~C 'O M c~ ° O 'C2 _ U ti) ti) P-i ~ LTA ~ ~ U W 'n ~ ~ cd • a ~ LTA ~ U U ~ s-i U • a • ~ U ~ ~ Q Q O L U U U 4: O O O cC bA "C CZ cz 181. C-Z ~ o o U~ 0 0 cz -,n BARRIERS TO AFFORDABLE HOUSING The Denton Plan, 1999 - 2020 Comprehensive Plan of the City of Denton The following statements included in the Denton Plan support the development and maintenance of affordable housing opportunity including special needs housing: "Residential development that establishes a variety of lot sizes, dwelling types and housing prices should be encouraged." "Denton will continue to encourage a range of housing types and densities in order to respond to the needs and desires of its' residents." "The plan encourages infill development, restoration and redevelopment within the existing center city and surrounding the universities." "Housing should be allowed within all land-use districts except for industrial districts." "The plan recommends that that existing neighborhoods within the city be vigorously protected and preserved." "Residential uses will occur within the downtown university core, community mixed use centers, regional mixed use center, and employment centers." "Accommodate 27,000 single-family homes and 18,000 multifamily units by the year 2020 to bring the ratio of single to multifamily housing from 51:49 in 1998 to 58:42 in 2020." "Accommodate multifamily residential development in a variety of forms." "Multifamily uses should be located in small groupings around the City in a manner that provides a mix of uses and densities rather than concentrating all multifamily uses in one area which can have negative impacts upon the city." The following Housing Policies are incorporated into the plan: • Alternative types of housing that respond to the differing economic and individual life-styles of Denton's citizens should be developed in all areas of the city to achieve balance and diversity; • Homes that vary in lot size, building size, and cost may be permitted in new development; • Existing housing stock, particularly for affordable housing, should be protected and preserved to avoid the loss of dwelling units that are unlikely to be replaced; • Incentives should be investigated to encourage infill housing construction, especially in conjunction with neighborhood revitalization plans; Page 49 • Design and construction quality expectations should not be relaxed in order to meet affordable housing objectives; • City review and inspection fees should be reviewed to determine if changes could be made to ease affordable home construction costs. Such a program should be undertaken only if benefits are passed on to low and moderate-income homebuyers; • The need to provide enough land to meet housing demand should be balanced by the desire to maintain unique urban patterns, character and neighborhoods of the city; • The range of housing types available for the specialized needs of the elderly, disabled, low- income, students, single-person, or female-headed households should be acknowledged as part of a strategy to diversify the city's neighborhoods; • Areas where higher housing densities are allowed should be supported only after the availability of employment, commercial services, schools, public utilities and facilities, and transit, pedestrian, and bicycle systems has been addressed. Residential land use goals and strategies increase housing opportunities in the core area of the city, allow urban-style (townhomes, duplexes, single-family detached) in mixed-use districts and seek to preserve existing single-family housing stock within the city. One of the key land use principles affecting affordable housing states that "Denton is a city for all types of people and all types of uses." "To accommodate all types of people, a city must allow all types of housing." Zoning Standards In February 2002, the City of Denton adopted the Denton Development Code, a document that unifies elements of zoning, subdivision regulation, environmental protection, site design standards, and other development regulations. The code is one of several implementation tools used to achieve land use and housing goals and strategies put forth in The Denton Plan. The zoning regulations contain nineteen districts with a variety of use categories within each district. The regulations move away from minimum lot size zoning districts to maximum housing density per district allowing a flexibility of design to attract a wider market in housing product. The districts are based on the concept of neighborhoods that combine a mix of residential densities and housing types. Mixed-use structures are encouraged in many of the districts allowing the development of retail or office on lower floors with multi-family residential above. The concepts behind the zoning districts strive to encourage a diversity of population and income levels, accessibility to employment, recreation, school and community uses, and connection to public transit. The mixed-use nature of these districts requires specific site development and design criteria, inter-subdivision consistency, vehicular accessibility, and walkability linking neighborhoods together. Tax Rates The following table provides a comparison of Denton's 2003-2004 tax rate to the rates of 33 other Dallas-Ft. Worth area cities. Denton's tax rate of .54815 for the city and 2.65932 combined city/county/school district continues to be competitive with municipalities located in the Dallas/Fort Worth metroplex. Page 50 2003-2004 PROPERTY TAX RATES b municipal tax rate Fort Worth 577,544 0.86500 $24,930,849,084 $43,167 Duncanville 36,300 0.71800 $1,568,548,288 $43,211 Dallas 1,257,907 0.69980 $65,951,027,011 $52,429 Lancaster 28,700 0.67170 $1,124,612,533 $39,185 Grand Prairie 170,555 0.66998 $6,716,102,006 $39,378 De Soto 41,100 0.65879 $2,299,488,509 $55,949 Crowley 8,350 0.65740 $338,149,351 $40,497 Coppell 39,292 0.64860 $3,685,595,875 $93,800 Arlington 352,450 0.64800 $4,776,690,195 $41,926 Cedar Hill 38,055 0.64140 $2,026,825,421 $53,260 Garland 222,447, 0.64110 $9,234,966,612 $41,515 Rowlett 56,625 0.64000 $2,686,223,792 $47,439 Carrollton 163,571 0.59930 $8,139,613,187 $49,762 McKinney 73,550 0.59800 $5,571,651,128 $75,753 North Richland Hills 59,800 0.57000 $2,975,629,172 $49,760 Allen 56,750 0.56100 $4,432,99,647 $78,115 Corinth 15,800 0.54975 $1,134,942,610 $71,832 Denton 90,200 0.54815 $4,042,202,871 $44,814 Mesquite 129,650 0.54148 $5,614,971,705 $43,309 Irving 197,850 0.53280 $13,766,259,462 $69,579 Hurst 36,750 0.49900 $1,874,364,645 $51,003 Euless 49,750 0.49500 $2,069,693,324 $41,602 Richardson 119,751 0.47785 $8,458,454,017 $70,634 Southlake 24,630 0.46200 $3,537,817,808 $143,639 Farmers Branch 28,000 0.46000 $3,558,212,393 $127,079 Plano 241,538 0.45350 $20,398,670,327 $84,453 Lewisville 84,117 0.45050 $5,034,162,041 $59,847 Flower Mound 57,700 0.44970 $4,880,173,018 $84,578 Frisco 68,618 0.43200 $7,528,041,968 $109,709 Addison 14,750 0.42280 $2,890,562,686 $195,970 Grapevine 43,600 0.36600 $4,880,107,595 $111,929 Rockwall 22,850 0.36000 $1,998,462,449 $87,460 Colle ville 20,150 0.34740 $2,477,061,826 $122,931 University Park 23,300 0.32601 $3,769,405,331 $161,777 Source: 2003-2004 Certified Values from Dallas, Denton, Collin and Tarrant County Central Appraisal Districts Population Source: North Central Texas Council of Governments, January 1, 2003 population estimates. Page 51 Building Code Requirements The City of Denton building code requirements are reviewed on a regular basis by city staff and the Construction Advisory and Appeals Board. The Construction Advisory and Appeals Board is a council-appointed citizen committee. Members are generally from the development community and are careful to ensure that adopted codes do not discourage development activities. Current building code requirements include: • 2000 International Building Code • 2000 International Residential Code • 2000 International Fuel Gas Code • 2000 International Energy Conservation Code • 2000 International Mechanical Code • 2000 International Plumbing Code • 2000 International Fire Code • 1999 National Electrical Code Appendix E on page 66 is a Permit and Inspection Fee Schedule. These fees have been compared to those of other cities in the area and do not appear to be excessive. Impact Fees In 1998 the City of Denton passed ordinances setting up two impact fee programs. The park dedication ordinance requires a payment in lieu of land of $291 per single-family units and $189 per multifamily unit. Water impact fees have been set at $3,155 to the year 2013. Wastewater impact fees are currently (2005) set at $1,437. Wastewater fees will increase to $1,893 in 2006 and $2,614 in 2008. An impact fee grant program was set up in 1998. The program provided $100,000 in City of Denton general funds to pay impact fees for affordable housing units constructed by local nonprofit organizations. The impact fee grant program has continued through the 2004-`05 year at a reduced level of funding. Conclusion Though there appear to be no overt barriers to affordable housing, regular reviews of taxes, fees, building codes and zoning regulations is necessary to ensure that unanticipated barriers do not develop. City staff continues to work with local affordable housing advocates to ensure that their concerns regarding affordable housing opportunities and barriers are addressed. Page 52 N 0 bA V, r- s N s y~ O c~ O cd N ~ -u u to to lut cz C) ro`a U ro a O ~ A U U U FBI G~ ~ Q O Q Q pp y M 4-i -cot (f) A U cC c~,~' U UQ~¢xUxx-o p~ v s. P~ bA ~I CC :O cz O ccz Q U wbA ~ bA ~ w cc Q ti) x a o„ cz w C on U J5 ~ . cz F+•I G~ cad c~ ~ ~ • ~ ' ~ ~ ~ ~ c° ~ p. ° chi N ~ ° ICI p N U ~ ~ ~ bA ~ ~ C) cpF 48.) cC O N 02 O O 0 cwt cot W 0 c~ U c~ w v~ o P. cz INSTITUTIONAL STRUCTURE Institutional Structure Since the first CDBG grant was allocated to the City of Denton in 1984, City staff has worked to develop a comprehensive approach to increasing the availability of services and housing to Denton's low to moderate-income households. Several years ago, Denton participated in a HUD-sponsored program, "Public-Private Partnerships for Affordable Housing." Under the program, the National Development Council provided technical assistance to help the City of Denton expand current housing initiatives. Through the efforts of the Community Development staff, the City's Low-Moderate Income Housing Task Force and the National Development Council, a new emphasis was placed on the creation of partnerships with other housing non- profits, local lenders, realtors and social service providers. Since that time, several new organizations such as the Denton Affordable Housing Corporation, Habitat for Humanity, Owsley Community School and others have been formed or have increased their efforts to support the expansion of services and affordable housing programs. Efforts have been very successful. Denton has a strong network of housing and social service organizations that form partnerships when specific needs arise that no single agency can meet. They cooperate to coordinate services on a regular basis. Since 1984, the weaknesses in the institutional structure have been ameliorated largely due to these partnerships The organizations currently involved in the delivery of affordable housing and supportive services are described in the chart below. City of Denton Public The City of Denton administers the Community Development Block Grant and HOME programs. Programs administered by the City include homebuyer assistance, owner-occupied home improvement loans, emergency repair and rental rehabilitation. The Community Development Division acts as the coordinating body for the City's housing programs, the Denton County Homeless Coalition and various social service initiatives. Community Development staff work with the Council- appointed Community Development Advisory Committee to determine effective use of housing and public improvement dollars. Denton Housing Public DHA administers the Section 8 program for Denton County. Authority They also manage elderly and general housing units that are owned through non-profit subsidiaries. DHA is working to support self-sufficiency programming for their Section 8 households. DHA is also working to provide additional low- income housing in the community. There are no public housing units in Denton. Page 54 Denton County Public DCHFC is a product of a cooperative relationship between the Housing Finance City and Denton County. The not-for-profit corporation raises Corp funds for low interest homebuyer loans and down payment assistance available throughout Denton County. Denton County Quasi- Denton County MHMR provides housing and supportive Mental Health/ Public services for persons in the community with special needs. Mental MHMR. Retardation HOPE, Inc. Nonprofit HOPE, Inc. provides transitional housing services to those at risk of becoming homeless. HOPE has administered funding from FEMA, the Emergency Shelter Grant program, City of Denton general fund, CDBG funds and other public and private funding sources to assist households. HOPE, Inc. will be implementing an HMIS function during the five-yr period. Denton Nonprofit DAHC is CHDO certified by the State of Texas and City of Affordable Denton. DAHC administers several programs that provide Housing owner-occupied, rental and special needs housing to residents Corporation of both Denton county and city. They receive funding from several different sources including City of Denton HOME, DCHFC, Federal Home Loan Bank of Dallas, Texas Housing Trust Funds, Section 811 program and other state and local funding. Habitat for Nonprofit Habitat for Humanity of Denton County has recently expanded Humanity to serve the entire county. Habitat has been instrumental in bringing additional resources to meet housing needs in Denton. Habitat has received support through City of Denton Impact Fee Grant and HOME funding. Salvation Army Nonprofit Provides emergency shelter to individuals and families using several funding sources including City of Denton funding. AIDS Services Nonprofit Provides housing assistance to households impacted by of North Texas HIV/AIDS. Lending Private Lenders provide financial and client support for homebuyer Institutions assistance programs. Local lenders have also provided private support for activities carried out by the Denton Affordable Housing Corporation and the Denton Housing Authority. Most recently, lenders have agreed to sponsor home ownership classes for low-income households. Realtors Private Local realtors have assisted in the implementation of the homebuyer assistance program. Page 55 Builders, Private Local housing professionals in the building industry participate Developers and in renovation programs administered by both the City and Contractors DAHC. They participate in discussions concerning affordable housing policies and how to make them work. University of Educational Conducted 1997 community needs assessment. Assists with North Texas Institution homeless count. UNT has administered two Community Outreach Partnership Grants that have included providing supportive and planning services to the Denton Housing Authority. UNT supports and is educating the community regarding "Green Building." Texas Woman's Educational Conducted 1999-2000 community resources assessment with a University Institution focus on housing issues. Routinely assists with homeless count involving students in the process. Denton Housing Authority The City of Denton and the Denton Housing Authority have an informal working relationship. Any efforts to collaborate are based on need and opportunity and the willingness of both organizations. DHA and the City of Denton attempt to work together on issues of mutual concern. The community development administrator acts as the Mayor's liaison to the Denton Housing Authority and also participates on the Self Sufficiency Program advisory committee. The mayor of the City of Denton is responsible for appointing the Denton Housing Authority Board of Directors. The DHA Board of Directors is responsible for hiring a chief executive officer. The CEO makes all other hiring decisions. Policies and decisions regarding contracting and procurement are also the responsibility of the DHA Board and staff. All proposed developments by the Denton Housing Authority must comply with City land use regulations including the recently adopted Denton Plan and locally-adopted building codes. Proposed DHA developments go through the same process as private industry developments. Demolition permits are required. There are no public housing developments in the City of Denton. Community development staff reviews DHA's comprehensive plan for consistency with the Consolidated Plan for Housing and Community Development. A recommendation is forwarded to the city manager regarding approval of the document. Page 56 Gaps Assessment 1. Need for more effective communication between housing organizations in the North Texas area, including those serving the City of Denton. Housing organizations often compete for resources when coordination and partnership efforts would be more effective. Action to overcome gap: Continue to encourage participation in the Denton Housing Coalition and attempt to expand participation to support the North Texas Housing Coalition. Work with agencies and continue to support partnership efforts. 2. Need for more effective coordination between emergency assistance agencies. Action to overcome gap: Administer Supportive Housing Program funding awarded to develop HMIS. Work with HOPE, Inc. to expand network of organizations participating in HMIS. 3. Lack of private contractors experienced in lead-based paint hazard reduction and abatement and lack of funding to complete projects. Contractor training along with additional funding targeted to lead abatement is critical to continue the City's owner-occupied rehabilitation program. Action to overcome gap: Request additional funding where available to train contractors and pay increased costs. Work with training organizations to promote training opportunities to local contractors and employees. 4. Lack of shelter facilities for families and youth. Action to overcome gap: Support work of Denton County Homeless Coalition in targeting priority services and facilities needed in the area. Assist in grant writing and other forms of fund raising. Administer homeless grant funds when appropriate and support is needed. 5. Need for service coordination and referral services that go beyond activities of HMIS, including application intake, referral and coordinated case management. Action to overcome gap: Research potential sources for provision of coordinated case management services. Support development of service if it is determined to be feasible. 6. Lack of coordination of homebuyer/homeowner educational services needed to provide a higher level of information. Action to overcome gap: Investigate a partnership with the Denton Housing Coalition, Denton Affordable Housing Corporation and/or the State of Texas to develop a more comprehensive educational program. Page 57 APPENDIX A Priority Housing Needs Summary Table PRIORITY Priority Need HOUSING NEEDS Level Unmet Goals (households) High, Medium, Low Need H 835 25 0-30% Small Related H 654 20 31-50% M 424 4 51-80% H 258 8 0-30% Large Related M 117 1 31-50% M 250 3 51-80% Renter M 274 3 0-30% Elderly M 199 2 31-50% L 102 0 51-80% H 2,895 87 0-30% All Other H 1,842 55 31-50% H 849 25 51-80% H 551 17 0-30% Owner H 542 16 31-50% H 956 27 51-80% Total Goals 293 Total 215 Goals 293 Page 5 8 COMMUNITY DEVELOPMENT NEEDS PRIORITY COMMUNITY DEVELOPMENT Priority Need Estimated $'s NEEDS Level to Address High, Medium, Low, No Such Need PUBLIC FACILITY NEEDS Senior Centers Youth Centers Handicapped Centers Child Care Centers High $1,000,000 Parks and Recreation Facilities Medium $5,000,000 Health Facilities Neighborhood Facilities/Community Centers Facilities for Abused & Neglected Children Medium $250,000 INFRASTRUCTURE IMPROVEMENTS Flood Prevention and/or Drainage Improvements High $500,000 Water/Wastewater System Improvements Medium $250,000 Street Improvements High $1,000,000 Sewer Improvements Medium $250,000 Sidewalks High $300,000 Fire Stations/Equipment Solid Waste Disposal Medium $150,000 Water Services Improvements PUBLIC SERVICE NEEDS Services for Persons with Disabilities Medium $250,000 Transportation Services Medium $250,000 Substance Abuse Services High $250,000 Employment Training Health Services High $1,000,000 Other Public Service Needs Medium $250,000 Page 59 ECONOMIC DEVELOPMENT Job Creation Medium $500,000 Capital Improvement Infrastructure Development Medium $3,000,000 Business Support Services/Technical Assistance High $300,000 Commercial/Industrial Rehabilitation Land Acquisition for Commercial/Industrial Dev Medium $1,000,000 Non-residential Historic Preservation Direct Financial Asst to For-Profit Businesses Micro-Enterprise Assistance Low $75,000 Clean-up of Contaminated Sites High $1,000,000 HOUSING NEEDS Single-Family Residential Rehabilitation High $5,000,000 Improvements for Handicapped Accessibility High $500,000 Residential Property Maintenance/Code Enforcement Medium $100,000 Home Ownership Assistance High $2,500,000 Rental Housing Subsidies High $10,000,000 Homeless/Transitional Housing High $2,500,000 Asbestos Removal Low $250,000 Lead-Based Paint Testing and Abatement Medium $500,000 Residential Historic Preservation Medium $500,000 Multi-Family Unit Rehabilitation High $5,000,000 TOTAL ESTIMATED DOLLARS NEEDED: $43,425,000 Page 60 APPENDIX B CITY OF DENTON COMMUNITY DEVELOPMENT PROGRAM CITIZEN PARTICIPATION PLAN Process To encourage participation from all citizens in the community development decision-making process, all activities and opportunities for comment will be published in the Denton Record- Chronicle. Advisory board meeting notices will be posted at least 72 hours in advance. Service agencies, churches and neighborhood associations will be directly informed of these opportunities, often through an article or announcement in the Community Development Update newsletter that is disbursed to approximately 1500 residents and employees. The newsletter is also available to all residents on the City's website. Low and moderate-income households are targeted through the circulation of the newsletter to past clients and those on waiting list, churches and neighborhood organizations in low and moderate-income neighborhoods. Whenever possible and at least once annually hold public hearings within a low to moderate-income neighborhood. On many occasions staff has canvasses low-income neighborhoods providing information regarding public hearings, program information, etc., to all residents within the neighborhood. Also, the Denton Housing Authority and other local service agencies are requested to post flyers that encourage participation. The following steps will be taken to encourage participation by minorities, non-English-speaking persons and persons with disabilities. 1. When funding permits, include advertisements in any additional publications, radio and television stations that target a specific group of citizens, some of who may reside in low- income areas. 2. Advertise Consolidated Plan activities and programs in both Spanish and English. If another significant language minority exists, staff will attempt to translate advertisements to include the language. Provide interpreters at public meetings when needed. 3. Hold all public meetings in buildings accessible to persons with disabilities. Make program information available in locations accessible to persons with disabilities. 4. Provide a sign language interpreter if requested. The following steps will be taken to obtain comments on the Citizen Participation Plan. 1. The Citizen Participation Plan will be available for review during a published comment period. The period will not be less than 15 calendar days. Page 61 2. A summary of the plan will be published in advertising form in a newspaper of general circulation. The summary will include a list of locations where the plan will be available for review. 3. Locations may include city hall, public libraries, recreation centers, other City offices and churches. Copies of the plan will be accessible to those in low-income neighborhoods. 4. Upon requested, the Citizen Participation Plan will be in a format accessible to persons with disabilities. 5. All published notices will direct comments to the Community Development Office. Amendments to the Citizen Participation Plan will be published in a newspaper of general circulation. The notice will identify a comment period of not less than 15 days. Comments will be directed to the Community Development Division. At least two public hearings will be held to provide information at different stages of the development. Notifications will be run in advertising form in a newspaper of general circulation. Hearings will be held in various locations throughout the City. All public hearings will be held in census tracts whereat least 51% of residents are low and moderate income. All locations will be accessible to persons with disabilities. At least one public hearing annually will be held in a neighborhood that is predominantly minority. Consolidated Plan information is made available to citizens before final approval of the Plan. Information includes the amount of assistance expected to be available and a list of the activities proposed to be included in the Consolidated Plan for the coming fiscal year. The Consolidated Plan will be made available to the public for review and comment. Methods to disseminate the proposed Consolidated Plan will include: 1. A summary of the Consolidated Plan will be published in advertising form in a newspaper of general circulation. Additional notices of the Plan's availability will be advertised on the local cable television network and local radio broadcasting stations. 2. The summary and additional notices will include information on the thirty-day comment period including dates of the comment period, plan locations and where to direct comments and questions. 3. Locations where the Consolidated Plan will be made available for citizen review may include: city hall, local libraries, recreation centers, churches and other public facilities. All locations will be in areas where at least 51% of the residents are low to moderate income. There will be at least three locations available for plan review. The Consolidated Plan will also be available for review on a citizen computer disk. 4. All comments will be considered and a summary of comments will be included in the Plan and reasons for non-acceptance. Page 62 Any substantial change to the activities described in the Consolidated Plan will require a formal amendment approved by City Council. Substantial changes include the following: 1. Any transfer of funds over 10% of the total grant allocation for the fiscal year in which the activity was funded. 2. Cancellation of a planned activity. 3. Addition of a new activity not previously proposed for public review. 4. Change in the primary purpose or scope of an activity, such as a change in intended beneficiaries or organizational support. 5. Any increase or decrease in a proposed allocation (HUD grant) that is over 1% of the total allocation for the fiscal year. Amendments will be published in a newspaper of general circulation at least 30 days before a request for city council approval. All comments received will be provided to city council. Technical assistance will be provided to all persons who wish to develop a proposal for Community Development Block Grant and/or HOME funds. Any proposal requiring technical assistance from other departments will be forwarded to that department by Community Development staff. Proponents of the proposal will also be given a key contact within the department as liaison on the request. A proposal will be developed and submitted to either the Community Development Advisory Committee or the Human Services Advisory Committee for review and recommendations. Any citizen or group who wishes to file a complaint concerning any aspect of the Community Development program may contact the Community Development Division. Complaints may be in writing or made verbally to any member of the Community Development staff. Staff may request that verbal comments be repeated for clarification. Responses to each complaint will be determined within 15 days of receipt of the complaint. Page 63 APPENDIX C RENTAL REHABILITATION TARGET AREA MAP Denton, Texas RCULE r D TY Page 64 APPENDIX D HOUSING REHABILITATION TARGET MAP Denton, Texas, W_ 0 UN AU Tr-l O X r ~ a ~ Page 65 APPENDIX E CITY OF DENTON PERMIT AND FEE SCHEDULE AS OF SEPT. 2003 Table 1 - Permit Fees for 1 & 2 Family Dwellings Table 12 - Water Tap & Meter Fees Table 2 - Permit Fees for Multi-Family Dwellings Table 13 - Water Tap Fees Table 3 - New Commercial Building Permit Fees Table 14 - Wastewater Tap Fees Table 4 - Electrical Permit Fees Table 15 - Water/Wastewater Impact Fees 2003-2013 Table 5 - Mechanical Permit Fees Table 16 - Water Impact Fees 2003-2013 Table 6 - Plumbing Permit Fees Table 17 - Wastewater Impact Fees 2003-2006 Table 7 - Miscellaneous Fees Table 18 - Wastewater Impact Fees 2006-2008 Table 8 - Additions/Alterations/Fire Damage Table 19 - Wastewater Impact Fees 2008-2013 Table 9 - Sign Permit Fees Table 10 -Consumer Health Permit Fees Table 11 - Engineering Inspection & Parking Lot Fees Type Permit Fee Revenue Code 1. Permit Fee $450.00 4116 PB 2. Plan Review Fee $60.00 4474 PV 3. Temporary Power Pole $15.00 5068 MU 4. Temporary Utilities Fee $35.00 4138 PM Olype rmit $20.00 4128 PF Permit Fee Revenue Code 1. Permit Fee 11.5 cents per sq ft 4116 PB 2. Plan Review Fee 50% of Permit 4474 PV Total Valuation* Fee Revenue Code 1. $1 to $100,000.00 $411.00 for the first $50,000.00 4116 PB plus $3.00 for each additional $1000.00 or fraction thereof 2. $100,000.01 to $561.00 for the first $100,000.00 4116 PB $500,000.00 plus $2.00 for each additional $1000.00 or fraction thereof 3. $500,000.01 to $1361.00 for the first $500,000.00 4116 PB $1,000,000.00 plus $5.00 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 4. $1,000,000.01 and up $5141.00 for the first 4116 PB $1,000,000.00 plus $3.25 for each additional $1,000.00 or fraction thereof Page 66 5. Reserved Reserved 6. Reserved Reserved 7. Reserved Reserved 8. Reserved Reserved *Building Valuation Data shall be based on the most current Building Standards Magazine, year-end issue as published b the International Conference of Building Officials. 9. Inspections outside of $40.00 per hour/Min. 2 hours (Min. 4116 PB normal business hours Fee $80.00 10. Plan Review Fee 50% of the Building Permit Fee 4474 PV Min. fee $60.00 11. For the use of outside Actual Cost 4474 PV consultants for plan checking and inspections or both Type HP Permit Fee Revenue Code 1. Minimum Fee $35.00 4424 PE 2. Outlets < 100 $0.20 4424 PE (each) 3. Outlets >100 $0.15 4424 PE (each) 4. Service Per Am $0.06 4424 PE 5. Heater $2.00 4424 PE 6. Dishwasher $2.00 4424 PE 7. Dryer $2.00 4424 PE 8. Disposal $2.00 4424 PE 9. Motors 0-5 h $3.75 4424 PE 10. Motors 5-10 hp $6.00 4424 PE 11. Motors >50 h $20.00 4424 PE Type Permit Fee Revenue Code 1. Minimum Fee $35.00 4130 ME 2. Heating Units <100,000BTU each $9.00 4130 ME 3. Heating Units >100,000BTU (each) $11.00 4130 ME 4. Heating Units Suspended $9.00 4130 ME Central Air AC Units each 5. <500,000BTU/41.6 Tons $16.50 4130 ME 6. <1,750,000BTU/145.8 Tons $33.50 4130 ME 7. >1,750,000BTU/145.8 Tons $56.00 4130 ME 8. Exhaust Fans $4.50 4130 ME 9. Appliance Vent $4.50 4130 ME 10. Vent/Grease Hood $6.50 4130 ME Page 67 Air Handlers each 11. <10,000 CFM $6.50 4130 ME 12. >10,000 CFM $11.00 4130 ME BTU rating shall be based upon the input rating of the unit. Type Permit Fee Revenue Code 1. Minimum Fee $35.00 4426 PP 2. Per Fixture/Boiler $7.00 4426 PP 3. Lawn Sprinkler System $35.00 4426 PP T e Permit Fee Revenue Code 1. Curb Cut Permit $51.00 4120 EX 2. Fence Permit $20.00 4128 PF 3. Temporary Gas/Electric $35.00 4138 PM 4. Certificate of Occupancy $50.00 4132 CT 5. House Moving Permit $35.00 4110 MV 6. Residential Demolition Permit $35.00 4112 DM 7. Commercial Demolition Permit $50.00 4112 DM 8. Pool/Spa/Hot Tub $75.00 4114 PT 9. Re-inspection Fee $20.00 4422 FR 10. Variance Filing Fee $150.00 4134 ZV 11. Landscape Fee $50.00 4136 PL 12. Mobile Home Park License $205.00 + $4.10 per 4122 MH stand 13. Electrical Journeyman License new $20.00 4118 EP 14. Electrical Journeyman License $20.00 4118 EP renewed 15. Electrical Master License (new) $100.00 4118 EP 16. Electrical Master License (renewed) $20.00 4118 EP 117 . Electrical Contractor License $80.00 4118 EP Type Min. Fee Permit Fee Plan Review Fee Revenue Code 1. 1& 2 Family $35.00 $0.14 per sq ft $60.00 4116 PB Dwellings 2. Triplex & $35.00 $0.17 per sq ft $60.00 4116 PB Townhouse 3. Multi-Family (4 $35.00 $0.17 per sq ft 50% of Permit, 4116 PB units & above) Min. $60.00 4. Commercial $35.00 $0.17 per sq ft 50% of Permit, 4116 PB Buildings Min. $60.00 Page 68 Type Permit Fee Revenue Code 1. Sign License $50.00 4124 PS 2. Off Premise signs on State $100.00 4124 PS Highways: Annual Review All Other Sign Permits 3. 0-60 sq ft $35.00 4124 PS 4. 60-120 sq ft $55.00 4124 PS 5. 120-250 sq ft $75.00 4124 PS 6. >250 s ft $110.00 4124 PS 7. Wind Device Permits $35.00 4124 PS 8. Special Exception Petition $250.00 per request 4124 PS 9. Sign Variance Petition $250.00 per variance 4124 PS 10. Sign Appeal Petition $250.00 per appeal 4124 PS 11. Special Sign District $225.00 4124 PS 12. Sign Installed Without Permit Scheduled Fee Doubled 4124 PS Type of Establishment Permit Fee Revenue Code 1. Food Handler Permit $15.00 4102 HC 2. Pool Managers Certification $35.00 4418S2 3. Beer & Wine Permits $25.00 processing Fee (new 4146 BW applications) $87.50 on-premise $30.00 off-premise $125.00 late night permit fee $75.00 beer only Restaurant 4. <2000 sq ft GFA $310.00 4414 H1 5. >2000 s ft GFA $485.00 4414 H1 Grocer Store 6. <12,000 s ft GFA $325.00 4414 H1 7. >12,000 sq ft GFA $450.00 4414 H1 8. Convenience Store without deli $250.00 4414 H1 9. Convenience Store with deli $300.00 4414 H1 10. Concession Stand, snow-cone $175.00 4414 H1 stand or similar structure 11. Daycare $150.00 + $1.00 per child 4414 H1 12. Nursing Homes + all others $275.00 4414 H1 13. Seasonal Permit Fee $75.00 4414 H1 14. Temporary Permit $20.00 4414 H1 15. Application fee for new $250.00 4414 H1 establishment 16. Bar $250.00 4414 H1 Page 69 Inspection Type Inspection Fees Revenue Code 1. Repairs of Construction in $35.00 per hour Right-of-Way 2. Overtime (after 5:00 pm on $50.00 per hour weekdays & weekends) Parkin Lot Permit Permit Fees Revenue Code 3. 1-50 spaces $100.00 4108 PK 4. 51-100 spaces $200.00 4108 PK 5. 101-250 spaces $300.00 4108 PK 6. 251-500 spaces $400.00 4108 PK Fees for Appeals and Variances to Traffic Safety Commission WFee Per Appeal/Variance $250.00 Application: This schedule applies to the installation, removal or relocation of water taps and meters by the City of Denton Utility Department at the request of a person, firm, association or corporation. Tap and Meter Fees: Any person, association of persons, or corporation that requests a water main tap, water meter or water meter loop, be removed, installed or relocated by the Utility Department shall pay in advance to the Utility Department the following applicable fees: Water Taps with Meter: Size of Tap & Meter Paved Street Unpaved Street Revenue Code 3/4 inch $1,410.00 $595.00 5104 TW 1 inch $1,625.00 $730.00 5104 TW 1 '/z inch $2,055.00 $1,085.00 5104 TW 2 inch $2,275.00 $1,410.00 5104 TW Water Meter Fees: Size of Meter Meter Fees Revenue Code 3/4 inch $305.00 5104 TW 1 inch $375.00 5104 TW 1 '/z inch $490.00 5104 TW 2 inch $630.00 5104 TW Water Meter Relocations: Size of Meter Relocation of 10 Feet or Less Revenue code 3/4 inch $285.00 5104 TW 1 inch $285.00 5104 TW 1 '/z inch $340.00 5104 TW 2 inch $390.00 5104 TW Page 70 Size of Tap Paved Street Unpaved Street Revenue Code 4 inch $2,705.00 $1,625.00 5104 TW 6 inch $2,920.00 $1,895.00 5104 TW 8 inch $3,895.00 $2,815.00 5104 TW 12 inch $4,865.00 $3,730.00 5104 TW Size of Tap Paved Street Unpaved Street Revenue Code 4 inch $2,000.00 $1,410.00 5206 TS 6 inch $2,110.00 $1,570.00 5206 TS 8 inch $2,220.00 $1,730.00 5206 TS 10 inch $2,380.00 $1,865.00 5206 TS Manhole Breakout Fee 6" - 12" Line $165.00 5206 TS Water and Wastewater Impact Fees - 1998-2003 For a new development for which a final plat recordation occurred on or after September 15, 1998, but before May 29, 2003, and for which no new service units have been added, impact fees for water and wastewater can be calculated according to Table 15 below: Water Meter SFE's per Net Cost Net Cost per Net Cost Net Cost Size meter per SFE - SFE - per Meter per Meter Water Wastewater Water Wastewater 5/8" x 3/4" 1 $2,044.00 $483.00 $2,044.00 $483.00 1" 2.5 $2,044.00 $483.00 $5,110.00 $1,208.00 1 '/z" 5 $2,044.00 $483.00 $10,220.00 $2,415.00 2" 8 $2,044.00 $483.00 $16,352.00 $3,864.00 3" *See Below 4" *See Below *The City of Denton has adopted several methods for calculating water and wastewater impact fees. Any project involving meters 2" and larger should ohtain impact fee calculations from Tim Fisher at (940)349-7190 or David Wachal at (940)349-7107 at the City of Denton Water Department. Water Impact Fees 2003-2013 For a new development for which final plat recordation occurred prior to September 15, 1998, on or after May 29, 2003, or for any new development which is not subject to Section 1, the impact fee per service unit for water can be calculated according to Table 16 below: Page 71 Water Meter SFE's per Meter Type Typical Net Cost per Net Cost per Size Meter Land Use SFE Meter 5/8"x3/4" 1 Positive Residential $3,155.00 $3,155.00 Displacement F, 2.5 Positive Residential - $3,155.00 $7,887.50 Displacement Commercial 1'/z" 5 Positive Commercial $3,155.00 $15,775.00 Displacement 2" 8 Positive Commercial $3,155.00 $25,240.00 Displacement 3" *See Below Venturi Commercial 3" *See Below Compound Commercial - Industrial 4" *See Below Turbine Commercial - Industrial *The City of Denton has adopted several methods for calculating water and wastewater impact fees. Any project involving meters 2" and larger should ohtain impact fee calculations from Tim Fisher at (940)349-7190 or David Wachal at (940)349-7107 at the City of Denton Water Department. Wastewater Impact Fees for Zone 1 and Zone 2 service areas 2003-2006 For a new development for which final plat recordation occurred prior to September 15, 1998, on or after May 29, 2003 thru May 28, 2006, the impact fee per service unit for wastewater can be calculated according to Table 17 below: M I Zone 1 Zone 2 Water Meter SFE's per Net Cost per Net Cost Per Net Cost per Net Cost per Size Meter SFE Meter SFE Meter 5/8" x 3/4" 1 $1,437.00 $1,437.00 $1,437.00 $1,437.00 F, 2.5 $1,437.00 $3,592.50 $1,437.00 $3,592.50 1 '/z" 5 $1,437.00 $7,185.00 $1,437.00 $7,185.00 2" 8 $1,437.00 11,496.00 $1,437.00 $11,496.00 3" *See Below 3" *See Below 4" *See Below *The City of Denton has adopted several methods for calculating water and wastewater impact fees. Any project involving meters 2" and larger should ohtain impact fee calculations from Tim Fisher at (940)349-7190 or David Wachal at (940)349-7107 at the City of Denton Water Department. Page 72 Wastewater Impact Fees for Zone 1 and Zone 2 Service Areas 2006 - 2008 For a new development for which final plat recordation occurred prior to September 15, 1998, on or after May 29, 2006 thru May 28, 2008, the impact fee per service unit for wastewater can be calculated according to Table 18 below: Zone 1 Zone 2 Water Meter SFE's per Net Cost per Net Cost per Net Cost per Net Cost per Size Meter SFE Meter SFE Meter 5/8" x 3/4" 1 $1,570.00 $1,570.00 $1,893.00 $1,893.00 F, 2.5 $1,570.00 $3,925.00 $1,893.00 $4,732.50 1 '/z" 5 $1,570.00 $7,850.00 $1,893.00 $9,465.00 2" 8 $1,570.00 $12,560.00 $1,893.00 $15,144.00 3" *See Below 3" *See Below 4" *See Below *The City of Denton has adopted several methods for calculating water and wastewater impact fees. Any project involving meters 2" and larger should ohtain impact fee calculations from Tim Fisher at (940)349-7190 or David Wachal at (940)349-7107 at the City of Denton Water Department. Wastewater Impact Fees for Zone 1 and Zone 2 Service Areas 2008 - 2013 For a new development for which final plat recordation occurred prior to September 15, 1998, on or after May 29, 2008 thru May 28, 2013, the impact fee per service unit for wastewater can be calculated according to Table 19 below: Zone 1 Zone 2 Water Meter SFE's per Net Cost per Net Cost per Net Cost per Net Cost per Size Meter SFE Meter SFE Meter 5/8" x 3/4" 1 $1,703.00 $1,703.00 $2,614.00 $2,614.00 F, 2.5 $1,703.00 $4,257.50 $2,614.00 $6,535.00 1 '/z" 5 $1,703.00 $8,515.00 $2,614.00 $13,070.00 2" 8 $1,703.00 $13,624.00 $2,614.00 $20,912.00 3" *See Below 3" *See Below 4" *See Below *The City of Denton has adopted several methods for calculating water and wastewater impact fees. Any project involving meters 2" and larger should ohtain impact fee calculations from Tim Fisher at (940)349-7190 or David Wachal at (940)349-7107 at the City of Denton Water Department. For any additional information on water/wastewater tap fees please call Loyd Ritchson at 940- 349-7176. For any additional information on impact fees please call David Wachal at 940-349- 7107. Page 73 a c ~ c o ~ O V ~ ~ N N C y O s. ~ ~ a V1 x U ~ • rn \O O ~ \O ~ ~ V ~ C.' ~Oy M V'~ \O l~ U O U S. w U ~ d C C.' U U r o0 00 U N W') M W CC G~ ~ C.' oc all O O n O O U CC U eC CC U. CC = O ~ a y C Iz \O \O \O \O 4- o o ~ N UI O oc oc 01 01 eC U O O O O V A N N N N APPENDIX G GLOSSARY ADD: American Dream Downpayment Initiative. Affordable Housing: Affordable housing is generally defined as housing where the occupant is paying no more than 30% of gross income for housing costs. CDAC: Community Development Advisory Committee. Cost Burden: The extent to which gross housing costs, including utility income, exceed 30% of gross include, based on data available from the U.S. Census Bureau. Community Development Block Grant (CDBG): An annual grant of federal dollars to the City of Denton from the U.D. Dept. of Housing and Urban Development. The funds are spend on activities benefiting low and moderate income persons. Continuum of Care: A comprehensive system for moving individuals and families from homeless to permanent housing by providing services (e.g., job training, counseling, budget counseling, education, etc.) DAHC: Denton Affordable Housing Corporation. DCHC: Denton County Homeless Coalition DCHFC: Denton County Housing Finance Corporation. Denton Development Plan: Plan adopted in 1999 that incorporates land use policies particularly applicable to affordable and supportive housing. DHA: Denton Housing Authority. Elderly: A person who is at least 62 years of age. Emergency Shelter: Any facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of the homeless. Emergency Shelter Grant (ESG): HUD provides funds to improve the quality of emergency shelter, to help make available emergency shelter, and to help meet operating costs and costs of essential social services to homeless individuals. Page 75 Extremely low-income family: Family whose income is between 0 and 30% of the median income for the area, as determined by HUD. Federal Emergency Management Agency (FEMA): Administers funds to local emergency service organization for responses to emergency situations. FHLB: Federal Home Loan Bank of Dallas Frail Elderly: An elderly person (62+) who is unable to perform at least three activities of daily living, such as eating, dressing, bathing, grooming or household management. Gap Financing: Available under the City's Homebuyer Assistance Program and DAHC's Affordable Housing Opportunity Program to lower the interest rate or provide additional down payment assistance to purchase a home. HOME Investment Partnership Program (HOME): An annual grant from the U.S. Dept. of Housing and Urban Development that provides funds for affordable housing projects/programs. Homeless Person: Unaccompanied person 17 years of age or younger who is living in situations described by terms "sheltered" or "unsheltered". Housing Problems: Households with housing problems including physical defects, overcrowding and cost burden. Overcrowding is a housing unit containing more than one person per room. HMIS: Homeless Management Information System. HSAC: Human Services Advisory Committee. HUD: U. S. Department of Housing and Urban Development. Jurisdiction: A state or unit of general local government. Lead-based paint hazard: Any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the appropriate federal agency. LIHEAP: Low Income Housing Energy Assistance Program LIHTC: Low Income Housing Tax Credit. Low Income: Households whose income is below 80% of the area median income. This is referred to as moderate income in the CDBG program). MFE: Multi-family equivalent unit. Page 76 Middle Income: Households whose income is between 80% and 95% of the median income for the areas. MLS: Multiple Listing Service Other Low Income: Households whose income is between 51% and 80% of the area median income. This income level is referred to as moderate income level in the CDBG program. Section 8 Program: The program provides rental assistance. Those who receive the assistance pay no more than 30% of their gross monthly income for rent. Self-Sufficiency: A program designed to provide support services to enable participating families to achieve economic independence and self-sufficiency. Severe Cost Burden: The extent to which gross housing costs, including utility, exceed 50% of gross income. TBRA: Tenant Based Rental Assistance TDHCA: Texas Department of Housing and Community Affairs SFE: Single-family equivalent unit. Very Low Income: Households whose income is between 31% and 50% of the area median income. Page 77 LM 14 Sy JLJ GO of Denton DRAFT Acdon Flan for Housing and Comm n4 Development 2005 Nogram Year } r Housing Park Facilities err. } Public Improvements Human Services Prepared for the U.S. Dept. of Housing and Urban Development Approved by Denton City Council on {DATE} www.cilyofdenton.com ADA/EOE/ADEA \ I m Fm- TABLE OF CONTENTS A. Summary of Action Plan 1. Introduction ..................................................................................................................1 2. Funding Summary ........................................................................................................1 3. Local Match ..................................................................................................................1 4. Citizen Participation .....................................................................................................2 5. Amendment ..................................................................................................................2 B. Funding Sources 1. Summary .......................................................................................................................3 2. SF-424 Application - CDBG Funds .............................................................................4 3. SF-424 Application - HOME Funds ............................................................................5 C. Projects/Activities 1. Summary .......................................................................................................................6 2. CPD Listing of CDBG and HOME Proposed Projects ................................................7 3. Other Resources Available .........................................................................................15 D. CP Strategies and Proposed Projects 1. Housing Strategies ......................................................................................................16 2. Continuum of Care Strategies ....................................................................................17 3. Lead-Based Paint Strategies .......................................................................................20 4. Human Services Strategies .........................................................................................20 5. Infrastructure & Public Facilities Strategies ..............................................................22 6. Demolition Strategies .................................................................................................23 7. Anti-Poverty & Economic Development Strategies ..................................................23 E. Proposed Project Map ......................................................................................................24 F. Other Program Requirements 1. HOME - Forms of Investment ...................................................................................25 2. HOME - Tenant-Based Rental Assistance ................................................................25 3. Monitoring Standards and Procedures ......................................................................26 4. Public Housing Improvements ...................................................................................27 5. Public Housing Resident Initiatives ...........................................................................27 6. Institutional Structure .................................................................................................27 G. Certifications ....................................................................................................................29 H. Minutes 1. Public Hearings on December 6, 2004 .......................................................................36 2. Public Hearing on December 13, 2004 ......................................................................38 3. Public Hearing on April 5, 2005 ................................................................................39 4. 30-day Comment Period .............................................................................................40 5. Community Development Advisory Committee Minutes ..........................................41 6. Human Services Advisory Committee Minutes .........................................................53 SUMMARY INTRODUCTION This document serves as the City of Denton's 2005 Action Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs. In accordance with 24 CFR Part 91.220 of Title I of the Housing and Community Development Act of 1974, as amended, the City of Denton is required to submit a One-Year Action Plan to the U.S. Department of Housing and Urban Development. The plan outlines the specific projects and services that will be funded during the 2005 Program year to address Denton's strategies stated in the 2005-2009 Consolidated Plan for Housing and Community Development. The following five-year strategies were identified in 2005 year and are reaffirmed this year: ■ Housing Strategies: Assistance to Renters, Owners, and Homebuyers and the Production of Affordable Units; ■ Continuum of Care Strategies: Prevention Homelessness, Outreach and Assessment, Emergency Shelter, Transitional Housing and Transition to Permanent Housing and Independent Living; ■ Lead-Based Paint Strategies: Education and Reduction of Lead-Based Paint Hazardous to Owners and Homebuyers; ■ Human Services Strategies: Improve availability and accessibility of basic food, emergency shelter, transitional housing, services promoting strong, supportive relationships for families, and basic health care and mental health services. ■ Infrastructure Improvement Strategies: Improvements to Streets, Sidewalks and Water/Sewer lines, Drainage Improvements, Rehabilitation and Expansion of Public Facilities, Park Improvements and Demolition of Substandard Structures; ■ Anti-Poverty & Economic Development Strategy: Support Training and Employment Activities, Expand Education Opportunities, Support of Section 3 goals, and Support of Start-up and expansion industry. FUNDING SUMMARY The City of Denton is currently an entitlement city for the Community Development Block Grant and HOME Investment Partnership Programs. The City of Denton's 2005 CDBG allocation is $978,948 and the HOME allocation is $579,461. A total of $87,000 in program income is projected for the 2005 Program year for both CDBG and HOME grants. SF-424 applications for Community Development Block Grant and the HOME Partnership Investment Program funds are on page 4 and 5, respectively. LOCAL MATCH The HOME program requires a participating jurisdiction to provide a 25% match of the federal HOME funds. The City of Denton's local match for the HOME program is $130,378.75. The 25% match of federal HOME funds excludes administrative allowances of 10%. The City of Denton will provide the match from a variety of sources including the following: Page 1 1. Federal Home Loan Bank funds awarded to the City of Denton and the Denton Affordable Housing Corporation (DAHC) for home ownership assistance and home improvement. 2. Denton County Housing Finance Corporation and other non-federal funding awarded to Denton Affordable Housing Corporation and City of Denton. 3. City of Denton Impact Fee Grant Awards used to pay required impact fees on HOME eligible projects. CITIZEN PARTICIPATION To ensure citizen participation in the 2005 Action Plan process, the city followed its Citizen Participation Plan. Public hearings were held December 6th and 13th. The December 13th public hearing was held in Spanish. The public hearings updated citizens on the status of current programs and activities and asked the citizens how they felt the 2004 funds should be spent. Both of the public hearings were held within a low and moderate-income neighborhood. Information on the public hearings was included in the Community Development Newsletter that was mailed out to neighborhood associations; service agencies and beneficiaries; city council, Human Services Committee (HSC) and Community Development Advisory Committee (CDAC) members; churches; contractors; participating lenders; citizens who attended previous public hearings; and interested citizens. A notice was also placed in the Denton Record-Chronicle. After the Action Plan was drafted, advertisements were placed in the Denton Record-Chronicle summarizing the plan and announcing to the public where the Action Plan was available for review, and the process for submitting comments to the City of Denton. The advertisements also included information on the upcoming public hearing. Ads were also placed on the local governmental channel, the local community bulletin and in the quarterly Community Development Newsletter that is mailed to all agencies, applicants, Realtors, participating lenders, committees, and city employees. All comments received from the public were addressed before submitting the plan to the U.S. Department of Housing and Urban Development. To ensure citizen participation at all stages of the 2005 Action Plan process, one public hearing will be scheduled on April 5, 2005 during a City Council Meeting to give citizens the opportunity to comment on the 2005 proposed projects and activities. See page 39 for minutes of the public hearing. AMENDMENT The City of Denton has also amended the 2004 Action Plan for Housing and Community Development. The amendment would allow the City of Denton to reallocate $100,000 in CDBG funds. The 2004 Action Plan included $100,000 in CDBG funds for the demolition of several uninhabitable units at the Phoenix Apartments, a 131-unit housing project. Other funds were utilized to undertake the project. Since the funds were no longer needed for the demolition, they were reallocated to the Home Improvement and Minor Repair Programs, existing programs, and the Phoenix project was cancelled. Page 2 2005 FUNDING SOURCES Entitlement Grant (Includes Reallocated Funds) CDBG $978,948 ESG $0 HOME $579,461 HOPWA $0 Total $1,558,409 Prior Years' Program Income Not Previously Programmed Or Reported CDBG $0 ESG $0 HOME $0 HOPWA $0 Total $0 Reprogrammed Prior Years' Funds (See Amendment Section) CDB G $100,000 ESG $0 HOME $0 HOPWA $0 Total $100,000 Total Estimated Program Income CDBG Loan Repayments $52,000 HOME Loan Repayments $35,000 Total $87,000 Section 108 Loan Guarantee Fund $0 Total Funding Sources $1,745,409 Page 3 APPLICATION FOR Version 9/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED June 15, 2005 Applicant Identifier 756000514 4.1*yM"/-MjMftWK- 3. DATE RECEIVED BY STATE State Application Identifier Version 9103 FBOE AL ASSISTANCE Pre-anniiratinn 9 DATE SURMITTFn June 15. 2005 6ppIic-@~rjt.Id(-nt0fi(-r 756000514 C TOIR&OFcWOMISSION: U Construction Identifier AnontEonstruction rwon dorastruction r- RECEIVED BY F DERAIL AGENCY Federal IdentifieF PTF1114ITAR(lo1NFORMATION Construction Ids ddathmstructi6iit of D htOLIn-Construction Organizational Unit: 5. APPLICANT INFORMATION De artment: Economic Development 9M%al DUN y o WE-410-0190 .Address. '6f B&i6h7t5bWZ- a-tacted on matters ONgwtizational DUNS: - - IdNWIN this a Iai9k W4(Qgzme pment Address: 101 South Locust St. Suite 500 H and telephone ffml mrplperson 10$rh3lirillacted on matters ESffat: Denton kglt 4viogiRds application (give area code) IF] L-Ut.UZIL St., Suite 500 Prefix: .~D-pt Name: Barbara am_ Y. 6p 76201 q'iffix. ;r4P'l 76201 9-91rAPI CLYEFZ--IDFNTIFICAT10hr~iv~~RF~tVFR (BN). Phnnp Niimhpr (,give area norle) Fax Nurnher (give area norle) COUM6108614 Email: 4l; cityof enton. gr 0 383-2445 9: 1FVWLL@yqWPUj61A1hW~T1QN NUMBER (LIN): . 45f AP0l[v10A -q §ee back fK 0ff& 6A s) 75-6000514 ffl6S)cA 8t7235 (940) 383-2445 I$RTbYP.1=ePI ~A?P FATIQlII!4 letter(s) in box(es) 7. TYPE OF APPLICANT: (See back of form for Application Types) (See back of form for desXpt Wf letter Cont~uation Revision other (sp )nicipal If Revision, enter appropriate letter(s) in box(es) (GbhBeb4qkeafWrm for description of letters.) ®tHtkA(tP--0FyFEDERAL AGENCY: :1 :1 U.S. Department of Housina & Urban Development Uhee,(sT3&LQ)P OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 91NDEUXtFPRMMFXLIAGENanDLICANT'S PROJECT: 14-218 HouU r*obiiitntinea Moruel air&sttOArt;$1ow ibow*nt 1VFLP~~"Qp( ~ RAL DOMESTIC ASSISTANCE NUMBER: t~ 3YhfJbEfw~liidif~F d@1W[iiWff;%5KVb1 Rriership st~lgd~ Utz !#toApa grgg~ Community Development Block Grant 14-239 Wog ram TAF @fdFlK :Y PROJECT (Cities, Counties, States, etc.): h611 jWvtr1&b18111p assistance, acquisition for new construction and program administration. 131 AR6Ab €6 5y PROJECT (Cities, Counties, States, etc.): 14. CONGRESSIONAL DISTRICTS OF: C811y @&Pe1AQ +u-9@)1a!2005 Ending Date: Jul 31 2006 a. Applicant District 26 b. Project District 26 Start Date: August 1, 2005 Ending Date: July 31, 2006 R [C11072 PRCIMedsirt 26 b. Project District 26 $978,948 R 2 1-23W9-%@P§-?) THE STATE EXECUTIVE ORDER 12372 'e" UU a: eral $579,4 a. Yes. U ~jR LAO THETA XECUITOIVE ORDERD12372 b. ~~b~cant $0 P~SS FOR REVIEW ON g. I b. No. X PAbWGRAM IS NOT COVERED BY E. O. 12372 : American Dream b. No. U gf~ATS~€@r~Ll1~~i7~Y STATE 'n n~r4 ~ d{~~Qr ~ativa $52,0 17. IS T D . 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL 1 ' U Yes If "Yes" attach an explanation. X No a&TRA~T WA%TffE NY) 6&* 1 919 F~9d&kMIjI Am RPII` ~TpUI8aa# M%ITgw MFeAff M1 Vi'kIT -IE Q~~L*Tky~%RRf&AULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE VIM- onze eoresen a roe First Name Hie el Middle Name .rna Prefix Last Name On u Suffix b. Title 8i b. Title I ana er 6.,T&* hone Number give area code - Frn;aml- I' Email: Fax Number give area code d. Si nature of Authorized Re resentative e. Date Si ned x Aufh®rlM fof L@@@I Rmoduoli®n Pf@@orib@d by QMB 01r@ul@rA=102 Page 4 2005 PROJECTS/ACTIVITIES SUMMARY The City of Denton's total federal and program income funding for 2005 is $1,745,409 (includes $100,000 of Reprogrammed Funds). Program funds have been allocated to an array of projects and activities to benefit low and moderate-income households. Each project is described in detail from pages 7 to 14 and is arranged by alphabetically order. See the following list of CDBG and HOME proposed projects and activities for their assigned page number: Page # Project Name CDBG Funds HOME Funds 7 AIDS Services of North Texas $6,500 $0 7 Anderson Street Repave $51,388 $0 8 CDBG Administration $206,190 $0 8 Cook Street Repave $71,515 $0 8 Cook Street Waterline Replacement $79,208 $0 9 Day Stay For Adults $10,000 $0 9 Demolition of Substandard Structures $30,000 $0 9 Denton Affordable Housing Co - AHOP Program $0 $105,015 10 Denton Christian Preschool $18,342 $0 10 Denton City-Co. Day School $22,000 $0 10 Denton County Friends of the Family $20,000 $0 11 Denton County MHMR (SIERRA) $5,000 $0 11 Eagle Drive Sidewalks $117,950 $0 11 Family Health Care, Inc. $20,000 $0 12 Habitat for Humanity of Denton Count $0 $48,000 12 HOME Administration $0 $61,446 12 Home Improvement Program $173,940 $400,000 13 Homebu er Assistance Program $165,915 $0 13 HOPE, Inc. $20,000 $0 13 Minor Repair Program $88,000 $0 14 Salvation Arm $5,000 $0 14 Service Programs for Aging Needs SPAN $20,000 $0 Total Funding Allocated to Projects $1,130,948 $614,461 Funding Available $1,130,948 $614,461 Unprogrammed Funds $0 $0 Page 5 PROJECT DESCRIPTIONS The following are descriptions of projects and activities that will be funded during the 2005 program year with CDBG and HOME funds: AIDS SERVICES OF NORTH TEXAS - $6,500 (CDBG) Provision of food and medical care to individuals and families impacted by AIDS/HIV. Funds will be used to buy food and hygiene items and cover medical care for non-HIV related infections and chronic diseases. Program carried out b AIDS Services of North Texas. HUD Matrix Code: 05 Public Services General 570.201 e Priority Need: Non-Homeless Special Needs Special Objective: Improve the services for low/moderate income persons. Goal: 20 People Primary Purpose: ® Homeless ® HIV/AIDS ❑ Disabled Eligibility: 570.208(a)(2) Low/Mod Limited Clientele Subreci Tent: Private 570.500 c Location: Address - 4210 Mesa Drive, Denton Texas 76207 Start & Completion Date: 10/01/04 - 09/30/05 ANDERSON STREET REPAVE - $51,388 (CDBG) Replacement of a portion of Anderson Street, which may include from Amarillo to Mounts Street. Project will also include the installation of curb and gutter. Project will be carried out by the City's Engineering Department. HUD Matrix Code: 03K Street Improvements 570.201 c Priority: Infrastructure Improve quality/increase quantity of public improvements for low income Special Objective: persons. Goal: 638 People Prima Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Eligibility: 570.208 a 1 - Low/Mod Area Subreci Tent: Local Government Location: CT 20700 BG 1 - 67.87% LM Start & Completion Date: 10/01/05 - 08/31/06 Page 6 CDBG ADMINSTRATION - $10,400 (CDBG PI) and $195,790 (CDBG) CDBG funds will be used for program management, coordination, monitoring and evaluation associated with carrying out eligible activities. Funds will also be utilized to continue City's efforts in fair housing. Funding includes $10,400 in CDBG Program Income. Program will be carried out by the City's Community Develo ment Division. HUD Matrix Code: 21A General Program Administration 570.206 Priorit : Planning & Administration Special Objective: Improve the services for low/moderate income persons. Goal : N/A Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Eligibility: N/A Subreci Tent: Local Government Location: Community Wide Start & Completion Date: 08/01/05 - 07/31/06 COOK STREET REPAVE PROJECT - $71,515 (CDBG) Replacement of a portion of Cook Street from Robertson to Wye Street. Project will also include the installation of curb and utter. Project will be carried out b the City's Engineering Department. HUD Matrix Code: 03K Street Improvements 570.201 c Priority: Infrastructure Improve quality/increase quantity of public improvements for low income Special Miective: persons. Goal: 2192 People Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Eligibility: 570.208 a 1 - Low/Mod Area Subreci Tent: Local Government Location: CT 21200 BG 2 - 72.72% LM Start & Completion Date: 10/01/05 - 08/31/06 COOK STREET WATERLINE REPLACEMENT PROJECT - $79,208 (CDBG) Replacement of a 6-inch waterline on Cook Street from Robertson to Mill Street. Project will be carried out b the City's Engineering Department. HUD Matrix Code: 03J Waster/Sewer Improvements 570.201(c) Priorit : Infrastructure Improve quality/increase quantity of public improvements for low income Special Objective: persons. Goal: 64 People Prima Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Eligibility: 570.208 a 1 - Low/Mod Area Subrecipient: Local Government Location: CT 21200 BG 2 - 72.72% LM Page 7 Start & Completion Date: 10/01/05 - 08/31/06 DAY STAY FOR ADULTS - $10,000 (CDBG) Provision of day activity programming and health services to functionally impaired adults. Funds will be used to subsidize daycare costs not covered by Medicaid reimbursement. Program will be carried out b Da Stay for Adults. HUD Matrix Code: 05A Senior Services 570.201 e Priority: Non-homeless special needs Special Objective: Improve the services for low/moderate income persons. Goal: 6 People Prima Purpose: ❑ Homeless ❑ HIV/AIDS ® Disabled Eligibility: 570.208 a 2 - Low/Mod Limited Clientele Subrecipient: Private 570.500(c) Location: Address - 2109 University Dr., Denton Texas 76201 Start & Completion Date: 10/01/04 - 09/30/05 DEMOLITION OF SUBSTANDARD STRUCTURES - $30,000 (CDBG) Demolition and clearance of vacant substandard structures that contribute to the deterioration of neighborhoods. Program carried out b the City's Community Development Division. HUD Matrix Code: 04 Clearance and Demolition 570.201 d Priorit : Infrastructure Special Objective: Improve quality/increase quantity of neighborhoods for low-income persons. Goal: 20 Structures Prima Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Eligibility: 570.208 b 2 - Slums Blight Spot Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/05 - 07/31/06 DENTON AFFORDABLE HOUSING CORP - $105,015 (HOME) Provision of acquisition, rehabilitation and resale of affordable homes in Denton, including down payment and closing costs assistance. Program carried out by the Denton Affordable Housing Corporation. HUD Matrix Code: 14G Acquisition for Rehabilitation 92.205 (a) Priorit : Housing Special Objective: Increase the availability of affordable owner housing. Goal: 12 housing units Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Eligibility: N/A Subreci Tent: CHDO 92.2 Location: Community Wide Start & Completion Date: 08/01/05 - 07/31/06 Page 8 DENTON CHRISTIAN PRESCHOOL - $18,342 (CDBG) Provision of childcare services for low income children between the ages of 3 years and 5 years. Funds will be utilized pay for teacher's salaries. The program carried out by the Denton Christian Preschool. HUD Matrix Code: 05L Child Care Services 570.201(e) Priorit : Public Services Special Objective: Improve the services for low/moderate income persons. Goal: 35 People Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Eligibility: 570.208 a 2 - Low/Mod Limited Clientele Subrece Tent: Private 570.500© Location: Address - Start & Completion Date: 10/01/04 - 09/30/05 DENTON CITY-CO. DAY SCHOOL - $22,000 (CDBG) Provision of childcare services for low income children between the ages of 2 years and 5 years. Funds will be utilized to pay for teacher's salaries. The program carried out by the Denton City-County Day School. HUD Matrix Code: 05L Child Care Services 570.201(e) Priorit : Public Services Special Objective: Improve the services for low/moderate income persons. Goal: 35 People Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Eligibility: 570.208 a 2 - Low/Mod Limited Clientele Subreci Tent: Private 570.500© Location: Address - 1603 Paisley St., Denton Texas 76201 Start & Completion Date: 10/01/04 - 09/30/05 DENTON COUNTY FRIENDS OF THE FAMILY - $20,000 (CDBG) Provision of emergency shelter to victims of relationship violence. Funds will be utilized to pay for residential safe shelter staff salaries. Program will be carried out by the Denton County Friends of the Family. HUD Matrix Code: 05 Public Services General 570.201 e Priorit : Public Services Special Objective: Provide emergency services for homeless persons. Goal: 100 Nights of Stay Prima Purpose: ®Homeless ❑ HIV/AIDS ❑ Disabled Eligibility: 570.208 a 2 - Low/Mod Limited Clientele Subrecipient: Private 570.500© Location: Address-Confidential Start & Completion Date: 10/01/04 - 09/30/05 Page 9 DENTON COUNTY MHMR (SIERRA) - $5,000 (CDBG) Provides case management to persons with mental illness who are incarcerated in the Denton County jail or who are in the community on probation. Funds will be utilized for the Sierra Program. Program carried out by Denton County Mental Health Mental Retardation Center. HUD Matrix Code: Non-homeless Special Needs Priorit : Public Services Special Objective: Improve the services for low/moderate income persons. Goal: 10 People Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Eligibility: 570.208 a 2 - Low/Mod Limited Clientele Subreci Tent: Public 570.500 c Location: Address - 2519 Scripture St., Denton Texas 76201 Start & Completion Date: 10/01/04 - 09/30/05 EAGLE DRIVE SIDEWALKS - $117,950 (CDBG) Installation of new sidewalks on south side of Eagle Drive from Avenue C to Bernard. Project will also include installation of disability ramps. Project will be carried out by the City's Engineering Dept. HUD Matrix Code: 03L Sidewalks5 70.201 c Priorit : Infrastructure Improve quality/increase quantity of public improvements for low income Special Objective: persons. Goal: 4093 People Prima Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Eligibility: 570.208(a)(1) - Low/Mod Area Subreci Tent: Local Government Location: CT 21100 BG 2; CT 21000 BG 1-3; 84.73% LM Start & Completion Date: 10/01/05 - 07/31/06 FAMILY HEALTH CARE - $20,000 (CDBG) Provision of a prenatal clinic aiding women who are without private insurance or Medicaid. Funds will be used to procure services for non-Medicaid eligible, low-income pregnant women. Program will be carried out b Family Health Care, Inc. HUD Matrix Code: 05M Health Services 570.201 e Priority: Public Services Special Objective: Improve the services for low/moderate income persons. Goal: 50 Peo le Prima Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Subreci Tent: Private 570.200 c Location: Address - 525 S. Loo 288, Suite A, Denton Texas 76205 Start & Completion Date: 10/01/04 - 09/30/05 Page 10 HABITAT FOR HUMANITY OF DENTON COUNTY - $48,000 (HOME) Funds will be used to purchase a minimum of 5 lots in Denton for the construction of affordable homes for low-income families in Denton. Program will be carried out by Habitat for Humanity of Denton. HUD Matrix Code: 12 Construction of Housing 92.205 (a) Priorit : Housing Special Objective: Increase the availability of affordable owner housing. Goal: 5 Housing Units Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Eligibility: N/A Subreci Tent: Private 570.200 c Location: Community Wide Start & Completion Date: 08/01/05 - 07/31/06 HOME ADMINSTRATION - $3,500 (HOME PI) and $57,946 (HOME) HOME funds will be used for salaries associated with carrying out HOME projects by the City's Community Development Division. Funding includes $3,500 in HOME Program Income. HUD Matrix Code: 21H HOME Admin/Planning Costs of PJ (subject to 10%) 92.207 (a) Priorit : Planning & Administration Special Objective: Improve the services for low/moderate income persons. Goal : N/A Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Eligibility: N/A Subreci Tent: Local Government Location: Community Wide Start & Completion Date: 08/01/05 - 07/31/06 HOME IMPROVEMENT PROGRAM - $132,340 (CDBG), $41,600 (CDBG PI), $368,500 (HOME) and $31,500 (HOME PI) Rehabilitation of owner-occupied structures in targeted neighborhoods. Funds are available in low interest loan and grant combinations. Homes that are not suitable for rehabilitation are demolished and reconstructed. Funding includes CDBG ($41,600) and HOME ($31,500) Program Income. Program will be carried out by the City's Community Development Division. HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 CDBG / 92.205 a HOME Priorit : Housing Special Objective: Improve the quality of owner housing. Goal: 7 Housing Units Prima Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Eli ibilit 570.208 a 3 - Low/Mod Housing Page I I Subreci Tent: Local Government Location: Community Wide Start & Completion Date: 08/01/05 - 07/31/06 HOMEBUYER ASSISTANCE PROGRAM - $165,915 (CDBG) HAP is designed to provide homeownership opportunities for low and moderate-income families who live in Denton. The program provides down payment, closing costs and gap assistance to eligible households. Program carried out b the City's Community Development Division. HUD Matrix Code: 13 Direct Homeownership Assistance 570.202 Priority: Housing Special Objective: Increase the availability of affordable owner housing. Goal: 12 Households Prima Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Eligibility: 570.208(a)(3) - Low/Mod Housing Subreci Tent: Local Government Location: Community Wide Start & Completion Date: 08/01/05 - 07/31/06 HOPE, INC. - $20,000 (CDBG) Provision of financial assistance and case management to families who are homeless or at risk to be homeless and seeking to secure permanent housing. Funds will be used to assist the homeless and potentially homeless families with rent, utility, food, and childcare needs. Program will be carried out b HOPE, Inc. HUD Matrix Code: 05 Public Services General 570.201 e Priority: Public Services Special Objective: Increase the number of homeless persons moving into permanent housing. Goal: 50 People Primary Purpose: ® Homeless ❑ HIV/AIDS ❑ Disabled Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Subreci Tent: Private 570.200 c Location: Community Wide Start & Completion Date: 10/01/04 - 09/30/05 MINOR REPAIR PROGRAM - $88,000 (CDBG) Program serves low-income homeowners by providing a grant of up to $5,000 for repairs. Repair cannot be covered by homeowner's insurance. Program carried out by the City's Community Development Division. HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 Priorit : Housing Special Objective: Improve the quality of affordable owner housing. Page 12 Goal: 15 Housing Units Prima Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Eligibility: 570.208(a)(3) - Low/Mod Housing Subreci Tent: Local Government Location: Communit Wide Start & Completion Date: 08/01/05 - 07/31/06 SALVATION ARMY - 5,000 (CDBG) Provision of extended emergency shelter to homeless individuals and/ or families. Funds will be utilized to pay for emergency shelter staff salaries. Program will be carried out by the Denton Corps of The Salvation Army, a Georgia Corporation. HUD Matrix Code: 05 Public Services General 570.201 e Priority: Public Services Special Objective: Provide emergency services for homeless persons. Goal: 10 persons Prima Purpose: ® Homeless ❑ HIV/AIDS ❑ Disabled Eligibility: 570.208 a 2 - Low/Mod Limited Clientele Subrecipient: Private 570.200(c) Location: Address - Start & Completion Date: 10/01/04 - 09/30/05 SERVICES PROGRAMS FOR AGING NEEDS (SPAN) - $20,000 (CDBG) Provision of congregate and home-delivered meals to the elderly. Funds will be used to buy meals. Program carried out by SPAN. HUD Matrix Code: 05 Public Services General 570.201 e Priorit : Public Services Special Objective: Improve the services for low/moderate income persons. Goal: 350 meals Prima Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Eligibility: 570.208 a 2 - Low/Mod Limited Clientele Subreci Tent: Private 570.200 c Location: Address - Start & Completion Date: 10/01/04 - 09/30/05 Page 13 OTHER RESOURCES AVAILABLE Also, during the 2005 Program year, the City of Denton plans to undertake additional activities/programs to address local objectives and strategies using City of Denton General Fund dollars. The Human Services Advisory Committee has recommended funding the following human services program. It is recommended that these activities be funded through Denton's general fund budget. City Council will consider approval of the following recommendations in September 2005. Category / Agency General Funds RSVP $5,000 Community Food Center $842 Hope, Inc - HMIS $18,000 Interfaith Ministries $7,000 Sickle Cell Disease Association $2,500 CASA $5,000 Children's Advocacy Center $6,000 Denton Christian Preschool $3,658 Denton Family Resource Center $5,000 Fred Moore Da Nurse $22,000 Owsle Comm. School - After School $10,000 People's Clinic $15,000 Page 14 STRATEGIES & PROPOSED PROJECTS The City of Denton's 2005 funding has been allocated to programs and activities that meet objectives stated in Denton's five-year strategic plan. Following is the list of the five-year strategies and proposed outcomes stated in the 2005-09 Consolidated Plan and proposed projects and activities that will be undertaken to meet those strategies. 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities RENTAL HOUSING STRATEGIES Encourage and support the An addition of 100 Provide support for low-income housing development of small affordable units in mixed tax credit and bond proposals for mixed-income rental income developments development. developments in accessible would assist in meeting this areas. outcome measure. Encourage self-sufficiency Rental assistance and other Work with and provide funding when among households that forms of public assistance appropriate to support transitional housing currently receive rental to approximately 25 and self-sufficiency programs administered subsidies and other forms households by Denton Housing Authority, HOPE, Inc of public support. and Cumberland Presbyterian Children's Home. Encourage and support the Rehabilitation Continue to support effort in the City's Rental rehabilitation of Approximately 25 units. Rehabilitation Program with residual funds. substandard units. Encourage and assist low- Approximately 250 renters Funding City's Homebuyer Assistance income renters to become will be assisted. Program, DAHC's Affordable Housing homeowners. Opportunity Program and Habitat for Humanity for a total of 29 households. Support of DAHC's Infill New Construction Program and Nevada Court Project. Support for Denton Housing Authority's Family Self Sufficiency Program. Target programs and Four newsletters per year Continuation of TBRA Program with residual information to minorities will be sent out. Additional funds. Disseminate program information in and the elderly. information will appear on Spanish and English to organizations cable channel. serving these groups. OWNER-OCCUPIED HOUSING STRATEGIES Educate homeowners Information will be Four to five households will be provided regarding home provided to 20-25 successful homeowner education. maintenance and households budgeting for major and minor repairs and safe cleaning practices. Page 15 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Assist low and moderate- Provide minor repairs to Funding of the Minor Repair Program for 17 income households with approximately 120 very households. minor housing repairs and low to moderate-income weatherization. homeowners. Encourage and assist low Assistance to 25 to 35 Funding of the Home Improvement Program and moderate-income households. for 7 households. homeowners to maintain their units up to current City of Denton code standards. HOMEOWNERSHIP & PRODUCTION OF AFFORDABLE UNITS Educate homebuyers Information will be Support of Fannie Mae and HUD approved regarding home buying provided to 150 prospective homeowner-ship workshops by local agencies process and household homebuyers. and lenders budgeting. Encourage and assist low Approximately 150 renters Funding of Homebuyer Assistance Program, and moderate income will be assisted. Habitat for Humanity and the DAHC's renters to become Affordable Housing Opportunity Program for a homeowners. total of 29 households. Support production of Construction of an Funding of Habitat for Humanity for 12 affordable units. estimated 75 new units. households and support of DAHC and City's Infill New Construction Program and DAHC's Nevada Court Project and the New Construction Program. CONTINUUM OF CARE - PREVENTING HOMELESSNESS Provide assistance for low- 1) Support at least three la) Support and refer persons to local business income households to educational classes and agency's' First Time Homebuyer secure and sustain safe, concerning securing and classes and Credit Counseling Classes decent affordable housing maintaining a home. lb) Provide funding to HOPE, Inc in support of Support 150 individual/ programs including Housing Counseling family units of services a) Provide administrative support and funds to secure and maintain including any Emergency Shelter Grant housing including Program or Emergency Food and Shelter prevention of foreclosure Program Awards to HOPE, Inc and The and eviction a year Salvation Army for homelessness prevention assistance to at least 150 persons. b) Provide Tenant Based Rental Assistance from HOME funds to the Elderly and Disabled to maintain independent living and to prevent homelessness. Page 16 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities CONTINUUM OF CARE - OUTREACH AND ASSESSMENT Improve community 1) Support at least five 1) Provide funds to the Denton County assessment of needs and homeless service agencies Homeless Management Information System services available participating in the HMIS to enroll and support homeless service in three years. agencies. 2) Complete implementation a) Complete first phase of Denton County of the Denton County HMIS project Implementation including HMIS project in three contracts with software provider and for years. HMIS technical services support. 3) Support a county-wide b) Assist Denton County HMIS Project coordinated Discharge management to complete HMIS policies and Policy and Plan to End procedures. Chronic Homelessness in 3) Assist the Denton County Homeless two years Coalition organize a taskforce to create and implement a plan to in Chronic Homelessness including a coordinated discharge policy. CONTINUUM OF CARE - EMERGENCY SHELTER Meet the emergency 1) Support at least 500 1) Provide funds to the Denton County shelter and basic health, emergency shelter nights Friends of the Family Safe Shelter and The food, clothing, and of stay a year. Salvation Army to support at least 500 personal hygiene needs of 2) Assist local agencies to nights of stay. the homeless and victims apply for at least three 2a) Assist The Salvation Army, and Denton of domestic violence. grants to provide County Friends of the Family to apply for supportive services to all Emergency Shelter Grant Program Funds homeless, victims of 2b) Assist Denton County MHMR to apply for domestic violence, Supportive Housing Program and/or homeless families or Shelter Plus Care Funds. homeless youth. 2c) Assist AIDS Services of North Texas apply for Supportive Housing Program Funds. Page 17 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities CONTINUUM OF CARE - TRANSITIONAL HOUSING Meet the transitional 1) Support at least 50 la) Provide funds to the Salvation Army to housing and supportive individuals/ families support a transitional shelter program for an service needs of the provided with transitional estimated 10 persons. homeless and victims of housing a year. lb) Provide funds to HOPE, Inc to support a domestic violence in 2) Assist local agencies to transitional housing program for an preparation for a move to apply for at least two estimated 40 persons. permanent or permanent grants to provide 2a) Provide local agencies with information on supportive housing. additional transitional grant opportunities for funds to support housing and supportive transitional housing and supportive services services. 3) Support the increase use 2b) Provide documentation for and assist with of transitional housing the completion of applications to request and/or supportive Emergency Shelter Grant Funds and services to prepare Supportive Housing Program funds for individuals for permanent transitional housing and supportive services housing in the Ten Year 3) Attend Ten Year Plan to End Homelessness Plan to End meetings and provide information on the Homelessness. importance and need for transitional housing and/or supportive services. CONTINUUM OF CARE - TRANSITION TO PERMANENT HOUSING AND INDEPENDENT LIVING Provide homeless and 1) Assist agencies to apply la) Assist AIDS Services of North Texas and victims of domestic for at least two grants to Denton County MHMR apply for violence with permanent or provide permanent Supportive Housing Program funds for permanent supportive supportive housing with permanent supportive housing program housing. an emphasis on chronic projects. homeless and persons lb) Provide local agencies with information on with a severe mental grant opportunities for funds to support illness and/ or HIV transitional housing and supportive positive status. services. 2) Assist at least two 2a) Participate in the Affordable Housing community partnerships/ Coalition and the Denton County Homeless collaborative efforts to Coalition. provide additional 2b) Provide funding to support programs of permanent housing HOPE, Inc, Denton County Friends of the opportunities to the Family, and Denton Affordable Housing homeless and victims of Corporation who have a collaborative effort domestic violence to move victims of domestic violence from emergency shelter to Transitional housing in preparation for stable, sustainable permanent housing. Page 18 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities LEAD-BASED PAINT STRATEGIES Educate homeowners, rent 30 households and 50-75 Six owners and 12 contractors or property property owners/managers contractors and property managers will receive field guides for Lead and contractors regarding managers received field Paint Safety painting, home maintenance and disclosure, the history of guides for painting, home renovation work instructions. Four owners, lead-based paint, its maintenance and renovation managers or contractors receive individual safe hazards to children and work instructions. 20 work practice video training and lead-related how to use safe work owners, managers or regulation training. practices when disturbing contractors receive paint in older housing. individual safe work practice video training for the five-year period Reduce Lead-Based Paint Average of 40 units will In properties built before 1978, two minor Hazards in owner and receive lead-based paint repairs, one rental rehabilitation, three owner renter-occupied residential inspection, hazard control occupied rehabilitations and three homebuyer units as needed. reduction work or assistance projects will be completed and abatement, pass inspections receive lead-based paint reduction work, pass and, when required, meet inspections and meet final clearance in final clearance over the compliance with 24 CFR 35 regarding lead- five-year period. based paint during 2005. For the Homebuyer Assistance Program, only a visual inspection will be conducted and property must pass inspection. HUMAN SERVICES STRATEGIES Meet the basic food needs 1) Support at least 500 la) Provide funds to support the Community of the homeless and low- emergency meals and Food Center who will provide emergency income food bags a year food bags to an estimated 500 households 2) Support at least 150 lb) Provide funds to support The Salvation meals and nutritional Army in Denton who will provide meals to food bags/shops a year an estimated 10 persons in the transitional shelter program. a) Provide funds to support the Nutrition Center of AIDS Services of North Texas to provide an estimated 60 persons with weekly nutritional shops. b) Provide funds to support SPAN who will provide an estimated 5,000 meals to elderly. Page 19 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Meet the basic shelter 1) Support at least 500 1) Provide funds to the Denton County Friends needs of homeless and emergency shelter nights of the Family Safe Shelter to support an low-income persons of stay a year estimated 490 nights of stay. 2) Support at least 100 2a) Provide funds to The Salvation Army to individuals/ families support a transitional shelter program for an provided with transitional estimated 10 persons. housing a year 2b) Provide funds to HOPE, Inc to support a 3) Provide at least 100 hours transitional housing program for an of staff time in support of estimated 50 persons. at least 3 projects for the 3a) Provide 10 staff hours to support the Denton Denton County Homeless County Homeless Count conducted by the Coalition a year Denton County Homeless Coalition 4) Support 250 individual/ (DCHC). family units of case 3b) Provide 60 staff hours to support the DCHC management and other application for Continuum of Care funds. services to maintain 3c) Provide 30 staff hours to support the DCHC housing including application for Emergency Shelter Grant prevention of foreclosure Program Funds. and eviction a year 4) Provide funds to HOPE, Inc 30-90 day program to support 250 persons secure and maintain housing. Foster and maintain an 1) Participate in at least 3 la) Participate in the Denton County Homeless environment where coalitions and/or Coalition in the effort to prevent and end families, neighborhoods, collaborative efforts for homelessness. and communities enjoy community initiatives to lb) Participate in the Success by Six Children's strong, supportive foster and maintain an Coalition in an effort to improve the lives of relationships environment to promote children and their families. strong, supportive lc) Participate in the Denton Information relationships Network in the effort to network and 2) Support at least 250 increase collaboration between health and individuals/ family units human service agencies in the City of of childcare, after-school Denton. and summer care, a) Provide funds to three daycares to support parenting skills, and adult the provision of childcare to an estimated education assistance a 200 families. year b) Provide funds to four after school/summer care programs to support the provision of childcare to an estimated 75 families. Page 20 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities (Continuation from 3) Support at least 200 units 3a) Provide support to Denton County Friends previous strategy) of domestic violence and of the Family for the provision of domestic sexual assault direct violence and sexual assault victim services Foster and maintain an services over a year including counseling and a hotline to an environment where 4) Support at least 100 units estimated 150 person. families, neighborhoods, of domestic violence and 3b) Provide support to Children's Advocacy and communities enjoy sexual assault prevention Center for Denton County to provide sexual strong, supportive education and training a abuse/assault services to an estimated 50 relationships year children and non-offending families members. Provide support to Denton County Friends of the Family for the provision of and estimated 100 community education and offender classes to prevent domestic violence and sexual assault. City residents have access 1) Support at least 75 units 1) Provide support the Family Health Care and to health care to be as of health care services a Peoples Clinic for primary health care and physically and mentally fit year pre-natal services to at least 75 persons. as possible 2) Participate in at least 2 a) Participate in the 100% Geriatric Services in coalitions/ collaborative Denton County Workgroup in the effort to efforts to improve enrich and improve the lives of the elderly. availability of health care b) Participate in the Denton County Federation especially for low- of the Families effort to support and income persons, elderly, promote advocacy skills in families with and people with children with sever emotional, behavioral, disabilities and mental health needs. 3) Support at least 25 units 3) Provide funds to Denton County MHMR of mental health care SEIRRA Program and Denton County services Federation of Families to support at least 25 units of mental health care support services, counseling, and case management. INFRASTRUCTURE & PUBLIC SERVICE FACILITIES STRATEGIES Street paving and Paving and repaving Funding of Anderson and Cook Street repaves repaving, installation of projects will support 700 for a total of 2,830 people. curb and gutter. people. Installation of new Sidewalk projects will Funding of Eagle Drive Sidewalks for a total sidewalks and replacement support 235 people. of 4,093 people. sidewalks. Installation of water and Water and sewer projects Funding of Cook St. Waterline Replacement sewer lines. Connection of will support 120 people. Project for a total of 64 people. residential units to services. Page 21 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Installation of drainage 10-15 properties will be Not applicable this year. improvements including affected by drainage improvements that will improvements. remove residential properties from flood lain. Rehabilitation and Improvement to at least 2 Not applicable this year. expansion of public public service facilities. services facilities. Improve and/or expand Improvements to least 2 Not applicable this year. park facilities including park facilities. open space, playground and other recreational facilities. DEMOLITION STRATEGIES Continue to demolish To demolish 25 structures Funding of the Demolition Program for 6 substandard buildings to during the five-year period. structures. improvement the appearance and safety of neighborhoods ANTI-POVERTY & ECONOMIC DEVELOPMENT STRATEGIES Support training and Provide economic Provide non-federal incentives to organizations expand training and opportunity by supporting to create jobs. Work with job training employment activities activities that create jobs. organizations to promote training in specific targeted to poverty and areas of need. very low-income households. Expand educational Provide counseling and Provide funding to transitional housing opportunities for those education services to 25-35 providers. Request that information on seeking transitional transitional housing clients. educational opportunities be provided to housing or other housing clients. support services. Encourage support of Over the five-year period Monitor federally funded projects and work Section 3 goals by local 25+ individuals hired for with contractors to ensure that Section 3 contractors. projects by private requirements are fulfilled. contractors. Encourage start-up and Provide loan assistance to Continuation of the City's Small Business expansion of micro/cottage 25 micro businesses over Loan Program with residual funds to provide industries supporting very the five-year period. two to three loans during the program year. low-income households. Page 22 2005 PROPOSED PROJECT MAP With Minority Concentrated areas by Census Tracts ~ r`pR'F S Of RIN IN E M N F2_ LIZ n n2 4.02 a~ µ M Minority s .I L V~ Concentration by Census Tracts 'u' 0 - 25% P +25%-30% LII DE N204 01 a +31%-40% ] Y - L a J +41%-50% OAK Q +50% -100% Source: U.S.2000 ~ FI Census U µP ~ ~ z IA ~ 5EY '.,a 02 8.0!I A'ETRO 4 K 3 C'' EAST R NGSIDE a ORBIN a~ n° ~ q k V1AR B P 03 2005 Projects and Activities I . AIDS Services of North Texas 7. Eagle Dr. Sidewalks 2. Anderson Street Repave 8. Family Health Care 3. Cook St. Repave & Waterline Project 9. Interfaith Ministries 4. Day Stay for Adults 10. King's Kids Day Kamp 5. Denton City-Co. Day School 11. Owsley Summer Playground Program 6. Denton County MHMR Community-Wide Activities CDBG and HOME Administration Homebuyer Assistance Program Demolition of Substandard Buildings HOPE, Inc. Denton Affordable Housing Corp. - AHOP Interfaith Ministries Habitat for Humanity of Denton County Minor Repair Program Home Improvement Program PARD: ASAS Scholarships Page 23 OTHER PROGRAM SPECIFIC REQUIREMENTS HOME PROGRAM - FORMS OF INVESTMENT The City of Denton, through the Homebuyers Assistance Program (HAP) and Denton Affordable Housing Corporation, through the Affordable Housing Opportunity Program (AHOP) will provide subsidies to low and moderate-income homebuyers. Under the HAP program the maximum HOME subsidy will be $14,900. This amount includes all investment that enables the family to purchase the unit. This sets up a 5, 10 or 15-year recapture period for all homebuyers. The subsidy is provided as a 5, 10 or 15 year deferred forgivable loan. Under the AHOP program the maximum HOME subsidy will also be $14,900 and is set up as a 5-year recapture period. According to the promissory note, the borrower agrees to occupy the property as his/her primary residence for the term of the loan from the execution date of the promissory note and deed of trust. The borrower must also agree to pay all mortgage payments, taxes and other assessments on the property in a timely manner. In the event the borrower complies with the terms of the promissory note, deed of trust and the program, the City of Denton and DAHC agree to release the maker of the note from payment of the loan. Borrower agrees not to sell, lease, or transfer any interest therein during the term of the loan. In the event that the borrower sells, leases or transfers the property, the City of Denton and DAHC will require that the loan balance be repaid. If the borrower sells the property or if the property is foreclosed upon, or transferred in lieu of foreclosure, the loan balance will be repaid from the net proceeds. Net proceeds are defined by HUD as the sale price less closing costs and mortgage payoff. If the net proceeds of the sale are not sufficient to repay the loan balance, the City of Denton and DAHC can reduce the amount based on the available net proceeds at the time of sale. Recaptured funds from the either program will be used to assist other first-time homebuyers. Funding agreements and/or contracts with community housing development corporations and/or subrecipients will include a requirement that the organization comply with HOME regulations in regard to continued affordability of assisted units. There are no other forms of investment that are not described in §92.205(b) by the City of Denton. HOME PROGRAM - TENANT BASED RENTAL ASSISTANCE The City of Denton's Tenant-Based Rental Assistance Program (TBRA) has been developed to assist very low-income households in obtaining safe, sanitary housing. The following statistics about elderly or the need for rental assistance are stated in the 2005 Consolidated Plan for Housing and Community Development: 1. 66% of the renter households in Denton are below 50% of the area median income and are considered very low-income households. 2. Waiting lists for Section 8 subsidies or subsidized housing units has 1476 very low-income households. 3. 37% of the elderly in Denton are renters. More than 65% have incomes at or below 50% of the area median income. 4. 54.8% of elderly renter households report housing problems. 5. 31% of the elderly renter households in this category have a cost burden, 37% have a severe cost burden. Page 24 Housing studies indicate that there is adequate housing for middle and upper income elderly. However, service providers state a need for additional housing that is within the reach of low and very low-income elderly. Support services, designed to allow the elderly to remain independent, are needed as a supplement to the housing assistance. The information discussed in the 2000-2005 Consolidated Plan concerning the need for affordable rental housing for the elderly and citizen requests for assistance for persons with disabilities has led the City of Denton to adopt a Tenant Selection Policy. This policy will be used to determine appropriate participants under the City's Tenant-Based Rental Assistance program. TBRA is an essential element of Denton's Consolidated Plan and will serve to expand the supply of affordable, decent, safe and sanitary housing for very low-income households. MONITORING STANDARDS AND PROCEDURES The City of Denton will complete an annual comparison of the objectives stated in the 5-year Consolidated Plan with actual accomplishments. Based on the comparison the City of Denton will consider making changes or updates to the 5-year Consolidated Plan. The City of Denton provides CDBG, HOME and General funds to several non-profits agencies and departments providing supportive services. The City's Human Services Coordinator monitors agencies on a daily basis. Each year agency staff is provided with training on financial procedures and data collection. Agency staff is provided with appropriate Federal guidelines and OMB circulars to ensure that they have access to pertinent information. Agencies are required to provide quarterly beneficiary and financial reports. A year-end report is required to detail annual expenditures, beneficiary information, funding sources and major accomplishments. Each year, the Human Services Coordinator completes a risk analysis based on established criteria. On-site monitoring visit are completed on all "high risk" organizations. The on-site monitoring includes a review of client files, financial and accounting records, and procurement procedures. Independent audits are also submitted and reviewed by the City staff. A similar process is also followed to monitor the Denton Affordable Housing Corporation, a certified CHDO. The City's Community Development Administrator with the help of the Coordinator monitors the CHDO on a regular basis to ensure that the non-profit is meeting HOME regulations. Programs and projects carried out by the City are monitored daily. Staff maintains checklists on individual projects to ensure that all required procedures have been completed. The Housing Rehabilitation Staff maintains records on all rehabilitation projects. The Community Development Coordinator maintains records for the Homebuyer Assistance Program and the Administrator maintains records on public infrastructure projects. The Administrator reviews and certifies all applications prior to provision of assistance. A year-end report that details expenditures, revenue, beneficiary information and major accomplishments is also required from all City programs and proj ects. Page 25 PUBLIC HOUSING IMPROVEMENTS The City of Denton has no public housing units. PUBLIC HOUSING RESIDENT INITIATIVES The City of Denton has no public housing units. However, City staff will continue to work with the Denton Housing Authority to promote the Homebuyers Assistance Program to those currently receiving Section 8 assistance. Information on the Homebuyer Assistance Program has been mailed to all Section 8 recipients with their utility bills. No resident initiatives strategies were included in the Consolidated Plan. INSTITUTIONAL STRUCTURE The City of Denton's 2005-2009 Consolidated Plan notes six "gaps" in organizational structure that hinder effective housing and social services delivery. These gaps include the following with the City's efforts to ameliorate these conditions during the coming year: 1. Need for more effective communication between housing organizations in the North Texas area, including those serving the City of Denton. Housing organizations often compete for resources when coordination and partnership efforts would be more effective. Work with the Denton Housing Coalition to bring other housing providers and professionals into the organizations. Participate in the North Texas Housing Coalition that includes larger metroplex communities such as Dallas and Fort Worth. Form coalitions and collaborative relationships with NTHC members when appropriate. 2. Need for more effective coordination between emergency assistance agencies. Assist with the development of the Homeless Management Information System including administration of the first year of a three-year Supportive Housing Program grant received from US Department of Housing and Urban Development (HUD). 3. Lack of private contractors experienced in lead-based paint hazard reduction and abatement and lack of funding to complete projects. Contractor training along with additional funding targeted to lead abatement is critical to continue the City's owner-occupied rehabilitation program. Community Development housing staff will seek out training opportunities and inform contractors of the training. Staff will also work with housing partners such as HUD, the TX Department of Housing and Community Affairs (TDHCA) and the Denton Affordable Housing Corp. to provide contractor training on lead abatement and interim controls. Request additional funds under the Lead Hazard Control Grant program if it is available and the City's application would appear to score highly based on the program criteria. Page 26 4. Lack of shelter facilities for families and youth. Work with Denton County Homeless Coalition to develop and support additional shelter facilities. Include proposed activities in the "Ten-Year Plan to End Chronic Homelessness. Some additional emergency shelter facilities or alternative housing programs should be available in Denton County within the ten-year plan period. 5. Need for service coordination and referral services that go beyond activities of HMIS, including application intake, referral and coordinated case management. Participate in an interdisciplinary initiative by the University of North Texas to create a countywide information and referral network for community housing, health, and human services. 6. Lack of coordination of homebuyer/homeowner educational services needed to provide a higher level of information. Work with local agencies, lenders, realtors and university to create a unified vision for homeownership/homeowner workshops that will provide beneficial information so that homeowners and homebuyer will be successful homeowners in the near future. Page 27 LOCAL GOVERNMENT CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Page 28 Anti-Lobbying To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Date Michael C. Conduff Name City Manager Title 215 E. McKinney Street Address Denton Texas 76201 City/State/Zip (940) 349-8307 Page 29 Telephone Number Page 3 0 Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds It has complied with the following criteria: 4. Maximum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 5. Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2005, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 6. Special Assessments - It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Page 31 Excessive Force It has adopted and is enforcing: 7. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 8. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint Its activities concerning lead-based paint will comply with the requirements of part 35, subparts A, B, J, K and R, of title 24; Compliance with Laws It will comply with applicable laws. Signature/Authorized Official Date Michael C. Conduff Name City Manager Title 215 E. McKinney Street Address Denton Texas 76201 City/State/Zip (940) 349-8307 Telephone Number Page 32 Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature/Authorized Official Date Michael C. Conduff Name City Manager Title 215 E. McKinney Street Address Denton Texas 76201 City/State/Zip (940) 349-8307 Telephone Number Page 33 APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug-Free Workplace Requirements Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Drug-Free Workplace Certification 9. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 10. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 11. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 12. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 13. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 8. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 21. Place Name Street City Count State Zip Community Development 101 S. Locust, Denton Denton TX 76201 Division Suite 500 Page 34 14. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug- Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: a. All "direct charge" employees; b. all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and c. temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Note that by signing these certifications, certain documents must completed, in use, and on file for verification. These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3. Anti-displacement and Relocation Plan Signature/Authorized Official Date Michael C. Conduff Name City Manager Title 215 E. McKinney Street Address Denton, Texas 76201 City/State/Zip (349) 349-8307 Telephone Number Page 3 5 PUBLIC HEARING MINUTES - ENGLISH Monday, December 6, 2004 MLK Recreation Center at 1300 Wilson Street, Denton Texas Staff Present: Nancy Baker, Anita Ferguson, Becky Guthrie, Gordon Meredith, Wendy Nalls, Frank Payne, Barbara Ross Attendees: Susie Gardner Amy Pape - Cumberland Rick Andresen Ruby Cole Peternia Washington Laura McDade Eddie Touraine - CDAC Member Sandra Benavides - CDAC Member Willie Taylor La Nelle Winn - CDAC Member Jack Thompson - City Council Charles McLain- HSAC Member Barbara Ross began the public hearing with introductions of staff, committee members and council members. Ms. Ross then reviewed the 2003 - 2004 Community Development activities. Five public improvement projects were completed or initiated including McKinney Street Sidewalks, Inman Water/Wastewater, Fred Moore Restrooms, MLK Lighting and Denton City County Day School Sidewalks/Parking Lot. The City assisted 25 new homebuyers. Two single- family units were rehabilitated and four were reconstructed. Two small businesses were assisted under the Microenterprise Loan Program. The City of Denton also provided funding for 24 social service agencies. Wendy Nalls asked those in attendance to give their priority projects under several different categories including public improvements, housing, social services and economic development. The following is a list of those priorities: Public Works • Installation of sidewalks on Eagle from Bernard to Avenue C • Street improvement to correct sinking hole problem at Baldwin & Morse • Duncan/Kerley intersection - street drainage problem • Greenway/Lakewood Drive street improvements • Building for agency services such as the Boys and Girls Club • Traffic lights at intersections on Elm Street • Pocket parks in SE Denton area • Lights on rail trail at Brinker Road • Bike lane on Eagle Page 3 6 Social Services • Emergency Services/Shelter • Home Health Services • After School Program Scholarships • Literacy Programs Housing • Rehabilitation/Reconstruction Program • Rental Assistance Economic Development • Loan program targeted to women-owned businesses Demolition • Skinner/Prairie house • Lakey/Morse house Ms. Ross noted that some projects such as the lights on the rail trail and sidewalks along Eagle Street might not be eligible since the activities may not primarily serve the low/mod-income population. Also, traffic lights at intersections on Elm would not meet the low/mod requirement since it was not within a "neighborhood." She also noted that with Fred Moore Park, Phoenix Park and the MLK area, that SE Denton had a significant amount of recreational space and that additional pocket parks might not be considered for that reason. Those present also discussed the City's policy regarding bike lanes and whether they planned to continue designating these. Ms. Nalls asked those present to indicate their top priorities by using colored tabs and placing them by each priority activity listed. The following activities received priority ratings: • Housing rehabilitation/reconstruction - 3 • Rental assistance - 3 • Eagle Sidewalks - 3 • Duncan/Kerley drainage - 3 • Home health services - 3 • After school program scholarships - 1 • Emergency services - 1 • Building for agency services - 1 Attendees were reminded that they could continue to call in comments until April regarding the City's federally funded activities. The public hearing on December 13th was announced. It was noted that the hearing would be in Spanish. The hearing was adjourned. Page 37 PUBLIC HEARING MINUTES - SPANISH Monday, December 13, 2004 MLK Recreation Center at 1300 Wilson Street, Denton Texas Attendees: Sandra Benavides, Jorge Urbina and Rudy Moreno Staff Present: Luisa Rodriguez-Garcia and Alma Espino Luisa Rodriguez-Garcia opened the public hearing at 6:45 p.m. Ms. Rodriguez-Garcia stated that the purpose of the public hearing was to get citizen input on the use of the City's federal funds from the U. S. Department of Housing and Urban Development. She reviewed the funding sources from HUD and approximately the amount of funds that would be available for the 2005 program year. She mentioned that the City of Denton receive both Community Development Block Grant and HOME Investment Partnership Grant funds. Ms. Rodriguez-Garcia reviewed eligible activities under both the CDBG and HOME programs and gave attendees information on last year's activities and accomplishments. She then asked for comments or questions. Jorge Urbina stated there is a need for the construction of a building at the Day Laborer's Site on Collins and Fort Worth Drive. He mentioned that the building needed to be equipped with telephone lines and staff restrooms to provide services and training opportunities for the day laborers. He also mentioned that he felt very strongly that the City or a non-profit needed to apply for CDBG funds for the construction of the building. Rudy Moreno agreed with Mr. Urbina and stated that the construction of a building on at the Day Laborer's site was essential in meeting an important need in our community. Jorge Urbina mentioned that the Workforce Commission had agreed to provide a part-time person to provide services to the day laborers. He also mentioned that many other surrounding communities that have a similar building for services charge the contractors or persons needed the help of the day laborers a small fee to paid for the ongoing maintenance of the building. Ms. Urbina also stated that there was a need for the City of Denton to be involved with a comprehensive bilingual information fair in both Spanish and English. The informational fair can provide citizen a one- stop shop for information on an array of services available in the city, such as human services, health program, housing programs, employment training, legal services, small business funding and much more. He mentioned that a city in the Metroplex has a similar information fair that coincides with back to school and provides school supplies to needy children. According to Jorge Urbina, he has seen a rise in the number of calls for small business loans. Alma Espino mentioned that the City of Denton currently provides small business loans at 3% for up to $10,000 for business expansion or start-up. Luisa also mentioned that the City's Small Business Program recently provided business loans to a bakery and a photography business. Mr. Urbina also mentioned to Alma Espino that he had recently had an opportunity to talk to a group of lenders in the Metroplex where he mentioned that they needed to find out if their city provides housing program similar to Denton. He mentioned that the City of Denton provides a variety of different housing programs that are very much needed in our community, such as the Minor Repair, Home Improvement and the Homebuyer Assistance Program. No additional comments were received so the meeting was adjourned. Page 3 8 Action Plan Public Hearing Minutes April 5, 2005 City Council Meeting The following public comments were received at the April 5th public hearing: Stan Morton, Presbyterian Hospital Mr. Morton requested consideration of the request from the People's Clinic for $25,000. He stated that they are serving a medically underserved population. Their objective is to achieve status as a federally qualified health center. Support from other entities is necessary to achieve that designation. Bob Clifton, Denton Mr. Clifton stated his concern regarding the amount of federal funds expended on streets, sidewalks, administration and other costs he felt should be paid from City of Denton funding. He noted that people are hungry in Denton and that the federal funds should go to those in need. George Gibson, Our Daily Bread Mr. Gibson stated that people all over the City are hungry. Our Daily Bread served 6,000 meals last year. He added that recently the Denton Police brought a woman and two children to the church and asked Our Daily Bread to take care of them. He commented that he was unsure where the funds should come from. Volunteers provide more than $400,000 worth of "in-kind" services per year. For some families, this is their only meal of the day. Tim King, The People's Clinic Mr. King stated that the Clinic had more than 4,000 patient visits so far. He noted that State Senator Jane Nelson and Congressman Michael Burgess had helped on the project. Mr. King stated that a portion of the City's funds would go to acute care, medications. The People's Clinic was included in the human services recommendations for the first time this year. Dessie Goodson, Denton Ms. Goodson stated that she saw the work session. She added that she has read up on the Community Development Block Grant program and it was not to go to streets. She stated the funds were supposed to go to people in need. Page 3 9 MINUTES FROM 30-DAY COMMENT PERIOD April 3, 2005 through May 3, 2005 No additional comments were received during the City of Denton's 30-day comment period on the 2005 Action Plan for Housing and Community Development: Page 40 Official Minutes Community Development Advisory Committee January 31, 2005 Economic Development Conference Room Members Present: Ron Aldridge, Cassandra Berry, Hank Dickenson, Peggy Fox, Charlye Heggins, Edward Touraine, and La Nelle Winn Members Absent with Notification: Sandra Benavides, Maureen Jamail Staff Present: Barbara Ross Eddie Touraine, chair, called the meeting to order. Mike Cagle and Zackery Loiselle from the Building Inspections Department were introduced. Mr. Cagle reviewed the procedures for demolition projects. He stated that structures could be demolished with owner consent or through the building condemnation process. Mr. Cagle added that they try to get four or five structures for the demolition bid to keep the cost down. Three properties are scheduled to go to the Building Code Board on February 17th. They are currently working 12 to 14 structures. Demolition of each structure averages approximately $3,400. Committee members pointed out that the history of the program does not indicate that they will increase the number of structures being demolished on an annual basis. Nancy Bake, CD housing programs manager, indicated that at one time a Building Inspection staff member was dedicated to working on the substandard building problem. After she left, no one was assigned that responsibility but now it appears that Building Inspections plans to dedicate some staff to the effort again. Hank Dickenson asked if their goal was to expend the entire $80,000 during the program year. Mr. Cagle indicated that it was. Cassandra Berry asked if this was the only funding they received to demolish buildings and Mr. Cagle stated that it was. Ms. Baker indicated that the Fire Department has a small amount of funding to board up houses and secure them but no funding for demolition. Hank Dickenson asked who made up the Construction Advisory Board. Mr. Cagle indicated it was the building official, a local plumber and others in the construction industry. Ms. Berry asked about the photo at the back of the handouts. Mr. Cagle explained that is was a photo of a substandard unit that had been inhabited from time to time. The unit was in very poor condition. Alma Espino, CD housing specialist, and Gordon Meredith, residential construction specialist were introduced. Ms. Espino indicated that the request for the Home Improvement Program for the 2005-'06 year was $573,940. With these funds they could complete a minimum of seven projects. They currently have two projects waiting on the 2005-'06 funding. Ms. Espino provided a PowerPoint presentation showing several "before" photos of units with sagging walls, deteriorating bathrooms, no proper flooring and holes in the walls and windows. The "after" shots showed the "reconstructed" units. Ms. Espino stated that to participate in the program, the owners must be low to moderate-income and show the ability to pay back the HIP loan. She added that households with credit problems must work on those problems before they are approved for assistance. It was noted that some families have come in with poor credit and worked to get their bills paid off. They have then returned and received assistance from the city. Page 41 Staff offers assistance and referrals to those with credit problems. Ms. Espino reviewed the range of loans available based on household income. She also described the items that the program would take care of. Ms. Espino reviewed the Americans with Disability Act (ADA) features that the HIP program can install. The size of the unit and the number of bedrooms is determined by the household size. Mr. Touraine asked if the $573,000 was for seven units. Ms. Espino indicated that most projects entailed reconstruction rather than rehabilitation and that it also included some staff and administrative costs. Peggy Fox asked who had the responsibility for the relocation costs. Ms. Espino indicated that it was the household's responsibility but that there had never been any family that wasn't able to relocate for a reconstruction. Ms. Espino stated that staff attempts to help them find an affordable unit if necessary. Ms. Ross stated that many of the families doubled up with relatives during the construction. Everyone is informed regarding how long they will be out of their home prior to the start of construction. Ms. Berry asked if any of the families with disabled persons in the household ever receive assistance from the Texas Rehabilitation Commission. Ms. Espino responded that sometimes they do. The Denton Affordable Housing Corporation also has some units, including accessible units that are sometimes available for relocation. Mr. Touraine asked if child support was included in the income calculation to determine eligibility. Ms. Espino stated that it is included. Ms. Ross asked for the range of loan repayments that households were making. Ms. Espino stated that they range from about $300 to $0. If a family is extremely low-income and can be assisted with Federal Home Loan Bank funds that are also used in the program, then they may owe nothing. Luisa Rodriguez-Garcia, CD coordinator, was introduced. Ms. Rodriguez-Garcia explained the eligible household income levels and how they relate to the amount of funding available to each household in the Homebuyer Assistance Program (HAP). She stated that the program attempted to help households purchase houses that are in good shape and don't need a lot of work. She added that Gordon Meredith completes an inspection on each unit. Homebuyers are required to take a class and must contribute at least 1.125% of the sales price to help purchase the unit. Ms. Rodriguez-Garcia stated that staff reviews their income information very carefully to ensure that they need the assistance. If the household has assets of more than $5,000 then they are not eligible. The program is designed to help households with no other options. LaNelle Winn asked if the homeowner has to carry insurance. Ms. Rodriguez-Garcia responded that they are required to obtain a mortgage loan and must have insurance with that loan. Charlye Heggins asked if the education is a one-time thing or ongoing. Ms. Rodriguez-Garcia stated that currently it is a one-time thing but that staff is talking with Consumer Credit Counseling Services about post-purchase counseling. Ms. Ross commented that homeowner maintenance tips and other helpful information are usually included in the newsletter that goes out to recent program participants. It was noted that CD staff also helps participants to obtain their homestead exemption from the Denton Central Appraisal District. Peggy Fox asked if the homebuyer classes were at one time held at the MLK Center. Ms. Rodriguez-Garcia responded that this was the case a few years ago when staff was doing most of the class. Now Consumer Credit Counseling Services and various lenders have classes or one-on-one sessions available to clients. Ms. Rodriguez-Garcia reviewed the funding application. Mr. Dickenson asked why the last two years was so dramatically different from previous years referring to the drop in funding requested. Ms. Rodriguez-Garcia stated that is was primarily the housing market and poor economy that have caused homes to move slowly over the past couple of years. She added that lenders have come up with some loans that appear more attractive than the City's program. Page 42 Some changes have been made to HAP to make it work under the current economy. Mr. Touraine asked what type of homes could be purchased. Ms. Rodriguez-Garcia stated that the program doesn't assist with manufactured or mobile home units. Mr. Touraine thought that staff should consider allowing the purchase of manufactured homes. Ms. Rodriguez-Garcia stated that she would look into that possibility. Ms. Winn asked how staff educates prospective buyers about variable escrow costs. Ms. Rodriguez-Garcia stated that they are told the purpose of the escrow but told it would likely not remain the same as taxes and insurance costs increase. Gordon Meredith gave a presentation on the Minor Repair Program. He stated that the program guidelines had been revised to allow for a maximum lifetime (unit lifetime) limit of three minor repairs or $12,000 whichever came first. Mobile homes will be allowed three repairs or a limit of $6,000. He stated that staff is trying to direct households into the Home Improvement Program for a rehab or a reconstruct if their unit is in poor condition and constantly in need of minor repairs. Another change entailed rationing the funds over the entire year by capping the amounts expended in each quarter. Ms Ross stated that staff realized they were continuing to funnel more and more funding left over from other projects into the Minor Repair Program because they have had so many requests. But, staff also realized that this does not really solve the problem and it would be more appropriate to spend more funds on major rehab or reconstruction. Mr. Meredith stated that a third change was that no more funding from the lead program would be able to be used for minor repairs. The ALERT- Area Lead Education, Reduction and Training program is ending. Ms. Winn asked if the program paid the deductible on the homeowner's insurance for repairs. Mr. Meredith stated that staff looks very closely at what insurance will cover and will often pay the difference for needed repairs. He added that many of the needed repairs are not covered by insurance. Ms. Ross stated that unlike the home improvement and homebuyer programs, households participating in the minor repair program aren't required to have insurance. Members discussed the next meeting and agreed to meet at 12:30 pm on Monday, February 7tn Members requested that staff attempt to get the Wells Fargo Bank boardroom for the next meeting. The meeting was adjourned. Page 43 Official Minutes Community Development Advisory Committee February 7, 2005 Well Fargo Bank Board Room - 2nd Floor Members Present: Ron Aldridge, Cassandra Berry, Hank Dickenson, Peggy Fox, Charlye Heggins, Maureen Jamail, Edward Touraine, and La Nelle Winn Members Absent with Notification: Sandra Benavides Staff Present: Barbara Ross, Luisa Rodriguez-Garcia Eddie Touraine called the meeting to order. Members reviewed the minutes from 11/4/04 and 1/31/05 and suggested revisions. Barbara Ross introduced Frank Payne and Rebecca Guthrie from the City of Denton Engineering Department. Ms. Guthrie reviewed each of the project submitted by the Engineering Department. She explained the "overall condition index" or OCI and stated that an index of 45 or lower meant that the street was in very poor condition and needed immediate attention. • Mulberry Street Repave - The street needs a new thickness of 7 inches. It falls under the 45 point OCI. Seven households would be assisted through this project. • Anderson Street Repave - This project was omitted from the "Blue Ribbon" bond package and is also below the 45 OCI. Fifteen households would be assisted by this project. • Wood Street Repave - The project would extend from Sycamore to Hickory. This project would benefit 28 households. Curb and gutter would be installed. It is also below the OCI. • Cook Street Waterline - The waterline has had over three breaks in the past year. The project would benefit 27 households. • Cook Street Repave - The project would benefit 11 households. The OCI is not less than 45. It is 51 but the street is in very poor condition. • Smith Street Repave - Improvements would extend from Dallas Drive to Johnson Street. The project would benefit 66 households. The project would include drainage improvements and curb and gutter. • Schmitz Avenue Repave -It was noted that 82 households would benefit. The project would extend from Bell Avenue to Mingo Road. The OCI is 55, 10 points above the 45 point level. • Eagle Drive Sidewalks - This project would entail the installation of 2100 feet of sidewalks on the south side of Eagle Drive from Avenue C to Bernard. A citizen that attended one of the public hearings made the request for this project. Frank Payne noted that Mr. Andreson who made the original request was present. Rebecca Guthrie then provided some information on the current status of various projects that had previously been funded through CDBG. Page 44 Cassandra Berry asked if any of the proposed projects had to be coordinated with TXDOT. Ms. Guthrie stated that they were all City streets and it would not be necessary. Hank Dickenson asked if when a project was close to the OCI but not below it, would it save money to do the project immediately. Mr. Payne indicated that certainly the cost of doing business would probably go up but that the extent of the project would not necessarily change with time. Mr. Payne noted that the first two projects were included in the Blue Ribbon bond package but were taken out. Mr. Dickenson noted that more households were being assisted at the end of the list even though that was considered a lower priority. Mr. Payne indicated that committee members could look at that rather than the OCI. He stated that staff was looking at the cost as well as the severity of the degradation. He commented that the Engineering staff is aware that there are not enough CDBG funds to do high cost projects. These projects give some cost options as well. Peggy Fox asked if there was any other funding to pay the professional fees as there has been in the past. Mr. Payne stated that in the past, utilities was willing to pay for some of the project delivery costs. He stated that they were no longer able to do that. LaNell Winn asked if the projects were coordinated with utilities and other departments to make sure that recently repaved streets weren't torn up for other projects. Ms. Guthrie stated that they do coordinate and asked the Water/Wastewater Department to move up a waterline project on Duncan so that Engineering could then repave the street. Maureen Jamail stated that she was on the Blue Ribbon Committee. They looked at the highest priority projects and started there. They based their decisions on the recommendations of City staff. Ms. Jamail asked if there were any other funds for this type of projects. Mr. Payne and Ms. Ross said no other funds were available. Mr. Payne did note however, that there might be some Denton County Transportation Authority funding for sidewalks. Jane Provo, executive director of the Denton Affordable Housing Corporation (DAHC) gave a presentation on the organization's Affordable Housing Opportunity Program (AHOP). She began with a PowerPoint presentation that provided some information on the agency. At least one-third of DAHC's governing board is low-income as required by the HOME program regulations for Community Housing Development Corporations. Ms. Provo stated that DAHC tries to stay in their mission of providing housing though they often get drawn into situations where the families they serve also need other services to maintain their housing. The populations they primarily serve include 1st-time homebuyers, disabled, elderly, households in substandard housing and homeless women with children. Sources of funding for DAHC's programs include Wells Fargo Bank, City of Denton, Denton County Housing Finance Corporation, TX Department of Housing & Community Affairs (TDHCA), State Housing Trust Fund, US Dept. of HUD and the Federal Home Loan Bank. Administrative costs are paid from the small profit realized from the AHOP, management fees and some funding available with TDHCA grants. DAHC does do some new construction and is about to start construction on their first small single-family development. Ms. Provo provided a list of the cities in which DAHC has been active. She noted that they are moving away from The Colony and Little Elm. They are constructing some affordable housing which should meet their immediate needs. The average purchase price on an AHOP unit is $56,562. The average sales price in Denton is $78,400, however, the last ten units have had an average sales price of more than $91,000. Ms. Provo showed the CDAC some before and after photographs of units they had purchased and renovated. She described the type of work that is usually completed on these projects and noted Page 45 that there is a one-year warranty for the buyer. Ms. Provo explained how the program works, who qualifies and what type of assistance households are eligible for. Ms. Heggins asked why the funding spent in Flower Mound is so low. Ms. Provo indicated that the cost of producing housing is so expensive in Flower Mound that they usually cannot make those units affordable. She noted that proceeds from the sale of each unit (program proceeds) are used to complete additional units. Don Louis and Peggy Heinkel-Wolfe presented the request for funding from the Owsley Community School (OCS). Dr. Louis introduced a UNT student who was in attendance. Dr. Louis passed around an architect's rendition of the new building, as it will look when placed on the lot with parking and landscaping. He stated that the Owsley Community School had taken an opportunity to acquire a new building from the Flowers Bakery. They were deviating from the original plan but this is a much larger facility. He stated that the City would have three offices in the facility- two for the police and one for code enforcement. Dr. Louis explained that they will also participate in the Library's technology grant and as a result, approximately six computers with Internet service would be available at the OCS. He explained that the City has requested a more formal agreement with OCS and this has caused some delays. Dr. Louis stated that they now have a grading permit and will soon start work on the site. The current request is to repave the parking lot and install sidewalks around the new facility to comply with local codes. Mr. Touraine asked about the location of the sidewalks. Dr. Louis responded that they would be on all three sides and that the existing sidewalks on Bonnie Brae were not sufficient to meet codes and would need to be expanded. Mr. Touraine asked how long the building would be open during the day. Ms. Heinkel-Wolfe noted that activities and classes are in the afternoon and evening. They will usually open the building about 11:00 am and it will stay open until about 7:00 pm. Dr. Louis stated that the code enforcement officer would likely be there at 8:00 am. Ms. Fox asked if they served many middle school youth. Dr. Louis and Ms. Heinkel-Wolf responded that it is mostly elementary school children that participate. They try to help them make good choices so that they can do better in middle school. Mr. Touraine asked the committee members to consider approval of the minutes from 11/4/04 and 1/31/05. Peggy Fox made a motion to approve the minutes as corrected. Charlye Heggins seconded the motion. The minutes of 11/4/04 and 1/31/05 were approved. Members discussed rescheduling the final two meetings that had been scheduled since November. Due to her current class schedule, Sandra Benavides could not attend these meetings. Members were not able to find other dates and times when everyone was available. Ms. Ross suggested that if they could not re-schedule that she would ask Ms. Benavides to send in her rankings and any comments regarding the proposed projects and programs. The committee could then consider her remarks and choices as they developed the council recommendations. The members agreed. The meeting was adjourned. Page 46 Official Minutes Community Development Advisory Committee February 14, 2005 Well Fargo Bank Board Room - 2nd Floor Members Present: Ron Aldridge, Hank Dickenson, Peggy Fox, Charlye Heggins, Maureen Jamail, Edward Touraine, and LaNelle Winn Members Absent with Notification: Sandra Benavides, Cassandra Berry Staff Present: Barbara Ross Eddie Touraine called the meeting to order. Barbara Ross reviewed some corrections to the minutes. Charlye Heggins moved that the minutes be approved. Hank Dickenson seconded the motion. The minutes were approved as corrected. Ms. Ross introduced Angela Bills and Neal Brand from Habitat for Humanity of Denton County. Ms. Bills described Habitat for Humanity's mission. She noted that participating families were required to do some "sweat equity" on their project or for another family to participate in the program. Ms. Bills stated that Habitat uses the funds from repayment of the mortgage loans for additional projects. Habitat for Humanity is requesting $75,000 to be used to purchase about eight lots, perhaps nine if they can find lots at a good price. Mr. Touraine asked if Habitat had ever repossessed a home. Ms. Bills stated that they had. She noted that Habitat's agreements with homebuyers have a "first right of refusal" clause for a ten- year period. Within that ten-year period, if the homebuyer wants to sell or cannot make the payments, Habitat has the right to buy the unit for the original sales price. Mr. Touraine asked how many units had been built in the city of Denton. Ms. Bills and Dr. Brand responded that 48 units have been built in Denton and eight in Lewisville. Maureen Jamail asked if Habitat served the entire County. Ms. Bills stated that they did and would soon be building some units in Sanger. They also have contacts in Pilot Point looking for properties. Mr. Touraine asked where the units in Denton were located. Were they in the same area or scattered? Dr. Brand explained that most were in Southeast Denton but several were also in the area north of McKinney. Hank Dickenson asked if the "four persons per household" as the average number of residents in each unit is correct. Ms. Bills explained that this was correct according to the size of the families currently on their waiting list. Ms. Ross asked if Habitat had ever discussed the idea that they might need to ensure that very low-income families were not concentrated in only a few neighborhoods and what they might do to build homes outside of existing low-income areas. Ms. Bills and Dr. Brand explained that the lot prices had to be reasonable and that there had been small developments in some communities Page 47 that were well-maintained. Residents in these areas feel they have a good neighborhood and enjoy a good quality of life. They noted a model program in Dallas where the City, and KB Homes participated with Habitat on the development. Ms. Bills explained that the SHOP funds Habitat uses for projects are Federal funds allocated to Habitat for Humanity International. The umbrella organization allocates those funds to local Habitat organizations. Mr. Touraine asked for clarification that the situation with communities like Lewisville is that the units that Habitat would normally build would not meet local codes. Dr. Brand confirmed that Habitat builds simple houses with no garages and that brick is not used. This would not meet code in some Denton County communities. LaNelle Winn asked if the families had taken care of the houses that Habitat had to repossess. Dr. Brand responded that one was in good shape but the other was not. Committee members approved a resolution supporting the CDBG program. The resolution will be sent to Congressman Burgess, Senator Hutchison and Senator Cornyn. Gary Woodard, Baltazar Mesta, Monsignor Charles King and Bill Giese presented the application from Immaculate Conception Church for funding of their Community Outreach Center. Mr. Woodard stated that the Center would provide food and clothing and other services for families in need. The Center started in 1992 as the St. Vincent de Paul House. They have eleven years of experience providing these services. Mr. Woodard stated that they would need a total of $134,000 and that the parish would provide the land. Mr. Mesta would provide management of the construction process free of charge to Immaculate Conception. They will also have volunteer labor and donations from contractors. Ms. Ross asked if they understood the labor standards and wage requirements that she explained to Ms. Garcia at application training. Mr. Mesta and Mr. Woodard stated that they understood the Federal requirements and were prepared to meet these requirements on the project. Ms. Winn asked if the project required bids from minorities. Ms. Mesta and Mr. Woodard stated that they would have minority participation on the project. Ms. Ross indicated that the Federal requirement that bids and/or quotes be obtained is an attempt to ensure that women and minority-owned businesses have an opportunity to participate. Mr. Touraine asked if the location would be a hindrance to families trying to get services. Mr. Woodard responded that the word would get out and that though the site isn't as centrally located as the previous site, it is more accessible. Mr. Dickenson asked for clarification that the food provided was just groceries, not hot meals. Mr. Woodard noted that some of the food comes from the US Department of Agriculture so they must adhere to their rules. Mr. Woodard stated that they would not provide hot meals and that they charge a small amount for the clothing. Ms. Ross asked if they had considered joining with other organizations that provide the same Page 48 service and expanding those operations rather than spending funds to build a new structure. Mr. Woodard indicated that there was a need for several food and clothing outlets. Many were open only on certain days and could only give groceries once a month in some instances. Peggy Fox asked if they coordinated with these other providers to ensure that people weren't obtaining more assistance than they needed. Bill Giese stated that they used to work with HelpNET to coordinate. He stated that there probably is some of that going on but they are unsure how to control it entirely. Mr. Giese added that he had talked to others about working together on this issue. Ron Aldridge stated that getting assistance from more than one agency is sometimes a necessity due to the limitations on assistance such as the different days that the agencies are open and the fact that some organizations only allow assistance once per month. Mr. Touraine asked if the Outreach Center would go back to the USDA for food. Mr. Woodard indicated that they probably would but would also have some non-USDA food sources to give out on an emergency basis (more than once per month). Ms. Heggins asked if this activity would be eligible for the faith-based funding. Ms. Ross explained that no additional funding was actually available under the Administration's "faith- based initiative." Communities were encouraged to support these types of organizations with the Federal funds they were already receiving. Presenters and members discussed how income information was obtained from clients. It was noted that income is not verified. Ms. Ross stated that self-certification is an approved method of income verification for CDBG. The presenters discussed other services that might be provided from the Center including tutoring, income tax help, and prescription assistance. Ms. Winn asked about ESL classes and Monsignor King stated that the school district provides these classes. Ms. Jamail asked if the location of the Outreach Center was far enough away from the school that it wouldn't be a concern that adults were coming in for services. Mr. Woodard explained that it was farther from the school than the site downtown was. There is a frame fence around the playground and that is the closest part of the school to the Center site. Ms. Ross gave a quick review of the strategies in the 2005-2009 Consolidated Plan. She asked members to read through the strategies and contact her with any questions. The committee would be asked to recommend Council approval of the strategies related to housing, public improvements, economic development and anti-poverty. The meeting was adjourned. Page 49 Official Minutes Community Development Advisory Committee February 21, 2005 Economic Development Conference Room Members Present: Ron Aldridge, Cassandra Berry, Hank Dickenson, Peggy Fox, Charlye Heggins, Maureen Jamail, Edward Touraine, and LaNelle Winn Members Absent: Sandra Benavides Staff Present: Barbara Ross Eddie Touraine called the meeting to order. Committee members reviewed the minutes from February 14, 2005. The minutes were approved as written. Ms. Ross provided members with the results of their project rankings. Mr. Touraine asked if members wanted to allocate the HOME funds first. It was noted that the Denton Affordable Housing Corporation (DAHC) would need to receive at least 15% ($87,000) of the HOME funds as Denton's only certified CHDO or those funds would go back to HUD. Members agreed to initially include $87,000 for DAHC's Affordable Housing Opportunity Program. Members then decided to start with the projects that received the highest rankings and discuss funding of those first. Barbara Ross indicated that she would set the funding for each project up either under HOME, if the project/program was eligible, or CDBG. The committee could then make changes later if they had concerns. Below is a list of each project with the committee ranking score: 1. Home Improvement Program 4.33 2. Demolition of Substandard Buildings 4.00 3. Homebuyer Assistance Program 4.00 4. Minor Repair Program 3.78 5. Cook Street Waterline Replacement 3.33 6. Eagle Drive Sidewalks 3.33 7. Habitat for Humanity Land Acquisition 3.22 8. Cook Street Repave 3.11 9. Schmitz Street Repave 3.11 10. DAHC Affordable Housing Opportunity Prog 3.11 11. Anderson Street Repave 3.00 12. Wood Street Repave 3.00 13. Smith Street Repave 3.00 14. Immaculate Conception Outreach Center 2.78 15. Mulberry Avenue Repave 2.67 16. Owsley Center Sidewalks & Parking Lot 2.33 Page 50 Committee members agreed to fund the Home Improvement, Demolition, Homebuyer Assistance and Minor Repair programs at the amounts requested. Ms. Ross split the Home Improvement Program funding between HOME and CDBG with most coming from the HOME program. All other activities were funded from CDBG. Members supported funding of the Cook Street Waterline Replacement. It was noted that since the street would likely be damaged during the installation of the waterline that the Cook Street Repaving project should also be funded. Both projects were funded under CDBG. Mr. Touraine stated that it was his understanding that Denton County Transportation Authority funding might be available to fund the Eagle Drive Sidewalk project. Ms. Ross indicated that she was unsure whether it would be available. She stated that if the committee wished to fund the sidewalks that perhaps the DCTA funding could be used for other sidewalks. Some members were still concerned that the project might not receive DCTA funding. Members agreed to include funding for the project in the CDBG recommendation. Habitat for Humanity's land acquisition request was reviewed. Members discussed that the acquisition of eight to ten lots appeared to be a significant increase in the number of homes that Habitat has built in the last couple of years. It was noted that the organization is currently without a director and that projects may move more slowly as a result. Members agreed to fund Habitat's land acquisition at $48,000 to allow for purchase of approximately six lots over the coming year. Additional HOME funds were allocated to the Denton Affordable Housing Corporation's AHOP program increasing their funding to $105,015. The balance left to allocate was $51,388 in CDBG funds. Members agreed that the Anderson Street Repave project served the most households. Though they did not have the amount requested by the Engineering Department ($90,415) they decided to ask Engineering to do some portion of the project with the available funding. Ms. Ross noted that if they had any residual funding on other capital improvement projects, they could add that to the Anderson Repave proj ect. Ron Aldridge made a motion to accept the recommendations. Charlye Heggins seconded the motion. Members voted to approve the attached recommendations. Mr. Touraine asked committee members if they wished to recommend that Council approve the housing, infrastructure and economic development strategies described in the 2005-2009 Consolidated Plan for Housing and Community Development. Hank Dickenson moved that the committee recommend adoption of the strategies. Maureen Jamail seconded the motion. The members voted to approve a recommendation to City Council that these strategies be adopted. Ms. Ross stated that she would inform members when Mr. Touraine was scheduled to present their recommendations to City Council. The meeting was adjourned. Page 51 O O O O O ^ O O O O O bl4 O O O O O O O O O O O O v'~ O CO CO v~ O ~O O r h ~ ~ O CO O ~ v'~ ~ 69 ~ O 01 01 O M N V~ 01 01 A ~ ~ 69 69 69 ~ ~ ~ ~ 69 ~ bl4 A O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O v'~ O M v'~ ~ CO v~ O~ ~O O O O O O v~ O O ~ ~ O O ~ ~ O ~ ~ ~ v'~ O O O O M 69 O 01 01 O ~ ~ M N v~ v~ M 01 O O O O ~O ~ Z 69 69 69 69 69 69 ~ 69 69 69 69 69 69 69 69 69 O W N 0 0 o ~ N x ~ A o ~ ~ x A c ~ w z w o v~ C7 cc O z Q ~ w ~ o w U z ~ ~ w ~ w ¢ a > ~ ~ ~ ~ U ~ W ~ ° W W a ~ Wa a ~4 ~ Z c7 ~ ~ DO w x ~ ~ w c ~ ~ a w PW" CIA ~ c F4 H Q w Z Q a o w L7 L7 L7 L7 L7 L7 L7 ~ Z a o 0 o z z z z z z z z o 0 0 0 o Q as ~ ~ ~ w w w w w w w H ~ OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING August 26, 2004 Members Present: Carol Bounds, Chuck McLain, James McDade, Jan Hillman, Mary Tisher, and Sonja Ball Members Absent with Notification: Betty Tomboulian, Mae Nell Benford, Jodi Vicars-Nance, and Teri Rheault Members Absent without Notification: Lilia Bynum Staff Present: Wendy Nalls, Human Services Coordinator; Barbara Ross, Community Development Administrator. The meeting was called to order at 6:40. Wendy Nalls asked members to update their contact information and submit it to the Community Development Division. Wendy Nalls introduced the new members, Charles McLain, Jan Hillman and Mary Tisher. She also introduced the other members that were present, Sonja Ball, James McDade and Carol Bounds. Ms. Nalls explained the Council decision to decrease the general fund human services budget by $99,300. She stated that staff requested HSAC be allowed to review and possibly revise their previous recommendations. Ms. Nalls reviewed the funding amounts available and the committee's original recommendations. Carol Bounds asked if Council members were going to use their contingency funds to replace some of these funds. Ms. Nalls explained how Council contingency funds could be added to an agency contract and the agency could be given additional time to expend the funds. Ms. Ross commented that she did not feel that the City Council members had significant contingency left during for the 2003-'04 fiscal year. Ms. Hillman suggested beginning with a flat 22% across the board and then adjust in some areas. Ms. Nalls showed the members a revised Human Services Budget with a flat 22% across the board decrease from the original HSAC recommendations. Mr. McDade suggested the City's PARD programs be cut more than the 22%. Ms. Nalls explained the After School Action Site program administered by the City is an overflow program for students who are not served by the school district program. Ms Bounds asked what cutting those programs in half would do for the budget. Ms. Nalls calculated the reduction. Mr. McDade noted Singing Oaks' Church of Christ program was a first time program and that this funding could be cut. Ms Ball agreed they should look at the budget with funding to Singing Oaks Church of Christ eliminated. Members discussed the recommendations sent from members who were not able to attend the meeting. Mr. McDade suggested that each of the three daycares receive an additional $6,000 above their Page 53 22% across the board reduction amount. Ms. Hillman suggested funding be put back into CASA and the Children's Advocacy Center. Ms. Tisher asked if the court appoints the advocates. Ms. Nalls stated that CASA assists with the court appointed advocate process. Ms. Bounds was unsure whether the Denton County Children's Advocacy Center needed the funding as much as some other agencies might. Members suggested that they bring CASA back to where they were in last year's budget. Ms. Tisher stated that she felt the volunteer's at RSVP should be monitored and that is what the requested funding is for. Ms. Bounds noted that their proposed allocation is over what it was last year. Ms. Bounds asked about Family Health Care. Ms. Ross reminded the committee that Family Health Care had to quit providing services last year due to lack of funding. Ms. Nalls noted they had some additional funding sources this year and would probably not run out of funds. Mr. McDade commented he would like to see some additional funding be given to Sickle Cell. Ms. Nalls commented that they had lost their location at the Phoenix Apartments. Members discussed whether the agencies requests are published. Staff indicated that they were considered public information but were not published. Members agreed to put $1,500 back into the Sickle Cell budget. Ms. Bounds asked that Family Health Care get some of their funding back. Mr. McDade suggested that they receive an additional $2,600. Ms. Hillman asked about the SIERRA program. She asked if they would be OK with that level of funding. Members agreed to leave SIERRA at the revised level of funding. Members discussed the AIDS Services nutrition program and how it works. Ms. Nalls explained the program. Ms. Ball and Ms. Bounds suggested bringing the Salvation Army back up to $15,000. Members agreed. Ms. Nalls commented that AIDS Services took out a loan and cut staff. Friends of the Family, CASA and Fred Moore are also agencies that have had recent financial problems. Friends of the Family recently lost eight employees. Ms. Nalls noted that the Salvation Army and FOF did not receive ESG funds that had previously funded a position. Denton County MHMR also received a cut in funding. Ms. Hillman suggested that the $1,600 be split between Friends of the Family and AIDS Services. Ms. Tisher indicated that FOF seems to have a lot of funding support. Ms. Ball suggested that $1,600 is really not that much if you've had to cut eight employees. Members agreed to give Friends of the Family $1,600. Ms. Bounds asked how to fight the budget cut. She asked how they could get others to speak out against the cut. Ms. Nalls stated that she had heard from some agencies and they might attend the public hearing. Ms. Bounds discussed that people in need will require more police intervention if they do not receive human services. Ms. Ball discussed the cycle that happens when human services get cut and then you have problems that require police attention. Ms. Bounds did not understand why Denton was being compared to Plano. Mr. McDade asked if they could recommend that no cuts be made. Ms. Ross indicated that the HSAC had the ability Page 54 to determine its own recommendations to Council. Ms. Tisher said that the Council depends on the decisions made by this committee. Ms. Ross commented that Council generally has agreed with the HSAC's recommendations and that they have depended on the committee. Ms. Bounds stated that she would rather be the "city with a heart." Ms. Bounds moved and Ms. Hillman seconded that the recommendations be approved. Members agreed that Mr. McDade would speak before the Council. Mr. McDade and Ms. Ball will develop a presentation and staff will assist and send it to members for their review and comments. Members discussed the next meeting to be held in October to review the applications, scoring sheets, etc. Ms. Nalls stated that she would mail out a meeting availability questionnaire to check on a date for an October meeting. Members continued to discuss the content of the presentation. The ideas mentioned were: • Our City doesn't need to do what other communities do. We are unique. • The cycle that will not be stopped without assistance to these agencies. • There will be more mentally ill persons without services. • Most people don't know what these programs are about and we need to get out the word - perhaps a television series on what these organizations do. The meeting was adjourned. Page 55 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING November 16, 2004 Members Present: James McDade, Jodi Vicars-Nance, Betty Tomboulian, Mary Tisher, Jan Hillman, Sonja Ball, and Charles McLain Members Absent with Notification: Carol Bounds, Lilia Bynum, and Teri Rheault Members Absent without Notification: Mae Nell Benford Staff Present: Wendy Nalls, Human Services Coordinator Wendy Nalls, Human Services Coordinator, called for committee nominations for Chair and Vice-Chair. James McDade was elected Chairperson and Betty Tomboulian was chairperson. Ms. Nalls provided the Human Services Advisory Committee (HSAC) with a brief update on the development of the City of Denton 2006-2011 Consolidated Plan for Housing and Community Development including a community needs assessment. The HSAC requested copies of the final consolidated plan submitted by the Community Development Division to City Council for approval. The City of Denton Human Services Advisory Committee agreed to requests proposals for programs to address areas identified as 2005-2006 Human Services Funding Target areas including: • Emergency Shelter • Basic and Emergency Needs • Transportation • Health Care • Child Care • Youth Programs • Services for Senior Citizens • Homelessness Prevention • Transitional Housing and Shelter • Mental Health Services • Services for the Disabled • Relationship Violence/Sexual Assault Services and Prevention • Child/ Elderly Abuse and Neglect Services and Prevention The HSAC decided to review and consider proposals to address significant human service needs other than the listed target areas; however, the 2005 Funding target areas will be considered funding priorities. To assist in the review of agency performance, the HSAC requested a list of how agency Page 56 expended human services funding including contingency funds and contract extensions. The Committee also requested a contact list for the HSAC be given to all members of the committee. Members discussed potential meeting dates and times and scheduled the next committee meeting for February 7, 2005 at 6:30 PM in the Economic Development Conference room on the fifth floor of the Wells-Fargo bank building at 101 South Locust. In case of schedule conflicts the alternative meeting date is on February 8, 2005 at the same time and location. The HSAC will set dates for the spring meetings at their next meeting. The HSAC was invited to attend public hearings for the 2005 action plan on how to expend Community Development Block Grant funds. The public hearings will take place at 6:30 at the MLK Jr. Recreation center in English on December 6, 2004 and in Spanish on December 13, 2004. Also the committee was invited to attend the next Denton County Homeless Coalition meeting on January 19, 2005 at 2:00 PM in Lewisville at the Christian Community Action building on Mill Street. The meeting was adjourned. Page 57 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 7, 2005 Members Present: Mary Tisher, Lilia Bynum, James McDade, Jodi Vicars-Nance, Teri Rheault, Betty Tomboulian, Jan Hillman and Charles McLain Members Absent with Notification: Sonja Ball Members Absent without Notification: Mae Nell Benford and Carol Bounds Staff Present: Wendy Nalls, Human Services Coordinator Guest Present: Barbara Atkins Wendy Nalls, human services coordinator, gave a brief update on the Denton County Homeless Management Information (HMIS), Community Needs Assessment, Human Services Strategy and Human Services Agency Performance and Funding. Sally Sollars was hired as a part -time program manger for the HMIS. The City of Denton and the Denton County United Way are in the process of compiling a report on the findings of the community needs assessment. Ms. Nalls presented a draft copy of the Human Services Strategy section of the 2006- 2011 Consolidated Plan. The committee will review the information and vote on a Human Services Strategy at the next Human Services Advisory Committee Meeting. Each committee member was given a chart indicating agencies with remaining funds, extended contracts, and the date of the last request for payment of 2003-2004 Program year funds. The minutes were approved as presented. Ms. Nalls informed the committee that two applications were turned in after the deadline. The committee discussed how to decide if late applications would be accepted. The committee asks staff to report what agencies submitted late applications, at what time the applications where submitted, and any information regarding why the applications where late. Ms. Nalls reported that Fred Moore Day Nursery School was five to ten minutes late due to the director being in a classroom and the Fairhaven Retirement Home application was about forty-five minutes late and the agency called to state it would be late due to copier problems. Both agencies had completed the applications in advance and submitted them to Ms. Nalls for technical review the week before the application submission deadline. The committee discussed the late applications submitted last year and the decision not to accept last year's late applications. After discussion the committee voted not to accept any late applications. Committee members decided to vote on the procedure for accepting late applications at the first meeting of each year and instructed staff to relay the committee's decision to agencies when the applications are released. The committee decided upon three agency hearing dates and one meeting to format funding recommendations. The agency hearings are to be ten minutes long with a short break between each hearing. The meeting was adjourned. Page 58 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 15, 2005 Members Present: Sonja Ball, Lilia Bynum, James McDade, Jodi Vicars-Nance, Teri Rheault, Betty Tomboulian, Jan Hillman and Carol Bounds Members Absent without Notification: Mary Tisher, Mae Nell Benford and Charles McLain Staff Present: Wendy Nalls, Human Services Coordinator Betty Tomboulian, Human Services Advisory Committee (HSAC) Co-Chair, began the meeting at 6:OOPM. At this time, agency hearings for 2005-2006 applications began and proceeded with each agency providing a short three-minute presentation on its program and services followed by a seven-minute question and answer period. Family Health Care Patrice Capan described the program provided by Family Health Care. Ms. Capan stated that they had recently ended their contract with a physician and added staff to work more closely with their patients. The new staff is working out very well. Dr. DeCarlo Noble is also providing some services to at-risk patients. Teri Rheault asked about the audit report concerns regarding checks and balances for the financial functions. Ms. Capan responded that they have only a few employees available to work in the financial area but believe they have solved this issue. Carol Bounds asked where the clinic was located. Ms. Capan said the clinic was now located at 525 South Loop 288, Suite A. Ms. Rheault asked how the agency would use the requested funds. Ms. Capan stated the funds would be used for prenatal care. Ms. Capan noted that Denton Regional Medical Center has been very helpful and has provided them with used furniture for the office. However, it was noted that Denton Community Hospital, when approached by Family Health Care, did not provide any assistance to the agency. Lilia Bynum asked if officials from Denton Community Hospital explained why they would not be able to assist the clinic. Ms. Capan said that they're response was that they weren't into running clinics. Ms. Rheault asked why Family Health Care didn't have more diversity on their board. Ms. Capan stated that they keep trying but people are hesitant to participate. Members discussed that the change in physician has not seemed to adversely affect the number of people served by Family Health Care. People's Clinic Tim King explained how the clinic received a large grant from the State. He noted that 95% of the patients pay less than $40 for services. Many pay only a few dollars. The People's Clinic is trying to create a health center in what has been designated as a medically underserved area. Page 59 They want to have all services available in one location. Mr. King noted that one of the major barriers was getting medications to patients. They use mail delivery programs for many prescribed medications. He stated that hiring a social worker would help them determine if patients should be in Medicaid, CHIPS or other programs. The social worker could help get the patients signed up for the appropriate programs. In the area of specialty care, they are working with local physicians to provide more care. Mr. King introduced Dr. Kessler who works with the Clinic, Jackie Jackson, a board member and Stan Morton CEO of Denton Community Hospital. Betty Tomboulian asked how many of their patients were from Denton. Mr. King indicated that almost all of them were from Denton. Wendy Nalls asked how much support the local hospitals could give them for specialty care? Mr. King responded that they need physicians who would help with discounted services under the medically underserved programs. Interfaith Ministries Condell Garden, executive director of Interfaith Ministries stated that they are requesting funds from the City to provide utility assistance to low-income families. Ms. Garden stated that City of Denton utility officials reported said that 13,000 customers had their utilities turned off due to non-payment. Interfaith helps those who are more than 30 days delinquent in their payments and gives priority to those who have children, elderly, etc in their homes. Ms. Garden explained that utility assistance helps to keep people in their homes. She added that 100% of City's funding goes to City of Denton residents. Ms. Rheault asked about a monitoring report that indicated Interfaith needed to do a better job of tracking both race and ethnicity. Ms, Garden said they are now collecting the race and ethnicity information in the proper way. Ms. Nalls asked how much assistance they received from Plus One and how much is expected next year. Ms. Garden explained how much they were expecting to receive from Plus One. Ms. Garden stated that they are also trying to get TXU energy aid for Denton residents. Jan Hillman asked how many households are assisted by the agency. Ms. Garden replied that they assist about 13,000 but that is not very many when you look at the need. Members discussed why only a few people give to Plus One. Ms. Garden stated that Interfaith helps families with a variety of services and they do cooperate with all the local agencies. Community Food Center Ed Ellis and Dorothy Van Dyck from the Community Food Center provided some information about their services. Mr. Ellis stated that the Community Food Center has been around since 1974 and yet some people don't know about them because they are so small. He stated that they are requesting funds to pay the utility bills for the Food Room so they can use their other resources to assist households with groceries. Mr. Ellis noted that they have many wonderful volunteers that help. Ms. Rheault stated that their accounting report said there was no liability insurance. She asked if they currently had liability insurance. Mr. Ellis stated that they have insurance for the board and also premise liability insurance. Ms. Van Dyck stated that they now have one Hispanic and one Black on the board. Ms. Ross asked about expanding services by working with other agencies such as Immaculate Conception. Mr. Ellis stated that they would need to change their mission in order to do other activities. Ms. Van Dyck stated that the St Vincent de Paul volunteers work at the Food Room on Fridays and that they are a great help Page 60 especially with translations. Committee Discussion Betty Tomboulian brought back the issue of late applications and whether HSAC should consider those applications for funding. Carol Bounds asked about the fact that both applications that were submitted for review prior to the application due date. It was noted that the agencies were still required to submit the final version by the due date and time and Fred Moore Child Care and Fairhaven did not. Ms. Tomboulian stated that agencies made corrections after the "review" of their application submission. Ms. Tomboulian stated that she voted against accepting the applications but now has reconsidered due to the importance of the services that those agencies provide. Ms. Tomboulian noted that the Fred Moore Day Nursery School Care Center is the only facility that provides infant care on a sliding scale in the City. Ms. Tomboulian stated that the major reason she voted against it was to be consistent with last year's process. However, she determined that it wasn't the right thing to do. Ms. Bynum added that what she is trying to look at is did the agencies attempt to follow the spirit of the rule. She felt that they did because both agencies called to say they were going to be late and gave the reason for the delay. Ms. Bynum stated that she felt the committee should look at what is best for the community as a whole. Ms. Hillman indicated that they didn't do it at the last minute based on the fact that they brought it in for review. Sonja Ball noted that it is a slippery slope if you do not follow your rules regarding submission. She added that last year the committee did not accept applications from agencies in similar situations. Ms. Bounds stated that hearts are what the committee is all about. She commented that if the committee makes this exception because our hearts says it's right someone might complain. Ms. Bounds noted that the previous year, funding was reduced for those that submitted late applications. Ms. Rheault noted that those applications were accepted as late applications and then assessed a penalty. Ms. Bounds asked James McDade what would happen if Fred Moore does not get funding. Mr. McDade indicated that he believed the agency would have to shut it doors and would no longer be able to provide childcare. He added that most of their funding comes from the United Way and the City of Denton. Mr. McDade stated that Ms. Williams did not call and explain that she would be late coming in but that when she arrived she stated that she had to help out in a classroom and that was why she was late. Ms. Ball stated that the agencies had a week as a buffer between the review and the final submission. Ms. Hillman suggested that HSAC turn in their funding recommendation to the City Council and then explain that these two were late applications and allow the City Council to take action. Other members commented that there would probably be no additional funding for Council to allocate to the two agencies. Members discussed that they would like to have the entire committee present before voting on the issue. They agreed to table the discussion to the next meeting. AIDS Services of North Texas Susan Stambaugh and Hanna McIntyre of AIDS Services stated that they serve HIV/AIDS affected households with many services. Clients can come in and meet all of their needs with AIDS Services. She stated that they are asking for funds to support the nutrition center and Page 61 funding for unreimbursed medical expenses. The medical clinic is federally funded. Unreimbursed medical funds are used for special purposes. Jodi Vicars-Nance asked how the funding would be split between the nutrition center and unreimbursed medical expenses. Ms. Stambaugh indicated that $14,000 is requested for the nutrition center and $6,000 for unreimbursed medical expenses. She noted that they get most of the food from the Tarrant County Food Bank. Members asked if AIDS Services was getting similar support from communities in the four other counties that they serve. Ms. Stambaugh stated that they do get funds from Collin and one other county but not from all of them. Ms. Tomboulian asked if the vast majority of their funding came from Federal and State sources. Ms. Stambaugh stated that most came from Ryan White. She added that if CDBG funding were cut it would be very difficult to continue to provide services. Ms. Nalls asked about the large increase in the number of diagnosed and increase in number of persons with HIV/AIDS. Ms. Stambaugh stated that HIV/AIDS is increasing in women and young people. She stated that a new strain has just been found in New York that is not reacting to any of the currently used medications. Ms. Ross asked if the increase in youth cases could be due to lack of education on this health issue in the schools. Ms. Stambaugh replied that this did appear to be one of the reasons. She explained that AIDS is discussed in schools but information about prevention is not. The reality of the situation is never really explained to the students. Denton County Friends of the Family Toni Johnson-Simpson, the new director of DCFOF provided information on the services provided by Friends of the Family. She stated that they are the sole provider of domestic violence and sexual assault assistance for adults and children. Funds provided to DCFOF will also support the SANE team that goes out with police to talk to victims. They provide 24-hour residential services. Ms. Bounds asked how they interact with the Children's Advocacy Center. Ms. Johnson-Simpson stated that if the victim is a child, they allow the Children's Advocacy Center to take the lead. DCFOF volunteers may be there to support the parents while they're waiting. Ms. Rheault indicated that they appeared to need more diversity on their board and asked what steps they are taking to remedy that situation. Ms. Johnson-Simpson stated that she has been with the organization for only 30 days but she does plan to work on the diversity of the board so that it better reflects their service population. Page 62 Cumberland Presbyterian Children's Home Dr. Amy Pape of the Cumberland staff and Craig Thomas, board member, thanked the committee for recent funding from City for human services and CDBG funds for transitional housing units. Their request is funds for counseling in support of transitional housing clients. Dr. Pape stated that Cumberland estimates an increase in their client base. This year they developed an ethnically diverse advisory board that includes two former clients. Ms. Rheault asked if the campus was now accessible. Dr. Pape indicated that they continue to work on this issue and that the campus is more accessible. She stated that the older housing is not accessible but new housing will be. Ms. Rheault complimented the organization regarding their efforts to develop an ethnically diverse advisory board. She asked about the Board of Directors. Craig Thomas, a new board member stated that Joy Wallace another new board member is African- American and is also from the Cumberland organization. He stated that they continue to work on this but noted that eight seats on the Board of Directors must be members of the Cumberland Presbyterian Church. HOPE Inc. Barbara Atkins, executive director, discussed information on HOPE's Transitional Housing Program for families with children. She stated that the City's funds act as a dollar for dollar match for the federal funds that they receive to implement the program. The funds requested from the City will also support HOPE's 30 to 90 day assistance program. Ms. Atkins noted that the transitional housing program had more intensive case management to help households overcome the barriers to retaining permanent housing. HOPE has developed cooperative partnerships with other agencies like Denton Affordable Housing Corp to better assist these households. Ms. Atkins discussed the HMIS funding request. She stated that the HMIS would be a computerized data collection system for Denton County. It would support a system that is required in order for various agencies in the community to obtain homeless funding. Ms. Atkins stated that it could affect about $2 million dollars in funding that is received in the Denton County area. There is no direct client service but the HMIS will help the agencies providing assistance in gathering data and bringing more funding into the community. She noted that the City needed about a 20% match for the $202,000, three-year HUD grant. Sally Sollars, the new HMIS administrator, will start in her new position tomorrow. The Denton County Steering Committee will be an advisory committee to HOPE, Inc. Board of Directors to get the HMIS started. Ms. Atkins commented that there is a potential for the HMIS to eventually separate itself from HOPE. Ms. Tomboulian asked if the equipment was already purchased. Ms, Atkins stated that Ms. Sollars will purchase the hardware. She added that the information system that is to be used would also be purchased with grant funds. Members agreed to ask the Salvation Army to attend a future meeting to discuss their request. The meeting was adjourned. OFFICIAL MINUTES Page 63 HUMAN SERVICE ADVISORY COMMITTEE MEETING February 22, 2005 Members Present: Sonja Ball, Lilia Bynum, James McDade, Jodi Vicars-Nance, Teri Rheault, Betty Tomboulian, Jan Hillman Carol Bounds, Mary Tisher, Mae Nell Benford and Charles McLain Members Absent: None Staff Present: Wendy Nalls, Human Services Coordinator and Barbara Ross, Community Development Administrator. James McDade, chair, called the meeting to order. He asked if there were any corrections to the minutes of February 7, 2005. The minutes were approved as written. Members reviewed the minutes from February 15, 2005. The minutes of February 15th were approved as written. Members voted to recommend acceptance of the human services strategies developed as part of the 2005-2009 Consolidated Plan to City Council. DCMHMR SIERRA Program Andreas Diosdado and Melissa Eckstein described the services offered through the SIERRA Program. The recidivism rate was discussed. Mr. Diosado stated that correctional facilities lack training regarding mental illnesses. Ms. Eckstein said that of the people they assist that more than 50% don't re-offend. Ms. Nalls asked if they have requested funds from Denton County. Ms. Eckstein said that they have not but it is on their agenda. Ms. Benford asked about the time frame in which they worked with these individuals. Ms. Eckstein stated that it was on a case-by- case basis. Retired Senior Volunteer Program Diana Corona, executive director and Pat Moore, of RSVP discussed their request for funding. They described the service organizations, hospitals, etc. that benefit from the volunteers. Carol Bounds asked about the percent of Denton volunteers that do their work in Denton. Ms. Moore and Ms. Corona said 100% of them serve Denton. Ms. Tischer asked how the program benefits seniors. Ms. Corona indicated that volunteering supports longevity. Ms. Corona responded to a question from Ms. Nalls indicated that volunteers would be learning how to assist other agencies to build capacity. Sickle Cell Disease Association Pearl Jones, executive director, described what the association would do with the City's funding. She indicated that the organization would like to serve more people during the next grant year. She noted that cases of sickle cell disease in Denton County have increased. She noted that the data indicated that sickle cell affects everyone, not just African-Americans. Members discussed the increase in sickle cell cases in Texas. It was noted that there were five new cases in Denton County in newborns in 2004. Physicians can now increase the hemoglobin count in adults to Page 64 combat the disease. Fairoaks Retirement Apartments Pat Stachelski discussed their request for a homemaker grant for approximately 40 seniors. They are able to keep up with some cleaning but not more difficult tasks. She noted that it would assist the seniors so that they can age in place. The funds would be used to hire a housekeeper for a two-week rotation. The members and Ms. Stachelski discussed the aides and how they assist the residents. It was noted that they do not do health care and often do very little for the seniors. Ms. Stachelski stated that many of the seniors would probably discontinue their aides if they had a housekeeper. Members expressed concern that the aides should be held accountable for the tasks that they should be performing for their elderly clients. Committee Discussion Members discussed the issue of whether to accept the late applications from Fairhaven and Fred Moore Day Nursery School. It was noted that applications from two agencies were not accepted last year because they were late. It was also noted that 32 organizations did get their applications in on time. Betty Tomboulian moved that the applications from the agencies be accepted for review. Mae Nell Benford seconded the motion. The vote was five to five. Wendy Nalls stated that the "affirmation of qualifications" stated that James McDade did not have a conflict of interest if there was no financial interest. Mr. McDade voted that the committee should review the applications. Ms. Bounds asked who was going to call the agencies that were not reviewed last year because they were late. Ms. Ross stated that they would receive a letter with the recommendations. Ms. Bounds preferred that they be given a call. Ms. Ross said she would contact them tomorrow. Ms. Bounds noted that a letter needed to go out to the Boards of Directors of the agencies that they must ensure that applications are submitted correctly and on time and that it is not only the responsibility of staff SPAN Erika Lissberger, executive director, described the senior meals program carried out by SPAN. She described a specific incident where a volunteer attempted to assist a client that later passed away and was found by a SPAN volunteer. Ms. Lissberger noted that sometimes the SPAN volunteers are the only people that these elderly residents come in contact with on a daily basis. Members discussed the waiting list for meals. The agency has always been able to get funding to help these households. Many of the meals are congregate meals. They have about 400 volunteers who help them deliver meals. Day Stay for Adults Andre Villarreal stated that Day Stay for Adults is the only day care center for adults in Denton County. He noted that they provide nursing care and other professional services for their clients. Mr. Villarreal provided information on three different situations involving seniors with special needs and illustrated how the agency could help in these situations. He stated that they average 19 clients per day. Medicaid patients come in every day. Private pay patients are paying $40 per day so they may only come a couple of days per week. Day Stay for Adults is licensed for 59 clients. However, Mr. Villarreal did not feel that they could serve 59 clients if all of them had Page 65 significant special needs. This is the first year of a five-year lease. Ms. Vicars-Nance asked about how many disabled and elderly they served. Mr. Villarreal stated it was about half and half. Ms. Rheault asked about how clients get to the facility. Again, it was about half public transportation and half private transportation. Mr. Villarreal noted that they have a grant to provide bus service from south of Lake Lewisville. Five people are from south of Lake Lewisville. They are looking at having a facility in the Lewisville area. He noted that they also serve clients from smaller communities in the county and some communities out of the county. They had a waiting list when they were located on Camelot. Mr. Villarreal described the quality activities and staff at Adult Day Stay for Adults. Riding Unlimited Ranjani Mohana, interim board president and Mary Gwinner, director, from Riding Unlimited stated that they are requesting scholarship funds to support the therapeutic riding program. They have been funded for several years prior to last year but were not funded last year. The City funds provide scholarship funds to assist with the program. Ms. Bounds noted that there are others that do this type of work and asked what the differences were between organizations. Ms. Gwinner stated that they are an accredited center. She reiterated that Riding Unlimited does not turn anyone away. Denton County Federation of Families Claudette Fette stated that they are asking for funding for a family partner position for children with special needs. They have obtained funding for an advocacy training program and have an office at MHMR. Ms. Fette stated that they had increased use of UNT and TWU students for mentoring kids. Ms. Fette discussed some upcoming events including the hiring of a new director who will be writing and attempting to implement the program statewide. She will be supervising and training the parent partner here in Denton. Ms. Fette noted that there would be some increase in DCMHMR funding. City funding will allow for provision of services to those who are outside the DCMHMR criteria. Group Discussion Members voted to approve the resolution of supporting the Community Development Block Grant program. CASA Sherrie Gideon, executive director, explained the work that CASA does with children who are victims of abuse and neglect. She noted that they just received funding from the Denton County Commissioners Court for a new position so that they can again serve children throughout the County. CPS caseworkers often ask CASA to assist on cases. CASA also received another grant from the national CASA association for a development audit to find out what else the agency can do to build capacity. There has been a 22% increase in cases this year. Members discussed the fund raising efforts of the organization. It was noted that they were saving Denton County money by assisting with these cases. Our Daily Bread George Gibson described the type of assistance that Our Daily Bread was looking for - food, transportation, lodging. He noted that they are the only organization in Denton that does not ask Page 66 any questions before providing someone with assistance. He stated that they get more walk-ins than any organization in the City. Mr. Gibson stated that they also refer people to organizations for help. They have families that will take in men and families for a short time period. He noted that the Dallas Morning News provided a grant last year. Mr. Gibson added that some people tell them that this is the only meal they have all day. They also provide any leftover food to the Food Room. Ms. Bounds noted that Our Daily Bread had never come to them for funding before. Ms. Nalls asked about whether the organization would help to gather demographic information about clients served. Mr. Gibson indicated that they would. The organization has volunteers from a variety of churches. Children's Advocacy Center for Denton County Dan Leal, executive director, discussed the services provided by the Advocacy Center for children who are victims of abuse. He noted that they work with several agencies including CPS, the Denton and Lewisville Police Department and others. Mr. Leal noted that they are opening a new office in the City of Denton to serve those clients. He noted that most of their clients are from Denton. The Denton satellite office is in the Hickory Street office building. Mr. Leal stated that the $12,000 request would serve the Denton clients. They continue to increase the counseling services available. The Denton office is open three days per week. He noted that it would continue to grow. Mr. Leal was unsure as to why there were more cases from Denton. He noted that there are more low-income families in Denton and that might have something to do with it. Mr. Leal stated that the Advocacy Center was recently notified that they had been awarded a $50,000 grant from the Hillcrest Foundation. The meeting was adjourned. Page 67 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING March 1, 2005 Members Present: Sonja Ball, Lilia Bynum, James McDade, Teri Rheault, Betty Tomboulian, Jan Hillman, Carol Bounds, Mary Tisher, Mae Nell Benford and Charles McLain Members Absent with Notification: Jodi Vicars-Nance Staff Present: Wendy Nalls, Human Services Coordinator and Barbara Ross, Community Development Administrator Mr. James McDade, Human Services Advisory Committee (HSAC) Chair, began the meeting at 6:OOPM. At this time, agency hearings for 2005-2006 applications began and proceeded with each agency providing a short three-minute presentation on its program and services followed by a seven-minute question and answer period. Denton Family Resource Center Fran Moore, executive director thanked everyone for the opportunity to share about the current activities of the Denton Family Resource Center. The agency is an outcome of the 1994 Vision project learning committee. A Dallas Women's foundation grant allowed the agency to hire a bilingual staff person. In addition, there is now a dedicated Spanish language voice mailbox. A new phone will allow a new line for information and referral services. The UNT library sciences masters' student will build a database to collect information from phone calls to the information and referral line. Betty Tombulian asked for clarification regarding the use of Human Services funds for the full time position. Ms. Moore stated the agency considered full time at 30 hours a month and that all full time positions received $200 dollars a month in benefits. In the future, the agency will work to try and join the Dallas Community Council plan for not for profit health benefits. Denton Christian Preschool Judy Royal, executive director and Jane Moyna, volunteer addressed some specific issues especially the continuing need for a their program. The Denton ISD statistics indicate at least 900 three or four year olds below poverty level that are not in a early childhood education program. The DISD has 220 children on the waiting list for their early education program to teach children English as a second language. The children on the waiting list are primarily Spanish speaking. The Denton Christian Preschool program addresses all areas of a child's life including parent education, nutrition, health and dental care. Carol Bounds asked if the current waiting list had a normal amount on the waiting list. Ms. Royal indicated that this was not a normal amount because of the reduction in CCMS vouchers there is a greater need for low- income childcare. Jan Hill asked if parents are required to attend the parenting classes. Ms. Royal explained that the parents are strongly encouraged to attend the classes if they do not attend the classes in the first year they may not be accepted into the program for the second year. Page 68 The agency does offer incentives to the parents to encourage attendance. Mary Tisher asked how the children learn to speak English if Spanish is primarily spoken in the home. Ms. Royal stated the preschool has bilingual teachers to help students who speak primarily Spanish at home. They usually learn English in a year and have made marked improvement by December. Teri Rheault congratulated the preschool on the great job they have done to increase diversity on their Board of Directors. Charles McLain asked how the waiting list works. Ms. Royal explained how a committee selects the children. When an opening occurs the committee tries to fill the opening with a child similar to the child who left the program including factors like the bus route, gender, and race. The child who fits the requirements and is in the most need especially children who have had referrals from other agencies is given priority. Fred Moore Day Nursery School Laura Williams, executive director thanked the committee for working them into the hearing schedule. She explained that an increased amount of human services funding is requested to help pay for an increase in teacher salaries. Reid Ferring, board member, explained that the agency is at full capacity and is the only service for low-income infant care in the City of Denton. Carol Bounds asked about the proposed $500 raise to teachers when they complete their educational program. Ms. Williams explained that the increase in human services funding would not cover the cost of the raise to the teachers but would help offset increased expenses at the center. Mr. Ferring apologized for the application being late and that the Board had past a motion that should prohibit the application from being late in the future. Denton City County Day School Carolyn Berry, executive director, explained that the school had been in operation for over 40 years and they have made a lot of changes including operating an activity center in a stand-alone gymnasium. The gymnasium will allow the school to expand the number of available childcare slots during the summer to older children for a summer care program. The funding request is for teacher salaries to offer a quality staff a livable wage and benefits. To keep quality staff they have to make more money as a teacher than they would at Walmart. They do not want to raise fees because it would not work well with the mission to offer affordable sliding scale. Carol Bounds asked if they had a waiting list. Ms. Berry explained that they have 40 on the waiting list and it fluctuates throughout the year. The list goes down in the summer and in the fall when parents are at home. Betty Tomboulian asked if parents elect not to use services in summer are they out of the schools program. Ms. Berry stated that these children would have go back on the waiting list or pay for the spot while the child was not in attendance. Carol Bounds asked if the school offered healthcare benefits to the teachers. Ms. Berry explained that the school does offer teachers healthcare benefits through a program coordinated by the Dallas Community Council. First Texas Council of Camp Fire Maria Luega explained that the agency is trying to expand into Denton. They are working with DISD and three preschools. The program concentrates on different topics each week with specific fun activities that work with the children. Watching the kids interact with the staff who are TWU work-study students is remarkable. The program gives kids a jump-start on being successful in life, including developing a good self-esteem. At the preschools the students work with only four and five year olds. They come in for only part of the afternoon and do a specific program. Most of the children they work with parents cannot afford to pay for a special Page 69 programming costs like uniform and transportation. Fairhaven Glenda Wittmis and Traci Watson, executive director, presented information regarding the aging population at Fairhaven. In order for residents to maintain their independence homemaker services are needed. The homemaker comes to Fairhaven daily but her service is offered every other week to each resident due to a rotating schedule. Carol Bounds asked if it was unusually for the home to have vacancies. They explained that this was unusual but their had been a high rate of attrition due death and deteriorations in health and independent living skills. In addition some rooms remained empty to accommodate the renovation of the facility. Mary Tisher asked about the screening process used for the housekeeper. The committee was informed that the current housekeeper had been at Fairhaven for several years. The individuals put on the list for Homemaker services chose the day and time for their room to be cleaned. Carol Bounds inquired about the limited racial diversity amount the Fairhaven residents. Ms. Watson explained that the Retirement Home seems to attract a high number of Caucasian females and there is limited interest in the Home by males and women of other of racial and ethnic backgrounds. Mae Nell Benford inquired about the current marketing strategies. Ms. Watson explained the Home has recently undertaken a new marketing strategy including hiring The Crouch Group for marketing and are signing up on websites like "A Place for Mom" as well as designing homepage for the Fairhaven Retirement Home. Fairhaven now has a proactive approach to marketing and attracting new residents to the facility. Girl Scouts- Cross Timbers Council Michele Garcia, development director, provided information on the Chances Outreach Program. The program is designed to help girls learn the necessary skills to safely stay at home without adult supervision. Currently the Chances sessions last six to eight weeks. The requested funding is to extend the session to sixteen weeks. James McDade asked if the program was offered throughout Denton. The program is available in various places in the City but it is not in every school due to the limited number of paid part-time leaders and volunteer workers. The program is also offered at some of the after school programs including the programs at the Owsley Community School and the MLK Recreation Center. Sonja Ball asked how often the program is offered at the sites. Ms. Garcia explained that the Chances program is scheduled for every other week. Teri Rheault asked what expenses the requested funds would cover. The funds would be used to buy materials and to cover a portion of the salary costs. Some of the materials to be purchased would be a t-shirt, Girl Scout membership fees, and other program materials. Carol Bounds asked who were the collaborating organizations for the Chances program. Ms. Garcia provided the names of the different centers that work with the program. The girls served by the Chances program are ages 5-17 and all information provided is age appropriate. Second and third grade girls are the largest group; activities include things like managing money. City of Denton ASAS Kathy Schaeffer presented information on the ASAS program including all of the changes that have occurred in the last year. Now the ASA picks up children from twelve different schools and transports them to a recreation center for the program. The ASAS program has twelve kids on scholarship and eleven kids on a waiting list to receive a scholarship. The program includes a sports league, tutoring, arts and crafts. Carol Bounds asked why other agencies ask for funds to Page 70 support programs to be provided at an ASAS program. Ms. Schaeffer explained how the other programs were run by independent agencies that offered the programs and services to the ASAS program participants. Some ASAS participants are referred from the school district that could not be accepted in the DISD Extended Day Program. Mae Nell Beneford asked if the ASAS could held at one Recreation center. Ms. Schaeffer did not believe the City had adequate facilities to handle that number of children and this would create problems for parents to pick up children. Committee Discussion on ASAS HSAC expressed confusion about structure of the ASAS program and concern over the apparent the lack of coordination among programs. Committee members indicated that a large number of agencies stated programs were offered at the MKL Recreation Center but they do not seem to be visible to visitors to the center. Members expressed concern over the limited types of activities offered during the ASAS program participants. City of Denton Kings Kids Day Kamp Robbie Johnson and Albert Montero, center director, explained the services offered to about 80 children in the southeast Denton neighborhood between the ages six to twelve each summer. Teri Rheault asked if requested funding was to cover all of the program costs. Ms. Johnson explained that program participant fees would cover some other program costs. Ms. Rheault asked if the Kamp had sought funding from other sources. The program staff had not sought any addition program funds beyond Human Services funding and participate fees. Staff explained that the Kamp did not apply to the Parks Foundation because summer programs were not a priority for the parks foundation to fund. Mr. Montero indicated that the Parks and Recreation Department would not provide support for the Kings Kids Day Kamp or other summer and after school programs. If other resources did not provide funding the programs would be dissolved. James McDade asked if the Kings Kids Day Kamp could combine with the Owsley Summer Playground for one program. Mr. Montero explained that a combined program was possible but not ideal since the programs operate under two different models and serve different populations and neighborhoods. Ms. Johnson and Mr. Montero indicated that they will start to try and write grants in the future to secure other sources of funding for the Kings Kids Day Kamp. Jan Hill asked if a grant writer was available to assist them to find additional funding sources. Mr. Montero stated that the PARD had been forced to cut this position in past years as a budget savings. Betty Tomboulian asked why the PARD does not build scholarships into the department budget from the City. Ms. Tomboulian stated that she did not feel the PARD had ownership over the afterschool and summer programs. The committee stated they would like to provide funding in a manner that would give "the best bang for buck" in order to accomplish this PARD needed to coordination between the programs especially for purchasing items like craft supplies. In addition, the committee stated they were concerned about the lack of coordination between the programs operated by the PARD. Mr. Montero indicated that PARD staff was open we suggestions but did coordinate some services. City of Denton- Owsley Summer Pla ryg ound Cirilo Pedroza, Denia Recreation Center Director, thanked the HSAC for past support of the Owsley Summer Playground. Mr. Pedroza explained that program staff was working on how the program would operate this summer with the cut in funding. Mr. Pedroza stated the program Page 71 will hire a recreation playground leader and others to assist with the children but the number of children served and number of staff hired will be reduced. The program did seek additional funding from a Seven-Eleven grant for summer playground program expenses. James McDade asked why the Summer Playground was asking for funds to serve the same children as the Owsley Community School. Mr. Pedroza explained the programs were started to service the children at different times during the day. The Summer Playground served children during the day in the summer and the Community School served children in the afternoon to evening. Teri Rheault stated that the programs reliance on CDBG funds put it at risk not to have any funding in the upcoming year. Mr. Pedroza explained that the various programs in the Owsley area were started by a coalition to reduce crime and that he would hate to see a high crime rate return to the area due to funding cuts to human services programs. Betty Tomboulian indicated that over half the agencies that appeared before the committee for hearings that evening were for programs at one of three recreation centers. The HSAC would like to know why the City of Denton does not build into its programs scholarships for low-income children participating in PARD programs. Ms. Tomboulian stated that she understood the City of Denton is cutting programs to reduce expenditures. The HSAC would like for community coalition to be organized to help serve the children who are hurt by current funding and program situation. Mr. Pedroza indicated that the current situation was the same as was ten years ago when a coalition had to be formed to assist the Owsley Neighborhood and PARD became an entity to help seek funds. Communities in Schools of North Texas Gary Hendersen, Executive Director; Melanie Barry, Development Director; and Brian McCauley, Program Director, explained that this was the third year that they had applied for human services funding and had not yet received an award. This year the program requested funds for services at Denton High School rather than at Tomas Riveria Elementary School. The children from the Owsley neighborhood attended Denton High School. CISNT requests support for the program in order to secure other funding opportunities in the future. Carol Bounds asked why CISNT chose to go to Denton High School. Mr. Hendersen indicated that the DISD makes suggestions on where CISNT services are needed. CISNT feels that at the high school level the agency can reach a higher concentration of students in need. Ms. Barry has worked DISD to try and create intervention and prevention programs and stated that CISNT is looking at the funding options for the three high schools. The statistics and needs are overwhelming. Carol Bounds asked if the school counselors send referrals to CISNT. Mr. McCauley indicated that is one of the ways a student can enter the program but that various types of referrals including staff, students, and self for program enrollment. The process to request services is fairly easy and CISNT does not refuse services to the children. Betty Tombulian stated she was impressed with CISNT financial partners. She suggested and hoped that when CISNT wrote grants that they included services for all children and better coordination of programs. Mr. Hendersen indicated that the agency was moving in that direction and has started working with UNT especially with Page 72 Stan Ingman and with Newton Razor Elementary. Mr. Henderson requested support from the City of Denton because it was a good housekeeping seal of approval to help leverage other funds to continue the program. The Denton Corps of The Salvation Army Captain Glenn Queener thanked the committee for allowing them to reschedule their agency hearing due to an emergency. Captain Queener stated that The Salvation Army was requesting funds to provide a portion of the salary for transitional shelter coordinator and intake person. The Salvation Army appreciate the funding in the past, but needs additional funding this year due to reduction in Emergency Food and Shelter Grant funds and loss of Emergency Shelter Grant Program funds. Captain Queener stated that The Salvation Army could make an award of $15,000 work but that an award of $25,000 is needed to make the program to work at its optimum level. Captain Queener stated that in January the transitional shelter program had six persons successfully graduating from the program. In addition since last year The Salvation Army had hired another person to handle the transitional shelter program. Owsley Communi . School Greg Hedges, executive director, and Daryl Ramsey, board member, thanked the HSAC for the opportunity to come and appear for the agency hearing. They explained that the Owsley Community School was a nonprofit organization for the west side of town. The Agency had grown and cut crime in the area through its programming. The Owsley Community School was asking for continued support of the afterschool program and adult education services. The agency was in the process of getting a new building and hoped that by the first of the summer the new building would be available to double the useable program space to better serve the community. The additional space would allow multiple activities to occur in the building at the same time. For the adults programs, the additional space will provide an opportunity to serve the different language abilities of students. All the programs are offered free to the community. Meeting Adjourned at 9:15 PM Page 73 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING March 8, 2005 Members Present: Lilia Bynum, James McDade, Teri Rheault, Betty Tomboulian, Jan Hillman, Carol Bounds, Mae Nell Benford and Charles McLain Members Absent with Notification: Jodi Vicars-Nance, Sonja Ball, and Mary Tisher Staff Present: Wendy Nalls, Human Services Coordinator and Barbara Ross, Community Development Administrator James McDade called the meeting to order. Wendy Nalls explained the scoring sheet results. She noted that the target budget of $345,509 included 15% of the City's 2005 CDBG allocation and the general fund budget amount from last year. Carol Bounds began by discussing the importance of health care in the community and discussed cutting some agencies to provide funding for the People's Clinic. Members agreed to start at the top and discuss each agency individually to determine a funding level. Some of the discussion points are as follows: • Members discussed the services of CASA and the Denton County Advocacy Center and whether or not they served the elderly. • Concern was voiced regarding why the Parks Department does not request funds from the Parks Foundation for the summer playground and after school scholarship programs. It was noted however, that these programs met an important need in the low-income community. • It was stated that perhaps Communities in Schools should receive a small amount just to show the City's support. Ms. Ross reminded the committee that staff has limitations on the number of agencies that can be adequately monitored and that a $1,000 award requires the same type of documentation and monitoring as a $10,000 award. Members asked how many agencies staff could handle. Ms. Ross and Ms. Nalls agreed that 25 agencies would be the maximum. • It was noted that Cumberland Presbyterian Children's Home had received $350,000 for construction of two duplex units for their transitional housing program. Denton County City Day School received approximately $80,000 for their parking lot, sidewalk and electric upgrade. • Members discussed the differences in services provided by Denton Christian Preschool and Denton City County Day School. It was noted that DCP served more children and yet had a lower budget. Ms. Nalls explained that DCP was a'/z day program while DCCDS was a full day with breakfast, lunch and two snacks provided. • A comment was made that the Denton County Federation of Families has already done quite a bit to support the families of children with serious behavioral problems. • Members agreed that food and shelter were more important than housekeeping based on their Page 74 discussion of the requests from Fairhaven and Fairoaks. Members also commented that Fairoaks had aides who were not truly assisting the clients. • Members agreed that they appreciated the efforts of Our Daily Bread but did not feel that they could provide funding. • Members discussed the Owsley programs and decided that there were other ESL opportunities available in the community. They agreed that the after school programming was the priority. • It was noted that Fred Moore Child Care's application was late. They received a $50,000 Meadows grant to "catch up" on their finances and had received a larger allocation from the United Way for the coming year. It was suggested that they be allocated $25,000. Members discussed the fact that their proposed general fund budget was more than last's years budget. Ms. Ross indicated that it was likely they would be asked to reduce their recommendation. She added that even if their recommendation came in at last year's amount, they might have been asked to reduce it. Members agreed that they felt these recommendations would help meet some important community needs and they did not want to reduce them before they spoke with City Council. Members agreed to accept the attached recommendations. James McDade asked Carol Bounds if she would present the recommendations to City Council. Ms. Bounds agreed to present. The meeting was adjourned. Page 75 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING April 21, 2005 Members Present: Lilia Bynum, Jan Hillman, Charles McLain, James McDade, and Mary Tisher Members Absent with Notification: Teri Rheault, Betty Tomboulian, Jodi Vicars-Nance, Sonja Ball, Carol Bounds, and Mae Nell Benford Staff Present: Wendy Nalls, Human Services Coordinator and Barbara Ross, Community Development Administrator James McDade, Chair, called the meeting to order at 6:35 pm with five members present. Ms. Ross stated that Council had directed staff to reduce the general fund human services budget from the committee's original recommendation of $246,958 to $100,000. Members agreed that the cuts should be spread among all agencies regardless of the funding source. Members reviewed both general fund and CDBG recommendations. Mr. McDade suggested that the committee start at the top of the list and discuss each agency's recommended allocation and whether a funding cut was appropriate. While considering potential cuts, members discussed the following issues: • Mr. McLain stated that agencies providing health care and other life saving services should receive a priority. • Ms. Bynum noted that a recent survey indicated that health care was a priority in the community. • Members reviewed information on the services offered by Family Health Care vs. the new People's Clinic and determined that the agencies were not duplicating services. • Staff noted that the Homeless Management Information System (HMIS) for which HOPE, Inc was requesting funds was a function HOPE, Inc took on to ensure that the area could continue to receive hundreds of thousands of dollars in State and Federal funds to provide assistance to the homeless and the potentially homeless. No other agency volunteered to take on the task of operating the HMIS. Matching funds were required for a $202,000 grant that the City of Denton recently received to implement a local Homeless Management Information System. • Members agreed not to recommend funding for two of the agencies that had not been previously funded - Communities in Schools and Denton County Federation of Families. • Members agreed that each of the three day care facilities for children should be funded at the same amount. • Members agreed to allow staff to determine which agencies would be funded through the CDBG program. Attached are the revised committee recommendations. Each member present voted to approve Page 76 the revised recommendations and the minutes from the March 1, 2005 and March 8, 2005 Human Services Advisory Committee meetings. Mr. McDade directed staff to request approval from each of the members that were not present. Wendy Nalls responded that staff would send the information out and obtain responses from the other committee members. Ms. Ross informed committee members that the revised Action Plan would include the new recommendations and would be on the Council agenda for the May 24 meeting. She added that though the general funds recommendations were not up for approval, Council might make some comments regarding the recommendations at that time. The meeting was adjourned at 7:30 pm. Page 77 Human Services Advisory Committee Revised 2005-2006 Human Services Funding Recommendations 2005 - 2006 2005 - 2006 Revised 2005-2006 Revised 2005-2006 Agency Original Recommendation General Fund Revised Recommendation CDBG AIDS Services of North Texas $6,500 $6,500 $0 $6,500 Campfire $0 $0 $0 $0 CASA $8,000 $5,000 $5,000 $0 Children's Advocacy Center $12,000 $6,000 $6,000 $0 City of Denton - Owsley Summer Playground $10,500 $0 $0 $0 City of Denton- After School Action Site/TRAC $8,000 $0 $0 $0 City of Denton -King's Kids Day Kamp $10,500 $0 $0 $0 Communities in Schools $5,000 $0 $0 $0 Community Food Center $2,000 $842 $842 $0 Cumberland Children's Home $0 $0 $0 $0 Day Stay For Adults $12,000 $10,000 $0 $10,000 Denton Christian Preschool $30,000 $22,000 $3,658 $18,342 Denton City-Co. Day School $30,000 $22,000 $0 $22,000 Denton Co. Federation of Families $10,000 $0 $0 $0 Denton Co. Friends of the Family $28,000 $20,000 $0 $20,000 Denton Count MHMR SIERRA $7,000 $5,000 $0 $5,000 Denton Family Resource Center $7,800 $5,000 $5,000 $0 Fairhaven Retirement Home $0 $0 $0 $0 Fairoaks Retirement Home $0 $0 $0 $0 Family Health Care, Inc. $25,000 $20,000 $0 $20,000 Fred Moore Day Nursery $25,000 $22,000 $22,000 $0 Girl Scouts Cross Timbers Council $0 $0 $0 $0 HelpNET $0 $0 $0 $0 Hope, Inc - HMIS $18,000 $18,000 $18,000 $0 HOPE, Inc. $25,000 $20,000 $0 $20,000 Interfaith Ministries $14,000 $7,000 $7,000 $0 Our Daily Bread $0 $0 $0 $0 Owsley Comm. School - Adult Educ. $0 $0 $0 $0 Owsley Comm. School - After School $13,000 $10,000 $10,000 $0 People's Clinic $25,000 $15,000 $15,000 $0 Riding Unlimited $0 $0 $0 $0 RSVP $10,000 $5,000 $5,000 $0 Salvation Army $20,000 $5,000 $0 $5,000 Sickle Cell Disease Association $6,500 $2,500 $2,500 $0 SPAN $25,000 $20,000 $0 $20,000 Annual Totals without Discretionary Funding $ 393,800 $246,842 $100,000 $146,842 AGENDA INFORMATION SHEET AGENDA DATE: May 24, 2005 DEPARTMENT: Police ACM: Jon Fortune, Assistant City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton, Texas amending the provisions of Chapter 21 by creating Article III relating to graffiti; providing for a severability clause; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. BACKGROUND: Graffiti serves to significantly detract from the appearance of an area and, if left unabated, generally results in the proliferation of more graffiti at that location. The Police Department, in a cooperative effort with other City departments, has expended considerable effort in both the investigation of graffiti, the subsequent arrests of graffiti suspects, and the abatement of graffiti on public property. The Department has been less successful in its efforts to encourage owners to abate graffiti on private property even when offered assistance, including funding, to perform such abatement. Citizens generally believe that the cost of abatement efforts, both in time and money, is wasted because graffiti will only return. However, studies have shown that, on average, graffiti that is abated within three days of its appearance on three consecutive incidents will not return. This ordinance is an attempt to more effectively address graffiti by requiring property owners to abate graffiti, to more effectively eliminate the opportunity for individuals to engage in graffiti activities, and to hold those responsible for graffiti more accountable for their actions. The primary features of this ordinance are detailed below. 1. The ordinance requires owners to abate graffiti on their property. If the owner fails to abate the graffiti within fourteen (14) days of notification, the City is authorized to enter the property and abate the graffiti. The owner is responsible for the abatement costs. 2. The ordinance provides for a civil penalty for any person who applies or creates graffiti. The civil penalty may also be applied to parents, guardians or persons authorized to exercise control over a minor when the minor, by insufficient control of that person, applies graffiti. 3. The ordinance prohibits the possession of graffiti implements by a minor unless they are at their residence; it is part of an organized event sponsored by a school, church or some other officially recognized entity and supervised by an adult; or it 1 occurs during the course of their employment and they are supervised by their employer. 4. The ordinance prohibits the possession of graffiti implements while in or upon any public facility, transportation vehicle, park, playground, swimming pool, recreation facility, or other public building or structure owned or operated by the city or while within fifty (50) feet from an underpass bridge abutment, storm drain, or similar type of infrastructure, unless authorized by the city. The Police Department will continue to coordinate abatement activities on City property with the appropriate departments. If notified of graffiti on their property, owners can request assistance in abating the violation. The Police Department will evaluate their request and assist whenever possible. OPTIONS 1. The City Council can approve the proposed ordinance. 2. The City Council can choose not to approve the proposed ordinance. RECOMMENDATION Staff recommends approval of the ordinance. PRIOR ACTION/REVIEW: This ordinance has been reviewed by the Legal Department and approved as to form and content. The City Council reviewed a draft of the ordinance at a work session on October 13, 2004 and directed staff to finalize the ordinance for adoption. FISCAL IMPACT: Any fiscal impact will be dependent on the number of cases filed and the amount of civil penalties imposed and there is no data available to estimate that revenue at this time. Section 21-56 provides for civil penalties collected to be placed in reserve for use in city- initiated abatement actions. Respectfully submitted, '(G" 17- Charles Wiley Chief of Police Prepared by: Lt. Scott Fletcher Operations Bureau 2 S:\0.,D....is\P.1ice\O,di..nce\05\OraffitiO,d.man 2.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS OF CHAPTER 21 BY CREATING ARTICLE III RELATING TO GRAFFITI; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Chapter 21 of the Code of Ordinances of the City ("Offenses") be and the same is hereby amended by creating Article III relating to Graffiti: SECTION 21- OFFENSES ARTICLE III. GRAFFITI Sec. 21-50 Definitions The following words, terms, and phrases, when used in this article shall have the meaning ascribed to them in this section, unless the context of their usage clearly indicates a different meaning: Designee(s). City employee or employees designated by the city manager to perform activities related to notification and abatement of graffiti. Graffiti. Visual blight or any unauthorized form of painting, scratching, writing, or inscription including initials, slogans, symbols or drawings, regardless of the content or nature of the material that has been applied to any wall, building, fence, window, sign or other structure or surface and is visible from any public property or right-of-way or is visible from the private property of another person. "Graffiti" does not include any of the foregoing used for advertising purposes placed on any property in compliance with any applicable city ordinance, state or federal law. Graffiti implement. An aerosol paint container, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or man- made surface. Minor. Any person under seventeen (17) years of age. Owner. Any owner of record or other person who has contractual responsibility for the property. Parent. A person who is a natural parent or adoptive parent of a minor. As used herein, "parent" shall also include a court-appointed guardian or other person twenty-one (21) years of age or S:\O.,D....is\P.1ice\O,di..nce\05\OraffitiO,d.man 2.doc older, authorized by the parent, by a court order, or by the court appointed guardian to have the care and custody of the minor. Unauthorized. Means without the consent of the owner or without authority of law, regulation or ordinance. Unless the owner proves otherwise, lack of consent will be presumed under circumstances tending to show (1) the absence of evidence of specific authorization by the owner, (2) that the visual blight is inconsistent with the design and the use of the subject property, or (3) that the person causing the visual blight was unknown to the owner. Sec. 21-51. Declaration of public nuisance. Graffiti is declared to be a public nuisance. Whenever the existence of graffiti on any property within the city shall come to the attention of a designee, the designee shall cause a written notice as provided in this article identifying the graffiti and direct its removal to the owner of the property. In addition to the penalty provided in this division, the city shall have all remedies available at law and equity to abate such nuisance. Sec. 21-52. Sale of pressurized paint containers to minors prohibited. It is unlawful for any person to knowingly sell, exchange, give, loan, or cause or permit to be sold, exchanged, given, or loaned, any pressurized devices containing paint or marker to any minor person. Sec. 21-53. Possession by minors. (A) It is unlawful for any minor to possess any graffiti implements. (B) It shall be an affirmative defense to a violation of this section that at the time of possession: (1) The minor was accompanied or supervised by a parent, guardian, or teacher in connection with a bona fide school project; or a supervisor during the minor's regular employment; (2) The minor possessed the graffiti implement on the property on which he or she lives. (3) The possession occurred as part of an organized event sponsored by a school, church or some other officially recognized entity and supervised by an adult representative of the organization; or (4) The possession occurred during employment while the minor was supervised by his or her employer. Page 2 of 8 S:\0.,D....is\P.1ice\O,di..nce\05\OraffitiO,d.man 2.doc Sec. 21-54. Other Prohibited Acts. (A) Defacement. It shall be unlawful for any person to apply graffiti to any natural or manmade surface of any city-owned property or without the permission of the owner or occupant on any non-city owned property. (B) Possession of graffiti implements. It shall be unlawful for any person: To possess any graffiti implement while in or upon any public facility, transportation vehicle, park, playground, swimming pool, recreation facility, or other public building or structure owned or operated by the city or while in or within 50 feet from an underpass bridge abutment, storm drain, or similar type of infrastructure, unless authorized by the city. Sec. 21-55. Owner responsibility. (A) An owner of property commits an offense if, after notification by the city, the owner fails to paint over or remove all graffiti from the owner's property that is visible from any public property or right-of-way or from any private property other than the property on which the graffiti exists. (B) Before issuing a citation for a violation under subsection (A) of this section, the designee shall serve the property owner with written notice to remove the graffiti within fourteen (14) calendar days from the date the notice was served. The notice shall contain: (1) The date and nature of the violation; (2) Physical location of the violation by street address, lot and block number; (3) Name of owner; and (4) If the condition is not corrected within fourteen (14) days of receipt of such notice or the owner fails to file an appeal within fourteen (14) days of receipt of notice to the designee, the city may, without further notice, enter upon the property by its agent or its contractors, remove the graffiti and charge the costs incurred to the owner. If the graffiti is removed by the city, the cost may be charged to the property owner and a lien may be filed against the property. (C) The notice may be served by personal delivery, or by United States certified mail, return receipt requested to the owner at the owner's post office address as shown on the tax rolls. If the owner cannot be found or the notice is returned by the United States Postal Service as undeliverable, then the owner may be notified by: Page 3 of 8 S:\O.,D....is\P.1ice\O,di..nce\05\OraffitiO,d.man 2.doc (1) Publication at least twice within ten (10) consecutive days; (2) Posting notice of the violation on or near the front door of each building on the property in violation; or (3) If the property contains no buildings, posting the notice of a violation on a placard attached to a stake driven into the ground on the property. (D) The owner of the property subject to abatement under this article may appeal the decision of the designee by requesting a hearing by notifying, in writing, the designee within fourteen (14) days following the receipt of the notice. The hearing shall be conducted by the designee for the purpose of determining whether the conditions constitute a public nuisance under the provisions of this article. The owner shall be provided written notice of the time and place of the hearing at least ten (10) days prior thereto. At the hearing, the owner and the designee may present evidence relevant to the proceeding. The designee's decision shall be final. (E) If the owner fails to timely abate the graffiti or request a hearing, or if it is determined at the hearing that the graffiti constitutes a nuisance, the designee will assess expenses, and place a lien on the property. (F) Prior to the filing of a lien, the designee shall mail the owner an invoice for the costs of removal. In the event the invoice is not paid within thirty (30) days, a lien shall be filed on the property. (G) An owner maintains a public nuisance if he fails to remove graffiti or refuses to allow graffiti to be removed from his property after having been notified by the city or in the event of appeal, upon order by the designee. Sec. 21-56. Imposition of civil penalty for applying, permitting, or allowing graffiti. (A) The City Council finds and determines that graffiti applied to any natural or man- made surface on public or private property creates an objectionable, or unsightly condition that damages the surrounding homes and businesses in the community. (B) Any person who applies or creates graffiti, or any parent who knowingly permits or by insufficient control allows their minor child to apply graffiti to any natural or man-made surface or any public property is liable for a civil penalty. (C) The civil penalty for which the person or parent is liable is the fees and cost incurred for removing the graffiti, plus a $125 fine for the first removal, provided that for a third or subsequent offense in any 12-month period, the amount of the penalty fine shall be a minimum of $200 but will not exceed $500. Page 4 of 8 S:\O.,D....is\POlice\O,di..nce\05\OraffitiO,d.man 2.doc (D) The civil penalties collected will be placed in reserve or used exclusively in city initiated abatement proceedings. (E) Civil Enforcement; procedures. (1) The designee is responsible for the enforcement and administration of this article. (2) In order to impose a civil penalty under this section of the article, the designee shall send a notice of violation to the person or parent liable for the civil penalty not later than the 30t` day after the date the graffiti is alleged to have been removed. A notice issued under this section of this article shall be sent to: (a) the last known address of the person or parent of the accused minor; or (b) hand-delivered in person to the person or parent of the accused minor alleged to be responsible for the civil penalty. (3) A notice of violation issued under this article shall contain the following: (a) a description of the violation alleged; (b) the location where the violation occurred; (c) the date and time of the violation or when the violation was discovered; (d) the name and address of the owner of the property involved in the violation; (e) a copy of a recorded image of the graffiti involved in the violation; (f) the amount of the civil penalty to be imposed for the violation, including the fees and costs for removal of the graffiti; (g) the date by which the civil penalty must be paid; (h) a statement that a recorded image is evidence in a proceeding for the imposition of a civil penalty; (i) information that informs the person or parent named in the notice of violation: Page 5 of 8 S:\O.,D....is\POlice\O,di..nce\05\OraffitiO,d.man 2.doc (i) of the person's or parent's right to contest the imposition of the civil penalty against the person in an administrative adjudication; (ii) of the manner and time in which imposition of the civil penalty may be contested; (iii) that failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability and that failure to appear at an administrative adjudication hearing after having requested a hearing is an admission of liability; and (iv) that failure to pay the civil penalty within the time allowed shall result in the imposition of a late-payment fee of $50. (4) A notice of violation under this article is presumed to have been received either on the fifth day after the date the notice of violation is mailed or on the date personal delivery is made to the person or parent of the accused minor alleged to be responsible for the civil penalty. (5) In lieu of issuing a notice of violation, the Department may mail a warning notice to the owner that, in addition to any other information contained in the warning notice, must contain the information required by subsection (C). (F) Administrative adjudication hearing. (1) A person who receives a notice of violation under this article may contest the imposition of the civil penalty by requesting in writing an administrative adjudication of the civil penalty within the time provided in the notice (which period shall not be less than 14 days following the mailing of the notice). Upon receipt of the request, the Director shall notify the person of the date and time of the hearing on the administrative adjudication. The administrative adjudication hearing shall be held before one or more hearing officers appointed by the City Manager. (2) Failure to pay a civil penalty or to contest liability in a timely manner is an admission of liability in the full amount of the civil penalty assessed in the notice of violation and constitutes a waiver of the right to appeal under Section 21-56(F)(8). (3) Failure to appear at an administrative adjudication hearing after having requested a hearing is an admission of liability for the full amount of the Page 6 of 8 S:\O.,D....is\POlice\O,di..nce\05\OraffitiO,d.man 2.doc civil penalty assessed in the notice of violation and constitutes a waiver of the right to appeal under Section 21-56(F)(8). (4) A person or parent who fails to pay a civil penalty within the time allowed by this article shall be additionally liable for a late-payment penalty in the amount of $50. (5) The civil penalty shall not be assessed if after a hearing, the hearing officer(s) enter(s) a finding of no liability. (6) A person or parent who is found liable after an administrative adjudication hearing or who requests an administrative adjudication hearing and thereafter fails to appear at the time and place of the hearing is liable for administrative haring costs in the amount of $50 in addition to the amount of the civil penalty assessed for the violation. A person or parent who is found liable for a civil penalty after an administrative adjudication hearing shall pay the civil penalty and costs within ten days of the hearing. (7) In an administrative adjudication hearing, the issues must be proven at the hearing by a preponderance of the evidence. (8) A person or parent who is found liable after an administrative adjudication hearing may appeal that finding of liability to the Municipal Court by filing a notice of appeal with the clerk of the Municipal Court. The notice of appeal must be filed not later than the 31St day after the date on which the administrative adjudication hearing officer entered the finding of liability and shall be accompanied by the payment of an appellate filing fee of $50. Unless the person, on or before the filing of the notice of appeal, posts a bond in the amount of the civil penalty and any late fees, an appeal does not stay the enforcement of the civil penalty. An appeal shall be determined by the Municipal Court by trial de novo. Any affidavits submitted under Section 21-56(F)(8) shall be admitted by the municipal judge in the trial de novo, and the issues must be proven by a preponderance of the evidence. (G) Effect of liability; exclusion of civil remedy; enforcement. (1) The imposition of a civil penalty under this section is not a conviction and may not be considered a conviction for any purpose. (2) The City Attorney is authorized to file suit to enforce collection of a civil penalty assessed under this article. SECTION 2. That if any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by Page 7 of 8 S:\OOCD....is\POlice\O,di..nce\05\OraffitiO,d.man 2.doc any court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 3. That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 4. That any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per day. Each day that a provision of this ordinance is violated shall constitute a separate offense. SECTION 5. This ordinance providing for a penalty shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 12005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: Page 8 of 8 AGENDA INFORMATION SHEET AGENDA DATE: May 24, 2005 DEPARTMENT: Police ACM: Jon Fortune, Assistant City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton, Texas amending the provisions of Chapter 20 by creating Article IV entitled "Environmental Nuisances"; providing for a severability clause; providing a repealer clause; providing for a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. BACKGROUND: On November 16, 2004, staff presented a matrix of Code Enforcement issues to Council at a work session meeting for discussion and further direction. One of the items discussed during that work session was stagnant water and the current lack of authority to address stagnant water and the related public health and safety issues. Council was provided with a draft ordinance that would provide sufficient authority to address the issues. Council directed staff to bring the ordinance back to Council for consideration once completed. The ordinance requires people who own, lease, or occupy real property in the City of Denton to maintain their property so that it doesn't allow the accumulation or ponding of standing, stagnant or non-maintained water for more than a 48-hour period under normal rain conditions. Accumulations like these can be a source for harboring and breeding of mosquitoes, flies, or other pests. They can also be the cause of foul odors and can adversely impact the public health and safety. Where conditions exist on property that allows for such an accumulation of standing or stagnant water, the ordinance requires the people who own, lease, or occupy the property to make changes to the actual property to prevent the accumulation of water, or to treat the affected area with material that will eliminate odors, make it safe to the public, and prevent mosquitoes and other pests from breeding there. In addition to the concerns with standing and stagnant water on real property, staff receives citizen complaints regarding other items capable of collecting water, such as birdbaths, fountains, reflecting pools or ponds, private and semi-private swimming pools, that are not maintained and serve to harbor or be the breeding ground for the above named pests or create an odor nuisance. Currently, staff is limited in how they can respond to these complaints. This ordinance would provide staff with a means to address these types of citizen complaints by requiring owners to maintain these types of items in a manner that is safe for surrounding neighbors. Where a violation of this ordinance is found, the same procedure used for other code violations will be followed. A notice of the violation will be provided to the registered owner of the property and to any person that may be currently occupying the premise, if applicable. The notice will provide the owner and/or occupant with seven (7) days to correct the violation. A re-inspection of the property will occur on the seventh day to ensure the violation has been corrected. If the violation still exists at the re-inspection, enforcement action can be taken against the owner. OPTIONS: 1. Council can adopt the ordinance as written. 2. Council can direct staff to make revisions or amend the ordinance and present it for future consideration. 3. Council can reject the proposed ordinance. RECOMMENDATION: Staff recommends Council adopt the ordinance as written. PRIOR ACTION/REVIEW: Council Work Session July 20, 2004. Council Work Session Octoberl3, 2004 Council Work Session November 16, 2004 FISCAL IMPACT: The passage of this ordinance will not have any projected or related costs to the City of Denton. Respectfully Submitted, Charles Wiley Chief of Police Prepared by: Lt. Scott Fletcher Operations Bureau and Kenneth Banks Manager - Division of Environmental Quality S:\Our Documents\Ordinances\05\StagnantWater.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS OF CHAPTER 20 BY CREATING ARTICLE IV ENTITLED "ENVIRONMENTAL NUISANCES"; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Article IV titled "Environmental Nuisances" of Chapter 20 of the Code of Ordinances of the City of Denton is hereby created and it shall read as follows: ARTICLE IV. ENVIRONMENTAL NUISANCES Sec. 20-151. Stagnant water. (a) It shall be unlawful and considered a public nuisance for any person owning, leasing or occupying real property, within the limits of the City of Denton, to permit or allow the accumulation or ponding of standing, stagnant or non-maintained water thereon or permit the same to remain, which may harbor or be a breeding ground for mosquitoes, flies, or other pests or which may cause a foul odor or adversely impact the public health and safety by any means. Accumulations or ponding of water shall not exceed a 48 hour period under normal rain conditions as described by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration National Weather Service (NOAA). (b) A finding by a code enforcement officer or heath inspector of the City of Denton shall constitute prima-facie evidence that standing, stagnant, or non-maintained water is conducive to the breeding or harboring of mosquitoes or other insects. Potential tools to make this finding may include measures of water turbidity, the presence of excessive organic matter in the water, the presence of foul odors, visually apparent algal growth, or the presence of mosquitoes, flies, or other pests. The presence of mosquito larva is not required for standing, stagnant, or non-maintained water to be classified as a public nuisance. (c) It shall be unlawful for any person, owner, agent, occupant or anyone having supervision or control of any real property within the city to maintain a public nuisance as determined under this section. (d) It shall be the duty of said persons to abate nuisances described in this article by: (1) Draining, filling or re-grading any lots, ground, or yards which have standing or stagnant water thereon; or (2) Treating the area with material, either natural or man-made that will eliminate any offensive odor and render the area harmless to the public health and eliminate the potential breeding ground for mosquitoes, flies, or other pests. S:\Our Documents\Ordinances\05\StagnantWater.doc (e) It shall be the duty of said persons to maintain items that are capable of collecting water including but not limited to birdbaths, fountains, reflecting pools or ponds, private or semi-private swimming pools or other items so that they cannot harbor or be a breeding ground for mosquitoes, flies, or other pests or which may adversely impact the public health and safety or create an odor nuisance. Sec. 20-152. Abatement and notice procedures. The abatement and notice procedures provided for in Sections 20-131 through 20-134 shall apply to violations of this section and this article. Sec. 20-153. Proof requirements. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this article. SECTION 2. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 3. Save and except as amended hereby, all the provisions, sections, subsections paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 4. Any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per day. Each day that a provision of this ordinance is violated shall constitute a separate offense. SECTION 5. This ordinance providing for a penalty shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 12005. EULINE BROCK, MAYOR Page 2 of 3 S:\Our Documents\Ordinances\05\StagnantWater.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: - t Page 3 of 3 AGENDA INFORMATION SHEET AGENDA DATE: May 24, 2005 DEPARTMENT: Airport and Transit Operations CM/DCM/ACM: Jon Fortune, Assistant City Manager SUBJECT Consider approval of a resolution of the City of Denton, Texas, endorsing and advocating a proposed service plan rail route by the Denton County Transportation Authority that would use the former Union Pacific Railroad Right-of-Way ("MKT") that runs parallel to I-35 East between North Carrolton and Denton, with an ultimate terminus within downtown Denton, and providing an effective date. BACKGROUND Through an agreement with The North Central Texas Council of Governments, the Denton County Transportation Authority (DCTA) has commissioned an alternatives analysis study on the DCTA approved service plan. This alternative analysis study is a federal requirement to ensure all options are examined pursuant to mass transportation initiatives. As part of the study, DCTA has held a series of public meetings to receive feedback on alternatives to the regional rail component of the service plan. Several primary alternatives are being considered to service the City of Denton from North Carrollton through Lewisville. One alternative is to utilize the right-of-way on the former Union Pacific line (MKT) which is parallel to Interstate 35 East (I-35E) and terminates in downtown Denton. Another alternative is to utilize the active Kansas City Southern (KCS) rail line that runs northwest through Highland Village, west of Lake Lewisville and would provide service to Denton near the I-35 E and I-35 W split in west Denton. Both the Denton and Lewisville City Councils have passed resolutions supporting the MKT rail line as the preferred route for commuter rail service for DCTA. The City Council of Highland Village has passed a resolution selecting the KCS route as their preferred alignment. As these are the three taxing jurisdictions and only member cities in DCTA an effort has been made to coordinate among the three cities so that the preference for the preferred alignment will be the same. The attached resolution represents an agreement in principle for all three cities to support the same preferred route (MKT) and provides language that will encourage DCTA to further study the feasibility of a spur from the MKT line using the KCS line to Highland Village. Both Highland Village and Lewisville are considering similar resolutions to support a unified position for all three cities. 1 The approval of the proposed resolution would provide DCTA an official position by the City of Denton for the use of the Union Pacific line (MKT) providing service to south Denton and downtown Denton, and encourages DCTA to study the feasibility of a rail spur to Highland Village. The City of Lewisville and Highland Village also support this concept. The Highland Village City Council is scheduled to pass a similar resolution at their May 24 meeting. As of this writing, I have not received the date that the City Council for the City of Lewisville will consider the resolution. OPTIONS 1. Approve Resolution recommending the MKT alternative with a rail spur to Highland Village. II. Provide staff direction on other alternatives. RECOMMENDATION Staff recommends approval of the resolution as regional rail service to downtown Denton is a component of the Denton Development Plan and the Downtown Master Plan. The only change between this resolution and the resolution previously passed by City Council on February 22, 2005 is the language regarding the support for DCTA to study a rail spur from the MKT using the KCS line to Highland Village. EXHIBITS Alignment Map Respectfully submitted: Jon Fortune Assistant City Manager Prepared by: Mark Nelson, Director Airport and Transportation Operations 2 City of Denton Preferred Alignment Union Pacific Line (MKT) City of Denton N LEGEND Planning and Development Department 221 N Elm /\/Future Rail Alignment Denton, Texas 76201 (940) 349-8350 www.cityofdenton.com Roads 1:20000 M Lakes February 2005 Planning and ® City of Denton Development Denton County A. ';'Y This information is for g ra-Wn n DENof tlata within the City of Penton G..g Geogr raphis phic M Information System. It is pre. entetl without warranty of any kind. Data i. from various sources. S:\Our Documents\Resolutions\05\Resolution DCTA Route Final amended.doc RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, ENDORSING AND ADVOCATING A PROPOSED SERVICE PLAN RAIL ROUTE BY THE DENTON COUNTY TRANSPORTATION AUTHORITY THAT WOULD USE THE FORMER UNION PACIFIC RAILROAD RIGHT-OF-WAY ("MKT") THAT RUNS PARALLEL TO I-35 EAST BETWEEN NORTH CARROLTON AND DENTON, WITH AN ULTIMATE TERMINUS WITHIN DOWNTOWN DENTON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton County Transportation Authority ("DCTA") through an agreement with the North Central Texas Council of Governments has commissioned a study on the DCTA approved service plan; and WHEREAS, as a part of the study, DCTA has held a series of public hearings to receive feedback on alternatives to the regional rail component of the service plan; and WHEREAS, three alternative rail routes between North Carrollton and Denton are being considered by DCTA; and WHEREAS, the City Council of the City of Denton has found and determined that the preferred route is the proposed route utilizing the right-of-way on the former Union Pacific line ("MKT") which is parallel to Interstate 35 East (I-35E) and terminates in downtown Denton (the "Preferred Route"); and WHEREAS, given that the City Council for the City of Denton has found and determined that the preferred route is the former Union Pacific line (MKT), the Denton City Council encourages DCTA to evaluate the feasibility of rail service to Highland Village via a rail spur from the Union Pacific line (MKT) using the Kansas City Southern Line (KCS); and WHEREAS, the Preferred Route will help to achieve and support Denton's Downtown/Central Business District as one of four major initiatives in the City of Denton's Strategic Plan for Economic Development that was approved by City Council in May 2003; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings set forth in the preamble of this Resolution are incorporated by reference into the body of this Resolution as if fully set forth herein. SECTION 2. The City of Denton does hereby formally endorse and advocate the Preferred Route for the regional rail component of DCTA's service plan. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. S:\Our Documents\Resolutions\05\Resolution DCTA Route Final amended.doc 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 of 2