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November 1, 2005 Agenda
AGENDA CITY OF DENTON CITY COUNCIL November 1, 2005 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, November 1, 2005 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Receive a report, hold a discussion, and give staff direction regarding the vendor selection process for the veterinarian services contract for the Animal Shelter. 2. Receive a report, hold a discussion, and give staff direction regarding Emergency Medical Services (EMS) Billing and outsourcing opportunities. 3. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of November 1, 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: A. Consultation with Attorney - Under Texas Government Code Section551.071. 1. Receive, discuss, and give staff direction regarding a brief from the City's attorneys relating to new legislation (HB 304 and HB 2892), including legal advice relating to the City's duties and obligations under these laws and strategies for implementation, as well as legal advice specific to the petition for recognition recently filed by the Denton Fire Fighters Association. B. Personnel Matters - Under Texas Government Code §551.074. 1. Deliberate the evaluation, and duties, including contractual terms and duties, for the City Manager, City Attorney, and Municipal Court Judge. 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 SE Q. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. City of Denton City Council Agenda November 1, 2005 Page 2 Regular Meeting of the City of Denton City Council on Tuesday, November 1, 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. Recognition of staff accomplishments 3. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the 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 - N). 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 - N below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items following approval of the Consent Agenda. A. Consider approval of a resolution by the City Council of the City of Denton, Texas appointing the Community Development Administrator as the City's representative to the Denton County Homeless Coalition and further authorizing the City's participation in the development of a 10-year plan to end chronic homelessness; and providing for an effective date. B. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with Solutient Geosciences, Inc. for Hydrogeological Consulting and Analytical Services pertaining to the City of Denton Landfill (MSW Permit No. 1590A); authorizing the expenditure of funds therefor; providing for retroactive ratification and approval thereof, and providing an effective date. The Public Utilities Board recommends approval (7-0). C. Consider approval of a resolution by the City Council of the City of Denton relating to the issuance of bonds by North Texas Higher Education Authority, Inc.; approving the issuance of such bonds and the use of the proceeds of such bonds; and making certain findings in connection therewith; providing an open meetings clause; and providing an effective date. City of Denton City Council Agenda November 1, 2005 Page 3 D. Consider adoption of an ordinance for a water line oversize participation agreement between the City of Denton and Granite Properties Granite Point Phase I development for an amount not to exceed approximately $42,996.18. The Public Utilities Board recommends approval (7-0). E. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of asphalt and concrete street sections and repairs for various city departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3345 - Annual Contract for Asphalt and Concrete Street Sections and Repairs awarded to the lowest responsible bidder for each item, Jagoe-Public Company in the annual estimated amount of $2,000,000). F. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of soil, sand, lime and aggregate for various city departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3397 - Annual Contract for Purchase of Soil, Sand, Lime and Aggregate awarded to the lowest responsible bidder for each item, in the annual estimated amount of $2,000,000). G. Consider adoption of an ordinance approving the expenditure of funds for the purchase of the renewal of annual support maintenance for Denton Municipal Electric's Supervisory Control and Data Acquisition System (SCADA) 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 3415 - Renewal of SCADA Maintenance Agreement awarded to Advanced Control Systems in the amount of $33,276). The Public Utilities Board recommends approval (7-0). H. Consider adoption of an ordinance leasing parking spaces located on the Williams Trade Square to the Denton County Transportation Authority; and providing for an effective date. The DCTA recommends approval (9-0). 1. Consider approval of a resolution of the City Council of the City of Denton, Texas promoting and supporting public multimodal transportation; and providing for an effective date. The Mobility Committee recommends approval (4-0). J. Consider adoption of an ordinance approving a Professional Services Agreement for Architect or Engineer with the firm of Freese and Nichols, Inc. to provide engineering services associated with the North-South Water Mains Routing Analysis Project; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (7-0). K. Consider approval of tax refunds for the following property taxes: Tax Name Reason Year Amount 1. Hcxtcr-Fair Titlc/Dav id & K'athv SalisbuiA Duplicatc Pav mcnt 2004 $784.17 2. Titlc Rcsoucres/Edna Latham O\ crpav mcnt 2004 $766.35 CountiA \v idc Tax Scr\ iccs/ Tobv & Gloria Houts Duplicatc Pav mcnt 2003 $563.50 City of Denton City Council Agenda November 1, 2005 Page 4 L. Consider approval of the minutes of: August 8, 2005 August 9, 2005 August 16, 2005 August 17 & 18, 2005 August 30, 2005 M. Consider adoption of an ordinance authorizing the City Manager to execute a contract for professional legal services with Denton, Navarro, Rocha & Bernal for legal services related to meet and confer bargaining issues, pursuant to HB304 and HB 2892; authorizing the expenditure of funds therefor; and establishing an effective date. N. Consider adoption of an ordinance providing for the expenditure of funds for the further purchase of PVC Conduit for Denton Municipal Electric from Techline, Inc. the vendor in Bid No. 3179; in accordance with provisions of state law exempting such purchases from the requirements of competitive bidding; providing for retroactive approval; and providing an effective date. (Bid No. 3179 additional authority in the amount of me $200,000 above bid price) 4. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance granting approval of the use of a portion of the Pebble Brook Open Space Park for the purpose of electric utility easements in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for an electric utility easement; and providing an effective date. (Parks, Recreation and Beautification Board recommends approval (6-0). B. Hold a public hearing and consider adoption of an ordinance granting approval of a license agreement for the subsurface use of a portion of the Denton Branch Rail Trail at Mile Post 724.8 for the purpose of a natural gas pipeline in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of license; and providing an effective date. (Parks, Recreation and Beautification Board recommends approval (4-0). C. Hold a public hearing and consider the adoption of an ordinance for an Alternative Development Plan for a proposed church on approximately 6.674 acres. The subject property is generally located on the south side of Willowood Street, approximately 197 feet west of McCormick. The property is located in a Neighborhood Residential (NR-4) zoning district. The purpose of the Alternative Development Plan is to deviate from the requirements of Subchapter 13 of the Development Code. The Planning and Zoning Commission recommends approval (6-0). (ADP05-0006) D. Hold a public hearing and consider adoption of an ordinance regarding rezoning approximately 0.17 acres of land, the northern portion of lot 16R, Block 1 of College View Addition from a Neighborhood Residential 4 (NR-4) zoning district City of Denton City Council Agenda November 1, 2005 Page 5 to a Neighborhood Residential Mixed-Use (NRMU) zoning district. The property is generally located at the northeast corner of McKinney Street and Wood Street intersection. The Planning and Zoning Commission recommends approval (6-0). 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance on first reading to involuntarily annex approximately 5,800 acres. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction (ETJ). B. Consider approval of a resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date. C. Consider adoption of an ordinance authorizing the City Manager to execute change order number one to the contract between the City of Denton and CBS Mechanical; providing for the expenditure of funds therefor; and providing an effective date (File 3414 - Change Order One to Purchase Order 120873 in the amount of $3030.00). D. Consider approving an exaction variance of Section 35.20.2.L.2 of the Denton Development Code concerning perimeter streets and Section 35.20.3.13 of the Denton Development Code concerning sidewalks. The 7.25 acres of land is located approximately 750 feet east of Carmel Street and at the end of Chiquita Street. A motion of the Planning and Zoning Commission to recommend approval was defeated upon a tie vote (2-2). (V05-0018, 920 Chiquita Street) E. Consider adoption of an ordinance of the City of Denton, Texas, withdrawing annexation case A05-0001 and zoning case Z05-0022 relating to the annexation and zoning of approximately 244 acres of land contiguous and adjacent to the City of Denton, Texas, located in the eastern section of the City of Denton extraterritorial jurisdiction; generally located south of Mingo Road and both sides of Collins Road; being located in the M. Forrest Survey, abstract number 417 and the T. Living Survey, abstract number 729, Denton County Texas. F. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Willie Hudspeth regarding concerns of Southeast Denton. G. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. H. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City of Denton City Council Agenda November 1, 2005 Page 6 1. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. J. 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: November 1, 2005 DEPARTMENT: Police ACM: Jon Fortune SUBJECT: Receive a report, hold a discussion, and give staff direction regarding the vendor selection process for the veterinarian services contract for the Animal Shelter. BACKGROUND On February 22, 2005, staff presented a report to Council concerning an analysis of the Animal Services program. Staff sought direction on a strategic plan designed to address ,ti,.,,,,, -P +I,- ;A--+;g-A -1,1- +I,- o n„o -P +I,- ---+-A -1,.,,,- Captain Scott Langford, Operations Bureau, Police Tom Shaw, Purchasing Agent Marilyn Wells, Denton Humane Society Woodie Wilson, Senior Animal Services Officer, Police Officer Jim Bryan and Marilyn Wells are members of the City's Animal Shelter Advisory Board. The selection committee met September 19° 2005 to discuss the evaluation process and the grading criteria. The proposals were disseminated to the committee members. The committee met again September 28, 2005 and ranked each of the four proposals using the grading criteria. The proposals were ranked as follows: 1. Southridge Animal Hospital 2. Animal Hospital on Teasley Lane 3. Animal Hospital on Milam Road 4. Ponder Veterinary Hospital Selected members of the committee toured the facilities of the top two hospitals on October 4, 2005. The full committee held an oral interview of the veterinarians from these two hospitals on October 6, 2005. The committee met again on October 10, 2005 to discuss the top two proposals and each committee member submitted a grade sheet for the top two hospitals. Appendix A provides a complete grading composite. Recommendation The committee believed that both of the top two hospitals offered an excellent proposal that would meet the needs of the shelter. As shown in the scoring composite, the grades for both hospitals were very close on every aspect. However, there were sufficient differences in some key aspects that determined the recommendation of the committee. The committee felt that Southridge Animal Hospital's proposal offered the best overall program for the animal shelter. Dr. Jones and his staff provided a plan that took in to account the needs of the shelter, the hours of operation, and the overall goal of the shelter in terms of adoptions. While the listed prices for Southridge Animal Hospital were higher than those of the Animal Hospital on Teasley, the price included an array of services that the committee believed were necessary. When prices for those same services were calculated into the other proposal, the prices were very competitive. Southridge Animal Hospital has a staff of three veterinarians that ensures sufficient coverage for the shelter adoption program. Further, Southridge proposes to transport the animals from the shelter at their own cost. Because of the staffing limitations of the shelter, this was an important aspect. Finally, Southridge Animal Hospital recognized and committed to fostering a positive communications triangle including the hospital staff, the shelter staff, and the adopter. It was very clear that the staff doctors envisioned the program as more than a contract to make money. The hospital staff recognized the necessity of running a positive program and the potential benefit to the shelter of ensuring a quality adoption process. Their commitment to this type of program was readily apparent in the proposal, during the tour of the facilities, and in the interviews. The selection committee recommends the Southridge Animal Hospital for the contract to perform sterilization and vaccination services on animals adopted out of the city animal shelter. OPTIONS 1. Council can direct staff to pursue a contract with Southridge Animal Hospital for sterilization and vaccination services for the animal shelter. 2. Council can direct staff to conduct additional research on vendors for these services. RECOMMENDATION Staff recommends pursuing a contract with Southridge Animal Hospital. PRIOR ACTION/REVIEW 02/22/05 - Council Work Session on Animal Services FISCAL IMPACT This adoption program and contract with Southridge Animal Hospital will not have a direct fiscal impact on the city. The cost of the services performed by Southridge Animal Hospital will be passed on to the adopters at the time they select an animal for adoption. Currently, the animal shelter charges a ten-dollar ($10) adoption fee on each adoption. This money serves to help offset the cost of care for the animals in the shelter. It is anticipated that the city will establish a set adoption fee for dogs and cats that is sufficient to cover the potential cost of services performed by Southridge and allow for a moderate amount of income to cover some of the operation costs for the shelter. With the adoption of this new program and contract with Southridge, staff will bring Council a revised adoption ordinance and a related fee ordinance. Respectfully submitted, Charles Wiley Chief of Police Prepared by: Lt. Scott Fletcher Operations Bureau y 01 M O 01 ~ ~ CO O ~ ~ ~ O v'~ y ~p ~ ~ O O ~ M O l~ O~ O N ' N CO O ' CO --i CO M M ~ CO N ~ ~ ~ 01 01 ~ ~ 01 N 01 't C~ 01 01 ~ l~ N~ M~ r 0 v'~ O v~ v~ O O v~ r 0 v'~ ~ v~ O~ O O l~ r.' O ~O ~ M N~ O M O v'~ CO O W N ~ O v'~ O v~ O O O O M M M O ,7, v'~ O v~ v~ O O N O" O N O v'~ O O O l~ O M N I:rl Ocr, O Ocr, N CO O c CO CO O O l~ O O O CO N Ic OI:rl ~ M M N M CO M O v'~ O v~ v~ O O v~ O O O v~ O O O v~ rl N M ~--I N oc 01 CO ~ ~••I 01 N t N G~ O O X fd • O N O v'~ O O O O N O v'~ O N CL O O C rr~~ ~ Q V1 74. 74. I~ ~ U on U on a U Py N a U Py N b4 O pp • cC .O O pp • cC .O ~ O U O U 'ti Li O U N~" O U N v 'o O v 'o O CI U CI U o ro a. ° o o U U o U ° x o ` P~ 2 2 d U c°i a. o o c U v a. o o c cC U c~ CZ U N yU., U ct cz U 00 a~ w arxarxUwQ w aPx Pr uwQ AGENDA INFORMATION SHEET AGENDA DATE: November 1, 2005 DEPARTMENT: Fire Department ACM: Jon Fortune SUBJECT Receive a report, hold a discussion, and give staff direction regarding Emergency Medical Services (EMS) Billing and outsourcing opportunities. BACKGROUND In April 2005, the Denton Fire Department initiated a study reviewing the operational procedures of the Emergency Medical Service (EMS) Billing Section. In addition to the internal study, a survey of 9 cities and 3 private billing companies was conducted. On August 1, 2005 the Council was presented with information regarding the history of EMS Billing and the results of the internal study and benchmark survey conducted. Additional information was provided to Council on October 14, 2005 as requested. OPTIONS 1. Outsource EMS Billing with the adoption of the umbrella billing method. 2. Outsource EMS Billing with the current method of billing under a revised fee schedule. 3. Continue EMS Billing operations with current procedures and fee schedule. RECOMMENDATION Staff recommends the approval of outsourcing EMS Billing under the umbrella method of billing. FISCAL INFORMATION A change in the billing method has the potential to produce a significant increase in revenue. Outsourcing combined with the umbrella billing method could increase projected estimates by 40% - 50%. Outsourcing with the current method and a change in fee schedule could increase revenue by 25%. Achieving the projected estimates will be dependent on the final terms agreed upon with a contracted company and continued analysis after implementation to assess associated cost savings. Page 1 of 2 Respectfully Submitted: Ross Chadwick Fire Chief Report Prepared By: Laura Behrens Fire Department Management Assistant Page 2 of 2 AGENDA INFORMATION SHEET AGENDA DATE: November 1, 2005 DEPARTMENT: Parks and Recreation/Neighborhood Services ACM: Howard Martin, 349-8232 SUBJECT Consider approval of a resolution by the City Council of the City of Denton, Texas appointing the Community Development Administrator as the City's representative to the Denton County Homeless Coalition and further authorizing the City's participation in the development of a 10- year plan to end chronic homelessness; and providing for an effective date. BACKGROUND In order to apply for funding under the Continuum of Care Notice of Funding Availability (NOFA) posted by the US Department of Housing and Urban Development, the Denton County Homeless Coalition must provide evidence of support and participation by local governments in the service area. The appointment of staff to represent the City of Denton will assist the Denton County Homeless Coalition in meeting this requirement. Past funding under the NOFA has been provided to various agencies for supportive housing and other services. Agencies participating include Denton County MHMR, AIDS Services of North Texas and HOPE, Inc. ESTIMATED PROJECT SCHEDULE Applications for funding under the Continuum of Care NOFA will be submitted in June 2006. PRIOR ACTION/REVIEW N/A FISCAL INFORMATION N/A EXHIBITS 1. Resolution Respectfiilly submitted: Janet Fitzgerald, Director Parks and Recreation Department Prepared by: 4 34 Community Development Administrator 1 S:\Our Documents\Resolutions1051Homeless Coal Rep Res.doc RESOLUTION NO. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPOINTING THE COMMUNITY DEVELOPMENT ADMINISTRATOR AS THE CITY'S REPRESENTATIVE TO THE DENTON COUNTY HOMELESS COALTION AND FURTHER AUTHORIZING THE CITY'S PARTICIPATION IN THE DEVELOPMENT OF A 10-YEAR PLAN TO END CHRONIC HOMELESSNESS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, there has been an effort by the Federal government to end chronic homelessness within the next 10 years; and WHEREAS, persons experiencing chronic or long-term homelessness are generally homeless for over one year and may be living with a disability, addiction or mental illness; and WHEREAS, research indicates that persons experiencing chronic homelessness use a disproportionate share of the resources targeted for homeless assistance; and WHEREAS, the Denton County Homeless Coalition is working to develop a plan to end chronic homelessness in Denton County within 10 years through collaborative efforts by local service organizations and governmental entities; and WHEREAS, the City of Denton has participated and will continue to participate in efforts to assist the homeless and potentially homeless in our community; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: The City Council authorizes and directs the Community Development Administrator or her designee, to represent and act on behalf of the City of Denton in working with the Denton County Homeless Coalition in the development of a 10-year plan to end chronic homelessness in Denton County. SECTION 2: The City Council of the City of Denton, Texas, authorizes the Community Development Administrator or her designee to work to further the goals of the Denton County Homeless Coalition. SECTION 3. The City Secretary is hereby authorized to furnish true, complete and correct copies of this resolution to all interested parties. SECTION 4. This resolution shall become effective immediately upon its passage and approval. EXHIBIT 1 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, CITY TTORNEY BY: AGENDA INFORMATION SHEET AGENDA DATE: November 1, 2005 DEPARTMENT: Solid Waste ACM: Howard Martin, Utilities 349-8232 SUBJECT Consider approval of a professional services agreement with Solutient GeoSciences, Inc. to supply the Solid Waste Department with hydrogeological consulting and ground water monitoring services at the City's Landfill in an amount not to exceed $41,768.00 (The Public Utilities Board recommends approval 7-0) BACKGROUND The Landfill is required to perform and submit ground water monitoring results of the landfill's twenty monitoring wells and two leachate sumps on a semi-annual basis to the Texas Commission on Environmental Quality (TCEQ). This company is familiar with Denton's hydrogeological site conditions, and possesses staff capable of monitoring and accurately interpreting Denton's groundwater data. OPTIONS 1. Approve the agreement as presented. 2. Disapprove the agreement as presented. 3. Modify the agreement. RECOMMENDATION Staff recommends the PUB approve the professional services agreement with Solutient GeoSciences, Inc., to provide professional services to the Solid Waste Department for hydrogeological consulting and ground water monitoring services at the City's Landfill. ESTIMATED SCHEDULE OF PROJECT: March 2006 - First semi-annual landfill monitoring occurs. September 2006 - Final semi-annual landfill monitoring occurs. PRIOR ACTION/REVIEW This item was presented to the Public Utilities Board at their October 24th, 2005 regular meeting. The Public Utilities Board recommends approval 7-0. FISCAL INFORMATION The agreement, not to exceed $41,768.00, will provide the Solid Waste Department and the TCEQ with Denton Landfill groundwater monitoring and reporting information during the 2006 fiscal year. Funding for groundwater monitoring is included in the annual Solid Waste operating budget. EXHIBITS 1. Ordinance 2. Professional Services Agreement 3. PUB Minutes Respectfully submitted: A. Vance Kemler Director of Solid Waste ORDINANCE NO. 2005- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SOLUTIENT GEOSCIENCES, INC. FOR HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES PERTAINING TO THE CITY OF DENTON LANDFILL (MSW PERMIT NO. 1590A); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE RATIFICATION AND APPROVAL THEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems that it is in the public interest to continue to engage the firm of Solutient GeoSciences, Inc., of Tyler, Texas ("SGS"), to provide professional hydrogeological consulting and analytical services for the City pertaining to the City of Denton Landfill (MSW Permit No. 1590A); the City Council has engaged SGS's predecessor firm, ETTL Engineers and Consultants, Inc. of Tyler, Texas for a number of consecutive years to perform these services, and has been satisfied as to the quality and the reasonable price of their work; and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-referenced professional consulting services, and that limited City staff cannot adequately perform the specialized services and tasks with its own personnel; and WHEREAS, it is necessary for the professional services provided by SGS to begin on October 1, 2005, and the timing involved in the contract approval process dictates that this ordinance be ratified and approved effective as of October 1, 2005, which continues the professional services contracted by the City with the predecessor firm, ETTL for similar services for the City's landfill, without interruption; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider' of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION l: That the City Manager is hereby authorized to execute a Professional Services Agreement with Solutient GeoSciences, Inc., a Corporation, of Tyler, Texas, for professional hydrogeological consulting and analytical services pertaining to the City of Denton Landfill (MSW Permit No. 1590A); in substantially the form of the Professional Services Agreement attached hereto as Exhibit "A" and incorporated herewith by reference. 1 EXHIBIT 1 SECTION 2: That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of SGS and the demonstrated ability of SGS to perform the services needed by the City for a fair and reasonable price. SECTION 3: That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. SECTION 4: That the effective date of the Professional Services Agreement approved hereby, is hereby ratified, confirmed, and made effective as of the 1St day of October, 2005. SECTION 5: That otherwise, except as stated in Section 4 hereinabove, this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: SA0ur Documents\Ordinances\05\SGS-Engineering-Hydrogeological-Landfill-PSA 2005-2006 ord.doc 2 STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES PERTAINING TO THE CITY OF DENTON LANDFILL THIS AGREEMENT is made, entered into, and effective as of the I" day of October, 2005, by and between the City of Denton, Texas, a Texas Municipal Corporation, with its principal offices at 215 East McKinney Street, Denton, Texas 76201 (hereinafter "OWNER"); and Solutient GeoSciences, Inc., a Corporation, with its corporate office at 3800 Paluxy Drive, Suite 260, Tyler, Texas 75703 (hereinafter "CONSULTANT"); the parties acting herein by and through their respective duly-authorized representatives and officers. WTTNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually AGREE as follows: ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the Articles to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. The professional services set forth herein are in connection with the following described project (the "Project): Providing professional hydrogeological consulting and analytical services pertaining to the City of Denton Landfill (MSW Permit No. 1590A) for the period beginning on October 1, 2005 and ending on September 30, 2006. CONSULTANT shall serve as the OWNER's professional services consultant relative to all landfill groundwater monitoring, data review, reporting (including, without limitation, two semi-annual detection groundwater monitoring events), and general geological and hydrogeological consulting services, where needed for the Project. ARTICLE 11 SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services in a professional manner: A. To perform all those services as are set forth in the CONSULTANT's "Proposal" to the City of Denton, Texas contained in that certain three (3) page letter from Leslie A. Jeske, P.G., Hydrogeologist of the CONSULTANT to David Dugger, Landfill Superintendent of OWNER, dated September 12, 2005, which letter is attached hereto as Exhibit "A" and is incorporated herewith by reference. Page I of 11 EXHIBIT 1 B. If there is any conflict that arises between the terms of this Agreement and the "Probable Cost Estimate" (September 12, 2005), Exhibit "B" attached to this Agreement, then the terms and conditions of Exhibit "B" shall control over the terms and conditions of the Agreement. ARTICLE III ADDITIONAL SERVICES Any Additional Services to be performed by CONSULTANT, if authorized by OWNER, which are not included as Basic Services in the above-described Scope of Services, set forth in Article II above, shall be later agreed-upon by OWNER and CONSULTANT, who shall determine, in writing, the scope of such Additional Services, the amount of compensation for such additional services, and other essential terms pertaining to the provision of such Additional Services by CONSULTANT. A partial listing of possible Additional Services and the hourly rates and the amounts therefor, are set forth in the "Probable Cost Estimate" which is attached hereto as Exhibit "B" and is incorporated by reference herewith. ARTICLE IV PERIOD OF SERVICE The parties hereby agree that in any event, this Agreement shall be effective as of October 1, 2005. Work shall commence upon the issuance of a notice to proceed to CONSULTANT by the OWNER. This Agreement shall remain in force for the period that may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER, or until September 30, 2006, whichever event shall first occur. This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in the performance of this Agreement. CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule(s) reasonably established by the OWNER, acting through its Director of Solid Waste or his designee. ARTICLE V COMPENSATION A. COMPENSATION TERMS: 1. "Direct Non-Labor Expense" is defined as that expense [other than "per diem" expense], based upon actual cost plus fifteen (15%) percent, for any out-of-pocket expense reasonably incurred by the CONSULTANT related to its performance of this Agreement, for long distance telephone charges, telecopy charges, messenger services, printing and reproduction expenses, out-of-pocket expenses for purchased computer time, prudently incurred travel expenses related to the work on the Project, and similar incidental expenses incurred in connection with the Project. Page 2 of 11 B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by CONSULTANT herein, OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the Basic Services tasks set forth in the Scope of Services as shown in Article II above; as follows: 1. CONSULTANT shall perform its work on this Project on an hourly fee basis, plus reimbursement for all reasonably incurred out-of-pocket expenses, billed monthly, or for longer periods of time. CONSULTANT shall bill from time sheets, in minimum hour increments of time, at the rates and subject to the terms set forth in CONSULTANT's "Probable Cost Estimate" which is contained in Exhibit "B" heretofore referred to in Article III. OWNER shall pay to CONSULTANT for its professional services performed, and for its out-of pocket expenses incurred in the Project, a total amount not to exceed $41,768. 2. Partial payments to the CONSULTANT will be made monthly based on the percent of actual completion of the Basic Services, rendered to and approved by the OWNER through its Director of Solid Waste or his designee. However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. The OWNER may withhold the final five (5%) percent of the above not-to-exceed amount until satisfactory completion of the Project by CONSULTANT. 3. Nothing contained in this Article shall require the OWNER to pay for any work that is not submitted in compliance with the terms of this Agreement. OWNER shall not be required to make any payments to CONSULTANT at any time when CONSULTANT is in default under this Agreement. 4. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed amount as stated hereinabove, without first having obtained the prior written authorization of the OWNER. CONSULTANT shall not proceed to perform any services to be later provided for under Article III. "Additional Services" without first obtaining prior written authorization from the OWNER. C. ADDITIONAL SERVICES: For Additional Services authorized in writing by the OWNER in Article III. hereinabove, CONSULTANT shall be paid based on a to-be- agreed-upon Schedule of Charges. Payments for Additional Services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Exhibit "B" attached hereto, and Article V.B. hereinabove. Statements for Basic Services and any Additional Services shall be submitted to OWNER no more frequently than once monthly. D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within thirty (30) days after receipt of the CONSULTANT's Page 3 of 11 undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from and after the said thirtieth (30th) day, and in addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full for all amounts then due and owing, and not disputed by OWNER, for services, expenses and charges. Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably determines that the CONSULTANT's work is not submitted in accordance with the terms of this Agreement, in accordance with Article V.B. of this Agreement, and OWNER has promptly notified CONSULTANT of that fact in writing. ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of CONSULTANT. ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and famished by the CONSULTANT are intended only to be applicable to this project and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event the OWNER uses the Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to this Agreement, CONSULTANT is released from any and all liability relating to their use in that project. ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE IX INDEMNTTY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees from and against any and all liability, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including without limitation damages for bodily and personal injury, death, or property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution, Page 4 of 11 operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE X 7~ INSURANCE During the nPrfnrmnnrP of 4hw 'Zj mAna ■,,,A- A.- A or relating to this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval. ARTICLE XII TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by providing thirty (30) days advance written notice to the other party. B. This Agreement may alternatively be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be effected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. C. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services upon receipt of the written notice of termination from OWNER, and shall render a final bill for services to the OWNER within twenty (20) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of termination being received by CONSULTANT, in accordance with Article V. of this Agreement. Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information to the OWNER and to the new consultant. If applicable, OWNER shall allow CONSULTANT a reasonable time to transition and to turn over the Project to a new consultant. CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its files. ARTICLE X111 RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, its officers, employees, or agents, for the accuracy and competency of their work performed pursuant to this Agreement; nor shall such approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for any defect m the work prepared by the CONSULTANT, its principals, officers, employees, and agents. ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall Page 6 of I I be personally delivered to; or telecopied to; or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt requested, unless otherwise specified herein. To CONSULTANT: To OWNER: Solutient GeoSciences, Inc. City of Denton, Texas Les Jeske, P.G. Michael A. Conduff, City Manager 3800 Paluxy Drive, Suite 260 215 East McKinney Street Tyler, Texas 75703 Denton, Texas 76201 Phone: (903) 581-4340 Fax: (940) 349-8596 And David Dugger, Landfill Superintendent City of Denton, Texas 5166 Foster Road Denton, Texas 76208 All notices under this Agreement shall be effective upon their actual receipt by the party to whom such notice is given, or three (3) days after mailing of the notice, whichever event shall first occur. ARTICLE XV ENTIRE AGREEMENT This Agreement consisting of eleven (11) pages and two (2) Exhibits thereto, said Exhibits consisting of three (3) pages and one (1) page respectively, constitutes the complete and final expression of the Agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, understandings, and agreements which may have been made in connection with the subject matter of this Agreement. ARTICLE XVI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement, and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the original intentions of the parties respecting any such stricken provision. Page 7of11 ARTICLE XVII COMPLIANCE WITH LAWS CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended. ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE XIX PERSONNEL A. CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER. CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest or potential conflict of interest that CONSULTANT may discover, or which may arise during the term of this Agreement. B. OWNER requires that CONSULTANT carefully safeguard all documents, data, and information provided by OWNER to CONSULTANT incident to this engagement. CONSULTANT recognizes that such documents; data; and information; involve sensitive, competitive issues; in some cases, confidential information; and in some cases proprietary information; and the disclosure of such information by CONSULTANT to any third parry, without the express written consent of OWNER, is expressly prohibited by OWNER, and ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER. CONSULTANT shall promptly notify OWNER of any change of its name as well as of any material change in its corporate structure, its location, and/or in its operations. ARTICLE XXI MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed. The parties further agree that the provisions of this Article will not be waived unless as herein set forth. ARTICLE XXH MISCELLANEOUS A. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment made by OWNER under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct examinations or audits in compliance with this Article. OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits. B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. C. For purposes of this Agreement, the parties agree that Leslie A. Jeske ("Jeske" shall serve as the Project Manager for CONSULTANT respecting this engagement. This Agreement has been entered into with the understanding that Jeske shall serve as the CONSULTANT's Project Manager and will be the key person serving the OWNER on this Project. Any proposed changes requested by CONSULTANT, respecting Jeske serving as the Project Manager on the Project, shall be subject to the approval of the OWNER, which approval the OWNER shall not unreasonably withhold. Nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the other services required herein, under its supervision or control. Page 9 of 11 D. CONSULTANT shall commence, carry on, and complete its work on the Project with all applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the provisions hereof In accomplishing the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER_ E. The OWNER shall assist and fully cooperate with CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform professional services under this Agreement. OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon background information furnished to it by OWNER without the need for further inquiry or investigation into such information. F. The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four (4) original counterparts, by and through its duly authorized City Manager; and CONSULTANT has executed this Agreement by and through its duly authorized undersigned officer, on this the day of 2005, but to be effective on the 1 sr day of October, 2005. "OWNER" CITY OF DENTON, TEXAS A Municipal Corporation By: Michael A. Conduff, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY By: Page 10 of 11 APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: "CONSULTANT" SOLU'TIENT GEOSCIENCES, INC. A Corporation By: G . ATTEST: By; _~~u'eyu►e c~ Secretary SA0ur Documents\Contracts\05\Soluticnt Gemiences PSA-Landfill-SW 2005-2006.doc Page 11 of 11 Solutient GeoSciences, Inc. 3800 Paluxy Drive, Suite 260 Tyler, Texas 75703 September 12, 2005 David Dugger Landfill Superintendent City of Denton 5166 Foster Road Denton, Tx. 76208 Re: Proposal Landfill Hydrogeological Consulting and Analytical Services - 2005-2006 City of Denton Landfill (MSW Permit No. 1590A) Denton (Denton County), Texas Dear Mr. Dugger: In accordance with your recent request, Solutient GeoSciences, Inc. ("Solutient") is pleased to submit the following proposal for providing hydrogeological consulting and analytical services at the City of Denton ("City") landfill for a one-year period commencing October 1, 2005. Solutient will serve as the City's professional services consultant relative to all landfill groundwater monitoring, data review, reporting, and general geological and hydrogeological services, where needed. Scope of Services As we understand it, the work will consist of conducting semi-annual groundwater monitoring events and reporting in accordance with the existing Texas Commission on Environmental Quality- ("TCEQ") approved Groundwater Sampling and Analysis Plan ("GWSAP") and 30 Texas Administrative Code ("TAC") §330.233-330.241 at the above- referenced facility. The following discussion provides a detailed explanation ofthe services provided. • Hydrogeological Consulting - includes 1) generation and on-going maintenance of a data base of existing groundwater chemical data, 2) management and direct supervision of groundwater monitoring events, 3) review of analytical data, 4) preparation of semi-annual groundwater monitoring reports and statistical evaluations, 4) evaluation and submittal of site-appropriate statistical analysis Mr. David Dugger, City of Denton September 12, 2005 Page 2 method(s), and 5) correspondence with TCEQ regarding groundwater quality issues. The City will be continually informed of all monitoring results and provided on-going recommendations and opinions regarding necessary action, if needed. In addition, all groundwater monitoring event reports will include preparation and submittal of the newly required Groundwater Monitoring Data Evaluation Checklist as per TCEQ's recent notification. • Analytical Services - includes sampling and analysis of groundwater samples collected at landfill facility in accordance with TCEQ-approved GWSAP. A total of 20 monitoring wells, which comprise the facility (MSW Permit No. 1590A) groundwater monitoring system will be gauged, purged, and sampled using dedicated, low-flow pumps and a Well Wizard' micropurge system. In addition, 2 leachate samples will be collected and analyzed for necessary pre-treatment constituents as required by the waste water treatment plant. All analyses will be performed using EPA-approved methods by Ana-Lab Corporation.; • SanitasTM for Ground Water Maintenance Agreement - provides for annual upgrades and software support of SanitasTM, a statistical analysis software package capable ofperforming statistical evaluation of groundwater quality data. All services provided will be coordinated and performed under the direct supervision of Mr. Leslie A. Jeske, P.G., Hydrogeologist. Low-flow purging and sampling activities will be conducted using instruments and equipment owned and maintained by the City. In the event the instruments are found in need of repair, we will notify the City promptly to insure minimal delays in completing the scheduled monitoring events. The City will be responsible for all costs associated with repairs and on-going maintenance. Cost Estimate Based upon the above scope of services and our understanding ofthe project, we have prepared the attached Probable Cost Estimate which shows the estimated quantities of work and unit fees. It is estimated that the total amount of this contract for October 1, 2005 - September 30, 2006 should not exceed $ 41, 768.00. In the event additional services are required beyond those detailed in this contract, Mr. David Dugger, City of Denton September 12, 2005 Page 3 such will be performed on a time and materials basis. You will be notified if unforeseen conditions are encountered or there is a necessity to change the scope of work. Additional work will not be performed without first obtaining your approval of the additional costs. An invoice will be submitted on a monthly basis for the percent of work completed for each semi-annual event. It will be based upon the actual work performed and the unit prices shown in the attached Probable Cost Estimate. As with all prior annual contracts, the principal in charge of this contract has performed all work under budget versus the proposed 2004-2005 annual contract. If you have any questions after reviewing this proposal, please do not hesitate to contact me at (903) 581-4340. As always, we look forward to working with the City in this endeavor. Very truly yours, Solutient GeoSciences, Inc. Leslie A. Jeske, P.G. Hydrogeologist Attach: Probable Cost Estimate cc: Mike Copeland, City of Denton PROBABLE COST ESTIMATE September 12, 2005 20052006 Land1W Hydrogeological Consalting and AnaEytkm Services City of Denton LandM (MSW Permit No. 1590A) Denton (Denton County), Texas Item N Unit Unit Rate Cost 1. Sanitas for Groundwater Software Maintenance Agreement cost +15% 1 LS $ 340.00 $ 340.fl0 arch 2006Semi AnnualMonitorin Event: Sabtatal: S 340.00 Statistical Evaluation and Reporting 20 wells $ 175.00 $ 3500.00 3. Groundwater Chemistry Review Data Base Update. Analytical Data Evaluation Checklis and Report Preparation H droeolo st 3.5 hour $ 115.00 $ 402.50 Geologist 9.5 hour $ 90.00 $ 855.00 Environmental Technician 28 hour $ 55.00 $ 1.540.00 5. Subsistence 2 da $ 85.00 $ 170.00 6. Sampling Vehicle 3 da $ 50.00 $ 150.00 7. Mileage 325 mile $ 0.54 $ 175.50 8. Turbidity Meter 2.5 day $ 50.00 $ 125.00 9. Analytical Services Table 5-1 GWSAP Constituents 20 wells 5 les & 2 leachate les 27 each $ 498.00 $ 13,446.00 Waste Water Pre-Treatment Constituents 2 leachate !Mies) 2 each $ 175.00 $ 350.00 Sabto#al' S 20 714.00 tember 2006 Semi Annual Monitoring Event: 9. Statistical Evaluation and Reporting_ 20 wells $ 175.00 $ 3500.00 10. Groundwater Chemistry Review. Data Base U to Analytical Data Evaluation Checklist and Report tion H dro to t 3.5 hour $ 115.00 $ 402.50 Geologist 9.5 hour $ 90.00 855.00 11. Environmental Technician 28 hour $ 55.00 $ 15540.00 12. Subsistence 2 day $ 85.00 $ 170.00 13. Sampling Vehicle 3 day $ 50.00 $ 150.00 14. Mileage 325 mile $ 0.54 $ 175.50 15. Turbidity Meter 2.5 day $ 50.00 $ 125.00 16. Ana] ical Services Table 5-1 GWSAP Constituents 20 wells 5 samples, & 2 leachate samples) 27 each $ 498.00 $ 1344"00 Waste Water Pre-Treatment Constituents 2 leachate samples) 2 each $ 175.00 $ 350.00 Subtotal: $ 20 714.00 TOTAL. S 4175800 Additional work will be performed upon authorization by the City of Denton utilizing the following rate schedule. Hydrogeologist - $115.00 per hour Geologist - $90.00 per hour Environmental Technician - $55.00 per hour CADD Operator - $50.00 per hour Field Vehicle - $50.00 per day Mileage - $0.54 per mile Outside Services (i.e., map reproduction, color photocopies, etc.) - cost +15% Additional Expenses (i.e., meals lodging, etc.) - cost +15% DRAFT AGENDA PUBLIC UTILITIES BOARD OCTOBER 24, 2005 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, October 24, 2005 at 9:46 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Bob Bland, John Baines, Bill Cheek, Phil Gallivan, George Hopkins, Charldean Newell, Dick Smith EX OFFICIO MEMBERS Michael Conduff, City Manager Howard Martin, ACM. /Utilities ITEMS FOR INDIVIDUAL CONSIDERATION: 7) Consider approval of a Professional Services Agreement with Solutient GeoSciences, Inc. to supply the Solid Waste Department with hydrogeological consulting and ground water monitoring services at the City's Landfill in an amount not to exceed $41,768. Vance Kemler, Solid Waste Director presented this item. Kemler reported that the Landfill is required to perform and submit ground water monitoring results of the landfill's twenty monitoring wells and two leachate sumps on a semi-annual basis to the Texas Commission on Environmental Quality (TCEQ). Kemler stated that Solutient GeoSciences, Inc., is familiar with Denton's hydrogelogical site conditions, and posses staff capable of monitoring and accurately interpreting Denton's groundwater data. Board Member Bill Cheek moved to approve with a second from Board Member George Hopkins. The motion was approved by a vote of 7-0. EXHIBIT 3 AGENDA INFORMATION SHEET AGENDA DATE: November 1, 2005 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider approval of a resolution by the City Council of the City of Denton relating to the issuance of bonds by North Texas Higher Education Authority, Inc.; approving the issuance of such bonds and the use of the proceeds of such bonds; and making certain ~ J Agenda Information Sheet November 1, 2005 Page 2 PRIOR ACTION/REVIEW (Council, Boards, Commissions) Since 1979 Council has approved resolutions to issue NTHEA student loan revenue bonds. FISCAL INFORMATION There is no fiscal impact to the City of Denton. EXHIBITS Memo from NTHEA Resolution Respectfully submitted: , - I ".-I , , . 0&1 Diana G. Ortiz Chief Financial Officer North Te xas Higher Education Authority, Inc. 0E7ro%. Higher Education Servicing Corporation 1250 E. Copeland Road, Ste. 200, Arlington, TX 760 1 1492 1 (817) 265-9158 / www.nthea.com MEMORANDUM TO: Mayor and Council City of Denton FROM: North Texas Higher Education Authority, Inc. DATE: October 7, 2005 SUBJECT: Request for Approval for Issuance of Student Loan Revenue Bonds As you know, the North Texas Higher Education Authority, Inc. (NTHEA) is required by law to obtain approval from its sponsoring cities for issuances of debt to finance its student loan secondary market program activities. The Authority last came to you in November 2004 for approval of $75,000,000 in taxable auction-rate securities and $100,000,000 in tax-exempt bonds. The proceeds of these issuances were utilized to refund maturing bond financings and acquire student loans from the Authority's participating lenders. In September 2005, NTHEA applied for and received a reservation for tax-exempt allocation under the state volume cap in the amount of $98.8 million. In the next six weeks, the Authority plans to make additional applications for tax-exempt allocations. Approximately $137 million of the Authority's current outstanding bonds will be maturing prior to December 2005, and the Authority's immediate purchases are expected to be at least $63 million. Consequently, the Authority proposes to issue $98.8 million of tax-exempt and $101.2 million of taxable variable rate demand notes in November 2005. In early 2006, the Authority will issue an additional $200 million in bonds, which will consist of a combination of tax-exempt and taxable bonds, the amounts of each to be determined by the allocations it receives from the State. Therefore, we hereby request that the City of Denton approve the issuance of a total of $400 million in student loan revenue bonds for the Authority. The proceeds of the bonds will be used to refund certain existing debt and to supplement recycled principal payments to acquire loans from lenders participating in the Authority's program, as well as to fund consolidation loans for certain of the Authority's borrowers who have loans with multiple lenders and can benefit from the consolidation program. The attached summary will provide you with details of the Authority's historical financing activities. Also, you may be interested to know that to date, NTHEA has acquired loans aggregating approximately $2.1 billion, of which approximately $1.1 billion is currently outstanding. As always, the City's support is gratefully acknowledged. NTHEA is proud to be in the sponsorship of a council who believes strongly in its stated purpose of providing students access to financial assistance for higher education. Should you have any questions or require further information, please contact: Kathryn Bryan, Executive Director North Texas Higher Education Authority, Inc. 1250 East Copeland Road, Suite 200 Arlington, TX 76011-4921 (817) 265-9158 Thank you again for your interest and support of the program. Enclosure 2 NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC. FINANCING ACTIVITIES December 1979--March 2005 Tax-Exempt Financings: Current Outstanding Credit Date Type Amount Purpose Balance Provider 1979 Series A $ 10,000,000 New Loan Purchases $ -0- None 1980 Series B 6,000,000 New Loan Purchases -0- None 1982 Series A 11,845,000 Refund Series A&B -0- AMBAC 1982 Series B 25,000,000 New Loan Purchases -0- AMBAC 1983 Series A&B 50,000,000 New Loan Purchases -0- AMBAC 1985 Series A 23,100,000 Refund 1982B -0- AMBAC 1987 Series 1987 98,000,000 Refinance Loans Held Under Line 87,750,000 Bank of of Credit America 1990 Series 1990 50,000,000 Refinance Loans Held Under Line -0- of Credit Lloyds Bank 1991 Series 1991A-F 153,500,000 Refinance West Texas Debt/New 50,000,000 AMBAC/ Loan Purchases Lloyds Bank 1991 Series 1991G 90,000,000 Refinance West Texas Debt -0- Mitsubishi 1993 Series 1993 A-D 140,000,000 Refinance 1991G Bonds/New 30,500,000 Loan Purchases Lloyds Bank 1996 Series 1996 A-D 43,000,000 Refinance Portion of 1991 35,000,000 AMBAC/ Bonds/New Loan Purchases Lloyds Bank 1998 Series 1998 40,815,000 Refinance Portion of 1993 40,815,000 Bank of Bonds/New Loan Purchases America 2000 Series 2000 A 67,580,000 Refinance Portion of 1991 & 1993 18,080,000 Bank of Bonds and Line of Credit America 2000 Series 2000 B 35,000,000 New Loan Purchases 35,000,000 Bank of America 2001 Series 2001 A 39,545,000 Refinance Portion of 1993 Bonds/ 37,545,000 New Loan Purchases Lloyds Bank 2003 Series 2003 73,400,000 Refinance Portion of 1993 & 2000 54,500,000 Bonds Lloyds Bank 2004 Series 2004 42,000,000 Refinance Portion of 1990 & 2001 42,000,000 Bonds Lloyds Bank 2005 Series 2005A 103,600,000 Purchase Loans from 1990, 1993 103,600,000 AMBAC/ and BOA LOC/New Loans DEPFA Total Tax Exempt Financings $1,102,385,000 $534,790,000 Finance Activities - 2005 NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC. FINANCING ACTIVITIES December 1979--March 2005 Taxable Financings: Current Outstanding Credit Date Type Amount Purpose Balance Provider New Loan Purchases and to 1986 Line of Credit $ 90,000,000 Refinance Loans Held Under $ -0- Fuji Bank Series 1983A and 1983B 1989 Line of Credit 100,000,000 New Loan Purchases -0- Sallie Mae 1990 Line of Credit 50,000,000 Interim Financing of Loans for -0- Bank One 1990 Bonds 1995 Four-year 25,000,000 New Loan Purchases -0- Sallie Mae Advance 1996 Line of Credit 50,000,000 New Loan Purchases -0- Fuji Bank 2000 Line of Credit 100,000,000 New Loan Purchases 100,000,000 Bank of America 2002 Series 2002 155,000,000 New Loan Purchases and to 155,000,000 ARC/Lloyds Refinance SLMA Line of Credit Bank Indenture 2003 Series 2003 30,000,000 New Loan Purchases 30,000,000 ARC/Lloyds Bank Indenture ARC/Lloyds 2003-2 Series 2003-2 150,000,000 New Loan Purchases 150,000,000 Bank Indenture AMBAC/ 2005 Series 2005B 71,400,000 New Loan Purchases 71,400,000 DEPFA Total Taxable Financings $821,400,000 $506,400,000 TOTAL FINANCINGS 1923.785.000 1.041.190.000 Finance Activities - 2005 S A0ur Documents\Resolutions1051NT Higher Education Auth Bonds CERTIFICATE OF SECRETARY THE STATE OF TEXAS § COUNTY OF DENTON § CITY OF DENTON § I, the undersigned, Secretary of the City of Denton, Texas do hereby certify the following: 1. On the day of , 2005, the City Council of the City of Denton, Texas convened in regular session at its regular meeting place in City Hall, with the duly constituted members of the City Council being as follows: Euline Brock Mayor Charlye Heggins Council Member, District I Pete Kamp Council Member, District 2 Jack Thomson Council Member, District 3 Perry McNeill Council Member, District 4 and Mayor Pro Tem. Bob Montgomery Council Member, At Large Place 5 Joe Mulroy Council Member, At Large Place 6 and all Council Members were present at said meeting, except the following: Among other business considered at said meeting, the attached resolution, entitled: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO THE ISSUANCE OF BONDS BY THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUCH BONDS AND THE USE OF THE PROCEEDS OF SUCH BONDS; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH was introduced and submitted to the Council for approval and passage. After presentation and due consideration of the resolution, and upon a motion by , seconded by , the resolution was duly passed and adopted by the City Council, to be effective immediately, by the following vote: voted "For" voted "Against" abstained all as stated in the official Minutes of the City Council for the meeting held on the aforesaid date. 2. The attached resolution is a true and correct copy of the original resolution on file in the official records of the City of Denton, Texas. The duly qualified and acting members of the City Council of the City of Denton, Texas, on the date of the aforesaid Council l S:%Our Documents\Resoiutions\05lNT Higher Education Auth Bonds meeting are those persons above named; and according to the records of my office, each member of the City Council was given advance notice of the time, place and purpose of the meeting, and that said meeting and deliberation of the aforesaid public business was open to the public, and written notice of said meeting, including the subject of the entitled resolution, was posted and given in advance thereof, in compliance with the provisions of Chapter 551, Texas Government Code. IN WITNESS THEREOF, I have hereunto signed my name officially and affixed the seal of said City, this the day of , 2005. Jennifer Walters, City Secretary City of Denton, Texas (Seal) 2 s:1Our Documentsaesolutions1051NT Higher Education Auth Bonds RESOLUTION NO. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO THE ISSUANCE OF BONDS BY NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUCH BONDS AND THE USE OF THE PROCEEDS OF SUCH BONDS; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the North Texas Higher Education Authority, Inc. (the "Authority") was established as a non-profit corporation, pursuant to the Texas Non-Profit Corporation Act, for the purpose of furthering educational opportunities of students by providing funds for the acquisition of student loans; and WHEREAS, the City of Denton and the City of Arlington have requested the Authority to exercise the powers provided for in Section 53B.47 of the Texas Education Code, as amended; and WHEREAS, pursuant to such request, the Authority has issued student loan revenue bonds or otherwise borrowed money to obtain funds to purchase student loans which are guaranteed under the provisions of the Higher Education Act of 1965, as amended, and additional funds are now needed to continue the program; WHEREAS, the Authority requests that the City approve the issuance of additional bonds to augment the Authority's student loan program; WHEREAS, the City wishes to approve the issuance of the Authority's bonds provided that City is not responsible in any way for such bonds, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council of the City of Denton, Texas, hereby grants its approval to the North Texas Higher Education Authority, Inc. to issue and deliver during the fourth quarter of calendar year 2005 student loan revenue bonds or other obligations, in one or more series, in an amount not to exceed $200,000,000, to consist of (1) student loan revenue bonds in the principal amount of $98,800,000, utilizing a 2005 Private Activity Bond Allocation, and (2) taxable student loan revenue bonds in a principal amount not to exceed $101,200,000. The bonds or other obligations are to be issued for the purposes of obtaining funds to purchase student or parent loan notes which are guaranteed under the Higher Education Act of 1965, as amended, refunding outstanding obligations of the Authority, setting aside the amount the Authority determines is necessary for a reserve and for operating costs, and paying the cost of issuing such obligations in accordance with the laws of the State of Texas, including Chapter 53B, Texas Education Code. SECTION 2. That the City Council of the City of Denton, Texas, hereby grants its approval to the North Texas Higher Education Authority, Inc. to issue and deliver during the first quarter of calendar year 2006 student loan revenue bonds or other obligations, in one or more series, in an amount not to exceed $200,000,000, to consist of (1) student loan revenue bonds utilizing a 2005 Private Activity Bond Allocation Carryforward and a 2006 Private Activity 1 S:\Our DocumentslResolutions1051NT Higher Education Auth Bonds Bond Allocation, and (2) to the extent such allocations are not available, taxable student loan revenue bonds or other obligations. The bonds or other obligations are to be issued for the purposes of obtaining funds to purchase student or parent loan notes which are guaranteed under the Higher Education Act of 1965, as amended, refunding outstanding obligations of the Authority, setting aside the amount the Authority determines is necessary for a reserve and for operating costs, and paying the cost of issuing such obligations in accordance with the laws of the State of Texas, including Chapter 53B, Texas Education Code. SECTION 3. That the City Council of the City of Denton, Texas, hereby grants its approval to the application of North Texas Higher Education Authority, Inc. for a 2005 Private Activity Bond Allocation Carryforward in an amount not to exceed $160,000,000, and hereby authorizes the Mayor to execute such application. SECTION 4. The City of Denton, Texas requests that the Authority exercise the powers enumerated and provided for in Section 53B.47, Texas Education Code, as amended, and that such non-profit corporation shall, in this connection, exercise such powers for and on behalf of the City of Denton, Texas and the State of Texas, as contemplated by Section 53B.47(e), (f) and (g), Texas Education Code, as amended. SECTION 5. The City of Denton, Texas does not agree to assume any responsibility in connection with the administration of the Authority's student loan program. Sole responsibility for the administration of the Authority's student loan program is assumed by the Authority. SECTION 6. Further, it is recognized by the City of Denton, Texas that the instruments which authorize the issuance of bonds, notes, or obligations by the Authority will specifically state that the City of Denton, Texas is not obligated to pay the principal of or interest on the bonds, notes, or obligations proposed to be issued by the Authority. Nothing in this resolution shall be construed as an indication by the City of Denton, Texas that it will pay or provide for the payment of any obligations of said Authority whether theretofore or hereafter incurred; and in this connection, attention is called to the Constitution of the State of Texas, wherein it is provided that a city may incur no indebtedness without having made provisions for its payment, and the City Council of the City of Denton, Texas hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obligation of the Authority. SECTION 7. It is hereby officially found and determined that the meeting at which this resolution is passed is open to the public, as required by law, and that public notice of the time, place and purpose of said meeting was posted, as required by law. SECTION 8. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR 2 S:\Our Documents\Resolutions\051NT Higher Education Auth Bonds ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDE CITY ATTORNEY 4 BY: 3 AGENDA INFORMATION SHEET AGENDA DATE: November 1, 2005 DEPARTMENT: Utility Administration ACM: Howard Martin, Utilities 349-8232 SUBJECT Consider approval of a water line oversize participation agreement between the City of Denton and Granite Properties Granite Point Phase I development for an amount not to exceed approximately $42,996.18.(The Public Utilities Board recommends approval 7-0.) BACKGROUND Granite Properties is developing Granite Point Phase I located south of Metro Road on the I35W service road (Exhibit 1). The developer has indicated in its initial plans that a 12-inch water line would be extended across the property (1,287 feet) to serve the development. The estimated cost of the extension is fifty nine thousand and sixty one dollars and thirty-three cents ($59,061.33). The City is requesting that this water line be oversized to a 16-inch line to facilitate future growth south of the development. The cost of the 16-inch water line is approximately one hundred two thousand and fifty seven dollars and fifty one cents ($102,057.51). The developer has requested an oversize agreement for this water line extension. The oversize participation from the City will be the difference between the 12-inch and 16-inch water line, which is approximately forty-two thousand nine hundred and ninety six dollars and eighteen cents ($42,996.18). Staff has reviewed the developer's estimates and is satisfied with the costs. OPTIONS 1. Participate in the oversize agreement 2. Do not participate in the oversize agreement RECOMMENDATION Staff recommends participation in oversizing the 12-inch water line to a 16-inch line. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item was presented to the Public Utilities Board at their October 24th, 2005 regular meeting. The Public Utilities Board recommends approval 7-0. FISCAL INFORMATION 12-inch water line cost estimate - $59,061.33 16-inch water line cost estimate - $102,057.51 Oversize difference - $42,996.18 BID INFORMATION Southern Mechanical Plumbing Inc submitted the water line cost estimates. EXHIBITS 1. Site Map 2. Cost Estimate 3. Ordinance 4. Agreement 5. PUB Minutes Respectfully submitted, Tim Fisher Assistant Director of Water Utilities Prepared by 'dt I I David Wachal Water Utilities Coordinator Granite Point Phase I Oversize Waterline Extension 1701 1601 2006 2008 2200 2200 f 2002 0 1 o 2929 1 1280 feet of 16" waterline t 1824 t 2300 2400 J 1 o 1 2500 0 0 1 ~ Feet 0 125 250 500 EXHIBIT TUl-r[LPrY 16-inch Water Line Cost Estimate 1287 LF w/auxiliary" $67.73 $87,168.51 3 EA 16-inch Gate Valve $4,963.00 $14,889.00 16" COSTS: $102,057.51 12-inch Water Line Cost Estimate 1287 LF w/auxiliary" $42.19 $54,298.53 3 EA 12-inch Gate Valve $1,587.60 $4,762.80 12" COSTS: $59,061.33 includes: ductlie iron pipe; MJ fittings w/blocking; tap and dead head assembly; connection to existing line; testing and chlorination; and removal of spoils EXHIBIT 2 ORDINANCE NO. 2005- AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SFT INDUSTRIAL, L.P. FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF WATER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to participate in the cost of oversizing water mains to be designed, installed, and constructed by SFT Industrial, L.P. in an amount not to exceed Forty -two thousand nine hundred ninety six dollars and eighteen cents ($42,996.18), in accordance with the applicable provisions of the City of Denton Development Code, §35.21.9.1 and 35.21.9.2; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is authorized to execute a Water Main Cost Participation Agreement Between the City of Denton, Texas and SFT Industrial, L.P. for the oversizing of approximately 1,287 linear feet of twelve ('12") inch water main to a sixteen ("16") inch water main; substantially in the form of the attached Agreement, which is incorporated herewith and made a part of this ordinance for all purposes; subject to SFT Industrial, L.P. entering into a Development Contract with the City of Denton, in accordance with the Denton Development Code, §35.16.20.2. SECTION 2. That the City Manager is hereby authorized to make the expenditures as set forth in the attached Agreement. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: 1 EXHIBIT 3 APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: S:AOur Documents\Ordinances\05\Water Main Cost Participation- S FT Industries-Ord-2005.doc 2 THE STATE OF TEXAS § COUNTY OF DENTON § WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SFT INDUSTRIAL, L.P. WHEREAS, SFT Industrial, L.P., hereinafter referred to as the "Developer", whose business address is 5800 Granite Parkway, Suite 750, Plano, Texas 75024, wishes to develop and improve certain real property named the "Granite Point, Phase I" (as shown in Exhibit I, attached hereto and incorporated herein by reference), located in the City of Denton, Texas or its extraterritorial jurisdiction; and is required to provide such real property with adequate collection capacity by designing, constructing and installing a water line of an inside diameter of twelve inches (12"), hereinafter referred to as the "Required Facilities"; and WHEREAS, the City of Denton, Texas, a Municipal Corporation with its offices located at 215 East McKinney, Denton, Texas 76201, hereafter referred to as the "City," in accordance with its ordinances, wishes to participate in the cost of the construction and installation of said water main to provide for an "oversized" water main to expand its utility system and insure adequate utility service to other customers; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein the Developer and the City do hereby AGREE as follows: 1. Developer shall design, install, and construct, approximately 1,287 linear feet of sixteen inch (16") water distribution line, and all necessary appurtenances thereto, hereafter referred to as the "Oversized Facilities" as shown on Exhibit I, attached hereto and incorporated herein by reference. 2. As required by Chapter 34 of the Code of Ordinances of City of Denton, Texas, Developer will enter into a Development Contract prior to beginning of construction of the Oversized Facilities. This Development Contract is attached hereto as Exhibit II and incorporated herewith by reference. This Agreement is subject to and governed by said Development Contract and any other applicable ordinances of the City of Denton, Texas. 3. Prior to beginning of construction of the Oversized Facilities, Developer shall obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements. The easements, deeds, and plats therefor obtained by Developer shall be reviewed and approved as to form and substance by City prior to the beginning of construction. If Developer is unable to acquire needed easements, Developer shall provide City with any requested documentation of efforts to obtain such easements, including evidence of negotiations and reasonable offers made to the affected property owners. Any easements for the Oversized Facilities obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the Oversized Facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title. EXHIBIT 4 4. City's share in the cost of the Oversized Facilities is based upon the difference in the cost of installing Required Facilities, as determined by City, and the cost of the Oversized Facilities, as determined by City, shall be in an amount not to exceed Forty-two thousand nine hundred and ninety six dollars and eighteen cents ($42,996.18), the maximum participation cost allowed herein. The City shall not, in any case, be liable for any additional cost because of delays in beginning, continuing, or completing construction; changes in the price or cost of materials, supplies, or labor; unforeseen or unanticipated cost because of topography, soil, subsurface, or other site conditions; differences in the calculated and actual per linear feet of pipe or materials needed for the Oversized Facilities; Developer's decision as to the contractors or subcontractors used to perform the work; or any other reason or cause, specified or unspecified, relating to the construction of the Oversized Facilities. 5. The City will make monthly payments for its share of the Oversized Facilities. The Developer shall submit monthly pay requests on forms provided by the City. The Developer's engineer shall verify that each pay request is correct. Each pay request, along with the engineer's verification, shall be submitted to the Engineering & Transportation Department of the City. The City will retain ten percent (10%) of the total dollar amount until the project is accepted. Payment by the City to the Developer will be made within thirty (30) days of receipt of the pay estimate and the engineer's verification. 6. To determine the actual cost of the Oversized Facilities, City shall have the right to inspect any and all records of Developer, his agents, employees, contractors or subcontractors, and shall have the right to require Developer to submit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the Oversized Facilities. 7. All notices, payments or communications to be given or made pursuant to this Agreement by the parties hereto, shall be sent to Developer at the business address given above and to the Assistant City Manager for Utilities for City at the address given above. 8. Developer shall indemnify and hold City harmless from any and all claims, damages, loss or liability of any kind whatsoever, by reason of injury to property or person occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard to the performance of this Agreement; and Developer shall, at its own cost and expense, defend and protect City against any and all such claims and demands. 9. If Developer does not begin substantial construction of the Oversized Facilities within twelve (12) months of the date of execution of this Agreement, this Agreement shall terminate. 10. This instrument embodies the entire agreement of the parties hereto and there are no promises, terms, conditions or obligations other than those contained or incorporated herein. This Agreement shall supersede all previous communications, representations or agreements, whether verbal or written, between the parties hereto with respect to the subject matter of this Agreement. 2 11. This Agreement shall not be assigned by Developer without the express written consent of the City. 12. Any and all suits for any breach of this Agreement, or any other suit pertaining to or arising out of this Agreement, shall be brought in a court of competent jurisdiction in Denton County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. EXECUTED in duplicate original counterparts by the duly-authorized officials and officers of the City and the Developer, on this the day of 2005. ' CITY OF DENTON, TEXAS A Texas Municipal Corporation By: Michael A. Conduff, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY n ;By: "DEVELOPER" SFT INDUS L, P. A Limited P ersh' By. David V. C ingham Director, Development & Construction ATTEST: TRAYCE LUTTRELL-FARRIS DEVELOPMENT ASSIS T f By. S:1Our DocumentslContracts%051Water Main Participation Agreement-SFT Industrial-2005.doc 3 DRAFT AGENDA PUBLIC UTILITIES BOARD OCTOBER 24, 2005 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, October 24, 2005 at 9:46 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Bob Bland, John Baines, Bill Cheek, Phil Gallivan, George Hopkins, Charldean Newell, Dick Smith EX OFFICIO MEMBERS Michael Conduff, City Manager Howard Martin, ACM. /Utilities CONSENT AGENDA: Approval of the Consent Agenda authorizes the Assistant City Manager for Utilities or his designee, to implement each item in accordance with the staff recommendations. The Public Utilities Board has received background information, staff s recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, or other matters to be brought before the Public Utilities Board to be considered and approved for payment or other action under Consent Agenda Items 1 through 3. Detailed information is attached to each Consent Agenda item. This listing is provided on the Consent Agenda to allow Public Utilities Board Members to discuss or withdraw an item prior to approval of the Consent Agenda. If the item is pulled from consideration for separate discussion, prior to its consideration, such item will be considered as the first item(s) taken up under the "Items For Individual Consideration" section of the agenda, set forth below. The remaining Consent Agenda Items will be approved with one motion, a second, and by a majority vote of the Public Utilities Board Members who are present. 1) Consider approval of a water line oversize participation agreement between the City of Denton and Granite Properties (Granite Point Phase I development) for an amount not to exceed $42,996.18. 2) Consider approval of the of the renewal of annual support maintenance for Denton Municipal Electric's Supervisory Control and Data Acquisition System (SCADA) Advanced Control Systems in an amount of $33,276, which is available from only one source. 3) Consider approval of a Professional Services Agreement for Architect or Engineer between the City of Denton, Texas and Freese and Nichols, Inc. for engineering services associated with the North-South Water Mains Routing Analysis Project, in an amount not to exceed $38,600. Board Member John Baines moved to approve Consent Agenda Items #1-3 with a second from Board Member George Hopkins. The motion was approved by a vote of 7-0. EXHIBIT 5 AGENDA INFORMATION SHEET AGENDA DATE: November 1, 2005 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Jim Coulter 349-7194 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of asphalt and concrete street sections and repairs for various city departments; providing for the expenditure of funds therefore; and providing an effective date (Bid 3345- Annual Contract for Asphalt and Concrete Street Sections and Repairs awarded to the lowest responsible bidder for each item, Jagoe-Public Company in the annual estimated amount of $2,000,000). BID INFORMATION The sections of this annual contract allows for turn key street projects up to approximately $250,000 to be constructed by the awarded contractor in a shorter time frame for both asphalt and concrete streets with various specifications for sections or templates. Each of the annual contract sections allow the City of Denton to get more projects on the ground in an expedited manner by combining the bid process into one annual activity. Projects estimated to exceed $250,000 may be competitively bid outside this contract agreement. RECOMMENDATION We recommend this contract be awarded to the lowest responsible bidder for each section, Jagoe-Public Company, in the annual estimated amount of $2,000,000. PRINCIPAL PLACE OF BUSINESS Jagoe Public Co. Denton, TX ESTIMATED SCHEDULE OF PROJECT This is an annual contract with an option to renew for additional one-year periods contingent upon all prices, terms and conditions remaining the same. Schedules for individual projects will be determined as notice to proceed letters are issued. Agenda Information Sheet November 1, 2005 Page 2 FISCAL INFORMATION Projects associated with this agreement will be funded from bond sales, certificates of obligation, CIP funds and or appropriate budget accounts. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AIS-Bid 3397 Attachment 1 BID 3345 DATE:09/27/2005 Annual Contract for Asphalt and Concrete Street Sections and Repairs EST. ITEM ANNUAL UOM DESCRIPTION VENDOR VENDOR VENDOR TY. Patco Jagoe-Public JRJ Paving, LP Utilities, Inc. Company Principle Place of Business: Gran Td Prairie, Denton, TX Denton, TX 1 Remove and Replace 4" Concrete Sidewalk 1000 SY 500 to 2000 SY $42.50 $63.00 $64.00 3500 SY 2001 to 5000 SY $42.50 $63.00 $47.00 2 Remove and Replace 6" Concrete Pavement 1000 SY 500 to 2000 SY $54.90 $75.00 $76.45 3500 SY 2001 to 5000 SY $54.90 $65.00 $55.00 3 Remove and Replace 8" Concrete Pavement 1000 SY 500 to 2000 SY $59.50 $80.00 $91.10 3500 SY 2001 to 5000 SY $59.50 $70.00 $64.30 4 Remove and Replace 10" Concrete Pavement 1000 SY 500 to 2000 SY $67.50 $95.00 $88.95 3500 SY 2001 to 5000 SY $66.60 $90.00 $66.30 5 Remove and Replace 24" Curb and Gutter 1000 LF 500 to 2000 LF $24.80 $21.00 $53.60 3500 LF 2001 to 5000 LF $24.80 $21.00 $30.90 6 Remove and Replace 4" Asphalt 1000 SY 500 to 2000 SY $29.70 $16.00 $41.95 3500 SY 2001 to 5000 SY $29.70 $14.50 $37.20 7 Remove and Replace 7" Asphalt 1000 SY 500 to 2000 SY $51.97 $25.00 $54.50 3500 SY 2001 to 5000 SY $51.97 $23.00 $42.90 Attachment 1 EST. ITEM ANNUAL UOM DESCRIPTION VENDOR VENDOR VENDOR TY. Patco Jagoe-Public JRJ Paving, LP Utilities, Inc. Company Principle Place of Business: Gran Td Prairie, Denton, TX Denton, TX 8 Remove and Replace 12" Asphalt 1000 SY 500 to 2000 SY $87.10 $45.00 $82.50 3500 SY 2001 to 5000 SY $87.10 $40.00 $66.35 9 Adjust Manholes 1 - 100 EA Storm Water $515.00 $375.00 $400.00 1 - 100 EA Wastewater $515.00 $375.00 $400.00 10 1 - 100 EA Adjust Valves $395.00 $190.00 $300.00 11 Subgrade Stabilization - 6" 1000 SY 500 to 2000 SY $6.00 $10.00 $25.95 12 Lime Subgrade Stabilization - 8" 1000 SY 500 to 2000 SY $8.30 $10.00 $15.25 3500 SY 2001 to 5000 SY $8.30 $4.25 $6.15 13 Lime Subgrade Stabilization - 12" 1000 SY 500 to 2000 SY $9.00 $14.00 $13.10 3500 SY 2001 to 5000 SY $9.00 $6.00 $6.15 14 Cement Subgrade Stabilization - 8" 1000 SY 500 to 2000 SY $9.00 $10.00 $25.95 3500 SY 2001 to 5000 SY $9.00 $4.25 $6.35 is Cement Subgrade Stabilization - 12" 1000 SY 500 to 2000 SY $10.00 $14.00 $25.95 3500 SY 2001 to 5000 SY $10.00 $4.25 $6.60 Attachment 1 EST. ITEM ANNUAL UOM DESCRIPTION VENDOR VENDOR VENDOR TY. Patco Jagoe-Public JRJ Paving, LP Utilities, Inc. Company Principle Place of Business: Gran Td Prairie, Denton, TX Denton, TX 16 0 - 1000 TN Lime for Subgrade Stabilization - PH Series $125.00 $125.00 $128.00 17 0 - 1000 TN Cement for Stabilization - Atterberg Limits $95.00 $125.00 $121.60 18 700 LF Erosion Control - Silt Fence $425.00 $2.00 $4.00 19 750 SY Hydromulch $2.50 $5.00 $1.25 20 Unclassified Excavation 1 - 500 CY $7.25 $25.00 $57.05 501 -999 CY $7.25 $17.00 $33.25 21 Compacted Fill to 95% 250 CY 100 to 500 CY $48.00 $32.00 $89.70 750 CY 501 to 1000 CY $48.00 $25.00 $53.10 22 Removal of Concrete 250 SY 100 to 500 SY $8.75 $25.00 $49.50 750 SY 501 TO 999 SY $8.75 $18.00 $34.35 1500 SY 1001 to 2000 SY $8.75 $14.00 $27.80 23 Removal of Asphalt 1000 SY 2" Asphalt 500 to 2000 SY $7.00 $5.00 $11.80 1000 SY 4" Asphalt 500 to 2000 SY $7.20 $6.00 $12.00 1000 SY 6" Asphalt 500 to 2000 SY $7.80 $6.50 $13.80 1000 SY 8" Asphalt 500 to 2000 SY $8.40 $7.00 $14.15 1000 SY 10" Asphalt 500 to 2000 SY $8.80 $7.50 $14.15 1000 SY 12" Asphalt 500 to 2000 SY $9.10 $8.00 $15.35 Attachment 1 EST. ITEM ANNUAL UOM DESCRIPTION VENDOR VENDOR VENDOR TY. Patco Jagoe-Public JRJ Paving, LP Utilities, Inc. Company Principle Place of Business: Gran Td Prairie, Denton, TX Denton, TX 24 Asphalt Base Failure Repair by SY 250 SY 100 to 500 SY $18.00 $45.00 $71.55 1000 SY 501 to 1500 SY $18.00 $38.00 $42.45 Bid Bond Yes No Yes Yes Yes Service can be performed within days 15 3 15 from receipt of order. ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3345-ANNUAL CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM, JAGOE- PUBLIC COMPANY IN THE ANNUAL ESTIMATED AMOUNT OF $2,000,000). 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 therefor; 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. 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 3345 1-24 Jagoe-Public Company Exhibit A SECTION 2. 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 pur- chase 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. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents, and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. 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, CITY ATTORNEY BY: 3-ORD-BID 3345 Exhibit A BID 3345 DATE:09/27/2005 Annual Contract for Asphalt and Concrete Street Sections and Repairs EST. ITEM ANNUAL UOM DESCRIPTION VENDOR TY. Jagoe-Public Company Principle Place of Business: Denton, TX 1 Remove and Replace 4" Concrete Sidewalk 1000 SY 500 to 2000 SY $63.00 3500 SY 2001 to 5000 SY $63.00 2 Remove and Replace 6" Concrete Pavement 1000 SY 500 to 2000 SY $75.00 3500 SY 2001 to 5000 SY $65.00 3 Remove and Replace 8" Concrete Pavement 1000 SY 500 to 2000 SY $80.00 3500 SY 2001 to 5000 SY $70.00 4 Remove and Replace 10" Concrete Pavement 1000 SY 500 to 2000 SY $95.00 3500 SY 2001 to 5000 SY $90.00 5 Remove and Replace 24" Curb and Gutter 1000 LF 500 to 2000 LF $21.00 3500 LF 2001 to 5000 LF $21.00 6 Remove and Replace 4" Asphalt 1000 SY 500 to 2000 SY $16.00 3500 SY 2001 to 5000 SY $14.50 7 Remove and Replace 7" Asphalt 1000 SY 500 to 2000 SY $25.00 3500 SY 2001 to 5000 SY $23.00 Exhibit A EST. ITEM ANNUAL UOM DESCRIPTION VENDOR TY. Jagoe-Public Company Principle Place of Business: Denton, TX 8 Remove and Replace 12" Asphalt 1000 SY 500 to 2000 SY $45.00 3500 SY 2001 to 5000 SY $40.00 9 Adjust Manholes 1 - 100 EA Storm Water $375.00 1 - 100 EA Wastewater $375.00 10 1 - 100 EA Adjust Valves $190.00 11 Subgrade Stabilization - 6" 1000 SY 500 to 2000 SY $10.00 12 Lime Subgrade Stabilization - 8" 1000 SY 500 to 2000 SY $10.00 3500 SY 2001 to 5000 SY $4.25 13 Lime Subgrade Stabilization - 12" 1000 SY 500 to 2000 SY $14.00 3500 SY 2001 to 5000 SY $6.00 14 Cement Subgrade Stabilization - 8" 1000 SY 500 to 2000 SY $10.00 3500 SY 2001 to 5000 SY $4.25 is Cement Subgrade Stabilization - 12" 1000 SY 500 to 2000 SY $14.00 3500 SY 2001 to 5000 SY $4.25 Exhibit A EST. ITEM ANNUAL UOM DESCRIPTION VENDOR TY. Jagoe-Public Company Principle Place of Business: Denton, TX 16 0 - 1000 TN Lime for Subgrade Stabilization - PH Series $125.00 17 0 - 1000 TN Cement for Stabilization - Atterberg Limits $125.00 18 700 LF Erosion Control - Silt Fence $2.00 19 750 SY Hydromulch $5.00 20 Unclassified Excavation 1 - 500 CY $25.00 501 -999 CY $17.00 21 Compacted Fill to 95% 250 CY 100 to 500 CY $32.00 750 CY 501 to 1000 CY $25.00 22 Removal of Concrete 250 SY 100 to 500 SY $25.00 750 SY 501 TO 999 SY $18.00 1500 SY 1001 to 2000 SY $14.00 23 Removal of Asphalt 1000 SY 2" Asphalt 500 to 2000 SY $5.00 1000 SY 4" Asphalt 500 to 2000 SY $6.00 1000 SY 6" Asphalt 500 to 2000 SY $6.50 1000 SY 8" Asphalt 500 to 2000 SY $7.00 1000 SY 10" Asphalt 500 to 2000 SY $7.50 1000 SY 12" Asphalt 500 to 2000 SY $8.00 Exhibit A EST. ITEM ANNUAL UOM DESCRIPTION VENDOR TY. Jagoe-Public Company Principle Place of Business: Denton, TX 24 Asphalt Base Failure Repair by SY 250 SY 100 to 500 SY $45.00 1000 SY 501 to 1500 SY $38.00 Bid Bond Yes No Yes Service can be performed within days 3 from receipt of order. AGENDA INFORMATION SHEET AGENDA DATE: November 1, 2005 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Jim Coulter 349-7194 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of soil, sand, lime and aggregate for various city departments; providing for the expenditure of funds therefore; and providing an effective date (Bid 3397-Annual Contract for Purchase of Soil, Sand, Lime and Aggregate awarded to the lowest responsible bidder for each item, in the annual estimated amount of $2,000,000). BID INFORMATION This bid is for the annual supply of soil, sand, lime and aggregate utilized by various City departments in the maintenance and new construction of streets, utility lines, street cuts and backfilling operations. These materials are ordered on an as needed basis. RECOMMENDATION We recommend award of this bid to the lowest responsible bidder for each item as listed on Exhibit A of the ordinance for an estimated annual amount of $2,000,000. PRINCIPAL PLACE OF BUSINESS B&B Sand Company Beall Concrete Enterprises Chemical Lime LTD Aubrey, TX Euless, TX Hurst, TX Cooke County Stone Denton Sand & Gravel Hanson Aggregates Bridgeport, TX Denton, TX Irving, TX Martin Marietta Materials Tim Beatty Lewisville, TX Denton, TX Item 3a was awarded to Tim Beatty Builders after applying the 5% local vendor preference. Item 4 will not be awarded at this time since no bids were received for this item. The apparent low bidder on Items 8 and 8a, Cooke County Stone, did not meet specification in regard to the content size of the flexible base. Agenda Information Sheet November 1, 2005 Page 2 ESTIMATED SCHEDULE OF PROJECT This is an annual agreement with an option to renew for an additional year if agreed upon by both parties. FISCAL INFORMATION Funding for each individual order will come from the appropriate budget or bond account of the using department. Respectfully submitted: 1.;7- Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AIS-Bid 3397 J m 0 J - m m m m m m m m m m m m m m m m m m m m Z i O O O O O O O O O O O O O O O O O O O O U = Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z O t U N m U X -0 -0 O -0 O -0 O -0 O -0 O -0 In -O_ O LL m ~ O O O 0 T c m LO m O m In m U m U m U~ E U m U~ m m U~ Z ° O M O ao O ao O 00 O 00 O 00 O 00 O In O M O 00 w m o z Z E» Z Z Z Z Z Z Z Z H m a3 a) x U U U 0 H 0 -6 -6 O In U LO 0 0) co m co co co m co m co m In m m m N m r- m m m Z Q C O O O O O O O O O O I- O O O LO O LO O O O O Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z N C a3 2 U ~ J 0 N U U U U U U U U U U U U U U p In U U p In 0 O N N m m m m m m m m m m m m m m In N m m In N Z N O O O O O O O O O O O O O O ~ 7 O O ~ N U O Q Z Z Z Z Z Z Z Z Z Z Z Z Z Z 6% Z Z Eg rnU 00 06 c 0 ° O O O In O O OD O r- o L 0 U> O In O In O O) U M U V U M U M U : m M U M N O I: N O M O O r O O O O O r: o O! O O U ; C) 6% 6% 6% 6% 6% 6% 6 v) 6 v) 6 v) 6 v v) z 6% rn v) a) 04 04 04 04 04 04 Q a o Y m 0- O U U U_ Q > Y U T O O U D U U T > C C y -0 O O d d U U 0 cYi d U U U y y y y c a c o Q a O U U X X ~ 3~ U U U ~ O C C Y d U U D 0 O 3 y0 7 d d Q N d U Y U Y m m M y M C C m m a3 cu y s' d U Q U U U Q Q Q O O a3 a3 O O O 0 ll.l Q a) > Y ~ O O N U N 0 0 m m U U U T > y ' o U d _T m U U N N - - N a) w w N N :3 cn 06 D N U D U D T U D w w (j (j M M s s 0 Q 0 o a) i i _ _ m y a) y a) y y N N N 3 N N m Y Y U 0 N a5 a3 m N m N m a Y N W 00 N a) U U 0) U 0) U 0) 0) .0 M M 3 C C a) a3 a3 -6 -6 U U U U d U d U d a) a) a) LLI N N N m O m m m C C C C '0 -0 0) ol M ol 0) 0) U U C > C C w o Z U U in U) (j (j Q o Q o Q Q as as ° d o O C7 d O U U c -o -0 3 3 ° ° (9 (9 U) U in 0 in in U = = as (3 a) a) o o y t y y y o o o 0 Q a3 U O O U U C C C C m m 2 N 2 N d) d) Q Q d) N d) N d) d) W U U d d as (U 3 3 ° ° t t t t d U _0 m m U U U U U U m m N 0 N 0 N N D d N a a d d as as y°° y a a d d z a LL LL U U a a U U co) co) co) O H H U n U N U U co C J d O ~ } } } } } } N N N N N N N N N N N N N N U O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O LL H Q Q O O In Z Z O O p p p p O O O O O O O O O O O O p O O p p O O O O O O O O O O O O N O Q CY In In LQ V co co co co m M M M F M Q V1 D co z cu 0 Q O N N M M In M M r o0 00 0 0 Z O O T I J N 0 6 6 6 6 6 6 6 6 6 6 0 O O ~ > p J m m m m m m m m m m m V V m Z N O O O O O O O O O O O 0 N N ~ W OD N -0 U = Z Z Z Z Z Z Z Z Z Z Z 6% 6% = N O t U N N U x 3 0 m _0 O _0 O _0 O U U U U U U U N p > E E U~ Fn O Fn U~ m m m m m m m Q Z y0 O OD O N O W O O O O O O O Z u m 0 Z Z Eg z Z Z Z Z Z Z Z N H N m N O m LL 0) d O U U U U U U U U U 0 0 U (6 0 0) In N co O m (\I m m m m m m m m a Z Q _C r~ O O) O r~ O O O O O O O O O N W c z Z Z Z Z Z Z Z Z Z N d m m = m` Ca O p U~ N m m m m m m m m m m m m m = t Z O O O O O O O O O O O O O N U O 0 Z Z Z Z Z Z Z Z Z Z Z Z Z 0) U 00 06 p 0 (U ~ 7 N 7 O 7 O _0 _0 _0 _0 _0 _0 _0 ~ p U) > U (O U M U a0 m m m m m m m (U E Z (i6 O O ON O N O O O O O O O O 0) N EA Z Z Z Z Z Z Z U ; N O) 6% 0 6% (6 0 p 6% 04 (1) 04 6% 6% U Q U ~ ~ N N N N ~ ~ C C C C N N N N N V) H H H H C C d d U O U U j O O U) U) 06 06 U N Z Z ZO Z 0 _0 _0 0 o y a N V) d ) o u u u u U w U p LLI -j 2 - - 2 2 2 J w N C C O y0 p p N N N N N J N N O N N Z 0.6 0) O O N 0) a) a) C C C C C '6 p p p 0 Q p O N O O O O O y Y Y J Y Y J W C O O N N N N 0) (p U U U U d i i i i E E y J J N o y E E E E E T ll.l CO J J U N N E E U J J J J J co = E E U) E E O -NY O J J O 0- 0- 0- 0- 0- Z Q 3 3 m 3 3 C7 d o 0 o a a Y Y o - , cu cu cu cu O d E E d E E U U F Q Q N O Q O Q Q Q Q Q C C T C C Q - 3- O - - 3 d W H d N N > W 00 p d U d v U v _ _ _ _ _ fn - - O- Q p V V M Q M N W N 'IT OZ p M M m m U) C O ~ N N N N N N N N N N N N N U) 0 J d O O O O O O O O O O O O O p H H H H H H H H H H H H H O LL H Q Q LO Z z O O O O O O O O O O O O O N Q O O O O O LO LO O O O O O O O W O D ~ U F N_ cr) M O) N Lij Q D V (O 00 O) O p Q Z O C-4 cu cu 00 0 Q Z U O y y O O O O p d o co co co co co co co co co co co co co co LO c m co O O) z O J 0- a) O O O O O O O O O O O O O O c rn O O LO rn W U O) z z z z z z z z z z z z z z 6% 6% z z 6% 6% > d o Y m O O U a) N N x O U N p O Q N m m m m m m m m m m m m m m m m m m m m z U O O O O O O O O O O O O O O O O O O O O W - 3 z z z z z z z z z z z z z z z z z z z z W W co W Y Y T T T T Y Y Y Y O '6 O O O '6 O O z M (Z O O Ln O Ln O M O M O L2 O L2 O O O O U) m O r- M r- z 6% z 6% z 6% z 6% z ~V z z z 6% r- od ¢ M M M M M M co O X ~ N N ~ O O N 6_ 6_ 6_ 6_ 6_ 6_ 6_ 6_ O O 'O_ 'O_ O O LO In O O O O p O= m m m m m m m m In m m In O N LO O 0 O z y N O O O O O O O O O O (O M Lri N z z z z z z z z 6% 6% z z 6% 6% 6% f;; O J C N Q O U d Q O U U O- N ~ U ~ O O Q v U o 0 U Q U U Q 7 y0 T T U O O 0 :t! d d U U D v U U U a o y > x c a c o Q d ~ 0 _0 y X ~ 3 Y Y y ~ o X U U Y U U a) N N Y 0 o ~ a) a) c 'Q c d U ° > a o Y U Y 0 M> M> a) a) as cu 0 a) m U U Q Q Q O O a3 a3 m m U Q W V Q j 2: Y T O O N U N Q Q m m U U T i i :3 o W U Q Q m m 90 90 C C R'S p N U Q U Q w w U U M M Q Q O Q O O W C ' ' _ _ m y a) y a) y y m m N 3 N N m m Y Y U Qi d d a5 (6 a3 a3 a3 a3 LL LL a0 Y co 00 00 Q o U U 01 U O) U O) O) U M M O a3 '6 '6 U U m m m m 'Q m U co fn fn co co -o -o m~ U) U) rn~ m m _0 _0 W Z M M O O d d m m 0) m o o 0 0 o O iA A o o U U U U Q d Q d Q Q iA U U) Q U) U) t U U o o o 0 U as U o o U U as as d m m O O Q Q d y d y d d U) U) d W 3: 3: U U U d d C C U U U a) a) N a) N a) N N rn Q Q _ _ Q Q 3 d 3 d 3 3 Z O- a a U U LL LL co co U U U U U N U N U U U C co J d O ~ } } } } } } N N N N N N N N N N N N N N C C C C C C C C C C C C C C U) O O O O O O O O O O O O O O O U U U U U U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O LL H Q Q ~ z O O p p O O p p O O O O O O O O O O O O Z z O O O O O O O O O O O O O O O O O O O Q cy In In - - C4 C - - co co co co m M M ~ N U r r r r r r r r N_ F M O Q N Li m W m Q Q Z N N M M LO M M r M co O r-li O O 0 U X ~ O y - o 0 0 -o O O '0 '0 '0 '0 '0 '0 '0 H N p d o co co co co O m m m m m m m Z O J N O O O O O O O O O O O N W U rn Z Z Z Z M• Z Z Z Z Z Z Z N 0) U Y m O O U 0) N X m O U N '0 '0 '0 '0 '0 '0 '0 '0 '0 '0 '0 00 O p N 06 p O a N m m m m m m m m m m m O LO LO O N Z U V) O O O O O O O O O O O V N N O M t U CF) W - 3 Z Z Z Z Z Z Z Z Z Z Z 6% o M > N W W co LL X d LL O '6 O '6 In O O O O O '6_ '6_ N 0 T m O m O m N O O O O O m m Z (6 (0 d O In O O V N 00 O N V O O -O co w U) -0 m Z 6% Z 6% Z 6% 6% 04 cq (1) m (1) 6% 6% 6% 6% Z Z V Q of m y U U U X 0) 0) 0) 0) N H 0) 0) 0) X O N 0) O O O LO O O U U U U H N N . = O U~ LO r- O U~ 0) 0) 0) m m m m p Z 2 M 6 M O N U U U O O O O U _0 w cu » 6% » 6% » 6% N O O Z Z Z Z U N r u J CF) N N N N ~ 63 63 V3 CCD C T U U ~ U a--~ ~ N N N N C C C C 0) 0) N N H H H H C C d d U o a U U 3 O O co co Z Z Z 06 06 U d O Z O ° > H H y o O u u u u Q Z -C -C . LLI U) U) 2 h = = E > > o > > x W N C a) a) C =1 D J 0) 0) 0) 0) Z O 0) -o p p E U) p Q 0.'j p O O C C p O O O O O 0) Y Y J W N N N N U U i Y Y J O O N 6 U U d Q U E E> J J d d y E E E E E > H H 2 H H m J J U N (6 E E U J J J J J m x E E U E E W ~ O Y Y O ~ ~ J J O Q Q Q Q Q Z Q 3 3 co 3 3 C7 d o 0 o a a Y Y o O d E E d E E U U F O O O Q O C C T C C Q d N 3 N > 00 00 3 N p 0) U 0) U V N N 00 V O (O 3 3 Z O- Q p M p m m Q V V M Q N M M U U C J d O ~ N N N N N N N N N N N N N C C C C C C C C C C C C C U O O O O O O O O O O O O O O w H H H H H H H H H H H H H O LL H Q Q d' D LO Z Z O O O O O O O O O O O O O \ U Q O 04 04 - - O O O (O (O O O O O O O W ~ N U O N F M d) Q N W D W N V d) O p Q Z p Z i 1 (O TW co 0 Q ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF SOIL, SAND, LIME AND AGGREGATE FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3397-ANNUAL CONTRACT FOR PURCHASE OF SOIL, SAND, LIME AND AGGREGATE AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM, IN THE ANNUAL ESTIMATED AMOUNT OF $2,000,000). 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 therefor, with the exception of item 3a, which was awarded to Tim Beatty Builders, whose principal place of business is located within the city limits of Denton, Texas, and who will offer the City the best combination of contract price and additional economic development opportunities for the City created by the contract award, including the employment of local residents of the City and increased tax revenues to the City; 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. 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 3397 1 Denton Sand and Gravel Exhibit A 3397 6,12 Hanson Aggregates Exhibit A 3397 la, 2a, 3a Tim Beatty Builders Exhibit A 3397 19 Chemical Lime Ltd. Exhibit A 3397 5,5a,7,70,80,9a, Martin Marietta Exhibit A 11,11a, 12a,13,14,15,16 3397 2,3,4a,6a,17,18 B & B Sand Exhibit A 3397 20 Beall Concrete Enterprises Exhibit A 3397 10,10a, 13a Denton County Stone Exhibit A SECTION 2. City Council finds that the factual recitations are true, and that the bids submitted by Cooke County Stone did not meet specifications and are therefore rejected. SECTION 3. 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 pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 4. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-ORD-BID 3397 y X 0 U 0 -j a) 0 o rn 0- rn w Y 0) 6% 6% > U) _0 O U m d d X O = N Q N U 2- z I N w m o d d > U w w Y X o 0 m - T T O o_ Y Y In m a) T Q R'S u d 0 0 M In w m c m Q LO EA EA a3 3 > U) Q fA fA cu x N N Q 9 LO 9 r- LO 'IT 7 (6 ~2 lw 'D) 6% 6% 6% 6% 6% 6% 6% 6% > cu m c~ J O V Q d N Z d w t 7 > U ~ x m ° O O O i ~ 0 U) Z m O M 06 06 w m c 6% 6% > O O Cu O Q 0) LQ Q N Z c a) 0) r- > x Q L x LLJ O in > ~ ° Q E O Z o 6% p p Y Q O U O- Y U T O O U ~ U o 0 U U U T j 00 C C y 6 D O O d d U U v U U U y y y y c a c 0 Q a o U U X Xk 3k -0 U U Z C C Y m U O U O O U p N N U Z Q O 3 m m V 'Q V a) w w _0 0 a m LLI -Ne cu cu :t! a) Y O d U ` ° 0 ` U U Q y Q 0 0 o m m a) a) U 0 J d Q a) U U > Y O O N U N i p p m m U i i V) V) 06 w o o oo oo n n w U N U D a d 0 U U H N N U p w w U C U C M M X X O Y O d 0 C ' ' = = a) ' U U y a) y a) y y m m NU N a) .N -o -o Y Y U p d d d LL LL co ap > ao ao w m m U U N as cu y 0) U 0) U 0) 0) y it M M Q as as -o -o fA fA d U d U d d d U d p d d co C7 Z d d co co o _0 -0 U 0) 06 0) 06 0) m o o d a) 0) 0) 0) 0) O O O O U Q Q Q Q N N Q O F U U d d U - - U U y t y t y y N N Z d w _0 _0 a aU) > 0 Q N C C m m N T 3 T 3 3 Q U U (3 Q 0 O O a) O O O O y J .U LL LL u) u) d 3 0 U U U U U U U U U U U O ~ d ~ ~ ~ ~ ~ ~ N N N N N N N N N N N N N O O O O O O O O O O O O O O U U U U U U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ H U d' J ~ Z F: O O O O ° O O O O O O O O O O O O o LO LO N w z In In 00 00 00 00 M M O O O O M M O) ~ J Q M Q Li J p Q Z O N a5 a5 a5 In O M 0 - W 0 O 0 O co 0 Q Z N M V In M o0 d) y X 0 0 a r O N Z m w Y O 0) fA N > 0 (n _0 !n U m a) aNi X 06 O O y o > W m 0 N N ~ > M M ' 0 M C U 3 W W li Y X O m N ~ O O T Z R'S d N V M (1) w 6% 6% > U) Q m x O a3 ,N m O O In O In a) O a) O a) H N 0 - O In O N N N T Z N > ~2 (O > N > N > U -0 w D) 6% 6% 04 cq yam-„ EA EA EA 6% 6% ) U N a3 m c~ J a5 6 O O N O m m N N N N Z a) E 0) w c > U x x ~ y X O i ~ N 0 a) 0 Q Z m = 0 m Z -0 ~ m 0 N O O m O N Q 0 V) 0 rn Q 0- U Z c rn 7L- w d co > x 0) 6% O L Q LL x W O (n > ~ ~ 0 m z O a3 0 01 _0 w C~ 0 U N > m ~ r 0 ~ ~ N N N N ~ ~ C C C C d d -C -C C C O fn U) 3 O O 06 06 U Z Z Z Z -0 -6 O- > C C 0 LLI O t -C y ~ O O II II II II ~ ~ a U o fn U) U Iz W U y O O O O J J m m m m m J m m N m m x H W N 0 0 N N a) s= s= s= s= s= -0 0 0 E 0 0 Z (n 0 C N N O O O O O N Y Y J Y Y Q O O O O N N N N N (p U U U U J W N d 1D V; d d d d d 2 2 U J m 2 ~ ~ (n ~ ~ co J J y O- O' E E J J J J C7 U m m Z E E E E Q O Y !Z Y y0 J !Z J O !Z !Z !Z !Z !Z Q 3 3 co 3 3 0 a5 a5 a5 a5 a5 a) 0 m 0-0 a a Y Y; m m m m m F d E E d E E 'E 'E 0 m W v o v o _a _a _a _a _a Y Y Q co OD a > w w w w w cn - - U a y V V M c y c N 'IT (D J .U = U= 0 U M D N W OM M m m O ~ d N N N N N N N N N N N N N O O O O O O O O O O O O O O O LL H H H H H H H H H H H H H H U d' J In Z F j O O O O O O O O O O O O O O cn z O O O O O O O O O O O O O N U W Z 0 N N In In V V N OD d) ~ J Q M Q ~ W J 6 co 0 Q = _ _ m V (O W d) Z O AGENDA INFORMATION SHEET AGENDA DATE: November 1, 2005 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Sharon Mays 349-8487 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance approving the expenditure of funds for the purchase of the renewal of annual support maintenance for Denton Municipal Electric's Supervisory Control and Data Acquisition System (SCADA) 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 3415-Renewal of SCADA Maintenance Agreement awarded to Advanced Control Systems in the amount of $33,276). (The Public Utility Board approved this item by a vote of 7-0). FILE INFORMATION This post-warranty maintenance agreement is for software and hardware support for the Advanced Control Systems (ACS) Supervisory Control and Data Acquisition (SCADA) System. This system is very sophisticated in its design. It combines hardware from several manufacturers with software that is proprietary to ACS. The SCADA system controls and monitors the entire electric system. A support agreement covering hardware and software is critical to the continued safe operation of the electric system. Denton Municipal Electric is currently covered under an ACS support agreement that expired October 1, 2005. Chapter 252 of the Texas Local Government Code exempts from the competitive bid process, those supplies and resources protected by copyright or patent and available from only one source. This maintenance agreement falls in this category. PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board approved this item at its October 24, 2005 meeting. RECOMMENDATION We recommend approval of File 3415 in the amount of $33,276. PRINCIPAL PLACE OF BUSINESS Advanced Control Systems Norcross, GA Agenda Information Sheet November 1, 2005 Page 2 ESTIMATED SCHEDULE OF PROJECT This agreement will be in effect from October 1, 2005 through September 30, 2006. FISCAL INFORMATION Funding for this item is available from DME accounts 600400.6528.5700 and 600400.6528.5920. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Maintenance Agreement Proposal Attachment 2: Sole Source Letter 1-AIS-File 3415 Attachment 1 10 Y 11Md"M v. t c =liw AV . I.Y. X01` ~~1gi3P~y~flf@6~; 04 AO NCMCONTROLSYSTEMS' Attachment 2 2755 Northwoods Parkway Norcross, GA 30005 (770) 446-8854 October 19, 2005 Mr. Brad Gibbons Denton Municipal Utilities 1701 C Spencer Road Denton, TX 76205 Dear Mr. Gibbons: Advanced Control Systems (ACS) provides support for its products that is recognized in the electric distribution industry as world-class. Because of the provision of unique support services to Denton Municipal Utilities as well as the custom nature of ACS'S software, the support is indeed sole-sourced through ACS. Please do not hesitate to contact me with any questions or clarifications you may have. Best regards, Jeffrey Smith Director, Support and Services ORDINANCE NO. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF THE RENEWAL OF ANNUAL SUPPORT MAINTENANCE FOR DENTON MUNICIPAL ELECTRIC'S SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM (SCADA), 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 3415-RENEWAL OF SCADA MAINTENANCE AGREEMENT AWARDED TO ADVANCED CONTROL SYSTEMS IN THE AMOUNT OF $33,276). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including: items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached hereto are hereby approved: FILE NUMBER VENDOR AMOUNT 3415 Advanced Control Systems $33,276 SECTION 2. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section I, and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY - e BY: 4-ORD-File 3415 AGENDA INFORMATION SHEET AGENDA DATE: November 1, 2005 DEPARTMENT: Transportation Operations ACM: Howard Martin, 349-8232 SUBJECT Consider the adoption of an ordinance leasing parking spaces located on the Williams Trade Square to the Denton County Transportation Authority; and providing for an effective date. (The Denton County Transportation Authority Board approved 9-0.) BACKGROUND On September 30, 2005 the City of Denton transferred the LINK Public Transportation System to the Denton County Transportation Authority (DCTA). To maintain current service levels, it is necessary for DCTA to lease a portion of the Williams Trade Square parking lot. LINK has operated LINK Central, the central transfer station for the bus system, from this location for the past three years. The lease has a one-year primary term with an option to renew for an additional 12 months upon written notification. Each party has the opportunity to terminate the agreement upon providing a 90-day written notice. RECOMMENDATION: Staff recommends approval of the proposed lease. PRIOR ACTION/REVIEW: The Denton County Transportation Authority approved the proposed lease at the September Board meeting by a vote of 9-0. The City Attorney's Office has reviewed and approved lease. FISCAL INFORMATION: The proposed lease states 27 parking spaces will be leased at $17.50 each, per month. This will result in $472.50 monthly rent or an annual rent payment of $5,670 for FY 2006. EXHIBITS 1. Ordinance 2. Lease Agreement Respectfully submitted: Mark Nelson Chief Transportation Official s: 10is➢o_wtl0rdmzKa OSLWilfia T,' d. sqo DCTA LweAm ORDINANCE NO. - i i AN ORDINANCE LEASING PARKING SPACES LOCATED ON THE WILLIAMS TRADE SQUARE TO THE DENTON COUNTY TRANSPORTATION AUTHORITY; AND PROVID- ING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has improved and maintained the area known as the "Williams Trade Square"; and WHEREAS, such improvements include paved parking spaces; and WHEREAS, the City of Denton desires to continue to lease 27 parking spaces in the Wil- liams Trade Square to the Denton County Transportation Authority for its use to conduct public transportation services; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager of the City of Denton, Texas, is hereby authorized to execute a lease between the City of Denton and the Denton County Transportation Authority to lease 27 parking spaces at the "Williams Trade Square," a copy of which agreement is attached hereto and incorporated by reference herein. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2005. EULINE BROC MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ED SNYDER, INTERIM CITY ATTORNEY BY: EXHIBIT 1 THE STATE OF TEXAS § AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY TRANSPORTATION COUNTY OF DENTON § AUTHORITY LEASE AGREEMENT This Agreement is made and entered into by and between the City of Denton, Texas, hereinafter referred to as Lessor, and the Denton County Transportation Authority, Texas, hereinafter referred to as Lessee. yVITNESSETH: 1. Lessor leases to Lessee and Lessee leases from Lessor twenty-seven (27) parking spaces at the Williams Trade Square for a period of twelve (12) months commencing on October 1, 2005 and ending on September 30, 2006 (Initial Term), at a monthly rate of seventeen dollars and fifty cents ($17.50) each. 2. Lessee will pay monthly rent in the amount of $472.50 on the 1't day of month or may pay the annual rental fee of $5,670 no later than the 1' day of October 2005. 3. Lessee shall have the option to extend the terms and conditions of the Lease for an additional twelve (12) month period provided that Lessee give Lessor written intent of not less than sixty (60) days notice prior to the termination of the Initial Term. 4. Lessee shall have access to the 27 parking spaces located in the northeastern corner of the Williams Trade Square parking lot as drawn and identified in Exhibit A. Lessee shall have exclusive access to parking spaces identified as Numbers 69-83 and 95-106 and the island area labeled as LINK Central on Attachment "A" (Premises'}. Lessee may access and depart the leased premises via either Hickory Street or Mulberry Street. 5. Lessee shall be provided the right and opportunity to conduct public transportation services from the Premises depicted in Attachment A. 6. Lessee shall be responsible for the grounds and maintenance of the Premises to include but not be limited to the repair of pavement to be repaired by Lessor but paid for by Lessee, marking of access lanes, repair and maintenance of existing passenger amenities (benches, shelters, signage), maintenance of grounds to include mowing and trash service. Lessor will enforce towing of unauthorized vehicles upon notice by Lessee. 7. Lessee agrees to (i) allow Lessor to have free access to the Lease Premises; (ii) to leave the Lease Premises, on termination of the lease agreement, in good repair, and (iii) not assign its leasehold interest or sublet the Lease Premises or any part thereof without the prior written consent of Lessor. To the extent allowed by law, Lessee Page 1 of 3 shall indemnify, hold harmless and defend Lessor from any and all claims, actions, causes of action, liability, damages or loss resulting from the use of the Lease Premises. Further the Lessor assumes no responsibility or liability for harm, injury, or any damaging event which are directly or indirectly attributable to premises defects which may now exist or which may hereafter arise upon the premises. 8. Notwithstanding anything contained herein to the contrary, the Lessor and Lessee may terminate this lease agreement, including any extension thereof, at any time by giving Lessee or Lessor 90 days advance written notice of termination. In such case, Lessor shall refund to Lessee those portions of annual rental already paid that are attributable to the time period after termination. 9. All notices and payments may be sent to the Lessor and Lessee at the following addresses; except that notices may be sent via facsimile to the fax numbers below. To Lessor: Jon Fortune Assistant City Manager City of Denton 215 E. McKinney Denton, Texas 76201 Fax No. 940.349.8596 To Lessee: John Hedrick, Executive Director Denton County Transportation Authority 1660 South Stemmons, Suite 250 Lewisville, Texas 75067 Fax No. 972.221.4601 IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective the day of , 2005. LESSEE LESSOR Denton County Transportation Authority City of Denton 1660 South Stemmons, Suite 250 215 E. McKinney Lewisville, Texas 75067 Denton, Texas 76201 CHARLES EMERY HONORABLE EULINE BROCK CHAIRMAN MAYOR Page 2 of 3 S:1Our Documents\Cont<acts1051DCTA Williams Trade Sq Ise 3d (2).doc ATTEST: ATTEST: JASON PIERCE, SECRETARY JENNIFER WALTERS, DENTON COUNTY TRANSPORTATION CITY SECRETARY AUTHORITY BY: BY: APPROVED AS TO LEGAL FORM APPROVED AS TO LEGAL FORM RIDER SCOTT, LEGAL COUNSEL EDWIN M. SNYDER, CITY ATTORNEY BY: BY: Page 3 of 3 Hick f 6EA r r hw r r r a s a *fiR r N A.ue AGENDA INFORMATION SHEET AGENDA DATE: November 1, 2005 DEPARTMENT: Transportation Operations ACM: Howard Martin, 349-8232 SUBJECT Receive a report, hold a discussion and provide a recommendation on a resolution approving the Eisenhower Protocol. (The Mobility Committee recommends approval 4-0). BACKGROUND Irving Mayor Herbert Gears has invited the City of Denton to join the City of Irving and many of the other communities, organizations and individuals who attended the 8th Annual Texas Transportation Summit held in August 2005 to assist in a nationwide effort to establish a National Multimodal Transportation Policy. The Eisenhower Protocol is "a vision for the United States in Multimodal Transportation and Economic Development." It is a pledge to promote the improvement of the local and regional transportation infrastructure through innovative solutions that will enhance the quality of life and economic freedoms for citizens of the United States. RECOMMENDATION: The Mobility Committee and Staff recommend approval of the resolution. PRIOR ACTION/REVIEW: The Mobility Committee has reviewed and approved the Protocol. The City Attorney's Office has reviewed and approved Protocol. FISCAL INFORMATION: No commitment to funding is required. EXHIBITS 1. Resolution 2. Minutes Respectfully submitted: Mark Nelson Chief Transportation Official ` S:lour Documents\Resolutions145Uv4obility Commirteeldoc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, PROMOTING AND SUPPORTING PUBLIC MULTIMODAL TRANSPORTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton continues to encounter new and unique challenges to provide the safest and most efficient transportation opportunities possible; and WHEREAS, the City of Denton desires to pursue novel transportation solutions to ensure domestic defense, to combat a steadily increasing population and to protect the safety of our mobile citizens; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton confirms its dedication to promoting public multimodal transportation investment that will ensure the safety, efficiency and economic welfare of all Americans for the next half century and to promote improved public multimodal transportation by seeking out creative and innovative solutions that will carry the United States during the 21ST century. SECTION 2. The City Council hereby approves the Statement executed by the City of Denton Mobility Committee on October 21, 2005, a copy of which is attached hereto as Exhibit A and incorporated herein by reference. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO FORM: EDWIN M. SNYDE , CITY ATTORNEY BY: EXHIBIT I Exhibil A THE EISENHOWER PROTOCOL A VISION FOR ME UNITED. ST'ATE'S IN MULTIMODAL T R4NSPORTATION.4ND ECONOMIC DZWLOPMENT `Celebrating the Interstate Highway Systernt' Less than a half century ago, the United States sat nervously on the brink of a potential thermonuclear war for which it was wholly unprepared. Recognizing the need for improved national defense, then President Dwight D. Eisenhower; the military establishment, Congress, and the federal government invested heavily into building a more effective transportation infrastructure that would create coast ta-coast highway connections and allow for rapid troop, munitions and equipment deployment. Fresh from their return ftom Europe and Germany after WWII, American troops had seen first hand the benefits of the European autobahn for troop, equipment and munitions movements, On June 29, 1956, Eisenhower signed the National Interstate and Defense Highways Act into law, dramatically charging the course of American transportation history. The development of the Interstate Highway System was successful as a tool for national defense. However, not even President Eisenhower himself could have imagined the additional rewards Americans would ultimately reap for decades to folloW a8 2 .result of his monumental decision. Cities and towns literally formed in areas along the Interstate highways. Domestic travel and tourism flourished. The American automobile and trucking industries were refined and prospered. Ideas and innovations flowed through the new passageways that were created, the roads that built the America we know and reside in today. Americans were literally connected in a manner that was once -inconceivable. The Interstate Highway System linked Animas s in the 2& Century, making all sections of our country more accessible, bringing us closer together geographically and as a people and promoted economic and $ocial opportunities never before imagined. 'Ibis was especially important as our population grew from 140 :pillion in 1950 to 290 million in 2000. Citizens in the industrial United States now had a means of accessing improved education, health care and employment. Once a budding new nation, the United States had developed into a world renowned leader in innovation and industry, and a renewed sense of national pride was born all on the heels of a single historic piece of transportation legislation. 'T'hrough this great enterprise, not only was out homeland better protected, but our economy was strengthened, diversified and energized, and educational opportunities were created for the American people. Also through this great enterprise we learned the value and the necessity of transportation. infrastructure investment. As we look to the past and celebrate the gifts and talents and visions of out predecessors we axe inextricably drawn to look to the future. to determine the mobility needs of the citizens of this great nation for the next 50 years. Not only highways, but seaports, airports, freight and passenger rail lines, transit, high speed passenger rail and other modes of transportation as well as tie industries that use and support them. are essential if the progress we have made as a nation is to be extended into the future. 1 Shaping the Next Half Century A+ eiica*+s in the 21" Century face a brave, new world. We continue to encounter new and unique challenges, though we remain steadfast in our desire to sustain our position as a world leader economically and to provide the safest and most efficient transportation opportunities possible. Fortunately, we now also have the advantage of knowing what is possrbk_through sufficient investment in txarnportation. It is our obligation and legacy that we will use the past as a model for the future and that the next fifty pears will be a renaissance for multimodal transportation investment. Once again while taking care of the basics, we roust pursue novel transportation solutions to ensure domestic defense, • to combat it steadily increasing populati(n and to protect the safety of out mobile citizens. Luckily, we now have unlimited research pointing us toward transportation investment as a solution, and technology has afforded us with signiificantly more flexibility than that of fifty pears ago. Where President Eisenhower once sought to connect the country with coast-to-coast highways, we now look to multimodal transportation networks, where all facets and modes of bawportatioa intermingle to provide the most efficient infrastructure imaginable. However, with, this knowledge comes great responsibility. It is up to us as local, regional, state and national advocates of improved transportation to share our message with the public and with policymaken at all levels. To this end, we will aim to implement an aggressive c==unications strategy, which will entail recognition of the Interstate Highway System as a model for transportation investment in our country, as well as the promotion of other issues that might lead to increased finding for America's strained infrastructure. As intended at the original sigwng of this document on August 12, 20055 at die 86 Annual Texas Transportation Summit by the City of Irving, Texas, we, the undersigned; will work to rally transportation advocates and others, stye, to initiate sevezal significant meetings and events aimed to move us closer to out goals. At present, scheduled events include an a Annual Trans Transportation Summit Co-host Organisations follow--up meeting in October; a celebratory signing ceremony hosted b the American Road and Transportation Buildets Association (ARIBA) on June 29, 2046, the actual 5W anniversary of President Eisenhower's signing of the Interstate Highwaq legislation, and finally, at the 0 Annual Transportation Sumumit in hVixrg; Texas, the culminating commemoration of the aanivetsuxy and the kickoff to the pursuit of our collective multimodal transportation vision fox the neat half century. Collective Statement of Purpose and Declaration of Commitment We, the undersigned, hereby conf= our dedication to promoting public multitnodal transportation investment that will ensure the safety, efficiency and economic welfare of ill Americans for the neat half century. We pledge to promote unproved public multunodal tmnsportation and to seep out creative and innovative solutions that will carry the United States during the 21" century. We will follow the c=nple of the leaders who came before us by pursuing a muldmodal transportation network tizat will promote the social and economic development of our country. Togedw, we will shape the future. Con= Ldc~ Pkwse =wm executed copies to: Deis Bw=dawL Inc., Alta La= Fns, SOHO Pa* L2= Suite 600, DAn, T=u 75231; t net, 214.750.0123, fax 214.750.0124 2 DRAFT City Council Mobility Committee Meeting Minutes City Hall Conference Room Friday, October 21, 2005 at 1:30 p.m. 215 E. McKinney Denton, Texas 76201 Committee Members Present: Mayor Euline Brock, Mayor Pro-Tem Perry McNeill, Councilmember Bob Montgomery and Councilmember Pete Kamp. Meeting called to order by Chair Pete Kamp. 4. Receive a report, hold a discussion and provide a recommendation on a resolution approving the Eisenhower Protocol. The Committee approved the Resolution by a vote of 4-0. EXHIBIT 2 AGENDA INFORMATION SHEET AGENDA DATE: November 1, 2005 DEPARTMENT: Utility Administration ACM: Howard Martin, Utilities 349-8232 SUBJECT Consider approval of a Professional Services Agreement for Architect or Engineer between the City of Denton and Freese and Nichols, Inc. (FNI) in the amount of $38,600.00 for Engineering Services associated with the North-South Water Mains Routing Analysis project. (The Public Utilities Board recommends approval 7-0.) BACKGROUND The term "North-South Water Mains" refers to a series of four projects intended to further extend the distribution system delivery capabilities from the north to the south sides of town. The City recently added a 54-inch transmission main into town from the new Lake Ray Roberts Water Treatment Plant (LRRWTP) along FM 428 and then extended distribution mains east and west along the north side of Loop 288. The line that runs west from FM 428 along Loop 288 was sized at 42-inches in diameter from FM 428 to FM 2164 (Locust Road) and at 36-inches in diameter from FM 2164 to the old TI plant where it crosses Loop 288. The North-South Water Mains projects will extend this 36-inch line in four phases south to Roselawn Drive where a future project will then connect the line to a 2.5 million gallon elevated storage tank (refer to Exhibit 1). These projects are slated for construction in the CIP in the following order: Phase 1 in FY2007, Phase 2 in FY2007, Phase 3 in FY2008 and Phase 4 in FY2010. Obviously, the actual construction schedule for these projects may be adjusted as time goes on based on system needs and growth through development. The first step in the process of designing and constructing these large diameter water lines is to perform a routing analysis to establish the recommended alignment, easement needs, connection strategies, potential conflicts, permitting requirements, and refined opinions of probable construction costs. A Professional Services Agreement for Architect or Engineer for this project has been included herein as Exhibit 2. The proposed engineering fee of $38,600.00 for the professional services on this project was calculated on the basis of projected effort to produce the scoped deliverables at the billable rates of the personnel proposed for the project. Inasmuch as this project is a study and not a design contract, the comparison of contract amount as a percentage of projected construction costs is not applicable. Staff went back and forth with the consultant until a level of comfort was reached with the compensation level based on the effort involved and value of services provided. The routing analysis provided by this contract will serve as a basis for the preliminary design of each of the North-South Water Mains phases. OPTIONS 1. Approve the Professional Services Agreement. 2. Reject the Professional Services Agreement. RECOMMENDATION Staff recommends approval of the Professional Services Agreement between the City of Denton and Freese and Nichols, Inc. in the amount of $38,600.00 for Engineering Services for the North- South Water Mains Routing Analysis project. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item was presented to the Public Utilities Board at their October 24th 2005 regular meeting. The Public Utilities Board recommends approval 7-0. FISCAL INFORMATION A total of $321,000.00 has been included in the Capital Improvement Program for the engineering design of the North-South Water Mains Phases 1 through 4. The $38,600.00 for this project represents approximately 12% of the budgeted fees for these projects and is consistent with the level of effort devoted to a preliminary design project of this nature. Payment for this routing analysis will be derived from a prorated share of the design budgets of each phase of the North-South Water Mains project. BID INFORMATION Not applicable. EXHIBITS 1. Location Map 2. CIP Detail Sheet 3. Ordinance 4. Professional Services Agreement 5. PUB Minutes Respectfully submitted, Z_W Jim Coulter, Assistant Director Water Utilities Prepared by Frank G. Payne, P.E. City Engineer Revised 712004 H A S E 1 eO ❑C ~ i ❑ ~C ~ C PHASE 2 C~ DOC 11 ❑O~ ~❑h ltd ❑D❑❑ ~ DDC ❑ ❑DB~ ~ D❑ ❑ - ❑ D~ H- ElEl~❑ a ❑ =EE ❑❑❑oLl D ❑ _ a ° ° PHASE 3 ❑❑❑❑❑oo°O❑°❑❑❑D E ~nnII~❑ ova❑❑~❑ ❑C o ° II~,IC~o~oUO a ❑ ❑ o❑ ~1 o❑❑E~F oo ~Di~oooooo E] El I❑C~ ❑ ❑❑❑~D❑C ~auE -~EflqqF]LIElE DDD ❑~C PHASE IC ~ d ILL- is v~ On EXHIBIT 1 ❑ a ❑ LOCATION MAP North South Water Mains , . ~t# o[Dr~roa City of Denton 2006 - 2010 Capital Improvements Projecting Project Title: North South Water Main - Phase 1 Description: North South Trunk. This project consists of 7,000 feet of 36 inch waterline extension from TI, along Riney Road to Windsor to Hinkle on the distribution system master plan. Business Unit: 630200 Water-Distribution Project Type: Improved Service Project Scope: Multi-Year Project Category Code: 012 DIST SYSTEM UPGRADE Utility Bonds ...:,Meyr - '....v..1 ..fir.:::" " 2006 21100 FINAL [DESIGN 1365 Other $66,000.00 2006 21110 SURVEY FINAL DESIGN 1365 Other $55,000.00 2006 30100 ACQUISITION 1365 Other $259,000.00 2007 40100 CONSTRUCTION 1365 Other $1,201,000.00 2007 47710 INSPECTION 1365 Other $22,000.00 UfiW Bonds Total- $1,603,000.00 Project Total." $1,603,000.00 Comments: i EXHIBIT 2 Friday, September 23, 200S 156 Page age . 9 29 of 4S City of Denton 2006 - 2010 Capital Improvements Project ~t~uuti project Title: North South Water Main Phase 2 Description: North South Trunk This project consists of 7,700 feet of 36 inch waterline extension from Hinkle along Windsor to Bonnie Brae to Highway 380 on Distribution System Master Plan. Business Unit: 630200 Water-Distribution Project Type: Improved Service Project Scope: Multi-Year Project Category Code: 012 DIST SYSTEM UPGRADE Utility Bonds .}:~5G 2006 .21100 FINAL DES[GN 1365 Other $77„000.00 )nnF 7411n SIIRVFYFINIM nFSEr.N 1365 Other %64 Ono no or City of Denton }ter®~ 2006 - 2010 Capital Improvements Project { `~$ter I}ti1i~ Project Title: North South Water Main - Phase 3 Description: North South Trunk This project consists of 7,430 feet of 36 inch waterline extenison along Bonnie Brae from Highway380 to 1-35E on Distribution System Master Plan. Business Unit. 630200 Water-Distribution Project Type: Improved Service Project Scope: Multi-Year Project Category Code: 012 DIST SYSTEM UPGRADE Utility Bonds n: 2007 21100. FINAL DESIGN 1360 Sub Contract $74.000.00 2007 21110 SURVEY FINAL DESIGN 1360 Sub Contract $62,000.00 2007 30200 RIGHT OF WAY/EASEMENTS 1365 Other $275,000.00 2008 40100 CONSTRUCTION 1360 Sub Contract $1,0&9,000.00 2008 47710 INSPECTION 1365 Other $31,000.00 Uft Bonds Total- $1,531,oD0.00 Project Total: $1,531,000.00 Comments: Purpose: These lines will serve as the main from feeders from Lake Ray Roberts WTP for the Western and Southern parts of the city. i I Fridary, September Z3, 2005 52 Page 31 of 45 f:'tY °f ~ntp~ City of Denton 2006 - 2010 Capital Improvements Project Atej. iltiULlm Project Title: North South Water Main - Phase 4 Description: North South Trunk - Phase IV This project consist of 8,720 feet of 36 inch water line extension from 1-35E to Roselawn along Bonnie Brae on Distribution System Master Plan. Business Unit. 630200 Water-Distribution Project Type: Improved Service Project Scope: Multi-Year Project Category Code. 012 DIST SYSTEM UPGRADE Utility Bonds 2DO9 21100 FINAL DESIGN _ 1360 Sub Contract $104,000.DD 2009 21110 SURVEY FINAL DESIGN 1360 Sub Contract $87,000.OD 2009 30200 RIGHT OF WAYIEASEMENTS 1360 Sub Contract $180,000.00 2010 40100 CONSTRUCTION 1360 Sub Contract $1,729,000.00 2010 47710 INSPECTION 1365 Other $43,000.00 Utf7ity Bonds Total: $2,143,000.00 Project Total: $2,143,0050 Comments: Purpose: These lines will serve as the main feeders from take Ray Roberts WTP for the Western and Southerr parts of the City. Friday, September 23, 2005 51 Page 32 of 45 ORDINANCE NO. 2005- AN ORDINANCE APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER WITH THE FIRM OF FREESE AND NICHOLS, INC. TO PROVIDE ENGINEERING SERVICES ASSOCIATED WITH THE NORTH-SOUTH WATER MAINS ROUTING ANALYSIS PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Freese and Nichols, Inc., a professional engineering firm (the "Provider") is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, attached hereto and made a part hereof by reference is a proposed professional services agreement (the "Contract") by and between the City and the Provider to perform engineering services associated with the North-South Water Mains Routing Analysis Project; and WHEREAS, the fees under the Contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 2. The City Council hereby approves the Contract. The City Manager, or his designee is hereby authorized execute the Contract on behalf of the City and to carry out the rights and duties of the City under the Contract, and is authorized to expend funds as required by the Contract. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR EXHIBIT 3 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: S:\Our Documents\Ordinances\05\Freese & Nichols-PSA-NS Water Main Routing Analysis.doc Page 2 PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER THIS AGREEMENT is made and entered into as of the day of , 20 , by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and Freese and Nichols, Inc., with its corporate office at 4055 International Plaza, Suite 200, Fort Worth, Texas 76109 hereinafter called "Design Professional," acting herein, by and through their duly authorized representatives. In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1 EMPLOYMENT OF DESIGN PROFESSIONAL The Owner hereby contracts with the Design Professional, a licensed Texas architect or engineer, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in the Proposal, the General Conditions, and other attachments to this Agreement that are referenced in Section 3, in connection with the Project. The Project shall include, without limitation, The City of Denton North-South Water Mains Routing Analysis Project (the Project) will include an analysis of alternative pipe routes for the following facilities: • North-South Water Main Phase I - Approximately 7,000 linear feet (LF) of 36-inch water line from Loop 288 at the old TI plant south along Riney Road to Hinkle/Windsor intersection or west along Riney Road to its intersection with Bonnie Brae. • North-South Water Main Phase 2 - Approximately 7,700 linear feet (LF) of 36-inch water line along Windsor from Hinkle to Bonnie Brae and then south to University Drive or south from Riney Road to University Drive. • North-South Water Main Phase 3 - Approximately 7,430 linear feet (LF) of 36-inch water line along Bonnie Brae from University Drive to I-35E. • North-South Water Main Phase 4 - Approximately 8,720 linear feet (LF) of 36-inch water line along Bonnie Brae from I-35E to Roselawn Drive. Although the primary route alternatives believed to be feasible are listed hereinabove, the actual study will include the analysis of up to two different pipeline alignments for Phases I and 2, and one pipeline alignment for Phases 3 and 4. Page 1 Design Professional Agreement Revised 5-30-02 EXHIBIT 4 SECTION 2 COMPENSATION The Owner shall compensate the Design Professional as follows: 2,1 BASIC SERVICES 2.1.1 For Basic Services the total compensation shall be $ 38,600. 2.1.2 Progress payments for Basic Services shall be paid in the following percentages for of the total compensation for the Basic Services satisfactorily completed at the end of the following phases of the Project: Routing Analysis Phase 100% 2.2 ADDITIONAL SERVICES 2.2.1 Compensation for Additional Services is as follows: Will be based on the attached schedule of charges. 2.2.2 Compensation for Additional Services of consultants, including additional structural, mechanical and electrical engineering services shall be based on a multiple of 2.30 times the amounts billed to the Design Professional for such additional services. 2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1.15 times the expenses incurred by the Design Professional, the Design Professional's employees and consultants in the interest of the Project as defined in the General Conditions but not to exceed a total of $ 3,500 without the prior written approval of the Owner. Page 2 Design Professional Agreement Revised 5-30-02 Compensation to Freese and Nichols shall be based on the following Schedule of Charges: Schedule of Charges: Position Min Max PRNICIPAL 171.48 342.86 SENIOR CONSULTANT 226.50 29729 GROUP MANAGER 188.89 232.40 ENGINEER VIII 206.26 247,00 ENGINEERVII 165.42 217,11 ENGINEER VI 113.15 200.21 ENGINEER V 124.90 157.86 ENGINEER IV 102.97 139.12 ENGINEER III 95.70 115.89 ENGINEER II 89.06 104.17 ENGINEER I 85.48 100.41 ELECTRICAL ENGINEER V 148,96 171.24 ELECTRICAL ENGINEER IV 92.68 121.64 ELECTRICAL ENGINEER II 76.77 100.76 MECHANICAL ENGINEER VI 142.05 177.56 MECHANICAL ENGINEER V 110.49 145.02 MECHANICAL ENGINEER IV 95.43 125.25 MECHANICAL ENGINEER II 80.51 100.64 SENIOR RESIDENT REPRESENTATIVE 107.40 146.52 PROGRAM MANAGER II 140.23 186.41 PROGRAM ADMINISTRATOR 125.09 156.37 CONSTRUCTION CONTRACT AWN III 157.90 188.41 CONSTRUCTION CONTRACT ADMIN II 73.00 134.83 CONSTRUCTION CONTRACT ADMIN 1 66.80 87.92 DOCUMENT CONTROL CLERK 54.02 67.53 SR DESIGNER 120.19 150.23 DESIGNER II 115.85 133.98 CADD DESIGNER 115.49 136.67 TECHNICIAN IV 83.88 118.00 TECHNICIAN III 68.73 98.19 TECHNICIAN 11 56.85 74.62 TECHNICIAN 1 46.72 66.61 GIS COORDINATOR 83.83 110.03 GIS ANALYST II 75.48 95.81 GIS ANALYST I 60.68 79.64 ENVIRONMENTAL SCIENTIST VII 129.18 169.55 ENVIRONMENTAL SCIENTIST VI 123.44 135.71 ENVIRONMENTAL SCIENTIST V 93.51 116.89 ENVIRONMENTAL SCIENTIST III 80.34 114.55 ENVIRONMENTAL SCIENTIST 11 60.00 75.00 ENVIRONMENTAL SCIENTIST 1 64.42 68.91 ARCHITECT V 140.20 157.86 LANDSCAPE ARCHITECT V 125.52 156.90 ARCHITECT 11 78.31 102.79 PLANNER IV 102.10 127.62 HYDROLOGIST VI 115.68 144.60 HYDROLOGIST V 106.88 133.60 HYDROLOGIST IV 91.18 113.98 HYDROLOGIST III 79.04 98.80 HYDROLOGIST 11 66.72 83.40 GEOTECHNICAL ENGINEER Vt 147.63 184.53 SENIOR GEOLOGIST 107.31 134.14 WORD PROCESSINGISECRETARIAL 59.13 76.92 OPERATIONS ANALYST 75.81 124.21 CONTRACT ADMINISTRATOR 71.19 88.99 INFORMATION SERVICESADMINISTRATO 46.63 61.21 INFORMATION SERVICES CLERK 31.06 49.06 CO-OP 41.98 59.40 SECTION 3 ENTIRE AGREEMENT This Agreement includes this executed agreement and the following documents all of which are attached hereto and made a part hereof by reference as if fully set forth herein: I. City of Denton General Conditions to Agreement for Architectural or Engineering Services. 2. The Design Professional's Proposal 3. Attachments SC-1 through CO-1. This Agreement is signed by the parties hereto effective as of the date first above written. CITY OF DENTON BY: MICHAEL A. CONDUFF CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Freese and hots, Inc. BY: ROBERT F. PENCE, RE, BCEE President and CEO WITNESS- BY: Page 3 Design Professional Agreement Revised 5-30-02 ATTACHMENT SC SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER ARTICLE I BASIC SERVICES: FNI shall render the following professional services in connection with the development of the Project: A. ROUTING ANALYSIS Upon execution of this AGREEMENT, FNI shall: • Attend one meeting to consult with the City of Denton (hereinafter known as OWNER): (1) to review the scope of services, (2) to verify OWNER's requirements for the Project, and (3) to review available data. • Advise OWNER as to the necessity of OWNER's providing or obtaining data or services from others. • FNI will prepare and issue a report containing analysis and recommendations for up to two route alternatives for Phases 1 and 2, and one route for Phases 3 & 4, as more explicitly described above. • FNI will visit the site twice to review route alternatives on the ground. Upon initial field review, FNI will provide the OWNER with a list of record drawings and other data to be provided by the OWNER to FNI in support of the route analysis. FNI will contact other entities for requesting record drawings and contact DIGTESS to flag the approximate horizontal location of existing franchise utilities. • FNI will review record drawings, planning data, site plans and other data provided by the OWNER and use this information in identifying potential conflicts. FNI will not provide any distribution modeling services under this contract. FNI will contact TxDOT and Denton County to attempt to determine what plans are being made for road improvements which may impact the route selection. • FNI will identify potential conflicts (based on field observation and record drawings), approximate the number of easements required based upon landowner and abstract information to be provided by the OWNER, identify logical phasing of the project, provide a summary of environmental permitting needs (including Texas Historical Commission) and summarize TxDOT and TCEQ requirements. • FNI will prepare all route maps showing each alignment alternative. • FNI will meet with the OWNER (2 Meetings) to review and tour the route. • FNI will prepare opinions of probable construction cost and recommendations for the alternatives studied. Estimates of the cost of land and rights-of-way, compensation for or damages to properties and interest and financing charges will be provided by OWNER or others so designated by OWNER. In arriving at its opinion of probable construction cost for the Project, FNI will include the estimates furnished by OWNER and will have no responsibility to determine the accuracy or validity of these estimates. Opinions of probable construction cost will include allowances for inflation for the various stages and timing of the projects. R:1Contract120051Contract\DentonlNorth-South Water Mains Routing.doc FNIAV' SC-1 OWNER • FNI will prepare a report for the route study that will summarize the exhibits, cost analysis, and routes evaluated. • Furnish five (5) copies of the above route analysis documents and attend one meeting to present and review them with OWNER. • FNI will attend up to a total of three (3) meetings with OWNER and other entities inclusive of those meetings and field visits identified above. ARTICLE II ADDITIONAL SERVICES: Additional Services to be performed by FNI, if specifically authorized in writing by OWNER, which are not included in the above-described basic services, are described as follows: A. GIS mapping services or assistance with these services. B. Subsurface Utility Engineering services for precise location of subsurface conflicts and utilities. C. Preliminary or Detail Design, Specifications, Contract Documents, Or Construction Representation for any of the project pipelines. D. Site visits and meetings in excess of the number of trips included in Article I. E. Providing basic or additional services on an accelerated time schedule. The scope of this service include cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the OWNER. F. Providing a surge model for the waterline. G. Providing modeling of the distribution system. H. Investigate alternate routes in excess of the number identified in Article 1. L Geotechnical investigation and analysis of soil conditions along the route alternatives J. Engineering survey or topographic land surveying along the route alternatives. K. Preparation of easement or right-of-way documents. R:\Contract120051Contract\DentonlNorth-South Water Mains Routing-doe FNI SC-2 OWNER ARTICLE III TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services in accordance with the following schedule: • Complete Route Analysis Report within 90 calendar days, to begin upon receipt of OWNER- provided information. If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in OWNER or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. These delays may result in an adjustment to compensation as outlined on the face of this AGREEMENT and in Attachment CO. ARTICLE IV A. MODIFICATIONS TO THE PROFESSIONAL SERVICES AGREEMENT: The following items were found to be unacceptable terms of conditions by FNI and shall be modified with the following: • In the Professional Services Agreement, Section 1, Third Sentence - Employment of the Design Professional, delete the wording "without limitation" B. MODIFICATIONS TO THE GENERAL CONDITIONS TO AGREEMENT: The following items were found to be unacceptable terms of conditions for Architectural or Engineering Services by FNI and shall be modified with the following: • Article 1.2, Add the following sentence: "The time allotted for the Owner's review periods will be as agreed to and established in the project schedule." • Article 2. 1, In the first sentence delete the wording: "without limitation" • Article 2.2.3, Delete "design and construction" and replace with the following: "of up to 3 route alternatives". • Article 2.2.4, Delete all instances of the wording "Schematic Design" and replace with the following: "Route Study". • Article 2.3, Delete this Article in its entirety • Article 2.4, Delete this Article in its entirety • Article 2.5, Delete this Article in its entirety • Article 2.6, Delete this Article in its entirety • Article 3.3.9, Delete the last sentence of this Article • Article 3.4.17, In the first line of the Article, delete the wording: "in addition to those required by Subsection 2.6.19" • Article 3.4.18, Delete the last sentence of this Article • Article 4.10, Add the following sentence: "The Owner shall give 48 hour written notice to the Design Professional if the Owner becomes aware of any errors or omissions in the design work." R:\Contract\2005\Contract\Denton\North-South Water Mains Routing.doc FNI SC-3 OWNER • Article 11.3, Delete the priority of the documents listing and replace with the following: "1. The executed Agreement 2. The Proposal, including Scope of Services and Responsibility of Owner 3. Attachments referenced in Section 3 of the Agreement other than the Proposal 4. These General Provisions" ARTICLE V RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not to delay the services of FNI: A. Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to FNI's services for the Project. B. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. C. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. D. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article III of this AGREEMENT or other services as required. E. Bear all costs incident to compliance with the requirements of this Article V. F. OWNER'S DETAILED TASK LIST 1) Route Study (Phases 1, 2, 3 & 4) a) Contact other departments within the City of Denton and coordinate with them to obtain record drawings, planning data and other information pertinent to the project, including the following: ■ Street and Storm Drain Record Drawings • Water and Sewer Record Drawings ■ Denton Municipal Electric Underground Record Drawings (both Electric and Communications) ■ Site Plans, Concept Plans and Plats which have been filed with the City ■ Information on other potential development ■ CIP and other documents of a similar nature used by City departments for planning projects ■ AutoCAD or GIS files of ownership and abstract maps along the alternative routes. / R:1Contract120051Contract\DentonVorth-South Water Mains Routing.doc FNI SC-4 OWNER ■ AutoCAD or GIS files of aerial photographs and contours along the alternative routes. ARTICLE VI DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives: Owner's Designated Representative - Frank Payne, P.E., City of Denton, 601 E. Hickory, Suite B, Denton, Texas 76205; phone: 940-349-8910; fax: 940-349-8951; email: frank.payne@cityofdenton.com Owner's Accounting Representative - Annie Jackson, City of Denton, 601 E. Hickory, Suite B, Denton, Texas 76205; phone: 940-349-8910; fax: 940-349-8951; email: annie jackson@cityofdenton.com FNI's Project Manager: Steven Metzler, P.E.; 4055 International Plaza, Suite 200, Fort Worth, Texas 76109-4895; Phone: (817) 735-7329; Fax: (817) 735-7492; E-mail: jlb@freese.com FNI's Accounting Representative: Jana Collier; 4055 International Plaza, Suite 200, Fort Worth, Texas 76109-4895; Phone: (817) 735-7354; Fax: (817) 735-7496; E-mail: jvc@freese.com R:1Contract120051ContractlDentonWorth-South Water Mains Roating.doc FNl j~* SC-5 0 WNER COMPENSATION LUMP SUM WITH ADDITIONAL WORK BASED ON COST TIMES MULTIPLIER A. Basic Services: Compensation to FNI for the Basic Services in Attachment SC shall be the lump sum of Thirty Eight Thousand Six Hundred Dollars ($38,500.00). If FNI sees the Scope of Services changing so that additional services are needed, including but not limited to those services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER'S approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. B. Schedule of Charges for Additional Work: Staff Member Salary Cost Times Multiplier of 2.3 Resident Representative Salary Cost Times Multiplier of 2.0 Salary Cost is defined as the cost of salaries (including sick leave, vacation, and holiday pay applicable thereto) plus unemployment and payroll taxes and contributions for social security, employment compensation insurance, retirement benefits, medical and other insurance, and other miscellaneous benefits. Other Direct Expenses Actual Cost Times Multiplier of 1.15 Other direct expenses shall include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members. For CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. Rates for In-house Services Computer Printin $10.00 per hour Black and White $0.10 per copy Plotter Color Bond $ 2.50 per plot $0.50 per copy Special $ 5.00 per plot Binding $5.75 per book Testing Apparatus Density Meter $350.00 per month Gas Detection $ 10.00 per test 3-10-04 R:%Contract120051Contraa\Mansfield WWW Master Flan-hnpactFee_doe FNI SC-1 OWNER •+~51'm••~'• Q ~ ~ 8 R ~ aQ O pq Q ~ ~ 6ry vl H ~ c.° g f9 ~ M ~ H N y~ g M N H c,} q i_i`a-`:~. vooaoe p p pp pp tom `o Q l+ - ry ae O ~ VOi ~vdyi vA~ [a O N ~ LS p I N ~ W 97 (A V3 ..~;:-'F=i N Y ~ ~ O O o G p 4 yP~, Q S O C O~ t { all i z 3 - s k 1- . v o ? s s 8 18 1 1 m x~ I CITY OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBIIdTMS 1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement") and proposal (the "Proposal") to which these General Conditions are attached) performed by the Architect or Engineer {hcreinafter called the "Design Professional') or Design Professional's employees and consultants as enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services"). 1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely actions (tire "Degree of Care''D. The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project. Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties. ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the requirements for the Project. 2.2.2 The Design Professional shall provide a preliminary evaluation of the Owners program, construction schedule and construction budget requirements, each in terns of the other, subject to the limitations set forth in Subsection 5.2.1. 2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. 2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the commencement to the completion of construction. 23 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget the Design Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project 2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project which shall comply with all applicable laws, statutes, ordinances, codes and regulations. 2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor. 2.43 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of govemmental authorities having jurisdiction over the Project. 2.5 CONSTUCTION CONTRACT PROCUREMENT 2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without Page 1 of 8 H:1MisclBlank Forms\GENERAL CONDITIONS-ARCHITECT-ENGINEER.doc Revised 5-30-02 limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in the sole discretion of the Owner. 2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2. 2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionalss the administration shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be amended by the City of Denton special conditions, unless otherwise provided in the Agreement For engineers the administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise provided in the Agreement 2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written agreement of the Owner and Design Professional. 2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalfofthe Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument. 2.6.5 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while construction is not in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's rights hereunder. 2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or orris- sions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional. 2.63 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional shall review and certify the amounts due the Contractor. 2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional's observations at the site as provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents cor- rectable prior to completion and to specific qualifications expressed by the Design ProfessionaL The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid on account ofthe Contract Sum. 2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the work. 2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractofs submittals such as Shop Drawings, Product Data and Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when completed, will be in compliance with the requirements ofthe Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification ofperformance characteristics Page 2 of 8 H:1Mis6Blauk FormsIGENERAL CONDITIONS-ARCHITECT-ENGINEER.doc Revised 5-30-02 Of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.11 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the requirements of the Contract Documents- 2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faidifid performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence ofnegligence. 2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the work as provided in the Contract Documents. 2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder. 2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are not required due to the negligence or fault of Design Professional. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is Representatives to assist in carrying out such additional on-site responsibilities.r. the Design Professional shall provide one or more Project 3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as agreed by the Owner and Design Professional. 3.3 CONTINGENT ADDITIONAL SERVICES 33.1 Making material revisions in Drawings, Specifications or other documents when such revisions are; 1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. due to changes required as a result of the Owner's failure to render decision in a timely mariner. 33.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.5.2. 3.33 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. Page 3 of 8 H:1MisclBlank FormsIGENERAL CONDITIONS-ARCHITECT-ENGINEER.doc Revised 5-30-02 3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work. 3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto. 3.3.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents Phase. 33.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies. 3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 2 A A - 0'~ i' II t~ ■ 1 ~I 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. 4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage, rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall he referenced to a project benchmark. 4.6 Where applicable, the Owner shall famish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and re- sistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall finnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services. 4.7 When not a part of the Additional Services, the Owner shall famish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be famished at the Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part ofthe Design Professional. 4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of the Agreement. ARTICLE 5 CONSTRUCTION COST 51 CONSTRUCTION COST DEFINED 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements ofthe Project designed or specified by the Design Professional. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for con- tingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment of a Project budget, unless such fused limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustraents in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission ofthe Construction Documents to the Owner and the date on which proposals are sought ARTICLE 6 OWNERSILP AND USE OF DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall become the property of the Owner upon termination or completion of the Agreement The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to this Project, and Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that project Page 5 of 8 M\MisclBlank Forms%GENERAL CONDITIONS-ARCHITECT-ENGINEER.doc Revised 5-30-02 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Design Professional's reserved rights. ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the temts of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner in a reasonably organized form Should Owner subsequently contract with anew Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing information. 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's services. 73 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written notice. 7.4 Failure of the Owner to make payments to the Design professional for work satisfactorily completed in accordance with the Agreement shalt be considered substantial non- performance and cause for termination. 7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement. 7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to tennination. ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL 8.1 DIRECT PERSONNEL EXPENSE 8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and Design Professional's employees and consultants in the interest of the Project; as identified in the following Clauses. 8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project 8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings, Specifications and other documents. 8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. 8.2.1.5 Expense of computer-aided design and drafting equipment time when used in connection with the Project. 8.2.1.6 Other expenses that are approved in advance in writing by the Owner. 8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 83.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 2 of the Agreement and the schedule of work. 8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement. 8.3.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project 8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred. Page 6 of 8 H:1MisclBlank FormsIGENERAL CONDITIONS-ARCHITECT-ENGINEER.doc Revised 5-30-02 8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible. 8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspection and copying during regular business hours for three years after the date of the final Certificate of Payment; or until any litigation related to the Project is final, whichever date is later. ARTICLE 9 INDEMNITY 9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers, shareholders, agents, or employees in the performance of the Agreement. 9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: 10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate. 10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. 10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident including occupational disease. 10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. 10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers' Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date ofthe change or cancellation, famish Owner with substitute certificates of insurance meeting the requirements of this Article 10. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suitor cause of action under the Agreement shall lie exclusively in Denton County, Texas. 11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its interests in the Agreement without the written consent of the Owner. 113 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized, such documents shall be given priority in the following order: 1. The executed Agreement 2. Attachments referenced in Section 3 of the Agreement other than the Proposal 3. These General Provisions 4. The Proposal 11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design Professional. 11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owners confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project. Page 7 of 8 H:1MisclBlank Forms%GENERAL CONDITIONS-ARCHITECT-ENGINEER.doc Revised 5-30-02 11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. 11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein. All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. 11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended during the term of this Agreement. 11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 11.11 The captions of the Agreement are for informational purposes only, and shall not in anyway affect the substantive terms or conditions of the Agreement. Page 8 of 8 H-Wis6l3lank FOrms\GENERAL CONDITIONS-ARCHITECT-ENGINEER.doc Revised 5-30-02 DRAFT AGENDA PUBLIC UTILITIES BOARD OCTOBER 24, 2005 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, October 24, 2005 at 9:46 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Bob Bland, John Baines, Bill Cheek, Phil Gallivan, George Hopkins, Charldean Newell, Dick Smith EX OFFICIO MEMBERS Michael Conduff, City Manager Howard Martin, ACM. /Utilities CONSENT AGENDA: Approval of the Consent Agenda authorizes the Assistant City Manager for Utilities or his designee, to implement each item in accordance with the staff recommendations. The Public Utilities Board has received background information, staff s recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, or other matters to be brought before the Public Utilities Board to be considered and approved for payment or other action under Consent Agenda Items 1 through 3. Detailed information is attached to each Consent Agenda item. This listing is provided on the Consent Agenda to allow Public Utilities Board Members to discuss or withdraw an item prior to approval of the Consent Agenda. If the item is pulled from consideration for separate discussion, prior to its consideration, such item will be considered as the first item(s) taken up under the "Items For Individual Consideration" section of the agenda, set forth below. The remaining Consent Agenda Items will be approved with one motion, a second, and by a majority vote of the Public Utilities Board Members who are present. 1) Consider approval of a water line oversize participation agreement between the City of Denton and Granite Properties (Granite Point Phase I development) for an amount not to exceed $42,996.18. 2) Consider approval of the of the renewal of annual support maintenance for Denton Municipal Electric's Supervisory Control and Data Acquisition System (SCADA) Advanced Control Systems in an amount of $33,276, which is available from only one source. 3) Consider approval of a Professional Services Agreement for Architect or Engineer between the City of Denton, Texas and Freese and Nichols, Inc. for engineering services associated with the North-South Water Mains Routing Analysis Project, in an amount not to exceed $38,600. Board Member John Baines moved to approve Consent Agenda Items #1-3 with a second from Board Member George Hopkins. The motion was approved by a vote of 7-0. EXHIBIT 5 AGENDA INFORMATION SHEET AGENDA DATE: November 1, 2005 DEPARTMENT: Tax ACM: Jon Fortune SUBJECT Consider approval of tax refunds for the following property taxes: Name Reason year Amount I . Hc.\tcr-Fair Title/Dav id & I~athv SalisbuiA Duplicatc Pav mcnt 2004 $784.17 2. Titlc Rcsourccs/Edna Latham O\ crpav mcnt 2004 $766.3 5 Counti-_~ idc Tax Scr\ iccs/ Tobv & Gloria Duplicatc Pav mcnt 200 $56 3.50 HOllts BACKGROUND Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $2,114.02. Respectfully submitted: Diana G. Ortiz Chief Financial Officer CITY OF DENTON CITY COUNCIL MINUTES August 8, 2005 After determining that a quorum was present, the City Council convened in a Special Called Work Session on Monday, August 8, 2005 at 9:00 a.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: None 1. The Council received a report, held a discussion, and gave staff direction regarding the 2005-06 Budget and the 2005-2010 Capital Improvement Program. City Manager Conduff stated that staff was presenting a draft budget that needed fine-tuning from the Council. Additional times were available for budget discussion should they be needed. The draft budget was a challenge to continue to budget with the growth of the city within the available revenue. A key recommendation was to have an efficiency study performed, as it would help identify areas for elimination due to duplicated efforts, increase efficiencies, streamline operations and suggest outsourcing opportunities. The cost of the study would be $200,000. The study process would start as soon after the budget was approved as possible. There was a possibility that there might be some budget savings this year. Council discussion- • Was there enough expected savings this year to pay for the study - Conduff replied that the hope was for more savings than the cost of the study. • The study was not just to show how to save money but how to do things better. • A concern was expressed about past studies that produced information that was not very useful. • What were some measures to look at as to whether this study would be a worthwhile approach or not - Conduff indicated that an outside expert would have an advantage as he would have access to processes from other communities. The process could be designed to have reports back on a regular basis to weigh in whether or not to proceed with the recommendation. • Would it be advantageous to look at an incremental study perhaps in one department and if the results were favorable then do more? • Was there an idea on where there might be some savings or areas already targeted? - Conduff replied that through the process of elimination of jobs some areas had already been examined. The technology area would probably be studied first as that area affected procedures and software. • The study would only include general government and not the utility department. • There would probably be public concerns about the expenditure for the study. City Manager Conduff continued that the other key was the issue of the general fund reserve level. Currently the City was striving for a 15% cash reserve level. He reviewed the appraisal roll comparisons from 1994-2005. The City had been consistently growing in value. The recommendation was to add one cent to the property taxes and reviewed the tax rate comparison since 1994. The proposed property tax rate was well within the rollback rate. Property tax incentives were included economic development agreements. City of Denton City Council Minutes August 8, 2005 Page 2 Sales Tax Conduff indicated that there was good growth this year at about 6.5%. 4.0% needed to be subtracted due to economic development sharing for a net of 2.5% in sales tax growth. Economic development agreements were in effect with Triad Hospital, Denton Crossing, Teasley Partners, and Unicorn Lake. Benefits Adjustment The benefits adjustment would be eliminated and 5% added to the employee's salaries. This elimination would provide a true cost of employee salaries. The recommendation was to roll the 5% into the salaries except for the salaries in the general fund and internal service funds. Those two areas would only receive 4%. Utilities and solid waste would receive the 5%. Compensation Conduff indicated that non-civil service employees would receive a 1% cost of living adjustment and Civil Service employees would receive a 1% cost of living plus normally scheduled step increases. The cost of living adjustment would increase pay ranges by 1% which meant that the value end of the range would go up one percent which benefited those employees at the top of the range. Compensation and Classification Conduff indicated that staff was recommending a comprehensive review of the City's compensation philosophy. Phase one would cost approximately $100,000 and would look at j ob classifications and pay plan design. The target area for this year would be public safety. Based on the study there could possibly be a recommendation for broad banding instead of smaller market bands that the City currently used. Health Insurance Conduff indicated that the proposed budget held the City's contribution increase to 3% and required employees to take on more responsibility with a $35 per month increase in employee contribution. The proposal also included deductibles of $500 per individual, $1000 family; co- insurance at 90/10; out-of-pocket expenses capped at $1000 individual/$2000 family, an increase in co-payment for office visits and drugs. The proposal also included an aggressive wellness program. There would be no increase in the City's contribution to retirees. Currently the City provided $100 per month for retirees. Council discussion- • It had been suggested that the process of insurance bidding was not open and if it were, the city could realize savings. • When selecting an insurance consultant, work to align the plan year with the fiscal year in order to have better data comparisons. City of Denton City Council Minutes August 8, 2005 Page 3 Public Safety Jon Fortune, Assistant City Manger, stated that the Police Department had requested eight additional positions consisting of three patrol officers, one school resource officer, one investigator, one sergeant, one clerical position and one jail administrator. The proposed budget also included red light camera enforcement, an upgrade of the public safety radio system and new vehicles. The Fire Department's proposed budget included the first full year of staffing for Fire Station #7, the completion of the public safety training facility and replacement of several vehicles. Council discussion- • A future discussion for consideration was how to hire the firefighters for the new station and the consideration of changing the current requirement to hiring only certified firefighters. • Be aware that allowing only certified firefighters to take the fire test may not produce the desired diversity in the department. Economic Development Conduff stated that an imaging and marketing campaign was performed this year. The City had contributed $321,000 to the Chamber this year with a recommendation of $260,000 to be contributed in the proposed budget. Council discussion- • What did the Chamber contribute - The Chamber contributed $20,000 for imaging and marketing. Funds from the City covered operational costs, salaries, phones, equipment and supplies. $80,000 had been received from private advertising and special events. • The private sector contribution to the Chamber had grown over the past year. Human Services Contributions Conduff indicated that the proposed general fund contribution was $184,000 plus Block Grant funding for a total of $331,000. Council discussion- • The need was great for human service contributions because Denton had a higher percentage of lower income people in the city. • The City was required by law to provide public services, not human services. • There appeared to be more private sector contributions to the social service agencies. Airport Construction projects included the terminal building, the terminal apron expansion, taxiway realignment and runway extension. Gas well revenues would be used for CIP projects. Outside help might be considered for long term financing of the gas well revenues at the Airport. A City of Denton City Council Minutes August 8, 2005 Page 4 seven-year plan had been structured into capital improvement projects. The plan provided for a component to develop revenue-generating opportunities at the Airport. Council discussion- • Opposition to the City getting into another business. • Consider a work session with the Airport Advisory Board regarding the philosophy of operations at the Airport. • Don't spend gas well money on business interests instead use the money on infrastructure proj ects. • The broad direction by the Council was improvement of the infrastructure at the Airport and not business ventures. • Consider statistics from other area airports on these types of developments. • Council was not prepared to approve an Airport Master Plan at this point in time. Consensus of Council was to prepare additional information and hold a future discussion with the Airport Advisory Board on the subject. Council convened into Closed Session to consider the following: 1. Received a presentation and information from staff pertaining to the Denton Municipal Electric ("DME") Proposed Annual Budget for the Fiscal Year 2005-2006, consisting of competitive electric and commercial information respecting the details of the present and future operational and financial plans and strategies of DME; and discussed, deliberated, considered, and provided Staff with direction regarding such matters. After discussion, Council reconvened into Open Session. Public Transportation Jon Fortune, Assistant City Manager, stated that the LINK system would be transferred to DCTA with no funding in the proposed budget for DCTA. The CIP had proposed funding for the multi- modal transportation station location. Development Review Jon Fortune, Assistant City Manager, stated that the engineering development functions had been outsourced and the development review functions remained in house. The in-house functions had been transferred to Utilities for the reorganization of the department. Other Services • Building Energy Savings-modified heating/cooling temps in all city buildings. • Teen Court-new state fee would fund this program. • Neighborhood Empowerment Program-provided matching funds for neighborhood projects. • CIP Operational Costs-several projects opening this year with associated operational costs. City of Denton City Council Minutes August 8, 2005 Page 5 Hotel Occupancy Tax Funding The 2005-06 proposed allocation with revenues was projected at 3% over current revenues. Streets Howard Martin, Assistant City Manager, reviewed the pavement management system and the pavement overall condition index. There was an annual need for $13 million worth of repairs with the current effort at $3.5 million. CIP funding had a proposed $22.7 million mainly designated for street construction. Traffic Howard Martin, Assistant City Manager, reviewed the aging infrastructure of the traffic controllers, the use of the Intelligent Transportation System Signals, what would be included in the CIP and pavement marking needs. Parks and Recreation Martin indicated that the proposed budget for Parks and Recreation included a reduction of 9.7 full-time employees, the outsourcing of mowing operations, vehicle replacements and the completion of Lake Forest Park in 2005-06. Aquatic Fund Summary Report Martin reviewed the financials for the Aquatic fund through the year 2010 and the fact that there was a need in the budget to recognize the need to utilize maintenance/operational dollars for these types of projects. Solid Waste Martin stated that the proposed budget for solid waste included the transition to cart service, a rate increase for curbside household hazardous waste collection of 51 cents per month/residential and $1.75/unit for multifamily curbside recycling. The proposed budget also included a projected bond sale of $4.9 million. Council discussion- • Concern of changing to mandatory cart service. • The public needed more time to adjust to the service. • Two carts outside each residence were unsightly. • How was the increase for the cost for residential cart service determined? • Consider offering an incentive to use the 35-gallon containers. Water City of Denton City Council Minutes August 8, 2005 Page 6 Martin indicated that there would be no retail rate increases in water rates, the department would realize an net increase of 33 full-time employees with the addition of the engineering positions previously funded in general fund and no change in cost allocation, and a proposed bond sale of $4.2 million. Wastewater Martin stated that the proposed budget contained a rate increase of 6% for wastewater services, a net increase of 3.5 full-time employees and a projected bond sale of $6.3 million. City Manager Conduff stated that the budget calendar indicated that on August 16th there would be a notice of a public hearing on the budget, the first public hearing would be held on September 6th and the second public hearing on September 13th. The budget would be formally adopted on September 20th With no further business, the meeting was adjourned at 3:10 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 9, 2005 After determining that a quorum was present, the City Council convened in a Closed Meeting on Tuesday, August 9, 2005 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tern McNeill; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: None 1. Council considered the following in Closed Meeting: A. Consultation with Attorney - Under TEXAS GOVERNMENT CODE 551.071. 1. Received, discussed, and gave staff direction regarding a briefing from the City's attorneys relating to new legislation (HB 304 and HB 2892), including legal advice relating to the City's duties and obligations under these laws and strategies for implementation. Following the completion of the Closed Meeting, the City Council convened in a 2nd Tuesday Session of the City of Denton City Council. 1. The Council received a report, held a discussion and gave staff direction regarding the City's annexation policy. Kelly Carpenter, Director of Planning and Development, stated that the purpose of the presentation was to hear a briefing on the annexation process and CCN and ETJ boundaries and give staff direction preparing an annexation plan. She reviewed the definitions of annexation policy, annexation plan, annexation program, certificate of convenience and necessity, and extraterritorial jurisdiction. In 1999 the City adopted an annexation plan that stated that no potential future involuntary annexation would contain more than 100 residential units. This restriction exempted the City from the three-year annexation plan required by the State. If the city proposed to exceed the 100 residential unit threshold, a three-year annexation plan must be adopted first. Council discussion- • As the population neared 100,000, the city's extraterritorial jurisdiction would extend out to five miles. • Differences between the Division One and Division Two ETJ boundaries. • Other cities seemed to have a better strategy in annexations around Lake Lewisville than Denton. Carpenter continued with the annexation and extraterritorial jurisdiction policies contained in the Denton Plan. Chapter 34 of the Code of Ordinances detailed the city's annexation policies, procedures and fees as well as development standards and requirements in the ETJ. She reviewed the potential large areas of annexations that included the Cole Ranch, Hillwood Development, Hunt and others north of the Loop, Carter Ranches, Collins/Mingo, and the green City of Denton City Council Minutes August 9, 2005 Page 2 belt area. There also existed 12-13 ETJ holes that were unincorporated in the county surrounded by the city. Issues to address in a new annexation strategy included: updating the Development Code, developing an annexation strategy to provide more specific and objective criteria for making annexation decisions, seeking resolution with Denton County on the ETJ agreement although this did not affect the city's ability to annex, and developing an annexation program that identified areas that the city could reasonably serve with appropriate public service. Council discussed that under existing conditions, an exemption from the three year plan requirement might be beneficial to future annexations. Carpenter stated that another consideration was the North Texas Tollway alternatives through north Denton and future rail options. City Manager Conduff stated that one of the most critical issues for future economic development was the acquisition of right-of-way and the dedication of it to the Tollway for rail expansion. Jon Fortune, Assistant City Manager, stated that unity among area cities and the County was extremely important in order to influence the Tollway alternatives through the area. Carpenter stated that the City was trying to make annexation decisions with existing documents that were probably outdated. Council discussion- • There was a need for draft proposals on the comprehensive plan for an outward look. • Infill issues were important. • An annexation policy needed choices and how a proposed annexation would fit into the annexation plan. • New maps were needed with a five year outlook Consensus of Council was to (1) give priority to evaluate annexation holes within the city limits, (2) determine how far north to annex, (3) look at the comprehensive plan and address the edges of annexation, and (4) develop strategic opportunities to take advantage of the provisions of the annexation requirements. External assistance may be needed with the proposals. Council adjourned into Closed Session to consider: A. Consultation with Attorney - Under TEXAS GOVERNMENT CODE 551.071. 1. Received, discussed, and gave staff direction regarding a briefing from the City's attorneys relating to new legislation (HB 304 and HB 2892), including legal advice relating to the City's duties and obligations under these laws and strategies for implementation. City of Denton City Council Minutes August 9, 2005 Page 3 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 August 16, 2005 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, August 16, 2005 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tern McNeill; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: None. Mayor Brock stated that if the Council had no objections, the order of the items for the work session would change. Item #4 would be considered second and Item #2 would be considered last. The Council received a report, held a discussion, and gave staff direction regarding the 2005-06 Budget and the 2005-2010 Capital Improvement Program. Mike Conduff, City Manager, stated that staff did not have any additional information for the Council. The Council could ask questions of staff if they had any. Council Member McNeill reminded the City Manager that he had requested training and travel numbers from him. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of August 16, 2005. 3. The Council received a report, held a discussion and gave staff direction on the annexation of approximately 6,200 acres of land in the northeastern area of the City of Denton's extraterritorial jurisdiction located within Survey Abstracts: 140, 221, 265, 291, 306, 328, 329, 417, 628, 729, 739, 754, 790, 792, 804, 990, 1144, 1228, 1238, 1253, 1322, 1331, 1418, 1447, and 1640. The property was generally described as commencing near the intersection of U.S. Highway 380 and the Elm Fork of the Trinity River, extending northward, adjacent to the present Denton city limit boundaries established by annexation ordinances 74-36, 84-25, 85-197, 88-025, 88-046, and 89-052, and included the City of Denton Ray Roberts Water Treatment Plant tract, and extending west thereof to include a 1898.19 acre tract owned by INC Partners Denton LLC as evidenced by deed recorded under Clerk's File Number 04-51648 in the Real Property Records of Denton County, Texas, and to include any other property that may be required to satisfy any requirements under Chapter 43 of the Local Government Code. The Council convened into closed session at 4:40 p.m. for legal consultation regarding this item. The Council reconvened into open session at 5:50 p.m. In open session, the Council directed staff to initiate the process to annex properties in the northeastern ETJ generally along Sherman Drive up toward Lake Ray Roberts and to explore other possible routes. 2. The Council received a report, held a discussion and gave staff direction regarding the implementation of Bioreactor Technology at the City of Denton Landfill. City of Denton City Council Minutes August 16, 2005 Page 2 Vance Kemler, Director of Solid Waste, stated that a bioreactor landfill operated to rapidly transform and degrade organic waste. The benefits from operating a landfill utilizing bioreactor technology included increased landfill disposal capacity, a shorter period of post-closure maintenance due to faster bio-stabilization, increased gas production for beneficial use, lower leachate treatment costs, and increased site life. Kemler presented a budget comparison of a traditional landfill and a bioreactor landfill. The bioreactor landfill had approximately $93,600 more in revenues per year. O&M Expenses were approximately $36,650 more than the traditional landfill. Total expenses were $8,675 more per year for the bioreactor landfill. Net income was an increase of $84,925 for the bioreactor landfill. Consensus of the Council was to implement the landfill bioreactor technology. Regular Meeting of the City of Denton City Council on Tuesday, August 16, 2005 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards There were no proclamations/awards presented at this meeting. B. August Yard-of-the-Month Awards Mayor Brock presented Yard of the Month awards to: Joe and Marie Scott Jeff and Amy Cameron Mr. and Mrs. Black Becky Smith Roberta L. Rivers Leslie and Eric Ligon Denton Heart Group - Water Smart Wells Fargo Denton North - Business C. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments to the Council and audience. City of Denton City Council Minutes August 16, 2005 Page 3 3. CONSENT AGENDA McNeill motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. A. Approved the minutes of: July 18, 2005 July 19, 2005 July 26, 2005 August 1, 2005 August 2, 2005 B. 2005-212 - An ordinance accepting competitive bids and awarding a three year contract for the purchase of street light poles for Denton Municipal Electric; providing for the expenditure of funds therefore; and providing an effective date (Bid 3358-Three Year Agreement for Purchase of 35 Ft. Long White Concrete Street Light Poles with Tapered Aluminum Single Arm Brackets to the lowest responsible bidder for each item, Lonestar Prestress Manufacturing Inc., in the annual estimated amount of $25,000). The Public Utilities Board recommended approval (5-0). C. 2005-213 - An ordinance accepting competitive bids and awarding a three year contract for the purchase of precast octagonal manholes for Denton Municipal Electric; providing for the expenditure of funds therefore; and providing an effective date (Bid 3359 - Three Year Agreement for Purchase of Precast Concrete Octagonal Manholes to the lowest responsible bidder for each item, Hughes Supply, in the annual estimated amount of $30,000). The Public Utilities Board recommended approval (5-0). D. 2005-214 - An ordinance accepting competitive bids and awarding a three year contract for the purchase of polymer concrete pull boxes for Denton Municipal Electric; providing for the expenditure of funds therefore; and providing an effective date (Bid 3360 - Three Year Agreement for Purchase of Polymer Concrete Pull Boxes to the lowest responsible bidder for each item, Techline Inc., in the annual estimated amount of $43,000). The Public Utilities Board recommended approval (5-0). E. 2005-215 - An ordinance authorizing the City Manager to execute change order one to the Professional Services Contract between the City of Denton and Arthur Surveying Co., Inc.; dated September 21, 2004; providing for the expenditure of funds therefor; and providing an effective date (Ordinance No. 2004-278; PSA 3219 - Indefinite Delivery Surveying Services awarded to Arthur Surveying Co., Inc. in the amount of $150,000, Change Order One in the amount of $75,000 for a total amount of $225,000). F. 2005-216 - An ordinance approving the expenditure of funds for the purchase of six ISCO Model 6712 Portable Water Samplers for the Denton Water/Wastewater City of Denton City Council Minutes August 16, 2005 Page 4 Department 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 3369 - Purchase of Automatic Water Samplers awarded to Teledyne Isco Inc. in the amount of $40,230). The Public Utilities Board recommended approval (5-0). G. 2005-217 - An ordinance of the City of Denton, Texas, amending Ordinance No. 99-289 by setting the Municipal Court Technology Fee at $4.00; providing for the assessment and collection of a Municipal Court Technology Fee; providing for a repealer; providing for a severability clause; and providing for an effective date. H. 2005-218 - An ordinance of the City of Denton, Texas approving a second Lease Estoppel between the City of Denton, Jet Works Aviation, Inc. and Greater East Texas Certified Development Corporation, and providing an effective date. The Airport Advisory Board recommended approval (4-0). 1. 2005-219 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Southridge Recreation Club for the enhancement and beautification of the fence line around the swimming pool; providing for the expenditure of funds therefore; and providing for an effective date. J. 2005-220 - An ordinance of the City of Denton, Texas, authorizing the Mayor to execute an Interlocal Cooperation Agreement by and between the City of Denton, Texas and Denton County, Texas for the Lease and Implementation of a Wide Area Dark Fiber Network; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (5-0). K. 2005-221 - An ordinance approving a personal and professional consulting services agreement between the City of Denton and Kathy DuBose; authorizing the expenditure of funds; and providing an effective date. 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance approving a zoning change from the Neighborhood Residential 3 (NR-3) zoning district to the Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation for approximately 0.426 acres of land located on the south side of Egan Street and the east side of Carroll Boulevard. The Planning and Zoning Commission recommended approval (5-0). (Z05- 0012, Carroll Blvd and Egan Street) Kelly Carpenter, Director of Planning and Development, stated that the request was to rezone the property to NRMU-12. The proposed zoning change was in compliance with the Denton Plan. One letter of opposition from property owners within 200 feet of the property had been received. City of Denton City Council Minutes August 16, 2005 Page 5 The Mayor stated that some of these mixed-use designations had been a concern - that Council expected one thing and got another and asked if there was any guarantee with the zoning change that this would not be an apartment building. Carpenter replied no, there was no guarantee. The applicant did not come in with an overlay and the City did not require one. Council Member Mulroy asked if there was another zoning category that would accomplish the same live/work unit concept. Carpenter replied there was not. Council Member Thomson asked if this would require an SUP. Carpenter stated that it would require an SUP. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Jerald Yensan, Landmark Surveyors, 4238 I-35 North - spoke in support William Brown, 2719 Crestwood - spoke in support Mulroy reminded the Council that the applicant's letter stated the intent was to build an architect's office with the appearance of a single-family residence, two-story stucco, with a possible living unit on the second floor. The Council asked the applicant if he was agreeable to amending his application to include an overlay district to restrict the use to one building with office use on the first floor and one dwelling unit on the second floor. The applicant agreed to that change. The Mayor closed the public hearing. The following ordinance was considered: NO. 2005-222 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM THE NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT TO THE NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH AN OVERLAY DISTRICT FOR APPROXIMATELY 0.426 ACRE OF LAND LOCATED ON THE SOUTH SIDE OF EGAN STREET AND THE EAST SIDE OF CARROLL BOULEVARD IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING PART OF LOTS 5 AND 7 OF THE BARB'S ADDITION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0012) City of Denton City Council Minutes August 16, 2005 Page 6 Thomson motioned, Mulroy seconded to adopt the ordinance approving the NRMU-12 zoning with an overlay district that only allowed one building with a live/work unit. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance amending portions of Subchapter 16 (Subdivisions) and Subchapter 22 (Gas Well Drilling and Production) of the Denton Development Code; providing for a penalty clause with a maximum fine of $2000.00 per day for a violation thereof, a severability clause; and an effective date. The Planning and Zoning Commission recommended approval (5-0). (DCA05-0006) Tim Fisher, Assistant Director of Water Utilities, stated that this was a modification to the road damage assessment repair agreement for gas well drilling and development. The Council had no questions for staff regarding this item. The Mayor opened the public hearing. No one spoke during the public hearing The Mayor closed the public hearing. The following ordinance was considered: NO. 2005-223 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 16 (SUBDIVISIONS) AND SUBCHAPTER 22 (GAS WELL DRILLING AND PRODUCTION) OF THE DENTON DEVELOPMENT CODE; PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM FINE OF $2000.00 PER DAY FOR A VIOLATION THEREOF; A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (DCA05-0006) Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance amending portions of Subchapter 5 (Zoning Districts and Limitations), Subchapter 13 (Site Design Standards), Subchapter 14 (Parking Standards) and Subchapter 23 (Definitions) of the Denton Development Code; providing for a penalty clause with a maximum fine of $2000 per day for a violation thereof, a severability clause; and an effective date. These amendments to the Denton Development Code primarily affected multi-family development. The Planning and Zoning recommended approval (5-1). (DCA05-0005) Kelly Carpenter, Director of Planning and Development, stated that this project for improving zoning limitations on multi-family development, increasing the design standards, improving the parking standards and clarifying definitions relating to multi-family development had been City of Denton City Council Minutes August 16, 2005 Page 7 discussed at nine public meetings. The amendments to the multi-family land use regulations and limitations were permitted with a Specific Use Permit, or as part of a mixed-use development, or as part of an existing master plan development, or if the development received zoning approval allowing multi-family use within one year prior to the effective date of the ordinance; or if allowed by a City Council-approved neighborhood (small area) plan. The Planning and Zoning Commission recommended approval of the ordinance with amendments pertaining to definitions, residential slope proximity, and a title change to one section (Subchapter 13.13). The Mayor opened the public hearing. The following individuals spoke during the public hearing: Bobby Morris, 700 Magnolia - decided not to speak Steve McNeill, 2303 Bradwood Court - spoke in opposition Eddie Lane, 111 W. McKinney - spoke in opposition Rick Baria, 5138 Edwards Road - spoke in opposition Roland Vela, 729 Ridgecrest - spoke in opposition Steve Stone, 6323 Freeman Road, Krum - spoke in opposition Comment cards were received from the following individuals: Kathy Orr, 625 Londonderry - opposition Virginia McNeill, 432 Fulton - opposition Pam Grimes, 1829 Northlake Trail - opposition Mary Morris, 700 Magnolia - opposition Robert Morris, 918 Anderson - opposition Bill Morris, 1016 Ector - opposition Myra Oliver, 111 W. McKinney - opposition The Mayor closed the public hearing. The following ordinance was considered: NO. 2005-224 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 5 (ZONING DISTRICTS AND LIMITATIONS), SUBCHAPTER 13 (SITE DESIGN STANDARDS), SUBCHAPTER 14 (PARKING STANDARDS) AND SUBCHAPTER 23 (DEFINITIONS) OF THE DENTON DEVELOPMENT CODE; PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM FINE OF $2000.00 PER DAY FOR A VIOLATION THEREOF; A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (DCA05-0005) Mulroy motioned, McNeill seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "nay" and Mayor Brock "aye". Motion carried (6-1). City of Denton City Council Minutes August 16, 2005 Page 8 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 20, 2005, City Council Public Meeting Agenda to adopt a 2005 tax rate that will exceed the lower of the rollback rate or effective tax rate; calling two public hearings on a tax increase to be held on September 6, 2005, and September 13, 2005; requiring publication of a Notice of Public Hearings on Tax Increase in accordance with the law; and providing an effective date. Diana Ortiz, Director of Fiscal Operations, stated that a requirement of the Tax Code was that when a proposed rate exceeded the lower of the rollback rate or the effective rate, the taxing unit's governing body must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. If the proposed rate exceeded the effective tax rate, two public hearings were also required. The following resolution was considered: NO. R2005-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PLACING A PROPOSAL ON THE SEPTEMBER 20, 2005, CITY COUNCIL PUBLIC MEETING AGENDA TO ADOPT A 2005 TAX RATE THAT WILL EXCEED THE LOWER OF THE ROLLBACK RATE OR EFFECTIVE TAX RATE; CALLING TWO PUBLIC HEARINGS ON A TAX INCREASE TO BE HELD ON SEPTEMBER 6, 2005, AND SEPTEMBER 13, 2005; REQUIRING PUBLICATION OF A NOTICE OF PUBLIC HEARINGS ON TAX INCREASE IN ACCORDANCE WITH THE LAW; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Heggins seconded to approve the resolution. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance of the City of Denton, Texas, finding, after reasonable notice, that certain rate case expenses of CoServ Gas Ltd. are reasonable; providing for recovery of rate case expenses; providing for repeal of conflicting ordinances; and proving for an effective date. Herb Prouty, Consulting Assistant City Attorney, stated that this ordinance would allow rate case expenses in accordance with the settlement agreed to by the Coalition of Cities and would settle the rate case expense issues with CoServ. The following ordinance was considered: NO. 2005-225 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, FINDING, AFTER REASONABLE NOTICE, THAT CERTAIN RATE CASE EXPENSES OF COSERV GAS LTD. ARE REASONABLE; PROVIDING FOR RECOVERY OF RATE CASE EXPENSES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes August 16, 2005 Page 9 Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council considered approval of a resolution of the City of Denton, Texas, authorizing participation in a coalition to take positions before regulatory agencies and courts related to Texas low emission diesel fuel rules (30 TAC Chapter 114); authorizing City and coalition participation in the TX LED Coalition; authorizing employment of legal counsel, authorizing contribution toward legal fees and coalition expenses; and providing an effective date. Vance Kemler, Director of Solid Waste, stated the TCEQ was considering air quality rules for diesel fuel under the Texas Low Emissions Diesel (TX LED) fuel rule. This could adversely impact the City of Denton in a number of ways including its utilization of biodiesel fuel and its biodiesel program, cost and supply of fuel, distribution, engine performance, and enforcement. A Coalition of Cities Air Group (CCAG) had been formed which would actively participate in the development and implementation of the TCEQ rules relating to TX LED fuel. Staff felt that the City's participation in the coalition would be the most effective way to have the City's concerns voiced. The following resolution was considered: NO. R2005-030 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING PARTICIPATION IN A COALITION TO TAKE POSITIONS BEFORE REGULATORY AGENCIES AND COURTS RELATED TO TEXAS LOW EMISSION DIESEL FUEL RULES (30 TAC CHAPTER 114); AUTHORIZING CITY AND COALITION PARTICIPATION IN THE TX LED COALITION; AUTHORIZING EMPLOYMENT OF LEGAL COUNSEL, AUTHORIZING CONTRIBUTION TOWARD LEGAL FEES AND COALITION EXPENSES; AND PROVIDING AN EFFECTIVE DATE. Montgomery motioned, Thomson seconded to approve the resolution. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance on first reading to involuntarily annex approximately 244 acres into to the corporate city limits of the City of Denton, Texas. The property is generally located south of Mingo Road and both sides of Collins Road in the eastern section of the City of Denton Extraterritorial Jurisdiction (ETJ) NOTE: A SUPERMAJORITY VOTE BY THE COUNCIL IS REQUIRED FOR APPROVAL. (A05-0001, Ash Grove Cement Distribution Center) Kelly Carpenter, Director of Planning and Development, stated that the Council had held two public hearings regarding the annexation, and a neighborhood meeting was held on July 25. She stated that the Planning and Zoning Commission would hold a public hearing on August 24 and would consider making a recommendation to the Council whether to annex the property and also City of Denton City Council Minutes August 16, 2005 Page 10 a zoning recommendation. As an outcome of the meeting on July 25, Denton County Commissioner Cynthia White had sent out a survey to residents that she perceived would be affected by the annexation and potential closure of the railroad crossing at Mingo and Collins. Commissioner White expected responses to the survey by the end of the month, which would leave the month of September for further discussions. The following individuals spoke regarding the item: Kevin Bradshaw, 2052 Collins Denton, 76208 - in favor of the compromise The following ordinance was considered: FIRST READING AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 244 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED IN THE EASTERN SECTION OF THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION; GENERALLY LOCATED SOUTH OF MINGO ROAD AND BOTH SIDES OF COLLINS ROAD; BEING LOCATED IN THE M. FORREST SURVEY, ABSTRACT NUMBER 417 AND THE T. LIVING SURVEY, ABSTRACT NUMBER 729, DENTON COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A05-0001) Kamp motioned, Heggins seconded to adopt the ordinance on first reading with the understanding that we were still going forward with the compromise with Denton County. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. E. The Council considered the announcement of Council Members Joe Mulroy and Jack Thomson's conflict of interest in the Emergency Shelter Grant Program ("ESGP"). Due to their respective service on an advisory committee of the Salvation Army and HOPE, Inc., both potential contract recipients of ESGP funds in accordance with the requirements of 24 CFR 576.57(d) and considered and took action to authorize the City staff to initiate the process of submitting an application to HUD through the Texas Department of Housing for Community Affairs for an exception to the conflict. Herb Prouty, Consulting Assistant City Attorney, stated that as a result of the HUD Office of Counsel ruling that because of Council Member Mulroy and Council Member Thomson's service on the council and also service as volunteers on two non-profit corporations and the fact that those corporations could receive Emergency Shelter Grant Funds that they had a technical conflict of interest. In order to prevent any adverse impact on our ability to obtain emergency shelter grant funds, we must obtain an exception from the HUD conflict of interest regulations and that required that Council Members Mulroy and Thomson read into the record a statement of the conflict of interest which had been approved by the HUD Office of Counsel. The Council could then authorize City staff to apply for the exception. City of Denton City Council Minutes August 16, 2005 Page 11 Council Member Thomson stated: "The City of Denton is in the process of applying for Emergency Shelter Grant Program ("ESGP") funds from the Texas Department of Housing and Community Affairs, which administers HUD's state ESGP funds in Texas. I, Jack Thomson, want to make it known that since becoming a City Council Member, I have served on the Board of HOPE, Inc. as a non-compensated board member. HOPE, Inc. has in the past or may in the future receive ESGP funds or is a contractor or subcontractor for the ESGP funds administered by the City of Denton. HUD has made a preliminary determination that this creates a conflict of interest under 24 CFR 576.57(d). Although I will abstain from any participation in any vote concerning the grant of ESGP funds, HUD has determined that I am still in a position to gain information with regard to ESGP activities and that the City should request an exception from this conflict to HUD through the Texas Department of Housing and Community Affairs the recipient of ESGP funds. One of the special requirements for an exception to this conflict is that the conflict be publicly disclosed in accordance with 24 CFR 570.61l(d)(1). In order to meet this public disclosure requirement, I, Jack Thomson, am hereby making this public disclosure as part of the City's request for an exception from these conflict of interest provisions. I request that the City Secretary record this statement in the minutes of this meeting." Council Member Mulroy stated: "The City of Denton is in the process of applying for Emergency Shelter Grant Program ("ESGP") funds from the Texas Department of Housing and Community Affairs, which administers HUD's state ESGP funds in Texas. I, Joe Mulroy, want to make it known that since becoming a City Council Member, I have served on the Advisory Council of the Salvation Army, as a non-compensated board member. The Salvation Army has in the past or may in the future receive ESGP funds or is a contractor or subcontractor for the ESGP funds administered by the City of Denton. HUD has made a preliminary determination that this creates a conflict of interest under 24 CFR 576.57(d). Although I will abstain from any participation in any vote concerning the grant of ESGP funds, HUD has determined that I am still in a position to gain information with regard to ESGP activities and that the City should request an exception from this conflict to HUD through the Texas Department of Housing and Community Affairs the recipient of ESGP funds. One of the special requirements for an exception to this conflict is that the conflict be publicly disclosed in accordance with 24 CFR 570.61l(d)(1). In order to meet this public disclosure requirement, I, Joe Mulroy, am hereby making this public disclosure as part of the City's request for an exception from these conflict of interest provisions. I request that the City Secretary record this statement in the minutes of this meeting." Kamp motioned, McNeill seconded to authorize city staff to initiate the process of submitting an application to HUD through the Texas Department of Housing and Community Affairs for an exception. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Heggins "aye", and Mayor Brock "aye". Mulroy and Thomson abstained. Motion carried unanimously. F. The Council considered adoption of an ordinance of the City of Denton, Texas, providing for the creation of a juvenile case manager fund pursuant to Article 102.0174 of the Code of Criminal Procedure; providing for a repealer; providing for a severability clause; and providing for an effective date. Tom Josey, Municipal Court Administrator, stated that a new law effective September 1, 2005 would allow Municipal Courts to collect $5.00 on each conviction of fine-only misdemeanor offenses and the funds collected could be used for juvenile case handling. Some of the programs had previously been supported by grant funds that were no longer available. This would allow support for the Teen Court Program. City of Denton City Council Minutes August 16, 2005 Page 12 The following ordinance was considered: NO. 2005-226 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE CREATION OF A JUVENILE CASE MANAGER FUND PURSUANT TO ARTICLE 102.0174 OF THE CODE OF CRIMINAL PROCEDURE; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Thomson motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. G. The Council continued consideration from the July 26, 2005 City Council meeting for the adoption of an ordinance authorizing subsurface use of an approximate 0.081 acre portion of the Denton Branch Rail Trail near Mile Post 724.8 for the purpose of a wastewater and stormwater sewer consistent with Chapter 26 of the Texas Parks and Wildlife Code; and providing an effective date. The Parks, Recreation and Beautification Board recommended approval (5-0). Janet Fitzgerald, Director of Parks and Recreation, stated that the City had been asked to consider using a portion of the Denton Branch Rail-Trail for a storm water and wastewater line. The proposal was to grant the use of approximately .081 acres to provide the ability to facilitate Phase 2 of Providence Place Apartments. A comment card was received from the following individual: Robert Donnelly, 3900 Quail Creek - opposition The following ordinance was considered: NO. 2005-227 AN ORDINANCE AUTHORIZING SUBSURFACE USE OF AN APPROXIMATE 0.081 ACRE PORTION OF THE DENTON BRANCH RAIL TRAIL NEAR MILE POST 724.8 FOR THE PURPOSE OF A WASTEWATER AND STORMWATER SEWER, CONSISTENT WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. H. The Council considered nominations/appointments to the City's Boards and Commissions. Council Member Kamp nominated Gabriel J. Daley to the Traffic Safety Commission. City of Denton City Council Minutes August 16, 2005 Page 13 1. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth stated that he did not feel it was right for the City to require him to pay for his child to go to Eureka Park where he felt there was a danger to his child from the CCA being released there, had requested a refund, and had not received it. He also expressed his concern that there were no African American firefighters employed with the City. B. Bob Clifton regarding city business. Mr. Clifton stated that Mr. Hudspeth needed to talk to the Justice Department Civil Rights and Equal Opportunity Division. He asked how much money using trash carts would really save. He asked what provisions had been made for the disabled, elderly, and others that could not roll the carts into the street. He stated that a stoplight was needed at Prairie and S. Locust. The speed limit needed to be changed to 30 mph on Colorado from Loop 288 to State School Road, and 40 mph on Spencer from Loop 288 to Colorado. The Water Park costs too much to operate and too much to get in. He stated that we had two state senators and state representatives for Denton that were not making things happen in Denton. He stated that the Council needed to check out UNT's plan for expansion. He felt that the City violated both the spirit and the letter of the city charter. The electric utility was a separate entity. The City violated the charter by discounting UNT and TWU twenty percent as state law required. He also stated that there needed to be a reduction of $3,000,000 in salaries on the budget this year. C. Dessie Goodson regarding responsibility. Ms. Goodson was not present. D. Sherri Gideon regarding funding cuts for social services. Ms. Gideon stated she represented CASA of Denton County. She stated they had requested funding from the City of Lewisville, Town of Flower Mound, City of Carrollton, City of Denton, and Denton County. E. Denise Roberts regarding funding cuts for social services. Ms. Roberts stated her opposition on behalf of CASA of reduction in funding. She stated that 39% of the caseload came from Denton, 23% was from Lewisville. However, Lewisville was providing 33% more of the funding than Denton. J. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. There were no items of New Business suggested by Council for future agendas. City of Denton City Council Minutes August 16, 2005 Page 14 K. 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. L. 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. M. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 9:04 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASST. CITY SECRETARY CITY OF DENTON, TEXAS Minutes of the Annual Planning Retreat of the City Council August 17, 2005 Civic Center Community Room- 2:00 p.m. Council Pre-Discussion Discussion of Council Procedures Planning Staff preparation Annexation Residential/Offices Topics for Discussion Consider P&Z appointments as training for further community leadership roles Mayor Responsibilities The primary external contact for the City All Council Members should work on selling the City Evaluation of key staff operational procedures (Council requests for assistance must go through at least an ACM. Cannot deal directly with staff members) Retreat Discussion Items from the exercise completed in February 2005 were discussed. Those items evaluated the progress of the retreat items from last summer. Item I: Council Governing and Control Algorithm • Citizen input - Improvements had been made but there was still more to do. (Examples Planning Quarterly Review, Tree Ordinance). • Citizens needed to understand rationale of decisions. • Would like updates on pending issues and how they were moving (examples: Code Enforcement complaints, Talliferro Street) on a monthly basis. • Feeling that items are "disappearing" from the radar screen. • Brief discussion held on the possibility of a CRM system or other procedure to track such items and report back to Council. • Close the loop on citizen feedback. Need to track these inputs, newspaper, telephone, phone, etc. and make sure some sort of response was accomplished. Item II: Council Operating Procedures • Council meetings improved 100% with citizen report changes. • Desire improvements to the Yard of the Month Award. (Would like Keep Denton Beautiful to ask for RSVP then attend the meeting in person to confirm that winners were present for presentation by the Mayor, possibly seat them together.) • All evaluation items would be graded higher if survey done today. • Like the 2nd Tuesday sessions and the way they worked. Item III: City Departments • Reliable feedback from development community on new Development Review process - may still be 2-3 years away in finalizing. • Staff has heard Council direction and was "on board" (Director and Consultants); they "get it" and improvements were showing. • Staff will continue to count on Council for feedback and help with the bumps left in the transition. City of Denton City Council Minutes August 17-18, 2005 Page 2 • Agreed that a great deal of the "fat" was gone from the City fiscal/operations viewpoint. • Police vehicle issue still not settled. Want more feedback on traffic enforcement. • Staff still looking at question of adequate staffing and officer ratios, many standards to consider. • Council concerned that things were still tentative after consultant, and things should be more squared away; Council was ready to "have an answer". Would prefer outcomes sooner rather than later. • Would like a report with numbers that show patterns like crime rate, areas of greatest criminal activity, etc. and have a presentation on the findings. • Council still committed to strengthening the police efforts. • Public Safety is still a #1 priority to Council. • Acknowledged that the current system, state law, was preventing success of diversity efforts. • Look at changes to certified hiring and other creative measures, such as Explorer program (in the Fire Department). • The effect of "meet and confer" may play a role in hiring and diversity for civil service. Item IV: Planning and Development for the City • Have to balance future thinking with involvement in private ventures. • Some risk was involved (land purchases, involvement in development). • Suffered for not being proactive in the past, time to "get moving." • Key up topics for an Executive Session to gage Council's comfort level so staff can move forward. • Bring catalog of Downtown properties for Council, all approximates, while waiting for Rutherford's recommendation in the next 60 days. Topics from the Agenda: 1. Council Operating Procedures All of the items listed on the agenda were important as well as consideration of defining the Mayor's current responsibilities and how to maintain Mayor Brock's relationships with existing supportative publics. Attracting younger Council members should be considered when appointing Board and Commission members • Council would like routine items to be "routinized" so that things will move better and Council can be proactive on future oriented issues. • Need to plug into the Chamber and Leadership Denton for good candidates. Council pay is not necessarily a solution for increasing the pool of Council candidates. • Council was satisfied with the meeting structure. Approved of shorter staff presentations and an expectation that Council had read the back up. • Agenda committee was open to suggestions from the other Council Members • Appreciate Council Assistant's calls on Tuesday morning about the consent agenda. Will begin to tell staff if they plan to bring up an item from Consent for specific publicity reasons in advance. • Pleased with work session procedures. • Liked the flow of information requests. Not trying to play "got-cha" during meetings. City of Denton City Council Minutes August 17-18, 2005 Page 3 • Refer accepts and regrets to Council Assistant so she can track Council's participation in events. Assistant will continue to coordinate Council activities and work to make sure some Council representation has been arranged for important events. • Appreciated the ability to have more open discussion when possible (legal aspects). • Legal can provide written opinions if they were willing to have a short recess before going into an unplanned Closed Session. • Budget Process was much better this year. Like increased City Manager and staff involvement. Appreciated detailed efforts to better explain the proposal. Adjourned for the day at 6:15 p.m. Minutes of the Annual Planning Retreat of the City Council August 18, 2005 Civic Center Community Room- 9:15 a.m. Topics from the Agenda: 1. Council Operating Procedures Travel • Council Members will share information from seminars and official attendance at other meetings in informal sessions (luncheons suggested). • Council was interested in setting employee travel/training targets as a percentage of each departmental personnel budget to keep from being either too high or too low. 2. Planning and Development Multi-family Issues • Multi-family and single-family residential rental inspections were still on the table. Needed to consider voluntary registration/inspection program for rental property. • Requested a session to revisit the remainder of the Code Enforcement changes drafted by staff. • Have a session about what was worth putting resources towards. Council will go through Community Aesthetics white paper and look for unresolved issues they'd like to work on prior to a Code Enforcement Session. • Consider issues of substandard housing with attention to single family rental property in established neighborhoods. Consider property owners mistreatment of renters (students). Balance public safety with rights of owners. • Be thoughtful about how to proceed. Enlist the help of the rental property industry. • Changes were needed to stop negative effects on economic development in Denton. • Code Enforcement staff currently doing proactive neighborhood patrols when they received a directed complaint. KDB/CEBuilding Inspections working on efficiencies. City of Denton City Council Minutes August 17-18, 2005 Page 4 • Council was willing to use additional resources for these efforts. Consider possibility of redirecting efficiency study funding to assist with these efforts. Possible tax support in next fiscal year. • Have to weigh the "cost of doing" with the "cost of doing nothing." • Would like to move forward with drafts already presented on code enforcement issues and fill in any holes on code enforcement in the near term. Longer term consideration then presentation of an inspection and/or registration type of ordinance/program, and consider use of international property maintenance code applied to Denton using the stakeholders group during the process. Economic Development Issues • North Denton- it was coming and there will be more when University Drive was done. • Council/Staff to be proactive about influencing the location of the connector to tollway route to benefit Denton. • Continue working on Western Blvd. Anticipated completion 2 years. • Council was ready to reconsider possible amendments needed to the Comprehensive plan, especially in relation to north and west Denton; Staff initiated though Planning and Zoning. • Need further consideration of annexation, land use and utility issues for control in the future. • Council willing to support use of contract help to craft well analyzed annexation plan. • Council would consider peer meetings with other elected officials who have participated in contentious annexations in other communities. • Continue working on Loop 288 West and encourage quality not just reactive development. Downtown Projects • Downtown Taskforce still working on a strategy to make Rutherford's recommendations into an action plan. • Synergy around Wells Fargo. • City participation will be necessary at some level. May work to get properties ready. Consider use of gas well revenue for non-ongoing expenditures to get action plan started. • City role in making specific deals, Council role in considering creative revenue policies in the near-term. Must have a big vision for the long-term. • Economic Development Partnership Board and Downtown Taskforce recommendations will be coming with considerations for future funding if resources can be identified for the near term. Economic Development Drivers • Need an arts master plan for the community, when the new GDAC Executive Director was in place (including consideration of a fashion museum, Texas artist museum, facilities inventory/needed, long-range goals and dreams, organizations inventory/needed.) City of Denton City Council Minutes August 17-18, 2005 Page 5 • Possibility of creating an advisory committee to the Council on public art through the Parks and Recreation Department. 3. City Departments • Council recognized dramatic changes and reorganization for efficiencies. • Continue with efficiency and operations in the Development Review Process using a modified private sector model, and giving Planning the needed resources to build a cadre of established folks with great development service skills. • Need to work on flexibility. Council willing to allow staff to give administrative relief as long as it's not circumventing the public process. • Discussion about which group was most appropriate to review items associated with streets, the Mobility Committee, PUB, or Council approval only. While further discussion was desired, in the interim, use the Mobility Committee as needed. • Mobility Committee should establish a scheduled meeting time on a monthly basis. • Outstanding utility, drainage and wastewater issues seem to have been dealt with in the budget process. • Diversity plans seem to be effective in most workplaces. Area most at risk for criticism is in the Asian community. • Council to help staff with customer service by passing on name and contact information of concerned citizens. 4. Service to Citizens Roads • Real solutions are going to require significant political will and funding. • From a long-range view there wasn't a plan either to maintain or to improve. • CIP will help as more value can be received from match money. • Taxes would require a $0.25 increase for the $10 million deficit needed for streets. • 2.5 cents will get $1 million a year. • ELAP funding will continue for a while. • Reminder that we are behind 10 years in maintenance and capital improvements to streets. • Issue needs to be addressed or it will "come back to haunt us." • In the interim, take a hard look at design criteria to new streets; may go a long way in providing relief. Will bring recommendations to Council and the development community. Other Issues • Need to encourage more citizens to vote, but don't know what process will accomplish this issue. • For public forums, consider going to other organization's established meetings rather than Council hosting their own separate community meetings. City of Denton City Council Minutes August 17-18, 2005 Page 6 5. Environmental Concerns • Pleased with the green aspects of Fire Station #7. Would like to see good publicity done on this. • Consider stopping garbage bag distribution with the transition to cart refuse service. 6. Would like to have a mini-retreat to revisit these conversations after the first of the calendar year. With no further business, the meeting was adjourned at 2:30 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS PAM RAMBO-ESTILL ASSISTANT TO THE CITY MANAGER CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 30, 2005 After determining that a quorum was present, the City Council convened in a Special Called Work Session on Tuesday, August 30, 2005 at 5:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tern McNeill; Council Members Heggins, and Montgomery. ABSENT: Council Members Kamp, Mulroy, and Thomson. The Council convened into Closed Session at 5:36 p.m. to consider the following: A. Consultation with Attorney Under Tex. Gov't Code 551.071 1. The Council received a briefing from and consultation with the City's attorneys regarding legal issues pertaining to annexations, amendments to subdivision regulations, vested rights, and other development related matters. Following the completion of the Closed Meeting, the Council reconvened into open session at 6:28 p.m. 1. The Council received a report, held a discussion and gave staff direction on the annexation of land in the northeastern area of the City of Denton's extraterritorial jurisdiction between the City's current northern city limits and Lake Ray Roberts which may include without limitation an approximate 1900 acre tract owned by INC Partners Denton LLC as evidenced by deed recorded under Clerk's File Number 04-51648 in the Real Property Records of Denton County, Texas, and land between such property and the current city limits that may be required to satisfy any requirements of Chapter 43 of the Local Government Code. The Council directed staff to follow the annexation map indicating the area to annex and the annexation schedule. Special Called Meeting of the City of Denton City Council on Tuesday, August 30, 2005 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. PUBLIC HEARING A. The Council held a public hearing and considered adoption of an ordinance amending the city's platting and subdivision regulations contained in Subchapter 16 and Subchapter 21 of the Denton Development Code, Chapter 34 of the Code of Ordinances, and applicable criteria manuals. (DCA-0008 Amendments to Subchapters 16 Chapter 34 Denton Development Code) The Mayor opened the public hearing. City of Denton City Council Minutes August 30, 2005 Page 2 No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2005-228 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 16 (SUBDIVISIONS) OF THE DENTON DEVELOPMENT CODE; PROVIDING FOR A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (DCA05-0008) McNeill motioned, Montgomery seconded to adopt the ordinance. On roll vote, Heggins "aye", McNeill "aye", Montgomery "aye", and Mayor Brock "aye". Motion carried unanimously 4-0. 3. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered approval of a resolution of intent of the City of Denton, Texas, notifying the Federal Transit Administration of the City of Denton's intent to transfer the federal capital interest in certain vehicles and equipment in the City of Denton's possession currently used for public transportation services provided by LINK to the Denton County Transportation Authority and expressing the City's desire to assign the rights and responsibilities under Section 5307 Federal Grant interests with one exception to the Denton County Transportation Authority; and providing an effective date. Mark Nelson, Director of Airport and Transit Operations, stated that the Federal Transit Administration was requiring the City to submit a resolution of intent demonstrating the City's desire to assign the rights and obligations of certain FTA grant funds and transfer the federal capital interest in capital equipment acquired with FTA grant funds, to the Denton County Transportation Authority. The DCTA Board had approved a similar resolution demonstrating DCTA's desire to accept the transfer. The following resolution was considered: NO. R2005-031 A RESOLUTION OF INTENT OF THE CITY OF DENTON, TEXAS, NOTIFYING THE FEDERAL TRANSIT ADMINISTRATION OF THE CITY OF DENTON' S INTENT TO TRANSFER THE FEDERAL CAPITAL INTEREST IN CERTAIN VEHICLES AND EQUIPMENT IN THE CITY OF DENTON'S POSSESSION CURRENTLY USED FOR PUBLIC TRANSPORTATION SERVICES PROVIDED BY LINK TO THE DENTON COUNTY TRANSPORTATION AUTHORITY AND EXPRESSING THE CITY'S DESIRE TO ASSIGN THE RIGHTS AND RESPONSIBILITIES UNDER SECTION 5307 FEDERAL GRANT INTERESTS WITH ONE EXCEPTION TO THE DENTON COUNTY TRANSPORTATION AUTHORITY; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes August 30, 2005 Page 3 McNeill motioned, Heggins seconded to approve the resolution. On roll vote, Heggins "aye", McNeill "aye", Montgomery "aye", and Mayor Brock "aye". Motion carried unanimously 4-0. With no further business, the meeting was adjourned at 6:45 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASST. CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: November 1, 2005 DEPARTMENT- Legal DepartcnAit CMIDCMJACM: Jerry E. Drake, Jr., Deputy City Attorney SUBJECTS AN ORDINANCE AUTHORIZING THE: CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH DENTON, NAVARRO, ROCHA & BERNAL FOR LEGAL SERVICES RELATED TO MEET AND CONFER. BARGANING ISSUES, PURSUANT TOM 304 AND KB 2892; AUTHORIZING THE EXPENDITURE OF FUNDS TREREFOR; AND ESTABLISHING AN EFFECTIVE DATE. OPTIONS: 1. Approve the contract with Denton, Navarro, Rocha & Bernal. 2. Tlt,e City Attorney's office could handle the matter in-house. RECOMIViEItiID,AMN: We recommend you approve the contract with Denton, Navarra, Rode & Bernal. FISCAL. INFORMATION: The fees are not to exceed $25,000, for now, but the contract can be amended to authorize more as needed. Respectfully submitted, erry E. Drake. J Deputy City omey ~:~a oo.nrr++~MMCec~u lictanmtwn ,R+aa»,lKraon eat~raA~c ORDINANCE NO. i AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH DENTON, NAVARRO, ROCHA & BERNAL FOR LEGAL SERVICES RELATED TO MEET AND CONFER BARGAINMG ISSUES, PURSUANT TO HB 304 AND HB 2892; AUTHORIZING THE EXPENDI'T'URE OF FUNDS THEREFOR; AND FSTABLISHTNG AN EFFECTIVE DATE_ THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTIQh I: The City Manager is hereby authorized to execute a Contract for Professional Legal Services with Denton, Navarro, Rocha & Bernal, in substantially the form attached and incorporated herein by reference. SECTION 2: The expenditure of funds as provided in the attached Contract for Professional Legal Services is heteby authorized. SECTION 1 This ordinance shall become effective hmediately upon its passage and approval. PASSED AND APPROVED this the day of , 2405. I EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN SNYDER, CITY ATTGRNEY Ww ftiwnu"f)rili+sntc~# n..sta tinae t5ax J t 7 { 7 3 t CONTRACT FOR PROFESSIONAL LEGAL SERVICES STATE OF TEXAS COUNTY OF DENTON This AGREEMENT, trade mid entered into this the day of . , 2005 by and between Denton, Navarro, Rocha & Bernal, 2517 North Main Avenue, San Antonio, Texas 78212, hereinafter referred to as "Consultant", and the City of Denton, a Texas municipal corporation, 215 East McKinney, Denton, Texas 76201, hereafter referred to as "City"_ W1TNESSETFI WHEREAS, City* finds it :necessary to employ outside legal counsel to perform professional legal services regarding meet and confer bargaining issues, pursuant to HB 304 and HD 2892; and WHEREAS, Consultant is wilting to perform such services in a professional manner as an independent contractor; and WHEREAS, City desires to engage Consultant to render the professional servrces in connection therewith, and Consultant is willing to provide such services; NOW, THEREFORE, in consideration of the promises and mutual obligations herein, the parties hereto do hereby mutually AGREE as folloNvs 1. SCOPE OF SERVICES Consultant shall perform tlic following services in a professional manner working as an independent contractor not under the direct supervision and control of City. Services to be provided; 1. Consultant shall evaluate the relevant facts, and circumstances and shall advise City, by written opinion, with respect to its options and the legality of such options, regarding researching and responding to requests for legal services, 2. `Consultant shall also consult, as requested, with the City Manager, the City Attorney, and any other designated City staff respecting any and all aspects of the services to be performed under this Agreement. 3. This Agreement specifically contemplates that Consultant will advise City with respect to preparetions necessary- and appropriate to the potential for requested meet and confer brining, pursuant to RB 304 and HB 2812 of the 7V' Texas Legislature (Tex_ Loc. Gov't Code §142.051 through 142.119), including responses and strategies necessitated by the filing of one or more }petitions for recognition as sole and exclusive bargaining agent. In, the event that such "recognition is ultimately granted to one or more representative groups, as a result of consent or election, Consultant will advise and assist. City in coordinating and conducting such bargaining sessions, and provide such other legal services or advisory services as may be necessary and appropriate to finalize one or more collective bargaining agreements, if any are ultimately reached. 4. Consultant shall perform all the professional services required in a timely fashion, and shall complete same in compliance with schedules established by City through its City .Attorney, through discussions with the Consultant, as appropriate to carry out the terms and wild Itions of this Agreement, 2. TERM This Agreement shall be for a term of 12 months, beginning effective. September 1, 2005, and ending on September 30, 2006. This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence of this Agreement, and Consultant shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible during the term of this Agreement, and to meet the schedules established by City, through its City Attorney, or as the pTo~gress of this matter may require. 3. COMPENSATION AND METHOD OF PAYMENT A. Consultant shall charge the following fees for its professional services hereunder, based on the following fees for its professional services hereunder, based on the following hourly billing rates for the attorneys and support staff involved in this matter. Lowell F. Denton $2201hour Susan Rocha S200/hour Patrick Bernal 5200/hour Albert Pena S I Who ur Elizabeth Provencio S165/hour Paralegals $65/hour Time will be billed at one tenth (,l) hour minimum billing increments.. B. Consultant Nwnll try to reduce costs whenever feasible by utilizing qualified principals, associates, paralegals, and. law clerks. Consultant shall bill City through the submission of itemized invoices, statements, and other documentation, together with supporting data indicating the progress of the work and the services performed on the basis of monthly statements showing hourly rates indicating who performed the work, what type of work was done, and descriptions and/or details of all services rendered, along with specific description .and supporting documentation, if available, respecting any reasonable and necessary unit-of- pocket expenses incurred. C. Consultant and City agree to set an initial budget, including all charges for the legal services hereunder, including reasonable out-of-pocket expenses, not to exceed twenty five thousand Contract for PrOfessionat Legal Sc rv it es - PNe 2 i dollars and Consultant ($25,006), agrees to notify City and.. seek a modification of the Agreement should the total fees exceed such amount. 1 U. City shall either pay directly or reimburse. Consultant, as the case may be for reasonable and necessary actual out-of-pocket expenses, including but not limited to, long-distance telephone, telecopier, reproduction, overnight courier, on-line research, and travel. All copies will be charged at the rate of ten cents (SO,10) per copy for copies made within Consultatn'soffices, with as much photocopying as possible being done by outside vendors at bulls rates or by the city to reduce costs if bulk copying is necessary. The parlies agree that there will be no charges for outgoing telecopies or incoming telecopies. Whenever feasible. City encourages cost savings by the use of computer Files in Microsoft Word or Adobe Acrobat formals, attached to e-mail transmissions. E. The parties anticipate invoices or statements for services will be generated on a monthly basis and that said. invoices or statements will be sent on or about the _ day of each month. City shall make paytUent to Consultant within -10 days oCthe satisfactory completion of services and receipt of an itemized invoice or statement, All reimbursable expenses, including, but not necessarily limited to travel. lodging, and meals shall he paid at the actual cost, pursuant to-the- terms, conditions, and limitations hereinabove set forth. All invoices and bills shall be approved -for payment by the City Attorney, F. It is understood that Consultant shall work with the coordination and general supeaision of the City Attorney or the Deputy City Attorricyr. C. All notices, billing statements and invoices shall be made in writing and may lie given by pemorisl delivery or by ntail. Notices and invoices sent by mail shall be addressed to: Jerry E. Brake, Jr., Deputy City Attorney. 215 East NIcKinney, Denton, Texas 76201. When so addressed, the notice, invoice, andlor payment shall be deemed given upon deposit in the united States Mail, postage prepaid. In all other instances, notices, invoices, and'at payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the responsible person or office to whom notices, invoices, atid/or payments are to be sent, provided reasonable written notice is given. 4. PROFESSIONAL COMPETENCY A. Consultant agrees that in the performance of these professional services, Consultant sha11 be responsible for the level of competency and shall use the same degree of skill and care presently maintained by other practicing professionals performing the same or similar types of work. For the purpose ref this Agreement, the key persons who will be performing most of the work .hereunder shall be Lowell F. Denton. However, nothing herein shall limit Consultant from using other qualified and competent members of its firm to perform the services required herein.. 13: All legal:opinionsand other legal documents prepared or obtained tinder the terms of this Agreement are instruments of service and City shall retain ownership and a property interest therein. If this Agreement 'is terminated at any time for any "reason prior to payment to Contract For Professional Legal Sen*es-Fagg 3 Consultant for work under this Agreement, all such documents prepared or, obtained under the terms of the Agreement shall upon termination be delivered to and become the property of City upon request and without restriction on their use or further compensation to Consultant. 5. ESTABLISHMENT AND titAINTENANCE OF RECORDS Full -and accurate records shall be maintained by Consultant at its place of business with respect to all matters covered by this Agreement. Such records shall be maintained for a period of at least three years after receipt of final payment under this Agreement. 6. AUDITS AND INSPECT ON At any time during normal business hours and upon reasonable notice to Consultant, the shall be made available to City all of'Cansultant's records with respect to all matters covered by this Agreement. Consultant shall permit City to audit, examine, and make excerpts or transcripts from such records, and to make audits of contracts, invoices, materials, and other data relating to all matters covered by this Agreement. 7. ACCOMPLISHMENT OF PROJECT Consultant shall commence, carry on, and complete any and all projects with all t practicable dispatch, in: a sound, economical and efficient manner, and, in accordance, with the t provisions hereof and all applicable laws. In accomplishing the projects, Consultant shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by City, 8. INDEMNITY AND 1NDEPtNDFNT CONTRACTOR RELATIONSHIP A, Consultant shalt perform all services as an independent contractor not under the direct supervision and control of Cite. Nothing herein shall be construed as creating a relationship of employer and employee between the parties. City and Consultant agree to cooperate in the defense of any claims, actions, suits. or proceedings of any kind brought by a third party which may result from or directly or indirectly arise from any negligence and/or errors or omissions on the part of Consultant, or from any breach of Consultant's obligations under this Agreement. In the event any litigation or claim is brought under this Agreement in which City is joined as a -part, Consultant shall provide suitable counsel to defend City and Consultant against such claim; provided however, that Consultant shall have the right to 'proceed with competent counsel of his own choosing. Consultant agrees to defend, indemnify and hold harmicss City and all of its officers, attorneys, agents, servants, and employees against any and all such claims to the extent of coverage by Consultant's professional liability policy. Consultant agrees to pay all expenses, including but not limited to attorney's fees, and satisfy all judgments that may be incurred or rendered against Consultant's, professional liability insurance policy. Nothing herein constitutes a waiver of any rights or remedies City may have to pursue under either law or equity, including, without limitation, a cause of action for specific performance or for damages, a loss to City, resulting Contract For Professional Legal Sorvices - Page 4 from Consultant's negligent errors or omissions. or breach of contract, and all such rights and remedies are expressly reserved. S. Consultant shall maintain and shall be caused to be in force at all times during the term of ~ this Agreement, a legally binding policy of professional liability insurance, issued by an insurance carrier approved to do business in the State of Texas by the State Insurance Commission, which carrier must be rated by Best Rated Carriers, with a rating of "A-" or higher. 'Such coverage shall cover any claim Hereunder occasioned by Consultant's negligent professional act and/or error or omission, in an amount not less than 5500,000 combined single limit coverage occunrence. In the event of change or cancellation of the policy by the insurer, Consultant hereby covenants to immediately advise City thereof; and in such event, Consultant shall, prior to the effective date of change or cancellation, serve a substitute policy furnishing the sane coverage to City. Consultant shall provide a copy of such policy and the declarations page of the existing policy to City through its City Attorney, simultaneously with the execution of this Agreement, 9. TERMINATION OF AGREEMENT A. In connection with the work outlined in this Agreement, it is agreed and folly understood by Consultant that City may cancel or indefinitely suspend further work hereunder or terminate this Agreement at any time upon written notice to Consultant, Consultant shall cease all work and labor being performed under this Agreement. Consultant may tenninate this Agreement by giving City 30 days writtm notice that Consultant is no longer in a position to continue representing City. Consultant shall invoice City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement. All reports and other documents, or data,, or work related to the project shall become the property of City upon termination of this Agreement, This Agreement may be terminated in whole or in part, in writing, by either party in the`event of substantial failure by the other party to fulfill its obligations under- this Agreement through no fault of the terminating party. Provided, however, that no such termination may be effected, unless the other party is given [1] written notice (delivered by certified mail, return receipt requested) of intent to terminate, and not less than 30 calendar days to curt; the failure; and [71 an opportunity for consultation with the terminating party prior to termination. C. Nothing contained herein or elsewhere in this Agreement shall require City to pay for any work which is unsatisfactory or which is not submitted in compliance with the terms of this Agreement; 10. ALTERNATE DISPUTE RESOLUTION Consultant agrees that, if necessary, it will use its best efforts to resolve any disputes regarding the Agreement through the use of mediation or other forms of alternate dispute resolution set forth in Chapter 154 of the Texas Civil Practice and Remedies Code CautractFor Professioftal Legal Services - Pagie 5 i 3 i l 11, EN'T:I12.1 AGREF,MENT This Agreement represents the entire agreement and understanding bemcen the parties, and any negotiations, proposals, or oral agreements are intended to be integrated herein and to be superseded by this written Agreement. Any supplement or amendment to this Agreement to be effective shall be in writing and signed by City and Consultant. 12. COMPLIANCE WITH LAWS 1 Consultant shall comply nrith all federal, state, and local laws, roles, regulations, and ordinances applicable to the work covered hereunder as they may now read or, hereafter be ~ amended, including but not limited to the Texas Disciplinary Rules of Professional Conduct. 13. GO V H NING LAW g } For the purpose of determining place of agreement and law governing same, this Agreement is entered into in the City and County of Denton, State of Texas, and shall be ~ governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with this Agreement shall be exclusively in a court of competent jurisdiction sitting in Denton County. 14. DISCRI-1kiTNIATION PROUIBITED In performing the services required hereunder, Consultant shall not discriminate against any person on the basis of race, colter, religion, sec, tnational origin or ancestry, age, or physical handicap. 15. PERSONNEL A. Consultant represents that it has or will secure at its own expanse all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or have any contractual relations with City. Consultant shall inform City of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement, in accordance with Consultwit's responsibilities under the Texas Disciplinary Rules of Professional. Conduct. t B. All services required hereunder will be performed by Consultant or under its direct supervision. All personnel engaged in work shall be qualified and shall be authorizers or permitted under state and local laws to perform such sm ices. i 16. ASSIGNABILITY Consultant shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assiganient,' novationw ar otherwise) without the prior written consent of City thereto, Contract For Professional Legal Services Page 6 3 w 1 3 17. SEV1~ RABILITY p E i All agreements and covenants contained herein are severable, and in the event any of them, with the exception of those contained in sections headed "Scope of Ser does", "l.ndgxm, dent Contractor Relationship," and "Compensation and Method of Payment" hereof, shall be held to be invalid by any court of competent jurisdiction, this Agreement shall be interpreted as though such invalid agreements or covenants were not contained herein. 18. RESPONSIBILITIES FOR CT.ATMS AND LIABILITY Approval by City shall not constitute nor be deemed a release of, the responsibility and liability of Consultant for the accuracy and competency of its work, nor shall such approval be deemed to be an assumption or such responsibility of City for any defect in any report or other documents prepared by Consultant, its employees, officers. agents and consultants, I(), MODIFICATION OF AGREEMENT No waiver or modifcation of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall he offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights, or obligations of the parties hereunder, unless such waiver or modification is in writing,. duly execute' d as aforesaid; and, the parties further agree that the provisions of this section will not be waived as bcrei n set forth. 20. CAPTIONS The captions of this Agreement are for informational purposes only and shall not in arty way affect the substantive terms or conditions of this Agreement. 2l. B )INIG EFFEC'T' This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors; administrators, legal representatives, successors, and assigns where permitted by this Agreement. IN WITNESS HEREOF, the City of Denton, Texas, has caused this Agreement to be executed in duplicate originals by its duly authorized City Manager, and Consultant has executed this Agreement through its duly authorized undersigned parmer, dated this the day of , 2tlft5. Ccantracr For Professioaul Legal Serv ices - Pagc ny y I CITY OF DENTON BY: MICHAEL A. CONDUFF, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: :ED WIN M. X TT4RNE"Y i F DENTON, NAVARRO, ROCHA & BERNAL LO LL Mi4T Tlfqtk f. i F I S:1Our Docu wntsVZon # m1 5''1denton ttavarm.doc, i Contract For Prof:Wo»a l Legal &rviGCS - Page 8 AGENDA INFORMATION SHEET AGENDA DATE: November 1, 2005 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance providing for the expenditure of funds for the further purchase of PVC Conduit for Denton Municipal Electric from Techline, Inc. the vendor in Bid No. 3179; in accordance with provisions of state law exempting such purchases from the requirements of competitive bidding; providing for retroactive approval; and providing an effective date. (Bid No. 3179 additional authority in the amount of me $200,000 above bid price.) BACKGROUND Bid #3179 and the ensuing purchase agreement supplies PVC conduits for use in construction and maintenance of electric lines. Bid #3179 was awarded to Techline. Electric cables are insulated electrical conductors that are used in underground electrical applications. Underground cables are installed in PVC conduits to provide physical protection, to make initial installation easier, to minimize customer surface damage should future cable replacements be necessary, and to inhibit water infiltration into the electrical cable insulation. Hurricanes Katrina and Rita severely affected the supply of raw materials used in the manufacture of PVC conduits. Major components that are used in PVC conduit manufacture are chlorine, ethylene, and resin. Several of the plants that manufacture these components are located along the Texas and Louisiana Gulf coasts. On October 7, 2005, DME received copies of letters, written in late September, from two different resin plants (Shintech and Oxy Vinyle) to the PVC conduit manufacturers that they supply raw materials to (attached as Exhibit 1). These two letters were to announce that they could not fulfill their supply commitments to the conduit manufacturers and that they will adjust pricing from the initial order date to the date at which shipment occurs. For examples, the following are statements or summaries of statement from the letters: Oxy Vinyle stated in their September 27th letter: 1. "The costs to produce PVC resins have never been higher nor has the supply capability been more challenged". 2. "Based on strong demand in August, the PVC resin industry pulled inventories down nearly 100 million pounds. On a conservative basis, the two hurricanes combined have knocked out an estimated 400 million pounds of PVC resin production throughout the industry". Shintech reported in their September 26th letter: 1. They were forced to secure their Freeport plant and evacuate personnel from a mandatory evacuation of Brazoria County (their largest production facility). 2. Their natural gas supplier for their Louisiana operations declared force majeure forcing Shintech to cease production at their Addis facility. Additionally, a plastics plant located in Port Comfort, Texas experienced a large explosion as they were trying to restart operations after hurricane Rita. This has affected the supply from the manufacturing side. DME has projects for construction in process that will require installation of an estimated 162,000 feet of various sizes of PVC conduits over the next six-months. The amount of conduit presently in the City of Denton warehouse is approximately 43,000 feet. Purchasing has obtained commitments to deliver to DME the additional 6,880 feet of conduit Techline has in stock for the prices quoted in the existing purchase agreement. This purchase has depleted the entire stock allocation that was reserved by the vendor for DME as a part of the purchase agreement. The purchase agreement required the vendor to maintain a surplus stock amounting to 10% of the estimated annual requirement. The vendor has stated that they will not honor the price in the agreement for any additional orders. If additional conduit cannot be obtained over the next several months, project construction by DME will have to be halted. Should conduit supply in the warehouse be completely depleted, DME could not perform maintenance operations. Failed older lines that are directly buried in some subdivisions could not be replaced without compromising future reliability. Larger lines on major feeders or lines to larger customers may not be able to be repaired correctly or quickly. If a line cannot be repaired or replaced properly, costs will increase because the repair will have to be redone when the proper material is available or future reliability will be compromised. Public health safety and welfare could be affected in such cases. The present market pricing volatility makes it impossible for DME to do business under current purchasing rules. Today's total change in the unit prices is much more than the allowed 25% increase over contract prices. Purchasing rules require a rebid in such situations. A rebid will not solve the problem because no one will even quote fixed prices, much less hold prices through the city's bid and approval process. A way must be created to allow procurement of conduit to continue in an extremely volatile environment. Conduit is now priced as of the date of shipment from the factory. A firm quotation cannot be obtained except where existing stock still remains in a vendor's possession or where the purchaser is willing to pay an extraordinary premium. Vendor stock is quickly disappearing because of pre-existing commitments, such as DME has just exercised under its contract. Therefore, it is not possible to obtain a traditional bid at the present time. Vendors are indicating that any quotations or contracts will have escalation and/or time of shipment pricing features. Even if DME agrees to an escalation method, purchasing rules have no provision for such a pricing structure or that will allow continuation of a purchase if an indexed price change exceeds 25%. City Legal staff advises that attempting to enforce the existing purchase agreement would result in the vendor exercising the 30-day termination option with no advantage to the city because the market will not provide a desirable bid solution at this time. The problem is general to the industry and affects all vendors. Attempting to enforce the agreement in the current situation would discourage other vendors from working with the city. It would also end any advantages the city has in allocations made by the manufacturer or the vendor on the city's behalf or that have been included in the agreement. In Techline's defense, they have honored the price in the agreement for stock that was on hand, and the manufacturer and Techline have committed to pass on any reductions in price as well as price increases. DME is in the desirable position that the manufacturer has committed to place DME's requirements at the top of their manufacturing priority. That means that DME, under the current contract, can at least obtain conduit if it is willing to pay the prevailing price on the shipment date. This request is for approval to make an emergency purchase of conduit based on maintaining a two-month supply of conduit in warehouse stock plus obtaining the conduit required to meet the known requirements for November and December. During this two month period DME will be able to observe the market, review potential approaches to adjusting purchasing practices to meet prevailing market requirements, and recommend a longer-term strategy to the Public Utility Board and City Council because similar pricing characteristics are being exhibited in other material markets. Clearly, using the state's emergency procurement procedures on a regular basis to deal with what may well be a six-month or longer problem is not practical. DME and the Material Management Department have last week asked for a legal opinion on whether there is any applicable exception to the competitive bidding requirements to deal with this situation. Two of the city's in-house attorneys have answered that there is. Their opinion will be delivered in the Closed Meeting that precedes this agenda item on October 24. OPTIONS 1. Recommend approval of emergency price increases on the unit prices in Bid #3179 for a two-month supply PVC conduit. 2. Do not recommend approval of the emergency price increases on the unit prices in Bid #3179 for PVC conduit and cease new electrical construction in order to have an emergency supply of PVC conduit in stock dedicated for emergency repairs of existing electric customers. RECOMMENDATION Recommend approval of fluctuating emergency price increases on the unit prices in Bid #3179 from Techline, Inc. for the purchase of a two-month supply of PVC conduits. See Exhibit 2 for detail of cost information. ESTIMATED SCHEDULE This emergency price increase agreement will become effective immediately. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item was presented to the Public Utilities Board at their October 24th regular meeting. The Public Utilities Board recommends approval 7-0. FISCAL INFORMATION It is expected that the total amount of electric distribution PVC conduits purchased during the term of this emergency agreement could total approximately $200,000 which is approximately $122,000 above the contract bid price. BID INFORMATION None EXHIBITS 1. Ordinance 2. PVC Conduit Requirements - November and December 3. Letters from two resin plants and PVC conduit manufacturer 4. PUB Minutes Respectfully submitted, Sharon Mays Director of Electric Utilities Electric Administration Prepared by: Chuck Sears Engineering Administrator Denton Municipal Electric ORDINANCE NO. 2005- AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE FURTHER PURCHASE OF PVC CONDUIT FOR DENTON MUNICIPAL ELECTRIC FROM TECHLINE, INC. THE VENDOR IN BID NO. 3179; IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; PROVIDING FOR RETROACTIVE APPROVAL; AND PROVIDING AN EFFECTIVE DATE (BID NO. 3179 ADDITIONAL AUTHORITY IN THE AMOUNT OF NTE $200,000 ABOVE BID PRICE.) WHEREAS, state law requires that certain contracts requiring an expenditure or payment by the City in an amount exceeding $25,000 be by competitive bids, except for certain exempt purchases as are expressly set forth in §252.022 of the Texas Local Government Code; and WHEREAS, Techline, Inc. has performed its Contract with the City for furnishing PVC conduit until September 23, 2005; at that time they notified Denton Municipal Electric ("DME") that they would no longer honor the contractual price set out in their Contract with the City; that they would furnish additional PVC conduit subject to DME's allocation of same, but would thereafter furnish what PVC they could to the City at an escalated cost to them, which was quoted as presently being over 25% of the Contract price; the price of same being variable on a weekly basis; and WHEREAS, DME uses PVC conduit in many construction-related and maintenance related functions, and must maintain an inventory of same to supply both functions; the City is an entity that has contracted with Techline, Inc., which means that the City would have an advantage over an customer who was not an existing contract customer of Techline, Inc.; Techline, Inc. agrees to try to keep the City's contractual allocation of materials and supplies; DME maintains a reasonable, but a fairly short inventory of PVC conduit for its operational needs, as it has not felt that it is necessary to stockpile PVC conduit in large quantities; and WHEREAS, in recent weeks two severe hurricanes, Katrina and Rita have seriously damaged many of the facilities that handle the raw materials for the manufacture of PVC conduit on the Texas and Louisiana Gulf coasts (being chlorine, ethylene and resin); additionally, there have been serious damage to the manufacturer's plants in that area as well; such events were unexpected by the City of Denton; and WHEREAS, the market for PVC conduit has gone upward sharply because of the limited quantity and supply of same; the standard City Contract provides that either party to it may cancel the same upon thirty days advance notice; were the vendor, Techline, Inc. to cancel its Contract with the City; Staff is of the opinion that re-bidding the contract would not only be problematic, because of a lack of supply; but would very likely be unsuccessful at this point in time, that is with no bidder responding; and WHEREAS, §252.022(a)(2) of the Texas Local Government Code provides an exception to competitive bidding if a procurement is necessary to preserve or protect the public health or 1 EXHIBIT 1 safety of the municipality's residents; the PVC conduit is necessary to supply electricity to the citizens of the City and, due to all the factors recited herein including, without limitation, the disruption in PVC manufacturing and supply caused by the two hurricanes, there is a calamity or emergency or circumstances requiring the immediate purchase of PVC conduit to preserve and protect the public health and safety of the municipality's residents; and WHEREAS, on the 24th day of October, 2005 the Public Utilities Board discussed and recommended by a 7-0 vote in its Open Meeting that the request for purchase of a two-month supply of PVC conduit was well-taken; and accordingly the City has placed an order for PVC conduit on October 24, 2005; and therefore requests that this ordinance be made effective retroactive to October 24, 2005; and WHEREAS, the City Manager has recommended to the City Council that it is necessary to purchase goods or services, being specifically an estimated two-month's inventory of PVC conduit from Techline, Inc. until Staff can determine more of what the market is or will be with regard to acquiring PVC conduit; at the prices quoted by Techline, Inc., which prices will be determined by Techline, Inc. on the date that the PVC conduit is shipped from Techline, Inc. per the Contract; and WHEREAS, the Council hereby accordingly finds that this procurement is necessary to preserve or protect the public health or safety of the municipality's residents in accordance with §252.022(a)(2); and also finds that the same is in the public interest; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations and findings set forth in the preamble of this ordinance are incorporated by reference into the body of the ordinance as if fully set forth herein. SECTION 2 The City Council hereby determines that this procurement is necessary because of the circumstances set forth hereinabove in this ordinance, and the purchases are hereby approved: the following purchases of materials and supplies, as described in the "Bid No. 3179 and the Contract entered into by and between the City and Techline, Inc., referenced herein and on file the office of the Purchasing Agent, are hereby approved: PURCHASE ORDER VENDOR AMOUNT 3179 Techline, Inc. Varying [NTE $200,000 above Bid Price] SECTION 3. Because of the circumstances set out above, the City Manager or designated employee is hereby authorized to purchase the materials and supplies described in the attached Purchase Orders and to make payment therefore in the amounts therein stated, such purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids. 2 SECTION 4. The City Council hereby agrees with the finding and action of the Public Utilities Board and accordingly ratifies, confirms and approves, and makes this ordinance retroactively effective as of October 24, 2005. 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, CITY ATTORNEY By: S:\Our Documents\Ordinances\05\Techline Inc-Ordinance-Auth Purchase of PVC-Exception.doc 3 O O (D O O O I- O O O m CO (D G) 000 T G) O f V O O O O O In 0 N N O Lo LO (fl O) 001- V V (1) 00 N 00 LO 00 LO N_ O (D (D V N V- Cfl - 00 O LO N O r R N r 00 N N CO - LO cD (D O) Ln 00 (D Ln O of O M 0 Cl) N N 0 Co Ln LO CG a) CG G) N F+I F- N N ry 000 ~ yMII O O W 00 O 0(0 CG 00 O cD O O Lo Lo CG V 00 000 00 O O (D CG N 00 O (D O O) O) ° G) N N CD O V O N V O CD O (D (D LO V O (D 00 Cl) (D O Cl) G) 1~ (D CO N M le M Ln Co V M 6 O O r 00 N N O a) al N Ln O Lo N CG V 7 7 ER ER ER ER 64 FF) tR N N V V y, O 0 0 00 0 0 O O y, O Cl) O O O co O LO (D a) O O O O O v Cl) 00 a) 00 M (D (D N am LO r O (D ° C() (D a) p O LO 00 LO V In - (D r- 0 O I- 00 U co co N co N N O co ~ (1) N T i Lc; M N N N N O r r I~ 6 O -7 -7 N N O CO V co Y Y ER ELT 691 691 O t O t d a CO a CO p OOO OOO o 00M p O O 000 O co v V O O O r 00 u> V LO O~ O (D (D am N V (D V O CD (D O O - M CD O V 00 N W Cl) (D M O) 00 ~ O 00 O r V O .4 O (fl O - m N (0 LO N r co (1) LO ^W A 7 7 69 EA EA EA e> A O N N E O t t N N 0 N N Z L O O(D O OrOOOM MI- O O 00 O O Nrrn co co It ~w 00 O O In In N 00 N N (O G) 00 G) O O) 00 O 00 ° co I- 00 W CD In V O 00 M In N (O O u> p In (O O (O (O (D O) Cl) V I- 0 LO (D O N V V Lo - N Lo Ln O (D I V (O M O O O (O LO _ 0 a) cD N (D I- N N LO O O O N Ln M EA EA EA EA 64 FF) tR ~ 7 7 W V N N O ~ ,OA N N YI ~ N O a) U U O ~ U 0 O Q a) O i Y ~ U o - Y O N U o - O U N (1) C) F E - /L C Q O_ Q ~ Q O R O t C T i aN+ U U) a) 5 O N > O O _ O O O O N N N .o d O 2i N Q N O O O O -O N 0 0 O cr 00 N V N N 7 a) U U F F 0 N a) 4 o u) U) Y E a) E 0 E uo v 'a fl m ° ° N CU :3 0) cu C: cu 0 CU C: d N O N M a a a) L O E O O O a fC .U CU V N J C O a) ,7 C O- U a) 0 LL E Q U i i a) 'E S .6 x O m ~ y y N c c ~-FD . z~ o c x d 0 E c W m 3 a) O O v aNi aNi `m c t LU -F _0 N 0) Q a) U) O m rn° o 0 0 U O.2 E Y~ 0 3 a) c O n c c m cu cu tf J J 0 0 c m J a O a~~i (n m U O U O O E 5, U a) 0-) rn v c c a) d Q E c c H r a m c ° ° c c rn o o a) O E :3 Cl) :3 -Fu 0 in E 0 -:5 O O O a) a) a) O D E N O E E O O aO+ c a~+ 0 0 N - cu LO 0 U U> 0 0 m Z =1=) W H d> Q Q Q- H H m J- H a 0 0 U any Vinyls, LP 5W3 L19J FMDI"y %A s"4ofOcd*nbd Pr6d@um Darpat &M Poise, f'ndne: 9TX 752"-81,23 7202 -7= n20-7QOa 14p loom er 27, 9005 CONTACT NAWIF- CONTACT Tfi'LE CONTACT COMPANY GOINTAC T STREET CONTACT iLLOWIDN Agar $ALUTATION: 'ihim istter is to advise you lhatcxfflnyls is ne *jng ifs Odober pdab incresse to $ a.js men c+e1►Is) per pund beginning with shlpmu"W 0001W 1, 2005- This nGW irloteese repacss end su"Madae the previously Armounoed 50.00 per poghd iPPMAW. Ahough, t7xyMftyis and MyChem were bully very forlun ale that the VnQnufQdWng Vt Ks survhmd both hurricanes with drily irtlnimol doulaod. it number of nranufaduring tocalms, indufing tht Houston area tgmpl%K, at* pperallrg under gelled conditions. The costs to produce PVC retins have ""r been tbhar nor hats the supply o"oWllty loan mom RAelisnued. metal facllmes are foldryi naplral gas mttelmsMa am e1"fllr supply hftes: MGM natural gals aurtalirneaw have bpeil 1Mplementt0, spa! Mfom have mached lino per million ETV& It fs prbjaded that tlcdober rinjur81 gap car lratj prkft will wwW September 19*0 signlftantly. In addlflon, ethylens pwducam love announced October Increasas of $0:10 W pound, Thle is on top of the $0,0815 per pound loc eases odready elttflned sing July. R[hene, d key feedstock to prbduoe ethylene, Is hinds sslil ig near $0.90 per began. Mhieh mpromnts a I% frrc mess slat* August.. l4ased on. stran0 dvmnnd In Auguin. the FW resin Industry pulled Inventoriea down nearly, 1130 million pounds. Cn s wniwnmf * boa>e, the two storms combined have knockmd cot an asllMated 400 million pounds of PVtG win prbducllon throughout the Industry, All totelvd, this equates to nearly 19 do" of inaustryl wide im mWoty d'~imiow' n which! 1s plating se vale p vmm upon Mud supply pAmbliitles, preese $o assured that averythlrrg passible is being done to tnatore smooth and rellable oper>armns t6 ell of our plantar.. In the Interim. OxyVInyls rnplna under force ma)aure end *01 manatle our supply to taistomers an e fair and m0alwwRbIa 00s_ Rlearo dontact yayr Oxyl lnos sales Demon if you have additional quell dims. Sinca3rrrlY. IMM M_ Hendrix NAce President, sales BMH1tyf. , ct: SALESMAN NAME _ CC: NAME ADDROS PAW ,E /6 1 7" 2 9kFP6WF"r wpm* EXHBIT 3 SRI~ BNInMeh, trtr'j+~ 113 [$ggnWgy Pl~s•, fit.tts 77SR, FfDV41nl1r 71Mk11B, 77dds, (7 f 3) 9ed!*C~7]:;f t3opuernlsll' Z6, 4~~ • As I mcwWonW to you cm Fddsy, ftwober 23, 2W5, and as you trwere aWady awwa, RtuAr = Rit % them w Ca gay 4 s wwm, wino peillated to make la>ot'I Wj in the HemmomWo It AltYttltr of *,a Tens Of mut Aod odmc shpray ago midw& go %hV*Wj SepuelmbeT 244. The rtorm came 40hote es a C3alCPV $ Ih> TkUNc in tlm sabiaa Foss area early 8atwdw y >rtlcrWi lg , the 246. In adolp an of what Waif then a C-Avsory $ aloft beaftg down on Fmeporr em 'Jbuway, Sep" "bar 2e: gpvm menc oftfib ale as d the mmorideopl y Il:vanwUcr t or BrwAda Caurib . T exws whow our lsrgam Pnxluadou Jdhty Is loam In a ndonv our ndxwol gar supplier for our Lauwmm opmydam dwimed rarm n ajowc due to Hur6oroar Rfte6 famias us to cme pmduodon in Addis. As , a gull or j' the Mrm and evirA Lion otdarr vm shut &wp a, secured our Irnspon plat and evammbA aw pq*nwl- Aa montlonecl, vine also lWW mU opendom at our Lorin mi ma plant. We do not kmw *Son we Will be a'to ye-start the pWAM, jWd do >raot knmy the agent of 4wro ps &w plouts suffered as a raeult of the mrrm, but inlltlal rep" arc encaur>aglaia. You tarn be mcimd we will dv cwryjhjgg in our power in lr~stMe opuMkm am soon 4s p9slllii6le. rh the nwwOmo, and any I meotaotlad on Mday; wv wuro fbmad to declxm form J ideurc for ow PVC pmdvbtion tWective ] at Tbwv*, $eptmtAber 2U4 W* are mehlty mo><ibe ttg tlae sitmilon but du nor imow what effew The stw W MW bove on out Oft to meet doliviRy wbWulca at US point, WIC wilt kcc;p you advised as mom develop. M yua have any gmdUcto. plamw c atfl wt rmle. T.henks for your ee+nulstw4 .b+sdnms. DRAFT AGENDA PUBLIC UTILITIES BOARD OCTOBER 24, 2005 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, October 24, 2005 at 9:46 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Bob Bland, John Baines, Bill Cheek, Phil Gallivan, George Hopkins, Charldean Newell, Dick Smith EX OFFICIO MEMBERS Michael Conduff, City Manager Howard Martin, ACM. /Utilities ITEMS FOR INDIVIDUAL CONSIDERATION: 7) Consider recommending approval of emergency price increases on the unit prices in Bid #3179 for PVC conduit related to shortages of raw materials (chlorine, ethylene and resin) created by Gulf Coast plant damages from hurricanes Katrina and Rita. This item was discussed in Closed Session. Board Member Bob Bland moved to approve with a second from Phil Gallivan. The motion was approved by a vote of 7-0. EXHIBIT 4 AGENDA INFORMATION SHEET AGENDA DATE: November 1, 2005 DEPARTMENT: Parks and Recreation Department ACM: Howard Martin, 349-8232 SUBJECT Hold a public hearing and consider adoption of an ordinance granting approval of the use of a portion of the Pebble Brook Open Space Park for the purpose of electric utility easements in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for an electric utility easement; and providing an effective date. (Parks, Recreation and Beautification Board recommend approval 6-0.) BACKGROUND The City of Denton Municipal Electric Utilities requests the use of two areas of parkland for electric utility easements in order to relocate electric lines and switch gear. This requested use is in reference to utility relocations for the Loop 288 re-construction. One easement is to establish a legal easement for an existing feeder line placed during construction of the Pebble Brook Apartment complex and the other easement is to establish an easement for the switching gear and overhead poles and guy wires needed to be relocated for the Loop 288 construction. State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands, of the Texas Parks and Wildlife Code requires that: (a) a municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park unless the municipality, acting through its duly authorized governing body or officer, determines that: (1) there is no feasible and prudent alternative to the use or taking of such land; and (2) the program or project includes all reasonable planning to minimize harm to the land, as a park, resulting from the use or taking. (b) A finding may be made only after notice and a hearing as required by this chapter. " If the proposed utility easement is allowed, a value must be placed on the 0.495 section of land and charged to the Cities of Denton Electric utilities. In addition, land disturbed in the park will be returned to its original condition. Parks and Recreation Department and the City of Denton Electric Engineering staff have reviewed all other possible alternatives. These alternatives included: • Select another route through the city that would by-pass the park area. A routing study was conducted and it appears unreasonable to relocate existing services. These easement requests are for existing service needing to be documented and moved slightly. • Permit the proposed easements across the park area by creating easements for the existing electric lines passing through the open space area and establishing an additional easement for placement of overhead poles, lines and guy wires. After review of options, it appears this option is the only feasible and prudent alternative to provide electric service to this part of the city. OPTIONS City Council may approve or deny the recommendation to a allow a public utility easement across Pebble Brook Park, select the another option outlined above, or request staff to submit an alternative not listed. RECOMMENDATION After reviewing all alternatives, staff recommends approval of the use of the Pebble Brook Open Space Park for these electric utility easements. There will be no major impact on current park operations or programs. The Parks and Recreation Department confirms that the City of Denton has investigated all other alternatives and has used reasonable planning to minimize harm to the land. ESTIMATED SCHEDULE OF PROJECT Construction is currently underway. This section is estimated to start in December. PRIOR ACTION/REVIEW The Parks, Recreation and Beautification Board recommended approval 6-0 on September 12, 2005. FISCAL INFORMATION Compensation related to this use is still under discussion with Denton Municipal Electric Utilities. It is reasonable to expect that improvements directly related to programs and/or facilities in the Pebble Brook Open Space Park will be provided. BID INFORMATION Not applicable EXHIBITS: 1. Ordinance 2. Map 3. Minutes Respectfully Submitted: Janet Fitzgerald, Director Parks and Recreation Department Prepared by: Bob Tickner, Superintendent Parks and Recreation Department 5:1Ocr D-cnty 0rdinanc "%Chap 26 Ordinance Pebble Brook open Space Park Elecvic Uliliry Easements 11-1-05.doc ORDINANCE NO. AN ORDINANCE GRANTING APPROVAL OF THE USE OF A PORTION OF PEBBLE BROOK OPEN SPACE PARK FOR THE PURPOSE OF ELECTRIC UTILITY EASEMENTS IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR A PUBLIC UTILITY EASEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 26.001 of the Texas Parks of Wildlife Code provides that public land designated and used as a park may be used for a non-park purpose if the City Council finds after notice and hearing that there is not feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable planning to minimize harm to the park resulting from such use; and WHEREAS, the City of Denton desires to improve electric utility service to the City of Denton by improving Loop 288 and relocating utilities onto certain areas within Pebble Brook Open Space Park; and WHEREAS, the City of Denton desires to provide the public utility easements since alternative options would not be feasible and prudent; and WHEREAS, the City provided notice in the Denton Record Chronicle on October 10, 17, and 24, 2005 of a Public Hearing to be held on November 1, 2005 in the Council Chambers to consider the alternatives to the use of City Park for the public utilities relocation project; and WHEREAS, the City Council on November 1, 2005 received testimony at a public hearing on the issues of no feasible and prudent alternative to the use of the property for the proposed project and that the project includes all reasonable planning to minimize harm to the Pebble Brook Open Space Park resulting from the public utility easements; and WHEREAS, the City Council finds that the project does not fall within the purview of Section 253.001 of the Texas Local Government Code; and WHEREAS, the City Council finds that there is no feasible and prudent alternative to the use of the park land and that the subject utilities relocation project includes all reasonable planning to minimize harm to the park as a result of the project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The public utility easements proposed by the City of Denton Municipal Electric Utilities (the "Project") shall be constructed and maintained within the park property described in Exhibits A and B attached hereto and made a part hereof for all purposes (the "Park Property"), and that the surface of the park after installation of the utility lines be constructed in a manner so that the park land may still be used by its patrons after completion of the Project in the EXHIBIT 1 5:%Our Docummu\Ordinancea5\Cliap 26 ordinance Pebble Drook Opcn Space Park Ewric LWay Easements doc same manner it was used prior to the Project, except for the pole, guy wires, manhole and utility vault shown in Exhibit B. SECTION 2. A public utility easement shall be signed by the City Manager or his designee and approved by the City Attorney allowing the use of the Park Property for the Project as referenced above with appropriate provision to insure the improvements are constructed in accordance with City Subdivision Rules and Regulations; protects the patrons using the park from injury and damage both during and after construction of the Project; compensates for the reasonable market value of the use herein granted and generally protect the health, safety and general welfare of the City. Construction plans shall be submitted to the City for approval prior to any work. SECTION 3. During construction of the Project, temporary use of such additional park land necessary to stage the construction of the improvements may be approved by the Director of Parks and Recreation Department. However, at the completion of the construction activities for the Project such additional park land shall be restored to the condition to which it existed prior to the beginning of such construction activities. SECTION 4. The rights and benefits set forth in this ordinance may not be assigned without the express written consent of the City. SECTION 5. The findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDE CITY TORNEY By: Page 2 of 2 Exhibit A Arthur Surveying Co., Inc. AM"Orel fcuzar Zama surveyaTs P.Q. Box 54 Lewisville, Texas 75067 (ice: (972) 221-9439 - Fax: (972) 221»4675 20' EASEMENT EXHIBIT Page 1 of 3 Being a 0.452 acre tract of land situated in the ME. P. & P. R R Survey, Abstract No. 947, in the City of Denton, Denton County, Texas, and being a part of Lot 2, Block A, Pebblebrook Addition, an addition to the City of Denton, according to the Plat thereof recorded in Cabinet O, Page 264, of the Plat Records of Denton CounM Texas, and being more particularly described as follows: CONWENCING at a 518 inch iron rod found at the westernmost northwest corner of said Lot 2, same point being in the east line of Loop 288 (a 120 foot right-of-way), same point being the southwest corner of a tract of land conveyed to Dana 1. Beavers, as described by deed recorded in Volume 3373, Page 10, of the Real Property Records of Denton County, Texas (R-P.RD.C.T.); THENCE South 89 degrees 58 minutes 10 seconds East, a distance of 20.00 feet to a point in the south line of said Beavers tract and the north line of said Lot 2, salve point being the northeast corner of an existing 20 wide easement same point being the westernmost northwest. comer and POINT OF BEGINNING of the herein described tract, same point being on a non-tangent curve to the left with a radius of 450.00 feet and whose chord bears North 59 degrees 52 minutes 30 East, a distance of 437.23 THENCE along the southeast line of said Beavers tract and the northwest line of said Lot 2, through a central angle of 58 degrees 07 minutes 52 seconds, an arc length of 456.56 feet to a 518 inch iron rod found for corner, THENCE North 30 degrees 50 minutes 30 seconds East, continuing along the southeast line of said Beavers tract and the northwest line of said Lot 2, a distance of 364.30 feet to a 518 inch iron rod found for corner at the southernmost corner of a tract of land conveyed to Craig Irwin and Dale Irwin, as described by deed recorded under County Clerk File No. 95-R0450144, R.P.R.D.C.T.; THENCE North 30 degrees 36 minutes 11 seconds East, along the southeast line of said Irwin tract and continuing along the northwest line of said Lot 2, a distance of 153.32 feet to a 5/8 inch iron rod found for corner in the southwest line of a 30 foot right-of-way dedication as shown on said Plat recorded in Cabinet O, Page 264, same point being the northernmost comer of said Lot 2; I THENCE South 59 degrees 23 minutes 50 seconds East, along the southwest line of said 30 foot right-of way dedication and along the northeast line of said Lot 2, a distance of 20.00 feet to a point for corner; THENCE traversing across said Lot 2, the following courses and distances: South 30 degrees 36 minutes 11 seconds West, a distance of 153.36 feet to a point for comer; South 30 degrees 50 minutes 30 seconds West, a distance of 364.34 feet to a point for corner at the beginning of a non-tangent carve to the right with a radius of 470.00 feet and whose chord bears South 59 degrees 52 minutes 30 seconds West, a distance of 456.64 feet; THENCE along said carve to the right, through a central angle of 58 degrees 07 minutes 40 Exhibit A Arthur Surveying Co,, Inc.. .PzzafesWcwal r -.n d surveyrns P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 - lax: (9M) 2214675 20' EASEMENT EXHMrr Page 2 of 3 seconds, an arc length of 416.66 feet to a point for corner, same point being the east line of said 20 foot easement; THENCE North 01 degrees 06 minutes 08 seconds West, along the east line of said. 20 foot easement, a distance of 20.00 feet to the POINT OF BEGINNING and containing a total of 0.452 acres of land, more or less. 4F S Y ER++! ©LAS ARTHUR A= rX gta./ Arthur, R P.L: S. ss~ No. 4367 s u a Date: Exhibit A Page 3 of 3 ~C J.B. ADD177ON CRAIG IRWN & DALE IRWIN C.C.F.# 95--ROO50144 . I R.P.R.D. C. T. JV AQW 400AAW I a4&apasds f DANA J. BEAVERS VOL. 3373, PG. 10 R.P.R.D. C. T. N 30701 sue' S 592350" E I 15332' 2a00' LOT 1, BLOCK A 30""38'11" W N 3050'30" E 38' ! 364+30' # R- 45a00, L- 456.56' 3050,301, 4 W A- 5867'52" S J"34 ' o Q Chd. Brg.- N 59"52'30" E 6 f Chd. C= 137.23' LOT 2, BLOCK A p PEBBLEBROOK ADD177ON LOW. g CAB. 0, PG 264 00 1 co I 2a w E 20', EASEMENT f 0.452 ACRE P.O.G. DEDICATED TO CITY OF DENTON AS PARK P.O.B. 1{ N 01#06'08* W R- 47a00; L- 416.66' 2a 00' L1r 58107'40" ~ Chd &g.- S 59*52'30 W EASEMENT 1l~ Chd L- 45&64' E I 7' ERR & PER SURw; ABSTRACY AV. 947 CITY DF DENWN i or DENTaN COUNTY, TEXAS DATE: 08-16-05 A~! 8 ~A SCALE 1'= 200' CALL. BY: SWAM R AdIff &M CD., 1W 4 Professional Land Surveyors DRAWN BY. SWIM O~~t 972.721_94M rox 972-20-4678 s%~~,•~ 220 EA" Strer SLRe 200 ROL Ear Sf JDE NO.: 600949486.1365.3600 O sul Lowswma To-" 7507 250825.dwg Exhibit B rthur Surveying Co., Inc. Fr+~fesaioMallamd Surveyvxs P.Q. Box 54 L4wismillo, Tones 75067 Ufica: (972) 221-9439 - Fax: (972) 221-4675 30'X60' EASEMENT EXHIBfT Page 1 of 2 Being a 0.043 acre tract of land situated in the M.E. P. & P. R. R Survey, Abstract No. 947, in the City of Denton, Denton County, Texas, and being a part of Lot 2, Block A, Pebblebrook Addition, an addition to the City of Denton, according to the Plat thereof recorded in Cabinet O, Page 264, of the Plat Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a 518 inch iron rod found at the westernmost northwest corner of said Lot 2, same point being in the east line of Loop 288 (a 120 foot right-of-way), same point being the southwest corner of a tract of laud conveyed to Dana L Beavers, as described by deed recorded in Volume 3373, Page 10, of the Real Property Records of Denton County, Texas (MPLD.C.T.); THENCE South 89 degrees 54 minutes 21 seconds East, a distance of 20.00 feet to a point in the south line of said Beavers tract and the north line of said Lot 2, same point being the northeast comer of an existing 20 foot wide easement; THENCE South. 01 degrees 06 minutes 08 seconds East, departing the south line of said Beavers tract and the north line of said Lot 2, and along the east line of said 20 foot easement, a distance of 20.00 feet to the northwest corner and POINT OF BEGINNING of the herein descrRW track same point being on a non- tangent curve to the left with a radius of 470.00 feet and whose chord bears North 85 degrees 16 minutes 18 seconds East, a distance of 60.12 feet; THENCE deprting the east line of said 20 foot easement and traversing across said Lot 2 the following courses and distances: Along said curve to the left, through a central angle of 07 degrees 20 minutes 03 seconds, an arc length of 60.16 feet to a point for corner; South 01 degrees 06 minutes 08 seconds East, a distance of 33.80 feet to a point for corner, South 88 degrees 53 minutes 52 seconds West, a distance of 60.00 feet to a point for corner, same point being in the east lime of said 20 foot easement; THENCE North 01 degrees 06 minutes 08 seconds West, along the east line of said 20 foot easement, a distance of 30.00 feet to the POINT OF BEGINNING and containing a total of 0.043 acre of land, more or leas. or %S e GLAS L ARTHUR Douglas . Arthur, RP.L.S. a so a No. 4367 W40 Date: suit Exhibit B Page .2 Of 2 DANA J. BEAVERS VOL. 3373, PG. 10 R. P R. D. C. T EN. P.D.C. S 8"421' E 2aoLr 5/r too R- 47o.ao; L= 60.16 ,RF - 0~ o'a3", E P T I Chd. Br9•= N 85168 C L- 60-12' P.~.B. U77LITY v' /ELECT VAULT /MANHDLE / D PROPOSED/ PROPOSED POWER'POIE CUY 109,55 CZ EASEMENT © 0.043 ACRE ~Z\3 co S 8853'52 W 60.00 co LOT 2, BLOCK A PEBBLEBROOK ADDITION CAB. O, PG. 284 ~ II f DEDICATED TO CITY OF DENTON AS PARK Amt cat Inc. nal Land Surveyors EASEJM T g72-77r-939 fax 9 2-77l-1675 720 Eh" SOW, S&IO 200 RR 54 L..LrdO., Texas 75067 DENWN CCUNM TEXAS X199.. & REA Sn",, DAZE: as-18-05 AMR" AV. 947 ~ SCALE 1 20' T t CALL. BY: SW{M CITY OF DENWN DRAWN BY: Swim /~R~HUR JDE NO.: 600949486.1365,3600 ~7 rAr 250825.DW0 KA, .SS's{ Pebble Brook Park Pro osed Loo 288 Electric p p Utilit Easements Y Exhibit 2 ~ A~ a ~ ~ ~ , , ; t + ~ Ip aq;~ ,~,rq 4," xti, :i'~,w~c, ~ ~a ; ~ i n , , x o~~~~,' u~ex t ~ :y y ~ l rvmw~ ` 1' h, ,v ` 7~x, a ~ ~ ~ ~'~M., , . q ~ ~ ~ ~ , ' z«~' 4 ~ ; ~ ,x ~ ~ , ~ ~ ' I w~ v {w , ~ 1' ~ ~ a ' r V ~ ~ +8a ~ ~ Irv ~ }~~a,a ~ ~ ; y~ ~~J a p I ' ~ Mai L :4 ~ f'.. t yr. ~ e~F, 'P~~ ~~1 ~ J 4 dTa '9).~ ~ , ~ ~ ~ ,w ~ i '~k~y a F H ~ y ~ ~ ! ~ ~ . , . ~ w n ,a , , 4 t ~ p , ~ ~ ' { ^4, i ~ e_ r ,i~~~ ~k'~: 1 ~ ` { ~ ~ ~ ~ ~ r;~ of ~~,,q. '.'~S'S . ,f ~ ~7 rt ~ , r y ' ~ t, = w ~ ~ 4 , ai ' ~ ~ ~ ~ r Y ~ A ~ w~,} ya ~a~~ a s r t, ~N ~F , ti v t4 V3, ~V~~,Y ,r; Ai~;;~i' 1 ~.4 I~ r \ .g,~ rt`~"~ ~ ,1 •q,§ s~ ; ~ ~ '4~ ~ {A~ 5 SS y ~~jj }y ^ID l d1 ` ' ! J ~ _ ~ YC ~ q ~ 1 Y ` t n i r p ~ N ~ f. y r n: t ~ 1 4 `X e ~ F " c . 4 ~ Proposed 20' ft Electric line easement ~ ~ ~ ~ a~~ ~ ~ ~ ~,~~r u. ,y M. , u. , n ~ ~ `~r=. , , 1 . ~ z ~ ' ~ 3, ~ ;u a p , ~ ~4~ 4 f ~a \i ~ry r ~ pla llt I ~ Proposed Electric ~ , 4 ~ , i.~ ~ai~Ys~ ``nm:wtti~~rt Y~' ~,~r~ , wih rn S tc ea a d R",, ~ ole line easement v , 4, _ I ~ s ~ ~ ~ j S, o ~ } j Yx r M ~ _ I I ' ~ ~ r ~ ' r v r ' t ~ ' n~ ~ ~y: ry,^" k, 'W y s ~ ~ - v~'~,~~p,; y! ~y it n,. y, ~ _n ~I 1 _cw 4 1 R J:,. ' ~ ~ 4 hth :ti~ Fr•-. ` ~ t, ~ , ~ ~ ~.t, a ~ Y., . ? .sP rt'"`:' ~~1''x i*' y ~nK~~i 'r 1. 1W tq~Yt~~'' ~ r .,a~~ ,~,Y~„ ~ ~ n ' ^t ~ gyp'' ~yr,~ ~~srti ~~a k: ' ~ t r ~ . ~ . t h.~ a~,,, y- q!~ ,r, ) ,~.h,,. SM',~"'I N "1 wt' ~•A~ ~.h` A1~1~ `ta rt a 'r ~ ~1~ 1, a ":i M 1' ~ `Vi: ~.1, `:1} ( L dW 1 . ~ 1 ~ , i; wa' ~ 'k ,T, rays k" I` N r ~ t ~ ~,~n 'S4 ~ `~y` k Y~ i,:~ .Y( "'4 ~ ~ n `4 . V 'a~, n'~~~"";. ? ~ Y~ t{, I; ,'k;:~'h "~y. r~ ,r" '.Mfl J ~ rY~ ~ `i, k,'t~S,h + i ~ ;:fi' i:~~ ~lr~kj " ~r > .t ~ ~rS,E~( , t '.~.a '"I~r~ ~ t.., 1 r.~,. ~F. ~ ,e~ y? ,i`~, u 1 i s~^ ~Wr +f r;` t hdl;a, ~ ,,t 1 ~ ,v~ ,F +y~ ~ '~jt t~ V F,M ' ; r~ , .,.~„M ; ~ rt~ 'S' ~ t~M ~ ~ r~ .rt., ~ ear m ~ , , , ~ , 1+ ,Y> 'A ~ n F , I~ ~ , e ' ~ I i ~ ~ I i I Id d ~ ' I ~ ~ - ~ _ o Parks, Recreation and Beautification Board September 12, 2005 Civic Center Conference Room Members present: Teresa Andress, Geri Aschenbrenner, Jo Kuhn, Ross Richardson, Reggie Heard and Patrice Lyke. Members absent: Chuck Smith. Staff present: Janet Fitzgerald, John Whitmore, Bob Tickner, Emerson Vorel, Janie McLeod and Cindy Mayo. Chair Teresa Andress called the meeting to order at 6:03 p.m. Swearing in of Board Members. Board members were given the oath of office and officially sworn in for their reappointment to the board. AWARDS AND RECOGNITIONS - Bob Tickner introduced Cindy Mayo, the department's new Park Planner. Cindy comes to Denton from Oklahoma and will be handling park planning, CIP programs, and working with Bob on parkland dedications. Janet shared with the board that Keep Texas Beautiful recognized Keep Denton Beautiful as a Gold Star Affiliate at its annual conference. She continued to say that John Whitmore has been elected to the National Office of the National Aquatic Council. Janet added that on October 9th, in Kansas City, board member Jo Kuhn will be present had received the Life Time Achievement award. APPROVAL OF MINUTES. The September 12th minutes stand as written. ACTION ITEMS Texas Workforce Commission Grant Application Day Care Programs. John said the Texas Workforce Commission is currently holding $1.8 million federal monies to provide matching grants for public daycare program. To be eligible for these grants, the governmental agency must be certified to be providing childcare programs. John stated that the Owsley Playground and King Kids Day Kamp summer programs have lost funding from the Community Development Block Grants. Last year, the camps were fully funded but this year those amounts were halved. This cutback reduced enrollment capacity by 90 children. Next year, the 2005-06 fiscal year, this funding has been completely cut. Current expenditures for these programs are close to $300,000. For the Owsley Summer Playground, Kings Kids Day Camp, and the After School Action Site programs to be fully funded they would need approximately $55,000. ACTION: Geri Aschenbrenner made a motion to endorse the support from the board for the department to pursue the grant funding. Reggie Heard seconded the motion and it was approved unanimously. Pebble Brook Open Space Park Public Utility Easement. Bob discussed the Municipal Electric Utilities has requested the use of two areas of parkland to locate electric lines and switch gear. One easement is to establish a legal easement for an existing feeder line placed during EXHIBIT 3 construction of the Pebble Brook Apartment complex and the other easement is to establish an easement for the switching gear and overhead poles and guy wires needed to be relocated for the Loop 288 construction. ACTION: Jo Kuhn made a motion to approve the use of the Pebble Brook Open Space Park for these public utility easements. Patrice Lyke seconded the motion and it was passed unanimously. DISCUSSION ITEMS Senior Center Concerns - John discussed how staff is working with the Senior Center Advisory Committee and users of the Denton Senior Center to resolve concerns related to the use of the facility by individuals under the age of 50 and by the homeless. Seniors that frequent the Senior Recreation Center have requested that the City of Denton restrict all homeless persons and persons under the age of 50 from entering the center. Concerns include that these individuals sleep in the TV lounge, bathe in the restrooms, and consume resources meant for senior use. John said that staff moved the smoking area from the south end of the building to the east side to restrict doors being left ajar and unauthorized people entering the building. He added that staff is monitoring individuals that enter the center and is more strictly enforcing allowable use of the facility. New behavior-based rules for building participation have been prepared for the Senior Center Advisory Committee. A community meeting was held September 8th to discuss the issues and resolution. Eureka Playground Update. Emerson distributed a report that had been presented to the Environment Committee of the City Council on August 1st. He said that the committee has concerns regarding the differing results from the two labs that had tested for arsenic at Eureka. Emerson discussed the 40 wipe samples and the 10 soil samples taken. He said the results of the tests are pending. Staff will return to the Environment Committee with the outline of a public process to consider the long-range plan for the Eureka Playground. Cross Timbers Park Creek Erosion. Janet stated that the sandy banks along Fletcher Branch have eroded significantly due to development. To protect the creek banks from further erosion, and the eastern Cross Timbers forest, the department has been in contact with the Drainage Department (the entire creek is a drainage easement) to determine an appropriate remedy that will stop and or slow erosion, stabilize the banks of the creek and protect the park and private land. Janet said that on September 14, 2005, Kenneth Mayben of the National Resource Conservation Resource would be in Denton to meet with staff, tour the creek, and make recommendations to affect the long-term effect of this eco system. DIRECTOR'S REPORT FY2005-06 Budget Update. Janet said that the FY 2005-06 budget will reflect a shift in how the Parks and Recreation Department has traditionally delivered services in all four of its' divisions. This shift has occurred as a result of reductions required to meet budget goals, reorganization strategies, and implementation of a five-year strategic plan and the demands of a changing community. Parks and Recreation Department in the News. John discussed the articles that had appeared in newspaper about the Senior Recreation Center, Skate Works Park, and the Aquatic Center. Project Status Report. There were no questions. Keep Denton Beautiful Report. There were no questions. There being no further business, the meeting was adjourned at 7:15 p.m. AGENDA INFORMATION SHEET AGENDA DATE: November 1, 2005 DEPARTMENT: Parks and Recreation Department ACM: Howard Martin, 349-8232 SUBJECT Hold a public hearing and consider adoption of an ordinance granting approval of a license agreement for the subsurface use of a portion of the Denton Branch Rail Trail at Mile Post 724.8 for the purpose of a natural gas pipeline in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of license; and providing an effective date. (Parks, Recreation and Beautification recommended approval with a vote of 4-0). BACKGROUND NGG Gathering Company, L.L.C. has requested the use of parkland for the purpose of placing a natural gas pipeline line under the Denton Branch Rail Trail at milepost 724.8 between Brinker Road and Mayhill Road. This gas line is to connect wells on the south side of Denton with the main natural gas trunk line near McKinney Street and Trinity Road. State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands, of the Texas Parks and Wildlife Code requires that: (a) a municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park unless the municipality, acting through its duly authorized governing body or officer, determines that: (1) there is no feasible and prudent alternative to the use or taking of such land; and (2) the program or project includes all reasonable planning to minimize harm to the land, as a park, resulting from the use or taking. (b) A finding may be made only after notice and a hearing as required by this chapter. " If the proposed natural gas line license is allowed, a value must be placed on the 0.0363-acre section and charged to the NGG Gathering Company, L.L.C. In addition, land disturbed in the park will be returned to its original condition. Parks and Recreation Department and the City of Denton staff have reviewed all other possible alternatives. These alternatives included: • Select another route through the city that would by-pass the Denton Branch Rail Trail area. A routing study was conducted and from the south section of the city, this is not prudent, feasible or cost effective. • Permit the proposed routing of a natural gas line across the Denton Branch Rail Trail area to connect to an existing Natural Gas Pipelines at McKinney Street and Trinity Road. After review of the options, it appears this option is the only feasible and prudent alternative to providing transport of natural gas from this part of the city. - I - OPTIONS City Council may approve or deny the recommendation to allow the routing of a natural gas line easement across Denton Branch Rail Trail at Milepost 724.8, select another option outlined above, or request staff to submit an alternative not listed. RECOMMENDATION After reviewing all alternatives, staff recommends approval of the use of the Denton Branch Rail Trail at milepost 724.8 for a natural gas line license agreement. There will be no major impact on current park operations or programs. The Parks and Recreation Department confirms that the City of Denton has investigated all other alternatives and has used reasonable planning to minimize harm to the land. Considerations for boring under the City of Denton raw water lines must be coordinated and approved with the Water Distribution Division with all safeguards and water line protections required. ESTIMATED SCHEDULE OF PROJECT Construction is projected to begin in Winter 2005. PRIOR ACTION/REVIEW The Parks, Recreation and Beautification Board recommended approval of this public utility easement at a meeting on October 3, 2005 with a vote of 4-0. FISCAL INFORMATION Compensation related to this use is still under discussion with NGG Gathering Company, L.L.C. It is reasonable to expect that improvements directly related to programs and/or facilities at the Denton Branch Rail Trail will be provided. BID INFORMATION Not applicable EXHIBITS: 1. Ordinance 2. Map 3. Parks, Recreation and Beautification Board Minutes Respectfully Submitted: ~4 Janet Fitzgerald, Director Parks and Recreation Department Prepared by: Bob Tickner, Superintendent Parks and Recreation Department -2- ORDINANCE NO. AN ORDINANCE GRANTING APPROVAL OF A LICENSE AGREEMENT FOR THE SUBSURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL TRAIL AT MILEPOST 724.8 FOR THE PURPOSE OF A NATURAL GAS PIPELINE IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF LICENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 26.001 of the Texas Parks of Wildlife Code provides that public land designated and used as a park may be used for a non-park purpose if the City Council finds after notice and hearing that there is not feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable planning to minimize the harm to the park resulting from such use; and WHEREAS, the City of Denton desires to cooperate with the NGG Gathering Company, L.L.C. in the development of a Natural Gas Pipeline by providing a license for the construction of a Natural Gas Pipeline 70,70' linear feet across the Denton Branch Rail Trail at milepost 724.8; and WHEREAS, developer NGG Gathering Company, L.L.C. desires to construct the Natural Gas Pipeline across the Denton Branch Rail Trail since alternative options would not be feasible and prudent; and WHEREAS, the City provided notice in the Denton Record Chronicle on October 10, 17 and 24, 2005 of a Public Hearing to be held on November 1, 2005 in the Council Chambers to consider the alternatives to the use of City Park and Recreational land for the subject natural gas pipeline project; and WHEREAS, the City Council on November 1, 2005 received testimony at a public hearing on the issues of no feasible and prudent alternative to the use of the property for the proposed project and that the project includes all reasonable planning to minimize harm to the Denton Trail resulting from the License; and WHEREAS, the City Council finds that the fact situation discussed above does not fall within the purview of Section 253.001 of the Texas Local Government Code; and WHEREAS, the City Council finds that there is no feasible and prudent alternative to the use of the Park land and that the natural gas line project when constructed in accordance with the provisions of the license as described below will minimize the harm to the park land resulting from the proposed subsurface use of such park land effected shall remain useable for the park patrons once the construction of the private driveway improvements are completed; NOW, THEREFORE, S:1Our Documents%Ordinanees105\Ordinance,Denton$ranchRailTrailGasLinecrossingNO724, SLiceasingAgree ntl 1-1-05 &c EXHIBIT I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The natural gas line proposed by the NGG Gathering Company, L.L.C. be constructed and maintained below the surface of the park property described in Exhibit A, which is attached hereto and made a part hereof for all purposes, and that the surface of the park after installation of the natural gas line be constructed in a manner so that the park land may still be used by its patrons after completion of the project in the same manner it was used prior to the gas line project. SECTION 2. A license which is revocable as required by law shall be composed by the City Manager or his designee and approved by the City Attorney allowing the subsurface use of the park property as referenced above with appropriate provision to insure the improvements are constructed in accordance with City Subdivision Rules and Regulations; protects the patrons using the park from injury and damage both during and after construction of the project; compensates the City for the reasonable market value of the use herein granted and generally protect the health, safety and general welfare of the City. Construction plans shall be submitted to the City for approval prior to any work. SECTION 3. During construction of the improvements above, NGG Gathering Company, L.L.C. may have temporary use of such additional park land necessary to stage the construction of the improvements as may be approved by the Director of Parks and Recreation Department and at the completion of the construction activities for the above improvements such additional park land shall be restored to the condition to which it existed prior to the beginning of such construction activities. SECTION 4. The rights and benefits set forth in this ordinance may not be assigned without the express written consent of the City. SECTION 5. The License above grantee shall, to the extent allowed by law, constitute a covenant running with the land and be filed in the Deed Records of Denton County, Texas. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR S1OurpocumentslOrdinances50AOrdmane,DentonSranchRailTrai]CmLinacrossingMP724,SLicensingAgreei 01-1-05.cb Page 2 of 3 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SYNDER, CITY ATTORNEY By: SAOurpocuments\Ordinances1055Ordinance,DentonBranchRailTrailGasLinecrossingMP724.8LicensingAgmementl1-1-05.docPage 3 of 3 Coleman & Assoc. Land.Surveying I~.c. fl1€ rte Dciaon.Texas 76202 CA/ c !'ttmw 040 )56.13-8213 F;tx (9,1006.1-9,V0 Exhibit "X' 20 foot Gas License Area Rails to Trails Hike and Bike Path FILED NOTES to all that certain tract of land situated in the D. Hough Survey Abstract Number 646, City of Denton, Denton County Texas and being a part of the Rails to Trails Hike Billie Trail described) in the deed from Missouri Pacific Railroad. Company to the City of Denton recorded in Under Clerk's File Number 93-R0058458 of the Real Property Records of Denton County, Texas; the subject tract being more particularly described as follows: BEUI NNING for the Northeast corner of the tract being described herein on the North lime of the City of Denton tract at the Southeast corner of the said tract of land described in the deed from Don V. Cunningham et ux to Que Britton et ux recorded in Volume 4731, Page 1616 of the said Real Property Records and the Southwest corner of the called 19,969 acre tract described in the deed from the F.D,I.C. to Robert P. Donnley recorded in Volume 3384, Page 905 of the said Real Property Records; THENCE South 00 Degrees 27 Minutes 56 Seconds West across the City of Denton Tract a distance of 70.70 feet to the South line thereof and the North line of the called 243,185 acre Tract 1 described in the deed from the F.D.I.C. to epic Development recorded in Volume 3245, Page 699 of the said :Real Property Records; THENCE Northwesterly with a. curve to the left having a radius of 1880.08 feet an are distance of 23.98 feet (Chord Bearing North 56 Degrees 03 Minutes 58 Seconds West a distance of 23.98 feet); 'T'HENCE North. 00 Degrees 27 Minutes 56 Seconds East across the City of Denton tract a distance of 70,65 feet: to the )North line thereof and the South line of the Britton tract; THENCE South. 56 Degrees 43 Minutes 28 Seconds East with the South line of the Britton tract and the North line of the City of Denton tract a distance of 2180 feet to the PLACE OF BEG1NNfNG and enclosing 0.036 acres of land. Revised 10-13.05 cf QUAILCREEK ROAD r 1 DON V. CuNtfi4m of Ux E our ew~u 't Ux VOL 4731. fx 1611; ~ d Di ~ ACRES CE CORP. ~ ~ Lt Isar P. DMNLEY ! VOL 3394 P. 205 Jib P-0.8. 0~ C 04 a ~ CH = N 36"03"88" W 23.98' R = 1880.08' \ e L = 8' TRACT f p~p¢~ yEM DEVELOPMENT 3245, P. M BEARINGS $ DISTANCES BASED ON, * \ TEXAS COORDINATE SYSTEM OF 1M. NORTH CENTRAL zONE (4202) BASED ON CC'S TIES TO GEODETIC CONTROL CONVERGENCE = 00°44W COMStNED SCALE FACTOR = 0.99964667 TO GET SURFACE DISTANCES MULTIPLY BY: 1,00015335 EXHIBIT "B" LICENSE AREA Y OF D TO sup v r A-646 Coleman & Associates DEl+tTON COUNTY, TEXAS Land Surveying P- t3. BOX 666 DENTON, TEXAS 7"6202 5 CHECK: JOB 4 PH(W)565-6215,FAX (W)5a5-9s00. )EV E SED: N N/A IA CHECKED: BATE: s-22-- wwwxCOLEMANSURVMNG.COM SCALE: - 5 t3~ 0 2005 COLEMM a xS$= SSG 0 10 80 EXHIBIT B X ~ ~ ■ ■ en on rant a~ rai aura as rocs ~ n cross ~ n ~ , o i h a i. 1 ~ e - ~ ~ w k ~ti rT .rte F ~ ~ ~ ~ kC a ~ ~ ~ ~ , ' i x\ ~ ~ ~ f ~ Put ~ ~ I ~ r 4~ ~ ~ G ~ ~ ± ~ ~ A ~ ~ ~ x P~ ~ ~ ~ Providence ,.r. ~ ~ , ~ ~ ~ 'i a k I , _ ` > ~ ~ ~ I s: d~.1 x w ~ i. i w ~ q W. i t ~ ° ~ ~ ~ ropose aura as ine ~ ~ ~ ~u, ~ Crossing MP 724.8 4. ~ ~ a~ ~ y e ° w , . ~ a ~ R. ~ . F ~i F. ` , ~ n ~ ~ F ~ ~ \ R f F fi$ r 1` . v S ° } ~ Robert Ddnnelly~ ~ ~ ~ ~ a~ . o t ~ ~TMaw,m.r~ ~ F "ls x o ~ !f ~ an i ~ ~ proper Y~ ~ o ~ y ,z''. Pro osed Gas Line route ,h t ' ~a rya.' k4 5 ~ ^h 3 Pr, o. ~ ~ r, ~ ~ ~ ~ t r,A r y { M„~ ~N ~ °M.. ~ \ fN ,1`\~ ~ w 4 N J(` i r 1, ~ r t.. 4 i y. ~ i P yM1h ~ ' r j r „ y , o f ~ n' , ~ t . ~ ~ I x r ~ ~ ~~enton Regional ~lospita~, r ~ 1 a. 7, ~ w r , i r ~ qty , a 1 r ,ri K, ~ v ~ " ~ " ' oar,' r p" # ~~'g ,r ~ 5;~1 ~ nth, ~ ~ I ,,y , 1 J ~ u e ~ J ,.y~~. R ~ 4` ~a. a~' 1~ . r ~ ~ h ~ ~ u~ 1. i r w - ~ + ~ ~k w „ ; ~ ~ ~ rely qµ ~ ~ yy ~A l ~ ~ r , ; ~ u,y 4 r , r,~.,a ~ , r ~ ~ ~ ~ ~s ~4.,,. ~ s m ~ ~ ~ ~ , k $ d ~ ~ M d r ~ ~ . rs ~ ?5 C ~ ' `fin{ ~ i 'N ~C; M ~ ~.x, ~ ~ y ` i w ~ : i~ z s ~ ~ 8~ , k. ~ X1.4 z a r r ° v~ r rv,,; ~ k°. c . _ i ~ ~ , ° DRAFT Parks, Recreation and Beautification Board Minutes October 3, 2005 Members present: Jo Kuhn, Geri Aschenbrenner, Patrice Lyke, and Reggie Heard. Members absent: Teresa Andress and Chuck Smith. Staff present: Janet Fitzgerald, Bob Tickner, Janie McLeod, John Whitmore and Emerson Vorel. Others present: Bill Coleman. Vice Chair Jo Kuhn called the meeting to order at 5:55 p.m. Approval of Minutes of September 12, 2005 - Minutes were accepted as distributed. ACTION ITEMS Request to Sell Alcoholic Beverages at Fuego Y Alma Event - Janet said that the Fuego Y Alma would be hosting its fifth annual Latino event in the Civic Center Park on October 8th. The committee has requested to sale alcohol at the event. She added there had been no security concerns at this event in the past. ACTION: Geri Aschenbrenner made a motion to approve Fuego Y Alma's request to sale alcohol in the Civic Center Park at their October 8, 2005, event. Reggie Heard seconded the motion and it was approved by a 4-0 vote. I-35E Kendolph- Underwood Streets Triangle Area - Bob said that TXDOT plans to widen I-35 to 10 lanes near the UNT area. Consultants are doing an environmental study and requested that Parks and Recreation Department confirm that the triangle of land is not a park or recreational land. The property had been maintained as a median and not park land. Staff received additional time to review the information. Staff reviewed new information from the City's ROW agent that the property had been dedicated to the City as a park. ACTION: A motion was made by Patrice Lyke to table the topic until more information could be provided. Reggie Heard seconded the motion and it was approved with a vote of 4-0. North Lakes Park Natural Gas Drilling Lease Extension - Bob said that in 2002, this two-year, off-site gas-drilling lease had been presented to the Park Board and approved. The Joint Resources Company drilling company has requested a one-year extension to the lease. The drilling company would pay the city $36,000 for the extension of one-year. ACTION: Geri Aschenbrenner made a motion to approve the extension of the lease. Reggie Heard seconded the motion and it was approved by a vote of 4-0. Denton Branch Rail Trail, Natural Gas Line Crossing at Mile Post 724.8. Bob said that NGG Gathering Company has requested the use of parkland in order to locate a natural gas pipeline across the Denton Branch Rail Trail at milepost 724.8 south of Brinker Road and north of Mayhill road. EXHIBIT 3 DRAFT Bob said that the line would be drilled under the trail and would not be seen from the trail. Bill Coleman said that the line would go 20 feet deep and would have 48 inches of dirt covering the line. Mr. Coleman assured the Board that there would be no impact on the water lines in the area. Bob informed the Board that the Water/Wastewater Department had outstanding concerns related to the decision of the gas line, and that NGG had committed to satisfy the Water Department's requirements. ACTION: Reggie Heard made a motion to approve the request to locate the gas pipeline across the trail with the condition that NGG work with the Water Department to resolve all issues and that there be no impact on the water lines. Geri Aschenbrenner seconded the motion and it was passed with a vote of 4-0. DISCUSSION ITEMS Denton Senior Center Behavior Policy - John said the Denton Senior Center has developed a behavior policy for the Senior Center after experiencing various incidents of inappropriate behavior by several visitors to the Center. Recent abuses of the restrooms, the computer lab, and misuse of senior resources by the public, primarily those under 50 years old, have prompted the development of these rules. John added that the guidelines were based on the Library guidelines. He said the guidelines would be posted throughout the center. He continued to say that the Senior Advisory Council has approved the guidelines. DIRECTOR'S REPORT Texas Workforce Commission Grant Application Update Day Care Programs John said that the Texas Workforce Commission (TWC) representative has altered the process for the application and distribution of funding under the Day Care Grant Program. TWC will only distribute funding to certified childcare programs. John added that unfortunately, the areas of greatest need in the City do not qualify under these criteria. The preschool programs at Denia and Martin Luther King Jr. recreation centers may be the only qualified programs while the King Kids Day Kamp and the Owsley Summer Playground do not. Recognize George Caddell @ Water Work Park - Hold for future meeting. Project Status Report - There were no questions or comments. Keep Denton Beautiful - There were no questions or comments. Other Business - Several board members had not received their board packets in the mail. Janet commented that the packets were mailed on Wednesday. Since many members are not able to receive the information by email, it was suggested that the packets be distributed in another manner. The packets will be ready for members to be picked up at the PARD office on the Wednesdays before the meetings. If the packets have not been picked up by end of the day, staff will deliver the packets to the board members on Thursday. There being no other business, the meeting was adjourned at 6:31 p.m. AGENDA INFORMATION SHEET AGENDA DATE: November 1, 2005 DEPARTMENT: Planning and Development Department ACM: Howard Martin, 349-8232 SUBJECT ADP05-0006: (Taylor Park Church of the Nazarene) Hold a public hearing and consider the adoption of an ordinance for an Alternative Development Plan for a proposed church on approximately 6.674 acres. The subject property is generally located on the south side of Willowood Street, approximately 197 feet west of McCormick. The property is located in a Neighborhood Residential (NR-4) zoning district. The purpose of the Alternative Development Plan is to deviate from the requirements of Subchapter 13 of the Development Code. (ADP05-0006, Planning and Zoning Commission recommended approval 6-0). BACKGROUND Applicant: Mark Ramsey, Taylor Park Church of the Nazarene Denton, TX The purpose of an alternative development plan 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. A hardship variance is requested in conjunction with this request. The applicant is proposing alternatives to the site design standards concerning tree canopy coverage 35.13.7.B Tree Preservation and Landscape Requirements, Landscape and Tree Canopy Requirements) and Tree Preservation 35.13.7.A Tree Preservation and Landscape Requirements, Tree Preservation and Mitigation for Tree Removal). The NR-4 zoning district requires 50% tree canopy coverage. The applicant is proposing to provide approximately 32 % combined tree canopy (existing trees and new trees). The applicant is also requesting relief from mitigating the removal of 5 quality trees (trees over 18 inches). The Tree Preservation standards in Section 35.13.7. B of the Denton Development Code require that non- residential developments greater than 2.5 acres in size preserve 25% of the tree canopy where "Quality" trees are present. The tree survey for this project confirms that "quality" trees are present. The applicant is preserving 84% of existing trees. Of the total 61 existing trees, 5 are dead and 5 are to be removed. 1 Even though the applicant is proposing 18% less tree canopy coverage than is required by the NR -4 designation, applicant is proposing to save 84% of the existing trees, where the Tree Preservation requirement is 25% preservation. By preserving the trees in the clusters shown on the site plan (Attachment 5), the canopy is less because of the density of the trees. If those preserved trees were spread out more evenly over the lot, the canopy coverage would be greater. In addition, the existing clustering provides an environment in which the trees are more likely to survive, rather than being spread out across the property. So, even those the canopy coverage of the NR-4 is not met, tree preservation requirements are greatly exceeded. OPTIONS 1. Recommend approval. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of the request (6-0). PRIOR ACTION/REVIEW In December 2004 zoning case Z04-0039 was approved to rezone the subject property from NR-2 to NR-4. ATTACHMENTS 1. Staff Analysis 2. Location Map 3. Aerial Map 4. Notification Map 5. Alternative Development Plan 6. P&Z Minutes 7. Draft Ordianance Prepared by: z~~)06~ Lori Shelton Planner II Respectfully submitted: ~„y~.~.tot.r Kelly Carpenter, AICP Director of Planning and Development 2 ATTACHMENT 1 Staff Analysis Summary of Alternative Development Plan Request The applicant is requesting to vary from site design standards regarding the following sections: § 35.13.7.A (Tree Preservation and Landscape Requirements, Tree Preservation) in part states: "The purpose of these regulations is to promote the preservation of trees, tree stands, including but not limited to remnants of the Cross Timbers Forest and existing tree canopy, to protect trees during construction, to facilitate site design and construction that contributes to the long term viability of existing trees which improves environmental conditions, specifically to comply with air and water quality is the further purpose of this ordinance... " Table 35.13.7.A requires preservation of a minimum of 25% of quality trees and quality tree stands in multifamily or nonresidential developments of 2.5 acres or greater. The applicant is requesting relief from the tree mitigation for 5 mature trees growing in the proposed construction zone. According to 35.13.7.A.5 Tree Designations, "quality trees are those that have a dbh that is greater than six (6) inches, but is less than eighteen (18) inches and not within a Quality Tree Stand." Quality tree stand are "three or more contiguous Quality Trees whose canopies are generally clustered together creating a contiguous drip line." § 35.13.7.B (Tree Preservation and Landscape Requirements, Landscape and Tree Canopy Requirements) in part states: "The following requirements shall apply to all developments, except single family and two family lots within residential developments: 1. The percentages of Landscape and Tree Canopy requirements are listed in the table entitled Landscape and Tree Canopy Requirements. 2. All landscaping and trees shall be installed and maintained in accordance with the requirements of the Site Design Criteria Manual. 3. All properties shall install automatic irrigation systems. The NR-4 zoning district requires 50% tree canopy coverage. The applicant is proposing to provide approximately 32% combined tree canopy. The 32% represents existing and new trees to be planted. Summary of Alternative Development Plan Mitigation The applicant is requesting an Alternative Development Plan for approximately 6.7 acres acres. The proposed development would include a church, church office (existing building) and playing fields. A second phase to the main building is planned. The applicant is preserving 84% of existing trees. Only 25% of existing trees is required to be preserved under tree preservation regulations. In summary, the applicant is greatly exceeding the minimum preservation requirements and is requesting a reduced tree canopy for the NR-4 zoning district and the removal of 5 quality trees. 3 Existing Condition of Property A single family home is located on the property. Adjacent zoning and land uses. North: Neighborhood Residential (NR-3) Developed neighborhood South: Neighborhood Residential (NR-4) Undeveloped East: Neighborhood Residential (NR-) Developed neighborhood West: Neighborhood Residential (NR-2) Single Family Dwelling and commercial use 4 ATTACHMENT 2 LOCATION AND ZONING MAP t, W :r F.. (fFr_ !S~ ,,~'~y ~'~.4 s~, ',4 ~ti; .4 y, ii 'y~, ~5~ l~ a, 5Yf ~'~r~-~*^ ~y'~,~ ~ i N R-4 - f~,.J P~ s ,y 'J LY ~j i'i Li 1~~ i -GllGLE'r' 5 ATTACHMENT 3 Aerial NORTH ~ ~ ~ ~ reo ~ ~ ~ ' 7~ ;r„~. z ~ A y~ ~ a ixu 6 V Pr Y w + r~fl~ M r :m. s ~ ~ ~ ~ as ~ ~Y ° ~ .asap I ,v, ;w e r„~ ~ ~ r~ it ~ ~ a, s y ro :A'¢'.. ~~V I L L G 'UV'pV 0 G C~ ~~.s~mw:~s-~s~rmh,ra,~;~r~~s~~sru~~°xi~?,urua~~~~7~g2~~,~~~c~ast~~;~nt~A:~~r~~~~,~~ of Rriip ~1 :Q ~1 ~ ~ ~ ~ ~ ~ ~ ~ rm ~ u n R e ~ au < r P~ ~ ~ a q ~ ~ ~ r i, 1iG me'~ yfl ' ,p41~ ~ ~ry d ~ ~ ~ ` ~ i& ~ ~ w., u e ~ P' ~ h ~ t y ~ ` w e wias~i~~a° ~ avEir„~~ ~ y" o l~. ~ ~ -,.p ~ s l ~ ~ ~ ~v.; ~x s; - ~ i? m ~ ro ~ ~ ~~i R29i 4 ,M y N" ~ ~ ~ S1 ~ ri 1 t~ ~ ° Ott, Y ' t rt u' ~ ~ i6 Fldua! Uhbr'n en f:. z ~ ; - ~ ,y M`,~1""ihIX~h~.~'..,~~:^A~I~Y~E ~~C~Yt~C~t,fl~''*'a`~'~'~k(~'~+1'~P~'«~"FP~~n6~14"~""Kk;~s as~n5~'~~k:'~;~ekYrv^r.~'z„CgaTM~'~G'E,~.ie. to pW'w n u i h4 ~ ~m 1 M'"i~ ~s 44 ~ LL ~ _ I- i Jx+ i-;.J' yn Ir::: R 6 ATTACHMENT 4 Public Notification Ltil L ]j =A 200 FT BUFFER SITE o07 F!500 FT BUFFER Scale: None Newspaper Notification Date: October 2, 2005 Percent of land within 200' in opposition: 0% 200' Legal Notices* sent via Certified Mail: 30 500' Courtesy Notices* sent via 1 st Class Mail: 90 • 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 7 ATTACHMENT 5 Site Plan WILLDWDDD STREET (65' ROW) W Y1 .y. LLI PAW _ '•ndr ••3.~:.' Q wosan +r' d O 1f +i. I 13 ~ ,17 rY .f~ ~ 7•rs~' ~ V D ~ I : t+• ~ Gl sa, 4r I I ac Lr) r :EIS Ef3 F e CV' e 0 EDT am R SafMft FIELD iY a I ? Mf1. I.:;: I f N 8 8"CAI 413.10' LANDSCAPE PLAN = sera 8 ATTACHMENT 6 CondenseItT"` Page 37 Page 39 1 COMMISSIONER STRANGE: okay. The next I up there? Oh, there we go. All right. We've relocated 2 public hearing is an alternative development plan for the 2 this building a couple of times. We finally got it in a 3 Taylor Church of the Nazarene on approximately 6.674 3 position where there were only three trees on the western 4 acres. Ms. Shelton. 4 edge and then we brought this across. 5 Ms. sHFLTON: Good evening. The subject 5 See all of the parking is within the trees, 6 property is located on the south side of Willowood just to 6 in the open spaces between the trees. We're trying to 7 the west of McCormick. The surrounding neighborhood is 7 protect the drip line. We went out and measured the drip 8 primarily single family residential. The applicant is 8 line of every tree trying to stay outside those drip lines 9 requesting an alternative development plan to mitigate 9 because those Post Oaks won't take that kind of trauma. 10 variances from the required tree canopy and the removal of 10 The other thing is is we're not going to do any of that I 1 five quality trees on the site. The applicant proposes to 11 grading until the middle of November, which is the most 12 provide 32 percent canopy coverage. Fifty percent is 12 ideal time, you know, to do that sort of thing. 13 required in the NR-4 zoning district. 13 So I think staff's being very sensitive. 14 They also are requesting relief from 14 The church has been very sensitive trying to make this 15 mitigating the removal of five quality trees. The 15 work. The ordinance is really for multi-family housing 16 applicant is preserving 84 percent of the existing trees 16 and that doesn't take into consideration things like the 17 on this site. Only 25 percent is required. There are 17 softball field down in the lower right-hand corner or, you 18 currently 61 trees on this site. Five are dead and five 18 know, the parking we have spread out to where you're not 19 will be removed for the construction of the church. 19 going to have a sea of concrete to look at. It's going to 20 This slide shows the proposed site plan. 20 be very attractive. When I was hired to do this job, I 21 The black dots you see along the frontage road are the 21 looked at that site, and it is beautiful and we're really 22 proposed street trees that are to be added as well as some 22 really trying to maintain it, 23 other trees you see nearer to the building. These are the 23 And the way the ordinance reads we would 24 street trees which are required but they are not a part of 24 have had to plant, you know, like, 150 two-inch trees and 25 this ADP request. 25 we don't really it wouldn't look very good. Obviously, Page 38 Page 40 1 The aerial here shows the clusters of trees 1 it just wouldn't work with this particular situation. But 2 on this site. Because the trees are so clustered, the 2 I think it's a very successful thing. The staff has been 3 canopy is less because the trees are more dense. If the 3 responsive in helping us to as closely follow the 4 same trees were spread out more evenly over the lot, the 4 ordinance as humanly possible. 5 canopy coverage would be greater. Staff has received 5 Do you have any qucstions? 6 three written responses from property owners within 200 6 COMMISSIONER STRANGE: Mr. Roy. 7 feet of the subject property, two were in support and one 7 COMMISSIONER ROY: The trees that you are 8 in opposition. And I'll answer any questions. 8 going to take out, Sir, I understand you probably want 9 COMMISSIONER STRANGE: Anyone have a 9 to stand in front of the mike. 10 question? 10 MR. KNOBLOCK: Okay. 11 COMMISSIONER ROY: will there be a 11 COMMISSIONER ROY: The trees you're going 12 presentation? 12 to take out, are those the circles that I see there? 13 CoMMlssroNER sTRANGY: Is the applicant 13 MR. KNOBLOCK: No, those are the circles 14 here or do you know? Will they be making a presentation? 14 are the ones that are left. The ones we're taking out, 15 MS. SnELTON: Yes. 15 there's three right on the western edge of the you see 16 COMMISSIONER STRANGE: okay. This is a 16 the crosshatched site? 17 public hearing so I will open the public hearing. Is the 17 COMMISSIONER ROY: Yes. 18 applicant here and do they wish to speak? If you would, 18 MR. KNOBLOCK: Okay, There are three trees 19 please come down and give us your name and address, 19 right there and then to get down to the the back so 20 MR. KNOBLOCK: I'm Robert Knoblock. Pin the 20 that we could have a fire loop all of the way around it 21 architect. I live in Azle, so you're probably not 21 oh, okay. See, one of the things required by the Code is 22 interested in that, but we've been working with the staff 22 to have a fire loop entirely around the building so that, 23 on this project for some time trying to as closely work 23 you know, we can have fire access. Now, actually this 24 with the ordinances as we possibly can. 24 building is sprinkled on top of that. So we've been 25 As you'll notice, can we have the site plan 25 pretty prudent about the way we've approached this. PLANNING AND ZONING MINUTES OCTOBER 12, 2005 Page 37 - Page 40 Condenselt ' Page 41 Page 43 1 There are two trees let's see, if I can 1 COMMISSIONER STRANGE: And we have no cards 2 do this. There we go. I'm not any good with my left 2 for anyone that wishes to speak in opposition; is that 3 hand. Let me try this. Okay. There are two trees here 3 correct? Okay. That being the case, we'll close the 4 that need to be removed so that we can complete this fire 4 public hearing. Do we have a motion or any discussion? 5 lane. The fire lane comes all of the way around here, all 5 Ms. Holt. 6 of the way around and out. And we're installing a new 6 COMMISSIONER HOLT: Yes. I think this 7 fire hydrant and we are as you can see, we've allowed 7 recommendation by staff that's in the back, if the trees 8 we've left out parking places where trees actually 8 intended for preservation do not survive the adjacent 9 occurred so that we could have as complete a canopy as 9 to construction damage, new trees will be planted on site 10 possible. 10 to achieve a 32 percent canopy coverage. The existing I I There's a tremendous canopy, but they're 11 trees will be monitored for a period of three years after 12 all clustered. There will be major trees ten feet apart 12 construction is completed. At the end of three years the 13 or two feet apart and huge drip lines. So if you added 13 dead declining trees will be removed and replacement trees 14 them up, it would be much higher percentage, but I think 14 planted the following dormant season. 15 it's going to be a very, very attractive master plan. 15 I think with this many trees and how it is 16 COMMISSIONER ROY: what size are the trees 16 just a beautiful site, that that's probably about the best 17 you're taking out? 17 we can do on assuring ourselves beautiful trees in the 18 MR. KNOSLOCK: They vary. Eighteen, 20, 24 18 future. I would make a motion to recommend approval 19 inches. They're sizable trees. There's no question about 19 COMMISSIONER WATKINS: Second. 20 that. But the ones we've left, for instance, the one over 20 COMMISSIONER HOLT: --with the condition. 21 here, if I remember correctly, that's like a 48-inch Oak. 21 COMMISSIONER STRANGE: Okay. We have a 22 We originally had the site over here. Between these 22 motion by Mrs. Holt and a second by Mr. Watkins. Any 23 trees, we took these trees out and it really destroyed 23 discussion? 24 more trees than going this way because we had to get too 24 COMMISSIONER ROY: so the motion was 25 close. We would have saved these three trees we're taking 25 including the condition by staff? Page 42 Page 44 1 out, but we we would have had to take out these five. 1 COMMISSIONER STRANGE: Yes. We're going 2 It was kind of six of one and half dozen another. 2 with the recommendation of staff which is what's before 3 Plus by coming this way with the drive 3 us. Okay. Please, vote. And the vote passes let's 4 how do I what did I do now? There you go. Okay. I'm 4 see Mrs. Holt you didn't register. 5 sorry. 1'11 try to keep my fingers off of it. Okay. 5 MS. CARPENTER: The record needs to reflect 6 We're actually bringing the utilities in right through 6 that Mrs. Holt is in favor. 7 this passage between the trees so we won't destroy them. 7 COMMISSIONER STRANGE: `the vote passes to 8 There's just virtually no way that we can accomplish what 8 6-0 regardless of the screen. The vote passed 6-0. Mrs. 9 we're trying to do here with the fire lane without coming 9 Holt who made the motion voted for the motion. 10 down here and I hate to lose these are not large trees. 10 COMMISSIONER ROY: We presume. 11 These two are not. Three of these are relatively goad 11 COMMISSIONER STRANGE: She said she did. 12 size. We'd have to get a I've got a long list of 60 12 13 trees and exactly what condition they're in, how big the 13 14 trunk is, how big the drip line is, et cetera. 14 15 But I feel like that we've convinced the 15 16 staff that we've done the very, very best job we can with 16 17 this particular plan. All of these trees are huge. 17 18 They're just if you ever drive by there, they're 18 19 magnificent. They really are. Any other questions? 19 20 COMMISSIONER STRANGE: Any other questions? 20 21 Thank you very much. 21 22 MR. KNOBLOCK: Thank you. 22 23 COMMISSIONER STRANGE: Is there anyone else 23 24 that wishes to speak for this item? Do we have any cards? 24 25 Ms. cA"ENTER: No, no cards. 25 PLANNING AND ZONING MINUTES OCTOBER 12, 2005 Page 41 - Page 44 S:IOur Documents\Ordinances1051ADP05-0006.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN FOR APPROXIMATELY 6.674 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF WILLOWOOD STREET, APPROXIMATELY 197 FEET WEST OF MCCORMICK, WITHIN A NEIGHBORHOOD RESIDENTIAL ZONING DISTRICT (NR-4), IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND LEGALLY DESCRIBED AS SET FORTH IN EXHIBIT B, ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP05- 0006) WHEREAS, Mark Ramsey 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 6.674 acres of land legally described as set forth in Exhibit B, attached hereto and incorporated herein; and WHEREAS, on October 12, 2005, having determined that the criteria set forth in Sections 35.3.4.B.f and 35.13.5.A of the Denton Development Code had been satisfied by the plan, subject to the conditions proposed, the Planning and Zoning Commission recommended approval, with conditions, of the proposed Alternative Development Plan; and WHEREAS, the City Council finds that the finding of the Planning and Zoning Commission are true, and the proposed Alternative Development Plan, as conditioned, is consistent with the Denton Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS. SECTION 1. That the findings and recitations contained in the preamble of this ordinance are incorporated herein and found to be true; SECTION 2. That the Alternative Development Plan attached and incorporated hereto as Exhibit A, for the property legally described as set forth in Exhibit B, as attached and incorporated herein, is hereby approved, subject to the conditions therein contained; SECTION 3. That 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. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2;000.00, with each day of violation constituting a separate and district offense; and SECTION 5. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, 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. S , SAT Y PAGE 2 EXHIBIT A TILLOWOOD STREET (65' ROW) ~ ~,R750 75 ~ ~ '10A uPfFiIR~ LLJ >11 COMM w U:5.7o754 rF, _ I N O t Q Z 13 ~i t3 _ T I E 0 'A F I• I U tt Ln n I f, CYm U) Q ~ ~ I V) I , Q~ ~1 AWRO% rMpPF 1J61e15M0 70. • ~ !°!yy U l01 1, BLOCC A d OF l,RGR PARK {I f NAZAREN A TIOH s~1 ' I LI ¢ C >i o S rn m Q x y 0 -L J O ~ Y' SOFTBALL FIHLC `d : , Lmm CAM -IIA079S Fr. fir:. II N W° 8"W 413.10' LANDSCAPE PLANS wo. PAGE 3 Exhibit B FIELD NOTES to all that certain tract of land situated in the A.N.B. TOMPKINS SURVEY, Abstract No. 1246, in the City of Denton, Denton County, Texas and being a part of Lot 1 and a part of Lot 2, Block 2, HOME ACRES ADDITION, an addition in the City of Denton, Denton County, Texas according to the Plat thereof recorded in Volume 1, Page 7-1/2 of the Plat Records of Denton County, Texas, also being a resurvey of a called 6.674 acre tract of land described in the deed from Mel Wheeler, Inc. to Denton Shop with a Cop, Corporation, as recorded in County Clerk's File No. 97-R0049971 of the Real Property Records of Denton County, Texas; the subject tract being more particularly described as follows: BEGINNING at a '/z" iron rod found for the Northeast corner of said 6.674 acre tract in the recognized South line of Willowood Street, from which the Northeast corner of said Lot 1 bears North 00 degrees 25 minutes 50 seconds East at a distance of 8.00 feet; THENCE South 00 degrees 25 minutes 50 seconds West with the East line of said tract and said Lots 1 & 2 a distance of 703.66 feet to the Southeast corner of said tract and said Lot 2; THENCE North 88 degrees 40 minutes 18 seconds West with the South line of said tract and said lot a distance of 413.10 feet to the Southwest corner of said lot; THENCE North 00 degrees 25 minutes 52 seconds East with the West line thereof a distance of 704.00 feet to an "X" cut found for the Northwest corner of said tract tract in the recognized South line of Willowood Street; THENCE South 88 degrees 37 minutes 28 seconds East with the North line thereof a distance of 413.09 feet to the PLACE OF BEGINNING and enclosing 6.674 acres of land, more or less. AGENDA INFORMATION SHEET AGENDA DATE: November 1, 2005 DEPARTMENT: Planning and Development De art ment ACM: Howard Martin, 349-8232 SUBJECT - Z05-0024 (304 N Wood Street, Klement Laundry) Hold a public hearing and consider adoption of an ordinance regarding rezoning approximately 0.17 acres of land, the northern portion of lot 10, Block 1 of College View Addition from a Neighborhood Residential 4 (NR-4) zoning district to a Neighborhood Residential Mixed-Use (NRMU) zoning district. The property is generally located at the northeast corner of McKinney Street and Wood Street intersection. The Planning and Zoning Commission recommends approval (6-0). BACKGROUND Applicant: Spring Brook Planning Group Grapevine, TX The applicant is requesting to rezone the northern portion of lot 16R of College View Addition, which is approximately 0.17 acres, from a Neighborhood Residential 4 (NR-4) zoning district to a Neighborhood Residential Mixed-Use (NRMU) zoning district. The NR-4 zoning district only allows single-family uses and NRMU zoning district does not permit single-family uses. The portion of the property zoned NRMU zoning district (approximately 0.28 acres) does not have a reasonable use of the land without the rezoning of the subject portion of the property to the north. Public notification information is provided in Attachment 3. As of this writing, staff has received two written responses in opposition 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 Staff recommends approval of the requested zoning change based on the following findings: 1. The proposed zoning is necessary for the reasonable use of the property. 2. The proposed zoning and use is compatible with the surrounding neighborhood. 3. The proposed zoning change is compatible with the Denton Plan and the Development Code. ESTIMATED PROJECT SCHEDULE The latest plat is being vacated so that now an amending plat is required. 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. Planning and Zoning Commission Minutes, October 12, 2005 9. Ordinance Prepared by: 00, V/1 Supriya Chewle Planner I Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary of Zoning Request The applicant is requesting to rezone the northern portion of lot 16R of College View Addition, which is approximately 0.17 acres, from a Neighborhood Residential 4 (NR-4) zoning district to a Neighborhood Residential Mixed-Use (NRMU) zoning district. Existing Condition of Property The subject property is currently vacant. Adjacent Zoning and Uses North: Neighborhood Residential 4 (NR-4), Single-Family South: Neighborhood Residential 4 (NR-4), Single-Family East: Neighborhood Residential 4 (NR-4), and Neighborhood Residential Mixed Use (NRMU), Single-Family, Commercial West: Neighborhood Residential 4 (NR-4), and Neighborhood Residential Mixed Use (NRMU), Single-Family, Commercial Comprehensive Plan Analysis 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 Analysis Access Access to the subject site is from McKinney and Wood Street, McKinney is classified as Primary Major Arterial and Wood Street is classified as a Local Street. Public Infrastructure Public utilities are available to serve the site. Development Code / Zoning Analysis The comparison between uses permitted in NR-4 and NRMU zoning districts are provided in the following charts. Laundry Facilities is an allowed use in NRMU. The Neighborhood Residential Mixed Use (NRMU) zoning district permits some commercial uses, but mostly with limitations. The subject property has two zoning district classifications NR-4 and NRMU(Refer to attachment 2). The NR-4 zoning district only allows single-family uses and NRMU zoning district does not permit single-family uses. The portion of the property zoned NRMU zoning 1 district does not have a reasonable use of the land without the rezoning of the subject portion of the property to the north. The chart below illustrates the difference between the two zoning districts. Limitations for each use are explained following the last chart. Residential Land Use Categories Single Family Dwellings P N Accessory Dwelling Units SSU1P N Attached Single Family SUP L(40) Dwellings Dwellings Above Businesses N P Live/Work Units N P Duplexes L(3) N Group Homes N SUP Multi-Family Dwellings N SUP L4 • Hotels N P Bed and Breakfast N P Retail Sales and Service N L 17 Restaurant or Private Club N L(11) Drive-through Facility N SUP Professional Services and Offices N L(17) Quick Vehicle Servicing N SUP Laundry Facilities N P Outdoor Recreation P SUP Administrative or Research N L(14) Facilities Broadcasting of Production N L(14) Studio Categories Industrial Land Use Bakeries N L(21) Veterinary Clinics N P 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. 2 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4. One additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. 5. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. L(3) = In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units must have the appearance of a single family residence from the street. L(4) = Permitted as part of a mixed use development of ten (10) acres or more and only in conjunction with office, retail or other permitted commercial or institutional uses. L(11) = Limited to sit down only, and no drive up service permitted. Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(17) = Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may be larger with approval of an SUP. L(21) = Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced required in this zone. L (40) =Limited to a maximum 12 units per acre. 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 Minimum lot area (square feet) 7,000 2,500 Minimum lot width 50 feet 20 feet Minimum lot depth 80 feet 50 feet Minimum front yard setback 20 feet None Minimum side and 6 feet 6 feet Minimum side yard adjacent to a 10 feet None street Minimum rear yard 10 feet None The following limits apply to subdivision of more than 2 acres in lieu of minimum lot size and dimension requirements: General Regulations Maximum density, dwelling units 4 30 per acre Minimum side yard for non- 5 feet 12 feet attached buildings 3 The following limits apply to all buildings: General Regulations ' ' Maximum lot 60% 80% coverage Minimum landscaped 40% 20% area Maximum building 40 feet 65 feet height Minimum yard when 10 ft plus 1 foot 20 ft plus 1 foot abutting a single- for each foot of for each foot of family use or district building height building height above 20 ft above 20 ft 4 ATTACHMENT 2 Location/Zonin Ma g p NORTH ~.~F~ J J', C 'o 'c o, ~ I T E ,A,IAI I II IA/ 1~~,! ~Il ~}Ij~l~ ~A~~ 4{R > ~ i r ~ w 1 ~l CC ~~I' ti/ Land Use Ma p Existing Land Use J G W G a a SITE _ _ _ MGF(INNEY 0' G a Exi ling Lan Use U' 4 ATTACHMENT 3 Notification Map - BOO FEET NOTIFICATION 2O0 FEET NOTIFICATION SITE NRM U - ~ ~IhIH~~ ,o -mm_. _e ~ R l IN ~PP~~ITIDN L t~' , Scale: None Public Notif ication Date: October 2, 2005 200' Legal Notices* sent via Certified Mail: 22 Number of responses to 200' Legal Notice: NnRTu ■ In Opposition: 2 ■ In Favor: 0 ■ Neutral: 0 ~A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 5 ATTACHMENT 4 Site Photos w . n "v ail:.: , ~u ~ _ 1yu F, k t l 5 y ' P I, ly ~ttl~ ~ f1~f a 4A'M}'~.p5 ~ ~ 41` 9 ~ ~ 1' Il ~ AV ~ ~ R ~.a1M,~y~ % ~4Y i~ ar 1163 ~ ~ ~,.Y ~ ~~j~ 1~1 1 k 1 1b '+W, 11 1~ ~r it1 ~i ~y ~Nh~ 'tY~ ~ 1 p~ ° ~ i ~S~ I M~i1 ~ ~ y ref ~ ~ ~ n d E ~l ° k a ~ ~ a r~al,~~~i~i'~ i ~i ; 7 ~ ~,~.s+~ ~;k~ t ~ I w.. ,b 1ma ] ~ m4 dal R n' z~,y , a~'11Pmw~'w~x'v.R~c S £t i I , , ~ !+~^vn~~ r?, Subject Property Properties to the North of the Subject Property , . , 8 111 b ~W . M~ d I A I IN ! ~ ' 1 111~s. ~ 6 p i E ~ ~ ~N ,~vNNv i ~ 1 1N ~ fidi~~ ~ .k ^n u s a x ~ e S~'t 7,~b v"'~6`' ~i ~g i,~a{,6 ~~4 ~ ~ i ~,r i „r , N.. ~ ~ b. ~ ~ ~ i Properties to the east of the Subject Property Properties to the west of the Subject Property r . E : a ~ ~ '~1 } ~ M a`b p~,~ ^ l e q~l I d s i~M~ t ryl i~tp i, ~k~•r4 ~ ' ~ t < y ~ i I~~~~w . ~ ~ ~ ~ R i ~ ~t ~ uir ~ . rp IY .k , ~ r i a ~ 4ri ~ i~iti~. , „ t t uy~l~'i 4q~ ~ n ~ i liul,'yf ~ i~ ii ~i~ ~ ~ ~ ~ r t ' ~qi ~ v tkS4 nt ' 1 r ~ 1 ~ p~- ,1 ~ ~ ~ i . ~ i u ~k e. a I r~ M~-' I~ 7`¢Fe~ eF ~,ia i ~ ~~i~ Property to the south across McKinney St. McKinney and Wood St intersection 6 ATTACHMENT 5 Aerial Photo ~ , m r ti isi ~i~~, r r ~ ~ i ~ ~ m ~ ~ i fit . t i ~ ~ , 9~ r u n4, ~~~1~";ibf ~ E 1 ~ h~' ~ ~ f ~ , ~ ~ I a l ~ ~ t N;-. M Mh G~ a p M 3e IS a ~ r y~, j w 11F~~ ~,1 ~ ~ ' ` n a., ~ ~ , i ~ ' ~ ' ~ ~ y, 1 ,f; ~Q„ ~ ~ ~ ~ t 1 C s ~s. ~ ~ ~ ~ ~ ~d~ ~ r , ti:. ~ a a ~ A I ~ yE i1: N~ i~~ti .l_ f 1 G b ebt E\M n:. v MCIC~NNEY , . , o r , , r a W l`{Ni`~ kl ~a ~ h ~ ~ r ,p " r r ~ ,rNu~gr' a ~ Eyd ding L~ t~se ~ ~ ~ ~ r ~A , a j ~ ' ~ ~ k ~ I S ~ ~ ~ u ~ My~ F 1, i) 1 Al ~ H A. ` „t; ~ i 7 ATTACHMENT 6 Letter of Intent ~tr~~r ~C~C~~ ~a~in, `ariar~c~ ar~~ Plat l~acat~~ a~~l~i~ati~r~ ~~r ~4 1~ tr~~t ~C~1il~~~ ~'i~ A~~iti~r~, Lit 1 ~1~~ 1 ~r~rall I~at at the r~~rthat ~~rn~r ~f ~'l~ir,~ fit. ar~~i fit. i~ the ~it ~f [~~t~r~~ T~~a. fly I~i~r7t, r'lr. ~~a~~~'~'~I~nt. ~rcha~ t~~h~ hard ~~~~r~~r ar~d the a~~ja~~r~t ~r~p~rto~ta the north v~ith the ir~t~r~t ~~~I~~in la~an~r~ fa~ilit~r. T~ that ~r~d. I~Ir. ~I~~r~t r~c~r~tl rlat~~ the t~v~ ~ri~~~ I~t ir~t~ ~F~~-~~~;~. At that. tiro ~~g~ lint did r7r~t fullg~ u~~~irtan~ the ir~pa~t that the iti~ rak~di~ii~n rralati~n ~~~I~ have ~n hip ~r~~~c~ r~~~l~~~~r~t, ~~~i~i~all the c~e~iati~r~ ~~r~r ~r~prt ~ ~iht-of-~ Ire are f~~rt t~ r~nir~~ the %r~~a~t. are rak~ritt~n h f~ll~~vin~ a~~li~ati~r~ ~~r~%n of n~rt~h~~r~~~ ~ 4 ~r~r~ -4 ~~~1~~ Plat ~la~ati~r~ ~r~b~ivi~i~n aria~~~ t~ r~~l~~~a~ ~r~ l~~~inn trt ~~k~~ivi~i~r~ ~`ar~anc ~~uce ~ ~r~ trt ~r~h~ivii~r~ 'ar~ian~ t~ ~=~d~uc~ sid~~ralk Width are 'aa~~ tr~~t Ad~diti~nall}~~ ire are ff~rt t~ ~r~r~ ~ithi~ t~h ~~r~fin of the r.arrnt it ~anfi~rati~r~ ~rr-~~tin~ al~~l r~uir~d ~ahdi~rii~n r~~~al'ati~n}. ~ ~li~nt ~k~~~ittd an ~Itrnativ C7~~I~~r~r7t Plan ~A~P~4-~~~~~ ~n N~vr~h~r ~~1. C~C~4.~ Thy A[~P ~ r~~ra~td in Iar~~ dart the diffi~.~lti ~f rr~tin~ the its deign tar~dard and the ~ahdi~i~i~r~ rg~lati~n v~hil~ at the a tire, d~~lo~~ing are ifill I~t, lJnf~rt~.~nat~l, the thr~~ d~ n~~ ala ~r~ in ~~r~rt pith ~a~h ~thr. It i ~~~r h~ that the ~~n~hinati~n ~f the ak~a~ ~i~t~d a~~li~ati~r7andth~A~P~ri Ifa~ilitatagualitd~rl~p~~n~nt~nth~hje~t~ra~~rtg~. T~v~ard that ~f~rt~ it ~ al~~ air dir that AC~~' r~~ f~r~vard pith. the a,~,~li~ati~r~~ s ire ~t tiro `~ri~r r~~'I~ttir~~ - ~'~0~-~~1~. fi ~.a~i~j~~t ~r~~~rt ~ ~~r~t Int. ~~cl~ ~rain~tl~~'ids{:al~r~'a~~lt.:~~nd 14'~~~. o~~n~ir~~~,tl~~~thrr~tc~ I~t r~ ~i~r~~ir~t~l~ 1~~' 14' ~14.~~~ ~ ft. ~r ~r~} ~r~d zr~~~ I~lic~hbc~r~~~~i '~i~r~ti~l i~~~ ~NRI~'ll~~. I~i~h cic~ grit the ~rc~~~ Ir~n~r~ fi~~ility. Tf~~ narthrn I~t X0.1 ~4 ~~r~~ i i~ r~~ ~rarrr~tl z~r~d lif~k~~r~~a~ ~~~i~~nti~l 4 ~I~J- 4~ r~l~~f~ d~ r~~t ~r~~~it 1~~.~r~~r fi~li~. zanir~c~ the r~rt~rr~ 5~' i~ ia~r~l ~ I~ik~it ~r~d ~a~~l~ir~ir~ it Frith the c~tl~~r t~ ~r~l results in ~r~ ~~riar to tf~ r~~r~t re~l~ttin~ ~n~ ~ec~ictier~~ that is ~~reirr~~te 14' ~~ler~~ l~l~inne} k~ 1 ~~lon 'c~ed~ er ~~~rexi~~~tel~ ~.4 res. After ialttir~ ever efithe site is lest to re~uire~ ~'~~~r~ri~r~~r~u~t~~l~v~~ ~r~~ r~ralt ire ~ I~ttl~~t iC~.~r~ ir~i~. tt~~ e~ pie 41 of the ~et~~r~ ~~~t~, ``The rele of ~r~~n~er~il ~ti~rit~r ire the pit is to pravic~e ~er~~er~ier~t ~~il~k~le retail services afifii~e ap~►ert~r~ities tc~ resi~er7ts efi the ~er~tc~r~ l~rl~et re." The plr~ firt~l~er states 4~ "Tire fetus rep of ~ r~eihk~erhoed ~er~ter ~er~t~ir~s f~ilities vital to the ~-to- ~~tivit~ of the r~ei~hhc~rhee~. ~ r~ei~hk~erhee~ center night ~er~t~ir~ ~ eor~ver~ier~~e Mere, sr~~ll ret~r.~rr~t, ~~er~sen~l service sheds, ~h~~re'h ar sr~~gc~g~..~e, ~~c~re, ir~c~ivi~u~l effice spice, ~ sn~ll ~r~, ~n~ ~erh~~ elener~t~r scheel~" The rezenir~c~ ~fthis ~repert r~eet the ir~ter~t ~r~c~ gels of the ~~~~~~r~ ~~~r~ r~c~v~i'IlresL~lt ire ~ rel~ti~rels~~~ll cenercilJet~khtrill ~reviecer~~renier~t~~ ~~r~ilhle service r~e~rb~ res~~ler~ts~ Ire sur~~~~~~r~, I re~li~e that it ~~ers that ~er;e reguetir~g special ce~~~ertier~ fer this site, but the C~eveler~er~t ecie is r~et set u~ fer ir~fiill evelepr~~er~t. E~r7 it ~~~.,~t b~ r~~lz~ ~n itse~rr~r~erits~r~~their~pctth~eisti~~gregul~tier~hveer~thepeter~til~evelepr~~er~t ~f the site. ~1r~til tl~e cede is revised, cer~~r~~er~ sense r~ee~ to prevail ifi ~~u~lit ir~fill develep~~r~t is to tie Ice. Thr~~ i~ ~dvr~ce fer er~~r tine rid effects. If ~re~~ hive ~r~~r guetie~~s ple~e riot hesitate to cer~t~ct . ~ ~rr ~ hart. ~L~, I~rir~g ~ree~ ~I~~~r~r~g reap 9 ATTACHMENT 6 Letter of Opposition - 1 N017CE OF PUBLIC H IRIW Zwm& Ocftw 12. WK la cmddK ffWft d appmAdw* C.1T a:lu or mft an no mm pwft of am 16K mbw # or cow Vlrw AdAm fr a Nmla ffi m 11ea1dwdd 4 omQ as ftWdlDS!Wlb0lmmSR IdRINStod-UM R =ft MSS Tft prw l b at ft raftm a x w or aftawm tam Wow lRnrt 1nlrta~pen.1~ Yam ~ prapee#~p ip bled a l.aard~y on 1ha ~ TM pubft h■Wft a zM a! pm la ft Cft Ca~■%fi CheMn of HO loaned 215 11 Ark', ft ~ Allw WA *0 kwm*W 00 AW 49 A* ae Sow ft 9D hm how ym ft ANIL" a ftdm Im 6 ~ wpa m. Pkm% in tw pw q~ir 1 b be taken kft a ld Akm"foIR4 Wm Pw ap11~MM'11~ pIliv io ft *a of pubf hlwRtr~ f na & Lw Way pwda C .vw*W- ow- ftm.K the mgww mat buftm o n~lf n to HE and ahabrRar ik drle~ PhOlft WO fN ~wr1~ taa■s ~1! #am sop" Ohm" PkrI 7bm Sop alb rad to miaWm is pwe I■adr~ra m *A eoppaK md appe form& the Cwmft" b Mmmid d to wml d mapa,sas In a wW W4 In o N~ at a~ ~ Gklpaald 1a 14~0■ ikt Ai Az &W 9101, l ~i.~ L ~JS d6- cw, rift zw r. :z " Tdophm l' i1 Plgafeal AftMeNi"m hu*0 fffp %4t . 13 Letter of Opposition - 2 NOS F URIC HEAkING 3 4,, go 96 T's cw~ of the of Duke wo rba :r PL" I'h"" *n may, r 12 10 ~n~dK ~p ~ v € Chad mamma pMe a of +PR~ 4.1 T o* P&ft af-M illR. No& 1 # Cd pe VWN Additbn i P"idird111 co baafafplftdioad PAWdamW k bad-Uarr (1'lHkfwn " diem. ThP MP +I@ Q r* at no*mml =Tw Cd Up1(+n"9bvW andWxd qww klkm m The a unt,$ OdVWM buk a Win* cm ft sAva V"wty. The PAM taftV wM at t at wX M in CRY 0=4 Cftw ass of Hwl l owd U 216 F- WK r" Gh eK Da *w% T WW. am"o own p wWw "a* bwa fto*w rA QI Aw a! 4 dt PftwAV ao ~ -wow not b haarr b w)w a ba t M N ~dtft b F Nam, in Aprw ovhw iD im imb *=w, +aie m th bm Prior b Vw dft of p WAD wi 4 (TW fo ao P you +b aw , h Me Puft Yau "W I" it iR► we nun w rar+aEed f~ogpard iar vMR N b #w 8*nffi or ow It alf il. #•~arlmerrt oK a o Tim mim Aft lwpwbaCie , namwi i p - m-6 ThMa *am am io cw"Go 1M off. brAdwrdob 00 wjPPwl and "mm to ra*Md. We O*RkwM m is wwmw co vfta of ~ in mppart wW in oh'aM arwe In Uvpr 4f reps Fle~ad w Opp"o to MOAN ~ RAWN for Oppoalt m: . g? ejL c x - MWft Adder CAY. am" UK T41 15Ga19 Nwnh~r was kd Addrm d Pmp vtyW* No 4 c or affia Mfg MMS axr w" • TEMW WM • Oro all a • MADUL7W 2w PCMMM 14 ATTACHMENT 8 CondenseIt"m Page 85 Page 87 1 COMMISSIONER STRANGE: we'll now move onto 1 Staff recommendation is approval to the request based on 2 Item E, the rezoning of approximately 0.17 acres of land, 2 the following findings: The proposed zoning is necessary 3 a portion of Lot 16R, Block 1, College View Addition from 3 for reasonable use of the property, the proposed zoning 4 a Neighbhorhood Residential NR-4 zoning district to a 4 and the use is compatible with the surrounding 5 Neighbhorhood Residential Mixed Use zoning district. Ms. 5 neighborhood. The proposed zoning change is compatible 6 Chewle. 6 with the City of Denton plan and Denton Development Code. 7 MS. CHEWLE: Good evening, Commissioners. 7 If you have any questions, I'll take them now. 8 The applicant for this project is Springbrook Planning 8 COMMISSIONER STRANGE: Mr. Roy. 9 Group, Grapevine, Texas. The applicant is requesting to 9 COMMISSIONER ROY: You indicate there are 10 rezone the northern portion of Lot of Lot 16R of the 10 two properties within the 200 foot limit, do you have an 1 I College View Addition which is approximately 0.17 acres 11 approximate percentage that you can share with us? 12 from a Neighborhood Residential 4 zoning district to a 12 MS. CHEWLE: Yes, it's .95. 13 Neighborhood Residential Mixed Use zoning district, The 13 COMMISSIONER ROY: .95? 14 applicant wishes to build a laundry on the subject 14 MS. CHEWLE: Right, 15 property. 15 COMMISSIONER ROY: Thank you. 16 Public notification information was 16 COMMISSIONER STRANGE: Any other questions 17 provided in your backup. As of this writing staff has 17 of staff? 18 received two responses in opposition to the request within 18 Ms. cHEwLE: or maybe 9.5. 19 the 200 feet subject of the subject property. 19 MR. REICHHART: 9.5. 20 The subject property is platted but 20 MS. CHEWLE: It doesn't look like .95. 21 currently vacant. A plat vacation is on our Agenda today. 21 COMMISSIONER STRANGE: All right. Okay. We 22 If the plat vacation is approved an amending or a replat 22 will no other questions of staff, we will open the 23 shall be required in the future. The north and the south 23 public hearing, Is the applicant here and do they wish to 24 uses the north and the south uses are Neighborhood 24 speak? 25 Residential NR-4 which consists of single family houses. 25 MR. REICHHART: Yes, I am here. I do have Page 86 Page 88 1 The properties to the east and the west are 1 a presentation but I don't know how any more 2 zoned as Neighborhood Residential NR-4 and NRMU, which has 2 information you would get I'm sorry. My name is Larry 3 single family and commercial uses. This is this is the 3 Reichhart, Springbrook Planning Group, Grapevine, Texas 4 northern this is one one lot, 16R, but this portion 4 76051. We are looking to rezone the northern what was 5 of the lot is zoned NR-4 and the and once it's rezoned 5 at one time the northern 50 foot of this property. That 6 to NRMU, this is how what it's going to look like. 6 constitutes of the lot that we're looking at right now, a 7 The proposed use is compatible with the 7 little less than 50 percent of the total lot. 8 existing neighborhood and the intent of the Development 8 I found it interesting that the Northstar 9 Code. Access to the subject site is from excuse me, 9 bank folks said how difficult it was to develop, you know 10 from McKinney and Wood Street. McKinney is classified as 10 a lot that was a little under an acre. Try to do one 11 a primary major arterial and Wood Street is classified as 11 that's about a third of an acre. It is extremely 12 a local street. 12 difficult as you'll see in our other applications. So we 13 Public utilities are available to serve the 13 are respectfully requesting that the northern 50 foot be 14 site. The comparison the comparison between the 14 rezoned to NRMU. we do think it is compatible. It is 15 permitted NR-4 and NRMU zoning districts are provided in 15 necessary for any development to take place on this 16 your backups. Laundry facility is an allowed use in an 16 property. And I'd be happy to answer any questions that 17 NRMU zoning district. In the NRMU zoning districts 17 you have. 18 provide some commercial uses but mostly with limitations. 18 COMMISSIONER STRANGE: Any questions of the 19 The subject property has two zoning 19 applicant? Mr. Roy. 20 district classifications, NR-4 and NRMu. The NRMU 20 COMMISSIONER ROY: There was a basic 21 district only allows single family uses whereas NRMU 21 question that we brought up with staff earlier about 22 zoning district does not allow any single family use. 22 acting on this particular issue. I noticed that we've got 23 The portion of the property zoned NRMU 23 several other issues to discuss on this property. 24 District does not have a reasonable use of the land 24 MR. REICHHART: Regardless of those other 25 without the rezoning of the subject property to the north. 25 issues, we would like to get this property rezoned. I PLANNING AND ZONING MINUTES OCTOBER 12, 2005 Page 85 - Page 88 CondenseItTM Page 89 Page 91 1 mean, for anything to be developed on this property, at 1 2 this rear portion needs to be rezoned regardless of what 2 3 happens with the other cases. 3 4 COMMISSIONER ROY: Thank you. 4 5 COMMISSIONER STRANGE: Any other questions 5 6 of the applicant? Thank you, Mr. Reichhart. Is there 6 7 anyone else here who wishes to speak in favor of this 7 8 item? Is there anyone who wishes to speak in opposition 8 9 to this item? Seeing none, we will close the public 9 10 hearing. Do we have a motion? 10 11 COMMISSIONER HOLT: So moved move 11 12 approval. 12 13 coMMISSIoNER STRANGE: we have a motion 13 14 from Mrs. Holt. Do we have a second? 14 15 COMMISSIONER THIBODEAUX: second. 15 16 COMMISSIONER STRANGE: Second by Dr. 16 17 Thibodeaux. Any discussion? Please, vote. Motion passes 17 18 6-0. 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 Page 90 Page 92 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 !8 19 19 20 20 21 21 22 22 23 23 24 24 25 25 PLANNING AND ZONING MINUTES OCTOBER 12, 2005 Page 89 - Page 92 SA0ur Documents\Ordinances1051Z05-0024.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED USE NIN" ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 0. 17 ACRES OF LAND, GENERALLY LOCATED AT THE NORTHEAST CORNER OF MCKINNEY STREET AND WOOD STREET INTERSECTION, AND LEGALLY DESCRIBED AS THE NORTHERN PORTION OF LOT 16R, BLOCK 1 OF COLLEGE VIEW 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- 0024) WHEREAS, Mr. Larry Reichart has applied for a change in zoning for approximately 0.17 acres of land particularly described in Exhibit "A" attached hereto (the "Property") from Neighborhood Residential 4 (NR-4) zoning district classification and use designation to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation; and WHEREAS, on October 12, 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 Plan and the Development Code; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning district classification and use designation is hereby changed from Neighborhood Residential 4 (NR-4) zoning district classification and use designation to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation for approximately 0.17 acres, more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference; SECTION 2. That the City's official zoning map is amended to show the change in zoning district classification; SECTION 3. That 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. That any person violating any provision of this ordinance shall, upon conviction, be fined a suns not exceeding $2,000.00, with each day of violation constituting a separate and distinct offense; and ATTACHMENT 9 SECTION 5. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, 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, CITY ATTORNEY PAGE 2 EXHIBIT - A FIELD NOTES to all that certain parcel of land situated in the B.B.B. & C. Railroad Survey, Abstract #185, in the City of Denton, Denton County, Texas, and being the North 50 feet of Lot 16R, Block 1, of the College View Addition as recorded in Cabinet V, Slide 514, Plat Records of Denton County, Texas, and being more particularly described as follows; BEGINNING at a capped '/z" iron rod found in the East right-of-way line of North Wood Street, and at the Northwest corner of said lot, and in the South line of a Lot 17, Block 1 of the College View Addition according to the plat thereof recorded in Cabinet 1, Page 13 Plat Records of Denton County, Texas; THENCE South 89 Degrees 35 Minutes 25 Seconds East with the North line of said Lot 16R, a distance of 131.47 feet, to a '/z" capped iron rod found at the Northeast corner of said lot, and at the Southeast corner of said Lot 17; THENCE South 00 Degrees 05 Minutes 03 Seconds West with the East line of said Lot 16R, a distance of 50.00 feet to a '/z" capped iron rod found at the Southeast corner of herein described tract; THENCE North 89 Degrees 37 Minutes 52 Seconds West, 131.84 feet to a '/z" iron rod found in the said line of North Wood Street, and in the West line of said Lot 16R; THENCE North 00 Degrees 03 Minutes 37 Seconds East with the East right-of-way line of said Street and the West line of said Lot 16R, a distance of 50.10 feet to the POINT OF BEGINNING, and enclosing 0.164 acres of land, more or less. AGENDA INFORMATION SHEET AGENDA DATE: November 1, 2005 DEPARTMENT: Planning and Development ftartment, ACM: Howard Martin, 349-8232 SUBJECT A05-0002 (North Denton Annexation) An ordinance of the City of Denton, Texas, annexing approximately 5,800 acres of land contiguous and adjacent to the City of Denton, Texas, located in the in the northeastern area of the City of Denton's Extraterritorial Jurisdiction; generally located between the City's current northern city limits and Lake Ray Roberts along both sides of FM 2153 and FM 428 north of Hardee Field Road; such annexation area being located in the V. Gailer Survey, Abstract Number 452, J. Clark Survey, Abstract Number 247, J. Cheek Survey, Abstract Number 227, H. Williams Survey, Abstract Number 1417, J. Douthit Survey, Abstract Number 329, S. Morris Survey, Abstract Number 859, D. Ground Survey, Abstract Number 489, J. Petty Survey, Abstract Number 1027, P. O'Leary Survey, Abstract Number 977, S. Lamar Survey, Abstract Number 761, J. Thomas Survey, Abstract Number 1240, W. Thompson Survey, Abstract Number 1238, A. Patton Survey, Abstract Number 990, S. Williams Survey, Abstract Number 1322, E. Myers Survey, Abstract Number 932, and the E. Myers Survey, Abstract Number 933, Denton County, Texas; approving a service plan for the annexed property, providing a severability clause, and providing an effective date. BACKGROUND Applicant: City of Denton Denton, TX An involuntary annexation proceeding is being considered by the City of Denton for approximately 5800 acres within the City's northeastern extra-territorial jurisdiction. The subject area to be annexed contains 146 separate parcels owned by 61 property owners, portions of FM 428 (Sherman Drive), FM 2153, Elm Bottom Circle, Green Valley Circle, Warschun Road, PR 2718, Shepard Road, and Burger Road. FM 428 and FM 2153 are state roads under the jurisdiction of the Texas Department of Transportation (TxDOT). A 54-inch city waterline runs along Burger Road, FM 2153, and FM 428. The property where the proposed city wastewater treatment plant will be located (along Hardee Field Road) is also included in the proposed annexation. ➢ August 30, 2005, staff received direction from the City Council to pursue involuntary annexation proceedings. ➢ The City of Denton issued a letter of intent to annex to property owners on September 2, 2005. ➢ The City Council has held two public hearing on October 4th and l lth ➢ On October 10, 2005 Council Member Pete Kamp hosted a neighborhood meeting with residents of the proposed annexation area in an informal discussion regarding the reasons for annexing the area. Mayor Brock, and Mayor Pro Tern Perry McNeill attended the meeting. Approximately 75 residents and property owners attended the meeting. 1 ➢ The Planning and Zoning Commission held a public hearing on October 12th and recommended denial of the annexation. ➢ The entire area proposed for annexation is located in the extra territorial jurisdiction of Denton and is not zoned. All property in the proposed annexation area will, upon annexation, be zoned Rural Residential 5 (RD-5). The Comprehensive Plan identifies the annexation area to be within Rural Area, Existing Neighborhood/Infill Compatibility Area, and Neighborhood Center land use designations. Currently, there are approximately 60 residential units, a convenience store, a horse arena, a church, and a city water treatment plant. ➢ Due to outdated parcel information three property owners, encompassing approximately 94 acres, were not notified about the proposed annexation. The State law requires that all property owners included in an annexation be notified 30 days prior to the first public hearing. Due to lack of notification staff removed the three properties from the proposed annexation. ➢ Property owners were notified of the involuntary annexation with an "intent to annex" letter and official public hearing notifications. To date, staff has received two letters in support, one letter neutral, and 24 letters in opposition from property owners within the proposed annexation area. (Refer to Attachments 2 and 3.) OPTIONS 1. Maintain land area. 2. Delete land area. 3. Amend service plan. 4. Deny. RECOMMENDATION Staff recommends approval of the annexation ordinance on first reading. ESTIMATED PROJECT SCHEDULE The annexation process will be completed by December 6, 2005. (Refer to Attachment 4.) PRIOR ACTION/REVIEW Intent to Annex Notification Mailed September 2, 2005 1st CC Public Hearing October 4, 2005 Neighborhood Meeting October 10, 2005 2nd CC Public Hearing October 11, 2005 P&Z Public Hearing October 12, 2005 FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. Proposed annexation area will add additional tax base to the city. Full municipal services are required upon annexation in accordance with the service plan which is made a part of the annexation ordinance. 2 ATTACHMENTS 1. Service Analysis 2. Notification Map 3. Property Owner Response Letters 4. Annexation Schedule 5. Draft Annexation Ordinance 6. Minutes Respectfully submitted: ~„y~.~.tot.r Kelly Carpenter, AICP Director of Planning and Development Pre ared bv: r Deborah Viera, AICP Comprehensive Planner II 3 ANNEXATION REQUEST SERVICE AREA ANALYSIS A05-0002 The Planning and Development Department is processing an involuntary annexation for approximately 5,800 acres of land generally located between the City's current northern city limits and Lake Ray Roberts along both sides of FM 2153 and FM 428 north of Hartlee Field Road in the northeastern area of the City of Denton Extraterritorial Jurisdiction (ETJ). Refer to map below. Size. 5,800 acres Location. Between the City's current northern city limits and Lake Ray Roberts along both sides of FM 2153 and FM 428 north of Hartlee Field Road in the northeastern area of the City of Denton Extraterritorial Jurisdiction (ETJ). Proposed uses. 1. A proposed master-planned community with homes, retail and possibly a golf course on 1,900 acres near Lake Ray Roberts. The extension of City's utility facilities or the creation of a water district are under consideration by the developers. 2. The construction of a City wastewater treatment facility that would service the Clear Creek and Milam Creek watersheds. The purpose of the service area analysis is to determine how the city would provide services to the area should it be annexed into the city. A service area analysis form is attached. Please provide the requested information and any other pertinent information you deem necessary. To determine the city's ability to provide services to the proposed area it is necessary to document: • Each department's existing capacity to provide an adequate level of service to the proposed area; • Additional personnel and capital equipment/facilities necessary to provide an adequate level of service to the proposed area; and • Cost of providing additional service. Existing Conditions: Proximity to existing arterial and collector roads. The Mobility Plan designates FM 428 as a Primary Major Arterial, FM 2153 as a Secondary Major Arterial, and Hartlee Field Road as a Collector. Forty-two (42) tracts have actual frontage along FM 428; forty-one (41) tracts have frontage on FM 2153; and thirteen (13) tracts have actual frontage along Hartlee Field Road. Future Land Uses. The proposed annexation area contains three future land use designations: Rural Areas, Existing Neighborhood/Infill Compatibility Areas, and Neighborhood Centers. The vast majority of the area is within Rural Areas. Existing Neighborhood/Infill SACC Backup\2005 CC Backup\1 0-05\1 0-1 1-05\2 - Compiled_Service Analysis.doc ATTACHMENT 1 Compatibility area locates north of Hartlee Field Road. Neighborhood Centers locate within the boundaries of the proposed Existing land uses. The vast majority of the area is undeveloped/pasture land. There are approximately 60 residential units, including single-family residential units and mobile homes; approximately 64 structures (barns, sheds, shops); one convenience store; one church; and a city water treatment plant Prominent natural features. The area to be annexed includes the Milam Creek and Clear Creek basins. Environmental Sensitive Areas (ESAs), including floodplain, stream buffers, water-related habitats, and upland habitats, are spread through out the proposed annexation area. See map attached map. Proximity to other service providers. The annexation area is along the northeastern border of the City of Denton. Based on current data, there is a 54-inch waterline along FM 2153 and FM 428. The annexation property is located within Denton's wastewater Certificate of Convenience and Necessity (CCN), which is a utility service area permit authorizing a specified utility to be the retail service provider. The water CCN holders for the annexation property include the City of Denton, Bolivar Water Supply Corporation and Green Springs Water Supply Corporation. Thank you for your consideration of this request. Please submit any other information that you believe is pertinent to evaluate the provision of services to this area to Deborah Viera in the Planning and Development Department at deborah.viera&cityofdenton.com by September 16, 2005. You may reach her at 349-8368 if there are any questions. LOCATION MAP OF PROPOSED ANNEXATION AREA Parcels Proposed for L_J Annexation Current City Limits F. 1 i L L AERIAL OF PROPOSED ANNEXATION AREA . ~ .r I !4 ~ ~F ~ ~ E ~ ~ P: ~ flVM1d J PJASlhi .9art4{ T1n5Y3~wq r l ~ m ~ ~ ` r ~nx~ ~ \IIaF:a}d RNl ' ~ h11, y F ~ ~ fiJS a,. 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L~ a, u ~ 3 ~ r~ ~ ~ by ~ ~ r, 9i ~ ~ d a S n ~V'~ .„.~~^~L1~a"~1~J~a:r- i I ~ _ ~ ' ]M u ~ - v 4 ~ ~ ~ h P ~ ~ ~ ` L ~I ~ ~ I ~ ~ I ~ ~ . ~ { 1' ~ I i I .1CAm~., ~ ' ~ ya°'~~~ ~ ~ ~ ~ ~ ~ ~ ' .~n~; ~riui~~Fl~~r~~y~7~~ ~r~r~~fr~l;r~~~f~r,~_~~~I~f yS I1 f~ r ry CY ~m ~ F ~4 ~ ~ ~ SS 9 ¢ x ~t ~ ~ ^~t ~ `,ply d I any up gyp ~y8 ~ ~ n i ~~.s ~r~nw~,~:;~F ,ahYd~ ~iw~~"„j~ ~NYG4~4~ J~till~fl5i~~ I`~QJ~r~~~I14~Q~ P mam i gr ~~~dfi ~ ~ p i i ~ ~ ~ ~ 8 ~ ~I ~ ~ ~ ~ a ~ ~ ~ a m.. Yt ~5'lafil}SEP~ awe . ~ ~ ~ ~ ~ ~ ~u' i ~ a ~ , ' rn ..m ~ ~ m' rR0. ~ . ~ m , r. R M d~ " 1 ~!C v S 1 n J _ 't P . . I _9 SERVICE ANALYSIS A05-0002 Fire 1. Fire and Emergency Medical Services can be provided to the area from station(s) # 4 & 5, located at 2210 E. Sherman Dr. and 2250 W. Windsor St. 2. Estimated response time. 10 minutes 3. Appropriate response time in the City. 5 minutes 4. Is a new fire station approved in the CIP that could serve this area? NO If yes, what is the CIP program year? N/A 5. Will a new fire station be requested in upcoming CIP proposals to serve this area? NO . If yes, when should this station be operational? N/A 6. Total estimated funding for equipment, employees and/or facilities needed to serve this area strictly based on annexation and proposed development. N/A 7. Please comment on the cumulative impact of annexation and development. At what population level would another fire station facility be required? N/A Is there an accepted facility/equipment to population ratio that can be used for planning purposes? N/A Is there an accepted fire fighter to population ratio that can be used for planning purposes? N/A Additional Comments: Dean A. Bray 09/15/2005 Person to contact if there are questions Date S:\CC Backup\2005 CC Backup\1 0-05\1 0-1 1-05\2 - Compiled-Service Analysis.doc SERVICE ANALYSIS A05-0002 Parks and Recreation 1. What neighborhood park and recreational facilities are currently serving this area or are capable of serving this area if annexed and/or developed (federal, state, or local)? None are within the proposed annexation. The closest Denton Parks properties to the proposed annexation area are, Water Works Park and Natatorium Pool complex .5 miles to the south, and the Greenbelt Trail and Clear Creek Nature Center approximately 2 mile to the east. The Lake Ray Roberts State Park areas are to the north and east approximately 1 to 5 miles. Current residents will be able to use existing City of Denton parks, facilities and programs. 2. What projects and/or equipment will be needed to adequately serve this area if annexed and/or development based on the parks and recreation master plan or similar standards? The 2000 Denton Park and Recreation Master Plan does not extend to the general area of the proposed annexation. Existing open space land at Clear Creek Nature Center and the Greenbelt trail along with facilities of Lake Ray Roberts will provide regional park needs. As neighborhood subdivision development occurs neighborhood parks and community parks with athletic facilities will be necessary. Neighborhood Parks: 2.5 acres per 1,000 population (to be dedicated at time of development) 5 acres minimum size. (by developer) cost per acre Community Parks: 3.0 acres per 1,000 population 30 acres minimum 3. How much additional funding will be needed for maintenance if additional park facilities are developed to serve this area? None required for Parks at this time. However addition mowing for street right of ways will be needed. Annual Cost for street right of way mowing is estimated at $1,432.00 for the 11.63 miles or 34.94 acres of new right of way mowing areas to come into the city. Service Standard: Based on $41.00 per acre per mowing cycle. 4. How many additional personnel would be needed to properly serve this area if annexed and developed? No additional personnel for Parks maintenance required at this time. However additional resources will be required for road right of way mowing along FM428, S:\CC Backup\2005 CC Backup\1 0-05\1 0-1 1-05\2 - Compiled-Service Analysis.doc SERVICE ANALYSIS A05-0002 FM2153, FM2718, Woodland Hill, Hartlee Field, Elm bottom Circle, Warschun Road, Shepard and Burger Roads. Additional Comments: Denton Parks and Recreation Department will attempt to coordinate placement of park facilities proposed for development by the developer or use funds from the Park Land Dedication requirements to purchase or expand existing parks within the service area of this development. Bob Tickner, Superintendent of Park Planning and Development 9-15-05 Person to contact if there are questions Date S:\CC Backup\2005 CC Backup\1 0-05\1 0-1 1-05\2 - Compiled-Service Analysis.doc SERVICE ANALYSIS A05-0002 Police 1. Estimated average response time for this area based on current department conditions: Priority 21 minutes Non-priority 42 minutes Average 34.5 minutes 2. Appropriate average response time in the city based on current department conditions: Priority 11 minutes Non-priority 27 minutes Average 19 minutes 3. If annexed and developed as proposed will additional personnel be needed as a specific result of this proposal? Yes If yes, how many? 5 What type? Patrol Officers. Five patrol officers would provide one officer per shift around the clock and dedicated to this area. 4. Will additional equipment and funding be needed to serve this area? Yes If yes, what type? Five additional patrol cars fully equipped. 5. Will a police substation or other facility be needed to serve this area as a result of annexation and development? No If yes, when should the new facilities be operational? 6. Please comment on the cumulative impact of annexation and development. Last year (2004), the Denton County Sheriff's Office responded to approximately 200 calls in the proposed area. The Denton Police Department expects to respond to a similar number of calls after annexation, at least in the short term. Uncommitted patrol time would be dedicated to proactive community policing activities. For failure to specifically dedicate officers to this area would mean a dilution of existing resources committed to other areas of the city and an proportionate increase in response times in those areas. At what population level would another police facility be required? Projected additions to the current police facility will accommodate any population increases resulting from this annexation project. Future annexations of this size may be an issue. Is there an accepted facility/equipment to population ratio that can be used for planning purposes? No. S:\CC Backup\2005 CC Backup\1 0-05\1 0-1 1-05\2 - Compiled-Service Analysis.doc SERVICE ANALYSIS A05-0002 Is there an accepted officer to population ratio that can be used for planning purposes? Currently, 1.79 officers per 1000 citizens. Geographical considerations and estimated response times to calls for service without additional officers override ratio considerations as it relates to this annexation. Additional Comments: An important consideration is that an annexation of this size and type will clearly require additional resources if we're to maintain service delivery at the current level for the remainder of the community. For failure to add resources sufficient to provide service delivery at a level already deemed insufficient would be to exacerbate existing staffing concerns. Animal Services: One staff person and one vehicle will be needed to cover the area. Code Enforcement: One staff person and one vehicle will be needed to cover the area. Charles Wiley, Chief of Police 9/12/2005 Person to contact if there are questions Date S:\CC Backup\2005 CC Backup\1 0-05\1 0-1 1-05\2 - Compiled-Service Analysis.doc SERVICE ANALYSIS A05-0002 Library 1. Estimated additional funding needed strictly based on proposed annexation and development. $150,000 in additional funding is needed based on the proposed annexation. 2. Please comment on the cumulative impact of annexation and development. The proposed annexation will have no direct impact on library services in the City of Denton. 3. At what population level would another library facility be required? 125,000 4. Is there an accepted circulation to population ratio that can be used for planning purposes? Yes. 7.4 per capita 5. Is there an accepted employee to population ratio that can be used for planning purposes? Yes. One professional degreed librarian with Master of Library Science per 1,000 of population or.11 and one full-time equivalent staff per 1,000 population or.462. 6. At what population level would another library facility be required? 125,000 7. Is there an accepted circulation to population ratio that can be used for planning purposes? Yes. The same per capita as listed in #4 above. 8. Is there an accepted employee to population ratio that can be used for planning purposes? Yes. The same per capita as listed in #5 above. 9. If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? No. The number of staff will need to be increased. S:\CC Backup\2005 CC Backup\1 0-05\1 0-1 1-05\2 - Compiled-Service Analysis.doc SERVICE ANALYSIS A05-0002 10. If not, how many additional employees and what type of facilities and materials will be needed to provide services? 3 additional employees (librarians) will be needed to meet anticipated customer demand at our North Branch facility. Additional Comments No additional comments. Eva Poole, Director of Libraries September 7, 2005 Person to contact if there are questions Date S:\CC Backup\2005 CC Backup\1 0-05\1 0-1 1-05\2 - Compiled-Service Analysis.doc SERVICE ANALYSIS A05-0002 Solid Waste 1. Is residential solid waste service available to the proposed area for annexation? Yes 2. Is commercial solid waste service available to the proposed area for annexation? Yes 3. What is the estimated cost to provide this area with solid waste service? FY 2006 service rates will apply. 4. What is the typical revenue collected per: Residential Household: $17.25 / month - Large Refuse Cart $16.50 / month - Medium Refuse Cart $3.50 / month - Residential Curbside Recycling Cart Commercial Service: Various container sizes are available. Rates vary by container size. Contact Customer Service at 940-349-8787 to discuss. 5. Will additional equipment be needed to serve this area if annexed or developed? No 6. Will additional employees be needed to serve this area if annexed or developed? No 7. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? Unknown. Servicing this area will be added in with our existing service requirements for the City of Denton. As this area and Denton's other service areas continue to grow additional equipment and additional staff will eventually be required. Is there an accepted equipment to population ratio that can be used for planning purposes? No. Is there an accepted employee to population ratio that can be used for planning purposes? No Additional Comments: Scott Lebsack 940-349-8069 Sept. 15, 2006 Person to contact if there are questions Date S:\CC Backup\2005 CC Backup\1 0-05\1 0-1 1-05\2 - Compiled-Service Analysis.doc SERVICE ANALYSIS A05-0002 Electric Utilities 1. What is the distance to, location of, and size of the nearest City of Denton electric line? Not applicable 2. What type of lines and facilities would be required to serve this area? Not applicable 3. Are any new lines or facilities proposed for construction to serve this area? Not applicable 4. Are there any potential responsibilities if this area is annexed? Not applicable 5. Please comment on the cumulative impact of annexation and development. Not applicable At what population level would additional equipment be required? Not applicable Is there an accepted equipment to population ratio that can be used for planning purposes? Not applicable Is there an accepted employee to population ratio that can be used for planning purposes? Not applicable Additional Comments: Denton Municipal Electric is not certified by the State to provide electric utility service to the annexation area beyond Elm Bottom Circle should a request be made by a property owner. Don McLaughlin August 16, 2005 Person to contact if there are questions Date S:\CC Backup\2005 CC Backup\1 0-05\1 0-1 1-05\2 - Compiled-Service Analysis.doc SERVICE ANALYSIS A05-0002 Water/Wastewater 1. What is the nearest City of Denton water line? Size of water line. 54 inch Location of water line. FM 428 & FM 2153 Distance from proposed annexation. Within 2. What is the nearest City of Denton sewer line? Size of sewer line. 12 inch Location of sewer line. 650 feet south of Loop 288 on Sherman Distance from proposed annexation. 2,500 feet 3. According to the City of Denton master plan what type of lines and facilities would be required for this area and when are those lines and facilities proposed for construction. Size Year Location Water lines 54 2003 FM 428 and FM 2153 = Sewer lines Construction of proposed Clear Creek Water Reclamation Plant and a interceptor sewer line sized to serve the draining area based on zoning and land use established in the proposed annexation requirements. Timeline is dependent on development activity in the Clear Creek watershed 4. Are there any City of Denton lines included in the proposed annexation? 54 inch transmission pipeline along FM 428 and FM 2153 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? 18,750 Is there an accepted equipment to population ratio that can be used for planning purposes? One crew per 18,750 population. Is there an accepted employee to population ratio that can be used for planning purposes? One employee per 5,770 population. Additional Comments: A. Water/Wastewater Facilities Currently, the area to be annexed is provided water service by Bolivar Water Supply Corporation, Greens Springs Water Supply Corporation or private water wells. Wastewater service is provided by individual private onsite wastewater systems (septic tanks and aerobic spray irrigation systems). A major City of Denton waterline exists within the annexation area. Water service is available from this transmission pipeline at designated connection points that were designed into the pipeline. S:\CC Backup\2005 CC Backup\1 0-05\1 0-1 1-05\2 - Compiled-Service Analysis.doc SERVICE ANALYSIS A05-0002 The proposed Clear Creek Water Reclamation Plant has been permitted by TCEQ to provide wastewater service in the Clear Creek/Milam Creek/Culp Branch watersheds. The current zoning for the majority of the proposed annexation area is agriculture. The sewer line size required to serve the proposed annexation area will be determined based on the zoning and land use per the annexation requirements. The City shall provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Tim Fisher, Assistant Director of Water Utilities Sept. 7, 2005 P. S. Arora, Assistant Director Wastewater Sept. 7, 2005 Person to contact if there are questions Date S:\CC Backup\2005 CC Backup\1 0-05\1 0-1 1-05\2 - Compiled-Service Analysis.doc SERVICE ANALYSIS A05-0002 Engineering and Transportation 1. What existing roads, bridges and other transportation facilities will be impacted by this proposed annexation and development in terms of needed improvements or upgrades? Name and location Type of Improvement Approximate Cost See comments below Upgrade of traffic signs $5,000.00 2. Are any of these improvements presently scheduled to be done at state or federal expense? NO . If yes, please identify facility and anticipated date improvements will begin. 3. Please list any drainage improvements that may require local funding, and include estimated cost (if no specific improvements can be determined, please make general comments concerning drainage). For any new development, existing drainage facilities must be improved, or new drainage facilities constructed to comply with the City's drainage standards in the Development Code Subchapter 19. All costs for drainage facilities for new development, including dedication of right-of-ways and drainage easements, and acquisition of drainage easements are the responsibility of the developer. A significant portion of the area is contained within special flood hazard areas designated (floodplain areas) by FEMA on the Flood Insurance Rate Maps. The City participates in the National Flood Insurance Program, and developments will be required to comply with the requirements of the National Flood Insurance Program and the City's Flood Prevention and Protection Ordinance. Special flood hazard areas cannot be developed and will be designated as Environmentally Sensitive Areas. 4. Will additional equipment and facilities be needed as a specific result of this annexation and development? YES . If yes, what type of equipment or facility? When development happens, an increase in signs and markings will be realized, thus more maintenance time and supplies will be required. 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? See response under Additional Comments section. Is there an accepted equipment to population ratio that can be used for planning purposes? See response under Additional Comments section. Is there an accepted employee to population ratio that can be used for planning purposes? See response under Additional Comments section. S:\CC Backup\2005 CC Backup\1 0-05\1 0-1 1-05\2 - Compiled-Service Analysis.doc SERVICE ANALYSIS A05-0002 Additional Comments: There is an insufficient existing and proposed roadway system in this area to service the proposed development. A comprehensive roadway study (location, type, etc) will be required as a part of the Traffic Impact Analysis (TIA) and a change to the mobility plan: roadway component, pedestrian & bicycle component and rail & trucking component may be required as a result of the TIA's findings. FM 2153 and FM 428 are unfunded TxDOT roadways in this area. Hartlee Field Rd is an unfunded City roadway. The TIA will be required to show ultimate and interim improvements to these roadways, as well as phasing, as a result of development in the area. Edward Witkowski, P.E. 9/16/2005 Senior Engineer, Drainage and Floodplain Administrator Person to contact if there are questions Date S:\CC Backup\2005 CC Backup\1 0-05\1 0-1 1-05\2 - Compiled-Service Analysis.doc SERVICE ANALYSIS A05-0002 Denton Independent School District 1. Education services are currently provided by: Denton and Sanger Independent School districts 2. If annexed, can anticipated service demands be met using existing materials, facilities and personnel? No responses have been provided. 3. If not, how many additional employees and what type of facilities and materials will be needed to provide services? No responses have been provided. 4. Estimate additional funding needed strictly based on proposed annexation and development. No responses have been provided. 5. Will projected school taxes from this development provide that additional funding? No responses have been provided. 6. Please comment on the cumulative impact of annexation and development. No responses have been provided. 7. At what population level would other school facilities be required for the City of Denton? No responses have been provided. 8. Is there an acceptable employee to population ratio that can be used for planning purposes? No responses have been provided. Additional Comments: Person to contact if there are questions Date S:\CC Backup\2005 CC Backup\1 0-05\1 0-1 1-05\2 - Compiled-Service Analysis.doc Lake Ray Roberts Legend ATTACHMENT 2 u,- CNTY ---4z 15 COD 3 121.3 _ m Notification Limits / 49 r--1500 20 p.2 C2751 RD Proposed Annexation - - s2 33 a C7 r 10 J J 13 r~ I 0 - Z 32 L - 43 28 J Z mI 29 I J { fII - O w Z ~fl ~ J SHLF RD RD _ ❑ 1 > 57 w 4 r 1 28 1 ~ - - w Z 57 Y D 11-10 AS A ~ 58 - 4 C w m po . 40 I m C7 `n ILa-€0. _ J C ~ s 17 ~ 17 WA . CHUN RD 55 44 1 59 45 50 47 30 5 ~ 2238 _ 36 ❑ 1 18 ~P 60 I h_D } i J S D R n 54 R 37 45 41 1 11 1 I 19 s 23 ! 6 1 46 - - 53 I 19 25 15 I 7 8 j ry I 56 N y, LONG RD GENERAL DESCRIPTION. SUBJECT TO CHANGE AFTER AMORE SPECIFIC DESCRIPTION IS PREPARED NORTH DCGI~ ITOI~ I ANNEXATION SHERMAN DRIVE - RAYROBERTS TREATMENT- CLEAR CREEK RECLAMATION & CRAVER RANCH DEN TON 6 1256 2,566 Feet Planning and Development Department - City of Denton 221 N Elm St. Denton, Texas 76201, (940) 349-8350 09121/1-005 13:10 194Q38`?9995 ROBERT S JENKINS ATTACHMENT 3 NOTICE OF PUBLIC HEARING A05-0002 (North Denton Annexation) The City Council of the City of Renton will hold the first of two public hearings on "r ijesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city " Me City of Denton, Texas. The property to be annexed is generally located in the northeastern area `r- e of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclose(- woo, information is the annexation and zone change request schedule, which notes all the reyuirec' - -,et11ngs The Planning and Zoning Commission will hold separate public hearings, on the same jr Wednesday, October 1Z 2005, to consider making a r minnendation to City Coanc f arof'ing the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall IOCat o ' C McKinney Street, Denton, Texas. Because you own property within the proposed annexation a•e~. Ile L-i4' Council would like to hear how you feel about this annexationLr uest and invites you to atte. i? ' ` - fvo hearings Public hearings are designed to provide opportunities for citizen involvement and t order for your opinion to be taken into account, please return the enclosed form with your core-, r„). to the date of the public hearing. (This in no way prohlb& you from attending and partrcxnv. ' e public hearing.) You may fax it to the number located at the bottom, mail it to the address b0c- omit it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Deborah Viera, AICP, Case Manager Please circle one: In favor of request Neutral to request Opposed to requ,-s(~ Comments: _ o T u__ /v r rl t~l F`f t ~ht4 ~`i t~E Q ~ 'Lit: L4 .l c: ~►J c~ ty' 7 6 c'T UPS .4 T c ~ 3 - - Signature: - y Printed Name: Mailing Address: 1°1o..,~ % - - -1k (a al-I City, State Zip; Telephone Number: X140- -?iR3.- s4 atl Physicai Address of Property within 200 feet: 4 01 CITY OF DENTON, TEXAS C1-rY HALL WEST • DENTON, TEXAS 76201 940349.6541 NOTICE OF PUBLIC HEARING A05-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Encloses" for your information is the annexation and zone change request schedule, which notes all the required meetings. The Planning and Zoning Commission will hold separate public hearings, on the same pr loe1q or, Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property, The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall located at x'_15 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation, af~i! the i_atV Council would like to hear how you feel about this annexation request and invites you to attend ,",e hearings. Public hearings are designed to provide opportunities for citizen involvement and come t r In order for your opinion to be taken into, account, please return the enclosed form with your commF_ nt~v p..OY to the date of the public hearing. (This in no way prohibits you from attending and participat X7 in the public hearing.) You may fax it to the number located at the bottom, mail it to the address below, or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Deborah Viera, AICP, Case Manager Please circle one: In favor of request Neutral to request Opposed to request Comments Signatures - t-~ Printed~'Name: _ - ` r Mailing Address: J City, State Zip: Telephone Number: Physical Address of Property within 200 feet: _ CITY OF DENTON, TEXAS CITY HALL WEST DENTON, TEXAS 76201 940.349.8541 (F) 94(1 34 .7-',;~' Attn: Deborah Viera City of Denton From: Jane B. Ray 10744 FM 428 Aubrey, Texas 76227 Opposed to request: I chose to build my home in its present location because I did not want to be in the City of Denton. My wishes have not changed and I am violently opposed to this annexation. The City of Denton cannot and will not furnish me services. This property has been in my family for over 50 years and we have done very well without the city and object to being sucked in to assist in the Craver Ranch Development. If this development is so important to the city why aren't the present developments being included in the annexation? r - Jane Bay` - NOTICE OF PUBLIC HEARING A05-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city lira t rte l City of Denton, Texas. The property to be annexed is generally located in the northeastern area e.llt~- Qt%!t of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed tra! yoU, information is the annexation and zone change request schedule, which notes all the required me," r'aS, The Planning and Zoning Commission wi// hold separate public hearings, on the same araoe,r j.. o Wednesday, October 12, 2005, to consider making a recommendation to City Council rega rding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall located at McKinney Street, Denton, Texas. Because you own property within the proposed annexation area Council would like to hear how you feel about this annexation request and invites you to attend thf zoubii ` hearings Public hearings are designed to provide opportunities for citizen involvement and comment:. In -r4nr fn. -i w nnininn tc be taken into account, please return the enclnced form with ynur commprlt~; nrior to the date of the public hearing. ( This in no way prohibits you from attending and participatif7.,, i ftt" public hearing.) You may fax it to the number located at the bottom, mail it to the address belov~,~c 1~ ot~, it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Deborah Viera, AICP, Case Manager Please circle one: In favor of request Neutral to request Opposed to request Comments: r I t f G..> ~ L i` ~ r. ~~t• ~ ~ ° rL, ~ Gr,-~ . ~ 1. ~'~i ~ ' f .d tl J ,F- z- r /t/, fd~,. ,,i ~nf/__,~-~'vf (:`tt l~--L' L~/ '1_-✓~/~ ~ff%fG'Z ~ ~fl': it !-f-~, - - , - t, tr i f L / x= r i !ff-(„'.2 (f _•'r.~ t j Signature. ( - Printed Name: Mailing Address: -')//V_1 City, State Zip: Telephone Number: Physical Address of Property within 200 feet: - sEP :2t' C< L) CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 7 940:349,85.4_ •I(~~fl4g!' L' NOTICE OF PUBLIC HEARING A05-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city;, limits of the City of Denton, Texas. The properly to be annexed is generally located in the northeastern area, ~f 'he; City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed -or vour information is the annexation and zone change request schedule, which notes all the require meetings. The Planning and Zoning Commission will hold separate public hearings, on the sar? ~ ;~overl: on Wednesday, October 12, 2405, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall locate c. at 2:15 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexatior, she City Council would like to hear how you feel about this annexation request and invites you to atte r~, r~ aut0c hearings. Public hearings are designed to provide opportunities for citizen involvement and comment, In prior order for your opinion to be taken into account, please return the enclosed farm with voi,r r«r? rrier f', to the date of the public hearing. (This in no way prohibits you from attending and partrcior?tn ,r the public hearing.) You may fax it to the number located at the bottom, mail it to the address beid3-w, o_ drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Deborah Viera, AICP, Case Manager Please circle one, In favor of request Neutral to request Opposed to reques Comments: , - f < 471- lip_ tj _0 Signature: ~ Printed Name:... _T__~ 3_ ll Mailing Address:?' City, State Zip: t _ I)z j, -t 2 _ Telephone Numl$er: Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST DENTON, TEXAS 76201 940.349.8541 ( t NOTICE OF PUBLIC HEARING A05-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city iirnit< of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area or the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings. The Planning and Zoning commission to consider making a recommendation to City Council regarding Wednesday, October 12, 2005, the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation area the City Council would like to hear how you feel about this annexation request and invites you to attend the public hearings. Public hearings are designed to provide opportunities for citizen involvement and comment., In order for your opinion to be taken into account, please return the enclosed form with your cornme-Its prior to the date of the public hearing. (This in no way prohibits you from attending and particigatiig in the public hearing.) You may fax it to the number located at the bottom, mail it to the address bet ow or dro r"I it off in-person: I C L Planning and Development Department D 221 N. Elm ST Denton, Texas 76201 S E P` Attn: Deborah Viera, AICP, Case Manage dii\iG Ili `v"ct_OPMENT Please circle one: - In favor of request Neutral to request Opposed to request Com ents: Vr 1 acid v e;i Z. ~ coS q-Ve, per Signagre: Printed Name: Mailing Address: City, State Zip: Telephone Number: Physical Address of Property within 200 feet:. ~N e- t? f ~Yl i15 ~LAA - CuX Q-A) '1^ emu q 40, IF -0 d C' Nn eY-,~nct, e- Urt CITY OF DENTON, TEXAS CITY HALL WEST DENTON, TEXAS 76201 940.349.8541 (F) i AMA-b NOTICE OF PUBLIC HEARING A05-0002 North Denton Annexation public The Planning and Zoning Commission of the City of Denton will hold a Texas to a ingid n Wednesday, October 12, 2005, at 6:30pm at 215 E. M Y Denton s making a recommendation to City Council regarding the annexation and zoninge approxi tot ly 5,800 acres into the corporate city limits of the City of Den rial Hexed is generally located in the northeastern area of the City of your De t n's Extianer i o as shown shaded in the enclosed map. Enclosed Jurisdiction the annexation request schedule, which notes all the required meetings. Council would like to hear Because you own properly within the proposed annexation area the City how you feel about this annexation re uest and invites you to attend tnd omlmentari9~rderlflor hearings are designed to provide opportunities for citizen involvement your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public hearing. (T.his !/7no.w3y prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom, mail it to the address Planning and Development Department D C HE 221 N. Elm ST Denton, Texas 76201 OCT 1 2 Zuun Attn: Deborah Viera, AICP, Case Manager Please circle one: PLANNING & DEVELOP ENT neutral to request Opposed to request ? Comments Ile Aef Signature: Printed Name:"` Mailing Address: City, State Zip:' K "t U i Telephone Number: 3r. LPhsical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940.349.8541 • (F) 940.349.7707 NOTICE OF PUBLIC HEARING A05-0002 (North Denton Annexation) The boundaries of the ro osed annexation have been revised. Please see the attached ma Rs for details. The City Council of the City of Denton will hold the second of two public hearings on Tuesday, October 11, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings. The Planning and Zoning Commission will hold separate public hearings, on the same property, on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. 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 the proposed annexation area the City Council would Ake-zo heat-how-you Ieel-about this a"ni76%atiBr7 I uesi and-Invites you---to-atter d the p« E hearings. Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be taken into account, please return the enclosed 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, mail it to the address below, or drop it off in-person: F~C:~ I E Planning and Development Department 221 N. Elm ST Denton, Texas 76201 OCT 1 0 'Luua L Attn: Deborah Viera, AICP, Case Manager Please circle one: & DEVELOPMRIT f request Neutral to request O uest Comments: r k6k TT L-k Y4, keqw0e, propel-~ A1347 vie&n 7'e drys 0 InPxa M--x Signature: Printed Name: part Mailing Address: 6 ?'7 (of- -ix L)cA-t CO Ito City, State Zip: hbkLm l . 1 X. ~Ioaa Telephone Number: Tod g - Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST DENTON, TEXAS 76201 940.349.8541 (F) 940.349.7707 My name is Nicole Looper. I reside at 9 Woodhaven Aubrey, TX. And I oppose this annexation. To identify myself a bit more clearly, I am the daughter of Merwyn Lynch and the grand-daughter of Ray Lynch. Like all of you I have my roots. My roots began where I grew up. Lynch Farms. All through my childhood I watched my Daddy work two full time jobs. Right after my high school graduation he quit his job at peterbilt of 2I years to pursue--his--passion to. farmfill time. He has worked very hard for his dream. And it makes me sick to my stomach that you people are wanting to do this to our whole family. As my Dad stated last week he is a fourth generation fap,.ftier. Myself and my brother are the fifth. And I now he a daughter myself, the sixth generation. I see this annexation as nothing more than a way for you all to use my family and surrounding neighbors for more tax revenue for yourselves. However, this is my family's love, passion, income, and way of life. Another point I want to bring to you attention. What exactly is our nation going to do when there are not any working farms left to produce our daily necessities? R D !!!PwF ID . OCT PLANNING & DEVELOPMENT PLANNING & DEVELOPMENT NOTICE OF PUBLIC HEARING A05-0002 Noah Denton Annexation The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 12, 2005, at 6:30pm at 215 E. McKinney, Denton Texas to consider making a recommendation to City Council regarding the annexation and zoning of approximately 5,800 acres into the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation request schedule, which notes all the required meetings. Because you own property within the proposed annexation area the City Council would like to hear how you feel about this annexation Le guest and iijies you to attend the public hearings. Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be taken into account, please return the enclosed form with your comments prior e thLdate of the public hearing. ( This in no way prohibits you from attending and participating in i fax it to the number located at the bottom, mail it to the address r s Planning and Development Department OCT 1.0 2005 221 N. Elm ST Denton, Texas 76201 Attn: Deborah Viera, AICP, Case Manager PLANNING & DEVELOPMENT Please circle one, In favor of request Neutral to request osed to request Comments ck- r, `°n -r L& - ri, T ewe P 1, Th- ` l oLI) rt End pt C, oa&- 0CL Y Ill 1 f s-ff `~1 tr Q ~~W~.~17 hill ~DY1~ r1liSS~an [v f~cl~ ( ►'11 And ~~si~~, 3ro 3`7~ ~ro~`~F<<5 Prbp~ nn~p~crx-~iav` s Signature: ~Z, Li" Printed Name: Mailing Address: City, State Zip: ' 610 u -FX Telephone Number: ~R3 w 13 # Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940.349.8541 (F) 940.349.7707 My name is Nicole Looper. I reside at 9 Woodhaven Aubrey, TX. And I oppose this annexation. To identify myself a bit more clearly, I am the daughter of Merwyn Lynch and the grand-daughter of Ray Lynch. Like all of you I have my roots. My roots began where I grew up. Lynch Farms. All through my childhood I watched my Daddy work two full time jobs. Right after my high school graduation he quit his job at Peterbilt of 2? years-to pursue his passion-to farm full time. He has worked very hard for his dream. And it makes me sick to my stomach that you people are wanting to do this to our whole family. As my Dad stated last week he is a fourth generation farmer. Myself and my brother are the fifth. And I now have a daughter myself, the sixth generation. I see this annexation as nothing more than a way for you all to use my family and surrounding neighbors for more tax revenue for yourselves. However, this is my family's love, passion, income, and way of life. Another point I want to bring to you attention. What exactly is our nation going to do when there are not any working farms left to produce our daily necessities? t' PLANNING 6 OEVELOPMENT NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The boundaries of the proposed annexation have been remised. Please see the attached maps for details. The City Council of the City of Denton will hold the second of two public hearings on Tuesday, October 11, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings. The Planning and Zoning Commission will hold separate public hearings, on the same property, on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hail located at 215 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation area the City Council would like to hear how you feel about this annexation request and invites you to attend the public hearings. Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be taken into account, please return the enclosed 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, mail it to the address below, or drop D fanning and Development Department 221 N. Elm ST OCT 0 Zu0 Denton, Texas 76201. D- Attn: Deborah Viera, AICP, Case Manager PLANNING ,Q• OEVEI.OPMENT Please circle one: In favor of request Neutral to request Opposed to request Comments: r Signature: Printed Name: Mailing Address: City, State Zip: re 1'4Z,77 Telephone Number. ~1, 3 y Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940.349.8541 (F) 940.349.7707 NOTICE OF PUBLIC FEARING A05-0002 North Denton Annexation public The Planning and Zoning Commission of the City of Denton will Denton hold a Texas to congid on Wednesday, October 12, 2005, at 6:30pm at 215• McKinney., roximatel ng of app making a recommendation to City Council regarding the~nDe toroin Texas~nlThe property to be rial 5,800 acres into the corporate city limits of the City of annexed is generally located in the northeastern area of the City for your information Ex rater i othe Jurisdiction as shown shaded in the enclosed map. Enclosed annexation request schedule, which notes all the required meetings. the Ci Council would like to hear Because you own property within the proposed annexation area ty how you feel about this annexation re uest and invites you to attentdatrhde oubllihearings. a Public ment. order hearings are designed to provide opportunities s refor turn citizen the en bled form with your comments prior your opinion to be taken into account, please T,1is in no 1413Y prohibits you from attending and participating in to the date of the public hearing: the public hearing.) You may fax it to the number located at the bottom, mail it to IMe address below, or drop it off in-person: Planning and Development Department ~ C E ME 221 N. Elm D Denton, Texas 76201 D Attn. Deborah Viera, AICP, Case Manager OCT 0 5 'LlUS Please circle one: Neutral to request opposed to request In favor of tepees PLANNING & DEVELOPMENT Comments..-.-,- Signature: Printed Name: Mailing Address: r' ~g City, State Zip: Telephone Number: °Z 3 `7 Physical Address of Property within 200 feet: CITY OF,DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940.349.8541 (F) 940.349.7707 NOTICE OF PUBLIC HEARING A05-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city limii's o+ the _ City of Denton, Texas. The property to be annexed is generally located in the northeastern area of tn(~ _Dt~' of Denton's Extraterritorial Jurisdiction as shown shaded. in the enclosed map. Enclosed for you- information is the annexation and zone change request schedule, which notes all the required meetings. The Planning and Zoning Commission will hold separate public hearings, on the same prover! on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 P.M. in the City Council Chambers of City Hall located at 215 E: McKinney Street, Denton, Texas. Because you own property within the proposed annexation area ne 04' Council would like to hear how you feel about this annexation request and invites you to attend ti7 e ,Dubuc" hearings Public hearings are designed to provide opportunities for citizen involvement and comment- In order for your opinion to be taken into account, please return the enclosed 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, mail it to the address below, r drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 D Attn: Deborah Viera, ATCP, Case Manager OC 1 A •1 101 Please circle one: P ANI IINIr, & DFVP0@P M-m uest Neutral to request j Opposed to request Commen C 5" u..t_ teal tou..~ CA,~~ ~ Signature: Printed Name: 1 rQ^- F-C~zAsmn, i- C_;y`s-N 4 0,gnA e Mailing Address: -74-f-q 6-LA~ ,R City, State Zip: Telephone Number: a-(4U' `4 S$ --S-741;7 Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.34m541 (F) u4(1.'s NOTICE OF PUBLIC HEARING A05-0002 (North Denton Annexation) The boundaries of the ro osed annexation have been revised. Please see the attached maps for details. The city council of the City of Denton will hold the second of two public hearings on Tuesday, October 11, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings. The Planning and Zoning Commission will hold separate public hearings, on the same property. on Wednesday, October 12, 2005, to consider making a recommendation to City Council ; eparding the proposed annexation and zoning the unzoned property. 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! the apr iposed annexation ar a the et v Council would iike to hear how you feel auou< <,1,,s annexation / I eg , hearings. Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participatiaa in the public hearing.) You may fax it to the number located at the bottom, mail it to the address below, or drop it off in-person: Planning and Development Department D EE , ?r l~ 221 N. Elm ST Denton, Texas 76201 DD Attn: Deborah Viera, AICP, Case Manager OCT o ~ 2oa5 Please circle one: ~'~o,~ ~q fANNNIIONNGG & DE99 R ~~q est Neutral to request Opposed to request Comments:.. /fit E'Q tC g4fo•cJ ~ Gf~QDi►~ l /~ie"~i c4 R.Ce~fi[J')' ~ t 1`Y_ ~•E'~eKs °l/ C1-~~` c.¢;, h 0~.-it !c Signature: Printed Name: 1-•'~ ~ f~ 44- Mailing Address: 7V &1jA _ScAic r)r City, State Zip: Telephone Number: 01 Cfp Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST DENTON, TEXAS 76201 940.349.8541 (F)941, Oct 03 05 11:13p Mark Hannah 9403828111 P- NOTICE OF PUBLIC HEARING A05-0002 (North Denton Annexation) I The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits City of Denton, Texas. The property to be. annexed is generally located in the northeastern area of of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed <<: Information is the annexation and zone change request schedule, which notes all the required me 771e Planning and Zoning Commission will hold separate public hearings, on the same proper' Wednesday, October 12, 2005, to consider making a recommendation to City Council regar dim the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hail located at McKinney Street, Denton, Texas. Because you own property within the proposed annexation area t- Counal would like to hear how you feel about this annexation request and invites you to attend rl hearim75. Public hearings are designed to provide opportunities for citizen involvement and commef order for your opinion 11-0 be taken into account, please return the enclosed form with your commer` to the date of the public hearing. (This in no way prohibits you from attending and participailn _(Ic'arrn You may fax it to the number located at the bottom, mail it to the address below; c d 1rj F jT 1-171 /7 2n: anning and Development Department 3 221 N. Elm ST T Z0~5 Denton, Texas 75201 Deborah Viera, AICP, Case Manager P f P AN1"Vl\,1(k PEVELOPMENT Please circle one: ' In -favor of Neutral to request aOppoLsedtoequest li Comments: 14~711 Al r0,61 e rt A fee- 1 RA r l -7 + i$ 14 ~ Pty Lt. /'1+- ~ p 4-41 ~ ~?4 try'" N goje 4 ~ 0' oe" )Signature, Printed Name: ~Nailinq Address, 51 / 9.0 i City' State 'ip: Telephone Number: 9 Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940 349 8541 (F) 940.349.77!,, Oct 03 05 11:13P Mark Hannah 8403828111 p.2 i ~ NOTICE OF PUBLIC HEARING A05-0002 North Denton Annexation i The Planning and Zoning Commission of the City of Denton will hold a public t Wednesday, October 12, 2005, at 6:30pm at 215 E. McKinney, Denton Texas tc, making a recommendation to City Council regarding the annexation and zoning of appr~ i 5,800 acres into the corporate city limits of the City of Denton, Texas. The proper I annexed is generally located in the northeastern area of the City of Denton's Extra r j Jurisdiction as shown shaded in the enclosed map. Enclosed for your informatic annexation request schedule, which notes all the required meetings. Because you own property within the proposed annexation area the City Council would AA, how JIOU feel about this annexation request and invites you to attend the public hearing: hearings are designed to provide opportunities for citizen involvement and comment. In your opinion to be taken into account, please return the enclosed form with your comme to the date of the public hearing. ( This in no way prohibits you from attending and parr<.ri the public hearing.) You may fax it to the number located at the bottom, mail it to thf7 below, or_dr2p it off in r on: ~ j ' Planning and Development Department 221 N. Elm ST Denton, Texas 75201 D Attn: Deborah Viera, AICP, Case Manager ! T Q 3 ZOU~ Please circle one: ffff9 Neutral to request opposed to request ents Sia ature: _ Printed dame' lvlading Address: City, Slate Zip: elephone Number: 9'yG~ S9/ .I fJ - _ /rac+~ Pt1ys cal Address of Property within 200 feet: ~G ,~1 - CITY OFDENTON, TEXAS CITY HAL.L'WFS7 C)ENTON, TEXAS 79201 940349854- , (E04V 1 C,@5 14: 4 6 19403829995 ROBERT S JENKINS NOTICE OF PUBLIC HEARING A05-0002 North Denton Annexation The Planning and Zoning Commission of the City of Denton will hold a Texas P~Side'' yyednesday, October 3.21 20051 at 6:30pm at 215 E. McKinney, Denton ?iafil° rding and zoninq of )r making a recommendation to City Council regathe City Texas. The or , 1. be 5,800 acres into the corporate city limits o tY ,-,Trial ~ onr-.' the annexed is generally located in the northeastern area of tho Qt foof Denton Jurisdiction as request oschedule, s,which notes all thedrequmap. i required meetings. annexation E3ecause you awn property within the proposed annexation area the City Council wo+ u how you feel about this annexation r>a°uest and invites yinvolvement anted comment, - hearings are designed to provide opportunities for citizen ' for your opinion to be taken into account, please return the enclosed form with your, c to the date of the public hearing. ( This in no gray pry You from attending and i the public hearing.) You may fax it to the number located at the bottom, mail it a as below, or drop it off in-person: = Planning and Development Department 221 N. elm ST DD Denton, Texas 76201 Attn: Deborah Vlera, AICP, case manager Please cinde ones Neutral to request Opposed to requt of request .r.:= 1 r PLANNi J & 0FVFI_0PMW'r Comments Signature: Printed Name: j,` ~ Maliing Address:'=- City, state zip: „ot Teiephone Number: °;°S Q~ ~5 T~F E v Physical Address of Property within 200 feet: I ~ - - CITY OF DENTC)N, TEXAS CITY HALL WEST DENTON, TEXAS 7620, 940349.8541 _ ~yy 1 I f ~h Den~an A~~~xi~~dr~ lann~n and ~+~n~n~ N~~K~nn~~Y{ ~~nt~n fi the ~ ~ 5 ~:3~pm at X1.5 ~ , edn+~~~ ~~ii ~rd~n~ the ~ _ :~~j: ~end~~~ot~ C~ Cou ~ ~ Tex~~. ~ _ ~~~~r~a ~ ream i the City of ~e~t~ ~ ,J o th""' ~~~p~~~~e ~~ty (gym ~ ~ ~f ~ent~n ~ ~~~~a a~~e~ a~~e~~ area ~f the ~ 1 t ~w ;r, "wi.l~`", io~~fied ~~t no~the ~u~ i~~~r~ ~ ti ~~need ~e~er~~~~ d . ~n~losed f~ ~ hided ~n the ~n~l~~e ~ , ~uri~d~~~~o~ ~ha~~ ~ e ~e uir~d ~ ~~~io~ aria ~f ~ ~ p A~ _ ....F. Si pro~O ~i~~ ~ ~t~o~~ ~ xa~j ~ . f~~e1 about ~ ~ , A , ~ver~e~t and ~~~~e ~ ~ n~t~e~ fir c~t~zer~ i ,~1t , ~,-~~s .e,~~ ~ {Y ned ~u p~~v~de o~poctu ~v~~h Y~u~ ~ ~ ~ ~ he~~in~~ ~~e de ~ return the e~c~o~ed *,~Y~~J'~ N ~ ~R~ ~~~ni~n_tQ be . ~ a ~~ibi~s ~or~ frog . ~ ~ ~ o~ ~~i~ pu~l~~ h~a~~~~. ~ t tie b~~om~ m~i~ y, t~~ the d~~e ~ t~ the ~umbe~ i~~t~d ~ ear~r~ ~ ~~U m~~r fay t ~~e ~u~~~~ ~ ~ ~ A ~r~~n. ~ z._ ~ ~ ~~nnirt and ~wetnp~►e~t ~e~a~ ~ ~'exas ~8~1~~r F. , , D~~r'~h Y~e~a, AIC~~ M~n~g~~ ~ ~ ~ ~ T. ~ 4~, f ~'I@75~' C~cCI~ ~ ~RPa~e~ tc~ ~~q~~~~" j ~ ~ ~ ~ ~ ~ I~ ~ ~ ~ ~ ~ est Ne~r~~ tQ r~;que~~ ,..~.~..~...,~n. ~ ..,...,...,Nf1~M CommenC~ - ~ __r r...,..~.....r-. _ _ . I s _.w_~~-__._ ~ 1 A ~~d 1 V~~ A f?• A ~O~e l~~mbe~~ ~ ~ ..,.,,er._ ~ Pry ~ ~~h a r~ f~e~: ~ ~~ys~c~4 A~dres~ a~ P ~ k 5 ~ ~~~A~ ;iTY H~i~.~. ~ DE~ITa~~ T~xa~ ~~~T~~~ r~~4 ~ ~;,~~~f='~+wr,~~~~~ 9~~~°~"'~.?~ JEFF aQE I~o5-~0~ Noah ~~nton Ann~~~~~~n~ of o~~d ann ~ n ha~►~ a ~ ~ri~~d. _ ~ ~ ~ radar m ~ f~~ 'The C~ Conn~~l o~ tMe pity at Denton will hold the ~e~vnd ~f pro p~►~1~ h~ann~~ ~ . ~ - l~ ~ ~~r 1~, ~0~5, to ~on~ider annexang approx~m~tely ~~~o~ acres into to the corporate ~J ~i oaf pentan, Texas. The propel to t~ annexed ~ener~lly 1©cated in the northe~5tern ~r~~ ~=~~t~, ~ ~ o~ Denton~s ~xtraterritoriai ]ur~sdiction a~ sh~v~n shaded ~n the encfQ~ed map. ~n~~~~~y ~~u~. infarrnatiar~ is the annexation and zone ~h~anc~e request sch~eclule, ~vhich notes al# the require n~~tin~~~ ~1a~ ~l.~r~~ir~g a~~ C~~nt~r~ion gill 1~~1d ~e,~~ra~ ,~~u~lic hea~rr~~s, tie t~ .~e~~a,~, CJctof~r ,~C~~S, ~n~ider ~~iCing a r~o~e~~~~f~~ ~ ~ ~c~~c~ ~rG~ p~~~ t~.~~~ ~~~~a~~~f arrr~~e,~atrv~t ,~t~~ zoning tie u~z~vr~e~i per!. Thee public hearing wilt start at ~:3o p,rn, in the council Chambers o~ G~ Hail ~~~at~~ McKinne~r Street, Denton, Texas. Ae~eause yvu ~w~ ,~r~~ert,~ w~~hir~ tie ~r~pvsed ~~~~t~~4 ~ : Co~rrcil c~/d iike ~p hear haw ~~el a~a~t th~~ a i~t~ Est ~n~ ~ h~~~~n~~a Public hearings are de~i~ned to provide vppa~tunit~es for citizen ~~volvemenx and ~J°~~~"" y$~~~ order for your opinion to be taken irate account, please return the enclosed form with your ~y~~~,~~;~~t p~~~~ to the date of the pubfi~ hearing. ~ ~hi~ in ~v~~ ~t~~ihi~s y~~ ~t~n~!l~g ~r~~` ~~~~°~~~5~~~ ~ ~~a ,~~b~ic hearing. you may fax it to the number located at the bottom, nail it tQ the address ~~1~~.~:~=;~, s Y~r it a~ in~person: _a , . ,,1 ~ ~~a~nnin~ end ~~~loptn~~n~ D~p~rtr~~nt - ~ ~ ~~i N. Elm ~ pet~~on, Tea~~s l~~ol ttt~: ~ebora~ 1~iera, AIC~, C~~ M~n~ger Pt+ea~~ ~irc~e one; l ~ u st Neutral to request apposed to reques nr~ent~.. _ . . , , ....M...,., Si nature: ~ w~_w-_ Printed Name; ~ Mail~n Address: ~ ~ ~ ~.__~_~_....._~4.~__.___ pity, State dip. -_..m Te#~ ho~n~ Number: U ~ ~k ~r~.T within Zi~~ feeC• ~ Ph~rs~cal A~dres~ pe~y ~f f V'■■~ l ~tTY HALL ~fE~T ~ ~~~~~!'i. ~G/\~~ ~~L.4~~ ~ ~~~.~~~.4~~~ s t~~!_~,,:``•'~~~_ 1 ,fir, ~y,. NOTICE OF PUBLIC HEARING A05-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings. The Planning and Zoning Commission will hold separate public hearings, on the same property; on Wednesday, october 32, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation arsa the City Council would like to hear how you feel about this annexation request and invites you to attend the public hearings Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be taken into account, please return the enclosed 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, mail it to the address below., or drop it off in-person: Planning and Development Department 221 N Elm ST "7 Denton, Texas 76201 P IV rr= I D L= Attn: Deborah Viera, AICP, Case Manager V2 77a OCT 0 3 ZUU5 Please circle one: _ of re uest Neutral to request opposed to request,) P UW;EVELOPMENT Signature: - - - Printed Name: Mailing Address-, l- M 4,7 City, State Zip: A v aQE'Y Tx 7~, z 7 - Telephone Number: 9_40-_'3,q,2-362? Physical Address of Property within 200 feet: - CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940.349.8541 (F) 94034':-._1-7;'_17 PROTEST NOTIFICATION NORTH DENTON ANNEXATION M / M HARRY DOWN OCTOBER 1, 2005 9325 FM 428 AUBREY, TEXAS 76227 CITY OF DENTON - - - 215 EAST MCIUNNEY D > ! - DENTON, TEXAS DD OCT Q 3 2005 Attn: Deborah Viera, Case Manager Honorable Mayor Euline Brock Members Of The City Council PLANNING & DEVELOPMENT Members Of The Planning And Zoning Board Dear Ms Viera: Please let this letter serve as my written "Notice Of Protest" pertaining to the proposed annexation of the property referenced above, and also shown as Property #18 on THE NORTH DENTON ANNEXATION MAP. My reason is checked on your NOTICE OF PUBLIC HEARING A05-0002. and for the additional following reasons: I. If this proposed annexation is allowed to pass, it won't currently impact one iota of your quality of life, but without any equivocation it will certaitilx impact the quality of our lives, and the lives of all the residents in the depicted area, thru the burden of increased taxes, regulations, and ordinances. The City Of Denton cannot contribute anything that this community does not currently have at its' disposal, such as utilities and a quiet private, and peaceful life style. The regulations and ordinances that may be applicable in an urban area would be totally inappropriate for this suburban Green Valley Community. 2. My wife and I will have been married 55 years in December, We are bath retired, and living off our retirement investments. I am just two months shy Pale 21 of 3 of my 85th birthday, and am no longer able to put in a full days' work to supplement our income. I am a WW II Veteran B-24 pilot who survived 46 missions in the China Burma Campaign in 1945. I feel like I have already paid my dues. Increased taxes will put a big dent in our discretionary spending. 3. Since I am no longer able to put in a full-days' work, I have let a portion of this property return to nature and it has become a wildlife sanctuary for deer, coyotes, raccoons, possums, bobcats, skunks, armadillos, beavers and many species of wild birds and waterfow.l. Everyday we enjoy a different live exhibit of nature at work in our back yard. 4. We purchased this property in 1959 to build our retirement home and to raise our children in a rural setting. We built this home in 1964. 1 believe it was the first brick home built on Hwy 10-Now FM 428- northeast of Clear Creek. It helped establish the trend for nicer homes in the area. In order to continue this trend we subsequently developed High. Meadow Subdivision, a subdivision of 2000+ square foot homes situated on 2.5 to 3 .0 acre tracts approximately 112 mile north of our homestead. This enhanced, and accelerated the trend for more high-end residences in the Green Valley Community. If I remember correctly, it has been less than six months since the City Council was advocating bringing more high-end housing to Denton. This is already happening in our community,. and incidentally without having to burden its' citizens with increased taxes and regulations. 5. We have two Boliver Water Meters, CoServ COOP Power, Verizon Telephone, IESI Trash pickup, and have had excellent and courteous Sheriff Department response to several intrusions, and several inadvertent triggerings of our alarm system over the years, plus their close surveillance of our property when we are out of town. All of these amenities are availably: to the JNC Partners of the proposed Craver Ranch Development without additional City of Denton taxes to the citizens of this community. 6. I haven't a clue concerning what plans JNC Partners envisions, but it the _ Craver Ranch Development is approved there is probably a good chancy: that there will be a sea of identically colored roof-tops on similar shaped houses and apartments with little, or no individuality, such as the houses and apartments one can observe in numerous areas of Denton, and in :Flower Mound east of the intersection of Interstate Highways 35 E and Highwa, 3040 at VISTA RIDGE MALL. If your perception of quality l wing flage '3 of 3 embraces, these types of developments, It would seem to be reasonable for you to examine the issues that constitute QUALITY LIVING, and our quality of life that you--in conjunction with JNC Partners--are proposing to destroy. 7. FM 428 is a two lane county road crowded with heavy traffic during rush. hours, as well as during the day--one cannot safely walk across the road to get the mail and back again-without taking a chance of getting run over. Furthermore, it is the only reasonable direct route between the Craver Ranch Development and Denton, and to the Dallas and Fort Worth accesses to 135 via Loop 288. FM 428 will ultimately need to be widened in order to accommodate the increased traffic. Who is going to pay for this construction cost? I am saddened and surprised that you would even consider this proposed annexation and urge you to do some serious, soul-searching, thinking about what you are proposing to do to our way of life. 8. In the seventies, Denton's Chamber of Commerce Industrial Development slogan was: "A HALF HOUR FROM THE HUB AND A LIFETIME FROM THE HUBBUB." Well, The "HUBBUB" is here now in the form of frustrating traffic jams, and trying to get from one end of the cite, to the other, due in part to incomplete thru ways and what appears to be poor planning to alleviate this problem. Now, all of that having been said, I'm making an educated guess that the real reason for this proposed annexation is to raise taxes to make up for the financial deficit of the WATERWORKS, and its' projected losses. The NATATO.RIt'M and the C.H. COLLINS ATHLETIC COMPLEX are quality pieces of planning and development and a real credit to the community. The WATERWORKS leaves a lot to be desired for such a prominent facility on two of the MAJOR. thoroughfares into and around Denton. Sincerely, Z;Lwn CC. Honorable Mayor Euline Brock Members Of The City Council Members Of The Planning And Zoning Board NOTICE OF PUBLIC HEARING AOS-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city lirrits of the City of Denton, Texas. The property to<be annexed is generally located in the northeastern area of tree City of Denton`s Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for vour information is the annexation and zone change request schedule, which notes all the required meetings. The Planning and Zoning Commission will hold separate public hearings, on the same properly, on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall located at -215 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation area the Cite Council would like to hear how you feel about this annexation request and invites you to attend tho public hearings Public hearings are designed to provide opportunities for citizen involvement and comment, In order for your opinion to be taken into account, please return the enclosed 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, mail it to the address below,, or drop it off in- e~rson: Planning and Development Department D D 221-N. Elm ST Denton, Texas 76201 0 C T 0 3 2 J05 D Attn: Deborah Viera, AICP, Case Manager ANNING & DEVELOPMENT Please circle one: - est Neutral to request Opposed to 'request_-) Comments: / 10 f% zd~ 4 . au e t~,r • ~O f Signature: -Z7 Printed Name: EM,vl Mailing Address: -'~i6 R~ Q y ad'i City, State Zip: Telephone Number: Physical Address of Property within 200 feet: ,55 CITY OF DENTON, TEXAS CITY HALL WEST DENTON, TEXAS 76201 940.349.8541 (F) q41 `J" PUBLIC HEARING NoTIcE of A05.0002 `North Denton Annexation will hold a public nearing on Planning sand Zoning Commission of the City of Denton Denton Texas t,-) consider The 2005; at 630pm at 215 E. McKinney, of approximately Wednesday, October 121 Council regarding the annexation and zoning to be making a recommendation to City limits of the City of Denton, Texas. Theproperty 5,800 acres into the corporate city of Denton's Extraterritorial annexed is generally located in the northeastern 'area Eof the nclosed for your information is the Jurisdiction as shown shaded which notes all the requ ed meetings. /ike to hear Within the proposed annexation area the City Council wool annexation request schedule, w attend the public hearings. Public d invites you o a Because you own propel' an and commen iv ou feel about this annexation request ae ~~m ohoY -prior hearings are designed toprovide opportunties for citizen involvement lease return the enclosed form with your and par~-icjpating in your opinion to be taken into account, p from attending to the address hearing. (Thies in no way prohtbits you at the to the date of the public fax it to the number located L J i the public hearing.) You may , below, or drop it off in-.person: Planning and Development Departme 221-N. Elm ST OCT 0 3 2bo Denton, Texas 76201 f' Attn: Deborah'Viera, AICP, Case Man ger PLANNING & DEVELOPMENT Please circle one, opposed to request Neutral to reques in favor of request comments t . ~a0 Signature:. Printed Name: Mailing Address: - city, State Zip: Telephone Number: Physical Address of Property within Zoo feet: CITY HALL WEST • DENTON, TEXAS 76201 940.349.85 CITY OF DENTON, TEXAS ~0, nton Annexation . North De ) Please see he r~o used annexat~an have been revNSe The bvundar~es of ~ d ma s~for deta~Is~ the attache the second of two uhlic hearings vn Tuesday, The City Council of the City of Denton will ~hafd P to consider annexin a rox~ma~ely S,gDD acres into tv the corporate c~ limits of the October 1i ~DD5, g PI'a s, The roe to be annexed is generally located in the northeastern area cif the City City of Denton, Texa p , p ~y 'torial ]ur~sdiction as shown shaded in the enclosed map. Enclosed for your of Denton s Extratern exation and zone chin a request schedule, which notes all the requiree meetings ~nfarmation is the ann 9 ~o~i'n Gammission will hold separate public hearings, on the carne ~raperty~ nn The ~Pfanning and 9 i the ~~DS to consider making a recommendation to ~"ity ~aunci~ r~~ard ng Wednesday, Qctaber , ra osed annexation and zoning.the unzoned property. pp ' 'start at 6:30 .m~ in the City Council Chambers of City Hall locates at E. The public hearing w~l! p r • r n Texas because ou own prape~y within the proposed annexation? erea the pity MLK~nney street, Denty , Y r to hear I1GVV t7u fccj c~~Gilt this dl'~t~e~['atlan .1"e UeSt aI~CT ~nVl~eS yoU ~(7 a~~'C]~` ~'~I~' ~~IL711~` ~''n1 nr n I.~Vt,ln~'Tf INV~1~d'~~O~e" ~ ..,..~.,1 rovide Q ortunities for citizen involvement and cvmment~ ~n heanrrgs. Public hearings are designed .top pp inian to be taken into account, please return the enclosed form vuith your cQr~r~Pn~s pr~ar :.order for your op i n . This in no ` wa rohibits you from attending and partie~p~~~r~,~ the to the date of the public hear g ~ Y p fax it to the number located at the bottom, mail ~t to .the address be}c~.~ or drop . public hear~ng.~ You may ~i~. . Plann~n and Development Department 9 2z1 N~ Elm 5~" Denton Texas 7~~D1 ACT ~ ~ na er Attu; D~bvrah Vera, AICP, base Ma g P NNNG ~ r~~UEL~P~I~NT Please circle vne~ nest Neutral to request Cppased to request In favor of req Cvm~ne ts: 1 r t - - r 4 ~ signature: Printed Name: r~ Mailing Address: City, State Zip. Telephone Number. , Physical Address of Property within 20D feet: ICY QF L~ENT~JI~, T~X~~ CfTY HAI~~ 1lVEST • DENTON, TEXAS 1fi2~~ ~ 94Q,349.8~41 . (F;1 ~~~~~~.:y~-+~.-'"~~~~r~~ G NOTICE OF' PUBLIC HEARING A05-000.2 I;Notth Denton Annexation) The boundaries of the proposed annexation have been revised. Please see the attached maps for details. The City Council of the City of Denton will hold the second of two public hearings on Tuesday, October 11, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation and zone change request schedule, which notes all the requirea meetings. The Planning and Zoning Commission will ho/d separate public hearings, on the same property, on Wednesday, October 12, 2005, to consider making _ a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. 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 the proposed annexation area the City Council would like to hear how you feel about this annexation request and invites you to attend A pup is hearings Public.hearings are designed to provide opportunities for citizen involvement and comment. in order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and paw%cipatng in the public hearing.) You ma fax it to the number located at the bottom, mail it to the address belov~, or drop ~L~11 VJL~ Planning and Development Department a21 N. Elm ST O C T 0 'LUU Denton, Texas ` 76201 Attn: Deborah Viera, AICP, Case Manager ANNING & DEVELOPMENT Please circle one: In favor of request Neutral to request Opposed to request C menu: r J - f4k Signature: Printed Name: u Mailing Address: , S City, State Zip: ce '7 to Telephone Number: e(j. (jam -3~ j~f Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940.349.8541 (F) 94C a~• Tf: :1i6+-r✓~-- .1~ G~ `",C"`~C~' ~'~fy~.. s./;' I rt.Y~;bd~' t 0/d r 4~1 ; re Q OCT 0 2'in' PLANNING & DEVELOPMENT ..ter „ ...r FROM :RSVP and ACT FAD{ tai. :949381184"7 Sep. 27 2M II'ZW P1 NOTICE Cffl=- PUBLIC HEARING AOS-0002 (North aenton Annenton) City CouncU of w City of :Denmon vWI hold 6w Oft of twaprubik heerkW an Taecfty, Qcaobear 41 no, to consider am adng<appmdmaWy S,W arc w Into to the corporift dty limits of the City of Denton, Tom. The pipperty 0o be annexed is gwloeded in the nordwslam area of the City of Dentores BaralwUrial lurivkdon as shown shaded In the errdand- map. Endosed far your Irrformatlon is the annex Wa and am ct=W request Vie, which nobrs aff the required meetings. The PAw w6W and tar f qr .Qoe iarl Y& aW s4wmfe putffc hm*W an ft same ,orgrasr y, an r~/rwgp,aaaeclAnerser~onsiadanomlr{pr aeaaeAaro~replpieaprer~j►, ` e puWic hearing will start at Z*.W p.m. in the City Oxwd! Chambers of My Hatt located at 215 E. MdSinney Street, C>!enWn, Te=, 5&=myou o#w pr' r the p qpm d an ti aver Me Oty Caundl mx4VARv /mar Avow you feW aoboert dW gg `and hWw.)w w attend Me vub& hearings Public hearings are designed to prWde apporftmfties for dow Inwolvement and comment In ncder lbr ymw apinbcx>.m. be ta~ooor pkmw ret um.the -enclosed *nn wnh yourmrnmer n :prior to the date of theimblic'. (7Itls in no cony pvrahiW )w *am atterzft and pardpaft in the m* st ft boanm, mail It to the adcl = below, or drop U v nSEP 310 2uub M. ®m ST Uleft% Tun 76M An a: faebook Vita,, A=, cartel Nwomw ANNING & DEVELOPMENT pkww rinds one; In favor, of re qutsst NaWtrai to t St try, ~ Comments: ~/c l~~t/G /ll Q[! /7/ h''~.~rL /11 !~-Q.r~t1%9'!~'Ir ~ 1~ / l`4vrt ~'f~[.[//C• . A00 n! le 04 k4te-4t- ~c S 4ri7- , %A f<'r-d 14' rrk~c7r ~<K--•f-i !v'a !c' .e f,~~~~~ ~ l + -~'t~r~ tG'/r~Jl: ✓1 f[/<- W-T ~ Gad % ees% ar'e;z. ;c Signattu e: printed Name: Z Mailing Address: 2-00 M _ at%.~-A e- City, state zp: : & ~ ZZ Telephone Number-. ~i U3 h WI Address of pmpwty own 2w ft c- I~OjeP'f ~'xov e7z 4 ce 7-A /~v 3 2-e7/f ~ vo'u 01 r//" fj v z2, &-r' Io vc , 0I7Y 0FLDEN7I MWA,S crrrr~ wssr . Om-Crr. TEXM MM . 9 .3~i9 a54t • M%0.349.7707 NOTICE OF PUBLIC HEARING A05-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings. The Planning and Zoning Commission will hold separate public hearings, on the same property, on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned properly, The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation area the City Council would like to hear how you feel about this annexation request and invites you to attend` the public hearings Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the ublic hearin . You may fax it to the number located at the bottom, mail it to the address below, or drop a D lanning and Development Department 221 N. Elm ST S E P 2 q Nut) Denton, Texas 76201 A : Deborah Viera, AICP, Case Manager PLANNING & DEVELOPMENT please circle one: In favor of request Neutral to request COpposed to request Comments: _ ny_a I)MOCI,jiZ ?'OX-e-,5 ° h f/e_ ~Ar J ~ t 7- LI-1 = fs 7~~f°/ 1C1~ 4% T M~V"i C~ l~~ rN.~ -e t ' r1Q rlo` A c Gl C 7 7 "'t/ - + 51~ in. Signature: Printed Name: C>'M l - - Mailing Address: City, State Zip: ~►~,~~'_7~ Telephone Number: q 7~ 7 Y 5- ~ 7©P Physical Address of Property within 200 feet: T F CITY OF DENTON, TEXAS CITY HALL WEST - DENTON. TEXAS 76201 - 940.349T,54'; r° 09 1, 14:54 9404823838 KRUM POST OFFICE NOTICE OF PUBLIC HEARING A05-0002 (North Denton Annexation) The boundaries of the o_ rooosed annexation have been revised. Please seg the atta-ched mans for ides The City Council of the City of Denton will hold the second of two public hearings On- Tuesdays, October 11, 2005, to consider annexing approximately 5,900 acres into to the corporate < r: i Or the- City of Denton, Texas. The property to be annexed is generally located in the northeaster, iii ,~-,e of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Em information is the annexation and zone change request schedule, which notes all the requirF --o. igs. The Planning and Zoning Commission will hold separate public heanngs, on the salT- fan oi-lc the Wednesday, Omber 12, 20!15, to consider making a recommendation to City CQunc ~r proposed annexation and zoning the unzoned prooperty. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall JO c.:; r= McKinney Street, Denton, Texas. Because you own property within the proposed annexatic-, Council would like"to hear how-XV-tLe/;Wut t/IfS annexation Mue rand Invltes you to ate. heanrays Public hearings are designed to provide opportunities for citizen involvement and t _s,," order for your opinion to be taken into account, please return the enclosed form with your s r , 4 ~F;()r to the date of the public hearing. (This in no way prohibits you from attending and pay, r the ublic hearing.).-, x it to the number located at the bottom, mail It to the address oi~ < troy D Planning and Development Department 221 N. Elm ST P q i J" Denton, Texas 76201 ~F 2 % B i Attn: Deborah viera, AICP, Case Manager P ANNING & DEVELOPMENT Please circle one: In favor of request Neutral to request Opposed to request, Co ents 'Signature: Printed Name: V Mailing Address: City, State Zip: Telephone Number: Physical Address of Property within 200 feet: CITY OF ©ENTON, TEXAS CITY HALL. WEST • DENTON, TEXAS 76201 940.349.$541 (F) : ~4 ` Sep 28 OS 12:01p p.1 I _ NOTICE OF PUBLIC HEARING r A05-0002 (North Denton Annexation) The boundaries of the ro osed annexation have been revised. Please see + the attached maps for details. { The City Council of the City of Denton will hold the second of two public hearings of-, ?`-fisday October 11, 2005, to consider annexing approximately 5,900 acres into to the corporate cit.: City of Denton, Texas. The property to be annexed is generally located in the northeastern ar- of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Encio,, information is the annexation and zone change request schedule, which notes all the reaul; The Planning and Zonin_q Commission will hold' separate public hearings, on the Sarno Wedneso`ay, October 12, 2005, to consider making a recommendation to City Council prvoused annexation and zoning the unzoned property. u " The public hearing will start at 6:30 p.m. in the City Council Chambers of City Nall located McKinney Street, Denton, Texas. Because you own property within the proposed anneAatior { Council woura like to hear how you feel about this annexation request and itivices you to att"; hearings Public hearings are designed to provide opportunities for citizen involvement and cc; order for your opinion to be taken into account, please return the enclosed form with yoUr cot, to the date of the public hearing. (This in no way prohibits you from attending and,aartrzr public hearing.) You may fax it to the number located at the bottom, mail it to the address be it off in-person: Planning and Development Departmen c~ 221 N. Elm ST L Denton, Texas 75201 Attn: Deborah Viera, ATCP, Case Manag S E P 2 l Please circle one: - - In favor of request Neutral to request t3 PLAiUIregst ` Signat(are: Printed Ndme: IMaiiing Address: ,~Lj ~llCity'r State Zip:, (Telephone number: I Physical Address of Property within 200 feet: CITY OFDENTON, TEXAS CITY HALL WEST • DENJON, TEXAS 76201 940,349.8541 ,F) 94i NOTICE OF PUBLIC HEARING A05-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city i n is of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed '-()r You[- information is the annexation and zone change request schedule, which notes all the required nneetings, The Planning and Zoning Commission will hold separate public hearings, on the same praoell~,, on. Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property, The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall located c:* 21115 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation saroa fl ?,o City Council would like to hear how you feel about this annexation request and invites you to attend -,,o public hearings. Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be tul: ^ into account, please return the enclosed form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participatinq in the public hearing.) You may fax it to the number located at the bottom, mail it to the address below,, or droll it off in-person: anning and Development Department 221 N. Elm ST - Denton, Texas 76201 n: Deborah Viera, AICP, Case Manager i~ E P 2 8 2005 511, L Please circle one: PL 6 rls Neutral to request Opposed to request Comments: ( J/ l ~l el t'~l ~ rC.l1 l~ T~ 0"l LLL, YI~k 3 A., l i.+tli Aw'At'4 ` I t t _ i ckJ ~ttuf L~E\ ~GtiC`1 ~[t 111/ GLrIC~ ~F"~G2;1~: C 0ea'lifJr`i ,,11 tti 'sv~ W , 4 t 1 1r1 t~FCEc v. f s ~a~ ~r Signature: fx # - Printed Name: 1)je_ -1 i u rj 'ho,c., Mailing Address: / 'rr _ City, State Zip: ALQ~C_ew /c-.xct5 INf? Telephone Number: Physical Address of Property within 200 feet: _ )1 1s. CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940.349.8541 {F) NOTICE OF PUBLIC HEARING A05-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed *or your information is the annexation and zone change request schedule, which notes all the required meetings, The Planning and Zoning Commission wi/l hold separate public hearings, on the same orooel- or? Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall located at 115 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation cYec Vic, c:itV Council would like to hear how you feel about this annexation request and invites you to attenc. [.1-.t- public hearings Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion tobe taken into accouni.,, please return one endoseu form with your carnnIenLs priur 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, mail it (a llf ; or drop it off in-person: v' _ s Planning and Development De 221 N. Elm ST 2 ~JU Denton, Texas 76201 SEP Attn: Deborah Viera, AICP, Case Mana er PLANNING & DFV':~ Please circle one: In favor of request Neutral to request Opposed to request w_ Comments: Signature: v Printed Name:!r~r;' s Mailing Address: City, State Zip: ,,~"`~,rr• ' Telephone Number: Jt Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940.349.8541 (F) 94c_ - NOTICE OF PUBLIC HEARING A05-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city: lim'_,-S O she. City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton`s Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosea br your information is the annexation and zone change request schedule, which notes all the required rriee ings. The Planning and Zoning Commission will hold separate public hearings, on the same PrQ[)e[--4; on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall locates ar-'l5 E. ,McKinney Street, Denton, Texas. Because you own property within the proposed annexation art?,, th cit-r% Council would like to hear how you feel about this annexation request and invites you to attenc.° '7LIDIIL hearings Public hearings are designed to provide opportunities for citizen involvement and corm-eru_ Iri UrUer it_Vi yV iai Opino., tw to LbL' into aCrni inf, nlease return the enclosed form with vour comments Dior to u r_-._- 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, mail it to the address below, or drop it off in-person: :D) IF. anning and Development Department 221 N. Elm ST Denton, Texas 76201 PIU17SEP 2 $ Ml n: Deborah Viera, AICP, Case Manager i PLANNING DEVELOPMENT Please circle one, =uest , D;~ amNeutral to request Comments: r C ~j G' 7y~3 Signature: X-? e~ i 5 Printed Name: Mailing Address: 11' City, State Zip: Telephone Number:F ° 1 - - Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST DENTON, TEXAS 76201 940.349.8541 (F) 94t NOTICE OF PUBLIC HEARING A05-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings or Tuesday, o,October 4, 2005, to consider annexing approximately 5,900 acres into to the corporarf s `the i itity of Denton, Texas. The property to be annexed is generally located in the northeast- ti, -Aty of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map.. oEr y. 1 information is the annexation and zone change request schedule, which notes all the rt eetings ! The Planning and Zoning Commission will hold separate public hearings, on the d- z ooe-,,y; orr ~ Wednesday, October 12, ZUUS, to consider making a recommendation to City Cogarding the proposed annexation and zoning the anzoned property. ?i The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall iof:i-,f i - at '15 E. 1 McKinney Street, Denton, Texas. Because you own property within the proposed annexation area the 04 1 Council would like to hear how you feel about this annexation request and invites you to a-11-nd the public ~i 1hearings. Public hearings are designed to provide opportunities for citizen involvement -irri int. Tn viuc i v, _i 0i your <c n r^n,ar+ please- return the enclosed for.. wiY~. Z opinion + ~6 be tal~, into u......,~t, p.~m . to the date of the public hearing. (This in no way prohibits you from attending and nG t t,r.~, in b),? i k public hearing,) You may fax it to the number located at the bottom, mail it to the address below, or drop it off in- erson: 77 Planning and Development Department D 221 N. Elm ST D' Denton, Texas 75201 c° r P ) 8 2U1~5 Attn: Deborah Viera, AICP, Case Manager ,_,~II~ENT Please circle one: PLAfI(~ C t=t Neutral to request Opposed to rc~c 1. r. Connments: 29~.J 1 , ' aignature: 4j Printed Name: TRLIJE12 V. dv1.r vlailing Address: i~a~LI~+~,? ' (City, State Zip: -n> nr 1 2047 II ;Telephone Number: Vo dr~7 j Physical Address of Property within 200 feet: ' e f t ' CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940.349.8541 F r Ors FH ; NO. . 5633590484 sep. ~ '00' ul: i yFT1. i NOTICE OF PUBLIC HEARING A05-0002 (North Denton Annexation) 3 li"I boundaries of the proposed annexation have been revised .-Pleases see +I the attached maps for details. The City Council of the City of Denton will hold the second of two public hearings on Tuesday, October 11, 2005, to consider annexing approximately 5,900 acres into to the corporate city City of Denton, Texas. The property to be annexed is generally located in the northeastern area 1 of Denton's Extraterritorlai Jurisdiction as shown shaded in the enclosed map. Endos:,. information is the annexation and zone change request schedule, which notes ail the requir< The Manning and Zoning Commission will hold separate public hearings, on the same Nlednesday, October 12, 2005, to consider making a recommendation to City COUYY" I c?"- i nrnpnsed annexation and zoning the unzoned property. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located McKinney Street, Denton,.Texas. Because you own propertywithin the proposed annexation e. ~ a 0tirlZir Wou/a IA -e Pfr W-,vou tee/ about t tfs annexation request arrd-irt~ites y~ar~ tc= atte; , - hearings Public hearings are designed to provide opportunities for citizen involvement and core order for your opinion to be taken into account, please return the enclosed form with your cor!,r,, to the date of the public hearing. (This in no way prohibits you from attending and oerticipc° .r i pub.Iic hearing.) You may fax it to the number located at the bottom, mail it t,F;,y, , , ✓ i it off in-person: D Planning and Development Department 221 N. Elm ST i Denton, T e x a s 76201 S E P 2~ ~ D Attn: Deborah Viera, AICP, Case Manage - Please circle one. PLANNINIG & ' i:!_Cl9 - n favor of request Neutral. to request Opposed to request +tComments. I - Signature: i Printed Name: Mailing Address: City. State alp: -~/1 ~Lv Telephone Number: F '7 I zf 2 ~'v12~ y ~~"1 ~ Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS C)TY HALLWZ~sT • oENroN. TEXAS 76201 • s403,19_3541 • (r) ~~0s<,< FpnC i : Ft_nops R`' FOLJTCH FA;'-. NO. :9-10 77183 4499 Sep. 26 2,00 .P 1 NOTICE OF PUBLIC HEARING A05-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate cite of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area nF City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed Your information is the annexation and zone change request schedule, which notes all the required nqs, The Planning and Zoning Comnnission will hold separate public hearings, on the same 0" Wednesday, October 12, 2W5, to cwsldermaking a rJeavmnrendatlon W City Count%I r+egand%ng tfJre,vrn~sed annexation-at►d rae~ing the unzoned. p[rt~rty^_.;,_. _ - The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall locates zl-- E4. rf=. McKinney Street, Denton, Texas. Because you own property within the proposed annexatlon i Council would /lke to hear how you fee/ about this a. naexdbon request and incites you to ai`tr'nu p t . ~ hearings. Public hearings are designed to provide opportunities for citizen involvement and co " - t_ order for your opinion to betaken into account, please return the enclosed form with your corrf-r to the date of the public hearing. (This in no way prohibits you fi:?m attending and patVc~oac - r public hearing,) You may fax it to the number located at the bottom, mail it to the address hPi { it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Deborah Viera, AICP, Case Manager Please circle one: In favor of request Neutral to request Opposers to request Comments: We- A ec vepY BPpos~ !bTry~ Q~ c~Ke~:~ ~uNex,4r~v ~t`~ ~ ` ~ 7T & M) 70,r _iy wE WoitQ 06 VA_ BousNr /N 'THE W, 4 ALSO iP "s R_ IN AA9AS or.Dey_-4(fecpol- 1AA ey~ijLopE.l~yCti~~, Zt1 LP1o4c~D It~E ~~'S~` Gtr 4 ~hE Pt ,vfityG ,,'ZoNtNr. i'oAED Mc-M66kS, TH614 N.4tnG51API404CY N~tmBE~S We k:"ff~o~` -T-4Lk, -7D rNcrx UFc> C- T#ig m60:T,tJ GS, lj' th0&LD A L 5 o t41<6 Ib'KAI0rJ 4)A%1r Pkb9j,P,1W ?s~! Sot-A rn/ 1-H is CA IA17Wa ,CAs7- & /Ao#1W5. Signature: le ` 9- L:~~ W~ Printed Na MMES ~yt~TL't# ~tAn) FoesTCal Mailing Address: 5555 Wo, L ANA M iLZs Z~R t tl, ~ City, State Zip: _bFN-mAJ 76~Od -3!0 l5 Teiephone Number: `?~40 - 3& a - ~ ~ T 9 v - 38'I~ l33? ~Ax Physical Address of Property within 200 feet: 3555 a2) kJUS b 0lU E _Z LE R (C_ rd CITY OF ©ENTON, TEXAS CITY HALL WEST DENTON, TEXA 62 ti4 w ~ PLANNING & DEVELQPME , Q4 9408983556 COWERENCE SERVICE NOTICE OF INTENT TO ANNEX September 27, 2044 City of Denton Planning and Development Department 221 N. Elm Denton, Texas 76201 Re: X457 F.M. 428 Aubrey, Texas 76227 TO WHOM IT MAX CONCERN: After much thought and consideration to your propmal to annex, I decided that I need to voice my opinion I have known many developers in my time, and believe we I know that there is out one thing on their mind and that is to "make money". There is nothing new about this phenomenon. What I would like to see is oust once the "little guy" can voice their opinion and the "big guys" actually listen. It is not always about the big developers and what they can offer the city. Whether you own just an acre lot or SW acres, there is a reason that people move to .Aubrey. We had a choice move to Denton or move to Aubrey. We chose Aubrry and so did the rest of the people that live here. It was not only for its beauty, its calmness, its serenity, but for practical reasons like lower hexes as well. We wanted out of the city to have fire works if we wanted it, to have animals roaming the property, to have big gatherings of family and friends without worrying about parking issues. Thera has been so much unrest in our country hurricanes, evacuees, loss of btouir and family, and those of us dealing with loved ones at war. It seems such a minor thing to ask that the peacefulness of our home stay that way and to leave us in Aubrey. Thank you for your consideration. Sincerely, NL Deborah Gillespie L iL[=L i ; Proud Property Owner in Aubrey k ~q SEP 2 7 'U PLANNING & DEVELOPMENT NOTICE OF PUBLIC HEARING A05-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits or the City of Denton, Texas. The property to be annexed is generally located in the northeastern area o the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings. The Planning and Zoning Commission will hold separate public hearings, on the same property; on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall located at _215 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation area the City Council would like to hear how you feel about this annexation request and invites you to attend she public hearings. Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be taken into account, please return the enclosed 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, mail it to the address below, or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Deborah Viera, AICP, Case Manager Please circle one: ;e' In favor of request Neutral to request Opposed to request Co ments: Q y~ ~►e~e Si/~ e !`7'~c;©u fiF',Ce qr FE'i f c?A rrvk 004-IA i ` _rjP m e- -~A W~--~- daisy ti4_~o ef '~+k~_5 6 _f 1 ~Qt 1 0 *x-, wi' 't`r' l S c9 ow 0 d' S Cep -b+-f~ - fhb cL. d a ta-e-£v~1 eft /1~4F l ca S tu,?- P~cc_ a? Signature: Printed Name: C~A r~-~ /~1 c Cf Mailing Address: 474,/- City, State Zip: ~r e k Telephone Number:" , Physical Address of Property within 200 feet: i PLANNING & DEVELOPMENT CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940.349.8541 (F) 940,'i4,- 7 fF NOTICE OF PUBLIC HEARING A05-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation and zone change request schedule, which notes all the requirea meetings. The Planning and Zoning Commission wi/l hold separate public hearings, on the same prooergy on Wednesday, October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property, The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall locatea at 215 E. McKinney Street, Denton, Texas. Because you own property within the proposed annexation area the City Council would like to hear how you feel about this annexation request and invites you to attend tine public hearings. Public hearings are designed to provide opportunities for citizen involvement and comment. In ;order for our opinion to he taken [nin a:r!'o lnt, please return the enclosed form with. v(')ur .forY1f71. - nt rlrlOr 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, mail it to the address beiow. or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Deborah Viera, AICP, Case Manager Please circle one: In favor of request Neutral to request OpnosPd t~reauestt Comment: r ~..L.-l '~F` f .n^...•1' 6 se~1,.~ 'tom,. .r"„rJ..+~'.....i~°~~ - .-r rt. Signature. s C? C" Printed Name. 5-A ~210_S Al Mailing Address: ' ` City, State Zip: Telephone Number:` Physical Address of Property within 200 feet: PLANNING & DEVELOPMENT CITY OF DENTON, TEXAS CITY HALL WEST DENTON, TEXAS 76201 • 940.349.8541 • (F) 940_349707 NOTICE OF PUBLIC HEARING A05-0002 (North Denton Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday, October 4, 2005, to consider annexing approximately 5,900 acres into to the corporate city limit; of "he City of Denton, Texas. The property to be annexed is generally located in the northeastern area c~ the 0tY° of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed 'ui Vour information is the annexation and zone change request schedule, which notes all the required meetings. The Planning and Zoning Commission will hold separate public hearings, on the same Af (ioet''y' On Wednesday, October Z2, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property, The public hearing will start at 2:00 p.m. in the City Council Chambers of City Hall located a .15 L, McKinney Street, Denton, Texas. Because you own property within the proposed annexation ar&,c Ili- ~ i{+ Council would like to hear how you feel about this annexation request and invites you to attend L hearings Public hearings are designed to provide opportunities for citizen involvement and czirn r(~--. 3n~ order for your opinion to he taken into account; plPase return the enclosed form with your comn"~ }rits 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, mail it to the address below.. of drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Deborah Viera, AICP, Case Manager Please circle one: In favor of request Neutral to request Opposed to request Comments: Signature. _y- - Printed Name: Mailing Address ' `i`z ~ City, State Zip: Telephone Number: 2 j ° Physical Address of Property within 200 feet: , / _ D i CITY OE DENTON, TEXAS CITY HALL WEST DENTON, TEXAS 76201 940. 49.8541 (F) 94tr '4-!., . PLANNING NOTICE OF PUBLIC HEARING A05-0002 (North Denton Annexation) The boundaries of the Rroposed annexation have been revised. Please see the attached maps for details. The City Council of the City of Denton will hold the second of two public hearings on Tuesday, October 11, 2005, to consider annexing approximately 5,900 acres into to the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northeastern area of the City of Denton's Extraterritorial Jurisdiction as shown shaded in the enclosed map. Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings. The Planning and Zoning Commission will hold separate public hearings, on the same property, on Wednesdayy. October 12, 2005, to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property. 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 properly within the proposed annexation area the City - Council would like to-hear how you feel about this annexarion7equest and invites you to attend the public hearings. Public hearings are designed to provide opportunities for citizen involvement and comment. In order for your opinion to be taken into account, please return the enclosed 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, mail it to the address below, or drop nnnng and Development Department 221 N. Elm ST Denton, Texas 76201 OCT 1 .1 I 2r: Deborah Viera, AICP, Case Manager PLANNING & DEVELOPMENT Please circle one: In favor of request Neutral to request Opposed to request Comments: -ei~iz a6ez W,;;,z ! 11 24p - z U L iliac Signature: L-~U'f C, L, Printed Name.- 4~ ,2 e n e ~i Mailing Address: L!~rY ~ c t City, State Zip: alo Telephone Number: Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 (F) 940.349.7707 cc 7 IEE ~'WC D 144 2005 PLANNING DEVELOPMENT r s LONG RT E F! LD HARTLEE a o HHIHH= LBEH G, C.~~ Cmu~l "i kan+wvti~ u~cL ~~wnc~ ConovnUa.un is y'nr~ Q 'fl/~ r ~1)1 f1cw1'p1c~~A~~ ~p~/~1a)~9UJ ~~1:+4it4). I~~..y I,~EU~tL VaN1~0.y ~ CAY~A IA? , ane. `Y1~.1 b r~.~e~ ~yzc~vexc~..7 Ir~~ `tin~~sn~ Ll~r~v~w~wvkcrp,~cUndl. u.te.. ~KV19~z, ~cD a.tL4'leyrz~T~VU Q "U ~ Ube w I~ u nn~/~ nn'u a ac; t ~7. t @Av u~~~9~1~n Dp ctxlA~e ~aely` ~,I~UUC~ (.~lJe~?~YSJ IAa. WL,' Eca PLANNING & ItfV!_lnpMtNi 1 c we ~,L sE.Q9t(.~P .A-v c ~ft `.'~~~1`.IA~21OYVl)~La f~~1t7~. Iq Qk IT~u~C; c~ rn u~ Lam, C ~4c ~C~12R~ U~ c. -lu`~ A--- l-l~~ ~r~ o-~unp '~p out 3~ cu~ea, ~,vu~fl «~+[l~ I,!v~l~, U)6~XZ2-C~~Cw~c4. 4~]ltt.?.t[k bcC&b- aaut,-Aa'kA~~LUJ 19`3. n1<va-_ ATTACHMENT 4 ANNEXATION SCHEDULE Potential Annexation (A05-0002) Notices to Intent to Annex (30 day prior to 1St PH) will be send on September 2nd Tuesday, 10/4/05 City Council conducts first public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. ❑ Annexation Study prepared and available for public review. ❑ Service Plan prepared and available for public review. Tuesday, 10/11/05 City Council conducts second public hearing. (Special Called Meeting) • Public notice must be no less than 10 days and no more than 20 days before public hearing. Wednesday, 10/12/05 Planning and Zoning Commission public hearings -make a recommendation to City Council regarding the proposed annexation. Tuesday, 11/01/05 City Council by a four-fifths vote institutes annexation proceedings. First reading of annexation ordinance. • Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Friday, 11/4/05 Ordinance published • The ordinance cannot be acted upon until at least 30 days after publication. Tuesday, 12/6/05 City Council by a four-fifths vote takes final action. Second reading and adoption of the annexation ordinance. (Special Called Meeting) • Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes annexation proceedings (adopts ordinance on 1St reading). Annexations must be rigidly coordinated in conjunction with the City Council public hearing schedule due to specific timing mandates established by Texas State Law. The Texas Local Government Code requires that City Council institute annexation proceedings (1St Reading of the Ordinance) more than 20 days after the second City Council public hearing but less than 40 days from the first City Council public hearing. -1- S:\Our Documents\Ordinances1051A05-0002.DOC ATTACHMENT 5 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 5,800 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED IN THE IN THE NORTHEASTERN AREA OF THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION; GENERALLY LOCATED BETWEEN THE CITY'S CURRENT NORTHERN CITY LIMITS AND LAKE RAY ROBERTS ALONG BOTH SIDES OF FM 2153 AND FM 428 NORTH OF HARTLEE FIELD ROAD; SUCH ANNEXATION AREA BEING LOCATED IN THE V. GAILER SURVEY, ABSTRACT NUMBER 452, J. CLARK SURVEY, ABSTRACT NUMBER 247, J. CHEEK SURVEY, ABSTRACT NUMBER 227, H. WILLIAMS SURVEY, ABSTRACT NUMBER 1417, J. DOUTHIT SURVEY, ABSTRACT NUMBER 329, S. MORRIS SURVEY, ABSTRACT NUMBER 859, D. GROUND SURVEY, ABSTRACT NUMBER 489, J. PETTY SURVEY, ABSTRACT NUMBER 1027, P. O'LEARY SURVEY, ABSTRACT NUMBER 977, S. LAMAR SURVEY, ABSTRACT NUMBER 761, J. THOMAS SURVEY, ABSTRACT NUMBER 1240, W. THOMPSON SURVEY, ABSTRACT NUMBER 1238, A. PATTON SURVEY, ABSTRACT NUMBER 990, S. WILLIAMS SURVEY, ABSTRACT NUMBER 1322, E. MYERS SURVEY, ABSTRACT NUMBER 932, AND THE E. MYERS SURVEY, ABSTRACT NUMBER 933, DENTON COUNTY TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A05-0002) WHEREAS, the City Council finds that the property being annexed as particularly described in Exhibit "A" attached hereto and made a part hereof by references (the "Annexation Area") contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; and WHEREAS, this annexation is involuntary and is being made under Subchapter C-1 of Chapter 43 of the Texas Local Government Code; and WHEREAS, the Annexation Area is located within the extraterritorial jurisdiction of the City of Denton; and WHEREAS, the City Council finds that all required notices were given in the time and manner required by law; and WHEREAS, public hearings before the City Council were held in the Council Chambers on October 4, 2005, and October 11, 2005, (both days being on or after the 20th day but before the 40th day of the date of the institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, on or about October 12, 2005, the Planning and Zoning Commission recommended disapproval of the annexation; and WHEREAS, annexation proceedings were instituted for the Annexation Area by the introduction of this ordinance at a meeting of the City Council on November 1, 2005; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on November 4, 2005, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; and WHEREAS, the City Council finds that the annexation is in the public interest and will allow the city to ensure development consistent with the Denton Comprehensive Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Annexation Area is hereby annexed into the City of Denton, Texas. SECTION 3. The service plan, a copy of which is attached hereto and made a part hereof by reference as Exhibit "B" (the "Service Plan") which provides for the extension of municipal services to the Property, is approved as part of this ordinance. The Service Plan was made available for public inspection and explanation to the inhabitants of the area being annexed at the above described public hearings. . SECTION 4. Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all portions of the Property lawfully annexed regardless of whether any other part of the Property is declared not to be lawfully annexed into the City. If any part of the Property is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were expressly described in this ordinance. SECTION 5: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEG FORM: EDWIN S , CITY TTORNEY BY. 2 EXHIBIT "A" All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being all or part of the V. Gailer Survey, Abstract Number 452, J. Clark Survey, Abstract Number 247, J. Cheek Survey, Abstract Number 227, H. Williams Survey, Abstract Number 1417, J. Douthit Survey, Abstract Number 329, S. Morris Survey, Abstract Number 859, D. Ground Survey, Abstract Number 489, J. Petty Survey, Abstract Number 1027, P. O' Leary Survey, Abstract Number 977, S. Lamar Survey, Abstract Number 761, J. Thomas Survey, Abstract Number 1240, W. Thompson Survey, Abstract Number 1238, A. Patton Survey, Abstract Number 990, S. Williams Survey, Abstract Number 1322, E. Myers Survey, Abstract Number 932, and the E. Myers Survey, Abstract Number 933 and being more particularly described as follows: BEGINNING at the Northwest corner of the existing Denton city limits established by Ordinance 74-36, Tract IV, and being on the south line of the J. Cheek Survey, Abstract Number 227 and the north line of the H. Williams Survey, Abstract Number 1417 said point being 584.85 feet West of the centerline of Farm to Market Road 428; Thence South 31 degrees 15 minutes 00 seconds West, a distance of 2,907 feet to a point for a corner on the south line of a called 283.734 acre tract described in the deed to Donald J. Carter from Equestrian Development Corporation of North Texas, being recorded under County Clerk's File Number 2001-R0028444, Real Property Records, Denton County, Texas, said point also being 500 feet west of and perpendicular to the centerline of Farm to Market Road 428; Thence North 86 degrees 38 minutes 20 seconds West, along the south line of said 283.734 acre tract a distance of 2,691.39 feet to a point for a corner and also being the southwest corner of said 283.734 acre tract; Thence North 03 degrees 59 minutes 06 seconds East, along a west line of said 283.734 acre tract a distance of 1,311.90 feet to a point for a corner; Thence South 87 degrees 11 minutes 32 seconds East, along a north line of said 283.734 acre tract a distance of 112.95 feet to a point for a corner; Thence North 03 degrees 54 minutes 43 seconds East, along a west line of said 283.734 acre tract a distance of 2,243.16 feet to a point for a corner and also being the northwest comer of said 283.734 acre tract; Thence South 88 degrees 35 minutes 40 seconds East, along a north line of said 283.734 acre tract a distance of 2,577.35 feet to a point for a corner on the west line of a called 92.701 acre tract described in the deed to Jeffrey W. and Jeanie T. Noe from Denis E. and Catherine A Ferrari, being recorded in Volume 2879, Page 544, Real Property Records, Denton County, Texas; Thence North 02 degrees 57 minutes 25 seconds East, along the west line of said 92.701 acre tract a distance of 2,054.35 feet to a point for a corner on the south line of a called 292.369 acre 3 tract as described in the deed to Donald J. Carter from Equestrian Development Corporation of North Texas, being recorded under County Clerk's File Number 2001-R0028444, Real Property Records, Denton County, Texas; Thence with the south line of said 292.369 acre tract and within the meanders of Clear Creek the following eleven bearings and distances: North 77 degrees 49 minutes 17 seconds West, a distance of 268.87 feet; North 63 degrees 35 minutes 15 seconds West, a distance of 449.29 feet; North 31 degrees 52 minutes 40 seconds West, a distance of 416.78 feet; North 72 degrees 20 minutes 46 seconds West, a distance of 383.69 feet; North 69 degrees 37 minutes 45 seconds West, a distance of 232.89 feet; North 23 degrees 58 minutes 38 seconds West, a distance of 746.25 feet; North 60 degrees 31 minutes 44 seconds West, a distance of 224.19 feet; North 87 degrees 02 minutes 31 seconds West, a distance of 156.60 feet; North 32 degrees 56 minutes 10 seconds West, a distance of 127.09 feet; North 43 degrees 45 minutes 57 seconds West, a distance of 169.89 feet; North 02 degrees 10 minutes 13 seconds East, a distance of 169.59 feet; Thence South 87 degrees 36 minutes 57 seconds East, along a north line of said 292.369 acre tract a distance of 1,17997 feet to a point for a corner; Thence South 86 degrees 54 minutes 46 seconds East, along a north line of said 292.369 acre tract a distance of 663.58 feet to a point for a corner; Thence South 88 degrees 16 minutes 20 seconds East, along a north line of said 292.369 acre tract a distance of 658.14 feet to a point for a corner; Thence North 06 degrees 36 minutes 34 seconds East, along a west line of said 292.369 acre tract a distance of 297.78 feet to a point for a corner; Thence North 29 degrees 15 minutes 38 seconds East, a distance of 52.46 feet to a point for a corner on the north line of said 292.369 acre tract; Thence South 86 degrees 08 minutes 32 seconds East, along the northern most line of said 292.369 acre tract a distance of 808.30 feet to a point for a corner; Thence South 86 degrees 13 minutes 20 seconds East, along the northern most line of said 292.369 acre tract a distance of 1,143.06 feet to a point for a corner on the west line of a called 132.18 acre tract as described in the deed to Ray and Betty J. Lynch from the Estate of Edwin Bryan Matthews, being recorded in Volume 1092, Page 653, Deed Records, Denton County, Texas; Thence East, along a north line of said 132.18 acre tract a distance of 858.33 feet to a point for a corner; 4 Thence East, across said 132.18 acre tract a distance of 1,261.12 feet to a point for a corner on the west line of a called 118.13 acre tract as described in the deed to Ray and Betty J. Lynch from the Estate of Edwin Bryan Matthews, being recorded in Volume 1092, Page 653, Deed Records, Denton County, Texas; Thence North, along the west line of said 118.13 acre tract and the east line of said 132.18 acre tract a distance of 2,346 feet to a point for a corner on the south line of a called 40.000 acre tract as described in the deed to Jim Bingham from Cates Bingham, Otha H. Bingham, Minnie E. Skiles, Mae Maddox, Cora B. Kilborn and Edna B. Belew, being recorded in Volume 863, Page 602, Deed Records, Denton County, Texas; Thence East, across said 40.000 acre tract and passing at 1,493 the east line of said 40.000 acre tract and continuing same course a total a distance of 1,895 feet to a point for a corner on the west line of Green Valley Circle; Thence North 09 degrees West, along the west line of Green Valley Circle a distance of 281 feet to a point for a corner on the west line of said Green Valley Circle; Thence East, across Green Valley Circle a distance of 48 feet to a point for a corner on the west line of a called 6.53 acre tract as described in the deed to Devron Jeffers from Marjorie Jan Miller and Doris Joan Miller Seale, being recorded under County Clerk' s File Number 00- R0018777, Real Property Records, Denton County, Texas; Thence South 87 degrees 25 minutes 00 seconds East, along the north line of Warschun Road a distance of 418.72 feet to a point for a corner being the southeast corner of said 6.53 acre tract; Thence East, along the north line of Warschun Road a distance of 558 feet to a point for a corner and being on the east line of a called 3.157 acre tract as described in the deed to Larry D. and Patricia J. Hopper from Walter Glen and Glenda Lou Keen, being recorded under County Clerk's File Number 97-R0042996, Real Property Records, Denton County, Texas; Thence North 03 degrees 17 minutes 00 seconds East, along the east line of said 3.157 acre tract a distance of 883 feet to a point for a corner and being the northeast corner of said 3.157 acre tract and also being the northwest corner of a called 2.048 acre tract as described as Tract Two in the deed to James Whitlock from Marjorie Pitner, being recorded in Volume 830, Page 645, Deed Records, Denton County, Texas; Thence South 87 degrees 25 minutes 00 seconds East, along the north line of said 2.048 acre tract a distance of 96.58 feet passing the northeast corner of said 2.048 acre tract and being the northwest corner of a called 4.00 acre tract as described as Tract Three in said James Whitlock deed, a distance of 189.68 feet passing the northeast corner of said 4.00 acre tract and continuing same course a total distance of 860 feet to a point for a corner on east line of a tract of land conveyed to James Whitlock and wife Fren Whitlock, being recorded in Volume 1467, Page 903, Deed Records, Denton County, Texas, and said point being on the west line of a called 18.721 acre tract as described in the deed to Julia Fem Nicodemus from the Estate of Winnie Fern Sauls, 5 being recorded under County Clerk's File Number 2002-RO 136989, Real Property Records, Denton County, Texas; Thence North 04 degrees 17 minutes 10 seconds East, along the west line of said 18.721 acre tract and passing at a distance of 171 feet the northwest corner of said 18.721 acre tract and also being the southwest corner of a called 41.087 acre tract as described in the deed to Lawrence E. Nicodemus, II and Julie F. Nicodemus, and Raymond Gene Shaw, Sr. and Betty Shaw from Raymond Gene Shaw, Jr., being recorded by County Clerks File number 2003-RO113243, Real Property Records, Denton County, Texas and continuing same course and along the west line of said 41.087 acre tract a total of 1,356.69 feet to a point for a corner and being the northwest corner of said 41.087 acre tract; Thence South 86 degrees 16 minutes 41 seconds East, along the north line of said 41.087 acre tract a distance of 873 feet to a point for a corner and being a southwest corner of a called 20.00 acre tract as described in the deed to Gary Lynn and Kerry Sure Lewis from Charles A. and Joy Wood Betzel, being recorded under County Clerk's File Number 93-R0076013, Real Property Records, Denton County, Texas; Thence North 01 degrees 58 minutes 09 seconds East, a distance of 347.05 feet to a point for a corner and being the northwest corner of said 20.00 acre tract and also being a southwest corner of a called 75.985 acre tract as described in the deed to Lee M. and Beverly Janzen from Tom McCutcheon, being recorded under County Clerk's File Number 2004-111489, Real Property Records, Denton County, Texas; Thence North 01 degrees 57 minutes 22 seconds East, along the west line of said 75.985 acre tract a distance of 1,687.44 feet to a point for a corner being the northwest corner of said 75.985 acre tract; Thence South 87 degrees 59 minutes 05 seconds East, along the north line of said 75.985 acre tract a distance of 1,531.36 feet to a point for a corner on the west line of a called 170.204 acre tract as described in the deed to Edwin G. and Nancy J. Pickett from Patsy L. Hutton and John H. Driver, being recorded by County Clerks File number 97-R0041237, Real Property Records, Denton County, Texas; Thence North 01 degrees 00 minutes 00 seconds East, along a west line of said 170.204 acre tract a distance of 829.66 feet to a point for a corner; Thence in a North 01 degrees East and across said 170.204 acre tract a distance of 1,813 feet to a point for a corner on the North line of Shepard Road; Thence West and continuing along the north line of said Shepard Road a distance of 3,589 feet to a point for a comer, said point being on a west line of a called 1,898.19 acre tract as described in the deed to JNC Partners Denton, LLC, from the Kenneth Craver Family Trust, being recorded under County Clerk's File Number 2004-51648, Deed Records, Denton County, Texas; 6 Thence North 00 degrees 10 minutes 40 seconds East along a west line of said 1,898.19 acre tract a distance of 2,892 feet to a point for a corner; Thence along the boundary of said 1,898.19 acre tract the following sixteen bearings and distances: South 88 degrees 48 minutes 27 seconds West, 4,780.48 feet; North 00 degrees 04 minutes 01 seconds West; 1,060.35 feet; South 89 degrees 24 minutes 48 seconds West; 2,288.75 feet; South 88 degrees 51 minutes 54 seconds West, 248.71 feet; North 00 degrees 01 minutes 41 seconds East, 4,076.10 feet; North 89 degrees 24 minutes 17 seconds East, 390.88 feet; North 89 degrees 13 minutes 19 seconds East, 2,132.51 feet; South 00 degrees 42 minutes 30 seconds East, 1,977.58 feet; North 89 degrees 50 minutes 20 seconds East, 1,884.63 feet; North 00 degrees 22 minutes 30 seconds West, 2,799.94 feet; North 00 degrees 20 minutes 42 seconds West, 1,324.91 feet; North 00 degrees 35 minutes 19 seconds West, 465.52 feet; North 89 degrees 36 minutes 58 seconds East, 898.29 feet; North 89 degrees 51 minutes 35 seconds East, 1,978.29 feet; South 02 degrees 32 minutes 59 seconds East, 422.73 feet; North 89 degrees 42 minutes 58 seconds East, 768.78 feet; Thence North 89 degrees 46 minutes 02 seconds East, a distance of 1,622.87 feet to a point for a corner and being the southwest corner of a certain described tract of land to Glena Dean Allen from Jo Ann Terry and Curtis Allen, being recorded in Volume 2331, Page 482, Deed Records, Denton County, Texas; Thence North 01 degrees 49 minutes 50 seconds West, along the west line of said Glena Dean Allen tract a distance of 1,773.1 feet to a point for a corner on the south line of Farm to Market Road 2153; Thence North across Farm to Market Road 2153, a distance of 90 feet to a point for a corner on the north line of said Farm to Market Road 2153 said point also being the beginning of a curve to the left having a radius of 2,819.79 feet; Thence with said curve to the left and along the north line of said Farm to Market Road 2153 an are distance of 216.08 feet, said curve has a chord bearing and distance of North 86 degrees 14 minutes 00 seconds East, 216.03 feet to a point for a corner; Thence North 84 degrees 02 minutes 17 seconds East, along the north line of said Farm to Market Road 2153 a distance of 44.97 feet to a point for a corner, said point also being the beginning of a curve to the right having a radius of 2,909.79 feet; Thence with said curve to the right and along the north line of said Farm to Market Road 2153 an are distance of 335.34 feet, said curve has a chord bearing and distance of North 85 degrees 41 minutes 54 seconds East, 335.16 feet to a point for a corner; 7 Thence North 89 degrees 00 minutes 00 seconds East, along the north line of said Farm to Market Road 2153 a distance of 1,239.80 feet to a point for a corner; Thence East a distance of 588 feet to a point for a corner on the west line of a called 20.092 acre tract described in the deed to Elias Argumaniz; being recorded under County Clerk's File Number 96-R0059083, Real Property Records, Denton County, Texas; Thence North 02 degrees 19 minutes 00 seconds East, along the west line of said 20.092 acre tract a distance of 651 feet to a point for a corner, said point being the southwest corner of a called 6.8117 acre tract to Hilliard and Larry Joe McLoed, being recorded in Volume 1119, Page 94, Deed Records, Denton County, Texas; Thence North 00 degrees 40 minutes 51 seconds West, along the west line of said 6.8117 acre tract a distance of 239.33 feet to a point for a corner, said point being the northwest corner of said 6.8117 acre tract; Thence North 81 degrees 05 minutes 03 seconds East, along the north line of said 6.8117 acre tract a distance of 992.17 feet to a point for a corner being the northwest corner of the Lot 1, Block A, Ray Roberts Water Treatment Facility Addition, being recorded in Cabinet U, Page 104, Plat Records, Denton County, Texas; Thence North 80 degrees 33 minutes 33 seconds East, along the north line of said addition a distance of 994.48 feet to a point for a corner Thence North 80 degrees 29 minutes 05 seconds East, along the north line of said addition a distance of 970.07 feet to a point for a corner on the west line of Lake Ray Roberts Road; Thence South 01 degrees 04 minutes 41 seconds East, along the west line of said Lake Ray Roberts Road a distance of 598.52 feet to a point for a corner on the north line of the remainder tract of land described in the deed to Alfred G. Coulter and Grace Lena Coulter, being recorded in Volume 383, Page 552, Deed Records, Denton County, Texas; Thence South 00 degrees 30 minutes 58 seconds East, along the west line of said road a distance of 1633 feet to a point for a corner on the north line of Burger Road; Thence South, across said Burger Road a distance of 48 feet to a point for a corner on the south line of said road; Thence West, along the south line of said road a distance of 780 feet to a point for a corner and being on the east line of a called 91.08 acre tract described in the deed to the Kenneth Craver Family Trust, being recorded in Volume 1683, Page 649, Real Property Records, Denton County, Texas; Thence South, along the east line of said 91.08 acre tract a distance of 2,180 feet to a point for a corner being the southeast corner of said 91.08 acre tract; 8 Thence West, along the south line of said 91.08 acre tract a distance of 851 feet to a point for a corner and being a southwest corner of said 91.08 acre tract and also being the southwest corner of a called 17.19 acre tract described in the deed to Mary Craver Denny from Henry William Denny, being recorded in Volume 2861, Page 588, Real Property Records, Denton County, Texas; Thence South 89 degrees 35 minutes 00 seconds West, along the south line of said 17.19 acre tract a distance of 1,282.5 feet to a point for a corner on the east line of Farm to Market Road 2153; Thence South 01 degrees 52 minutes 00 seconds West, along the east line of said road a distance of 2,337.42 feet to a point for a corner i Thence South 01 degrees 36 minutes 00 seconds East, along the east line of said road a distance of 2,548.01 feet to a point for a corner and the beginning of a curve to the right having a radius of 5,774 feet; Thence along said curve to the right and along said road an are distance of 301.80 feet, and having a chord bearing and distance of South 01 degrees 41 minutes 51 seconds West, 301.77 feet to a point for a corner; Thence South, along the east line of said road a distance of 13.79 feet to a point for a corner and being the beginning of a curve to the left having a radius of 5,684 feet; Thence along said curve to the left and along the east line of said road an arc distance of 298.19 feet- and bavinp a chord hearing and distance of South 00 degrees 05 minutes 49 seconds East. Thence youth ~7 degrees ~ ~ minutes 49 seconds East, along the east line of said road a distance of 7.17 feet to a point for a corner on the north line ofFarn~ to N~arket Road 42 and being the beginning of curve to the right having a radios of ~22.~~ feet; Thence along said curve to the right and along the north line of said Farm to 1Vlarl~et Road 425, an arc distance of 416.21 feet having a chard bearing and distance of North ~7 degrees 1'~ minutes 5 seconds East, 464.7a feet to a paint for a corner; Thence North 8 degrees 13 minutes seconds East, along the north line of said road a distance of 1,1 ~3 feet to a point far a corner; Thence youth, across said road a distance of 1 ~0 feet to a paint for a corner on the north line of a called 73.'752 acre tract as described in the deed to R. . venable, being recorded in valu~ne ~5~, Page X35, Deed Records, Denton County, Texas; Thence youth ~2 de ees 17 minutes 2~ seconds west, along the vest line of said 73.'752 acre ~ tract a distance of ~,2~54 feet to a paint for a corner and being the northeast comer of called 32.332 acre tract as described in the deed to Tha~nas N~cCutcheon, being recorded under County Clerl~'s File Number ~4-R~~71 aZ 1, Real Property Records, Denton County, Texas; Thence youth as degrees 37 minutes 02 seconds ~U'est, along the east line of said 32.332 acre tract a distance of 451.35 feet to a paint far a corner being the northeast corner of a called 1~4,5~7 acre tract to Double . Fax~ns, LLC, from Nana' Johnson Pickett, being recorded under Count Clerk's File Number 2044~75~32, Real Property Records, Denton County, Teas; Y Thence youth ~2 degrees 3a minutes seconds west, along the east line of said 144.597 acre tract a distance of 1,37.1 a feet to a point for a corner; Thence west, distance of 1,965 feet to a point for a corner and being the southeast corner of a called ~.3~ acre tract, as described. in th.e deed to Dallis J. vinegar and Jane vinegar, being recorded under County Clerk's File Nurr~ber 2~a4-8453, Real Property Records, Denton County, Texas; Thence North 17 degrees 2 minutes ~ 8 seconds hest} along a east line of said 9.3 sore tract, a distance of 312.65 feet to a point for a corner; Thence North 3Q degrees 52 .inutes 42 seconds East, along a east line of said 9.36 acre tract, a distance of 1.a0 feet to a point for a corner; Thence North 13 degrees 13 minutes 3 a seconds west, slang a east line of said .3 ~ acre tract, a distance of 309.49 feet to a point far a corner; Thence North 7 degrees 23 minutes 27 seconds hest, along a east line of said 9.36 acre tract, a distance of 199.3 feet to a point for a corner on the North line of said 9.36 acre tract; ~D Thence North 88 degrees 27 minutes 27 seconds West, along the north line of said 9.366 acre tract, a distance of 124 feet to a point for a corner on the east line of PR 2718; Thence South, along the east line of PR 2718, a distance of 786 feet to a point for a corner on the north line of a called 65.149 acre tract as described in the deed to Edwin and Nancy Pickett from Jeffery A and Desiree B. Gutknecht, being recorded in Volume 4428, Page 1439, Real Property Records, Denton County, Texas; Thence South 88 degrees 36 minutes 49 seconds East, along the north line of said 65.149 acre tract, a distance of 169 feet to a point for a corner and being the northeast corner of said 65.149 acre tract. Thence South 01 degrees 19 minutes 14 seconds West, along the east line of said 65.149 acre tract, a distance of 1,467.54 feet Thence North 87 degrees 10 minutes 37 seconds West, along the south line of said 65.149 acre tract a distance of 890.70 feet to a point for a corner; Thence North 87 degrees 32 minutes 03 seconds West, along the south line of said 65.149 acre tract a distance of 961.66 feet to a point for a corner; Thence West, along the south line of said 65.149 acre tract a distance of 206 feet to a point for a corner on the north line of Saul Road; Thence South 55 degrees West, across said Sauts Road a distance of 118 feet to a point for a corner on the south line of said Sauls Road; Thence West along the south line of said Sauls Road a distance of 301 fee to a point for a corner and being on the east line of a called 41.449 acre tract as described in the deed to Tom and Mandy McCutcheon, being recorded in Volume 5265, Page 5057, Deed Records, Denton County, Texas; Thence South 03 degrees 48 minutes 14 seconds West, along the east line of said 41.449 acre tract a distance of 2,640.34 feet to a point for a corner in the north line of Elm Bottom Circle; Thence North 85 degrees 55 minutes 04 seconds West, along the north line of said Elm Bottom Circle and the south line of said 41.449 acre tract a distance of 766.19 feet to a point for a corner on the north line of said road and being the southwest corner of said 41.449 acre tract and being the southeast corner of a called 22.366 acre tract as described in the deed to Julia Fern Nicodemus, being recorded in Volume 5201, Page 2560, Deed Records, Denton County, Texas; Thence North 86 degrees 40 minutes 40 seconds West, along the north line of said Elm Bottom Circle and the south line of said 22.366 acre tract a distance of 762 feet to a point for a corner and being the northwest corner of a called 1.885 acre tract as described in the deed to Henry L. Vaughn, Sr. and wife Carolyn H. Vaughn, being recorded under County Clerk's File Number 2004-119851, Real Property Records, Denton County, Texas; 11 Thence South 02 degrees 24 minutes 43 seconds West, along the west line of said 1.885 acre tract, a distance of 415.50 feet to a point for a corner and being the southwest corner of said 1.885 acre tract; Thence North 76 degrees 18 minutes 06 seconds East, along the south line of said 1.885 acre tract, a distance of 225.81 feet to a point for a corner and being the southeast corner of said 1.885 acre tract and being on the west line of a called 10.0001 acre tract as described in the deed to Joseph M. Strittmatter and wife Marla A. Strittmatter, be recorded in Volume 5301, Page 5281, Denton County, Texas; Thence South 01 degrees 09 minutes 45 seconds West, along the west line of said 10.0001 acre tract, a distance of 267.25 feet to a point for a corner and being the southwest corner of said 10.0001 acre tract; Thence South 87 degrees 51 minutes 54 seconds East, along the south line of said 10.0001 acre tract a distance of 654.22 to a point for a corner, and also being the southeast corner of said 10.0001 acre tract and being located on the east line of Lot 1, Block 1, of the Clear Ridge Addition, being recorded in Cabinet R, Page 260, Plat Records, Denton County, Texas; Thence South 01 degree 59 minutes 11 seconds West, along the west line of said Lot 1 a distance of 1,564.75 feet to a point for a corner being the southeast corner of said Lot 1, said point being in Clear Creek; Thence along the southern boundary of said addition, and within the meanders of Clear Creek the following twenty-two bearings and distances: South 70 degrees 51 minutes 01 seconds East, 708.72 feet; South 60 degrees 27 minutes 45 seconds East, 325 feet; North 85 degrees 56 minutes 25 seconds East, 537.62 feet; North 37 degrees 07 minutes 29 seconds East, 203.66 feet; North 01 degrees 03 minutes 20 seconds East, 450.53 feet; North 89 degrees 05 minutes 56 seconds East, 449.23 feet; South 37 degrees 31 minutes 28 seconds East, 136.08 feet; South 09 degrees 16 minutes 55 seconds East, 194.18 feet; South 14 degrees 54 minutes 31 seconds East, 225.00 feet; South 06 degrees 33 minutes 49 seconds East, 258.46 feet; South 33 degrees 44 minutes 54 seconds West, 272.00 feet; South 08 degrees 33 minutes 20 seconds East, 148.00 feet; South 60 degrees 48 minutes 48 seconds East, 230.00 feet; North 65 degrees 00 minutes 37 seconds East, 662.74 feet; North 71 degrees 09 minutes 55 seconds East, 321.07feet; North 50 degrees 06 minutes 07 seconds East, 163.52 feet; South 87 degrees 28 minutes 50 seconds East, 105.00 feet; South 87 degrees 07 minutes 53 seconds East, 100.00 feet; South 45 degrees 27 minutes 48 seconds East, 333.50 feet; 12 South 66 degrees 18 minutes 45 seconds East, 172.00 feet; South 59 degrees 31 minutes 12 seconds East, 420.00 feet; South 67 degrees 40 minutes 21 seconds East, 209.56 feet and being the southeast corner of said addition and a northeast corner of a called 207.54 acre tract to the City of Denton, being recorded under County Clerk's File Number 00-0004186, Real Property Records, Denton County, Texas; Thence South 01 degrees 18 minutes 04 seconds West, along the east line of said 207.54 acre tract a distance of 2,956.98 feet to a point for a corner; Thence North 89 degrees 07 minutes 34 seconds East, along a north line of said 207.54 acre tract a distance of 579 feet to a point for a corner on the west line of Hartlee Field Road; Thence South 02 degrees 58 minutes 57 seconds West, along the west line of said road a distance of 2,213 feet to a point for a corner on the north line of said road; Thence West, along the north line of said road a distance of 8,108 feet to a point for a corner; Thence South 56 degrees West, continuing along the northerly line of said road a distance of 302 feet to a point for a corner; Thence West, continuing along the north line of said Hartlee Field Road, passing at 2,535 feet the transition point to the north line of Woodlands Hills Drive and continuing along said Woodlands Hills Drive a total a distance of 2,990 feet to a point for a corner; Thence South, along the west line of said Woodlands Hills Drive a distance of 194 feet to a point for a corner on the south line of a called 3.599 acre tract, as described in the deed to Buddy F. Dobson and Bessie Lou Dobson from Walter E. Parker and Mildred Parker being recorded in Volume 654, Page 214, Deed Records, Denton County, Texas; Thence North 87 degrees 43 minutes 00 seconds West, a distance of 617 feet to a point for a corner, said point being a southwest corner of a called 1,083.5749 acre tract, as described in the deed to Donald J. Carter and Linda Jo Carter from Home Interiors & Gift, Inc., being recorded under County Clerk's File number 94-R0065442, Real Property Records, Denton County, Texas; Thence North 87 degrees 26 minutes 09 seconds West, a distance of 1,164 feet to a point for a corner on the existing city limits line established by said Ordinance 74-36, said point being 500 feet east of the and perpendicular to the centerline of Farm to Market Road 428; Thence North 31 degrees 15 minutes 00 seconds East, along the east line of the existing city limits line established by said Ordinance 74-36 a distance of 3,698 feet to a point for a corner and being the northeast corner of the existing city limits established by said Ordinance 74-36; Thence North 86 degrees 27 minutes 40 seconds West, along the north line of the existing city limits established by said Ordinance 74-36, and passing at a distance of 584.85 the centerline of said Farm to Market Road 428 and continuing same course for a total distance of 1,169.70 feet to the POINT OF BEGINNING and containing in all approximately 5,768 acres of land. 13 tip: Lil.: FLL Um Emma- s~ 0 r LOCATION MAP 14 EXHIBIT "B" CITY OF DENTON ANNEXATION SERVICE PLAN FOR A05-0002 (North Denton Annexation) 1. AREA ANNEXED The Planning and Development Department is processing an involuntary annexation for approximately 5,800 acres of land generally located between the City's current northern city limits and Lake Ray Roberts along both sides of FM 2153 and FM 428 north of Hartlee Field Road in the northeastern area of the City of Denton Extraterritorial Jurisdiction (ETJ). II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021, 43.065, and 43.065(b)-(o) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density. Ill. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection, Code Enforcement, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment. Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation. B. Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation. The estimated emergency response time in this area is 10 minutes, which is similar to responses for surrounding properties within the city limits. The City of Denton will provide emergency medical services ("EMS"). D. Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County shall be maintained by the City of Denton on the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic control devices will be maintained by the City of Denton on the effective date of the annexation. 15 E. Parks and Recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan. No parks are currently located within the proposed annexation area. Denton neighborhood park facilities are located within reasonably close distance of the proposed annexation area. Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs. F. Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maintained throughout the city. G. Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. Both services are provided on a "cost recovery" basis, and permit fees offset the costs of services delivered. Incomplete construction must obtain building permits from the Building Inspections Department of the City of Denton. H. Planning and Development Services Planning and development services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of the Development Code, concerning subdivision and land development regulations. City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tracts contain Rural Areas, Existing Neighborhood/lnfill Compatibility Areas, and Neighborhood Centers. The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as environmental and open space corridors. The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed. 16 IV. UTILITY (RATEPAYER) SERVICES A. Solid Waste Collection The City of Denton is the exclusive residential and commercial Solid Waste service provider within Denton's city limits. The City Ordinance requires Solid Waste services for all residences and commercial businesses located in the City. The City of Denton Solid Waste Department is fully funded through the service fees charged, and receives no funding from city tax revenues. Solid waste refuse collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. All residential homeowners and commercial businesses should telephone the City of Denton Solid Waste Customer Service Department at 940-349-8787 to initiate service. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Service prior to receiving service. Residential Solid Waste Services Each residential address will be provided a 96-gallon wheeled refuse cart, which will be serviced one time per week. Residents are required to place their refixse cart(s) at the curb prior to 7:00 a.m. on their collection day. Carts should be placed at the curb for collection no earlier than 6:00 p.m. the evening prior to their collection day. Carts are to be removed from the curb no later than 6:00 a.m. on the day following their collection day. All refuse placed in the cart for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the cart with the lid closed will not be collected. Additional carts may be provided for an additional monthly charge. Weekly yard waste service is provided. Weekly curbside recycling services are provided by Trinity Waste Services. Contact Trinity at 1-500-766-1758 to obtain curbside recycling information. Each residential customer's refuse cart service, curbside-recycling service, and yard waste service will occur on the same day each week. Please telephone Customer Service, 940-349-8787, to find out which day your refuse, yard waste, and recyclables will be collected. Commercial Refuse Service Each commercial business will be provided with a commercial container(s), which are available in a variety of sizes and frequencies of collection, based on the waste type and volume generated. All refuse placed in the container for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the container with the lid closed will not be collected. Refuse placed outside the container is subject to code enforcement regulations, including potential fines. ;17 Landfill Service The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For information regarding disposal charges, call the Landfill Office at 940-349-7510. B. WaterlWastewater Facilities The annexation area is along the northeastern border of the City of Denton. Based on current data, there is a 54-inch waterline along FM 2153 and FM 428. The annexation property is located within Denton's wastewater Certificate of Convenience and Necessity (CCN), which is a utility service area permit authorizing a specified utility to be the retail service provider. The water CCN holders for the annexation property include the City of Denton, Bolivar Water Supply Corporation and Green Springs Water Supply Corporation. Currently, the area to be annexed is provided water service by Bolivar Water Supply Corporation, Greens Springs Water Supply Corporation or private water wells. Wastewater service is provided by individual private onsite wastewater systems (septic tanks and aerobic spray irrigation systems). A major City of Denton waterline exists within the annexation area. Water service is available from this transmission pipeline at designated connection points that were designed into the pipeline. In so far as fire flows cannot be provided by other service providers, the City has the capacity to provide such services from existing waterlines, in conformance with standard extension regulations and rules at the initial expense of the property owners, subject to and consistent with the City's participation policies, Tex. Loc. Gov't Code Ch. 395, and the City's impact fee regulations. The southern part of the annexed area may be served by a major sewer collection main traversing the area east to west. The collection main has been designed to carry approximately 1 MGD and will connect to the City's existing treatment facilities by lift station. The City anticipates that construction of this facility will be completed within 16 months. This facility will serve property within the Milam Creek drainage basin. The City of Denton has current plans to construct a new wastewater treatment plant in the Clear Creek watershed to provide wastewater service to this portion of their wastewater CCN. The City has acquired a site for the treatment plant that lies within the annexed area. The City has obtained a wastewater discharge permit from the TCEQ for this facility and engineering on plant design is near completion. The project includes a major east-west wastewater collection interceptor that will serve a portion of the annexed area. The project funding is in place. Other than service provided by this interceptor, the city has no 18 inforrnatian concerning the timing of proposed developments that will necessitate provision of such facilities in years. p The Cit thus shall provide level afwater and wastewater service, infrastructure, i and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure rriaintenance available in other parts of the city x with too a h ,land use, and population density similar to those reasonably . ppy . canteen laced ar projected in the area. however, upon rec1pt of ~nformat~on p annot identi 'n the tinning of proposed develaprnents in the annexed area that c i ~ be served b the east-west collection main, the City will mend its service plan tv Y rovide far wastewater treatment and collection franc the planned system. p facilities sa as to enable delivery of services to the proposed developments in. acCa~d~nc~ existing p~`actlCe, water and wastewater mains shall be extended as development occurs within the area in conformance with standard extension regulations and moles at the initial ex ease of the raperty owners, subject to and consistent with the City's p artlcl atlan olicies, Tex. hoc, Gov t Code ch. 395, and the City s impact fee ~ ~ ~ . regulations. . ~~~l~l~~~ ~~"4~'1C~~ l~raina e maintenance wi11 be provided to the property upon the effective date of i ~ ~ the annexation. The City shall provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and inf~'astructure maintenance available in other parts of the city with too phy, land use, and population density similar to those reasonably p contemplated ar projected in the area, Il. electrical services Denton Municipal electric is not certi~ed by the State to pro~ride electric utility service to the annexation area, ~aeyond lrn Bottain Circle should a request be rrrade by a property owner. . NTH ER~IC~ Other services that a be ravided by the City, such as municipal and general y p . administration will be made available on the effective date ~f the annexation. The Cit shall ravide a level of services, infrastructure, and infrastructure maintenance y p that is comparable to the level of services, infrastructure, axed infrastructure maintenance available In other parts of the City with topography, land use, and a ulatian densit similar to those reasonably contemplated or prof ected in the area. pp y I. CAPITAL IIVIPItO~E~I~T PR~RA~VI SIP No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services equal to other areas within the City; having similar characteristics of topography, land use and o elation density. Thus, na construction of public iproven~e~its ~ pp conten~ fated as a result of this a~anexation that would begin thin o and half p 'I~ ears aver the effective date of the a~ir~exation. The pity shall caia1der construction of other ublic i.provements a the needs dictate on the same basis as ~ ~ . ~ such ublic ~nl ravement are considered throughout the i~~ for areas having similar ~ ~ characteristics of topography, land use, and papulatiari derisity. ~"I~, ~1~~~~~I LEVEL ERV~C~ MAC NAT B~ 1~E Ullt~~ l~athin in this lari shall require the pity to provide a uiaiform level of full municipal p ~ . services to each area of the pity, including the annexed area, if different characteristics of too aphy, laid use, and population density are considered a P uff~elent basis for providing different levels of service. vr~~. This service fan shall be valid for a term often X10} years. ~eneal of the service p plan shall be at the discretion of pity council. I~. AEI~~]N~~l~'T The service fan rria~ be amended if the pity council determines at a public hearing P that char ed conditions or subsequent occurrences rarial~e this service plan unv~orl~able ~ . or obsolete. The it council n1a~ amend the service plan to coriform to the changed Y conditions or subse cent occurrences pursuant to Texas Laval government bode, section 43.~~ ~Vernari upp~ Z~~~}. 2a ATTACHMENT 6 CondenseIt" Page 5 Page 7 1 COMMISSIONER sTRANGE: The next item on the 1 plant along Hartlee Field Road, which is right here. 2 Agenda are public hearings. I would remind anyone in the 2 City Council have held two public hearings 3 audience who wishes to speak for or against any item that 3 for this purpose. The first one was on October 4th, The 4 is on the public hearing Agenda should have filled out a 4 second one was on October 11th and on Monday, October 5 yellow card which are available outside and hand those in 5 10th, we had a neighborhood meeting. A revised service 6 at the front. If you do not have a card filled out on any 6 plan has been handed to you during the work session. The 7 particular item, you will not be allowed to speak. 7 staff is available to answer any questions that you may 8 The first item on the Agenda tonight is the 8 have. 9 involuntary annexation and service plan for approximately 9 COMMISSIONER HOLT: Ms. Carpenter, did you 10 5,800 acres and because of the potentials of a personal 10 want to address 11 conflict of interest, I'm going to recuse myself from 1 I MS. CARPENTER: t just want to add one 12 participation in the discussions or any voting and will 12 point to Ms. Viera's fine presentation and that is that 13 turn it over to Vicky Holt, Vice-Chairman to handle this 13 the dNc Partners has made no application for development 14 item. 14 to the City of Denton. There's no application for any 15 COMMISSIONER HOLT: we're going to hold a 15 kind of development pending. What they have done is 16 hearing on North Denton Annexation. Consider malting a 16 initiated the process for a water control improvement 17 recommendation to the City Council concerning an 17 district, so there is no development application of any 18 involuntary annexation and service plan for approximately 18 kind pending. 19 5,800 acres. The property to be annexed is generally 19 COMMISSIONER ROY; The revised service plan 20 located at the northeast corner area of the City of 20 that was handed to us tonight, I haven't had a chance to 21 Denton's extraterritorial jurisdiction. 21 read it. Could you summarize the major changes between 22 We will now have the first person oh, 22 what was in the packet and what the revised 23 I'm sorry. Open public hearing. Staff will make the 23 Ms. viERA: The revisions to the service 24 first presentation. 24 plan relates to water water waste water services in 25 MS. VIERA; Good evening, Commission. 25 the area. Page 6 Page 8 1 Before you is involuntary annexation for approximately 1 COMMISSIONER ROY: waste water services? 2 5,800 acres located north of Hartlee Field Road along the 2 MS. VIERA: Yes. 3 FM 428 and FM 2153 Corridor. As a point of clarification, 3 COMMISSIONER HOLT: Thank you. We will now 4 the item under consideration tonight only relates or 4 open the public hearing. I will call two names at a time. 5 pertains to the annexation process. The zoning component 5 If the first person will come up, the second person will 6 of this annexation will be scheduled on a later date. And 6 come and sit in the chair at the front, that will help us 7 a public hearing will be held for that purpose. 7 a little bit, The first person is Matt Miller. The 8 Approximately 60 residential units, a 8 second person is Mark Hannah. 9 church, a convenient store, a city water treatment plant, 9 MR. MILLER: commissioners, I appreciate to and associated infrastructure is included within the 10 the opportunity to speak to you tonight. My name is Matt 1 I annexation area. As you may have read in the newspaper, a 11 Miller. I'm with the law firm of Hughes and Luce. We 12 1,900 acre development have about proposed in the Craver 12 represent mtc Partners, Denton, LLC. I was here to talk 13 Ranch Development, which is located primarily on the blue 13 to the City Council last night and I will briefly 14 parcels right here. 14 reiterate what we said to them and then I will discuss 15 The staff has been informed that 15 some what we perceive to be deficiencies with the 16 approximately 7,500 residential units, multiple school 16 service plan and leave it at that. 17 sites, multi-family and commercial units will be part of 17 The point that 1 made to the City Council 18 that proposed development. The purpose of this annexation 18 last night that I want to reiterate here is the Texas 19 is for a strategic planning. The annexation will allow 19 Legislature intended in 1999 for annexations in this State 20 the City to not only control the land uses of this area of 20 to be orderly and predictable. They established a 21 the ETJ but also to bring into the City the existing water 21 three-year planning requirement for annexations and under 22 treatment plant and an associated 54-inch water line that 22 lobbying From TML, they put in some exceptions to that 23 runs along the Burger Road, jogs into 2153 and goes back 23 three-year planning requirement. The the exceptions to 24 on 428. Also, will allow to bring the City the site where 24 that requirement have become the rule in this State. And 25 the City had decided to construct waste water treatment 25 almost all cities now annex almost exclusively under the PLANNING AND ZONING MINUTES OCTOBER 12, 2005 Page 5 - Page 8 CondenseIt" Page 9 Page I 1 1 H-1 exception that is 43.052H(1) of the Local Government 1 annexation plan states that residents in the area will be 2 Code to the three year planning requirement, 2 required will be required to pay for the extension of 3 Your annexation is an H-1 annexation, And 3 water and waste water services to them in the annexed 4 when TML lobbied to have that that exception put in, at 4 area. 5 the same time the Legislature included provisions for 5 Section 43.056F2 of the Local Government 6 landowners to challenge such an annexation. And they did 6 Code prohibits cities from requiring people in the annexed 7 that by including Subsection I of that Section which 7 area to pay for infrastructure that the City is going to 8 allows landowners to request that the City include the 8 be providing as a result of the annexation. So we would 9 annexed area in the City's three-year plan prior to 9 respectfully request that the annexation plan be amended 10 annexation. My clients have made such a request. There 10 to correct these and other deficiencies. I'm available to 11 was a letter delivered to the City. I have copies of it I 1 answer any questions, but I appreciate the opportunity to 12 if you'd like. 12 speak tonight. Thank you. 13 When that request is denied, the landowner 13 COMMISSIONER HOLT; Mark Hannah, and then 14 has the right to request arbitration with the City. And I 14 Bessie Lou Dobson. 15 believe we have good good case precedent saying that 15 MR. HANNAH: I'm Mark Hannah. Ladies and 16 the landowner can request that arbitration. The City has 16 gentlemen of the Commission and staff, I'm sure that 17 to fund the arbitration, and the arbitrator will 17 you've heard what we've talked to as far as the Council is 18 ultimately decide whether or not the H-1 annexation 18 concerned, as far as our town meetings are concerned, as 19 constitutes an abuse of the annexation authority, And we 19 far as the objections. I'm in the property that's, 1 20 believe that it does. A lot of that is the City Council's 20 think, on your map 23 and 25 even though somebody else is 21 ultimate decision, but I at least wanted to make you aware 21 shown on some of that property. 22 of the arguments we presented to them. 22 I'm expressly asking you to delete that 23 I also wanted to speak briefly tonight on 23 piece of property and the others. From what the City has 24 what we perceived to be some deficiencies with the 24 told us as far as the annexation is concerned, the 25 annexation plan that has been presented. The first 25 their proposed or their purpose is for future development Page 10 Page 12 1 deficiency is that the plan is going to dilute existing 1 of which is what they're considering of Craver Ranch. I 2 services within the City of Denton. That violates Section 2 believe that all they'd have to do as far as annexation if 3 43.056173 of the Texas Local Government Code, which states 3 they want to take in the Craver Ranch would be 1,000 foot 4 that an annexation plan cannot dilute existing city 4 strip up to the Craver Ranch and I don't see any 5 services. 5 necessarily to take in a lot of other proposed land that's 6 Reports that were prepared by your own 6 not going to be developed. 7 staff indicate that the current plan wouldn't have such a 7 It is going to cause some problems for the 8 diluting effect. For instance, the police department has 8 - myself and some other of the individuals that are 9 noted that the annexation would require five additional 9 living in that property as far as their rural-type living. 10 police officers and five additional patrol cars as well as 10 I'm not sure exactly what your role is going to be overall 11 one new Code Enforcement Officer and one new Animal 11 as far as the City Council's concerned. 12 Control Officer to service the annexed area. 12 We do have concerns or I have concerns 13 And the Police Department's report notes 13 as far as if this is annexed, I'm sure that I will be 14 that if these new officers are not put on duty, it would 14 given agricultural as it remains now. But I believe 15 have the effect of diluting existing City services. 15 that's already what, two, five, whatever your designation 16 That's a violation of the Local Government Code and we 16 is and under those I still believe that I've got a 17 believe the annexation plan should be amended to correct 17 problem with discharging firearms, fireworks, trash IS that, 18 burning, limiting the number of pets and stuff that I have 19 Also, the library estimates that an 19 previously been allowed to do and see no reason that that 20 additional $150,000.00 is necessary to serve the new 20 needs to be taken away. 21 residents that will be brought in as a result of this 21 I would respectfully request that if you're 22 annexation. 22 going to the City with any type of recommendations that 23 The annexation plan doesn't provide for any 23 some of this land be taken away from the annexation and 24 new funding for library services. Again, that's a 24 not annexed at this time. Thank you. 25 violation of the local Government Code. And finally, the 25 commissiONER HoLT; Thank you. Ron Carter. PLANNING AND ZONING MINUTES OCTOBER 12, 2005 Page 9 - Page 12 Condenselt ` Page 13 Page 15 1 MS. DOBSON: I've got to get this where I 1 So I would respectfully continue to state 2 can see it. Planning and Zoning Commission, my name is 2 that. If that is not for some reason, I would ask that we 3 Bessie Lou Dobson. My husband, Buddy Dobson and I live at 3 do continue to be zoned in an agricultural fashion, that 4 5547 Woodland Hills Drive. We are number 16 on the 4 we could continue to enjoy our livelihood and our children 5 proposed North Denton Annexation map and we oppose this 5 could continue to shoot their firearms or fireworks and 6 annexation. 6 enjoy the property that we moved out there and built a 7 COMMISSIONER HOLT: Excuse me, Ms. Dobson, 7 home on for that purpose. Thank you. 8 could you give us your name and address, please. 8 MR. LYNCH: Good evening. My name is 9 MS. DOBSON: I just did that. 9 Merwyn Lynch. I reside at 5437 Green Valley Circle in 10 COMMISSIONER HOLT: Okay, 10 Aubrey. And some of you I've seen and some of you have 11 MS. DOBSOM But it's Bessie Lou Dobson 11 heard me talk and give my position, but I just want to 12 anyway. You already knew that. Of the 22 houses on the 12 reaffirm where I stand. I'm a farmer/ranch operator and 13 north/south portion of Woodland Hills Drive, our property 13 you've got properties 36 and 37 drawn up in this. My 14 is the only one included in this annexation. We have 14 particular residence is more than 1,000 feet off of 428. 15 always been considered a part of the Woodland Hills 15 And the only thing that I could see that the City is 16 Addition by providing a place to meet both in our home and 16 getting out of this is tax revenue. 17 barn facilities. This annexation would clearly separate 17 And I just wanted to state for the record 18 us from our neighborhood. 18 that I want my residence removed from this. I understand 19 Our north boundary line could be followed 19 part of the farm falls in this 1,000 feet. If that cannot 20 instead of the south line. This would not separate us 20 be removed also, at least get my residence out of it, and 21 from our neighborhood that we have been a part of since 21 I also have a neighbor just north of me that's just got a 22 1981 At a public meeting on Monday night, my husband 22 couple of acres and they're on the north side of me. 23 talked to a Councilwoman about removing our property. She 23 They're 1,000 foot out of it. I'd like to see them out of 24 suggested we contact Deborah Viera at the City Hall. 24 it, too. 25 According to Deborah, our being excluded would not hinder 25 I love what I do. I spent a lifetime Page 14 Page 16 1 the 1,000 foot rule of the annexation plan. I putting together what I have to do what I want to do. And 2 We have owned our three and a half acres 2 this is what I do for a living. And my family and myself, 3 since 1968. We worked and saved to build our home in 3 we don't need any more pressures with higher tax rates. 4 1982, and continue to live here today. We, are both Denton 4 We're all going to be hit with higher fuel bills. It's 5 County natives and are now retired. And I gave you a 5 already here. We're going to be hit with it this winter. 6 sheet of paper that shows our place. Thank you. 6 And I'm just I'm just stressed out on the taxation and 7 COMMISSIONER HOLT: Thank you. Merwyn 7 the cost of living and all I want to do is just keep what 8 Lynch. 8 I've got in place as a whole. 9 MR. CARTER: Ladies and gentlemen of the 9 And another thing that I would like to 10 Commission, my name is Ron I'm sorry. 10 recommend is later on maybe in the in the future, dawn I I COMMISSIONER HOLT: Give us your name and 11 the road, when you go into take an annex on places, there 12 address, please. 12 are people involved that are going to be apposed to it, 13 MR. CARTER: My name is Ron Carter. I 13 and my biggest part of it is that we've lost a lot of 14 reside at 4105 Hartlee Field Road. I am number 8 on the 14 farms in Denton County in a period from 1997 to 2002, this 15 map, the light blue. I also the map is not correct. I 15 County has lost 17 working farm ranch operations with 16 purchased an additional 530 acres back in May for my 16 acreage between 260 and 499 acres. And these are ranches 17 father, Don Carter. 17 that people had to make a living on. And I'd just like to 18 None of my property is within 1,000 feet of 18 see some conservation done when we go out and do this. 19 428. I had previously requested that the Council at the 19 Thank you for your time. 20 prior briefing exclude me from this. I would continue to 20 COMMISSIONER HOLT: Thank you. Buddy 21 request that respectfully. As has been previously said 21 Dobson does not want to speak but he is in opposition. 22 here, I'm not within 1,000 feet of 428. My property has 22 And Serena Daugherty does not want to speak 23 nothing to do with controlling the property along 428 for 23 and says the people in this area choose real life. There 24 the future tollway and has nothing to do with controlling 24 are family farms and lives involved here. They do not 25 the Craver Ranch. 25 need the added taxes and zoning codes for the City of PLANNING AND ZONING MINUTES OCTOBER 12, 2005 Page 13 - Page 16 CondenseIt" Page 17 Page 19 1 Denton' I originally opposed suggested and then go over to Craver 2 Does anyone else want to speak? We need to 2 Ranch and that was a more sensible solution. There is 3 fill out a card, if you will get him a card, 3 another opportunity. You can give the community a 20-year 4 MR. DOWN: Sorry. I arrived late. My name 4 tax break, annex these developments and tax them as they 5 is Harry Down. I live at 9325 FM 428 and bordered by FM 5 come in. But I do want to be taken off of that list and 1 6 428, Green Valley Circle and Warschun Road. I own the 6 want my mother Emma Bingham taken off that list. Thank 7 biggest part of that triangle. I've already voiced my 7 you. 8 objections to the proposed annexation at the last two 8 COMMISSIONER HOLT: Thank you. Any more 9 public hearings by the City Council regarding this matter. 9 cards? Anyone else wish to speak? We'll close the public 10 And have also submitted these same objections in writing 10 hearing. Commissioners, is there any discussion? 11 to this Commission. I presume you have read them, 11 COMMISSIONER ROY: I'd like to ask a couple 12 hopefully. So, I will not further belabor these bones of 12 of questions of staff or legal. Number one, my first 13 contention. 13 question is to legal. There was a suggestion that there's 14 The City has made some vague references to 14 some issue with regard to the legality of what we're 15 City services that will be provided in the future. We 15 doing. I assume that this Commission is to not concern 16 already have these services without City taxes. In 16 ourselves with that, that that is being, that the City 17 addition, we have the peace and quiet of a country 17 directs us not to consider that issue; is that correct? 18 atmosphere without the onerous regulations that will be 18 LEGAL: we have reviewed those legal issues 19 imposed upon us. 19 very specifically. And, in fact, we disagree with them, 20 It appears that the City is going to 20 In fact, the State law specifically allows for annexation 21 proceed with this annexation regardless of the objections 21 of sparsely populated areas without the necessity of 22 of the majority of the residents and landowners affected. 22 placing the properties into a three-year annexation plan. 23 1 would like to offer a suggestion for a possible solution 23 So insofar as the cotninents were made that the City is 24 to these differences of opinion. 24 somehow evading the law or the intent of the Legislature 25 In the past, the City has offered and 25 in doing so it is our opinion that not only do we disagree Page 18 Page 20 1 granted tax abatements to industries proposing to locate 1 with it, but it's just flat false that the Legislature has 2 in Denton. Perhaps a three to five year tax abatement or 2 specifically spoken to that and is very clearly stated in 3 at least some abatement until the City provides the 3 the Texas Local Government Code. 4 alluded services to this area. 4 coMMlssioNI;R Roy: okay. My next question, 5 The 60 or so landowners affected probably 5 perhaps, is directed to staff. There was some discussion 6 do most of their shopping in Denton and contribute a lot 6 about 1,000 foot line or area. Could you explain that? 7 of money to the economy in the form of goods and services 7 What does that mean? 8 and sales taxes. We're entitled to some consideration 8 MS. CARPENTER: I,ll be happy to, Mr. 9 other than what's being offered. Thank you. 9 Chairman. The statute that on annexation requires that 10 COMMISSIONER HOLT: Thank you. Okay. We 10 the point that the annexation area be at least 1,000 11 have received these cards and they do not want to speak. 11 feet wide. And in looking at that, coining up the 428 12 Carolyn Vaughn, in opposition. Sharon Riddle in 12 Corridor, for example, that would sever slices off of the 13 opposition. Walter Ray in opposition. Jane Ray in 13 parcels that are shown on this map. And the Council's 14 opposition. Robert Jenkins in opposition. And Lisa 14 direction to the staff was to take to recommend the 15 Jenkins in opposition. And here's one more to speak, Wady 15 whole parcel be annexed rather than than taking slices 16 Hilton. 16 off to make the 1,000 feet. 17 MR. HILTON: I'm Wady Hilton. I live at 17 COMMISSIONER ROY: I'll continue with my 18 5575 Green Valley Circle. I'm the one of the neighbors 18 questions. There was an idea suggested about tax relief 19 next to Merwyn. We've lived there I've lived there 19 or a tax abatement. Is there any legal precedent or any 20 ever since I was 16 years old. And I am opposed to this 20 practical precedent that we have seen that type of action 21 annexation. I think it could be handled there's more 21 taken? 22 than one way. Like one of the people was talking about a 22 LEGAL: There's no statutory authorization 23 couple of meetings ago, but the City Council seems to 23 to allow for a tax abatement for newly annexed areas. And 24 annex everybody through there, the 1,000 feet and so on. 24 in fact, there would be a Constitutional problem with 25 They can go back up the greenbelt like they 25 unequal taxation. PLANNING AND ZONING MMUTES OCTOBER 12, 2005 Page 17 - Page 20 CondenseIt" Page 21 Page 23 1 COMMISSIONER HOLT: I have a question for 1 So the default zoning on this property would be RD-5, 2 legal. What are the criteria that we should be using 2 which is the City's cities lowest zoning, its least dense 3 tonight to make our decision? 3 and its more rural category. 4 LEGAL: Okay. The reason why this this 4 At some point after the annexation is 5 issue is before the Planning and Zoning Commission, let me 5 approved by the Council then there would be a zoning case 6 back up just a little bit. The requirements that relate 6 that would come forward and it may or may not be 7 to annexation are set forth generally in Chapter 43 of the 7 accompanied by a Comprehensive Plan Amendment as well. 8 Texas Local Government Code. There are a number of 8 COMMISSIONER GUZMAN-RAMON: okay. Thank 9 different provisions in there, 9 you. 10 The annexation that is germane to this 10 COMMISSIONER HOLT: Is there more 11 particular annexation case are contained in Section C-1 of 11 discussion? 12 the Texas Local Government Code and in that section there 12 MS. CARPENTER: I'm watching her board if 13 are procedural requirements to be carried forth including 13 you want to do it that way. 14 a requirement of at least two public hearings. Denton's 14 COMMISSIONER HOLT: Well, is there a 15 procedures are set by its own Charter to exceed those 15 motion? Mr. Roy. 16 statutory requirements such that the Charter requires that 16 COMMISSIONER ROY: The answer we received 17 the Planning and Zoning Commission consider and have a 17 from legal about the criteria was well, there must be 18 public hearing on an annexation proposal and issue a 18 some advice that we somebody can give us on this and we 19 recommendation to the City Council. Again, this is in 19 can see either health, safety and welfare or it is the 20 excess of the statutory requirements that are provided by 20 greater good. There's got to be some guidance that 21 State law. 21 somebody can give this Commission. This is this is a 22 Now, just sort of in terms of general 22 very difficult case. 23 principles, the authority of a home rural city to conduct 23 COMMISSIONER HOLT: Ms. Carpenter. 24 the annexation is likewise provided in Chapter 43 at 24 MS. CARPENTER: Ms. Chainnan. 25 43.021 that a home rural city may make the following 25 COMMISSIONER ROY: so I would appreciate Page 22 Page 24 1 actions according to the rules as may be provided by the 1 some help from our professional staff here. 2 Charter of the municipality and not inconsistent with 2 MS. CARPENTER; I'm going to share, with you 3 procedural rules prescribed by this Chapter to fix the 3 some information that was shared at the neighborhood 4 boundaries of the municipality, to extend the boundaries 4 meeting that was held on Monday. This is our third 5 of the municipality and to annex area adjacent to the 5 meeting on this this week, isn't it everybody; so we've 6 municipality and to exchange area with other 6 been together a long time, haven't we, this week? There 7 municipalities. 7 are good regional planning issues to be used as reasons 8 So really, the authority to annex in this 8 for considering this annexation. The first one and maybe 9 area as far as the City's authority to annex is set forth, 9 Deborah, you can use the curser and show things on the map 10 there's really no specific criteria for the Planning and 10 for me. 11 Zoning Commission to consider in making its recommendation 11 The Craver Ranch people, the !Nc Partners 12 to the City Council tonight. 12 did approach the City with a request to form a water 13 COMMISSIONER GUZMAN-RAMON: Madam 13 control and improvement district which is a financing 14 Chairwoman, I do have a question, I think, for staff. Can 14 mechanism for them to pay for their infrastructure 15 you explain to us again, exactly how the zoning will stay, 15 improvements. The Council has in the past taken a pretty 16 and the zoning those people will be in if we choose to go 16 firm stand about not having those kinds of taxing 17 forward with the annexation? 17 jurisdictions in their ETJ or eventually in the City of 18 MS. CARPENTER: Yes, ma'am. You'll 18 Denton. And there's a number of reasons for that, 19 remember that about a month ago, you recommended to the 19 Secondly, the region including Collin 20 Council and then the Council adapted amendments to Chapter 20 County, Denton County, the North Texas Tollway Authority, 21 16, subchapter 16 of the Development Code. And one of 21 the City of Denton and the COG are looking at an alignment 22 those amendments was that upon annexation, the default 22 that would join the north the North Dallas Tollway at 23 zonin of RD-5 remains in place until a Comprehensive Plan 23 its current proposed terminus at the Collin County line at 24 Amendment if needed and zoning is considered by the 24 428 and run all the way west to an intersection with I-35. 25 Planning Commission and then acted upon by the Council. 25 That potential corridor runs through the center of this PLANNING AND ZONING MINUTES OCTOBER 12, 2005 Page 21 - Page 24 Con&nselfm Page 25 Page 27 1 annexation and variations on that corridor could run as I apologize to Commissioner Roy. I took this the short, 2 far north as Lake Ray Roberts and as far south as Hartlee 2 quick legal answer to your question here. But I think 3 Field Road. 3 that probably the broader question is what justifications 4 The City feels that from a regional 4 are there for the annexations. What are we seeking to do 5 planning point of view, it is our duty and our 5 and in dealing with staff and with the Council on this 6 responsibility to plan for the future of in our ETJ, 6 annexation, the overwhelming theme that comes across with 7 and that having these lands in the City gives us 7 respect to this annexation is that all of these 8 additional authority and credibility in addressing that 8 properties, whether they're on the south side, the north 9 alignment. 9 side, whether they're inside the Craver Ranch, outside the 10 Further, in the northeast portion of the 10 Craver Ranch, whether they're owned by farmers, whether 11 annexation area, there are several parcels on which the 11 they're owned by homeowners, whether they're within 1,000 12 City's water treatment plant sits. It's currently outside 12 feet of the road, whether they're outside 1,000 feet of 13 the City limits. The City has a 54-inch water line that 13 the road, the one thing that all of them have in common is 14 comes out of that plant and runs down 2153 and down 14 that they are all sparsely populated tracts of land. 15 Sherman. The City would prefer to have that alignment in 15 They're largely undeveloped. 16 the City. 16 And the whole purpose of this annexation is 17 Another regional planning issue is that in 17 to control future development. We know for a fact that 18 the southeast portion of the area, the City has planned a 18 development is contemplated in the Craver Ranch. This 19 regional water treatment plant to serve this north portion 19 isn't about Craver Ranch though. It's simply the catalyst 20 of the City's ETI. That water treatment plant is 90 20 that creates the urgency for the action. We know the 21 percent designed. The preliminary permit is in hand. And 21 development is coming. 22 the land is owned. The City is prepared to commence 22 The question is for the City, for the 23 construction of sewer lines further to the west that will 23 people in the audience, for all of us, what are we going 24 be served by an interim lift station that will eventually 24 to do about it? Are we going to stand by passively and 25 be served by this plant. 25 let developers dictate the terms of the development or are Page 26 Page 28 1 The residents the rate payers in Denton 1 we going to take a proactive role in the terns of the 2 have spent upwards of 150 million dollars after the 2 Development? And I think that what I have heard from the 3 decision in 1969 to construct Lake Ray Roberts to put in 3 staff and from the Council is a desire to take proactive 4 the water treatment plant, to put in the 54-inch line. 4 measures to control development, to help ensure that 5 All planning leading toward responsible service to the 5 quality construction goes in, to help ensure that that 6 northeast part of the City's extraterritorial area. 6 and neighborhoods that develop that basic controls for 7 Finally, the other planning reason is that 7 health and sanitation arc followed to ensure that 8 in Counties in Texas, there's no land use authority and no 8 appropriate controls to protect the health, safety and 9 zoning authority. And when a proposal surfaces for an 9 welfare of the residents are in place. 10 alternative financing mechanism such as a water control 10 A lot of what I'm hearing from the I 1 improvement district tied to a development proposal is set 11 residences that, you know, we don't like the issue of the 12 forth in a County, cities and adjacent neighbors often 12 taxation. We don't think that we're going to get the 13 have very great concerns about what land uses would go in 13 services. And so it's definitely you know, I don't 14 there because there are no zoning controls, no land use 14 mean to in any way minimize the very legitimate concerns 15 controls and no building permits are required in the 15 of the residents for their future well-being. 16 County. 16 But we do have a service plan in place that 17 The only authority that the City could 17 that does comply with the legal standards. It does 18 extend should it remain in the County is over subdivision. 18 provide for the future needs of the community. And as 1 19 So the issues of the regional issues of, you know, 19 said, it's simply an issue that the City of Denton is not 20 improvements to 428, what happens to 2153, the the 20 bringing forward the development of this area. We're not 21 outer loop across the middle of the area, all of those 21 trying to push the development of this area. We're not 22 kinds of questions are much harder to deal with when a 22 trying to create the development of this area. It's here. 23 proposal like this remains in unincorporated in the 23 And it's simply an issue of what to do about it. And the 24 unincorporated area. 24 most effective way to deal with it, to plan for it, to 25 LEGAL: if I may add briefly to that. I 25 manage the development in a way that benefits everyone is PLANNING AND ZONING MINUTES OCTOBER 12, 2005 Page 25 - Page 28 CondenseIt"m Page 29 Page 31 1 to go forward with the annexation. 1 I may. If we approve it, it's clear what happens next. 2 COMMISSIONER HOLT: Are there other 2 If we vote against this could you state publicly what 3 comments? Do I have a motion? 3 happens next? 4 COMMISSIONER ROY: Well, I'm struggling on 4 LEGAL: Quite frankly, your recoltnnendation 5 this one. You know, I put myself in the place of the 5 will be considered by the City Council, but in terms of 6 people who are here tonight, and I find it very difficult 6 the legal ramifications, there are none. 7 to to explain to them why this needs to be in the City 7 COMMISSIONER ROY: Doesn't it trigger a 8 of Denton. And then we try to decide, you know, is this 8 certain vote requirement? 9 community of people separate? Should we look at them in a 9 LEGAL: No. 10 separate sense as our own community and not in any way 10 COMMISSIONER ROY: Thank you. 11 interfere with their way of life, specifically their tax 11 LEGAL: It's simply a requirement of 12 rates and stuff like that? And I just don't know that 12 Charter. 13 we're not really all tied together, I mean, based on, you 13 COMMISSIONER HOLT: Mr. Watkins. 14 know, this the development that's taking place. 14 COMMISSIONER WATKINS: My turn? I've only 15 I heard continents that we would not be doing 15 been on the Commission for three years, and this is the 16 this if it weren't for that development I mean, the 16 most difficult thing that I've had to wrestle with. I was 17 development is not the reason why we're doing this, but I 17 fortunate enough to have a private tour of this whole area 18 personally don't believe that we would have it on the 18 by hopefully a friend. It's beautiful country. 1 used to 19 table if it weren't for that development. And I can 19 swim on Clear Creek. I used to fish with my grandfather 20 understand the concerns that the City would have if we 20 on Clear Creek down by Hardee Field Road. 21 allow some development, huge development like this in our 21 1 guess it would be a whole lot easier --1 22 ETJ, built in whatever standards they want to build, and 22 know it would be a whole lot easier if we didn't care. 23 whatever water system and sewer system they want to build, 23 But that's the difference. These are our neighbors. I 24 because eventually, we are going to grow. I mean, we're 24 lost a little sleep over it. The wife and I go each year 25 not going to grow to the south. The City of Denton is 25 to declaration day at Belew Cemetery, Little Elm and Oak Page 30 Page 32 1 going to grow to the north and east and west and that's I Grove and if you haven't been to Little Elm or Frisco 2 one of the strengths of this City is that we're one of the 2 lately I suppose this is what we anticipate happening 3 few cities in this whole area, Lewisville can't, Flower 3 here. 4 Mound can't, Carrollton can't, but we can, Denton can 4 From one declaration day to the next, it's 5 grow because there is this space. 5 amazing the two-story houses that pop up and the roofs 6 But I'm finding it very, very difficult to 6 over the horizons. As I say, this has been the most 7 explain to, you know, the citizens why they need to be 7 difficult thing that I've wrestled with and I don't know 8 annexed other than the fact that we need to get control of 8 that there is a good answer. I do know that we didn't 9 that ranch, that development. 9 bring it forward. But we're stuck with it. And I'm sure 10 So I'm conflicted and I'm not sure what to 10 these people are tired of looking at us and need us to do 11 do just yet. 11 something, Madam Chairman. Thank you. 12 COMMISSIONER HOLT: Thank you, Mr. Roy. I 12 COMMISSIONER HOLT: Thank you. Dr. 13 just had one thing to say about this annexation, One 13 Thibodeaux. 14 thing that troubles me deeply about it is that we have all 14 COMMISSIONER THIBODEAUX: 1, too, am torn 15 read in the papers recently how we have had layoffs in the 15 with this decision. I've really heard compelling 16 City and we are struggling and we are in a holding mode. 16 arguments from both sides, but probably not convincing 17 Well, this is going to push us this is 17 arguments from either side. The open space and the 18 going to push us a lot. And I agree with everything Mr. 18 ability to consider a lifestyle and to have worked for 19 Roy said about Denton growing and we want to be able to 19 that lifestyle. But I don't I'm not hearing enough to 20 manage that growth. But I just don't know if this is 20 the point being the directions of seeing all of the 21 exactly the time to do it. It seems like all of our 21 benefits that will come to the City, though I recognize 22 services are strained at this time. And I just don't know 22 that there's a need to control the growth and to that 23 that this is the time to do that. Other comments? Oh, 23 controlling the growth makes it better for all citizens, 24 I'm sorry. 24 not just the ones that would be involved in the 25 COMMISSIONER ROY: A question for legal if 25 development, but for the existing citizens as well. PLANNING AND ZONING MINUTES OCTOBER 12, 2005 Page 29 - Page 32 CondenseIt"4I Page 33 Page 35 1 So I think we're all in the position of 1 2 seeing both of those arguments, And but it does not 2 3 if I can with that statement, make sure I'm clear on 3 4 what happens at Council, it doesn't it doesn't require 4 5 a super majority or anything to get - okay. Thank you. 5 6 COMMIsSIONER HOLT: Mr. Roy. 6 7 COMMISSIONER ROY: The last annexation case 7 8 we had and it was just a few weeks ago, I believe, I made 8 9 the motion to proceed with the annexation or to recommend 9 10 to Council to proceed with the annexation. And I did so 10 11 because there were people in the audience who objected, of 11 12 course, but staff had made a compelling argument about 12 13 what I will call the "greater good" for that case. And 1 13 14 know we on the Council did not excuse me, we on the 14 15 Commission did not all see eye to eye on that case, but it 15 16 did pass us. 16 17 1 certainly see, you know, the position of 17 18 staff and why they're recommending to proceed with this. 18 19 But I don't see the same greater good test that I saw on 19 20 the previous annexation case, so I'm going to make a 20 21 motion that we do not proceed with the involuntary 21 22 annexation, 22 23 COMMISSIONER HOLT: Is there a second? 23 24 COMMISSIONER THIBODEAUX: second. 24 25 COMMISSIONER HOLT: Dr. Thibodeaux. Please 25 Page 34 Page 36 1 vote. The vote is yes to deny annexation. Thank you. 1 2 Now, if our chairman will come back. 2 3 Ms. CARPENTER: I don't know that they 3 4 understand. 4 5 COMMISSIONERHOLT: Okay. I'll tell you 5 6 again, the Commission is recommending against annexation. 6 7 (VOTE PASSED UNANIMOUSLY 5-6 TO DENY 7 8 ANNEXATION.) 8 9 (COMMISSIONER NOBLE NOT BEING IN ATTENDANCE 9 10 AND COMMISSIONER STRANGE BEING RECUSED FROM 10 11 THIS ITEM.) 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 OCTOBER 12, 2005 Page 33 - Page 36 AGENDA INFORMATION SHEET AGENDA DATE: November 1, 2005 DEPARTMENT: Fiscal Operations ACM: Jon Fortune SUBJECT Consider approval of a Resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date. BACKGROUND The Appraisal Review Board (ARB) is a body specifically charged with the responsibility of reviewing protested appraisal records. They meet primarily between May and July and as needed thereafter. Members of the ARB serve two-year staggered terms. Approximately half the member's terms expire each year. Terms begin January 1. Nominations to this Board are provided by the taxing jurisdictions and appointed by the Denton Central Appraisal District (DCAD) Board of Directors by a majority vote. City Council may submit as many nominations as they desire. Attached is a brief summary of qualifications for appointment to the ARB and a questionnaire. Nominees must complete and return the questionnaire to the DCAD by November 15, 2005. The Board of Directors is scheduled to make their selection during their December meeting. A list of the current members is also attached. The five members whose terms will expire in December 2005 are as follows: Bill James (Corinth) Jack Weir (Denton) Howard Creamer (Little Elm) Willaim Sinclair (Shady Shores) Patrick Carr (Trophy Club) All five are eligible for reappointment and have expressed a desire to serve another term. PRIOR ACTION/ REVIEW (Council, Boards, Commissions) On November 16, 2004, Council nominated George Gibson and David Rowley as members to the Appraisal Review Board of the Denton Central Appraisal District. Agenda Information Sheet November 1, 2005 Page 2 FISCAL INFORMATION There is no fiscal impact to the City. EXHIBITS Appraisal Review Board Summary of Qualifications 2005 Appraisal Review Board Members List Resolution Respectfully submitted: Diana G. Ortiz Chief Financial Officer APPRAISAL REVIEW BOARD Qualifications To serve on the Appraisal Review Board (ARB), you must have lived in the appraisal district for at least two years before taking office. You don't need any special qualifications. The Comptroller's office will provide a course for training ARB members. All ARB members must complete the course to participate in ARB hearings. Persons Ineligible 1. Those who have served all or part of three previous terms on the ARB. 2. Current or former members of the board of directors, officers, or employees of the appraisal district. 3. Those who serve or have served as a member of the governing body or officer of a taxing unit for which the appraisal district appraises property, until the e anniversary of the date the person ceased to be a member or officer. (Our attorney has interpreted an officer to be a member of a Planning and Zoning Board, a member of a Zoning Board of Adjustments, an election official or any officer that has decision-making authority for any entity that the Appraisal District serves.) 4. Those who have ever appeared before the ARB for compensation or if a relative appears, or their work product is used before the ARB for compensation. 5. Employees of the Comptroller's Office or a taxing unit. 6. Those who contract with the appraisal district or with a taxing unit that participates in the appraisal district. Also, if the person or a business entity in which the person has a substantial interest contracts with the appraisal district or a taxing unit that participates in the appraisal district. 7. Those with Delinquent Property Taxes. Appointment The Board of Directors will appoint ARB members by a majority vote and record their decision in a resolution. Terms begin January 1. Members serve two-year staggered terms; approximately half the member's terms expire each year. ARB Compensation The ARB receives a $75.00 minimum for a half day and a maximum pay of $150.00 per day. ARB Meetings Beginning in January, the ARB will meet on the third Wednesday of each month. (Except in May, June and July) Meetings are held at the offices of Denton CAD. ARB reappraisal hearings will start on a daily basis, as needed, from late May until the appraisal roll is approved usually in late July. Meetings will normally be from 9:00 A.M. to 5:00 P.M. Currently the ARB meets one night a week in May, June, and July. Appraisal Review Board Questionnaire The Board of Directors of the Denton Central Appraisal District is considering you as a possible member of the Appraisal Review Board. The Board of Directors will choose members for a two- year term. The selection will be made at the next Board meeting. Would you please answer the following questions and return to the District as soon as possible. Name Address Address Phone Nominating Jurisdiction 1. Would you be willing to serve? (Beginning in January, the ARB will meet on the third Wednesday of each month. (Except in May, June, and July) ARB reappraisal hearings will start on a daily basis from late May until late July from 9:00 A.M. to 5:00 P.M. 2. Have you ever been an officer or employee of the appraisal district? 3. Have you ever served on the appraisal district's board of directors? 4. Have you ever been a member of the governing body or an officer of a taxing unit for which the appraisal district appraises property? If so, has it been the 4tn anniversary of the date you ceased to be a member or officer? 5. Have you ever appeared before the ARB for compensation? 6. How long have you resided in Denton County? 7. Occupation 8. Do you have any prior experiences serving on an appraisal review board or any board that has to do with property value? 9. Could you make a decision based on evidence rather than feelings for the taxpayer? 10. The property tax code requires that all property be valued at 100% of market value. Could you keep this in mind throughout the proceedings? 11. Would you be willing to work nights and weekends if necessary? The Board of Directors will notify you of their decision. Board of Directors Denton Central Appraisal District Denton Central Appraisal District 3911 Morse Street, P O Box 2816 Denton, Texas 76202-2816 (940) 349-3800 2005 DCAD APPRAISAL REVIEW BOARD Original Term - January 2001 Term Expires 12/31/2006 JOHN SOLBERG 2244 Stonegate Denton, TX 76205 940-387-3089 Original Term - April 2001 Term Expires 12/31/2006 JAMES M. DEAR 5122 - FM 2931 Aubrey, TX 76227 940-365-9596 Original Term - January 2002 Term Expires 12/31/2005 BILL JAMES 3601 Derby Run Corinth, TX 76210 940-321-1117 Original Term - January 2002 Term Expires 12/31/2005 JACK WEIR 1212 Vista Verde Denton, TX 76210 940-484-8302 Original Term - January 2003 Term Expires 12/31/2006 PATRICIA STEELE 3507 Buckingham Corinth, TX 76210 940-498-9406 Original Term - January 2003 Term Expires 12/31/2006 SHIRLEY 14AISLER 1200 Cowling Rd. Sanger, TX 76266 940-458-3678 Original Term - January 2003 Term Expires 12/31/2005 HOWARD CREAMER P. O. Box 289 Little Elm, TX 75068 972-292-2212 Original Term - January 2003 Term Expires 12/31/2005 WILLIAM SINCLAIR No 52. Hidden Valley Rd. Shady Shores, TX 76208 940-321-3686 Original Term - January 2003 Term Expires 12/31/2005 PATRICK CARR, JR. 1116 Trophy Club Dr. Trophy Club, TX 76262 817-491-1153 Original Term - January 2003 Term Expires 12/31/2006 HURL SCRUGGS, JR. 712 Knollridge Dr. Lewisville, TX 75077 972-221-4323 Original Term - January 2003 Term Expires 12/31/2006 BETTY MCCRARY 1474 College Parkway Lewisville, TX 75077 972-221-1965 Original Term - January 2003 Term Expires 12/31/2006 FRED M. WILLIAMS 2704 Devonshire Dr. Carrollton, TX 75007 972-245-5060 Original Term - January 2002 Term Expires 12/31/2006 LOUIS HALL 717 E. Roewe St. Pilot Point, TX 76258 940-686-0062 Original Term - January 2005 Term Expires 12/31/2006 WILLIAM E. HOSKINS 4305 Essex Ct. Flower Mound, TX 75028 972-539-7574 Original Term - January 2005 Term Expires 12/31/2006 WAYNE GILLUM 504 South Kirby Pilot Point, TX 76258 940-686-2708 Original Term - January 2005 Term Expires 12/31/2006 DONALD L. MILLER 6710 Oliver Creek Road Justin, TX 76247 9410-648-3387 S:10ur Documents\Resolutions1051Appraisal Review Board 2005.doc RESOLUTION NO. A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office for various Appraisal Review Board members of the Denton Central Appraisal District will expire on December 31, 2005; and WHEREAS, the City of Denton, Texas wishes to nominate members to said Board; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The City of Denton, Texas, hereby nominates and as members to the Appraisal Review Board of the Denton Central Appraisal District. SECTION 2. 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. SNYD CITY TTORNEY BY: AGENDA INFORMATION SHEET AGENDA DATE: November 1, 2005 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Bruce Henington 349-8134 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute change order number one to the contract between the City of Denton and CBS Mechanical; providing for the expenditure of funds therefor; and providing an effective date (File 3414-Change Order One to Purchase Order 120873 in the amount of $3030.00). FILE INFORMATION In March 2005, the City of Denton purchased a new 185-ton air-cooled rotary chiller to replace an old unit in the Police Department area at City Hall East. Installation was bid separately and awarded by staff to CBS Mechanical in the amount of $23,980. During the current Jail Renovation Project, it was determined that additional work would be required for the installation of the chilled water piping. This requested change order allows for "freeze seals" to be applied while the work is being done instead of draining the system (which would result in a higher cost). CBS Mechanical is requesting change order one in the amount of $3030, which increases the price of installation to $27,010. Expenditures in excess of $25,000 require Council approval. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On March 1, 2005, Council approved the purchase of an air-cooled helical rotary chiller for City Hall East. On June 27, 2005, staff approved a purchase order for installation of the above unit in the amount of $23,980. RECOMMENDATION Approve Change Order One in the amount of $3030.00 to CBS Mechanical for s total purchase order amount of $27,010 for installation of the chiller for City Hall East. PRINCIPAL PLACE OF BUSINESS CBS Mechanical Denton, TX Agenda Information Sheet November 1, 2005 Page 2 ESTIMATED SCHEDULE OF PROJECT Completion of the project is not impacted by this change order. To avoid major delays in the Municipal Jail Renovation Project, the work on this change order has been completed. FISCAL INFORMATION The change order will be funded from account 10009243 7.13 65.40 100. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Invoice from CBS Mechanical 1-AIS-File 3414 Attachment 1 G65 i'IECH SMVICuS FdGF 02! k _ Ej>3r':¢; 2Efl5 Ig: @7 94e7,833713 ALLIED FLOW AO. Box tIst Midlotfil$n, Thus 78W SPIEGI A L ISTS, I NC {9723 -7X7 PA5 J972) 723-7Q27 rrx I V OICL DATE TDWOICE # 51712005 511714 Ud•L To RETM PAYMENT TO C B S .Mechanical Allied Flow Specialists, Inc. Accounts Payable PO .BOX .1150 5001 West University Dr Midlothian, TX 76065 Benton, .TX 76207 P.O. -No. TERMS DUE DATE 10S DATE Yltt)UCTIJOB W.O. N.O. 50885 Met 30 days S, 7f1a05 Uerrton Police Dept K15705 DESCRT MOINT AMOUNT f'erfoy,med two 6" CHW breeze Seats wi 2hr extra hold time 3,1030. t}6T Please provide tax exempt cert and tars will be omitted otherwise you will be responsible for the tax on the invoice Sales Tao /11a I av A*js- =ERMV~312H 101 43030 i Thank you for yrour-bustnessl Tot~1 urn, c-~r-cr..r P1 PEF-REEZIN0 14 QT TAPPING BACKFLO ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER ONE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND CBS MECHANICAL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 3414-CHANGE ORDER ONE TO PURCHASE ORDER 120873 IN THE AMOUNT OF $3030.00). WHEREAS, on March 1, 2005 by Ordinance No. 2005-078, the City awarded a purchase order to CBS Mechanical in the amount of $23,980 for the installation of a new chiller for City Hall East; WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council, that a change order be authorized to amend such contract agreement with respect to the scope of work and an increase in the payment amount, and said change order fees under the proposed contract being fair and reasonable, and are consistent with, but not higher than, the recommended practices and fees published by the professional associations applicable to the Provider's profession, and such fees not exceeding the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Change Order No. One, increasing the amount ofthe contract between the City and CBS Mechanical, which is on file in the office of the Purchasing Agent, in the amount of Three Thousand Thirty Dollars and 00/100 ($3,030) Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said change order. The total purchase order amount increases to $27,010; and SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. 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, CITY ATTORNEY BY: 3-ORD-File 3414 AGENDA INFORMATION SHEET AGENDA DATE: October 18, 2005 DEPARTMENT: Planning and Development Department ACM: Howard Martin, Utilities, 349-8232 SUBJECT: V05-0018 (Spring Brook Planning Group) Consider approving an exaction variance of Section 35.20.2.L.2 of the Denton Development Code concerning perimeter streets and Section 35.20.3.13 of the Denton Development Code concerning sidewalks. The 7.25 acres of land is located approximately 750 feet east of Carmel Street and at the end of Chiquita Street. A motion at the Planning and Zoning Commission to recommend approval was defeated upon a tie vote. (2-2). BACKGROUND: Spring Brook Planning Group applied for a physical hardship variance from Section 35.20.2.L.2 of the Denton Development Code concerning perimeter streets and Section 35.20.3.13 of the Denton Development Code concerning sidewalks. The applicant requested a variance from constructing the perimeter street and installing sidewalks. The owners want to subdivide lot 2, Block 1 of Chiquita Addition into two lots Lot2R1 and Lot 2R2 for Single Family Residential Use. Applicant presented the variance request as both a physical hardship and an exaction variance to the Planning and Zoning Commission. Staff recommended denial of both. The physical hardship variance failed to receive a motion or a second, and the motion to recommend approval of the exaction variance to the City Council failed on a 2-2-split vote. As shown in the Applicant's letter (Attachment 3), Applicant has requested Council to consider the exaction variance only, notwithstanding the P&Z disapproval. Pursuant to 35.3.4.C.4(b), if the application has been denied by the Planning and Zoning Commission, such application shall not become effective except by a three-fourths (3/4) vote of all members of the City Council. The Development Code requires new perimeter streets as follows. "If an arterial or collector street is proposed by the mobility plan on, near or within the boundary of the development or the development creates the need for a new perimeter street, the development shall provide the portion of the perimeter street including right of way dedication for which it reasonably creates the need, but in no case shall that portion of the street provided be less than a pavement width of twenty-five (25) feet, plus required bicycle lane, in the case of an arterial. Minimum right of way dedication for new perimeter streets shall be sufficient to provide the required amount of pavement, the required parkway width for the street classification as shown in the Transportation Criteria Manual, and an additional five feet to provide for any sloping needed between the pavement and the property line of the development. All perimeter streets shall be provided with curb and gutter along the side abutting the development. If the perimeter street is ultimately proposed to serve as a divided arterial street and the development is required to install half I of the arterial street, then curb and gutter shall be provided on both sides of the perimeter street so as to provide the curb for the future median of the arterial street." The Development Code requires sidewalks as follows: "All developments shall, within a dedicated right of way or easement, provide sidewalks and/or bicycle facilities designed and located in accordance with the Transportation Criteria Manual and street classification along both sides of all streets within the development. " (35.20.3.13) Chiquita is a street that is set forth on the City's connectivity plan. As shown it would run from Carmel to Helm. In this case, applicant is willing to dedicate the ROW for Chiquita (25 feet) for the frontage of his property approximately 700 feet. But he is unwilling to construct or to pay for the improvements to Chiquita. Applicant asserts that the cost of construction exceeds the impact of the two lots/two single family homes causes on the potential Chiquita Street. What is the impact of those two single family homes? The cost of building a 25 foot wide street, approximately 700 feet long is $68,400 (exclusive of ROW). Our methodology, used all over the city is the following: $6840/lot (which includes a 5 foot sidewalk and pavement with curb/gutter) for a standard lot with of 50 - 70'. Since applicant is proposing two lots, then applicant's fair share is $13,680. In lieu of the $13,680 fair share payment, staff suggested that applicant dedicate additional ROW as show on Attachment 5 using the option set forth in Section 35.20.2.K.3 of the Denton Development Code: "To provide for future street improvements, any development may elect, upon the approval of the Planning and Zoning Commission, to dedicate more street right-of-way than would otherwise be required for the development, in lieu of constructing the total street system otherwise required of the development by this Code, when: a. The additional right-of-way will be needed for a proposed arterial street, as shown on the City Thoroughfare Plan; b. Omitting the street improvements that would otherwise be required would not substantially impair the safe movement of traffic created by the development; and c. The market value of the additional right-of-way would, as determined by the City Engineer, be equal to or greater than the cost of the street improvements, which are to be omitted." Applicant opted to not accept either option identified by staff and to continue to pursue the exaction variance. RECOMMENDATION Staff recommends denial of this variance based on the following findings: 1. The variance is not a physical hardship variance but an exaction variance. The application does not meet the requirements of Section 35.3.5.B.2 (b) of the Denton Development Code. 2. Based on the city's methodology for cost per single family residential lot for road construction, applicant's fair share is $13, 680 and not zero which would be the result if this variance is granted. 2 ATTACHMENTS 1. Location Map 2. Site Plan 3. Letter from Applicant 4. September 28, 2005 Planning and Zoning Commission Minutes 5. Possible Additional ROW dedication Prepared by: David Speicher Development Review Administrator Submitted by: Kelly Carpenter, AICP Planning and Development Director 3 ATTACHMENT 1 Location Ma p ~ ray r,,, i,l ~ - - r,,F , II ~r ~ F rnL~ - - hJF'-_ 1 j II - i ~ I ~JRni'~h C ~ _ . - ~ I _ ~l - ~ l ~ ~ ~ - 1 ~ lip ~ _ _ _ _ - titi ~ r _ ~ i ~ F= _ ~ ~ ~ ] ~ _ _ ~ ' , ~ ~ ~ ~ 5 - , i , ~ 1 , ~ _ _ - _ _ 1` l I' ~ti - ~ - ~ - _ _ - 1 - 1~~ _ ~ ~ ~ ~ ~ . ~ _ ~ _ - ' ~''i ~ _ i-,F~~~t~.~ IdF 7 II SITE J ' 1 ~ i , f= ~ i + _ - _ - - r,1F ~ 2 s `il ~ Rl _ ~ II I I ~ ~ SAS ~ r1F~r~~1~~_i ~ r1F i PJF'- 4 s A 1 van _ K ~a Mid alis Z .I.NMNHDV.I..I.V ATTACHMENT 3 Applicant Letter No$ Orid I oP G7of~i t'f: IC A' Ye °T62J 1 TX rt. 'MOO lftct bffd 7,a_rrlM' PW,9Wta a 1~ ` 't' fn-rife a W "t - ham OP r r ,w f rn b t d fbf a r7d rrr fen ahr 1 f i the pt r r' ' 4 t to ►r is ~ a a bO'fl ~nq :r hof e rx `'ate .°B= f 0 Is o PMPO* ti~ ete~ of f.e st: subcVo cad t 1[ted~ spy 1 ft}a~tt7at f~h1~y~~.y~jt.'th:-dip©ti~f/6 g50 ~ $;o, : '1 1. yA. -G- F ldF 3 371: Lx-1 6 \~+u'1 st LR~TiC3' ~C'3 L e ftYRwl -rdGIN7'1 - {.lw~TY. tt~ my lieu i~vtito r~fr ri eTVy-V+ rtt Vrine ~:~r€?P~rae. b At t eri t t o Wnstr is € a of bad k-" O'Y MW r 1 " _ e 9 a ties . as .r d"~ R8n -ated by-a.new, siqg64a 'house" ~tferft would der4 ' r ~en4t %m, ,tire road as a~tt tb. e . z~;p~~~ ~ ernf u:ic is !~'t e try ~rv~ta pit rq ~-a R.ropased moss My, Cfftrris'=fiwbd'de~f46 b en'efit fr&n sideWr i oil # r far a 1n'fietrtf drr, rrtw Id fl IfI'.t_he Jabfa,'Wow, 't a, co ,,t,, thwrAO!w and 7~ Apra f' a ~ a eeMM trd b . ,off i 3 two ~t yf ff a° [ cost :h E~;i~°bet deo~ 4 Table 1 Typical" Development Chiquita Addition Lot Width 70''" 690'± Land Cost $1.001 sq.ft * $1.151 sq. ft. 25'Wide ROW 1,925 sq. ft. 20,430 sq. ft. (include 10% contingency) (0.469 acres) ROW costs $1,925 $37,174 Road & sidewalk cost (as recommended in staff $6,840 ($13,68012 lots) $13,680 ($6,8401Iot) report) Total ROW, road and $17,530 $37,174 sidewalk costs for two lots * Assumptions We originally applied for a physical hardship variance due to the physical constraints associated with the extension of Chiquita Street to the east (see Staff Report for Spring Brook letter dated August 2, 2005). However, as those physical constraints are not on the subject property a hardship variance is not a valid option. Regardless of the adjacent physical constraints of extending Chiquita Street to the east, we believe that that the imposition of the regulations exceeds any reasonable benefit to the property owner and therefore meet the criteria for approval of an exaction variance and respectfully request you favorable consideration to our request. Thank you in advance for your time and efforts regarding this variance. If you have any questions please do not hesitate to contact me. Larry Reichhart, ASLA, AICP Spring Brook Planning Group 5 Con&nseltTM Page S Page 7 1 COMMIssIONER STRANGE: we now come to the 1 (COMMISSIONERS NOBLE, THIBODEAUX AND HOLT 2 public hearings. 1 would ask for those of you in the 2 NOT PRESENT.) 3 audience to be made aware that if you wish to 'speak on any 3' COMMISSIONER STRANGE: The next item is an 4 item as a public hearing you will need to have filled out 4 individual consideration and it is consider a variance 5 one of the yellow cards that you would see at the door and 5 from the Development Code concerning perimeter streets and 6 band those in to the front, We try to enforce the rule. 6 sidewalks. Ms. Chewle. 7 If you do not turn in a card, you do not get to speak. So 7 Ms. cHEwLE: vas-oois is a variance 8 please be aware of that. And if you do wish to speak on 8 application submitted by applicant Spring Brook Planning 9 any item, get a card. 9 Group. The application is to consider this case here 10 The first public bearing tonight is the 10 today is to consider either making a recommendation to 11 approval of the final plat of Lot 2R, Block B of the 1 I City Council or approving a variance of Section 12 Denton Bible Addition being a replat of Lot 2, Block B of 12 35.20,21.2 of the Denton Development Code concerning 13 the Denton Bible Church Addition and 7.675 acres of 13 perimeter streets and Section 35.20.33 of the Denton 14 unplatted land. Ms. Chewle. 14 Development Code concerning sidewalks. 15 Ms. cHEwLE: Project No. 405-0007, Denton 15 The 7.25 acres of land is approximately 750 16 Bible Church, final replat. The site is approximately 32 16 feet cast of Carmel Street and at the end of Chiquita 17 acres generally located approximately 600 feet east of 17 Street. I have here with me Mr. David Speicher who is our 18 Nottingham Drive between University Drive and Mingo Road. 18 Development Review Coordinator and he'll be able to answer 19 The property is located in Neighborhood 19 any technical questions, if you have regarding this 20 Residential Mixed Use NRMU zoning district. The purpose 20 case. 21 of the street plat is to amend Lot 2, Block B of the 21 coMMlssioNER STRANGE: Anyone have any 22 Denton Bible Church Addition and 7.675 acres of implatted 22 questions of staff? Thank you very much. This is not a 23 land. This application was reviewed per the regulations 23 public hearing. It's individual consideration, but is the 24 of the Development Code. The property is located within 24 applicant here and do they wish to speak? 25 existing neighborhood in-fill compatibility future land 25 MR. PALASOTA: Howdy. Page 6 Page 8 1 use area of the Denton plan and is consistent with the I COMMISSIONER STRANGE: Hello. If you'd 2 plan 2 give us your name and address, please. 3 The plan meets the the plat meets the 3 MR. PALAsoTA: Ism Vince Palasota. I live 4 minimum requirements and, therefore, Development Review 4 at 4 Oak Forrest Circle in Denton, Texas. Thanks for 5 Committee recommends approval. That's it. If you have 5 allowing me to come before you today. I want to first 6 any questions, I'll take them now. 6 introduce myself and tell you just a little bit about my 7 COMMISSIONER sTRANGE: Anyone have any 7 family. I'm Vince Palasota. My wife is Tammy and I have 8 questions of staff? Thank you. This is a public hearing. 8 three very young beautiful girls. And we all live in 9 And is the applicant here and did they wish to speak? 9 Denton, Texas. And we chose to live in Denton, Texas. 10 APPLICANT: only if you have any questions. 10 My business or two of my business, 11 COMMISSIONER STRANGE: The applicant is 11 actually, are in Carrollton, Texas, and we have a desire 12 here so if anyone has any questions, okay. Is there 12 to trove those to Denton at some point. But we've made a 13 anyone else who wishes to speak? We have no cards on this 13 decision to live in Denton, Texas. 14 item. Or do we have cards? 14 In December of this past year, my mother 15 Ms. CARPENTER: These are both Item 5, W. 15 and father-in-law, their dream house is actually was 16 Chairman. 16 actually available for about two years and it's at the end 17 COMMISSIONER STRANGE: okay. We have no 17 of Chiquita Street and there's a picture of it right 18 cards on this item, so we will close the public hearing. 18 there. Really wasn't feasible financially for them to 19 Mr. Roy. 19 purchase that house and all of the land and really didn't 20 COMMISSIONER Ror. I move approval of this 20 need the land in their retirement. My wife and I had this 21 item as recommended by staff. 21 great idea that we would you buy the house, we'll buy 22 COMMISSIONERwATKINs: second. 22 the land, and we'll subdivide that land and we'll build 23 COMMIss1oNER STRANGE: I have a motion by 23 our house. 24 Mr. Roy and a second by Mr. Watkins. Any discussion? 24 Now, a lot of people can't live right next 25 Please vote. Item passes 4-0. 25 door to their mother and father-in-law. I can, and my PLANNING AND ZONING AHNUTES SEPTEMBER 28, 2005 Page 5 - Page 8 I Condenselt"m Page 9 Page 1 l I family can, so we're very excited.about that opportunity. 1 little bit closer up. That's the proposed right-of-way 2 The land, it's very beautiful. There's 29 Pecan Trees 2 that we are looking to dedicate right now that's on the 3 that we hope that will be in our front yard and our acids 3 plat that was submitted. 4 will be able to grow up and walk across the meadow, if you 4 In the staff report, it's a Development 5 will, to grandma and grandpa's house and swing from the 5 Code, requires new perimeter paving streets as follows: if 6 trees one day. 6 an arterial collector street is proposed on the mobility 7 This is a this is the view of the fence 7 plan. Well, none are shown on the mobility plan or if the 8 line that there's 53 trees that if that road is ever 8 development creates the need for a new perimeter street. 9 approved or goes in at one point in time which I'm 9 I'm not really sure that one additional house, twenty 10 certainly I know that it can that we would have to 10 total kips on seven and a half acres does create the need I I really mow those trees down. 1 I for new 650 foot of new pavement. 12 The decision that we're trying to make, 12 Again in the backup, staff is recommending 13 my family is trying to make is have things changed to the 13 that we pay $6,400.00 per lot, which is typical 14 point for us that that we don't build that house, and 14 development costs for perimeter paving, sidewalks, curb r 15 we stay where we are, we find another house or another lot 15 and gutter in the City of Denton. And I wanted to take a 16 within the Denton area to build, so this is an aerial view 16 look, well, we're not typical. This isn't typical and 17 that was actually taken about 10 or 12 years ago, I guess, 17 even if you assume a typical lot at 70 feet. And I don't 18 before the before the trees were ever planted so it's 18 believe that is what is typical in Denton, if you assume a 19 kind of a rough view. But if you can see the Chiquita 19 dollar per square foot for raw land and I bet it's closer 20 Street, the house that you see right here is actually my 20 to .80 cents. 21 mother and father-in-law's house today. 21 But if you make those assumptions and add 22 So we've hired the Larry Reichhart, 22 ten percent for perimeter paving that's not right in front 23 we've hired his services to represent us because in eight 23 of the house, you're looking at about 1,925 square foot 24 months in looking at some of the rules and regulations, I 24 per lot towards the right-of-way at $1.00 a square foot, 25 just haven't been, I guess, smart enough to really 25 that's almost $2,000.00, then the $68.40 for the five-foot Page 10 Page 12 1 understand all of the ins and outs of the Development Code I sidewalk curb and gutter, you're looking at about 2 and certainly everyone at the City has been more than 2 $8,700.00 per lot. Or if you double it, because we're 3 helpful identifying, you know, what potential 3 looking at two lots, it's $17,530.00 for the right-of-way 4 opportunities are and Larry is going to address the 4 and the road in front of that house. 5 variances that we're requesting. 5 Well, we have about 690 feet at $200,000.00 6 And we came here today knowing there were 6 for four of the acres. And the other three and a half 3 7 only four people to vote, so we need all four of you to 7 acres cost more than that. So I used the low figure. 8 cast a vote in favor, so we knew that coming in and we 8 We're dedicating 4.69 acres of right-of-way. That equals 9 decided to take that chance. So thank you for your time 9 $20,000.00. Add in the recommended cost for the road and 10 and I'll look forward to seeing your results. Thank you. 10 the sidewalk. That's another $13,000.00. We're at 11 tvrR. REIcHHART: Good evening. Just give me 11 $37,000.00 for right-of-way and road where a typical 12 a second to my name is Larry Reichhart with Spring 12 development is $17,000.00. 13 Brook Planning Group, 2405 Mustang Drive in Grapevine 13 So exaction variance, you know, what is our t 14 76051. And I have to apologize right off. My Powerpoint 14 proportional share and what are we being asked to pay? We j 15 doesn't speak the same language as the City's Powerpoint, 15 believe that the right-of-way in itself is enough towards 16 so there's going to be a few technical glitches, but we'll 16 the improvements regarding criteria for the approving 17 get through them. 17 them at an exaction variance. Again, this was in your 18 And we are looking tonight at a variance 18 it's in the Cale, but that the exaction variance is 19 for perimeter paving and sidewalk. As identified in the 19 appropriate based on a finding that the imposition or 20 staff report, I believe that this could he considered as a 20 regulations exceed any reasonable benefit to the property 21 physical hardship variance. Staff thinks it's an exaction 21 owner or are so excessive as to constitute confiscation of 22 variance. I have, I believe pretty good background on 22 a tract to be platted. 23 both and will be presenting that to you. 23 And, again, ten additional trips per day. 24 Here's the location. I think we all know 24 I don't know if that warrants 650 foot of new road, and 25 where it is now. Carmel, Chiquita and here's the site, A 25 then the dedication of the right-of-way at a cost of PLANNING AND ZONING MINUTES SEPTEMBER 28, 2005 Page 9 - Page 12 CondenseltTM Page 13 Page 15 1 $23,000.00. I think anymore you are starting to look at 1 The applicant is proposing aturn-around 2 financial takings. What I argued to begin with is the 2 on-site, so the fire trucks can come in if they have to, 3 physical constraints. 3 turn around and leave the site. 4 Again, here's the right-of-way that we are 4 The conditions upon which the request for a 5 dedicating. What just popped up would be the right-o€-way 5 variance is based are unique to the property. The 6 that would be, dedicated when the adjacent property to the 6 location of this property in association with the 7 north is developed. The problem with that is there's an 7 extension is unique. One half of the proposed road 8 existing lot in the Bent Oak Subdivision. This road 8 dead-ends into an adjacent subdivision. It's already 9 where we've dedicated our 25 feet ends up going through 9 there. And the remaining has to be extended through ESA 10 this existing lot's back yard. 10 stream buffer and floodplain. And I think that is unique 11 There is a house on there as you can see in 11 to this site and not something you would see throughout 12 the overhead. So what will happen, what would have to 12 the City of Denton. 13 happen is that the my client would have to dedicate 13 The only way that this property can be 14 additional right-of-way so we could swing the road down. 14 extended is for additional right-of-way to be either 15 Now, if you look at the adjacent parcel where this road is 15 granted by my applicant, by the property owner or 16 headed, it's NR-3, single Family Development. And the 16 condemned by the City in the future. And, again, we've 17 reason I'll for that that that's important will show 17 dedicated over four and a half acres. Now, we're going to 18 up in a short time. The existing site has a pond, a 18 be asked to dedicate more property and it is starting to 19 stream buffer, floodplain, upland habitat. 19 take be more than a mere inconvenience to the property. 20 Now, if you recall in the Development Code, 20 The variance will not in any manner vary 21 when this property goes to be developed, 50 percent of 21 the provisions of the zoning ordinance. Variances are 22 that upland habitat has to be preserved in a contiguous 22 allowed in the Code. I mean, we're not asking to do 23 area. My contention is that's it's this section over here 23 something that is not allowed. Subdivision variances are 24 that will be preserved. If you look, the utilities are 24 granted all the or at least sought all of the time. 25 out here. I'm thinking that the lower portion or the 25 Special peculiar conditions, upon the Page 14 Page 16 1 portion closer to Teasley makes sense to be built, better 1 request created by the property owner. Well, on the 2 access and all, and that these trees up here would be the 2 adjacent another developer created the subdivision 3 ones that would be preserved. 3 which is creating the need for this road to be dropped to 4 Additionally, here's the property that 4 the south and, you know, God created the physical 5 we're talking about that's being developed, and this is 5 constraints, the trees, the floodplain, and such on the 6 the part that all of these lines are supposed to pop up 6 adjacent property. 7 at once, but these are the lines that are shown on the 7 We feel we meet all five of the criteria 8 connectivity map that identifies that this road in front 8 for a physical hardship variance and we do respectfully 9 of Chiquita is supposed to be extended into this property 9 request your approval. Be happy to answer any questions 10 over to Teasley, then south, over the floodplain, over the 10 that you have. I 1 stream buffer, through the trees, and that is what is I 1 COMMISSIONER STRANGE: Mr. Roy. 12 supposed to be developed. I think the floodplain itself 12 COMMISSIONER ROY: Mr. Reichhart. 13 in crossing that floodplain in three or four different 13 MR. REICHHART: Yes, sir. 14 locations is going to be a barrier to building that road. 14 COMMISSIONER ROY: I am totally confused 15 And additionally, there's a subdivision up 15 about what's going into this place. There's nothing in 16 here, Oceans to Oceans that has been platted that I don't 16 our backup. There's nothing in what you have said 17 believe had the right-of--way for that road being developed 17 MR. REICHHART: There is one additional Into this 18 through it. So I really don't know where these roads are 18 single family lot going into this property. 19 going. 19 site right here, there's an existing house right here, 20 The criteria for approval for a physical 20 property owners are subdividing the property. COMMISSIONER ROY: So there's a house 21 hardship variance, not be detrimental. Well, the road 21 22 isn't there now. We're looking at one more house creating 22 this property that house at the end of Chiquita. Street 23 not building the road is not going to be detrimental to 23 is part of this site; is that correct? 24 the neighborhood. Fire and emergency access can be 24 MR. REICHHART: Yes. 25 handled on-site. 25 COMMISSIONER ROY: And then what else is PLANNING AND ZONING MINUTES SEPTEMBER 28, 2005 Page 13 - Page 16 i CondenseltTM Page 17 Page 19 1 going to happen in this? 1 right-of-way would be north of that, or we'd have to look 2 MR. RmcHHART. one additional house. 2 at additional easement or additional right-of-way down in 3 COMMISSIONER ROY: EeCause there's some 3 this area. Quite honestly, if we dedicated the additional 4 reference to two lots. 4 right-of-way, we wouldn't have needed the variance. 5 MR. RmcHHART: well, in order to subdivide 5 The Code allows and staff proposed that the 6 the property, if you could zoom out just a little bit, 6 Code allows that if you dedicate additional right-of-way now that's fine. This is the property 7 above and beyond what would normally be required that can 7 please, right 8 coming up here all the way up and down, okay. Here's the 8 offset your road improvements. The applicant, quite 9 existing house. They're proposing to subdivide the 9 honestly, was looking at more and more intrusion into the 10 property into two. Here's the existing lot. Here would 10 property, another 25 feet, anyway, so a total of 50 11 be one additional lot. There's a drainage easement that 11 foot. And decided that they would rather seek a variance. 12 comes through this property right now. We're looking to 12 COMMISSIONER STRANGE: okay. So let me 13 relocate it, but it still needs to be fairly wide because 13 follow this along a little bit. from my own understanding 14 it's s0 flat out there. But they're proposing to sit one 14 again. If, and I may need to ask staff this, too. If 15 additional house approximately in this location. 15 this proposal had not come forward to split this and that 16 COMMISSIONER ROY: All right. So this talk 16 one house stayed there, is there any reason to think that 17 about a Chiquita Addition is just one more 17 we would be looking at a right-of-way dedication? 18 MR. REICHHART- one more lot. 18 MR, REICHHART: No, you would not. Because 19 COMMISSIONER Roy: one more house? 19 the property would not have to be platted. It was already 20 MR REICHHART: One more house 20 platted, I believe, prior to, that's why we're doing a 21 approximately 6,000 6,500 square foot house. 21 replat. 22 COMMISSIONER Roy: okay. Thank you. 22 COMMISSIONER STRANGE: All right. 5o 23 COMMISSIONER sTRANG6: I'm like W. Roy, 23 really, we wouldn't be looking at at some reason at 24 I'm a little confused on one point. You're looking for a 24 this point that this right-of-way would be dedicated? 25 variance from perimeter paving and sidewalks? 25 MR. RwcHHART: Right. Page 18 Page 20 1 COMMIsstoNERSTRANGB: And, secondly, and I MR. REICHHART: correct. 2 COMMISSIONER STRANGE: And then I thought I 2 this may be for staff, if the City did ever want that 3 understood the applicant to say they did not want to grant 3 right-of-way and they came in there and condemned that, 4 a right-of-way because it was going to go right through a 4 then who would pay for the street? It wouldn't be the 5 lot of Pecan Trees. 5 property owner, would it? 6 MR. REICHHART: well, they 6 LgGAL: Right. Well, the condemnation COMMISSIONER STRANGE: But you're showing a 7 action that the City would have to come in and seek 7 8 right-of--way, so 8 condemnation of the right-of-way and bear the expense and 9 MR. REICHHART: They will dedicate the 9 then try to find some way to offset the cost of it if it 10 right-of-way. They're looking for the variance not to 10 could through some kind of a street improvement fee, but I # 11 build the road. 11 don't think that there's anything that is provided 12 COMMISSIONER STRANGE: So they're willing 12 right-of-way to allow that. 13 to grant the right-of-way, they just don't want to build 13 MR. REICHHART: well, another scenario is 14 the road. 14 that if the adjacent property is developed and another } 15 MR. REICHHARM Yes. 15 developer would like that access, I mean, they could pay E 16 COMMISSIONER STRANGE: That was a a little 16 for the condemnation and then they could pay for the 17 confusing in what we were looking at. And the 17 improvements of the road. 18 right-of--way they're going to grant will compensate at the 18 COMMISSIONER STRANGE: I guess the point 19 east end for the lot that would be in the way? 19 I'm trying to get to is if under either one of those two 20 MR. REICHHART: NO. 20 circumstances, this applicant would or the applicant here 21 COMMISSIONER STRANGE: No? 21 would not be asked to be paying for the street? 22 MR. REICHHART: It's the 25 there' S 22 MR. REIcHHART: That is correct. COMMISSIONER STRANGE: Right. So in a 23 additional right-of--way in this area, but then it's 23 24 straight 25 across the front. That existing lot you can 24 sense we're getting a right-of-way that otherwise we would 25 just barely make out is right here. The additional future 25 have to condemn? PLANNING AND ZONING MINUTES SEPTEMBER 28, 2005 Page 17 - Page 20 Condensdfm Page 21 Page 23 l MR. REICHHART: Correct. I mentioned. 2 COmmiss[oNER STRANGE: And all we're giving 2 I will also say that Mr. Palasota has been 3 up is them not paving the street or putting in a 3 great he has been a great guy to work with. All we're 4 sidewalk 4 throwing at you as staff is what's in our Code and what 5 MR. REICHHART: Right. 5 the requirements are. We do have the two proposals as 6 COMMISSIONER STRANGE: --into an estate. 6 it's shown in the report. Any other questions I'll be 7 MR. REIcHHART: And I should also mention 7 glad to answer them. 8 that the other issue is that the applicant is going to 8 eoMM[ssIoNER Ray: so you're saying that 9 have an access easement from his father-in-law's property, 9 our existing plan recognized the problem with that road 10 and they're going to use the existing driveway, and then 10 and showed it to be dropping down a little bit to the 11 expand extend the existing driveway into their lot. 11 south and then straightening out and going over or is that 12 COMMISSIONER STRANGE: Mr. Roy. 12 little crook there 13 COMMISSIONER ROY. AS I recall the Chiquita 13 MR. SPEICHER: This is the crook right 14 Street now has no sidewalks? 14 here. 15 MR. REIcHHART: That is correct. 15 COMMISSIONER ROY: That's not existing, is 16 COMMISSIONER ROY: And so this would boa 16 it? 17 sidewalk basically to a single family home and so I'm I 17 MR. SPEICHER: NO. 18 don't have too much trouble with that part of it. But I 18 MR. REICHHART: NO, it's not. ; 19 need understanding from staff as to your thinking on the 19 MR. SPEICHER! No. You guys are over in 20 road. Are we would we plan a road on the north side of 20 this general area here. And there's a little crook in 21 his property that would go to that home over there on Bent 21 here that's not really shown much, but this is where the 3 22 Oaks? 22 end of the property is and we'll have to dive down. So we 23 MR. PARKER: if I can addrm that. 23 already intend on doing that in our mobility plan. 24 Ms. CARPENTER: Mr. Speicher, you need to 24 MR. REICHHART: If I may point out on the 25 stand in front of the mike for us. 25 overhead, too, on the mobility plan, they intended to go Page 22 Page 24 j I MR. SPEICHER: okay. Let me scoot my 1 over to Helms Street, too, but as I stated before, the 2 picture up here first. 2 Oceans to Oceans development already platted that corner 3 Okay. What I have here is a copy of our 3 property. And I don't recall, I haven't looked at that 4 connectivity plan for our mobility. And this is Chiquita 4 plat recently. But I do not recall that right-of-way was 5 Street here. This little dip right here is approximate 5 dedicated for a road along their northern property line. 6 location of where the existing home is located right in 6 COMMISSIONER ROY: Does staff know the 7 this general area here. And this is this shows that we 7 answer to that? Or what if it was or was not, what does 8 do plan on having the connectivity continue on on dawn to S that mean for us? 9 the next road here and it connects into Lillian Miller on 9 MR. SPEICHER: The alignment of this road 10 the east. 10 is going to be development driven. I don't think it's I 1 And that answers your one question about 11 anywhere in our capital improvements. I'm quite confident 12 would the road go through, and this is why staff is 12 it isn't. And as development occurs, development will 13 talking about this issue. And I would like to add one 13 extend this road accordingly and in accordance with our E 14 more thing that hasn't been discussed. And that is a 14 Development Code. E 15 water main on here. There is a our existing water main 15 coMM[ss[oNER sTRANGB: [ think the question 16 ends right here and we propose to allow them to provide us 16 for Mr. Roy was, does that other piece that's over there, 17 some additional right-of--way. We're thinking it's going 17 is there right-of-way on the north edge of that Oceans to 18 to be more like this section here. 18 Oceans that would align with this other street. Ms. F 19 This is on the east end of the property. 19 Carpenter. 20 We're thinking it's more along this line right here. And 20 Ms. CARPENTER: At this I can't tell 21 this this would help us in re-routing the property, the 21 whether my it's not working, so the I don't know. 22 roadway underneath the existing subdivision that you see 22 I didn't look at the Oceans to Oceans plat tonight, I 23 in here. And allow us to continue on with our water, our 23 mean, today. But what Mr. Speicher says is correct. 24 and our roadway, make the continuity to the east. 1 24 There's undeveloped, I believe, parcels on the north side i ~ 25 just wanted to bring that up. I don't think that was 25 there which still would allow the road to be put in there PLANNING AND ZONING MINUTES SEPTEMBER 28, 2005 Page 21 - Page 24 Condenselt"M Page 25 Page 27 I as development occurs. You don't have to rely solely on 1 coMMIssIONER sTRANGE: Mr. Roy. 2 that Oceans to Oceans piece. But we could look it up and 2 coMMIs3IONER ROY: This is being presented 3 find out what the dedication was, if any. I don't know 3 to us as an exaction variance tonight. 4 off the top of my head. 4 MR. REICHHART: it was presented both ways, 5 COMMISSIONER STRANGE; I thought one of the 5 and 6 slides showed development already up there. 6 Ms. cARPENTER: Mr. Chairman 7 MS. CARPENTER: well, there you can see 7 COMMISSIONER STRANGE: Yes. 8 it looks like a street, but it's not abutting to 8 Ms. CARPENTER: the item is posted and 9 Chiquita. I don't know 9 the staff report is written so that you could consider j 10 COMMISSIONER STRANGE: where's that map 10 either variance. The applicant has asked for the hardship I 11 that had that lot about the Bent Oaks in it? 11 variance. The staff is arguing it's an exaction. But the 12 MR. REICHHART: If you go back to the 12 way the heading is written and the item the Agenda item: 13 overhead or the Powerpoint, to the north of this property 13 is written, the Planning Commission is free to consider 14 is undeveloped. This property here's our site again. 14 either one. i 15 This property up here is undeveloped currently. So there 15 MR. RmcHHART: Arid staff posted it that 16 is the ability to. get additional right-of-way along here. 16 way to give us the benefit of the doubt, I believe. But 17 But along this property, it is the Bent Oaks Subdivision 17 if we go back to the exaction variance again again, the 18 which is developed. 18 amount of right-of-way that's already being dedicated in 19 So we are looking at getting the property, 19 excess of almost you know, or close to a half an acre 20 and, again, sorry, went the wrong way. This is what the 20 out of seven and a half acres in itself, we believe, is 21 Oceans to Oceans development is, right here which I 21 warrants the variance in itself. 22 contend right-of-way was not dedicated that would allow 22 Ms. cARPENTER: Mr. Chairman, as to the 23 this road to get over to Helms and then with the stream 23 exaction issue, I'd just like to offer the following. 24 buffer and the floodplain being that close to the rear of 24 When you're in an arterial street situation and the street 25 that property, that it makes it very difficult to come 25 is developed and you know what the volume over capacity Page 26 Page 28 1 through, you know, curve the road over the pond, through 1 ratios are, and you know what volume of traffic the new i i 2 the pond, and then back out this way. Not impossible, but 2 development is going to put on that road, it's pretty easy i 3 more difficult. 3 to identify what the rough proportionality is of the trips 4 COMMISSIONER STRANGE: Legal. 4 put on the road by the proposed new development. And the 5 LEGAL: I don't mean to derail the thought 5 effect on the need for additional segments or 6 process too much or anything like that. But I may be able 6 intersections or whatever. In a case like this, that kind 7 to shorten this discussion up a little bit insofar as the 7 of analogy is very difficult to make. 8 variance applied for was a hardship variance and all of 8 In looking at past variance cases, the E 9 the criteria applicable to a hardship variance speak to 9 language that the staff has provided to the Planning 10 the property itself for which the variance is sought. 10 Commission is like this. If there is a need for a road, 11 All of the various conditions, whether or 11 then what is the minimum road that needs to be put in 12 not it's detrimental to public health, whether it's the 12 place, it's probably the 25 foot one-lane requirement 13 conditions are unique to the property, whether there are 13 that's in the Code today that would serve this property, 14 particular physical surroundings relating to the property, 14 okay. And that needs to be, I think, what the Planning 15 its relationship to the zoning ordinance and whether it 15 Commission looks at with respect to the rough 16 was created by any prior user. All of those issues speak 16 proportionality. 17 to the particular property for which the variance is 17 It's very difficult to put in less than one i 18 sought. 18 lane to serve a house if you're going to put in a public 19 And these issues where we're speculating as 19 street at that location. So I don't know if the attorney 20 to whether or not the Oceans to Oceans property has been 20 wants to add to that. 3 21 platted, developed, whether there's easement on it, what 21 LEGAL: well, there are a couple of things 22 have you, are not really germane to the issue of whether 22 to add to it. I mean, first of all, going back to the 23 or not a variance should be granted under the hardship 23 application itself, and I'm sorry, I was just going by 24 variance standards that are set out in the Code. 24 Attachment 3, which is the application letter where it 25 COMMISSIONER ROY: A question, if I may. 25 said that the applicant was requesting a physical hardship PLANNING AND ZONING MINUTES SEPTEMBER 28, 2005 Page 25 - Page 28 CondenseItm Page 29 Page 31 1 variance from the perimeter paving and sidewalk 1 that part of the some requirement I'm just thinking 2 requirements that I was taking that to be an application 2 about how the fire truck would get in there. Let's say 3 for that standard rather than the other. 3 MR. REICHHART: There will be an access 4 However, you know, my recollection of the 4 easement granted from Lot 1 to Lot 2 over the common drive 5 City standards and the Denton Development Code for even an 5 area that will be shared by both properties. So when the 6 exaction variance is that the exaction has to be 6 plat is filed tyre will be an access easement over this 7 confiscatory of the property. And I don't know that I 7 portion of the driveway until it clears and gets into this 8 don't recall hearing any evidence on that issue. And I 8 second lot. That easement will run with the property. 9 don't know whether there is or isn't any at this point in 9 And that's a common development tool that's used, 10 time. 10 commercial development and residential development. E 11 The other point that I'd just like to point 11 coMMlsstoNER sTRANGE: Any other questions? 12 out that there could be other issues that are implicated 12 Okay. Thank you. We do have two cards on this item, and 13 by this particular variance. I know that there were a 13 both people who have filled out cards, both Mr. Palasota 14 number of issues sort of stated about what the applicant 14 and W. Reichhart have both spoken. We have no other 15 is willing to do or might do or may do or whether a 15 cards so I'm assuming no one else wishes to speak. Do we 16 turn-around might be put in. 16 have a motion on this item? Mr. Roy. 17 I know that under 35.15.7 of the Code 17 coMMtssioNER ROY: This is a tough one. 18 there's a minimum street frontage requirement that would 18 Here we have a proposal to develop the kind of home that 19 be implicated if a variance were granted potentially. And 19 the City is looking for and the indication or my 20 all I can really say is that you have before you what you 20 tendency is to try to promote that, and I don't have any 21 have before you. If you grant a variance, that doesn't 21 problem in the proposal on the sidewalks because there's 22 necessarily mean that what's been presented to you orally 22 there's no sidewalks at all in that whole neighborhood, 23 will come back to you and exist. So that needs to be a 23 in not only Chiquita Street but the other one. 24 consideration as well. I don't know if you had anything 24 The road, I'm struggling with there my 25 else in mind, Kelly, or not. 25 perception is is that road is probably never going to get Page 30 Page 32 1 MR. REICHHART: Regarding the street 1 built. It doesn't go anywhere and that whole Chiquita 2 frontage though, we do have I'm not sure if it's street 2 Street has only a handful of large estate-style homes and 3 frontage or right-of-way, we are dedicating the 3 there will be little incentive for the City to really 4 right-of-way. There is right-of-way frontage on the 4 build that. 5 proposed second lot. Regarding the turnaround, the fire 5 I am a great proponent of connectivity, but 6 marshal requires the Fire Code requites that the fire 6 that's for subdivisions. But this is not really a 7 trucks can get in and out safely from the site. And the, 7 subdivision. This is a group of four or five large 8 DRc comments reflect the need for a fire truck turnaround 8 estate-style homes, so I'm very much leaning toward 9 on the property. 9 granting this variance. Now, whether it's a physical 10 So we do have intentions of building the 10 hardship or an exaction variance, I'm still struggling on 11 fire truck we won't get a, you know, building permit 11 that. 12 unless we accommodate the fine marshal, so we're not 12 COMMISSIONER STRANGE: well, I concur with 13 creating an unsafe condition. My client is taking access 13 your thoughts. I don't see that that's that road is 14 from an existing driveway off of the end of Chiquita and 14 likely to be built and the point I was trying to make 15 again, one lot, one street, 600 foot of you know, 50 15 earlier is that the applicant is dedicating right-of-way 16 foot of frontage, and all of the right-of-way that is 16 if the road ever is to be built, the right-of-way would be 17 being dedicated, we believe, is the justification for the 17 there. 18 exaction variance. 18 So and the same concept on the sidewalks, I 19 coMMissioNmRoy: Mr. Chairman. 19 there's no other sidewalks there. So it would appear to 20 COMMISSIONER STRANGE: Mr. Roy. 20 me that the applicant has made provision if the road is 21 coMMlssioNER Roy: I understand from the 21 ever built, and if not, well, then there's a right-of-way 22 first presentation that this is a family relationship 22 there that's available. 23 between one lot and the other, but that might not be the 23 coMM[SSIONER ROY: well, maybe --legal, 24 situation forever. And so the access to Lot No. 2 I'm 24 how do we get around this? How do we get to a decision on 25 going to say, the new home, is that that acces is 25 whether this is an exaction or a physical hardship PLANNING AND ZONING MINUTES SEPTEMBER 28, 2005 page 29 - Page 32 CondenseltTm Page 33 Page 35 I variance, just our judgment or 1 documents may be amended in the matter prescribed by law? 2 LEGAL: No. There are very specific 2 You know, from what we could tell, this will vary only the 3 criteria for the physical hardship variance and there's 3 Denton Development Code, so arguably that standard could 4 also criteria for the exaction variance as well. Let me 4 be met. 5 go ahead and just read to you from 35.3.4.13.d, the 5 And, finally, you know, the special or 6 proposed exaction variance is appropriate based on a 6 particular conditions upon which the request is based did 7 fording that the imposition of the regulations exceeds any 7 not result from or were not created by act or commission 8 reasonable benefit to the property owner or is so 8 of the owner or any prior owner subsequent to the date of 9 excessive as to constitute confiscation of the tract to be 9 the creation of the requirement for which the variance is C 10 platted. There are also case holdings that speak to a 10 sought. 11 rough proportionality of the impact being attributable to 11 Again, there are no special conditions 12 attributable to this particular property, so I don't think 12 the development itself. 13 As far as the hardship variance is 13 that the criterion is really applicable whether it was 14 concerned, it has very specific criteria as well. Staff 14 created by this owner or not. The standard isn't met. So 15 has given you their analysis that this does not meet the 15 it's important to differentiate between the two types of 16 variances that you have, not just from the standpoint of 16 five criteria. And I personally concur with that, And I 17 tell you why and this may give you some guidance as well 17 satisfying these legal requirements, but also there it 18 because the focus of a physical hardship variance must be 18 makes a difference from the standpoint of maybe whether an 19 on the property itself for which the variance is sought. 19 appeal is involved or whether or not the City Council may 20 When you look at, you know well, I'll 20 see this again. 21 just kind of dodge through the five criteria real 21 So I hope that those guidelines may be of 22 quickly. Will the granting of the variance be detrimental 22 some assistance to you in fleshing out your motion and 23 to public health, safety or welfare or injurious to the 23 specifying a particular variance. 24 property? Well, arguably, you know, if you don't have 24 COMMISSIONER ROY: well, I think from what 25 that alternative access, some people might argue that 25 you've said and you highlighted the fact that we are to page 34 Page 36 1 that's an issue that would impact the welfare and safety 1 consider this particular property and not the adjacent 2 of the community. 2 property because the applicant has made points about the 3 Would the conditions upon which the request 3 adjacent property and the likelihood of this road going 4 for variance are based, are they unique to the property 4 through with the pond and the floodplain issues there, so $ for which the variance is sought and not applicable 5 considering all of this, it seems to me to be an exaction 6 generally to other property? Well, you know, I would 6 variance. And I make a motion that we recommend to 7 suggest to you that probably not because it doesn't have 7 8 anything to do with this property. The issues that are 8 the Council to approve an exaction variance in this case. COMMISSIONER STRANGE: we have a motion. 9 raised all have to do with property that's to the east of 9 10 this property. 10 Do we have a second? I'll second the motion. Mr. 11 The criterion 3, does the particular I I Watkins. j 12 COMMISSIONER wATKINS: Thank you, Mr. I 12 because of the particular physical surrounding, shape or 13 topographic conditions of the specific property involved 13 Chairman. I have we've wondered kind of far astray and 14 that because of that a particular hardship to the owner 14 I tend to lean the other direction. Number one, I don't I 15 would result as distinguished from a mere inconvenience of 15 want to be put in the position of deciding whether we'll j 16 the strict letter of the regulations as carried out? 16 ever build a road there or not. I think our downtown area 17 You know, if there were a mountain in the 17 proves that some of those things might have been a mistake 18 in years past when we didn't leave the right-of-way. 18 middle of it and you were requiring a roadway through it, 19 I also have a problem, Larry, with 19 that would be a situation for which this third criterion 20 may be applicable. Again, there's nothing shown on this 20 pardon me, I can't help it. I also have a problem with 21 particular property that is an impediment that's due to a 21 dedicating right-of-way, but nobody says who's going to 22 shape or topographical conditions. 22 build the road. If we dedicate the right-of-way, if we 23 The fourth criterion, will the variance 23 need a if a road is on the map, I don't think it's up 24 vary the provisions of the zoning ordinance, the Denton 24 to us to decide whether or not it will be built. 25 Development Plan, the master plan, except that those 25 Now, I wouldn't argue with you that I know PLANNING AND ZONING MINUTES SEPTEMBER 28, 2005 Page 33 - Page 36 i Con&nselt"'I Page 37 Page 39 1 a mad needs to be there. But if it's on the map, someone I coMMIssIONER STRANGE: Okay. Any other 2 put it there, maybe even Larry when he was here. But I 2 comments? Okay. We have a motion for and a second. A 3 have some problems with us deciding, well, the road 3 motion by Mr. Roy, a second by the Chairman for granting 4 probably won't be built, and so, it's not needed. 4 the variance. 5 It could very well be the case, but I don't 5 MS. CARPENTER: An exaction variance. 6 want to decide that here. I'm sorry, Mr. Chairman. Thank 6 COMMISSIONER STRANGE: An exaction 7 you 7 variance. If there's no other discussion, please vote.; 8 COMMISSIONER STRANGE: I don't know that 8 And it is a 2-2 vote. 9 we're deciding if the mad will be built. The 9 (COMMISSIONERS WATKINS AND GUGMON-RAMONE 10 right-Of-way is being provided. 10 VOTING IN OPPOSITION AND COMMISSIONERS 11 COMMISSIONER WATKINS: Sir? 11 HOLT, THIBODEAUX AND NOBLE NOT IN 12 COMMISSIONER STRANGE: I said the 12 ATTENDANCE.) 13 right of-way is being provided for a road. 13 COMMISSIONER Roy: what does that mean? 14 COMMISSIONER WATKINS: And if --we're 14 COMMISSIONER STRANGE: It means that it is 15 talking about two lots, but you could put several lots in 15 not approved. 16 there and then you would divide the price by several. You 16 LEGAL: Motion fails. 17 wouldn't? 17 cOMMIssIoNER STRANGE: moving back to our 18 COMMISSIONER STRANGE: Then you'd be 18 Agenda, and that is the final item for tonight unless 19 replatting the lots to do that. That would be a different 19 anybody has any future Agenda items. Seeing none, we will 20 issue at that point. 20 adjourn at 7:25. 21 COMMISSIONER ROY: That's a very important 21 (End of proceedings.) i 22 point to me is that these are only two lots. When I first 22 i 23 saw this project or this addition, I thought there were 23 c 24 going to be it was going to be developed into several 24 25 homes and I had one vision, thought about what the answer 25 Page 38 1 should be, but learning tonight that it's only two, one j 2 existing and one new home, that changed my thinking about 3 what type of roadway is needed in this area. I agree with 4 you about the decision, it's not our choice to make the 5 decision about the road. I'm just trying to be practical r 6 and, you know, supportive of our building large estate 7 homes like this. 8 COMMISSIONER STRANGE: Ms. GAZmon-Ramone. I 9 COMMISSIONER GUZMON-RAMONE: Thank you. i 10 And I think because I this is very hard, I guess, 11 subject for me. I do want to put my reasons behind my 12 decision on the record so at least the City Council will 13 have it to reflect on. 14 I actually do not believe that either a 15 hardship or an exaction variance has been met. I think 16 based on what legal stated, the hardship variance was not 17 met and if when we're determining whether an exaction was 18 met, whether we have to determine whether the 19 imposition actually exceeds the benefit. 20 I think in this case because it is it's 21 already dctailed in the plan that a right-of-way and a 22 street will be there. I don't think the imposition on the 23 property owners would exceed the benefit that the citizens 24 of Denton would have. And that's why I would be voting 25 against the motion. Thank you. PLANNING AND ZONING NIINUTES SEPTEMBER 28, 2005 Page 37 - Page 39 S N Q 47 P-I W tri M I t nn n e a Q ~ ,7£'£5T'F M,B j,£Z.dl 5 ~ Pii='-•-- - ~H}p~,9" I`• o%Yr /r ~ a ~ c71~~R 0 73 Mo rfn r = C.A az \ ...z o, ^ . M. 41 N w^ t~ ~-~rh ~ 0 \ ~ La, .:~ve~ K.}=d:N, iA Fun3~~I v L 9'~ 1,1 1 e. .........1 A-°r,r Y2T~ 14 T. O C 3 t 4r ~ A. 7;•,wtlr ~4~a~fis h .s's-'-'+C --I 3:-fin •.Tn},•_- jlljC r' i _'Y i- f~ ~ , r 1;~~, - s,F!'~! rN mot.. _'Yi \ tv_-__AC~'-! ` Y_.,.4 ~F t \~'•,<sF -,~t.~+~ ~ P' r S i£ w ja =v.--.xt~z9+^]~o_tr54e~o...r_Y__'~z,,~' - ~ 'L'~~-.` z ~~d 0.. 1~ 14 OE- ♦ ,_t-+'` J yi - x _ gam, ~`~r'E ~ p;~~''j #4q~$~Y%~fa~f t ~x•~'; 'x'~i7SlkC~~}~F~13Z}~'f~l!f3i FgYr~li l ~ E •F~~I c:EE{ t5~'ss'~ 'E 3fE1 %Fa:.^ t~ 'I i iI r U,e d ollS .LNFIWHDVJ,,L`d AGENDA INFORMATION SHEET AGENDA DATE: November 1, 2005 DEPARTMENT: Planning and_ Development ACM: Jon Fortune SUBJECT: Consider the adoption of an ordinance of the City of Denton, Texas, withdrawing annexation case A05-0001 and zoning case Z05-0022 relating to the annexation and zoning of approximately 244 acres of land contiguous and adjacent to the City of Denton, Texas, located in the eastern section of the City of Denton extraterritorial jurisdiction; generally located south of Mingo Road and both sides of Collins Road; being located in the M. Forrest Survey, abstract number 417 and the T. Living Survey, abstract number 729, Denton County Texas. BACKGROUND: In June 2005, the City Council directed staff to initiate an annexation proceeding for an area surrounding the intersection of Mingo and Collins Roads. On July 25, 2005, Council Member Kamp hosted a neighborhood meeting with residents of the proposed annexation area in an informal discussion regarding the issues and possible alternative solutions to annexing the area. Approximately 50 residents and property owners attended the meeting expressing concern over the annexation proposal. One of the reasons for pursuing such an annexation was to facilitate the closure of the Collins crossing of the Union Pacific Railroad. Since the Denton County Commissioners Court has agreed on October 18, 2005 to the closure of the Collins crossing, the City of Denton's annexation is no longer needed. If the property is not going to be annexed, the accompanying zoning case is also no longer needed. RECOMMENDATION: The staff recommends that the Council adopt the ordinance withdrawing the Ash Grove annexation and zoning cases. PRIOR ACTION/REVIEW (Council, Boards, Commissions) (Required) Intent to Annex Notification Mailed June 18, 2005 V CC Public Hearing July 19, 2005 Neighborhood Meeting July 25, 2005 2 d CC Public Hearing July 26, 2005 I" CC Reading of the Ordinance August 16, 2005 Planning and Zoning Public Hearing August 24, 2005 FISCAL INFORMATION N/A EXHIBITS 1. Ordinance Respectfully submitted: Kelly Carpenter Planning and Development Director ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, WITHDRAWING ANNEXATION CASE NO. A05-0001 AND ZONING CASE NO. Z05-0022 RELATING TO THE ANNEXATION AND ZONING OF APPROXIMATELY 244 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED IN THE EASTERN SECTION OF THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION; GENERALLY LOCATED SOUTH OF MINGO ROAD AND BOTH SIDES OF COLLINS ROAD; BEING LOCATED IN THE M. FORREST SURVEY, ABSTRACT NUMBER 417 AND THE T. LIVING SURVEY, ABSTRACT NUMBER 729, DENTON COUNTY TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has previously instituted annexation proceedings under Annexation Case No. A05-0001 for approximately 244 acres of land as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, the City Council has previously initiated zoning of the Property in Zoning Case No. Z05-0022; and WHEREAS, the City Council finds that it is in the public interest to withdraw and dismiss the annexation and zoning proceedings; 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. Annexation Case No. A05-0001 and Zoning Case No. Z05-0022 are hereby withdrawn and dismissed. SECTION 3: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL F EDWIN M. S , CIT TORNEY BY: 1 ATTACHMENT 1 EXHIBIT "A" All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the M. Forrest Survey, Abstract Number 417 and the T. Living Survey, Abstract Number 729 and being more particularly described as follows: BEGINNING at a point being the northeast corner of the present city limits line as established by Ordinance No. 83-55; THENCE North 04 Degrees 42 Minutes 30 Seconds East across the Union Pacific Rail Road right-of-way to the north line of Mingo Road a distance of 165.2 feet more or less to a point for the northwest corner of the herein described tract of land; THENCE North 61 Degrees 22 Minutes East along the north line of said Mingo Road a distance of 1,616.6 feet to a point for a corner on the west line of Collins Road; THENCE IN A NORTHERLY DIRECTION ALONG THE WEST LINE OF SAID COLLINS ROAD A DISTANCE OF 1,320 FEET MORE OR LESS TO A POINT FOR A CORNER; THENCE East across said Collins Road a distance of 50 feet more or less to a point for a corner on the east line of said Collins Road, said point also being the northwest corner of a certain called 7.020 acre tract from Judith Ellen Stowe to Sandra Arlene Sinquefield recorded by County Clerks file number 2004-141614, Real Property Records, Denton County, Texas; THENCE South 86 Degrees 16 Minutes East along the north line of said 7.020 acre tract, a distance of 776.8 feet to a point for a corner, said point being a southwest corner of a certain called 72.8 acre tract from Bradley Stuart Chilton, Jr. to Ash Grove Texas LP recorded by County Clerk file number 2005-59553, Real Property Records, Denton County, Texas, THENCE North 01 Degrees 34 Minutes 08 Seconds East along a west line of said 72.8 acre tract, a distance of 277.4 feet to a point for a corner; THENCE South 88 Degrees 13 Minutes 48 Seconds East, a distance of 2,015.09 feet to a point for a corner; THENCE North 01 Degrees 39 Minutes 08 Seconds East, a distance of 1,214.12 feet to a point for a Jcomer; THENCE South 89 Degrees 04 Minutes 50 Seconds East, a distance of 200.69 feet to a point for a corner; THENCE South 40 Degrees 29 Minutes 32 Seconds East, a distance of 489.64 feet to a point for a corner; 2 THENCE South 55 Degrees 17 Minutes 31 Seconds East, a distance of 387.47 feet to a point for a corner; THENCE South 61 Degrees 53 Minutes 33 Seconds East, a distance of 438.27 feet to a point for a corner; THENCE South 65 Degrees 23 Minutes 14 Seconds East, a distance of 116 feet to a point for a corner; THENCE South 78 Degrees 59 Minutes 07 Seconds East, a distance of 46.23 feet to a point for a corner, said point also being the most easterly corner of said 72.8 acre tract; THENCE South 07 Degrees 03 Minutes 12 Seconds East across said Union Pacific Rail Road right-of-way a distance of 1,163.7 feet to a point for a corner; THENCE South 82 Degrees 56 Minutes 51 Seconds West, a distance of 1679.1 feet to a point for a corner, said point being the beginning of a curve to the left having a radius of 2,188.7 feet; THENCE along said curve to the left having an arc length of 694.7 feet and a chord bearing of South 74 Degrees 17 Minutes 34 Seconds West a distance of 691.8 feet to a point for a corner. THENCE South 64 Degrees 20 Minutes 20 Seconds West, a distance of 254.8 feet to a point for a corner; THENCE North 86 Degrees 37 Minutes West, a distance of 678.31 feet to a point for a corner, said point also being the northeast corner of a certain called 6.3894 acre tract from Billy Florey Collins to Robert Alexander Collins, recorded in Volume 1510 Page 508, Real Property Records, Denton County, Texas; THENCE South 01 Degrees 19 Minutes 07 Seconds West, along the east line of said 6.3894 acre tract a distance of 601.87 feet to a point for a corner, said point being the southeast corner of said 6.3894 acre tract and the northeast corner of a certain called 3 acre tract of land from Thomas Alexander Collins et ux to Carnelia Darlene Collins Moran, recorded in Volume 2233 Page 365, Real Property Records, Denton County, Texas; THENCE South 01 Degrees 12 Minutes 15 Seconds West, along the east line of said 3 acre tract a distance of 371.58 feet to a, point for a corner, said point also being the southeast corner of said 3 acre tract; THENCE South 88 Degrees 47 Minutes 45 Seconds West, along the south line of said 3 acre tract a distance of 351.69 feet to a point for a corner, said point also being the south west corner of said 3 acre tract and being on the east line of a certain called 19.629 acre tract from Michael Ben Collins to William Christopher Collins recorded in Volume 4766 Page 309, Real Property Records, Denton County, Texas; 3 THENCE South 01 Degrees 12 Minutes 15 Seconds West, along the east line of said 19.629 acre tract a distance of 389.07 feet to a point for a corner; THENCE South 87 Degrees 32 Minutes 25 Seconds West, a distance of 865.57 feet to a point for a comer on the east line of Collins Road; THENCE South 02 Degrees 36 Minutes 28 Seconds West, along the east line of said Collins Road a distance of 201.30 feet to a point for a corner; THENCE in a Southerly direction and along the east line of said Collins Road a distance of 1,086.53 feet more or less to a point for a corner on the east line of said Collins Road; THENCE in a Westerly direction across said Collins Road a distance of 50 feet more or less to a point for a corner on the west line of said Collins Road, said point also being the southeast corner of a certain called 10.632 acre tract from Walter F. Laney et ux to Walter F. Laney, Jr., recorded in Volume 1573 Page 888, Real Property Records, Denton County, Texas. THENCE North 87 Degrees 00 Minutes 01 Seconds West, along south line of said 10.632 acre tract a distance of 358.20 feet to a point for a corner, said point being the Northeast corner of a certain called 1 acre tract from R.T. Laney et ux to Floyd W. Meeker et ux, recorded in Volume 632 Page 511, Deed Records, Denton County, Texas; THENCE South 02 Degrees 10 Minutes West, along the east line of said 1 acre tract and across Fish Trap Road a distance of 359 feet more or less to a point for a comer on the south line of said Fish Trap Road; THENCE in a Westerly direction and along the south line of said Fish Trap Road a distance 1,076.37 feet more or less to a point for a corner; THENCE North 04 Degrees 42 Minutes 30 Seconds East, across said Fish Trap Road and passing at 30'more or less the centerline of said Fish Trap Road being the southeast corner of the present city limits line established by said Ordinance No. 83-55, a total distance of 1,933.2 feet to the POINT OF BEGINNING and containing approximately 244 acres of land more or less. 4 1200 FT BUFFER r 500 FT BUFFER,, i <I 41 CITY LIMITS s ~ AIV 4" # -W Alr-~ a- LOCATION MAP 5